12/16/2004
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City Council Agenda
Date: 12/16/2004 6:00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
5 Presentations:
5.1 Proclamation - Miniature Art Soceity
5.2 Brownfields Awards to Council
6 Approval of Minutes
6.1 City Council - December 2, 2004
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Quasi-judicial public hearings
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
8.1 Approve the Petition for Annexation, Land Use Plan Amendment from County
Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from
the County R-3, Single-Family Residential District to the City Low Medium Density
Residential (LMDR) District for 1208 Claire Drive (Lot 9 of Stevenson's Heights in
Section 10, Township 29 South, Range 15 East); and Pass Ordinances #7353-05,
#7354-04 and #7355-04 on first reading.
9 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
9.1 Approve the City of Clearwater FY2003-2004 Consolidated Annual Performance and
Evaluation Report (CAPER).
9.2 Declare property at 1250 Palmetto Street surplus to City needs, and approve an
Agreement For Exchange of Real Property with the School Board of Pinellas County,
Florida conveying same to the Board in exchange for fee title to an 11,475 square foot
parcel, and easement over and across 25,477 square feet of land, in Section 5,
Township 29 South, Range 16 East, with estimated closing costs of$1550, and that
appropriate officials be authorized to execute same and all other instruments required
to effect closing as described therein.
9.3 Approve the applicant's request to vacate the east 240 feet of the 40-foot right-of-way
of State Street, (adjacent to 1312 State Street), subject to retaining a drainage and
utility easement over the full width thereof, and pass Ordinance Number 7370 on first
reading, (VAC2004-18 Reichel),
9.4 Deny a development agreement between K & P Clearwater Estate, LLC (the property
owner) and the City of Clearwater and deny Resolution No. 04-39.
9.5 Deny the applicant's request to vacate a portion of 60-foot street right-of-way of First
Street beginning at the northwest corner of Lot 48 of L1oyd-White-Skinner Subdivision
(A.KA 100 Coronado Drive) and more particurlarly described in Exhibit "A" attached,
subject to specified conditions, and deny Ordinance Number 7371-05 on first reading,
(V2004-02 K and P Clearwater Estate, LLC),
9.6 Deny the applicant's request to vacate two portions of South Gulfview Boulevard, one
being located along the north property line of Lot 1, Block A, Columbia Subdivision
(A.KA 100 Coronado Drive) and the other adjacent to the west lot lines of Lots 44, 48
and 52 through 55 inclusive, said right-of-way portions being more particularly
described in Exhibit "A" attached, subject to specified conditions and deny Ordinance
Number 7372-05 on first reading, (VAC 2004-04 K and P Clearwater, LLC),
10 Second Readings - public hearing
10.1 Adopt Ordinance No. 7321-04 on second reading, amending water and sewer utility
rates.
10.2 Adopt Ordinance 7352-04 on second reading, amending Section 33.067 of the Code of
Ordinances regarding defined areas for no internal combustion motors on Sand Key.
City Manager Reports
11 Consent Agenda
11.1 Authorize transfer of up to $100,000 to establish a project within the Special Program
Fund to pay for professional services associated with the development of the City's
5-year Consolidated Planning document, Analysis of Impediments to Fair Housing
document, and for the Master Planning of the Jack Russell site.
11.2 Appoint Mr. Robert Going to a two-year term ending December 31, 2006 as a Trustee
of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec.
175.061 of the Florida State Statutes.
11.3 Award a contract to Alan Jay Automotive Network for the purchase of three 2005
Chevrolet 2500 3/4-ton Suburbans, at a cost of $86,199.00 in accordance with section
2.564(1)(d)-Florida Sheriffs Association & Florida Association of Counties Contract
#04-12-0823 and authorize lease purchase under the City's Master Lease Purchase
agreement.
11.4 Approve the acceptance of a FY 2004/2005 Assistance to Firefighters Grant in the
amount of $293,248 from the Department of Homeland Security, and approve City
matching funds in the amount of $125,677, for a total project budget of $418,925.
11.5 Approve settlement of the entire workers' compensation claim of Timothy Hannas, to
include indemnity, medical, and attorney fees for the sum of $150,000 and authorize
the appropriate officials to execute same.
11.6 Accept Utility Easement with Hammerhead's Hardware, L.L.C., a Florida limited liability
company, d/b/a Ace Hardware, 1015 West Bay Drive, Largo, Florida 33770 within
Section 33, Township 29 South, Range 15 East, Pinellas County, Florida, as described
in detail in Exhibit "A" of the easement.
11.7 Approve an agreement with the National Ocean Service (NOS) - National Oceanic and
Atmospheric Administration for a water level and weather observation station on Big
Pier 60 and authorize the appropriate officials to execute same.
11.8 Approve acceptance of a Federal Aviation Administration (FAA) grant to repair/replace
the damaged Fixed Base Operator's roof at the Clearwater Airpark.
11.9 Authorize creation of a Capital Improvement Project for repairs and modifications to the
South Beach Pavilion and approve transferring $90,000.00 from General Services
Retained Earnings to fund the project.
11.10 Accept a 50.59 square foot Drainage and Utility Easement conveyed by Curtis B. Small
("Grantor") over and across a portion of Lot 2, KELLETT'S SUBDIVISION, in receipt of
$1.00 and other valuable consideration as defined therein.
11.11 Approve the McKim & Creed Work Order for Construction Engineering Inspection (CEI)
Services for the Northeast Filter and Marshall Street Blower Motor Control Centers
(MCC) Rehabilitation Project (03-0066-UT) in the amount of $167,400.00, and that the
appropriate officials be authorized to execute same.
11.12 Award a contract to American Water Services Underground Infrastructures, Inc.,
(formally known as Azurix North American Underground Infrastructure, Inc.) in the
amount of $250,000.00 for sanitary sewer line rehabilitation at various locations
throughout the City of Clearwater, using the City of Largo Agreement for Sanitary
Sewer and Stormwater Inversion Lining contract (No.: 02-B-871) awarded September
3, 2002,
11.13 Approve Change Order NO.1 to Aquatic Plants of Florida, of Sarasota, Florida for the
2004 Kapok Wetland and Floodplain Restoration Project (99-0085-EN) which increases
the contract amount by $29,637.70, for a new contract total of $183,663.81, and
authorize the appropriate officials to execute same.
11.14 Approve a work order in the amount of $295,190 to Wade-Trim, an Engineer of
Record, for professional services to prepare the City's Evaluation and Appraisal Report
(EAR) of the Comprehensive Plan and increase the Capital Improvement Program
budget by $215,392 of general fund revenue, $29,519 of water and sewer revenue,
$29,519 of stormwater revenue, $14,760 of marine and aviation revenue and $6,000 of
solid waste revenue, for a total increase of $295,190, and authorize the appropriate
officials to execute same.
11.15 Develop additional criteria to be added to the Neighborhood Conservation Overlay
District (NCOD)provisions in the Community Development Code to assist in designating
neighborhoods eligible to pursue NCOD designation in 2005 and accept applications
and undertake one NCOD planning process in 2006.
11.16 Approve the conversion of the part time Staff Assistant position in the City Attorney's
Office to a full-time Senior Staff Assistant position, adding the equivalent of .3 FTE.
11.17 Authorize the City Attorney to institute a quiet title action to clear a cloud on the title of
property located at 1108 Engman Street, Clearwater, Florida, and owned by the City of
Clearwater, Legal Description: Lot 37, Block B, Greenwood Park #2, according to the
map or plat thereof as recorded in Plat Book 81 , Page 16- T, of the Public Records of
Pinellas County, Florida.
Purchasing
11.18 Knight Enterprises - Installation of gas mains and service lines during the contract
period January 1, 2005 through December 31, 2005, at a cost not to exceed $950,000
12 Other items on City Manager Reports
12.1 Adopt Resolution 04-36 establishing the intent to reimburse certain Water and Sewer
project costs incurred with proceeds of future tax-exempt financing.
12.2 Pass on first reading Ordinance 7373-05, aligning construction advertising
requirements with guidance provided in the 2004 Florida Statutes, Chapter 255
12.3 Request City Council discuss and provide guidance on Resolution No. 04-38
authorizing changes to the recently amended commercial and private dock permits for
storage of vessels at the Clearwater Municipal Marina and the conditions surrounding
the turnover of business ownership at the Clearwater Municipal Marina.
12.4 Award the South Beach Pavilion lease to Steve and Lisa Chandler d/b/a Fields, Inc. for
a 1 O-year term beginning January 1, 2005, for a guaranteed minimum lease payment
of $1 ,000,080, in equal payments of $8334, plus annual payments of yearly gross
sales, excluding beach rentals: 20%from $750,000 to $1,000,000, 22.5% from
$1,000,001 to $1,500,000 and 25% above $1,500,001, plus monthly payments of 40%
of monthly gross beach rental sales for the term of the lease, plus $2,500 per year to
the Clearwter Beach Patrol Lifeguards for the term of the lease and authorize the
apropriate officials to execute same.
12.5 IAFF Union negotiations update.
13 City Attorney Reports
13.1 Setting impasse hearing re IAFF contract, if needed.
14 City Manager Verbal Reports
14.1 Provide Direction re lanes on Coronado and Water features on Beach Walk.
15 Council Discussion Items
15.1 Filling vacancy of Mayoral Seat.
16 Other Council Action
17 Adjourn
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Councilmembers
FROM: Cyndie Goudeau, City CJer~
SUBJECT: Follow up from December 13, 2004 Work Session
COPIES: William B. Horne, City Manager
DATE: December 14, 2004
The following information is provided:
Item #9.1 - Approve the FY2003-2004 Consolidated Annual Performance and
Evaluation Report (CAPER) - A request was make to provide the master plan for CHIP to
Council. That information will be provided by January 3, 2005.
Item # 9.4 - Deny development agreement between K & P Clearwater Estate, LLC;
deny Resolution 04-39. A request was made to provide dimensions and acreage of the
Mandalay Beach Club site. -Information will be provided as soon as it is received.
Item #14.1 - Beachwalk Update - Lanes on Coronado/Water features on Beachwalk.
- A question was raised regarding the number of businesses that will lose all their parking if
Coronado is four-lanes during Beach Walk construction. - There are 20 businesses that will
lose all their parking at the start of construction (around 154 spaces as per survey). These
spaces will be lost regardless of whether there is a three or four lane Maintenance of Traffic
(MOT) plan. The difference between the four lane and the three lane MOT configuration will
be the new proposed parallel parking spaces on the east side of Coronado, currently,
showing 46 parallel spaces. There will potentially be 13 spaces on the east side of Coronado
that will have the required 19' of depth.
If the 46 parallel parking spaces are put in, 17 of the businesses would be able to
access these parallel spaces. Of these 17 businesses, 15 of would have no parking spaces
in the four lane MOT configuration.
Questions were raised regarding the cost of the Beachwalk interactive fountain and the
warranties. The cost is $150,000 +/-; the warranty is one year on workmanship and
materials.
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Councilmembers
FROM: Cyndie Goudeau, City Clerk fj
SUBJECT: Additional Follow up from December 13, 2004 Work Session
COPIES: William B. Horne, City Manager
DATE: December 16, 2004
The following information is provided:
Item #9.4 - Deny development agreement between K & P Clearwater Estate,
LLC; deny Resolution 04-39. A request was made to provide dimensions and
acreage of the Mandalay Beach Club site.
Acres: 1.63
Sa.Ft.: 71,000
Dimensions of site: 250 feet along San Marco Street (north), 341.31 feet
along the east property line, 251.60 feet along Papaya Street (south) and
369.43 feet along the west property line.
Units: 157 units
Also provided is the latest version of the Development Agreement as of 4: 13
p.m. today (12-16-04).
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City Council
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Tracking Number: 1,007
Actual Date: 12/16/2004
Subject I Recommendation:
Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for
1208 Claire Drive (Lot 9 of Stevenson's Heights in Section 10, Township 29 South, Range 15
East); and Pass Ordinances #7353-05, #7354-04 and #7355-04 on first reading.
Summary:
The subject site is located at 1208 Claire Drive, on the north side of Claire Drive approximately
550 feet west of Betty Lane. The applicant is requesting this annexation in order to receive solid
waste service. The property is contiguous with the existing City boundaries to the north and
west; therefore, the proposed annexation is consistent with Pinellas County Ordinance No. 00-63
with regard to voluntary annexation. The subject site is approxi-mately 0.21 acres in area and is
occupied by an existing single-family detached 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 has 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, the Community Development Code and Pinellas County and Florida Law.
.The proposed annexation is contiguous to existing municipal boundaries and represents a
logical exten-sion of the boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPe) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and
no objections have been raised.
Please refer to the attached annexation (ANX2004-08012) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on November
16, 2004 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 11/06/2004
12/04/2004
Financial Information:
Review Aporoval
ater
Gina Clavton
Cvndie Goudeau
Cvndi Taraoani
Garrv Brumback
Leslie DouQall-Sides
Bill Horne
City Council
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11-24-2004
12-03-2004
11-24-2004
12-02-2004
11-29-2004
12-02-2004
12:58:59
13:55:34
14:23:29
15:30:30
15:08:39
16:02:37
ORDINANCE NO. 7353-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF CLAIRE DRIVE, APPROXIMATELY 550 FEET
WEST OF BETTY LANE, CONSISTING OF LOT 9, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1208 CLAIRE 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 9, Block A, Stevenson's Heights, according to the plat thereof as recorded in
Plat Book 34, Page 13, Public Records of Pinellas County, Florida
(ANX2004-08012)
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
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7353-05
ORDINANCE NO. 7354-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF CLAIRE DRIVE, APPROXIMATELY 550 FEET
WEST OF BETTY LANE, CONSISTING OF LOT 9, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1208 CLAIRE 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 9, Block A, Stevenson's Heights, according to the
plat thereof as recorded in Plat Book 34, Page 13,
Public Records of Pinellas County, Florida
(ANX2004-08012)
Land Use Cateaorv
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. 7353-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7354-05
ORDINANCE NO. 7355-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF CLAIRE DRIVE, APPROXIMATELY 550 FEET WEST OF
BETTY LANE, CONSISTING OF LOT 9, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1208 CLAIRE 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 9, Block A, Stevenson's Heights, according to the
plat thereof as recorded in Plat Book 34, Page 13,
Public Records of Pinellas County, Florida
(ANX2004-08012)
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. 7253-05 .
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7355-05
CDB Meeting Date: November 16.2004
Case Number: ANX2004-08012
Agenda Item: G-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Richard and Tomie Stover
LOCATION:
1208 Claire Drive
REQUEST:
(a) Annexation ofO.21-acres to the City of Clearwater;
(b) Land Use Plan amendment from Residential Low (RL)
Category (County) to Residential Low (RL) Category
(City of Clearwater); and
(c) Rezoning from R3, Single-Family (County) to Low
Medium Density Residential (LMDR) District (City of
Clearwater).
SITE INFORMATION
PROPERTY SIZE:
9,152 square feet or O.21-acres
DIMENSIONS OF SITE:
88 feet wide by 104 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Detached dwelling
Detached dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - November 16, 2004 - Case ANX2004-08012 Page 1
EXISTING
SURROUNDING USES:
North: Open Space
South: Single-family residential
East: Single- family residential
West: Single-family residential
ANALYSIS:
The subject property is located on the north side of Claire Drive, approximately 550 feet west of
Betty Lane. The parcel is 0.21-acres in area and is occupied by an existing single-family detached
dwelling. The applicant is requesting this annexation in order to receive City solid waste service.
The property is contiguous with the existing City boundaries to the north and west; therefore, the
proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. 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).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The property already receives water and sanitary sewer service from the City of Clearwater.
Sanitary sewer impact and assessment fees were paid by a previous owner.
Solid Waste
Solid waste service 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 proposed annexation is located within Patrol District 2 in which there are currently 65 patrol
officers and 9 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 645 Pierce Street. Community policing service will be provided through the City's
zone system and officers in the field. The Police Department will be able to serve this property
and the 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 #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purpose of this category to depict those areas of the County that
Staff Report - Community Development Board - November 16,2004 - Case ANX2004-08012
Page 2
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; TransportationlUtility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The proposed annexation is consistent with promoting the following goal 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.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.5.]
The site is currently zoned R3, Single-Family Residential in the County. The parcel will be
zoned Low Medium Density Residential (LMDR), which is the appropriate zoning district under
the Community Development Code. The parcel is 88 feet in width and 9,152 square feet in lot
size. 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 property exceeds the minimum
dimensional requirements of a standard development in the LMDR district and is therefore
consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of 5 dwelling units per acre for the Residential
Low plan category.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north and west and represents a logical
extension of the existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with these standards. In summary, the annexation of this
property is consistent with Florida law.
Staff Report - Community Development Board - November 16,2004 - Case ANX2004-08012
Page 3
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 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 Florida law regarding municipal annexation through its adjacency with existing City
boundaries.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following actions on the request:
a) Recommend APPROVAL of the annexation of the property located at 1208 Claire
Drive.
b) Recommend APPROVAL of the Residential Low (RL) Category pursuant to the City's
Comprehensive Plan.
c) Recommend APPROV AL of the Low Medium Density Residential (LMDR) zoning
district pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Consulting Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Plarming DepartmentlC D BlAnnexationslANX - 20041ANX2004-08012 1208 Claire Dr Richard Stover1ANX2004-08012 staffreport.doc
Staff Report - Community Development Board - November 16, 2004 - Case ANX2004-080 12
Page 4
Location Map
Owners: Richard and Tomie Stover Case: ANX2004-080 12
Site: 1208 Claire Drive Property Size (Acres): 0.21
Land Use Zoning
PIN: 10/29/15/85446/001/0090
From: RL (County) R-3 (County)
To: RL LMDR Atlas Page: 269B
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Owners:
Richard and T omie Stover
Case:
ANX2004-080 12
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Zoning Map
Owners: Richard and Tomie Stover Case: ANX2004-08012
Site: 1208 Claire Drive Property Size (Acres): 0.21
Land Use Zoning
PIN: 10/29/15/85446/001/0090
From: RL (County) R-3 (County)
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Future Land Use Map
Owners:
Richard and Tomie Stover
Case:
ANX2004-08012
Site:
1208 Claire Drive
Property Size (Acres):
0.21
Land Use
Zoning
PIN:
10/29/15/85446/001/0090
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To:
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Atlas Page:
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Proposed Annexation
Owners:
Richard and T omie Stover
Case:
ANX2004-080 12
Site:
1208 Claire Drive
Property Size (Acres):
0.21
Land Use
Zoning
PIN:
10/29/15/85446/001/0090
From:
RL (County)
R-3 (County)
To:
RL
LMDR
A tlas Page:
269B
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Aerial Photograph
Owners: Richard and Tomie Stover Case: A NX2004-080 12
Site: 1208 Claire Drive Property Size (Acres): 0.21
Land Use Zoning
PIN: 10/29/15/85446/001/0090
From: RL (County) R-3 (County)
To: RL LMDR Atlas Page: 2696
ED/HSG11
q.\
City Council
,l'g,~!I~a C~_~.~.!:,.,."~..~.~.~.!:.~..~.~"~~~_,,.,,.,,~w_,@,
Tracking Number: 998
Actual Date: 12/16/2004
Subject I Recommendation:
Approve the City of Clearwater FY2003-2004 Consolidated Annual Performance and Evaluation
Report (CAPER).
Summary:
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report, documenting the City's expenditures of Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S.
Department of Housing and Urban Development (HUD). For FY2003-04 the City's allocations for
the CDBG and HOME programs were $1,180,000 and $592,678, respectively. The CAPER
document serves as the basis for program monitoring for compliance and for financial audits for
all activities conducted during the FY2003-04 as outlined in the Consolidated Action Plan for that
program year. The report provides HUD with necessary information for the Department to meet
its requirement to assess each grantee's ability to carry out relevant Community Planning
Development (CPD) programs in compliance with all applicable rules and regulations. It also
provides information necessary for HUD's Annual Report to Congress and it provides grantees an
opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and
in meeting objectives stipulated in their Consolidated Planning document.
The City of Clearwater FY 2003-2004 CAPER contains information on the City's assessment of
activities listed below:
- Assessment of Three to Five Year Goals and Objectives
- Affordable Housing
- Continuum of Care
- Leveraging Resources
- Affirmatively Furthering Fair Housing
- Citizens Comments
- Self-Evaluation
Through the programs covered under the CAPER over 38,567 persons were assisted through
Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and
Economic Development programs. Also, during this past fiscal year fourteen (14) homes were
rehabilitated and five (5) new homes were constructed through our CDBG and HOME Programs.
The City's Neighborhood and Affordable Housing Advisory Committee is scheduled to approve
the FY03-04 CAPER at their meeting on December 7, 2004. The FY03-04 CAPER is due to HUD
no later than December 29, 2004.
Oriqinating: Economic Development and Housing
Section Administrative publiC hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 11/22/2004
Financial Information:
City Council
@^^",^",~g~"!:!,,~~a ~"~.~~^~"".,~,,~"~,,~..!:~,,~,,~~u~,
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Annual Reporting Document
In Current Year Budget?
No
Budget Adjustment:
No
For Fiscal Year:
10/01/2003 to 09/30/2004
Review Approval
Howie Carroll
Garry Brumback
11-17-2004 09:32:55
11-18-2004 09:42:28
12-06-2004 15:48:57
12-07-2004 08: 14:39
12-06-2004 20:00:23
12-06-2004 16:02:22
Geraldine CamDOS
Jay Ravins
Cvndie Goudeau
Bill Horne
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Ed/Hsg-l
CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
.
,
:t:."
Prepared by the
Economic Development & Housing Department -
Housing Division
Howie Carroll, Michael Holmes, Earl Uchiyama, Terry Malcolm-Smith, Marie Orsello &
Amy Forrest
~..-
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CITY OF CLEARWATER
CONSOLIDATED ANNUAL PERFORMANCE
AND
EV ALUA TION REPORT (CAPER)
FOR FISCAL YEAR 2003-2004
EXECUTIVE SUMMARY
The overall purpose of the federal Community Planning and Development (CPD) programs, as
stated in 24 CFR Parts 91, 92 and 570 of the Housing and Community Development Act, as
amended, (with programs funded through the Community Development Block Grant (CDBG)
and the HOME Investment Partnership (HOME) Programs) is to develop viable urban
communities by providing decent housing, a suitable living environment and expanding
economic opportunities principally for low to moderate income persons. The primary means
toward this end is to extend and strengthen partnerships among all levels of government and the
private sector, including for profit and non-profit organizations in the production and operation
of affordable housing and community development activities.
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Providing decent housing is one of the main objectives of these programs. Decent housing
includes such things as: retaining the existing housing stock by rehabilitating existing housing
units, increasing the availability of permanent affordable housing by building new affordable
rental and owner occupied units, providing down payment assistance, and assisting homeless
individuals and families. The second objective of the programs includes increasing public
services and public facilities in order to improve the safety and livability of neighborhoods as a
suitable living environment. The final objective is to expand economic opportunities to low to
moderate income individuals by creating and/or retaining jobs, or creating and/or expanding
businesses in the low to moderate income neighborhoods.
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report to document how effective the City of Clearwater has been in expending
CDBG and HOME funds towards meeting the objectives listed above. It serves as the basis for
program monitoring for compliance and for financial audits. It provides the U.S. Department of
Housing and Urban Development (HOD) with necessary information to meet its requirement to
assess each grantee's ability to carry out relevant CPD programs in compliance with all
applicable federal rules and regulations. It provides information necessary for HUD's Annual
Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their
successes in revitalization deteriorated neighborhoods and meeting their objectives as stipulated
in our Consolidated Plan.
The City's FY2003-04 CAPER contains information on the City's assessment of activities and
accomplishments as they relate to the five-year goals and objectives of the Consolidated Plan.
These include our efforts to assist with affirmatively further fair housing, provide affordable
housing, Continuum of Care activities, leveraging resources, our citizens participation, and self-
evaluation.
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11/22/2004
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ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES
In July 2000, the City of Clearwater City Commission approved the FY 2000-05
Consolidated Plan for funding from the Community Development Block Grant Program
(CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives
Partnership (SHIP) Program. In September 2000, the City's Consolidated Plan was
approved by the United States Department of Housing and Urban Development (HUD).
The five-year Consolidated Plan included three main key activities that included the
following:
1. Providing decent, safe, and affordable housing;
2. Increasing public services and facilities to Improve the safety of the
neighborhoods; and,
3. Expanding economic opportunities for low and moderate income people by
creating or retaining jobs or creating and/or expanding businesses in low to
moderate income neighborhoods.
The City has identified five (5) general strategies to provide affordable housing over the
Consolidated Plan period. They are to provide decent, adequate and affordable housing in
safe and desirable environments for:
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1. Renters
2. Homeowners
3. Homebuyers
4. Homeless, and
5. Non-Homeless with Special Needs.
Rental Strateev
The strategy for Rental activities includes maintaining the existing rental housing stock
through rehabilitation, new construction, conversion, and providing additional funding for
acquisition/rehabilitation, to very low-income households so that housing costs, including
utilities, does not exceed 30% of their gross monthly income.
According to the First Quarter 2004 report distributed by the Bay Area Apartment
Association (BAAA), the Clearwater Area (PIN2 Submarket) had a total of 14,817 rental
units in 67 developments, and 98% or 65 of the developments responded to their Bay
Area Apartment Survey. Overall occupancy rate in the submarket was 94.8%. The
average number of quarterly move-ins for this submarket was 22.2 and the average
number of quarterly move-outs was 17.2, yielding an average net gain/loss of 5.0 units per
development for the First Quarter 2004.
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In the BAAA First Quarter 2003 reported the average unit in the Clearwater Submarket
(pIN2) contained 964 square feet and had an average rent of $738. The overall rental
FY03-04 CAPER - PC
range is the lowest for efficiency units at $545 per month, increasing to $612 for one-
bedroom/one-bath, $700 per month for two-bed/one-bath, $689 for two-bedroom/one and
one-half bath and $796 per month for two-bedroom/two-bath units. Additionally, as the
average unit sizes increases to approximately 1,300 square feet or more, two-
bedroom/two-bath units average $805 per month, three-bedroom/two-bath units average
$950 per month, and three-bedroom/two and one-half bath units average $1,139 per
month. The highest average rental rate was reported in four-bedroom/two-bath units at
$1,251 per month.
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The First Quarter 2003 report also noted the age of the rental communities. Of the 68
rental properties, 54.7% (8,138 units) were 21+ years old, 33.6% (4,993 units) were 11-
20 years old, 5.04% (750 units) were 6-10 years old and 6.7% (996 units) were 0-5 years
old.
In terms of Pinellas County as a whole, the occupancy rate for all units was 94.51 % and in
the PIN2 Submarket the occupancy rate was 94.39%. In the BAAA - First Quarter 2004
Report, it showed the occupancy rate for the Clearwater Submarket at 94.83%.
The Rental goal is to facilitate the renovation and/or construction of four (4) multifamily
properties during this Consolidated Plan period.
During this reporting period, the City of Clearwater allocated approximately $885,000 in a
combination of HOME and SHIP funds to Mt. Carmel Community Development
Corporation (CDC), Clearwater Housing Authority and the Homeless Emergency Project.
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The City allocated $185,000 in SHIP funds for the development of an eight (8) unit senior
rental community in the North Greenwood Neighborhood. The City has also allocated
$260,000 in HOME funds and $77,100 in HOME CHDO funds to Mt. Carmel CDC
during a previous reporting period. The development is currently in the construction
document preparation phase and it anticipated that it would break ground during the fIrst
half of 2005.
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FY03.04 CAPER - PC
2
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Housio2 Strate2ies
The City of Clearwater implemented three basic strategies for assisting in the provision of
decent, safe and affordable housing. The strategies consist of:
. Homeowner rehabilitation - which include emergency repairs and disabled
retrofitting
. Down payment and closing cost assistance for homebuyers, and,
. Acquisition/rehabilitation/new construction
During the FY 2000-01 funding year, the City of Clearwater implemented its "Housing
Pool" . Funds in the Housing Pool are used for down payment, closing cost assistance, lot
acquisition, rehabilitation and new construction. Primarily SHIP and HOME monies fund
the Housing Pool. Participants in the Housing Pool may draw upon these funds for
eligible activities. For larger developments, a non-profit and/or for-profit may be allocated
funds in a line of credit format. This allows for the development of small infill projects as
well as the acquisition of several single existing units for rehabilitation and resale.
Clearwater's Economic Development and Housing Department - Housing Division
oversees the activities of its subrecipient participants and administers the City's
rehabilitation and emergency repair program using CDBG, HOME and SHIP funds.
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The City made available a total $2,273,278 for housing related activities in the Housing
Pool during this reporting period. This amount is comprised of $236,700 from CDBG
funds, $899,661 in HOME funds, and $1,136,917 in SHIP funds. The Housing Pool
continues to be one of the most effective ways for our housing partners to access funding
for income eligible clients. The Housing Pool participants submit a client case for City
approval and once approved the City will encumber those funds. Upon home closing the
Housing Pool Participant will request reimbursement of the funds the expended and their
loan processing fee(s). The loan processing fees are not funded until we carefully
reviewed the client file and have determined that all necessary documentation has been
obtain to verify household income and assets and to substantiate any rehabilitation that
may have been done on the home that was purchased.
State Housing Initiatives Partnership (SHIP) Program
In the 2004 SHIP Program Annual Report, which covered the period July 1, 2003 through
June 30, 2004, and which was submitted to the Florida Housing Finance Corporation in
September 2004, it was reported that as a result of its activities during this period, the
total value of all activity was $11.2 million dollars. That meant that for every dollar of
SHIP funds, the City leveraged approximately five (5) dollars in other funding. This value
was based upon the following:
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FY03-04 CAPER - PC
5
SlllP Funds Expended $ 2,299,838.47
Public Funds Expended $ 3,387,627.66
Private Funds Expended $ 4,736,937.00
Owner Equity $ 810,270.20
TOTAL $ 11,234,673.33
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Among the more notable accomplishments during this SIllP reporting period included
providing down payment and closing cost assistance to 42 families and the rehabilitation
of25 homes. Additionally, the report showed another 3 pending cases for down payment
closing cost assistance and 9 rehabilitations.
According to the SHIP Annual Report, it stated that a total of $],725,233 in total
revenues (allocation, program income and recaptured funds) were deposited into the Local
Affordable Housing Trust Fund during the FY03-04 State Fiscal Year. These funds were
generated through the following:
State Annual Distribution $ 872,409.00
Program Income $ 630,117.15
Recaptured Funds $ 222,707.25
Total $ 1,725,233.40
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Pinellas County Home Values
According to press release issued by the Pinellas Realtor Organization on November 8,
2004, residential real estate sales prices continue to increase substantially in Pinellas
County. The median price of a Single-Family Unit sold in the county during October 2004
was $2]9,300 that equated to a ]5.9% increase over sales registered during October
2003. The median price of Condominiums/Co-operatives sold during the month of
October was $134,900 - a whopping 3] % increase compared to sales during October
2003.
Homeowner Strateeies
The strategies for homeownership activities are listed as follows:
] . Bringing housing up to standard (and modernize when possible)
2. Removal of architectural barriers
3. Demolition of units that prove economically infeasible to rehabilitate and provide
relocation benefits
4. Ensuring housing costs are in the general range of 30% of household income, and,
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FY03-04 CAPER - PC
6
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5. Promoting energy efficiency and prevent loss of homes.
The five year (2000-2005) goal is to renovate 100+ housing units through the Homeowner
Rehabilitation Program, complete 25+ emergency repairs through the Emergency Repair
program, and retro-fit 25+ homes to make them more assessable for physically challenged
individuals through the Disabled Retrofitting Program.
Twenty-eight percent (28%) of the housing units in Clearwater are over 30 years of age.
To assist homeowners who need rehabilitation, the City offers loans through the Housing
Division and through the approved housing non-profits participating in the City's Housing
Pool. The loans are available to owner-occupied households with incomes that are very
low to moderate income, with a priority on very-low and low income households.
During FY 2003-04, the City made a total of fourteen (14) rehabilitation loans with
CDBG, HOME and/or SHIP funds. One of the loans was made with CDBG funds to a
low income family. This activity resulted in expenditures in the amount of$30,000.
The City continues to work with Largo Area Housing Development Corporation
(LAHDC) who has been in the predevelopment stages for a small niche infill subdivision in
South Greenwood called Woodlawn Oaks, consisting of eleven (11) homes. The City has
set-aside $100,000 in SHIP funds to assist LAHDC with the infrastructure improvements
for the proposed subdivision. LAHDC anticipates beginning infrastructure improvements
e in early in 2005.
Homebuver Strate2V
The strategies for homebuyers include providing housing counseling programs and
fmancial assistance to very low, low and moderate-income households with down payment
and closing cost assistance. Other strategies include: providing a means to finance the
cost of rehabilitation as part of acquisitio~ providing additional affordable housing units
to very low and low-income households, upgrading neighborhoods and encouraging
activities to promote safer neighborhoods.
A priority needs study identified the cost burden for owner households with cost burdens
greater than 30% as a medium level priority for households below 50% of area median
income. It also shows a high priority of needs for households with a cost burden greater
than 50% whose income is between 51-80% of area median.
The 2004 Median Income for a family of four in the Tampa/St. Petersburg/Clearwater
Area is $51,200. Very-Low income for the same family of four would be $25,600 and
Low income would be $40,950.
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According to the most recent "2003 Out of Reach Report" published annually by the
National Low Income Housing Coalition, a family living in Pinellas County would have to
earn $15.02 an hour to afford a two-bedroom unit at the area's Fair Market Rent (FMR)
FY03-04 CAPER - PC
7
of $781 a month. That same family, if they were making Minimum Wage would have to
work 117 hours to afford that same two-bedroom unit at FMR. As we can see by this
example there is a large gap between what a very-low and low income household earn and
what the costs are for housing. The maximum monthly housing costs for a family of four
who is very-low income (50% AMI) would be $621 a month.
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According to the figures put out by the most recent "Purchase Price Study" in December
2003 for the Pinellas County Housing Finance Authority and William R. Hough, the
median sales value for existing and new homes in the county were $169,451 and
$239,630, respectively. At these costs, it is very hard to find affordable housing in the
City limits. Households who are considered very low or low incom(~ find it almost
impossible to obtain housing without some form of subsidy. Some moderate-income
households would be able to afford a home provided they had good credit. The typical
infill house that the City constructed during the past year averaged between $120,000 and
$140,000, including the lot and all associated soft costs.
The five-year goal for homebuyers calls for assisting 50+ homebuyers per year with down
payment and closing costs assistance and assisting 100+ homebuyers to receive
educational services about purchasing a home.
The City offers several programs that help make housing more affordable to very-low and
moderate-income homebuyers. The City's Home Ownership Program will lend funds to
purchase land, provide down payment assistance, pay impact fees, disposition costs,
closing costs and build new homes for income eligible home buyers. Funds in this
program are also available to approved non-profit agencies financing their clients home
ownership needs. Currently these agencies include:
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· Clearwater Neighborhood Housing Services, Inc.
. Community Service Foundation
. Homes for Independence
. Habitat for Humanity
. Largo Area Housing Development Corporation, and
. Tampa Bay Community Development Corporation.
The funds will also be leveraged against private sector financing to provide affordable
housing.
In addition to loans, housing education and counseling services were provided by three of
the City's Housing subrecipients. The City provided an allocation of $35,000 to Tampa
Bay Community Development Corporation (TBCDC) to administers their "Home Buyers
Club" and $7,500 for Homeownership Counseling program, $3,575 to Consumer Credit
Counseling Services for budgeting and foreclosure counseling, and Community Services
Foundation (CSF) was allocated $15,000 to administer a "Partnership to Homeownership"
and "Homebuyer Education Program". All of the education and counseling programs
were funded through the SHIP program.
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FY03-04 CAPER - PC
8
.. --------1
e Over 592 individuals/families took part in the education/counseling services during this
reporting period. A total of 186 participated in both TBCDC Programs (Homeownership
Counseling and Homebuyer Education Programs), 394 participated in Community Service
Foundation's Partnership to Ownership and Homebuyer Education Programs, and a total
of 12 participated and/or were counseled by Consumer Credit Counseling Services.
Homeless Strate2V
According to the most recent point-in-time Homeless Survey that was done in January
2004 by the Pinellas County Coalition for the Homeless, there were more than 4,000
adults and children who were homeless in Pinellas County on the day of the survey. Of
that total the following were surveyed:
. Men = 2,352 (57.7%)
. Women = 889 (21.8%)
. Adults = 3,234 (79.4%)
. Males Under 18 = 182 (10.1%)
. Females Under 18 = 427 (10.5%)
. Children = 610 (20.6%)
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Twenty percent (20%) of the homeless survey stated that they many stay in Clearwater.
Other issues that lead to homelessness include such things as:
. Substance Abuse
. Eroding Work Opportunities
. Free Will/Choice
. Poor Work Ethics
. Long Term Illness
. Welfare benefits Being Cut
. Lack of Education
. Decline in Public assistance
. Lack of Affordable Housing
· Reduction in Federally Supported Housing
. Closing of Mental Institutions
. Lack of Affordable Health Care
. Domestic Violence
. Mental Illness
. Institutional Releases
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Strategies for the homeless included developing programs that meet the emergency
housing and supportive service needs of the homeless, including special sub-populations
and the street homeless.
FY03-04 CAPER n PC
9
Among some of the other strategies that the City has develop include:
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· Identify "Best Practice" Continuum of Care providers and Support them
· Allocated SHIP, HOME, CDBG Funds to Homeless Housing
· Opposed "Scattered" Neighborhood Emergency/Transitional Housing Units
· Supported Downtown "Emergency" Care "Intervention" Facility CHIP
. Supported Downtown "Campus" for Transitional Housing/Permanent Housing
. Implement Downtown Homeless Outreach Team
. Create Tourist Base DowntownlBeach Ambassador Program
· Implement a Sidewalk Maintenance Main Street Program
. Develop a Relationship with Salvation Army
· Relocate Downtown S1. Vincent DePaul Soup Kitchen/Thrift Centler
. Support a North Pinellas County "Homeless Service Center"
· Support Combined Funding by Cities/County
. Increase Downtown Business Interface
. Apply for More HUD Funding
. Initiate a 10-year city Homeless Strategy
The City has recently begun collaborating with the Cities of S1. Petersburg and Largo, and
with Pinellas County to begin developing a 10- Year Plan to End Chronic Homeless. With
this collaboration came the formation of the Homeless Policy Committee made up of a
cross section of public and private representatives from the entire county. The mission of
the Homeless Policy Committee is to Develop and implement a county-wide ten (10) year
strategic year plan to end homelessness. The Homeless Policy Group is a planning body.
As such it cannot formally commit the represented entities to any action, fiscal or legal.
The group provides credible infonnation and policy direction on homeless issues for the
policy bodies represented on the Policy Group.
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FY03-04 CAPER - PC
10
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Listed below is the membership structure of the Policy Group:
· Two elected officials from each entitlement entity (Largo, S1. Petersburg,
Clearwater, Pinellas County (8 persons)
· Elected official from Tarpon Springs
· Elected official from Pinellas Park
· One business community representatives
· Faith based representative
· Non-profit representative
· Homeless Coalition representative re chronic homelessness
· One law enforcement representatives
· Consumer representative
· Institutional health care representative
· Community health care representative
· JWB representative
. Housing Authority representative
· United Way representative
· Foundation representative
· VA representative
· Two open seats
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The Policy Group first met in August and began meeting formally and monthly in October
2004. Staff for the respective federal entitlement communities will provide support for all
of the meetings and will be directly involved with the development of the 1 0- Year Plan to
End Chronic Homelessness.
The City provided CDBG funding to four (4) agencies assisting the homeless in FY 2003-
2004 - Clearwater Homeless Intervention Project (CHIP), Religious Community Services,
West care of Florida (flk/a The Mustard Seed) - Turning Point and Religious Community
Services - Food Pantry.
Westcare's - Turning Point program received $11,500 to cover administrative costs. The
Turning Point is an inebriate receiving center that provides a safe haven for both walk-in
clientele and those who are picked up by law enforcement and other agencies. The
program provides food, temporary shelter, and counseling. After an initial assessment,
clients are placed in longer term housing and assisted in finding a job and are provided
other services as necessary. The facility has a capacity to handle 98 clients and two (2)
staff The facility averages 56 beds and 10 clients on the floor.
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FY03-04 CAPER - PC
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environment of their choice. Since the elderly are no longer able to perform the more
strenuous chores for themselves and may lack the finances to hire help, homes become a
health and fire hazard. By providing these types of services the elderly may live
independently for a longer period of time.
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According to the 2000 Census, in the City of Clearwater approximately 31 % percent of
the population are age 55 and older and approximately 21% are 65 and older.
The strategy for housing and supportive services for non-homeless persons with special
needs (the elderly, frail elderly, severe mental illness, developmentally disabled, physically
disabled, alcohol/other drug addiction and/or person with mY/AIDs) include upgrading
existing and/or providing additional supportive housing and services.
In addition, the City will assist programs that provide services to marginally mentally
disabled residents with basic life skill programs to assist them in becoming self-sufficient.
The creation of self-sufficiency programs geared toward the specific challenges such as
attention deficit disorder, anger control and completion of education may accomplish this
objective. Other programs the City will address during the Consolidated Plan period
include the following:
· Programs to assist those entering the work force, such as corporate mentoring,
affordable childcare and transportation, and private sector mentoring programs
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· Programs to strengthen small businesses such as micro-lending programs, and
other small business support
· Programs for older teens, including after school programs, programs to assist in
encouraging them to stay in school, transitional living facilities for homeless youth,
street outreach programs, and maternity services
CDBG funds were provided in the amount of $40,800 to Pinellas Opportunity Council to
administer their "Chore Services" Program. Through this program various chore services
were provided to sixty-four (64) elderly, frail elderly, developmentally disabled and
physically disabled individuals to assist them in remaining in their home and not being
placed in a nursing home.
To further assist non-homeless individuals with special needs, the City provided funding to
Directions for Mental Health, Gulf Coast Community Care, Clearwater Fee Clinic and
Personal Enrichment through Mental Health Services. All of these agencies provide a vital
function to individuals with special needs.
Directions for Mental Health and Personal Enrichment through Mental Health Services
provide a facility for individuals to obtain mental health counseling. They also provide
needed medicines for related mental health illnesses. Gulf Coast Community Care
provides counseling and other related services for individuals with mv / AIDS. A total of
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FY03-04 CAPER - PC
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$6,000 was provided to Personal Enrichment through Mental Health Services for
operational support.
During this reporting period the City also provided funding in the amounts of $60,200 to
Directions to Mental Health, $18,851 to Young Woman's Christian Association (YWCA)
of Tampa Bay, $29,000 to A Spiritual Change, and $17,598 to Community Pride
Childcare to renovate their facilities.
As a result of these expenditures, a total of20,129 individuals with special needs received
assistance.
NON-HOUSING OBJECTIVES
The City also listed other Non-Housing objectives in its five-year strategy. They include
eliminating slum and blighting influences in the City's Neighborhood Revitalization
Strategy Areas and the Community Redevelopment Area, as well as other areas in the City
experiencing slum and blight, and eliminating conditions that are detrimental to health,
safety, and public welfare. In addition, other objectives include:
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· The reduction of the isolation of income groups within the community,
· The alleviation of physical and economic distress through the stimulation of private
investment, and
· The establishment, stabilization and expansion of small businesses.
To encourage some of the activities over the Consolidated Plan period the City will
support activities that will:
· Facilitate community and economic development within the North and South
Greenwood Area and the Community Redevelopment Area
· Assist not-for-profit agencies in achieving goals uncovered III the Citizen
Participation process
· Assist not-for-profit agencies in expanding their programs and/or relocating
services to better serve the community
In the City's recently expanded Community Redevelopment Area and has recently
completed an updated Downtown Redevelopment Plan. The Plan will provide the
foundation and guidance for the City to eliminate the slum and blighting conditions within
the area.
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The updated Downtown Redevelopment Plan reflects Clearwater's desire to reclaim its
traditional downtown and make it the center and heart of the City. There are several good
reasons that downtown revitalization is important to all Clearwater citizens. First, every
city should have a unique place that fosters community interaction and fun. Downtown
FY03-04 CAPER - PC
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should and can be that place for Clearwater residents and tourists alike. Second,
Downtown Clearwater is a reflection of how our forefathers lived, worked and shopped.
Clearwater's past can be seen in its historic buildings in and around Downtown and
historic Coachman Park. We cannot envision and plan for the future unless we are mindful
of our past learning from our successes and failures. Third, Clearwater is the Pinellas
County seat and should present a welcoming air to all of Pine lIas County residents as they
transact business with their government. Finally, Clearwater's Downtown is still a major
player in the City's economic life and has a grand opportunity to increase its economic
impact through redevelopment.
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As a Community Redevelopment Plan, this document sets the policies that guide future
actions and projects of the City's Community Redevelopment Agency (CRA) as it seeks
to redevelop the central business district of Clearwater and its newly expanded area.
The City prepared a "Findings and Declarations of Necessity Analysis" in the Fall 2002 for
201 acres generally located to the east of the CRA, including land governed by the
Southeast and Southwest Expansion Areas of the Clearwater Downtown Periphery Plan.
The study clearly demonstrated the need for revitalization outside of the existing CRA
boundaries and documented the following conditions:
. Poor lot layout relating to size, accessibility and use
. Site and environs deterioration/inadequate and outmoded building density patterns
. Defective or inadequate street configurations, transportation facilities and parking
facilities
. Excessive emergency calls
. Unsanitary and unsafe environment
. Excessive violations of the Florida Building Code
. Diversity of ownership
. Falling lease rates
. High residential and commercial vacancy rates; and
. Lack of appreciable increase in the past five years of the aggregate assessed values
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In September 2003, the City, for its "Findings and Declaration of Necessity Report" for
the Expanded Community Redevelopment Area, was a recipient of the Ron Kenzie Merit
Award for Planning Studies/Marketing Communications from the Florida Redevelopment
Association.
Once the new Memorial Causeway Bridge is completed in September 2005, upwards of
one half of all cars that currently travel along Cleveland Street going through Downtown
will now be diverted to Court and Chestnut Streets. The Wayfinding project is designed
to direct residents and visitors to Downtown, and to provide direction to public facilities
including public parking, public buildings, parks, etc. within the CRA. This will assist in
avoiding further the economic decline that the City is experiencing in the Downtown area.
With the bridge opening next year, the City views the Wayfinding signage project as
essential to providing directional "gateways" into the downtown core area. Along those
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NEIGHBORHOOD REVITALIZATION STRATEGY
The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of
the City's Five Year Consolidated Plan. The Strategy is established to promote a flexible
design in the City's allocation of funds provided by the U. S. Department of Housing and
Urban Development (HUn) - Community Development Block Grant Program (CDBG) to
promote innovative programs in economically disadvantaged areas of the City.
The NRS provides for enhanced regulatory flexibility in the program requirements for
providing CDBG funds for economic development, housing and public service activities.
In terms of economic development relief, the strategy allows job creation or retention
efforts relief by not requiring businesses to track the income of people hired or retained.
Economic development activities carried out in the approved neighborhood revitalization
are also exempt from the aggregate public benefit standards.
The relief for public service activities can be viewed in terms of the regulatory
requirements that no more than 15% of the total CDBG allocation can be used for public
services activities. Under this strategy, all public services offered within the subject
neighborhoods and carried out as part of qualified projects by a Community Based
Development Organization, (CBDO) are exempt from the public service cap of 15%.
Therefore, the City will be able to offer a more intensive level of service to stimulate
revitalization. It will also allow the City to address some of the urgent needs of the
disadvantaged community by offering job training and other related economic
development assistance.
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In the housing arena, the revitalization strategy will allow the City to track scattered site
housing units as a single strategy. This will permit the City to provide housing
opportunities to not only very-low to low income families, but to other families who earn
between 80-120% of Area Median Income (AMI). This will increase the level of
affordable housing units and thereby raise the income level of the neighborhood and in the
process create a mixed-income community.
There are several non-housing factors that cause a blighting influence on communities.
They range from vacant boarded structures, to crime, to lack of commercial/retail
activities. To help stimulate economic development opportunities within the North
Greenwood Neighborhood, the City took several measures to ensure that the
neighborhood would be stable. The City built a new 8,000 sq. ft. library and a state-of-
the-art aquatic/recreational center. In addition, the City provided in roadway
enhancements for the Martin Luther King Avenue from Seminole to Palm Bluff Avenue.
These were provided from non-federal resources.
The NRS includes two different neighborhoods - the North Greenwood Community and
South Greenwood Community. They both have their own goals and objectives. The
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FY03-04 CAPER - PC
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North Greenwood Neighborhood Revitalization Strategy Area has identified the following
strategies to improve their neighborhood. They include the:
· Elimination of the poor conditions of structures
· Remediation of low-level contaminated sites
· Reverse declining property values
· Expanding business opportunities
· Creation of new investment opportunities in the neighborhood
· Increase new job training and placement opportunities
· Reducing the unemployment rate
· Empowering neighborhood residents to eliminate crime
· Strengthen coordination of community organizations in the redevelopment effort.
The South Greenwood Neighborhood Revitalization Strategy Area has the same general
strategies of the North Greenwood Area. The South Greenwood area would like to see
the following:
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· Additional educational opportunities of businesses
· A new neighborhood training facility
. A new childcare facility
· Job training opportunities
· A community library
· New homes
· Better social services
· Better collaboration of existing organizations
· More crime awareness programs.
The City has taken several steps over the years to address the strategies In the
Neighborhood Revitalization Strategy. Steps included developing a flexible code
enforcement program, purchasing and demolishing dilapidated buildings, working with
local law enforcement to reduce crime, funding outreach programs and providing loans to
small businesses.
Listed below are some of projects that the City has completed over the past couple of
years in the North Greenwood Neighborhood Revitalization Strategy Area.
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North Greenwood Branch Librarv - January 18,2003, marked the grand opening of the
new branch library, located at the southeast comer of Palmetto St. and N. Martin Luther
King, Jf. Ave. The library includes an African American collection, computer training
area, a three-dimensional wall mural of Florida wildlife in the children's area, an interior
sculpture of an Afiican American boy reading, and a conference/meeting room for up to
100 people. Over $100,000 in private donations helped make this project a true
public/private partnership. The library serves the Tampa Bay region and beyond and can
be used at no cost by anyone.
FY03-04 CAPER - PC
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In this reporting period the City provided federal funding for several projects in the North
Greenwood Neighborhood Revitalization Strategy Area. They include the following:
t. Carmel CDC - Elderly Rental
learwater Community Based Development Org.
Spiritual Change
S - Make a Difference Center
omeless Emergency Project - Transitional Housing
orth Greenwood Fa e 1m rovement Pro am
$337,100.00
$16,000.00
$29,000.0
$10,000.00
$150,000.0
$85,000.00
$627,100.00
Funding for these programs assisted in meeting some of the strategies identified in the
Neighborhood Revitalization Strategy. The funds provided to Homeless Emergency
Project enabled the organization to tear down the deteriorated structures to build new
ones and reinvest in the community. The dollars provided to Homeless Emergency
Project for the transitional housing and thrift store will generate approximately $1.2
million dollars of additional investments. The North Greenwood F~ade improvement
program will provide enhancements to businesses located in the business directly on
Martin Luther King Street. The enhancements will expand business opportunities.
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South Greenwood
Woodlawn Oaks
The City continues to work with Largo Area Housing Development Corporation on the
development of a small niche subdivision called Woodlawn Oaks. The development will
have eleven (11) new homes. The development is currently completing the site plan and
platting requirements necessary for the project. The City has set-aside $100,000 in SIflP
funds to assist with the costs to put in the roads and other required infrastructure. This
project has been in the planning stages for years and during the past reporting period
began to move forward with the approval of the site plan and rezoning. It is anticipated
that the homes will be constructed starting sometime in early spring 2005.
South Greenwood Dty Task Force
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The City formed a South Greenwood Neighborhood Task Force during the last reporting
period. This task force is made up of various City departments that are active in South
Greenwood. Among some of the departments include - Economic Development and
Housing, Development and Neighborhood Services, Parks and Recreation, Public Works,
Engineering, Information Technology, Police, and Fire. One of the goals of the task force
was to development a three (3) strategy matrix listing all of the programs and projects,
either existing and/or proposed for the South Greenwood Area. The task force meets on a
quarterly basis to provide updates and to dialogue on events happening in the area.
FY03-04 CAPER -pc
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Through the collaborative efforts of the task force,. it allows various departments to
interact and plan their programs and projects very efficiently and effectively.
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The City's Development Services performed a code sweep in the spring of 2004 and
identified over 1,200 violations on 983 parcels. They also listed some dilapidated
properties whose addresses were referred to the Housing Division. The Housing division
follow-up with those properties that were owner-occupied to see if they were interested in
renovating their homes to bring them back up to code.
The City also is continuing our efforts to rehabilitate homes and develop infill housing in
the South Greenwood Area.
For this reporting period the City, along with our Housing Partners, did three (3) infill
homes, four (4) down payment assistance loans, two (2) rehabilitations and one business
loan in the South Greenwood Area.
In the North Greenwood area we did one infill home, one down payment assistance loan,
three (3) rehabilitations and three (3) business loans.
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AFFIRMA TIVEL Y FURTHERING FAIR HOUSING
Until October 1999, the City of Clearwater had designated the Human Relations
Department as the lead agency in affinnatively furthering Fair Housing and enforcing the
local Fair Housing ordinance. They investigated and enforced the Fair Housing laws and
provided the administrative procedures that the City follows to enforce the Fair Housing
laws, as well as to respond to any Fair Housing complaints received by the City.
The City of Clearwater no longer directly enforces Fair Housing laws. The responsibility
was assigned to Pinellas County Human Relations Department since their office
investigates and makes recommendations on all Fair Housing issues for other areas of
Pinellas County with the exception of the City of S1. Petersburg.
The City of Clearwater plays an active role in affirmatively furthering Fair Housing. The
City adheres to the Human Rights Ordinance that Pinellas County adopted in 1984.
Pinellas County maintains an interlocal agreement with the City of S1. Petersburg for the
enforcement of the ordinance. The City of S1. Petersburg handles enforcement south of
Ulmerton Road and the County undertakes enforcement north ofUlmerton Road.
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In 2002 the City of Clearwater along with the, Cities of St. Petersburg, Clearwater, and
Largo, Pinellas County, Pinellas County Housing Authority, and the UNO Federation
formed a Fair Housing Partnership to coordinate efforts countywide to support and
expand the availability of housing to all, regardless of familial status, national origin, race,
accessibility, and disability. The Partnership's tools for furthering this effort are
educational programs, training, testing, assessments, and enforcement through the
appropriate channels. The Partnership meets periodically to review programs and to set
and review goals.
The City remains active in the provision of affordable housing, accessible housing, and
promotion of home ownership. The City of Clearwater provides information concerning
home ownership, home financing, and home repairs in printed matter and is working with
our Public Communications Department on providing information on a variety of other
mediums. Over the past year the City has put a substantial amount of educational
information on the Housing Division's webpage pertaining to Fair Housing, Elderly
Housing, Lead-Based Paint, Predatory & Fair Lending, and Financial Education (SEE
Appendix). The City will continue to expand the availability of information about housing
programs and Fair Housing laws. The City has also requested to meet with the Fair
Housing and Equal Opportunity representative from HUn Tampa when the time is
convenient for them to obtain technical assistance to improve our Fair Housing and Equal
Opportunity activities.
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FY03-04 CAPER - PC
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Sale or Rental of Housin2
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Fair Housing complaints with the City's Equity Services Department and the Pinellas
County Office Human RightsIHuman Relations indicate that discrimination in the sale or
rental of housing and provision of housing brokerage services does occur.
Financial Assistance for >>WeDine:s
Minorities have been shown to receive more rejections in the provision of financing for
housing than the population as a whole.
Public Policies
The high percentage of build-out in the City affects the availability of parcels of land
suitable for multi-family and affordable single-family housing. The Land Development
Code and design requirements, design review and concurrency requirements, and building
code requirements affect the approval of sites and costs associated with the construction
of affordable housing and publicly assisted housing.
Administrative Policies
Administrative policies generally support Fair Housing. These include:
. Marketing housing programs in targeted areas
. Providing City-wide home buyers' assistance and education
. Educational material on the Housing Division's webpage
. Carefully reviewing where affordable housing developments will be located, and
. Avoiding a concentration of very-low to moderate income households in multi-
family developments
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Actions Taken to Overcome the Effects of Imoediments Identified Throue:h the
Analvsis
The City in conjunction with the Pinellas County Fair Housing Partnership (pinellas
County, St. Petersburg, Clearwater, Largo, Pinellas County Housing Authority, and the
UNO Federation) initiated a Fair Housing Study beginning early in 2002 to determine if
persons seeking rental housing were given differential treatment based on familial status,
national origin, race, accessibility, and disability; and to determine if further educational
and outreach programs were needed. Two consulting firms conducted the testing process
and prepared the report giving the results. Two hundred tests were conducted; not all
sites were tested on every basis.
The report was completed in the Fall of 2002. Differential treatment was shown in 59%
of the cases tested. Broken down by area, the percentage of cases showing differential
treatment was: S1. Petersburg, 52%; Clearwater 55%; Largo 67%; Pinellas County
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FY03-04 CAPER - PC
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(balance of county including small cities) 61 %. This information was presented to each of
the Partners' boards or commissions, and all tested rental complexes were sent a copy of
the study. Results were reported in local newspapers and on television.
As a result of the study it was recommended that the following steps be taken to improve
the current situation:
1. In cases where there is overwhelming evidence of differential treatment, a
complaint against the housing provider should be filed with HUD and/or any
similar local governing agency.
2. There should be aggressive education and outreach efforts to both the housing
providers and the general public.
3. The Pinellas Partnership has the opportunity to retest properties that demonstrated
"some type of differential treatment" for possible future enforcement effort.
4. All local government permitting agencies should implement an accessibility review
process before permitting newly constructed multi-family dwellings.
5. Mandate Fair Housing training for any developer or builder receiving city or
county funding.
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The Partnership conducted a series of forums, seminars, and other outreach efforts to
educate housing providers and the general public on Fair Housing issues, rights, and
regulations, and is receiving very good cooperation from the housing community. Testing
will be done in the future on a smaller scale to determine if enforcement efforts are
needed.
The City funds programs that offer free classes for persons desiring to become
homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative
Marketing Agreement (V AMA) and works to educate its members about Fair Housing.
Training and marketing materials have been videotaped and translated into American Sign
Language and Spanish. The City promotes home ownership and education at various
homebuyer fairs and expositions. The City also provides funding to Community Service
Foundation to provide Fair Housing Education.
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In addition to the Human Relations Department, the City is working with Pinellas County
Realtors through the Voluntary Affirmative Marketing Agreement (V AMA) Program to
further Fair Housing opportunities in real estate transactions. To further these efforts of
the V AMA, the Pinellas County Board of Realtors enlisted the services of the Community
Housing Resource Board to focus on the federal, state and local enforcement agencies,
housing industry groups and volunteer community groups working together to promote
Fair Housing practices.
FY03-04CAPER-PC
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These efforts include the following:
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. Providing public information on Fair Housing.
· Assessing community Fair Housing needs and identifying local problems and issues
that impede equal housing opportunity.
· Evaluating performance and effectiveness of the V AMA.
· Expanding minority involvement in the real estate industry.
· Expanding public awareness of housing opportunities in the community.
· Developing cooperative solutions to problems associated with the implementation of
the V AMA.
Other actions during the FY2003-04 included the following:
. Continued to support the operations of the Pinellas County Human Relations
Department, Pinellas County Board of Realtors, and the Community Housing
Resource Board.
. Continued to work with the local committee of American with Disabilities to view
housing related issues for homeowners, renters, or homebuyers with disabilities.
. Provided $65,378 in funds through the SHIP Program to the Community Service
Foundation, Tampa Bay Community Development Corporation and Consumer Credit
Counseling Services to implement homebuyers training programs, fair housing
education and assistance, and foreclosure prevention and counseling services.
· Provided funding in the amount of $12,000 to Community Service Foundation to e
implement a Fair Housing program that offers Fair Housing counseling services, initial
needs assessment, rental eviction intervention, and marketing of Fair Housing
programs.
. The City has developed Section 3 - Affirmative Action Plan forms that all contractors
will be required to sign prior to starting any projects using federal funds on public
facility type projects. These forms are in located in the Appendix.
. Placed Fair Housing posters in English and Spanish on walls of the Housing Division
offices
The Pinellas County anti-discrimination efforts focus on public information and
enforcement of Fair Housing regulations and the County's Human Rights ordinance. The
County publishes a Housing Resource Directory that includes an overview of Fair
Housing law, information about reasonable accommodation and accessibility, and a list of
state and local enforcement agencies. The County produces a brochure entitled, Fair
Housing in Pinel/as County, and distributes approximately 5,000 copies annually. Below
market rate mortgages, down payment and closing cost assistance are readily available
through the County's Housing Finance Authority and through other agencies. The County
is also active in providing and promoting affordable housing, providing low cost funds for
home purchase or repair, and modification to homes to make them accessible to persons
with disabilities.
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FY03-04 CAPER - PC
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The City directs significant resources to expanding the supply of affordable rental housing
and partners with a variety offor-profit and non-profit developers and in addition with the
Housing Finance Authority of Pinellas County. The City also assists developers with a
variety of incentives aimed at reducing development costs, impact fees, and regulatory
impediments.
The City encourages mixed-income, multi-fa,mily developments to develop affordable
housing in areas that are not predominantly low/moderate areas as part of a continuing
effort to deconcentrate poverty. Funding is denied to developers who do not provide
mixed-income housing where the effect could be to racially or economically segregate
low-income households.
A chart of Direct Benefit data can be found in the Appendix for both Rehabilitation and
Down Payment Assistance Loans.
AFFORDABLE HOUSING
The Housing Element of the City's Comprehensive Plan, last updated in July 2001, states
as one of its objectives for housing that "the City shall continue to provide assistance and
incentives for the development of housing that is affordable to very low, low, and
moderate income households, including those with special needs, consistent with the level
of growth in these income categories". The following policies have been prepared to
effect this change:
Policies:
13.2.1 Continue to utilize Community Development Block Grant Program funds for the
construction and/or rehabilitation of housing units that will be affordable to very
low and low-income households consistent with federal income guidelines.
13.2.2 Continue to use federal programs to provide rental subsidy assistance to low and
some moderate-income households.
13.2.3 Continue to review new construction techniques, materials, building codes, and
housing codes in order to determine where housing costs can be reduced without
sacrificing the quality of housing for very low and low-income households.
13.2.4 The City shall continue to utilize the Challenge 2000 Program to assist very low,
low, and moderate-income households in obtaining mortgage financing.
13.2.5 The City shall continue to support the addition of rental housing as needed to meet
the needs of very-low, low, and moderate-income households.
A copy of the City's Housing Element is located in the Appendix.
FY03-04 CAPER-PC
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CONTINUUM OF CARE NARRATIVE
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The City continues to work closely with the Pinellas County Coalition for the Homeless
and various other homeless services providers in addressing the needs of the City's
Homeless.
The City of Clearwater listed Continuum of Care issues as a high priority in the
Consolidated Plan. During this reporting period, the City provided $42,875 in CDBG
funds to Clearwater Homeless Intervention Project (CHIP) as operating capital for their
Emergency Shelter Facility as part of it's Continuum of Care. The City's Police
Department provided additional dollars for program operations. The facility provided
shelter, food, counseling, and case management services to 1,400 individuals during this
reporting period. The City also allocated a $45,000 in CDBG assist with their operations
and transitional housing efforts.
A total of $11,500 was provided to the Westcare of Florida (f/k/a The Mustard Seed) -
Turning Point for inebriated homeless individuals. During this reporting period, the
agency assisted 203 homeless individuals from Clearwater.
The Homeless Emergency Project received prior year funding in the amount $150,000 to
build an eight unit SRO apartment build for homeless individuals. Another $200,000 was a
provided to the agency in a prior funding year to build a new thrift store that will provide .
job training and employment opportunities for homeless individuals and families. In
addition to short and long-term housing for the homeless, the HEP provides a variety of
other services including such things as job placement, medical, dental and psychological
counseling.
A total of $74,476 was provided to Religious Community Services - Food Pantry to
renovate their facility that provides food for deserving low income and homeless
individuals and families. The agency provided services to 15,244 families during this
reporting period.
This reporting period also shows that $60,200 in CDBG funds was provided to Directions
for Mental Health to renovate their office complex. Directions for Mental Health -
provides a wide range of high quality behavior health services for all ages, from the
prevention of problems by building upon strengths, to the effective treatment of mental
illness. Directions for Mental Health assisted over 19,645 people during this reporting
period.
In a prior reporting period, $50,000 in CDBG funds were allocated to Family Resources
to assist with the acquisition and pre-development costs associated with a new runaway
shelter they were planning on building. The funds were expended during this reporting
period for pre-development costs associated with the planned shelter. In our current e
FY2004-2005 Action Plan, the City has allocated $100,000 to Family Resources to assist
FY03-04 CAPER - PC
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with the development of the shelter. Pinellas County and the City of Largo have also
allocated funding to this project.
Future Home of:
FAMILY RESOURCES
SafePlace2B & Family Counseling Center
CLEARWATER
rcfJo
i<\o))
FAMILY
RESOURCES
1t1tm-;;::;;C:;::,.."
--
_--L ~l
m~- I
... ............,
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I --.....-
Family Resources Runaway Shelter
CDBG funds were provided in the amount of $40,800 to Pinellas Opportunity Council to
administer their "Chore Services" Program. Through this program various chore services
were provided to 64 elderly, frail elderly, developmentally disabled and physically disabled
individuals to assist them in remaining in their home and not being placed in a nursing
home.
OTHER ACTIONS
Fosterin2 and Maintainin2 AtTordable Housin2
The City of Clearwater has been very proactive in fostering and maintaining affordable
housing. Although the City cannot control the cost of labor, goods or land costs, we have
done other things in the past to keep the units affordable and we continue to look for new
and creative ways to address the issue of affordability. Some of the things that the City
has done in the past and/or are currently doing include such things as:
. Designing homes that are practical and efficient
. Subsidizing for impact fees
. Providing financing at below market rates, zero percent and/or deferred payment loans
to clients
. Funding subrecipients to acquire vacant properties and build affordable houses
· Working with subrecipients to acquire homes foreclosed by HUn and reselling them
as affordable housing units
· Paying for infrastructure improvements with general revenue funds
. Changing the City's development code to reduce street size and other development
FY03-04 CAPER - PC
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Issues ~
. Working with the local housing authority to buy property and resell for affordable
housing
· Working with developers to put together applications for funding through the low-
income housing tax credit program, State of Florida Housing Bond program and other
resources to build or rehabilitate rental units for affordable housing.
Barriers to Affordable Hoosini!
In the early years (1992 - 1995) of the City's State Housing Initiatives Partnership (SIDP)
Program, the Clearwater's Affordable Housing Advisory Committee reviewed the
following areas to identify potential barriers to affordable housing.
. Affordable Housing definitions
. Permit Processing
. Impact Fee requirements
. Infrastructure Capacity
. Residential Zoning Density
. Transfer of Development Rights
. On-Site Parking and Setback requirements
. Zero-Lot Line Development
. Sidewalk and Street Requirements
. Regulatory Review Processes
. Inventory of Lands Suitable for Affordable Housing Development
~
The City of Clearwater began receiving State of Florida - State Housing Initiatives
Partnership (SIDP) Program funding in 1992 when the Florida Legislature adopted the
Sadowski Act. The SIDP Program is a dedicated source of affordable housing funds that
are provided annually to the cities and counties within the state. In State Fiscal Year
2003-2004 the City received $872,409 in SIDP funding and another $852,824 in program
income and recaptured funds, for a total of$I.72 million. In State FY2004-2005 the City
is estimated to receive approximately $820,105 in funding from the State through the
SIDP Program.
One of the driving forces behind the passage of the Sadowski Act was the Florida
Homebuilders and Contractors Associations. As a result of their lobbying effort, SIDP
jurisdictions each year must expend seventy-five percent (75%) of their funds (entitlement
and recaptured funds) on activities that involve construction and/or rehabilitation of
homes, and in addition, sixty-five percent (65%) of the funds (entitlement and recaptured
funds) must result in homeownership.
A major requirement of the SIDP Program and as a condition of receiving continued
funding, was that each jurisdiction had to adopt affordable housing incentives that would ..
assist in the implementation of their affordable housing activities. Each SlllP entitlement ,.,
community was required to adopt an Affordable Housing Incentive Plan (AmP), which
FY03-04 CAPER - PC
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contained, at a minimum two statutory required incentives: 1. Assurance that permits as
defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are
expedited to a greater degree than other projects; 2. An ongoing process for review of
local policies, ordinances, regulations, and plan provisions that increase the cost of
housing prior to their adoption (420.9071 (J 6) F.S.).
Several years ago the State required local jurisdictions to combine their AHIP into their
SHIP Local Housing Assistance Plan (LHAP). Jurisdictions adopt their LHAPs for a one
to three year period. The City of Clearwater performed this task with the development
and adoption of our Fiscal Year 2000-2003 LHAP. The City is currently perfonning
activities from the FY2000-2003 LHAP and FY2003-2006 LHAP.
As we continue to address the affordable housing needs of our residents, we must also
make certain that we continue to meet the statutory requirements of the SHlP Program.
In future years, as part of the monitoring process conducted by the State of Florida, the
monitors will be evaluating how local jurisdictions are implementing their affordable
housing incentives in order to assure that they are meeting their statutory obligations.
These evaluations will review the process and policies that all affordable housing projects
go through from start to finish. This process is not totally exclusive to affordable housing
projects using SHlP dollars, but any affordable housing project taking place in the City,
regardless of the funding source(s).
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Below is a section from the City's recently adopted "Expedited Processing and Ongoing
Review" Policy.
EXDedited ProcessioS!
Building Department
All affordable housing projects as defined in Chapter 163.3164(7) and (8) F.S., that are
located within the City limits, will be required to submit a letter with their application for
building pennit requesting that their application receive ''Expedited Processing". A copy
of this letter must be sent to the City's Building Official and to the Assistant Director of
Housing. These projects are to be expedited to a greater degree than other (non-
affordable) projects.
Once an applicant receives approval of their affordable housing project the Assistant
Director of Housing shall be notified (via email) so that he can document the timing of the
application process.
Planning Department
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The Planning Department will follow the City of Clearwater - Community Development
Code when processing all affordable housing applications for activities that require such
things as rezoning, land-use amendments, variances, development orders, etc. Under the
FY03-04 CAPER - PC
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Code all projects are reviewed and may be scheduled for the next meeting of the e
Development Review Committee (ORC - staff level review) and if needed, the
Community Development Board (CDB). Many applications can be decided at the staff
level and may not need to go the DRC and/or CDB. When affordable housing projects
and/or applications are submitted that can be decided at the Staff level, they shall receive
priority and be reviewed before any non-affordable housing projects and/or applications.
Applicants must indicated that their project will be an "Affordable" housing development
and/or project.
One:oine: Process for Review
The Planning Department, and other affect City Departments, as part of their review of all
proposed local policies, ordinances, regulations, plan provisions and code revisions, will
forward comments to the Economic Development and Housing Department to prepare an
economic impact analysis to determine, if any, the increase to the cost of housing prior to
adoption. This analysis does not have to be anything sophisticated, but just show the
anticipated increase in cost to an average home, or state that there will be "no impact" to
the cost of housing. A copy of the economic analyses shall be provided to the Assistant
Director of the Economic Development and Housing Department - Housing Division.
The City of Clearwater holds public hearings and meetings to obtain citizen views and
responds to citizen proposals and questions about proposed activities and program .-
performance. Citizens and other partners emphasize the need for a broad range of opinion .
in the establishment of goals, objectives, projects and priorities and in the application,
monitoring and evaluation offunded programs.
Due to the relatively low numbers of new construction at the "affordable" level, and the
fact that each development needs different types of incentives, projects are handled on a
case-by-case basis.
Typically, the City's Economic Development and/or Housing Division meets with a
prospective affordable housing developer(s) to determine the level of assistance and needs
of the project. Staff then assists the developer through the Building, Planning and
Engineering Departments for plan review and the other various applications needed for
approval. This allows the Housing and/or Economic Development Division to
troubleshoot and provide explanations immediately. Because project needs are established
up front, assistance can be provided seamlessly.
Florida Statutes 163.3164(7) & (8): Community Development Code Section 8-102
(7) "Development order" means any order granting, denying, or granting with
conditions an application for a development permit.
(8) "Development permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official action
of local government having the effect of permitting the development of land
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e Florida Statutes - Chapter 420.9071(16)
(16) "Local housing incentive strategies" means local regulatory reform or incentive
programs to encourage or facilitate affordable housing production, which include at a
minimum, assurance that permits as defined in s. 163.3164(7) and (8) for affordable
housing projects are expedited to a greater degree than other projects; an ongoing process
for review of local policies, ordinances, regulations, and plan provisions that increase the
cost of housing prior to their adoption; and a schedule for implementing the incentive
strategies. Local housing incentive strategies may also include other regulatory reforms,
such as those enumerated in 8.420.9076 and adopted by the local governing body.
Comorehensive Plan Analvsis
The City will use the Housing Element of the Comprehensive Plan to monitor and measure
the program's effectiveness in reaching the goals and objectives of the program. Fostering
and maintaining affordable housing is one of the City's primary goals. We will continue to
review construction standards to reduce costs without sacrificing the quality of housing
units.
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The Economic Development and Housing Department also expects to meet with the
Planning Department during 2005 to review and update the Housing Element where
applicable as part of the required Evaluation and Appraisal Report (EAR) process.
Lead Based Paint
Lead based paint continues to be a serious problem throughout cities across America. It is
usually prevalent in homes built prior to 1978. Clearwater's housing stock is relatively
new with the average home being built after 1970. However, the City still maintains that
lead based paint is a serious issue and conducts housing inspections to determine if there
are defective paint surfaces. Iflead conditions are present, the lead paint is either removed
or covered in a manner described by HUD. No lead based paint conditions were found
during this reporting period.
The City will continue its effort to rid structures of lead based paint and will inspect any
homes built prior to 1978 for any presence of lead-based paid. We will continue to test
and remove all lead based paint surfaces in structure rehabilitation under our programs
that are using federal funds. Clearwater will use the services of the Pinellas County
Environmental Department to test all structures with defective paint surfaces and the local
Health Department to test children for elevated blood levels. The North Greenwood
Community Health Center continues to participate with the City by providing a meeting
area for neighborhood based education programs, disseminating information on the
hazards of Lead Based Paint, and provide blood screening.
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The City continues to put information about Lead-Based Paint and Safety on to the
Housing Division website (SEE Appendix).
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Program activities will include the following:
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· Collaboration between public-private agencies involving housing, health, and
community-based organizations to facilitate a Healthy Home Team to go door to
door in the targeted Brownfields area to identifY children and homes at risk.
. Assurances that children identified at risk receive blood lead testing and the child
with elevated lead levels receives follow-up care
. Promotion of a public awareness campaign through education to physicians and
the community and disbursement of educational materials
. Routine placement of educational materials on the Housing Division's webpage
. Assessment of homes at risk to identify lead hazard control services to eliminate
hazards identified in homes
. Initiation of supportive lead hazard control services to eliminate hazards identified
in homes
· Evaluation of prevention activities to measure the impact and outcome of program
services and intervention efforts in the community
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Poverty Level Assessment
Reducing the number of residents who live below the poverty level is very important to
the City of Clearwater. The City realized that the most effective way to reduce the
number of persons below the poverty level was to increase their income through providing
employment opportunities.
The City will provide funding to support service organizations that reduce impediments
for families allowing them to rise above the poverty level. CleatWater provides economic
development opportunities to non-profit and for profit businesses that agree to hire lower
income individuals. Through the coordination among programs including the
Environmental Protection Agency and State Brownsfield Redevelopment initiatives, the
federal Weed and Seed Program, Juvenile Welfare Board, CleatWater Stars, United Way,
the Eckerd Foundation, and the University of South Florida, Clearwater will continue
expand our efforts this year to reduce impediments.
Institutional Structure
To overcome gaps in institutional structures and enhance coordination, the City
implemented several practices that have heen very successful. First, local lenders were
provided with information relative to the City's housing programs and offer a coordinated
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FY03-04 CAPER - PC
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effort for the lending institution to prosper. This relationship has continued to work very
well together we to provide home ownership and homebuyer opportunities for very-low to
moderate-income families. The City and its subrecipients pre-qualify clients to the lender's
and City's specification and provide financing in the form of down payment assistance.
Other actions undertaken by the City included developing institutional structures and
enhanced coordination between public and private housing and social service agencies.
During this reporting period the City provided $30,000 to Partners In Self-Sufficiency to
administer their self-sufficiency program that provides housing and educational
opportunities to single parent low-income households. Under the program the Clearwater
Housing Authority provides Section 8 certificates or vouchers to program participants
while they are pursuing education and job training. At the end of the program,
participants should have saved enough money for a down payment on a home. The City's
Housing Division, and other approved housing providers, would further assist them with
obtaining housing opportunities.
Public Rousin!! and Residential Initiatives
The City understands the benefits of improving public housing and residents' initiatives.
To improve the lives offamilies residing in public housing the City targeted the children to
break the cycle. The City will continue to work and strengthen our relationship with the
Clearwater Housing Authority to foster innovative public housing developments, potential
e joint ventures and residential initiatives.
During this reporting period the City provided a loan commitment of$500,000 in HOME
funds to Clearwater Housing Authority (CHA) for their proposed redevelopment of
Jasmine Courts located in East Clearwater. The HOME funds will be allocated to the
affordable, non-public housing units. The Housing Authority recently submitted a
Housing Credit application to the Florida Housing Finance Corporation (FHFC) in an
effort to secure 9% housing credits to be used as a financing source for the
redevelopment. CHA's plans are to demolish the existing properties and construct 203
new multifamily units on the site in a mixed-income configuration. The second phase of
the redevelopment project calls for up to sixty-six (66) single family and twenty-seven (27)
townhomes to be constructed on the site.
The City was recently notified by CHA that they were successful in securing housing
credits from FHFC. At the October board meeting, the FHFC awarded CHA their request
allocation of housing credits. This project is expected to begin sometime in the first half
of2005.
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To help with resident initiatives, as mentioned previously, the City provided $30,000 for
operations to the Partners in Self Sufficiency Program. This program provides residents
on public assistance (Section 8) with housing, counseling and case management services
that encourage participants to become self-sufficient and purchase their own home. The
agency assisted 195 families during this reporting period.
FY03-04 CAPER-PC
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The City also provided funding for other support organizations to administer services to
children in public housing. The City provided $8,890 to the Jasmine Court - Girls Inc., for
operational support to a program that provides self-esteem and self-awareness programs
to girls who live in the housing complex.
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Leverae:ine: Resources
The City's efforts to provide affordable housing and other services to very-low to
moderate-income families have resulted in leveraging a great amount of additional
resources.
Through the efforts in the City's SlDP Program, in the 2004 SlDP Annual Report - $4.7
million in private sector financing was leveraged and a total of $11.2 million and was
leveraged to $2.3 million expended in SHIP funds.
Through the Infill Housing and Down Payment Assistance Programs the City continues to
work closely with the lending and housing non-profits in the community to leverage
private investment in home ownership. (please see Homebuyers Section for
accomplishments.) In addition, Clearwater works with Community Service Foundation,
Partners in Self Sufficiency, Tampa Bay Community Development Corporation, Consumer
Credit Counseling Services, and Clearwater Neighborhood Housing Service, Inc. to
provide homeownership counseling to support our housing programs. e
Citizen Comments
If any Citizen Comments are received they will be located in Appendix.
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FY03-04 CAPER - PC
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SELF EVALUATION
Our assessment of the previous year's activity shows that the City has made strides in
addressing many of the high priority projects. The areas listed as high priority include:
. Economic Development
. Funding and Implementation of Senior Centers
. Youth Centers
. Day Care Centers
. Health Facilities
. Parking Facilities
. Employment Training
. Fair Housing Counseling
. Tenant-Landlord Counseling
. Commercialllndustrial Infrastructure
. Micro-Business Lending, and
. Code Enforcement
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The City remains committed to the projects listed above and did amend our FY02-03
Action Plan to include some additional homeless and public facility type projects. It
obtained the resources listed above and solicited grants to obtain additional funding. The
programs listed above were consistent with the five year Consolidated Plan and the
Housing Element of the City's Comprehensive Plan.
Through the Public Service awards, the City funded ten (10) organizations in operational
support. This funding provided to the organizations listed below a total of $177,000. The
individual awards to the public service organizations are as follows:
Clearwater Homeless Intervention Project. Inc. - received $45,000 in operational support
to operate an overnight homeless shelter for individuals. The shelter provided overnight
housing and case management services to 1400 homeless individuals during this reporting
period.
Partners in Self Sufficiency - received $30,000 to administer a family self sufficiency
program for single family households on public assistance to turn their lives around and
become self sufficient. During this reporting period, 195 clients were served.
Pinellas Opportunity Council - was awarded the second highest allocation in the public
sector arena $40,800 to provide chore services to the elderly and physically impaired
households. During this reporting period, 64 elderly/physically-impaired households were
assisted.
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Westcare of Florida (f7k/a Mustard Seed) - Turning Point - was awarded $11,500 to
operate an inebriate center for homeless individuals who were intoxicated or abused drugs.
FY03-04 CAPER - PC
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The center assisted 203 individuals during this reporting period.
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Personal Enrichment through Mental Health Services - was awarded $6,000 for salary and
support to operate a Family Emergency Treatment Center. During this reporting period,
161 clients were served.
Gulf Coast Legal Services - was awarded $4,800 for salary and support to provide legal
services to low to moderate income households to prevent foreclosure as a result of
deceptive practices by a business or a lender. During this reporting period, 7 clients were
served.
Gulf Coast Jewish Family Services - was awarded $4,010 for their Community Care for
Disabled Adults and Homemaker program to allow the agency to assist 387 disabled
individuals and frail elderly to remain independent in their homes.
Clearwater Community Based Development Corporation - was awarded $16,000 for
salary and operational support to administer computer-based technology programs.
Girls Inc. of Pinellas - was awarded $8,890 for salary and operational support to
administer a girls club in the Jasmine Court Public Housing Complex.
Clearwater Neighborhood Housing Services - was awarded $10,000 for salary and
operational support to administer the "Make-a-Difference" Center associated with e
Greenwood Apartments. The center is an after school educational type program for
children residing at Greenwood Apartments. A total of 2,436 children were assisted
through the program during this reporting period.
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FY03-04 CAPER - PC
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e In FY2003-2004 the City's Action Plan federal funds budget was as follows:
CDBG
ntitlement $ 1,180,000.00
ogram Income $ 379,500.00
OME
ntitlement $ 592,678.00
$ 500,000.00
S 2,652,178.00
With the above funds the following activities were funded:
Demolition $ 20,000.00
Relocation $ 20,000.00
CHDO Set Aside $ 182,365.00
CDBG Program Administration $ 311,900.00
HOME Program Administration $ 109,268.00
CDBG Economic Development $ 560,000.00
Home Ownership/Rehabilitation $ 1,001,511.00
e Rental Housing Development $ 682,097.00
Public Facilities $ 271,753.00
Public Services $ 307,532.00
Total S 3,466,426.00
Funding for home ownership activities included using CDBG, HOME Program and SHIP
funds for owner-occupied rehabilitation, down payment assistance, new housing
development, real property acquisition and disposition, and housing
counseling/educational programs.
Through the Economic Development Loan Program, administered by Clearwater
Neighborhood Housing Services, a total of $150,000 was allocated to provide economic
development loans for job creation, training and placement services to for non-profit and
for profit businesses.
The impact on the community for building new homes in the neighborhood revitalization
strategy has been positive. As a result, there continues to be an increase of community
spirit and reinvestment and families with higher incomes continue to move back into the
neighborhoods.
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Because 100% of the funds expended benefit very-low to moderate-income, families the
FY03-04 CAPER - PC
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national objectives were met. The expenditure of these funds did not result in the e
permanent displacement of families and/or businesses. Temporary relocation expenses
were provided to families who were required to be relocated during this renovations to
their homes.
CDBG NARRATIVE
Relationshio of the use of CDUG funds to the oriorities needs 20als and soecific
objectives.
The City utilized a strategy of diversification when selecting CDBG eligible activities.
Funds in the amount of $311,900 were allocated for administration, $125,000 in program
delivery for rehabilitation, infill and economic development activities, $150,000 for
economic development loans, $302,600 for housing activities (rehabilitation, down
payment assistance, acquisition, disposition, etc.), $493,000 for public facilities and
improvements and $177,000 for public services.
Details of how these funds addressed the individual objectives are listed in the Self-
Evaluation section of this report.
Nature and reasons for anv chan2es in Dr02ram objectives
There were no changes or amendment to program objectives.
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Assessment of 2rantee efforts in carnin2 out the Dlanned actions
. All resources (CDBG, HOME and SHlP) listed in the Consolidated Plan were
obtained with the exception of the Homeless Emergency Project's Thrift Shop and
Transitional Housing Project and Clearwater Homeless Intervention Project's
Parkbrooke Apartments.
. The City supported the Homeless Emergency Project in an application for federal
funds.
. In addition to CDBG, HOME and SHlP funds, the City was successful in obtaining
private sector leveraging for new housing construction and financing home purchases.
Actions of funds used outside the national objectives
All CDBG funds were used for activities that meet the national objectives.
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FY03-04 CAPER - PC
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e ACQuisition. rehabilitation and demolition narrative
Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in
the displacement of business, individuals or families as a result of projects funded with
CDBG or HOME dollars. All properties that were acquired with CDBG funds were
voluntary and mostly vacant parcels.
The City's subrecipients purchased all properties acquired during this reporting period.
They include Clearwater Neighborhood Housing Service, Inc., Tampa Bay Community
Development Corporation, Community Service Foundation, and Habitat for Humanity.
When subrecipients become interested in a property they want to acquire, the following
steps are required:
. The subrecipient informs the property owner that they are interested in the
property.
. The subrecipient sends out HUD Guide Notice - Disclosures to Sellers with
Voluntary, Arm's Length Purchase Offer.
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. The subrecipient informs the owner that they do not have the power of eminent
domain and that the purchase would be a strictly voluntary transaction.
. If the owner is interested in selling the property, then an appraisal is obtained.
. The subrecipient then determines just compensation for the property.
. The subrecipient then offers just compensation to the owner.
. Should the owner agree to the offer, the subrecipient may purchase the property.
. If the offer is not acceptable to the owner, then both parties walk away from the
deal.
Temporary relocation benefits were provided to eligible homeowners while their homes
were being rehabilitated. Temporary benefits include moving, storage, temporary rents,
and utilities.
A total of $14,268 was expended to demolish three vacant dilapidated building. The
demolition of this building resulted in the construction of a home for a low to moderate-
income family. The home was built without federal assistance.
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FY03-04 CAPER - PC
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Economic Develooment Narrative
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For Fiscal Year 2003-2004 the City provided $150,000 for economic development
activities. The funds were provided to Clearwater Neighborhood Housing Services
(CNHS) for loan funds to non-profit and for profit businesses to hire low to moderate
income individuals and/or provide an area benefit to a low to moderate- income
community
In this reporting period the agency provided seven (7) business loans for $130,000. Seven
(7) jobs have been made available to low to moderate-income individuals as a result of this
activity.
The city provided $85,000 to improve the business facades in the North Greenwood
Commercial District in previous reporting period. No funds were expended due to the
road construction project on Martin Luther King Avenue. The City rolled out this
program in the second quarter ofFY2003-04. To date we have received on application
and numerous inquiries. The assistance for the Fa~ade Program will be in the form of a
matching grant or a low-interest loan.
The City awarded a contract for the fabrication and installation of the Wayfinding signage
project in the Community Redevelopment Area. The total amount of CDBG funds
allocation to this project total $535,000, with $285,000 of that total being reprogrammed a
during FY02-03 and $250,000 during this reporting period. The Wayfinding Project is .
scheduled to be completed by the end of2004.
Limited Clientele Narrative
The City and its subrecipients maintain files that document all clients who qualifY for the
limited clientele designation.
Pro2ram Income Narrative
Please see HUD Financial Summary Report - Program Income Section
Rehabilitation Pro2ram Narrative
Please see Self Evaluation Section of Report
Please see HUD Rehabilitation Report.
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FY03-04 CAPER-PC
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HOME NARRATIVE
HOME Proe:ram Distribution Analvsis
The City received an allocation of $592,679 in HOME Entitlement Funds for FY2003-04.
The majority of the funds were set aside for rental housing development. The budget for
this reporting period show that funds for the entitlement allocation were budgeted in the
following manner:
Subrecipient Housing Pool $
Community Housing Development Organizations $
Housing Rehabilitation $
Homeless Activities $
Program Administration $
TOTAL S
400,000.00
88,902.00
37,000.00
7,509.00
59,268.00
592,679.00
In addition to the FY03-04 HOME Program allocation, the City also allocated the
following from program income funds received:
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Homeless Emergency Project - Housing
Administration
Homeless Activities
Rental Rehabilitation
Muttifamily New Construction
TOTAL
$
$
$
$
$
S
200,000.00
50,000.00
92,491.00
113,000.00
44,509.00
500,000.00
Funds set aside in the Subrecipient Housing Pool may be used for home ownership
rehabilitation, new single family housing construction, down payment and closing cost
assistance, acquisition of real property and other related housing costs. Funds set aside
for the Community Housing Development Organization is undetermined. The Homeless
Emergency Project used HOME funds to construct an eight-unit transitional housing
community that was completed during this reporting period.
The table shown below list the activities in which the funds were expended during this
reporting period with the $592,679 entitlement allocation, $500,000 in program income
funds.
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FY03-04 CAPER-PC
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$ 47,240.00 e
$ 69,912.00
$ 122,097.00
$ 4,390.00
$
tions $ 105,715.00
$ 1,183.00
Costs Assistance $ 35,800.00
$ 386,337.00
The $47,240 figure reflects the general administrative costs to implement the HOME
Program and program delivery costs to prepare and close loan and provide construction
management. The $30,785 expenditures for Mt. Carmel community Development
Corporation allow the agency to purchase real property to build an eight (8) unit elderly
rental housing complex. A total of $74,930 was provided to CNHS as CHOO Proceed to
build a new house. A final amount of 5,847.04 was expended on Fulton Apartments.
The remaining HOME allocation will be used for homebuyer opportunities and new
construction. In this reporting period $35,800 was expended on providing down payment
and closing costs assistance to one low to moderate income family. A total of
$195,047.36 was expended between activities that our CHOOs are undertaking and the e
City's Infill activities. An additional $2,538 was provided to a consultant to assist in the
home building efforts associated with a small subdivision being planned in South
Greenwood.
The City of Clearwater has four (4) certified Community Housing Development
Organizations (CHOOs) to date. Clearwater Neighborhood Housing Setvices, Inc., Largo
Area Housing Development Corporation, Mt. Carmel Community Development
Corporation, and Homes for Independence, Inc.
Clearwater Neighborhood Housing Services, a long time housing partner was fonnally
adopted in October 1999. They were awarded the FY1997 and 1998 the CHOO
allocations of $60,400 and $63,500, respectively. In June of 2000, the Largo Area
Development Corporation (LADC) was approved as a CHOO. They were awarded the
FY1999 CHOO allocation of $64,700 and the FY2000 allocation of $67,500. Mt. Carmel
Community Development Corporation was certified as a CHOO in 2002 and was
allocated the City's FY2001 CHOO allocation of $71,000. During this reporting period
the City awarded $77,100 in FY2002 CHOO funds to Homes for Independence, Inc. for
the predevelopment costs associated with the proposed special needs rental development
for physically disable individuals. It is anticipated that this project will begin some time
during 2005. The City has not awarded the FY2003 CHOO allocation of $88,902 as of
this reporting. e
FY03-04 CAPER - PC
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Clearwater Neighborhood Housing Services, Inc. expended $124,790 to build a new
single family home for a low to moderate':mcome family. Largo Area Housing
Development Organization also expended their allocation of $84,024 to build an
affordable housing unit. Mt. Carmel Community Development Corporation will use their
allocation to develop elderly rental housing in the North Greenwood Area. The city will
allow all organizations to retain the CHOO proceeds from each of these projects. Three
CHOO projects are located in the North and South Greenwood Neighborhood
Revitalization Strategy Areas and Homes for Independence's proposed project will be in
East Clearwater.
HOME Match Re{lort
Please see attached Match Report in Appendix under "IDIS Reports".
Minoritv and Women's Business Enterorises Reoort - BUD Form-4107
Please see attached Minority and Women's Business Enterprise Report in Appendix under
"IDIS Reports".
HOME insoections and affirmativelv marketine actions and outreach to minority
and women owned businesses.
Two rental housing developments previously funded and subject to HOME monitoring
were inspected during this reporting period. Those housing developments included
Wellington Apartments and Lexington Apartments. Wellington Apartments provide
housing for all low to moderate-income families and Lexington Apartments provide
housing for the elderly.
The city inspected both apartment complexes for program compliance. They were listed as
floating units and met most of the program requirements. It was noted in the inspection
that some of the Lexington units did not meet the accessibility standards for people with
physical disabilities. The apartment owners are working to address the compliance issue.
The city will follow up with another monitoring visit in November, 2002.
The monitoring visit to Wellington Apartment did not show any areas of non-compliance.
HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS NARRATIVE
The City of Clearwater did not receive any HOPW A funding during this reporting period
FY03-04 CAPER - PC
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EMERGENCY SHELTER GRANT NARRATIVE
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The City of Clearwater did not receive any ESG funding during this reporting period.
PUBLIC PARTICIPATION
The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage
public participation. The Board meets periodically throughout the year to discuss and
make recommendations to City Staff and the City Council on housing related issues. The
City Clerk's Office maintains minutes from these meetings.
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FY03-04 CAPER - PC
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APPENDIX
CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
. City of Clearwater - Ethnicity Census Data
. City of Clearwater - Housing Element
· City of Clearwater - Section 3 - Affirmative Action Plan
Forms
e · City of Clearwater - Housing Division Website Information
. Citizens Comments
· City of Clearwater - Direct Benefit Information
· Budget & Expenditure Summary
· IDIS Reports (1'0 be included with HUD submitted copy)
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FY03-04 CAPER-PC
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Census Ethnicity Data
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EV ALUATION REPORT (CAPER)
Comprehensive Plan - Housing Element
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FY03-04 CAPER-vi
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Housing Needs Summary
The following sunnnarizes the Housing Element:
. The mix of housing types is fairly evenly divided between single-family and nmlti-family homes
with much of the growth attn'buted to nmlti-family housing. Mobile homes account for
approximately 8% of the total housing units in the City. City policies with regard to zoning and
development will need to continue to recognize this housing mix.
. The increase in the cost of new single-family homes has risen dramatically faster than the sale
price of existing single family homes. To maintain affordable housing, rehabilitation and
lleighborhood preservation is to be preferred over demolition and redevelopment of existing
neighborhoods.
. While the median cost of housing was less than thirty percent (30%) of income across the board
for owner occupied households; the median cost was forty-five percent (45%) of income for
lower income renters. Accordingly, there continues to be a need for affordable housing for very
low, low, and moderate-income households.
. Although the number of housing units lacking complete plumbing, kitchen facilities or heating
equipment is relatively small and has been declining, it is incidental to rental housing. Continued
code enforcement to reduce these conditions further should be supported.
.
Clearwater's Connnunity Development Code provides for group homes and group care facilities
and requires a mininmm separation requirement of I ,000 feet between such uses. Certain types
of facilities, such as child or spouse abuse centers require increased confidentiality and require
additional coordination by the police department and the Department of Health and
Rehabilitative Services.
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· The population of the City of Clearwater is expected to grow to 112,830 permanent residents by
the year 2010. To accommodate permanent and seasonal residents and maintain a healthy
vacancy rate, approximately 2,500 new housing units will be needed.
· Large, vacant parcels ofland are scarce in Clearwater. Because of this, infi11 development of
Small vacant lots and under-utilized parcels will be necessary, and should be enco1ll'aged, to
provide for new households.
. Impact fees significantly affect the cost of new housing. Methods of balancing the objectives of
affordable housing and adequate infrastructure need to be explored.
· Clearwater will continue, as it has in the past, to promote and support fair housing practices.
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Goals. Obiectives. and Policies
Housing
GOALS, OBJECTIVES, AND POLICIES
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13. GOAL - AN AFFORDABLE VARIETY OF STANDARD HOUSING UNITS IN
DECENT AND SAFE NEIGHBORHOODS TO MEET THE NEEDS OF CURRENT
AND FUTURE RESIDENTS REGARDLESS OF RACE, NATIONALITY, AGE,
MARITAL STATUS, HANDICAP, OR RELIGION.
13.1 Objective for Adequate Housing - Assure an adequate supply of housing in
Clearwater by providing for additional new dwelling units in a variety of types,
costs, and locations to meet the needs of the residents ofthe City of Oearwater.
Policies
13.1.1 Maintain sufficient residentially zoned acreage, of varying densities and
locations, to acconnnodate the existing and future housing needs of the City of
Clearwater.
13.1.2 Residential Infil1 Projects, as defined in the Community Development Code,
shall be utilized in order to acconnnodate innovative project designs, which
provide for a mix of dwelling types at varying costs.
13.1.3 Through application of the Concurrency Management Section of the
Conmnmity Development Code, the City of Clearwater shall assure sufficient
utility capacity to acconnnodate an adequate supply of housing.
13.1.4 The City shall encourage the involvement of private sector financial institutions
in recognizing and meeting the conmnmity's housing needs.
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13.1.5 City of Clearwater shall continue to provide infonnation, incentives, and
technical assistance to the private sector in order to achieve housing production
that meets the needs of very low, low, moderate, and middle income
households.
13.1.6 The City shall further fair housing goals so that a variety of housing
choices are available to households without regard to religion, handicap,
age, or race, nation origin, or marital status.
13.2 Objective for Mfordable Housing - The City of Oearwater shall continue to
provide assistance and incentives for the development of housing that is affordable
to Very Low, Low, and Moderate Income households, including those with special
needs, consistent with the level of growth in these income categories.
Policies
13.2.1 Continue to utilize Community Development Block Grant funds for the
construction and/or rehabilitation of housing units which will be affordable to
very low and low-income, households consistent with Federal income
guidelines.
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C-2
Goals. Objectives. and Policies
Housing
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13.2.2 Continue to use Federal progtams to provide rental subsidy assistance to very
low, low, and some moderate-income households.
13.2.3 Continue to review new construction techniques, materials, building codes, and
housing codes in order to detennine where housing costs can be reduced
without sacrificing the quality of housing for very low and low income
households.
13.2.4 The City shall continue to utilize the Challenge 2000 Program to assist very-
low, low, and moderate-income households in obtaining mortgage financing.
13.2.5 The City shall continue to support the addition of rental housing as needed to
meet the needs of very-low, low, and moderate-income households.
13.3 Objective for Housing Conditions - The City of Clearwater shall encourage the
elimination of substandard housing units through demolition, upgrades,
renovation and preservation efforts.
Policies
13.3.1 Define" substandard" housing units as those which do not provide safe and
adequate shelter and require major renovation to bring them up to the
Clearwater Minimnm Housing Code or are lacking one or llXll'e essential
plumbing facilities, i.e., hot and cold piped water, private toilet, and private
shower or bath for the exclusive use of the unit
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13.3.2 Define "suitable for rehabilitation" as those housing units in deteriorating
condition due to inadequate maintenance or accidental damage which requires
repair equal to or less than seventy-five percent (75%) of its value subsequent to
renovation or having as the primary deficiency, the lack of one or more
essential plumbing facilities. Units must be located in available neighborhood
either having adequate conmmnity facilities or with necessary capital
improvements in the current C.I.P. program
13.3.3 The Neighborhood Services Department shall continue to monitor and evaluate
factors which con1nlmte to neighborhood stability and adopt strategies for
neighborhood preservation.
13.3.4 Program capital improvements in concert with the neighborhood preservation
strategies to encourage neighborhood stability.
13.3.5 Encourage ongoing maintenance through program; that foster pride in
ownership and individual efforts.
13.3.6 Provide incentives for voluntary, private rehabilitation of owner occupied and
rental housing units.
13.3.7 Continue to utilize the Unsafe Structures Program as a means of rehabilitating
and/or demolishing unsafe structures within the City of Clearwater.
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C-3
Goals. Obiectives. and Policies
Housing
13.3.8 Continue to review and update housing related codes to allow optimum use of
labor and materials.
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13.3.9 Continue to con1nDute to the support of Clearwater Neighborhood Housing
Services, Tampa Bay Conmnmity Development Corporation and other
organizations promoting neighborhood revitalization and stability.
13.4 Objective for Adequate Sites for Very Low, Low and Moderate Income
Households Continue to provide zoning and land use regulations which allow for
the development and redevelopment of affordable housing in stable
neighborhoods.
Policies
13.4.1 AIl assisted housing shall meet the requirements of the Conmnmity
Development Code, including landscaping, and shall be consistent with the
character of the surrounding neighborhood
13.4.2 Assisted housing should be located in close proximity to employment centers,
mass transit services, parks, and connnercial centers.
13.4.3 Buildings and grounds at assisted housing locations should be maintained so as
to preserve a desirable living environment
13.4.4 Maintain residential roning districts in a variety of densities and locations in
order to acCOImnodate more affordable small lots, small and medium size
apartments, and mobile homes.
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13.4.5 Continue to utilize roning to minimize and mitigate connnercial encroachment
in residential areas.
13.4.6 Mobile homes shall be maintained as an affordable housing option for existing
and future residents. The City of Clearwater shall continue to utilize the Mobile
Home Park zoning classification for defining existing and proposed mobile
home sites.
13 oS Objective for Group Homes and Foster Care Facilities and special needs jlousing -
Continue to provide zoning and land use regulations which allow the establishment
of group homes, foster care facilities and special needs pousing subject to
minimum State requirements.
Policies
13.5.1 Establish population based standards for group homes and foster care facilities
in concert with knowledgeable State and connnunity human services
organizations.
13.5.2 Encourage and assist human. services agencies and other community groups in
developing special living facilities at a level appropriate to Clearwater's
population and needs.
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C-4
Goals. Obiectives. and Policies
Housing
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13.5.3 Periodically review and adjUst the separation requirement for group homes. as
found in the Conmnmity Development Code so that the requirement continues
to function to provide broad dispersion without inln'biting these facilities by
satmation of available areas. The separation requirements will not be more
restrictive than the minimum requirements of the State of Florida.
13.5.4 Provide mning, inspection, and other appropriate local government technical
assistance to the Clearwater Housing Authority and other agencies involved in
the provision of housing.
13.5.5 The City of Clearwater shall continue to permit licensed group homes in all
residential districts provided the use meets the minimum separation requirement
of the State of Florida and development standards found in the Community
Development Code.
13.5.6 The City shall coordinate with the Department of Children and Families and the
Clearwater Police Department in the placement of child and spousal abuse
facilities in order to ensure the requisite confidentiality.
13.6 Objective for Housing Conservation and Rehabilitation - Through both private
and public resources, the City of Clearwater shall encourage the conservation,
rehabilitation, and preservation ofthe existing housing stock, including historically
significant housing.
Policies
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13.6.1 The Connnunity Response Team shall continue to utilize a collaborative code
enforcement process for housing in the North and South Greenwood
neighborhoods in order to provide residents with information regarding
rehabilitation assistance programs and the additional1ime needed to bring
housing structures in this area into compliance.
13.6.2 Use Community Development Block Grant, HOME, and SHIP funds for
programs and improvements throughout the City with special emphasis on
North Greenwood, South Greenwood and East Clearwater neighborhoods and
such other neighborhoods as may require programming attention.
13.6.3 Involve private lending institutions in the development of programs which
encourage a greater degree of flext'bility in lending policies with respect to
improving older neighborhoods.
13.6.4 Encourage private lending institutions, through their participation in program
and project planning, to be more responsive to the home income needs of very
low, low, and moderate-income households.
13.6.4 Involve private lending institutions in the planning and development of
programs designed to help with small business economic development loan
needs in very low, low and moderate-income neighborhoods.
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13.6.5 Improve connnunity services and facilities to an acceptable standard in
redevelopment areas.
C-5
Goals. Obiectives. and Policies
Housing
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13.6.6 Use rehabilitation of public housing units as wen as the provision of new
housing to increase the housing stock for low and moderate income households.
13.6.7 The City of Clearwater shall continue to protect and preserve historicany
significant housing and neighborhoods through the implementation of Historic
Preservation Section (Division 10) of the Community Development Code.
13.7 Objective for Relocation Housing - Where public projects of the City require the
relocation of individuals and/or families, relocation assistance shall be provided
where it is necessary for safe and adequate shelter.
Policies
13.7.1 The City shall provide temporary relocation assistance to enable rehabilitation
of substandard housing.
13.7.2 The City shall provide relocation assistance and counseling, as needed, to effect
the clearance of dangerously deteriorated houses.
13.7.3 The City shall regularly tmnitor grant opportunities and provide coordinating
services to assist in maximizing intergovernmental revenues and assistance
targeted to housing and neighborhood improvements.
13.7.4 The City shall determine that adequate tm bile home sites or other suitable sites
exist for the relocation of mobile home owners prior to actions, including the
approval of a rezoning, which result in removal or relocation of mobile home
owners.
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13.8 Objective for Housing Implementation Programs Clearwater Neighborhood and
Affordable Housing Advisory Board, which includes representatives from agencies
directly involved in housing issues will serve as a standing committee on housing
and will assist in facilitating planning efforts and provide coordinated housing
programs on a local level.
Policies
13.8.1 Utilize applicable Federal and State programs to provide local housing.
13.8.2 Participate with the Tampa Bay Regional Planning Council in the preparation
of housing plans and programs.
13.8.3 Participate with Pinel1as County in providing short-term emergency housing for
the homeless and transitional housing for qualifying households with special
needs.
13.8.4 PrOtmte equal opportunity for all persons, regardless of race, sex, age, or
marital status in obtaining adequate housing and eliminate discrimination in
housing.
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C-6
Goals, Obiectives, and Policies
Housing
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13.8.5 The City of Clearwater shall continue to implement all existing and future
housing programs without regard to race, national origin, handicap, age, or
familial status.
13.8.6 The City of Clearwater shall continue to investigate complaints concerning the
lending policies oflocal1ending institutions to assme non-discriminatory
lending practices and guard against redlining.
13.8.7 The City shall continue to work with the Local Housing Authority in providing
a public housing stock that is consistent with the existing and future needs of
the residents of the City of Clearwater.
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C-7
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
. Section 3 - Affirmative Action Plan Forms
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FY03-04 CAPER - vI
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CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SECTION 3 AFFIRMATIVE ACTION PLAN
(Prime Contractor)
[For Prime Contracts that exceed $100,000]
, Contractor, agrees to implement the following specific affirmative
action steps directed at increasing the utilization of Section 3 Residents' and Section 3 Business Concerns
within the Town/City/County of Clearwater.
A. To ascertain from the locality's CDBG Program official the exact boundaries of the Section 3 Covered
Project Area and where advantageous, seek the assistance of local officials in preparing and
implementing the affirmative action plan.
B. To attempt to recruit from within the Town/City/County the necessary individuals to fill employment
opportunities generated by Section 3 covered assistance through: local advertising media, signs placed
at the proposed site for the project, and community organizations and public or private institutions
operating within or serving the project area such as Service Employment and Redevelopment (SER),
Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program,
Hometown Plan, or the U.S. Employment Service and providing preference for these opportunities in th
following order:
(i)
Section 3 Residents residing in the service area or neighborhood in which the Section 3
covered project is located;
(ii)
Participants in HLJD Youthbuild Programs, and
(iii)
Other Section 3 Residents.
C. To maintain a list of all lower income area residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and a vacancy exists.
D. To insert this Section 3 Affirmative Action Plan in all bid documents for contracts over $100,000, and to
require all bidders on subcontracts over $100,000 to submit a Section 3 Affirmative Action Plan,
including utilization goals and the specific steps planned to accomplish these goals.
E. To insure that subcontracts over $100,000 which are typically let on a negotiated rather than bid basis i
areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible,
when let in a. Section 3 covered project area.
F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this
program.
G. To notify Section 3 residents and Section 3 business concerns about economic opportunities generated
by Section 3 covered assistance and to award Section 3 covered contracts, to the greatest extent
feasible, to Section 3 business concerns in the following order of preference:
(i) Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
(ii) Applicants selected to carry out HUD Youthbuild projects;
(iii) Other Section 3 business concerns.
H. To notify potential contractors about Section 3 requirements of this part, and incorporating the Section
clause in all solicitations and contracts.
I. To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3
business concerns undertaking activities to reach the numerical goal established by HLJD.
J. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements 0
Section 3.
K To submit reports to DECD and HUD on the results of actions taken to provide training, jobs and
contracts to Section 3 residents and Section 3 business concerns.
L. To appoint an executive official of the company or agency as Equal Employment Opportunity Officer to
coordinate the implementation of this Section 3 Affirmative Action Plan.
M. To document utilization of Section 3 Employees on the covered project by having new employees,
(including those of all subcontractors) from the Section 3 Area, complete the Section 3 Income
Worksheet as provided by DECD
N. To complete a Section 3 Utilization Report and submit said report to DECD, HUD, or their designee
prior to final payment for the covered project; This report will list all Section 3 Employees documented
on the Section 3 Income Worksheets and be in the format provided by DECD.
O. To maintain records, including copies of correspondence, income verification memoranda, etc., which
document that all levels of the above affirmative action steps have been taken.
As officers and representative of:
(Name of Contractor)
On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and
become a party to the full implementation of this program.
Name and Title of the Authorized Representative (print or type)
Signature of Authorized Representative
Date
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CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SECTION 3 AFFIRMATIVE ACTION PLAN
(Subcontractor)
[For Subcontracts that exceed $100,000]
, Subcontractor, agrees to implement the following speCific
affirmative action steps directed at increasing the utilization of Section 3 Residents' and Section 3 Business
Concerns within the Town/City/County of Clearwater.
A. To ascertain from the locality's CDBG Program official the exact boundaries of the Section 3 Covered
Project Area and where advantageous, seek the assistance of local officials in preparing and
implementing the affirmative action plan.
B. To attempt to recruit from within the Town/City/County the necessary individuals to fill employment
opportunities generated by Section 3 covered assistance through: local advertising media, signs placed
at the proposed site for the project, and community organizations and public or private institutions
operating within or serving the project area such as Service Employment and Redevelopment (SER),
Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program,
Hometown Plan, or the U.S. Employment Service and providing preference for these opportunities in th
following order:
(i)
Section 3 Residents residing in the service area or neighborhood in which the Section 3
covered project is located;
(ij)
Participants in HLJD Youthbuild Programs, and
(iii)
Other Section 3 Residents.
c. To maintain a list of all lower income area residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and a vacancy exists.
D. To insert this Section 3 Affirmative Action Plan in all bid documents for contracts over $100,000, and to
require all bidders on subcontracts over $100,000 to submit a Section 3 Affirmative Action Plan,
including utilization goals and the speCific steps planned to accomplish these goals.
E. To insure that subcontracts over $100,000 which are typically let on a negotiated rather than bid basis i
areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible,
when let in a Section 3 covered project area.
F. To formally ~ontact unions, subcontractors and trade associations to secure their cooperation for this
program.
G. To notify Section 3 residents and Section 3 business concerns about economic opportunities generated
by Section 3 covered assistance and to award Section 3 covered contracts, to the greatest extent
feasible, to Section 3 business concerns in the following order of preference:
(i) Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
(ii) Applicants selected to carry out HUD Youth build projects;
(Hi) Other Section 3 business concerns.
H. To notify potential contractors about Section 3 requirements of this part, and incorporating the Section
clause in all solicitations and contracts.
I. To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3
business concerns undertaking activities to reach the numerical goal established by HLJD.
J. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements 0
Section 3.
K To submit reports to DECD and HUD on the results of actions taken to provide training, jobs and
contracts to Section 3 residents and Section 3 business concerns.
L. To appoint an executive official of the company or agency as Equal Employment Opportunity Officer to
coordinate the implementation of this Section 3 Affirmative Action Plan.
M. To document utilization of Section 3 Employees on the covered project by obtaining income
information from new project area employees on the Section 3 Income Worksheet.
N. To provide all Section 3 Income Worksheets to the prime contractor for inclusion in the Section 3
Utilization Report prior to receipt of final payment of CDSG funds.
o. To maintain records, including copies of correspondence, income verification memoranda, etc., which
document that all levels of the above affirmative action steps have been taken.
- --~ - - - ~ ~ -~- - --~-~-- -- --~,- -~- ---- --- - - --~-- - - - - ---- - - J
-oJ', lei, "I I 'Ill c '", 1'" j - II ~ I ill 1 ~, I', ',' ;, I, ,; , I
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As officers and representative of:
(Name of Subcontractor)
On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and
become a party to the full implementation of this program.
Name and Title of the Authorized Representative (print or type)
Signature of Authorized Representative
Date
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
.
Housing Division Web site
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FY03-04 CAPER - vI
2
Housing Division
Page 1 of6
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Site
Us
IIHomelilAbout clearwaterllservicesl' Government "IResidentsllBusinessllvisito rslllEmplo
· City Manager · Mayor" City Council · City Departments . Codes . Public Records
City Home> Government> City Deoartments > Economic Develooment and Housina > Housing Division
Economic Development and Housing
Economic
Development and
Houslno Home
Housing Division
. Documents
. ProQrams
Docu ments and
Publications
. Where to Get Help
Economic
Development
Proorams
. Maps
Housing Division Documents
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Housing Predatory
Lendino Information
· Clearwater HUD Low IMod Census Income
Data
it
Housing Division
Some of the files below are Adobe@ PDF documents.
Main Street Program
Projects
· 2005 - 2010 Consolidated Plan
· Solicitation for Quotes - Consultant
· Questions & Answers
Services
Recommended Links
. Fair Housing
. Fair Housino Brochure
· Fair Housino Brochure (Spanish)
. Fair Housina & Hurricanes
· Fair Housino Laws
· Fair Housino Newsletter
· HUD Brochure
· HUD Brochure (Soan ish)
· Reasonable Accomodations
· Seniors' Fair Houslno Riahts
About Clearwater
Or9anizatlon Chart
Contact Economic
Development and
Housino
· Income" Rent Limits
. 2004 Income Limits
· 2004 Rent Schedule (By Number of
Bedrooms In Unit)
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· Housing Affordability
· Affordable Houslno - At What Cost?
http://www.myc1earwater.com/gov/depts/econ _ devel/housing.asp
12/3/2004
Housing Division
Page 2 of6
. Lead-Based Paint - Education a. Outreach
. HUD Technical Guidelines for the
Evaluation and Control of Lead-Based
Paint Hazards in Housing - information
provided by the U.S. Department of
Housing and Urban Development
. Lead in Paint, Dust and Soli -
information from the EPA
. Protect Your Family from Lead in Your
Home - information from the EPA
. Protect Your Family from Lead in Your
Home (in Soan ish) - information from
the EPA
. EPA/HUD Fact Sheet on Lead-Based
Paint Hazards in Housing
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. Predatory LendinG Documents
. New HUD Rule on Predatory Lending
. Fannie Mae Foundation Publications
(available in multiple lanGuages)
. KnowlnQ and Understandino Your Credit
. OpeninQ the Door to a Home of Your
Own
. ChoosinQ the MortQaQe that is RiQht for
You
. BorrowinQ Basics: What You Don't Know
Can Hurt You
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. Financial Education
. Federal Government Financial Education
. Senior Housing
. HUD's Senior Housino WebpaQe
. Homelessness
. County Homeless Policy Grouo
. Subrecipient Forms FY 2004-2005
. Payment Request Form
. Monthly ProQram Activity Report
. Monthly ProQram Activity Report -
Education & Counseling
. FY 03-04 CAPER
. FY 03-04 CAPER Notice of View & Public
Hearing
[Back to Top]
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Programs
http://www.myc1earwater.com/gov/ depts/econ _ devel/housing.asp
12/3/2004
Housing Division
Page 3 of6
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Do You Own a Home In Need of Repairs?
Are You Considering Buying a Home?
The City of Clearwater's Housing division and its
community partners may be able to help.
Down-payment and closing-costs assistance and/or
rehabilitation loans are available for eligible
households.
Homeownership Rehabilitation
The City of Clearwater can provide loans to help you
rehabilitate your home.
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· To be eligible for the City of Clearwater's
Housing Rehabilitation Loan program, you
must own and occupy a single-family home.
Your rehabilitation plans must address all code
related repairs found in the home.
· Financing of certain items such as appliances,
window treatments, swimming pools and spas
cannot be Included as part of these programs.
· The assistance will be in the form of a deferred
payment loan or low interest loan,dependlng
on a household's income and nature of the
rehabilitation. A deferred payment loan allows
the borrower to delay repayment on the loan
as long as they reside in the home (other
conditions also apply).
· Emergency Repair loans are also available to
correct serious home hazards such as roof and
plumbing leaks and electrical problems.
Rehabilitation - 0 &. A
Homebuyer Assistance
Loan funds are available to help homebuyers cover
part of their down payment and closing costs when
purchasing a home.
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The City of Clearwater through its approved non-
profit housing agencies provides down payment and
closing costs assistance to Income eligible
households who meet the program criteria.
Assistance is provided in the form of a deferred
payment loan with no Interest and/or payments as
long as the borrower does not sell, refinance, rent or
otherwise transfer title of the property. The property
to be purchased must be borrower's principal
residence. Loans of up to $15,000 can be made
depending on income level, the location of the home
and whether the home Is new or existing. Homes
that receive assistance must be new construction or
involve some form of rehabilitation to be eligible. The
City will provide additional funds for persons desiring
http://www.myc1earwater.com/gov/depts/econ_ devel/housing.asp
12/3/2004
Housing Division
Page 4 of6
to build a home in one of the City's Target Areas.
The maximum sales price for existing and new
homes are $130,000 and $140,000, respectively.
Loans are not provided for refinancing. Borrowers
must attend a free Home Buyer Education workshop
prior to receiving assistance. For more information
on the workshops and program please contact one of
the organizations listed.
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Requirements for all programs
. Borrowers/Participants must meet program
income guidelines
. Homes must be In the city limits of the City of
Clearwater
. Borrowers/Participants must provide
documentation on their household income and
assets along with other program requirements
. All program are governed by the United States
Department of Housing and Urban
Development, The State of Florida - State
Housing Initiatives Partnership (SHIP) Program
and/or the City of Clearwater's - Economic
Development and Housing Department -
Housing Division
. An experienced Loan Officer will help
determine if you or your households meet the
guidelines for the program
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Information you will need to provide
Borrowers/Participants seeking rehabilitation
assistance must provide the following items at a
minimum:
. A copy of the Warranty Deed
. Proof of Home Owner's Insurance
. Title Insurance Policy
. Income Eligibility
[Back to Top]
Where to Get Help
Community Housing Partners
You may call the city's Housing division or contact
one of the approved non-profit organizations listed
below to find out what documentation you will need
to submit along with your application.
e
Clearwater Neighborhood Housing Services,
http://www.myc1earwater.com/gov/ depts/econ _ devel/housing.asp
12/3/2004
e
e
e
Housing Division
Inc. (R)
608 North Garden Avenue
Clearwater, Florida 33756
(727) 442-4155
(727) 446-4911
Community Service Foundation
925 Lakevlew Avenue
Clearwater, Florida
(727) 461-0618
The Homebuyers Club of Tampa Bay
2139 NE Coachman Road
Clearwater, Florida 33758
(727) 446-6222
Homes for Independence (R)
2735 Whitney Road
Clearwater, FL 33760
(727) 538-7370, ext. 357
Tampa Bay Community Development
Corporation
2139 NE Coachman Road
Clearwater, Florida 33758
(727) 442-7075
(727) 442-4575
Largo Area Housing Development Corporation
(R)
2139 NE Coachman Road
Clearwater, Florida 33758
(727) 442-7075
(727) 442-4575
(R) - These organizations perform
rehabilitation activities.
[Back to Too]
Maps
. North Greenwood Nelohborhood Revitalization
Area Map (*669KB file*)
. South Greenwood Nelohborhood Revitalization
Area (*348.7KB file*)
[ Previous PaQe ]
Page 5 of6
[ Top of PaQe ]
City Home I About Clearwater I Services I Government I Residents I Business I Visitors I Employment I Espai'lol
Contact Us I LeQal Notices I Site Map
http://www.myc1earwater.com/gov/depts/econ _ devel/housing.asp
12/3/2004
Housing Division
Page 6 of6
Page last updated Thursday, December 02, 2004
@2003 City of Clearwater
http://www.myc1earwater.com/gov/ depts/ econ _ devel/housing.asp
12/3/2004
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EV ALUATION REPORT (CAPER)
Citizen Comments
e
e
FY03-04 CAPER - v2
e
e
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EV ALVA TION REPORT (CAPER)
Direct Benefit Information
FY03-04 CAPER - PC
e
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CITY OF CLEARWATER
DIRECT BENEFIT INFORMATION
DOWN PAYMENT AND CLOSING COST ASSISTANCE & REHABILITATION LOANS - FY 2003-04
SPECIAL
NAME DATE ADDRESS INCOME RACE NEEDS
Kendra Bianks 12/3/2002 1357 Springdale Street LI BLACK NO
Daniel Perri 10/11/2002 1664 Rainbow Dr LI WHITE NO
Marjorie Vont 10/25/2002 2460 Northside Drive #405 LI HiSPANiC NO
Pauline Marzouca 10/28/2002 2460 Northside Drive LI BLACK NO
Drazen Majcen 10/30/2002 2699 Seville Bivd #302 LI WHiTE NO
Steve Morgan 11/15/2002 1321 S. Madison avenue LI WHITE NO
Tanyta Swank 11/26/2002 217 McMullen Booth LI WHiTE NO
Franci Soido 11/27/2002 1771 Murray Ave LI WHITE NO
Sharon Davis 12/17/2002 1200 Jadewood Ave LI BLACK NO
Marinko Nikic 1/14/2003 1303 South Hercuies LI WHiTE NO
Amy Myers 1/21/2003 1328 Boylan Ave LI WHiTE NO
Victor Licona 1/31/2003 1315 Michigan Avenue S VLI HISPANIC NO
Kimberly Vassos 2/27/2003 1816 West Drive LI WHITE NO
G. Lojpur 3/7/2003 2635 Seville Bivd. #309 LI WHiTE NO
A. Dililherti 3/28/2003 3040 Eastland Blvd. #203 LI WHiTE NO
Louis Zavaia 4/412003 2048 Lorna Linda Way LI WHITE NO
K. Tiko 4/15/2003 1144 Belleair Rd LI WHITE NO
Sandra Lewin 4/17/2003 708 Nicholson Street VLI BLACK NO
Kimberly McGee 4/17/2003 1127 Harris Lane LI WHITE NO
T.Miles 4/18/2003 1511 Nelson Avenue LI BLACK NO
B. Robinette 4/30/2003 1308 Kingswood Ave LI WHITE NO
C. Jones 5/7/2003 806 pennsylvania Avenue VLI BLACK NO
K. Patterson 5/15/2003 2006 Santiago Way LI WHiTE NO
N. Kress 5/30/2003 320 Bayshore Blvd. #101 LI WHiTE NO
M. Palmer 6/412003 1325 Saturn Ave LI WHiTE NO
S. Pacheo 6/412003 1799 N. Highiand Ave VLI HISPANIC NO
Carlos Hernandez 6/11/2003 221 McMullen Booth Rd#161 MI HISPANIC NO
J. Forte 6/30/2003 914 Nicholson Ave LI WHITE NO
L. T aborda 7/2/2003 1991 N. Madrid Court Li HiSPANiC NO
B. Chintan 8/8/2003 1131 Harris Lane LI BLACK NO
C. Padgett 8/28/2003 1954 Los Lomas Dr VLi WHITE NO
S. Stevens 9/18/2003 1845 Overbrook Ave LI WHITE NO
Eddie Blackshear 9/19/2003 Martin Luther King Ave LI BLACK YES
L. Dagmar 9/30/2003 1365 Martin Luther King Ave. LI BLACK NO
Elaine Alston 9/30/2003 1313 S. Washington Ave. LI BLACK NO
Lorna Moore 11/22/2003 1016 Fairburn Ave LI BLACK NO
BOLD: Properties that are located in the North or South Greenwood Neighborhood Revitalization Strategy Areas
e NOTE: The cases above are either encumbered and/or completed and funds expended.
12/3/2004
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Budget & Expenditure Summary
FY03-04 CAPER - PC
2
e
FY2003.2004
Consolidated Annual Performance & Evaluation Report (CAPER)
Community Development Block Grant
And
HOME Investment Partnership Programs
Budget and Expenditure Summary
Remaining
Activity Budget Expenditures Balance
Demolition $ 20,000.00 $ 14,268.00 $ 5,732.00
Relocation $ 20,000.00 $ 1,183.00 $ 18,817.00
CDBG Program Administration* $ 311,900.00 $ 171,245.00 $ 140,655.00
HOME Program Administration* $ 109,268.00 $ 47,240.00 $ 62,028.00
Public Services*- $ 307,532.00 $ 322,648.00 $ (15,116.00)
Public Facilities & Improvements $ 271,753.00 $ 211,537.00 $ 60,216.00
CDBG/HOME Program Housing (Housing Pool) $ 1,001,511.00 $ 259,803.00 $ 741,708.00
CDBG Economic Development $ 560,000.00 $ 194,107.00 $ 365,893.00
Community Housing Development Org. (CHDO) $ 182,365.00 $ 105,715.00 $ 76,650.00
Rental Housing Development - HOME $ 682,097.00 $ 122,097.00 $ 560,000.00
TOTAL ** $ 3,466,426.00 $ 1,449,843.00 $ 2,016,583.00
* The Program Administration Equals 12.1% of the Total Budget. COBG Allows 20% of Allocation for
e Program Administration and 20% of Program Income. HOME Allows 10% of Allocation for Program
Administration and 10% on Program Income.
.. The difference between "Budget" and "Expenditures" is made up of such things as: Carryover Funds for Public
Services, Public Facility projects being completed, the Homeless Emergency Project SRO & Thrift Store, N.
Greenwood Fac;ade improvement Project, Housing Pooi Funds, and Fulton Apartments Rehabilitation.
..* The $15.116 negative balance in Public Services reflect expenditures that was made in FV2004 but budgeted in FY2003.
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12/3/2004
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CITY OF CLEARWATER
FY2003-2004
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
IDIS Forms
(To be Included with HUD Submitted Copy)
e
e
FY03-04 CAPER - v2
E Nt) - I
City Council
......."...Ag~~.~.~~.~.~.~r~!.!!!.~r~,~~~.~<<!!! ~~
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Tracking Number: 996
Actual Date: 12/16/2004
Subject / Recommendation:
Declare property at 1250 Palmetto Street surplus to City needs, and approve an Agreement For
Exchange of Real Property with the School Board of Pinellas County, Florida conveying same to
the Board in exchange for fee title to an 11,475 square foot parcel, and easement over and
across 25,477 square feet of land, in Section 5, Township 29 South, Range 16 East, with
estimated closing costs of $1550, and that appropriate officials be authorized to execute same
and all other instruments required to effect closing as described therein.
Summary:
The City's Reclaimed Water Service Area 19 that begins at McMullen Booth Road and Union
Street embraces the Elysium and Chelsea residential subdivisions, Sylvan Abbey Cemetery,
McMullen Booth Elementary School and its environs. The subject Agreement provides that the
School Board of Pinellas County ("Board") will convey the critical property interests described
therein to facilitate construction of the Union Street Booster Station. The Booster Station is
required to boost the system pressure from the low pressure effluent pipeline, connecting the
City's Northeast APCF to the East APCF outfall, to feed irrigation systems within the service area.
Although the interests being exchanged are not identical in value, the City Charter allows the
transfer of surplus real property to another governmental entity for less than appraised value if
the Council finds a valid public purpose for the transfer. Among Agreement provisions, the Board
will convey its property interests to the City within 45 days of the Effective Date of contract. The
City will retain title to the former library property for from three to five years following the
Effective Date, during which time the City has entered into a lease of the library with Le'azon
Technology Institute for up to five years. The lease was approved by Council on August 19,2004
and provides for termination by the City if the property is required for another public purpose.
Upon proper notice from the Board, delivered not sooner than three years following the Effective
Date, the City will terminate the Le'azon lease and transfer title to the Board.
Sufficient funds are available in Miscellaneous Engineering code 0-315-92822 to fund estimated
expenses of $1550 for $75,000 title insurance, state documentary stamps, closing fee and
recording expenses.
A copy of the Agreement is available for review in the Office of Legislative Services and Official
Records.
Originating: Engineering
Section Administrative public hearings
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: Yes
Advertised Dates: 12/05/2004
Financial Information:
City Council
~@@~51~~~a c~!?~.~.~....~~~.!!!~!!.~ d l:!.!!L~_.~.....",.~.w_._...
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Less than $2,500
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$1,550.00
Annual Ooerating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$1,550.00
Appropriation Code(s)
315-92822-560100-541-000-
Amount
$1,550.00
Comments
$75,000 title insurance and other closing
costs
Review Aoproval
Michael Ouillen
Bill Horne
11-19-2004 13:22:23
12-03-2004 13:56:25
11-19-2004 13:38:29
12-02-2004 15:32:36
11-23-2004 11:44: 18
12-02-2004 16:01:47
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Laura Lipowski
"'"R2: -ENG-I
(><' (l /"
,\< "1..(,..
LOCA.TOR MAP - CITY EXCHANGE PROPERTY
OLD . NORTH GREENWOOD LIBRARY- 1250 PALMETTO.STREET
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lOCATOR MAP -SCHOOLBOARD EXCHANGE PROPERTY
ADJACENT TO MCMUL.LEN BOOTH. ELEMENTARY - 3025 UNION STREET
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RETURN TO:
Earl Barrett
Engineering Dept.
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 2004, by and between the City of Clearwater, Florida, hereinafter
referred to as "City", and the School Board of Pinellas County, Florida,
hereinafter referred to as "Board", (collectively, "Parties"), to memorialize that the
Parties have entered into an Agreement For Exchange Of Real Property.
WITNESSETH:
WHEREAS, an Agreement For Exchange of Real Property ("Agreement")
has been entered into between the City and the Board, dated December
2004 ("Effective Date") regarding certain real City-owned property lying and
being situate in Section 10, Township 29 South, Range 15 East as more
particularly described in EXHIBIT "A", and certain real Board-owned property
lying and being situate in Sections 4 & 5, Township 29 South, Range 16 East as
more particularly described in EXHIBIT "B" and EXHIBIT "C", all of which are
appended hereto and by this reference made a part hereof; and,
WHEREAS, among Agreement provisions, the Board will convey title in
the property described in EXHIBIT "B" and easement over and across property
described in EXHIBIT "C" to the City not later than 45 days following the Effective
Date; and the City shall convey title in the property described in EXHIBIT "A" to
the Board not sooner than three years nor later than five years following the
Effective Date; and,
WHEREAS, it is mutually agreed that the transfer of the City parcel to the
Board and the transfer of the Board parcel and easements to the City shall
constitute full and sufficient consideration for the transfer of the interests
described therein by and between the Parties; and,
WHEREAS, the Parties mutually agree that the City parcel is subject to a
lease with Le'azon Technology Institute, Inc., ("Lessee"), as approved by the
Clearwater City Council on August 16, 2004, and Lessee shall occupy the City
property subject to the terms and conditions of said lease and as provided for in
the Agreement.
NOW THEREFORE, in consideration of the premises and the covenants
contained herein the Parties hereby agree as follows:
1. The foregoing recitals are true and correct and are incorporated in
and form a part of this Agreement.
2. This Agreement shall be recorded in the Official Records of the
County of Pinellas, Florida to memorialize the interests of the Parties as reflected
herein and further reflected in the Agreement.
IN WITNESS WHEREOF, and in acknowledgement of its approval by the
respective governing bodies of the Parties, their duly authorized officials have
hereunto executed this Memorandum of Agreement the day and year first above
written.
WITNESS:
SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA
By:
Print WITNESS name
Print Name
Superintendent of Schools
Approved as to form:
WITNESS:
Print WITNESS name
Countersigned:
City OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
EXHIBIT f'A"-FEe PARCEL
(CITY) PAGE 1 OF1
lEGAL DESCRIPTION ,... PARCEL J.D.# 10-29-15..00000-130..o5QO
A PORTION OFTHESOUTHweST1j. OF THE ,.,ORTHEA$T Y.OF ~ECTlON
10,TOWN$HIP~9S0UTHl RANGE .15. EAST .LEGALLY DESCRIBED AS
BEING THE EAST 109.6 FEET OF THE WEST 836.17 FEET OF THE NORTH
150 FEET OF THE SOUTH .180 FEET THEREOF,
ADDRESSED 0451250. PALMETTO STREET, ClEAf~Mlo4TER,. FlORIDA33755
EXHIBIT usn ....FEE. PARCEL
(BOARD) PAGE10F1
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EXHIBIT hen - EASEMENTS
PAGE 1 OF4
DESCRIPTION SKE1CH-NOrA WRVEr
Pln~lla$ Coun t)'i f/prida
~CCI
I
if'
POINrOF CONMmCEMENrSW;
I(#C.i:F .... .... l~
Ut/;;;'iiit., (an. 1~
GlW'HlC SCALE
1 i=b .. 100 Il
POINT OF BEClNNtNG
se":J6~n
2a 1J9'
-"'---'-~--
.
S6~:stirl"" '
;J,JfJ"
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V/{!(/N smcrr (t.:it. liU)
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o._o.t"'.. Fl~ .5$15&
"'"",.r. (727}fU-71H. FlU. {7~lHfol ~ J:nl
CertllkGf.. af ,ljJthatltDII.... No, Lfl55ea
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EXHIBIT fiC" -EAseMENTS
PAGe 2 OF 4
OESCRIPl1ON SKETCH-Nor 11 StlRVCY
Pinel/as Count)1 Florida
()(SC!ilPTJ(ji;
11 ;wrctL fY LAND 01"'17 AM! (ifINC IN SlCTION 4, TOItNSHfP 2$ S()fJf1f. 1/!JiG! /6 ast PMtLAS
allIN11; RrRifJA. 5M? PARm. fit:/N(j ill'1/! PNfllaLAllL r OfSCRFBED AS Fall'l'ltS'
~ At THE MJRTflJlfsr ,Ct1RMf{ OF 5E.CfI(JN #, 'C~SHIP:J9 sOOTH. lfJ.NCC /6 EAS~
PiIl'llUS CWNrr. FLol'i!IM. NIt) RIJN II(Sr. ALftNf) THr IIfStCJ~X
f/(J/jN(JA/iY rF 5A!f1 ~C""" I. ,4 DtSt A f'(1NT OF rflUlSl:CTJ(iV Vrf7H flit
swfHfM 'f RlCHT OF ~I' LINE OF 11(1 HU): THENCE fJEPAltflrlG 1HC
.WC IIfS m , SOtI1HER!y ~1 OF !fA r tmf. A
flfSfNICE r LIlE (tIN(; >>If! BE1NC 21,30 FEET
CAsT CJf PaNT OF fN~cn~
ALSO llEJN(; THl PanlT fJF B(gNNJNC rF 1H! HfREJN ~ PARt:fl: !HEJWX CCNTlNIJ[ SOOffi
fAN<< rF 1Ab9 FEf1 10 A POiNT
rF N(lJ IWWJJ:t IItffi SAID
1HlRt r f/(QiT rF lII4 r UNf. Sf)J ffi
OO'05:U" er. AlONe SNQ P~.4Ltl1 WE; A fJlS1AN!:f !IF 666.12 n:n; rHtR<< (J(PNfT/N(; SAD
fA,R,t(t[L t.H:. 11M I'H B'J'Snfj T OF INftNS(CTtON 'M m
1IC ArQt/tSAI() JlE51f1i't r US!, M.eN: SAKI
~ r PtX>>if)ARY, .. (NSfAJa OF 20.00 rttr: lfRty fJOIJIIf)ARY,
SOOTH 1W~'16iA$r. A txSTANCt or 2J.JO m::r TO A P(JlNf Qf JN1!RSfCm::N ",rit DiE AFOl/fSlllfl
LINt L'(/Nt; NliJ fJEJIJa Il.Jf) FaT (AS'T V AND PAlW1EL M11I 111t lICSJtRt l" 8WNOARr or
SECT/()N 4, 7HfIa NfYl7H OOl)5'J4' (ASF. At ON(; SAJ{) fiAtMttIL UItIf. A DfSTAPC! tIf 641f5lf rttl
fa THE PfJINT or ~
cmfAJMNC IJ.779 sQfJANE FErr OR CWf J.0'if5; !I(IRC OR lESS,
C(NfRAL /i{CTfS:
"liS txM'IrfNC, RfPRfS{N/S A [][S~f1ON 5tK{(f;H ,11m IS Nor II BOtINDNlr MIO:
THJS Sf(ITCff /,II. r HA ',f: fiID/ IitllUtED IN !!Ill ey Rl'f'R(;JIJIJtf1(jt, mt5 ~sr R( Cf)f{!!IDEREiJ )t!t(/Il
08fNNo'tfO SCMElJ INfORUA /1(jt
/HE: lEAL iJ{SI;li!PlOf IfiCU.tDW M/H lHtS Si(IT('J( WAS PRtPAllftJ fir 1HE 1Jh'()[J/Slt.it'f{() Stmltftm
ANO A/N'P!RAT lHf RfOllfSr rF /Hl' CtfJt[
AlL Bl!Ji1NC$ SHOI/H !+tfWN AJ/f RfffRENCtlJ m IJf A~ fM /tIJl RUfflOIct: BEARNl<: tfR
mt5 SKETCff IS mt: KST l1Nf or srCilt>>l f-19.16 IIf!lQ1 ~s AN ASSWW (J{A/lING (If NOH7H
oo~:,w EASe
/HIS S/((lC11 CQNSif$l$ or MJ (2) $IlfffS A.1/J) CA()J SJlCCI' IS ~t:1! 'fIfTHOOT 1Ht t)TH(RS
PROPflftf. IIfJNi./MtNTA1'If:X>I WAS NOrsrr IN ASSOCtATtON 'fifTH 11f! pff(fiAflATION or r;os
SKI'TefL
tI/iIllSS 1hfS SKetcH BfAR5 THf ORIaNA!. SJ(;IIA f/Jf/[ mJ ElRJOSSEI} tHstD SEAl or 1H! Rl)IMJA
UctNSf1) !WIflOOR AND IiAPf'(Jt $ fA 7ft) ABO~ 1ItlS SKl fr:n /$ (OR ~A I1t.WAL F'IJRPOSfS
fN. r ANI) IS NOT v.4Llll,
..
.~&CREED
13&S tlaml.' ~.
t:l_~..trr. F!Gritfo. ):s7M
P/;~", (12n."l-11116, fo" (nrl40h:ul;H
<:cruI1."l. ,,{ ""Ihi;ftNliI<>n "0, LlI115"
1111.,,,.1 SIte;; !lttp: 11_,mckht",Md._
EXHIBIT Hel'-EASEMENTS
PAGE 3 OF4
fJfSCRlP71ONSKETCH-NOT A SURVEY
Pinellas County, Florida
,
PO/NTOF COIJl/fNctMENT
NE CCfJNtR. OF
SFCQ s...7!H$
UNION STRW (C.R. 194) l
---lil.......
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PROPOSCf) Pi1MP
STA I'ION sar
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t:.R. : t:rJ(JNtl! fi:(WJ
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2O.fJO'
SOO/lIf.it.~~IM'or.r.:cI~ ~Ijr l/f-;J
(FSff:~ j-n.I6
.IvR<IIvI&CREED
13D~ Homlot A_w.
et_,...,. A...ldo, 3]156
"""",,., (727)447-l1ga. rQ;w; (n1~61-J621
C...UIi...,.. 0' Aull..'''t."... H.. LIl55GI!
,...tom.t SIb>; ~"p:II....... ...o:J<lrtt~...d......
POINr or B!G!N}(ING
PROPOSED 2ft lJIDf
ACC(S$ EASEJJENT
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City Council
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Tracking Number: 1,016
Actual Date: 12/16/2004
Subject / Recommendation:
Approve the applicant's request to vacate the east 240 feet of the 40-foot right-of-way of State
Street,(adjacent to 1312 State Street), subject to retaining a drainage and utility easement over
the full width thereof, and pass Ordinance Number 7370 on first reading, (VAC2004-18 Reichel),
Summary:
The applicant is seeking this vacation in order to expand the adjacent property to the north and
proposes attached dwelling units and landscaping for use of the right-of-way if it is vacated.
Progress Energy, Verizon, Bright House and Knology Broadband have no objections to the
vacation request provided that a drainage and utility easement is retained.
Public Works Administration has no objections to the vacation provided that a drainage and
utility easement is retained over the full width of the right-of-way to be vacated.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 11/28/2004
12/05/2004
Financial Information:
Review Approval
Glen Bahnick
Frank Gerlock
11-23-2004 09:50: 16
11-24-2004 09:50: 17
12-02-2004 16:08:21
11-23-2004 09: 55: 28
12-03-2004 13:50:52
11-23-2004 13:30:02
12-01-2004 13:58: 15
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Garry Brumback
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Vacation Requested
By Applicant
STATE ST.
26
240'
19
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City of Clearwater, Florida
Public Works Administration/Engineering
1~::04 City of Clearwater Vacation V~~;O~8
Drawn By Clearwater Villa e L.C. Sheet
S.K. Vacate State Street From 2 of 2
Checked B The Southery Extension Of Sec-Twn-Rng
S D 03-29S-15E
G~/~ # The West Property Line Ordinance
2518 Of Lot 10. 7370..05
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City of Clearwater, Florida
Public Works Administration/Engineering
City of Clearwater Vacation DWG. NO
Clearwater Vii/a e L.C. VAC 2004-18
Sheet
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Sec- Twn-Rng
03-29S-15E
Ordinance
7370-05
Vacate State Street From
The Southery Extension Of
The West Property Line
Of Lot 10.
~" EN6 - z.
ORDINANCE NO. 7370-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE EAST 240 FEET OF THE 40-
FOOT RIGHT-OF-WAY OF STATE STREET, SUBJECT TO
A DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bernard K. Reichel, Jr., owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way 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:
East 240 feet of the 40-foot right-of-way of State Street
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
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
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7370-05
City Council
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Tracking Number: 1,032
Actual Date: 12/16/2004
Subject / Recommendation:
Deny a development agreement between K & P Clearwater Estate, LLC (the property owner) and
the City of Clearwater and deny Resolution No. 04-39.
Summary:
The subject site is 2.739 acres (including First Street and a portion of South Gulfview Boulevard
rights-of-way; excluding new Second Street right-of-way and a portion of Coronado Drive) and is
located at 100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard. The
Community Development Board (CDB) recommended denial, at the developer's request, at their
meeting on October 19, 2004. See attached memorandum for additional information.
Originating: Planning
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 12/16/2004
Financial Information:
Review Approval
Cvndi TaraDani
12-03-2004 14:45: 12
Garrv Brumback
12-06-2004 09:53: 18
Pam Akin
12-03-2004 16:39:06
Bill Horne
12-06-2004 11:50:59
Cyndie Goudeau
12-06-2004 15: 12:45
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Interoffice Correspondence Sheet
TO:
BILL HORNE, CITY MANAGER
FROM:
CYNDI TARAPANI, PLANNING DIRECTOR
RE:
K&P CLEARWATER ESTATE, LLC
PROPOSED DEVELOPMENT AGREEMENT
DATE:
NOVEMBER 29, 2004
K & P Clearwater Estate, LLC has purchased the Days Inn property formerly owned by
Antonios Markopoulos. The new development entity submitted three applications including a
site plan, vacation! dedication of rights-of-way and a development agreement. The status of each
application is described below along with the staff recommendation on each matter. Review and
action by the City Council on the Development Agreement and street vacation requests are
scheduled for the December 16, 2004 meeting.
Site Plan Status
On August 17,2004, the Community Development Board (CDB) approved a flexible site
plan application for a resort hotel, its accessory uses and residential condominiums.
Subsequently, the City requested that the CDB reconsider its decision for the sole purpose of
adding the requisite conditions to the original approval. On September 21, 2004 the Community
Development Board agreed to reconsider its approval and scheduled that reconsideration for
October 19,2004. At that meeting of October 19, 2004, the CDB amended its approval to attach
three conditions to the approval making the site plan approval contingent upon three future
decisions ofthe City Council:
. approval of a development agreement,
. approval of the vacation of rights-of-way (a portion of Gulfview Boulevard and
all of First Street) and dedication of rights-of-way by the developer (new Second
Street on southern end of site) , and
. approval of a land exchange, trading a portion of the City's northern right-of-way
of Gulfview Boulevard for new right-of-way along Coronado Avenue. The land
exchange is now part of the Development Agreement (Section 5.03.6 and Exhibit
L).
Vacation/ Dedication of Ri2hts-of-wav Status
There are two pending ordinances to vacate right-of-way, one for Gulfview Boulevard
and one for First Street and both are scheduled for first reading at the December 16, 2004 City
Council meeting along with consideration of the Development Agreement.
The vacating of First Street will allow consolidation of the entire site without any
intervening vehicular way. Theoretically, elimination of an intervening right-of-way can
facilitate a more effective site plan. However, in this instance, vacation of First Street has
assisted in the creation of a form and design that overpowers both the site and surrounding area
and also does not meet the design guidelines of Beach By Design.
Development A2reement Status
The Development Agreement was first heard by the CDB on August 17, 2004 along with
the flexible site plan application. At that meeting, the CDB continued the Development
Agreement, with the developer's consent, for one month to address two outstanding issues: to
insure that the 50 year license agreement for the bridge was in compliance with the City Charter
and to attempt to increase the public parking in the project. The Development Agreement was
heard again by the CDB at its September 21, 2004 meeting. The new owner, K & P Clearwater
Estate, LLC, through their representative Patrick O'Connor, requested a continuance of one
month to allow the new owner to assess the Development Agreement and the CDB continued the
item to its October 19, 2004 meeting.
At the October 19, 2004 meeting of the CDB, the developer's representative asked the
CDB to deny the Agreement since it was not complete. The developer did not propose any
changes to the development agreement from that submitted. At its October meeting, the CDB
did recommend denial of the Development Agreement as written.
Several drafts of the Agreement have been presented to the City staff to revise some
sections; however, there remain significant issues on which the City staff and developer do not
agree. These major areas of disagreement are outlined below with the relevant section(s) of the
Development Agreement noted.
1. Allocation of Density Pool Units
The Development Agreement requires that the project consist of a minimum of 350
hotel rooms up to a maximum of 450 hotel rooms. The Agreement also allows that
residential use may be included in the project pursuant to a conversion rate from hotel
rooms to residential units on the basis of four hotel rooms for every three residential
units (same conversion rate as in the Tourist zoning district) (Section 2.03.1c and d).
The developer currently has 200 hotel rooms on the site and this nonconforming
density and use was approved by the CDB as a Termination of Nonconforming Use.
Based on that approval, the developer converted 100 of his existing hotel rooms to 75
condominium units. The remaining existing 100 hotel rooms are proposed to be
- 2 -
added to the requested 250 hotel rooms from the density pool to create a hotel with
350 rooms total.
The site plan approved by the CDB approved the project consisting of those uses: 350
room hotel with its accessory uses and 75 residential condominium units. However,
it should be noted that the CDB's approval of the site plan is contingent upon the
Council's approval of an Agreement that allocates the density pool hotel units. It is
acknowledged in the Agreement that any combination of hotel and/or residential use
other than that previously approved by the CDB will require a subsequent approval
by the CDB (Section 2.03.ld).
The request under consideration by the City Council is to approve or deny the
allocation of 250 hotel rooms from the Beach density pool. Although the City
desires to encourage revitalization of the Beach as contemplated in Beach by Design,
the number of units requested by this project along with the residential component of
the project has resulted in a design that does not meet the design guidelines of the
Beach plan. Therefore, the City does not recommend the allocation as requested and
believes that this forms one of the major reasons for denial of the Agreement. The
City would contemplate a revised project that reduces the size and scale of the project
and meets the design guidelines of Beach by Design. It is expected that significant
changes in both the design and scope of the project (measured by the number of hotel
units and/or residential condominium units) would be necessary to meet the
guidelines.
2. Pedestrian Bridge across Gulfview Boulevard
The developer proposes a pedestrian bridge that spans Gulfview Boulevard and
connects the hotel project with the beach. The Development Agreement refers to the
bridge as "Pedestrian Access Improvements" (Section 2.03.1 e, Item 24 in Definitions
Section and Exhibit H). On the hotel side, the bridge lands on the sidewalk with an
outside stairway; in addition, hotel guests may access the bridge from the second
level of the hotel. The City objects to the pedestrian bridge for several reasons. In
general, the City does not support the concept of a pedestrian bridge due to the
potential for this structure to block views along Gulfview Boulevard and the potential
for additional requests for bridges that could clutter the visual appeal of Gulfview
Boulevard.
Specifically, the City does not support this bridge as proposed by the developer due to
its beachside landing and the conflicts created with the City's lifeguard building. The
City structure currently houses the lifeguard station! office as well as the parking
collection facility for the Pier 60 parking lot. According to the proposed plans, the
proposed bridge landing is extremely close to if not adjacent to the City's building
which will create difficulties in retaining the existing building and accommodating
- 3 -
the new bridge. The City requested that Post Buckley Schuh & Jernigan, its design
consultant for Beach Walk, evaluate the effect of the proposed bridge on the City's
building. Post Buckley responded on November 19, 2004 as follows:
"If the Patel development continues with its plan to develop a bridge from
its hotel development to the Lifeguard building, the existing building will
need to be demolished, because there is little chance of renovating this
building to accommodate the stairs and elevator needed for the bridge. Once
demolished, the chances of reconstructing this building somewhere else in
the general vicinity, west of the CCCL line and within the VE flood zone,
are slim at best. Furthermore, if the City were able to reconstruct, the
building would be very different in appearance and function due to the
requirement of the VE Flood Zone determination. Finding a location is also
difficult, because Pier 60, the Pier 60 parking lot and the relocated Gulfview
Boulevard greatly limit the possible locations that would be suitable for the
new building."
Mahshid Arasteh, Public Works Administrator, further estimates the cost of
reconstructing the Lifeguard building, if permits could be issued, as $165 to $185 per
square foot for 1,800 square feet for a total estimated cost of between $297,000 and
$333,000. It should also be noted that this estimate is in current dollars and the
estimate should be increased 10% per year for each year construction is delayed.
Finally, instead of recognizing the necessity of CDB approval for a change in the
location of the bridge landing, the Agreement proposes to make this change a minor
change not requiring the review by the CDB (Item 24 of the Definitions Section). The
authority for site plan review rests with the CDB not the City Council; therefore, this
provision is a violation of the City's Community Development Code. In addition, the
Agreement proposes that the Developer and City staff would agree to a bridge
location within 30 days after approval of the Agreement. There have been many
previous attempts to negotiate an acceptable location with the developer, and all to no
avail thus far. To postpone agreement on this important issue which has many
connections to other design issues of the project until after approval of the Agreement
is neither logical nor appropriate.
Clearly, the uncertainties in reconstruction coupled with the developer's refusal thus
far to relocate the beachside landing of the bridge to a location agreeable to the City
creates an unacceptable situation. Therefore, the proposed bridge forms the second
major reason for staffs recommendation of denial ofthe Development Agreement.
-4-
3. Public Parking within the Proiect
The CDB-approved site plan includes 15 parking spaces open to the public and
located on the first floor of the structure, accessed from the garage entrance on new
Second Street. These spaces are in addition to the parking required by the
development and would be operated by the developer as paid parking spaces on a
first-come first-serve basis. Through the pending development agreement, the
developer proposes to increase the public parking from 15 to 100 spaces (Item 29 of
the Definition and Section 2.03.1a). However, the developer has not provided revised
site and building plans to detail the location of these spaces. Since no definition of
the proposed spaces has been provided by the developer, it is also unclear whether
this proposal results in an actual net increase of 85 spaces or whether the proposal is
merely a re-allocation of the use of the same number of parking spaces, i.e., defining
the spaces as "public spaces" that are the required spaces for either the hotel or
residential use or both.
If the developer intends to provide an actual increase in the public spaces, it is
expected that significant changes to the parking layout will be necessary to
accommodate these additional 85 spaces. Since no revised plans have been
submitted, it is unclear if the 100 public parking spaces can still be located on the first
level of parking. Currently, all parking for the residential condominium units are also
located on the first floor which eliminates the need for the residents to use the car
elevators; rather the residents accessing their parking directly via the Second Street
garage entry. It is unclear if the residents' parking will remain on the first level or be
relocated to another floor, necessitating the use of the car elevators for 150 additional
cars than originally approved and evaluated.
The staff remains concerned about the size of the porte cochere/entryway to the hotel
and is increasingly concerned if an additional 150 cars will now use this limited area
for access to the car elevators and garage. The CDB approved stacking spaces for the
hotel portion of the development only. If a net increase in parking is proposed, it is
expected that additional stacking spaces will be needed for the residential portion of
the project which requires a new CDB review and approval, since stacking spaces are
not code-compliant.
It should also be noted that the developer has proposed a "Parking Protocol" which
establishes the operation of parking and access for hotel guests, public parking and
residents' parking (Section 5.05.4 and Exhibit 0). The Parking Protocol requires the
hotel management to use an adequate number of valets to handle traffic volumes, to
close the porte cochere when full to capacity, to provide written directions to visitors
to the Second Street garage entrance, and to require hotel event planners to encourage
the use of the Second Street garage entrance by event/meeting attendees. While all of
the provisions of the Parking Protocol are logical efforts to manage traffic, the design
of the porte cochere and the use of car elevators have the effect of making the project
more reliant on operations rather than on an effective access and parking design. This
almost total reliance on operations that may vary with different hotel owners or
- 5 -
managers is a tenuous situation and the staff remains concerned about the potential
for traffic to backup into Gulfview Boulevard or Coronado Street. The City is also
opposed to the developer's proposal in Section 5.05.4b that eliminates the
requirement for valet service as described in the Parking Protocol, Exhibit 0, if the
CDB eliminates the need for a valet service. This provision has the effect of
amending the development agreement through CDB action; clearly, the only
allowable mechanism in the City code to amend the Development Agreement is
through City Council action.
Finally, instead of recognizing the necessity of CDB approval for the changes to the
parking layout in the garage, the Development Agreement states that the Developer
"may" seek the approval of the CDB for the changes in parking and access.
Therefore, the site plan attached to this Development Agreement is not the final
version of the site plan since the staff believes that most if not all parking alternatives
will require additional review by the CDB.
In summary, the provision to circumvent the CDB's review of a revised parking
layout and the lack of certainty about the project's ability to meet its parking demands
form the third major reason for the staffs recommendation for denial of the
Development Agreement.
4. Other Maior Provisions of the Development Agreement
There are other major provisions in the Development Agreement that should be noted
and they are listed briefly below along with a reference to the section of the
Development Agreement.
. Length of the Agreement: 10 years (Section 16.18)
. Length of Approval of Density Pool Units: In order to retain and use the 250 hotel
units from the pool, the developer must EITHER pay his fair share for Beach
Walk no later than 2 years from the Effective Date of the Agreement or the
project's Commencement Date must be within three years from the Effective Date
of the Agreement. If one of these dates is not met, the allocation of the hotel units
shall expire. The Commencement Date is defined as the date that the Developer
commences construction on the foundation or other structural element of the
project. Per Florida Statute, the Effective Date is 30 days after receipt of the
Agreement by the State Department of Community Affairs. (Section 3.01.3 and
Definition Section)
. Ouality Standards: The project may be either a four-star, four-diamond rating
from AAA or the Mobile Travel Guide or a three-star, three-diamond rating with
additional amenities as shown in Exhibit B-1. If the project elects the four-star
rating, no further City monitoring is required. If the project elects the three-star
plus amenities rating, then the City has the right to monitoring and enforcement
proceedings for the life of the Agreement. (Section 2.03.5 and Exhibit B-1).
- 6 -
. Beach Walk Payment: The developer will pay his pro rata share of the
construction cost of Beach Walk based on the frontage of the project as a
proportion of the entire road project. If the City commences construction of
Beach Walk prior to the developer's application for the first building permit, then
the Developer must pay his fair share prior to issuance of a building permit. The
Developer's fair share may be in the form of a letter of credit, trust account or
escrow facility. If the Developer is ready to commence construction prior to the
City beginning Beach Walk, then the City must solicit bids within 45 days of the
Developer's notification that he intends to construct and the fair share is due to
the City upon award ofthe construction contract. (Section 5.05.7)
It should also be noted that the City is required pursuant to Section 5.05.7c to
require any developer fronting on Beach Walk and who requests hotel units to pay
its fair share for those improvements. The only other project that currently meets
these two requirements is the Taub/Hyattt project whose recently approved
Development Agreement also requires them to pay their fair share of Beach Walk.
. Land Exchange: The City will exchange a portion of South Gulfview Boulevard
along the north property line of the site for the Developer's property of additional
right-of-way along Coronado Drive. (Section 5.03.6 and Exhibit L)
. Relocated First StreetlNew Second Street: Upon the City's vacation of First
Street, the Developer shall construct new Second Street including pavement,
sidewalks and streetscaping. It should be noted that the vacation of First Street is
not effective until the Developer commences construction of the project. (Section
5.05.3 and Exhibit N)
In summary, the City Administration recommends denial of this Development Agreement as
presented for the reasons cited above in detail:
. The Allocation of hotel units from the density pool creates a design and form that does not
meet the intent and design guidelines of Beach by Design.
. The Developer proposes a beachside landing to pedestrian bridge that creates a major
conflict with the City's lifeguard building and the Developer has refused to relocate the
bridge. Further, the Developer proposes relocating the bridge after approval of the
agreement without the requisite review by the CDB.
. The Developer proposes an increase in the approved public parking from 15 to 100 spaces
without agreeing to the required review by the CDB nor has he detailed the related changes
to the site plan which are expected to result in unanticipated effects on the access and
parking for the project. It is also unclear whether this proposal results in a net increase in
the number of parking spaces or whether the proposal is merely a re-allocation of the use of
the same number of parking spaces.
- 7 -
cc: Garry Brumback, Assistant City Manager
Pam Akin, City Attorney
Mahshid Arasteh, Public Works Administrator
Geri Campos, Economic Development and Housing Director
Margie Simmons, Finance Director
- 8 -
L_
-~'.q.L1
LIST OF REDLlNES
Page No.:
Text change:
2
"Revised Project Description................B-2 (should be B-1)
(Exhibit List)
6
Definition of "Project" "... and modified as shown in Exhibit
B-1"
8
"Developer shall take all required steps to obtain the
appropriate approvals from the City to modify the preliminary
plans show on Exhibit B to effectuate the modified design
shown on Exhibit B-1"
9
(c)
Exhibit B-2 (changed from Exhibit B-1)
10
5(b) "B-2", 5(c) "B-1"
5.05(1) "B-2"
15
16
In order to insure that the Public Parking Spaces are
properly accounted for, the Developer shall (i) implement
one or more procedures to determine whether parking
patrons utilizing valet service are condominium residents,
hotel guests, or members of the general public and (ii)
maintain records sufficient to demonstrate that the Public
Parking Spaces have been maintained for public use as
required by this Agreement.
Exhibits
Add Exhibit N
L
AGREEMENT FOR DEVELOPMENT OF PROPERTY
between
THE CITY OF CLEARWATER, FLORIDA
and
K & P CLEARWATER ESTATE, LLC
Dated as of
,2004
EXHIBITS
Legal Description of Developer's Property A
First Street Dedication,
And Relocated Coronado A-I
Vacations of Rights of Way A-2
Project Description and Preliminary Project Plans B
Revised Proiect Description B-2
Hotel Quality Standard B-2-1-
Project Site C
Coordinated Design of South Gulfview
and Beach Walk Improvements D
Declaration of Covenants and Restrictions E
Covenant Regarding Hurricane Evacuation
& Use and Occupancy of Resort Hotel F
Required Permits and Approvals G
Pedestrian Access Improvements H
[Intentionally Omitted] I
Covenant of Unified Use J
License Agreement K
Contract for Exchange of Real Property L
South Gulfview and Beach Walk Improvements Schedule M
Representative Cross Section of Relocated
First Street
N
Parking Protocol
o
2
THIS AGREEMENT for Development of Property (together with all exhibits, modifications and
amendments, this "Agreement") is made as of this day of , 2004, by and
between THE CITY OF CLEAR WATER, FLORIDA, a Florida municipal corporation (the "City"),
and. K & P CLEARWATER ESTATE, LLC, a Florida limited liability company (the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community revitalization effort for
Clearwater Beach;
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the
revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements
along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed
improvements are known as Beach Walk;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition
and re-establish Clearwater Beach as a quality, family resort community and further provides for a
limited pool of additional hotel units ("Hotel Unit Pool") to be made available for such projects;
WHEREAS, because increased residential density on barrier islands is a critical concern under
Florida law, Beach by Design limits the use of the Hotel Unit Pool to overnight accommodations
and limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the operation of a proposed
project as resort hotel operating under a national or international "flag" or other comparable
marketing affiliation or program;
WHEREAS, the Developer proposes to develop a resort hotel and mixed use project on certain
property fronting on South Gulfview and, subject to the mutual promises set forth ofthis Agreement,
has proposed to include in that project one hundred (100) parking spaces for use by the public as a
replacement for the on-street parking spaces removed from South Gulfview in front of the project in
connection with the relocation of South Gulfview as contemplated by this Agreement;
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the project contemplated by this Agreement in accordance with the goals and
objectives of Beach by Design;
WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter
163.3220 Fla. Stat. (2003) and any other applicable law;
3
WHEREAS, the City has determined that, as ofthe Effective Date ofthis Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, the City has conducted public hearings as required by S 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on , 2004, the City Council approved this
Agreement and authorized and directed its execution by the appropriate officials of the City;
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's
goals of enhancing the viability of the resort community and in furtherance of the objectives of
Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to
execute this Agreement on Developer's behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as
herein otherwise expressly provided:
1. "Additional Hotel Units" means the two hundred and fifty (250) hotel rooms from the
Hotel Unit Pool established by the City pursuant to Beach by Design, which are allocated to
Developer by this Agreement for use in the Project.
2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach
dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the
Pinellas County Planning Council's Rules for the designation of a Community Redevelopment
District, as amended through the Effective Date.
3. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
4. "City Council" means the governing body of the City.
5. "Commencement Date" means the date on which the Developer commences or causes a
contractor to commence construction on the foundation or other structural element of the Project.
6. "Completion Date" means the date on which the final certificate of occupancy required for
the Project is issued, which issuance shall not be unreasonably withheld or delayed.
4
7. "Residential Condominium" means that portion of the Project containing Residential
Units, together with any common elements within the Project intended solely for the use of the
residents of such Residential Units, their guests and invitees.
8. "Residential Units" means those individual residential condominium units and
entitlements therefor which are part of the Residential Condominium but shall not include Hotel
Units regardless of the form of ownership.
9. "Hotel Unit Pool" means that hotel unit density pool created by the City pursuant to Beach
by Design.
10. "Developer" means, K & P Clearwater Estate, LLC, and its successors and assigns (see
Article 18).
11. "Developer's Property" means those properties owned by Developer on the Effective
Date of this Agreement, which properties are more particularly described in Exhibit A to this
Agreement.
12. "Developer's Pro Rata Share" means Developer's pro rata share of the Net Cost of
South Gulfview and Beach Walk Improvements, as calculated in Article 5.
13. "Effective Date" means the date this Agreement is signed by all parties.
14. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments,
forms of instruments, and other documents attached and designated as exhibits to this Agreement,
which are hereby incorporated herein and made a part hereof by reference.
15. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms
currently existing on the Developer's Property.
16. "Expiration Date" means that date ten (10) years following the Effective Date on which
this Agreement automatically expires.
17. "First Street Dedication" means that dedication by Developer to the City of a portion of
the Developer's Property of approximately sixty (60) feet in width, as more fully described on
Exhibit A-I hereto.
18. "Hotel" means that resort hotel, which is part of the Proj ect, containing at least three
hundred and fifty (350) hotel rooms and a maximum of four hundred and fifty (450) hotel rooms,
together with amenities and common areas located on the Project Site, but excluding the portion of
the Project which is the Residential Condominium.
19. "Hotel Units" means the Existing Hotel Units, plus the Additional Hotel Units.
5
20. "Land Exchange" means that property exchange to occur on the terms and conditions set
forth in Exhibit L hereto.
21. "License" or "License Agreement" means that license granted to the Developer to allow
the construction, operation, maintenance, repair, replacement and other matters concerning or
affecting the Pedestrian Access Improvements substantially in the form of Exhibit K hereto.
22. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
23. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the
South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable
funds from sources other than the City (other than any fair share or pro rata payments made by the
owners of other properties which front on South Gulfview).
24. [ALTERNATE IF CITY COUNCIL ACCEPTS CURRENT DESIGN.]"Pedestrian
Access Improvements" means that proposed pedestrian bridge originating on the Project Site,
passing over South Gulfview and landing on the beach west of South Gulfview, (the "Bridge"), as
depicted in Exhibit H, which Bridge shall be dedicated to and owned by the City.
[AL TERNATE IF CITY COVCIL DOES NOT ACCEPT CURRENT DESIGN.]
"Pedestrian Access Improvements" means a proposed pedestrian bridge designed substantially as
depicted on Exhibit H, originating on the Project Site, passing over South Gulfview and landing on
the beach west of South Gulfview, (the "Bridge"), at a location (i) agreed to by City Staff and the
Developer within thirty (30) days after the Effective Date, or failing such agreement, (ii) as may be
approved by City Council. If this change in location of the Pedestrian Access Improvements from
that shown on Exhibit H is considered by the Community Development Coordinator as constituting
other than a "minor revision" as defined in Section 4-406.A. ofthe Community Development Code,
then City Staff is directed to advise the CDB that the City Council (i) has determined the Bridge to
be in the public interest, (ii) requests that the relocation of the Bridge be approved by the CDB but
(iii) recognizes that it is in the discretion of the CDB whether to approve the change in location."
25. "Permits" means all land development approvals and consents required to be granted,
awarded, issued, or given by any governmental authority in order for construction of the Project, or
any part thereof, to commence, continue or be completed.
26. "Plans and Specifications" means, as to each part ofthe Project to be developed, the site
plan for that part of the Project to be developed, filed with the City as required by governing land
development regulations ("Land Development Regulations") for the purpose of review and approval.
27. "Project" means, collectively, development of the Project Site as a Hotel together with
accessory retail and restaurant uses and Residential Condominium which is proposed by the
Developer as described in this Agreement and in the preliminary plans therefor which are attached
hereto as Exhibit B and modified as shown on Exhibit B-1.
6
L
28. "Project Site" means the land area which includes the Developer's Property, as modified
by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is
generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by
the southern boundary of Relocated South Gul:fview, (c) on the south by the northern boundary of
Relocated First Street, and (d) on the west by the centerline of existing South Gulfview, which site is
more particularly described on Exhibit C.
29. "Public Parking Spaces" means one hundred (l00) parking spaces to be provided by
Developer in the Project for use by the general public as described more fully in Paragraph 2.03(1) of
this Agreement.
30. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way
approximately seventy-eight (78) feet in width to be contiguous to and running north to south along
the east boundary of the Proj ect Site, as situated following the Land Exchange, as depicted in Exhibit
A-I to this Agreement.
31. "Relocated First Street" means that proposed three (3)-lane, two-way public road
approximately sixty (60) feet in width to be contiguous to and running east to west along the south
boundary of the Project Site between Coronado and South Gul:fview, the location of which is
depicted on Exhibit N hereto.
32. "Relocated South Gul:fview" means that two (2)-lane, two-way public right of way
approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north
to south along the west boundary of the Project Site and running east to west along the north
boundary of the Project Site, as situated following the realignment of South Gul:fview as a result of
the South Gul:fview and Beach Walk Improvements.
33. "South Gul:fview and Beach Walk Improvements" means (a) the proposed realignment
and construction of South Gul:fview as a two (2) lane, two-way road approximately twenty-eight (28)
feet in width and associated improvements ("South Gul:fview Improvements") and (b) the
construction of a promenade, a bicycle/skating path, a beachfront pedestrian path ("Beach Walk
Improvements") as shown on Exhibit D hereto.
34. "Vacations of Rights of Way" means the abandonment by the City in favor of the
Developer in furtherance of the goals and objectives ofthe Comprehensive Plan, of (a) the existing
right-of-way of First Street between the western boundary of the existing right of way of Coronado
and the centerline of the existing right of way of South Gul:fview ("First Street Vacation") and (b) the
eastern half of the existing right-of-way of South Gul:fview contiguous to the Developer's Property,
which abandonment is anticipated to result in the addition to the Developer's Property of a parcel
thirty-five (35) feet wide running along and contiguous to the western boundary of the Developer's
Property to facilitate development of the Project ("South Gul:fview Vacation"). Such parcels to be
abandoned are more particularly described on Exhibit A-2 hereto.
1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed
to include correlative words of the feminine and neuter genders. Unless the context shall otherwise
7
indicate, the singular shall include the plural as well as the singular number, and the word "person"
shall include corporations and associations, limited liability companies, partnerships, any other
business entity of a type recognized by law, including public bodies, as well as natural persons.
"Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement as a whole and not solely to the particular paragraph or section in which any
such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed Project, including the design,
construction, completion and operation of the Project, and each part thereof, is hereby found by the
parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive
Plan of the City, (2) to conform to the provisions of Florida law, (3) to be in the best interests ofthe
citizens of the City, (4) to further the purposes and objectives of the City, including without
limitation, the addition of resort hotel rooms adjacent to the beach providing for transient occupancy
pursuant to the standards established hereunder, (5) to further the public interest on Clearwater
Beach, and (6) to implement Beach by Design for South Gulfview, including the implementation of
the South Gulfview and Beach Walk Improvements and the Pedestrian Access Improvements to be
constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose ofthis Agreement is to further the implementation of
Beach by Design by providing for the development of the Project Site and to provide for the
construction of certain public improvements, all to enhance the quality oflife, increase employment
and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance
with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by
and in accordance with the provisions of Florida law.
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking, resort hotel, restaurant,
retail uses and appropriate accessory uses, and Residential Condominium and shall be developed in
substantial conformity with the preliminary plans of development which are attached as Exhibit 8. as
modified by Exhi bit B-1. The Developer shall take all required steps to obtain the appropriate
approvals from the City to modify the preliminary plans shown on Exhibit B to effectuate the
modified design shown on Exhibit B-1. The Project Site is within a "Community Redevelopment
District," pursuant to the Pinellas County Planning Council's Rules, which authorizes an increase in
hotel unit density pursuant to the provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - Developer shall provide the Public Parking Spaces as part of
the Project. In addition, the Developer will make parking spaces within the Project available to the
public on a space available basis.
8
b. Private Parking - The Developer shall provide at least that number of private
parking spaces for use in connection with the Project as required by the City's Land Development
Re gulations.
c. Hotel- The Hotel shall include at least three hundred and fifty (350) hotel
units and no more than four hundred and fifty (450) hotel units, a minimum of twenty thousand
(20,000) square feet of Meeting Space and other amenities accessory to the Hotel, including, but not
limited to restaurants, bars, exercise and spa facilities, outdoor recreation space, storage, back office
and administration areas and other functional elements related to the Hotel, including not more than
thirty-seven thousand (37,000) square feet of retail/ restaurant floor area. Ofthe hotel units, 250 are
Hotel Pool Units, which shall be required to be submitted to a rental program requiring that such
units be available for overnight hotel guests on a transient basis for no fewer than 330 days in any
calendar year, subject to force majeure events or renovation activities making such rooms
unavailable for occupancy. In order to assure the high quality resort experience called for under this
Agreement, all such units, as well as the units not representing Hotel Pool Units, shall be operated by
a single hotel operator who shall meet the requirements as to operating standards set forth in Exhibit
B-l-B-2 of this Agreement.
d. Residential Condominium - Those Residential Units permitted pursuant to
the formula for conversion of Existing Hotel Units to Residential Units set forth below, together
with any common elements dedicated to the sole use of residents of the Residential Condominium.
Existing Hotel Unit Conversion Formula: Developer shall be entitled to convert Existing
Hotel Units to Residential Units in a ratio of four (4) Existing Hotel Units to three (3)
Residential Units. Thus, for example, Developer may elect to build three hundred and fifty
(350) Hotel Units and seventy five (75) Residential Units within the Project, instead of four
hundred and fifty (450) Hotel Units.
The Developer has received Flexible Development approval to build three hundred and fifty (350)
Hotel Units and seventy five (75) Residential Units (the "HotellResidential Unit Composition")
within the Proj ect pursuant to a Flexible Development Application. Notwithstanding anything to the
contrary in this Agreement, ifthe Developer wishes to include in the Project a hotel and Residential
unit composition other than the Hotel/Residential Unit Composition, the Developer understands that
it must submit a new Flexible Development Application to request approval of such other
composition.
e. Pedestrian Access Improvements - Those Pedestrian Access Improvements as
described in Exhibit H which is attached to this Agreement.
2. Nothing shall preclude the Developer from developing or operating all or portions of
the Project using any ownership format in any combination, provided such format and combination
are permitted under Florida Statutes, including, without limitation, individual ownership, provided
that the requirements as to availability for transient occupancy and as to a single hotel operator set
forth in 2.03 (1) (c) are satisfied.
9
I
L
3. Up to twenty-five percent (25%) of the Hotel Units, or such greater percentage, if any,
which is permitted by the City's Land Development Regulations at the time of issuance of a building
permit for the Hotel, may be suites with kitchens, including all typical kitchen equipment and
amenities. In addition, partial kitchens or mini-kitchens may be permitted.
4. Notwithstanding any other provision of this Agreement, no occupancy in excess of
thirty (30) days per stay shall be permitted in any Hotel Unit. In addition, no Hotel Unit shall be
used as a primary or permanent residence and each Hotel Unit shall be required to be available to
transient hotel guests and to be operated as described in Paragraph 2.03(1)( c). Prior to the issuance
of a certificate of occupancy for the resort hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in accordance with Exhibit F, limiting the
use and operation of the Hotel Units, implementing this paragraph. Further, Developer shall cause
rentals of Residential Units to be restricted in documentation governing the Residential
Condominium to comply with applicable City ordinances and other laws limiting short-term rentals
in effect at the time the first building permit is issued for the Project, including, without limitation,
Ordinance No. 7105-03
5. As a condition ofthe allocation of Additional Hotel Units pursuant to the designation
of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County
Planning Council's Rules, the Developer shall comply with each of the standards established in
Beach by Design, including:
a. The Hotel shall provide a full range of on and off site amenities for Hotel
guests, including at least one full service restaurant, room service, valet parking, exercise facilities,
pool, meeting areas and access to boating, fishing and golf off site or comparable amenities. Off site
amenities may be provided through a concierge service.
b. The Hotel shall be operated as a national or international "flag" or as part of
another comparable marketing affiliation or program which will ensure support ofthe repositioning
of Clearwater Beach as a resort destination. The parties agree that membership in the American
Automobile Association ("AAA"), the Mobil Travel Guide ("MTG"), or any other comparable
organization approved by the City and maintaining the Hotel in a condition and quality level as more
fully described in Exhibit B-l-B-2 ("Minimum Quality Standards"), shall constitute compliance with
the resort quality standards of Beach by Design.
c. The Hotel shall be of exceptional architectural design and shall be fitted with
high quality finishes and furnishings. The parties agree that the architectural design depicted on
Exhibit B-1 meets this requirement.
d. Prior to the issuance of a final certificate of occupancy for the Hotel, the
Developer shall record a covenant and restriction which is enforceable by the City substantially in
the form of Exhibit E, limiting the use and operation of the Hotel, obligating the Developer to
develop, implement and operate, at all times when the Hotel is open, a trip generation management
program which shall include the provision of non-private automobile access to and from the Hotel
10
for Hotel guests which shall include, at least an airport shuttle and resort-provided transportation to
off-site amenities and attractions.
e. Prior to the issuance of a building permit authorizing the construction of the
Hotel Units, the Developer shall record a covenant and restriction which is enforceable by the City,
substantially in the form of Exhibit F, addressing the use and operation of the Hotel, which is
enforceable by the City, that obligates the Developer to close and vacate all persons (except for
emergency personnel required to secure and protect the facilities) from all Hotel Units within the
Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane
Center which includes Clearwater Beach.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development of the Project and each component thereof is dependent upon the continued cooperation
of the City and the Developer, and each agrees that it shall act in a reasonable manner. Each party
agrees to provide the other party with complete and updated information from time to time, with
respect to the conditions such party is responsible for satisfying hereunder and make good faith
efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out
to the full extent contemplated hereby and the Project is designed, constructed, completed and
operated as provided herein. Further, the parties shall cooperate reasonably with one another to
facilitate, obtain permits for and not interfere with the construction ofthe South Gulfview and Beach
Walk Improvements, as well as construction of Relocated Coronado, Relocated First Street,
Relocated South Gulfview and construction and operation ofthe Project. Provided that Developer
timely complies with the terms of Exhibit L, the requirements for the First Street Dedication, and
pays Developer's pro rata share of the South Gulfview and Beach Walk Improvements, as described
in this Agreement, the City will use reasonable diligence to complete such improvements in front of
the Project on or before the Completion Date.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
1. Land Use Desienation. The Project Site is designated Tourist District in the City's
Land Development Regulations.
2. Amendments to Comprehensive Plan & Land Development Reeulations. The
City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and
Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community
Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning
Council Rules.
3. Grant of Additional Hotel Units. Subject to the terms and conditions of this
Agreement and compliance with applicable law, the City hereby allocates and grants to Developer
from the Hotel Unit Pool the right to build two hundred fifty (250) hotel rooms in addition to the
Existing Hotel Units, making the Project Site eligible to contain a maximum of four hundred fifty
(450) Hotel Units. The allocation of the Additional Hotel Units from the Hotel Unit Pool shall
11
expire and be of no further force and effect unless Developer makes payment of Developer's Pro
Rata Share as provided in Paragraph 5.05 on or before two (2) years after the Effective Date ofthis
Agreement or the Commencement Date occurs on or before three (3) years after the Effective Date of
this Agreement.
3.02. Development Approvals and Permits.
1. Applications for Development Approval. The Developer shall prepare and submit
to the appropriate governmental authorities, including the City, applications for approval of all plans
and specifications necessary for the Project, and, except as expressly provided otherwise in this
Agreement, shall bear all costs of preparing such applications, applying for and obtaining such
permits, including payment of any and all applicable application, inspection, regulatory and impact
fees or charges. The City shall, to the extent possible, expedite review of all applications. A list of
all permits and approvals required to implement the provisions of this Agreement is attached as
Exhibit G. The failure of this Agreement to address a particular permit, condition, or term of
restriction shall not relieve the Developer of the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
2. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining all necessary Permits required for the construction, completion of the Project and its
opening for business. If requested by the Developer and authorized by law, the City will join in any
application for any Permit, or, alternatively, recommend to and urge any governmental authority that
such Permit or Permits be issued or approved.
3. City Authority Preserved. The City's duties, obligations, orresponsibilities under
any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 3.02, shall
not affect the City's right, duty, obligation, authority and power to act in its governmental or
regulatory capacity in accordance with applicable laws, ordinances, codes or other building
regulations. Notwithstanding any other provision of this Agreement, any required permitting,
licensing or other regulatory approvals by the City shall be subject to the established procedures and
substantive requirements of the City with respect to review and permitting of a project of a similar or
comparable nature, size and scope. In no event shall the City, due to any provision of this
Agreement, be obligated to take any action concerning regulatory approvals except through its
established procedures and in accordance with applicable provisions of law.
4. Transportation Impact Fee Credits. The City shall, to the extent authorized by
applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount
of transportation impact fees paid by the Developer to the City which are intended for use by the
City. The South Gulfview and Beach Walk Improvements are described on Exhibit D hereto. To the
extent such credits are lawfully available, the City shall also use its best efforts to secure from
Pinellas County, Florida (the "County") a credit toward Developer's Pro Rata Share, of
transportation impact fees intended for use by and collected by the County in connection with the
Project.
12
3.03. Concurrency.
1. Concurrency Reauired. The parties hereto recognize and acknowledge that Florida
law (specifically, Part II, Chapter 163, F. S., and Rule 9J-5, Florida Administrative Code, collectively
the "Growth Management Act") imposes restrictions on development if adequate public
improvements are not available concurrently with that development to absorb and handle the demand
on public services caused by development. The City has created and implemented a system for
monitoring the effects of development on public services within the City. The Developer recognizes
and acknowledges it must satisfy the concurrency requirements of Florida law and the City's
regulations as applied to this Project.
2. Reservation of Capacity. The City hereby agrees and acknowledges that, as of the
Effective Date ofthis Agreement, the Project satisfies the concurrency requirements of Florida law.
The City agrees to reserve the required capacity to serve the Project for the Developer and to
maintain such capacity until three (3) years following the Effective Date. The City recognizes and
acknowledges that the Developer will rely upon such reservation in proceeding with the Project.
3. Reauired Public Facilities. In addition to the obligations of the City and the
Developer set out in Article 5 of this Agreement, the Public Utilities Department of the City will
provide potable water service and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibility for Preparation of Plans and Specifications. Except as otherwise
expressly provided in this Agreement, the Developer shall be solely responsible for and shall pay the
cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Project.
2. Use of Qualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to
prepare the Plans and Specifications.
ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. The Developer is the owner ofthe Developer's Property and
after effectuation of the Land Swap and First Street Dedication, will be the owner ofthe Project Site.
5.02. Project Site. The Proj ect Site consists of the property more particularly described in Exhibit
C.
5.03. City's Obligations.
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1. Vacations of Rie:hts-of-Wav. Developer shall apply for, and the City Council shall
consider the adoption of an ordinance vacating (a) the First Street Vacation, and (b) the South
Gulfview Vacation, both as described on Exhibit A-2. The First Street Vacation shall be effective
upon the dedication of the Relocated First Street to the City. The South Gulfview Vacation shall be
effective upon: 1) payment of the Developer's Pro Rata Share; 2) the Land Exchange; and 3)
relocation of South Gulfview as provided herein.
2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be
calmed to control speed on that portion of South Gulfview to the north and west of the Project to a
design speed of20 miles per hour.
3. Permits. The City will cooperate and coordinate with the Developer with regard to
all permit applications, including those to state agencies, and will facilitate or expedite, to the
greatest extent possible, the permit approval process.
4. Cafe Seatine:. The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor cafe seating in connection with the Project. In that
connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Pedestrian Access Improvements Approval. Upon request by Developer, the City
shall grant the Developer the ability to construct the Pedestrian Access Improvements and, in that
connection, no later than the Commencement Date, the City shall grant to the Developer a License
Agreement as described in Exhibit K.
6. Land Exchane:e. The City is the owner ofthat portion of South Gulfview abutting
the north boundary ofthe Developer's Property as more particularly described as "Parcell" in the
Contract for Exchange of Real Property attached hereto as Exhibit L. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit L.
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of 9 2.0 1 (d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit L and the Council hereby authorizes execution thereof.
8. Approval of Plans and Specifications for the South Gulfview and Beach Walk
Improvements. The City shall prepare plans and specifications and budgets for the South Gulfview
and Beach Walk Improvements. The City shall make available drafts of such plans, specifications
and budgets to the Developer for review and comment. The City shall consider the Developer's
comments and recommended changes in the plans, specifications and budgets to the extent that the
matter on which the Developer is commenting materially impacts the Developer or the Project. The
City and the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the Project as
provided in this Agreement below, and, for that purpose, the City shall make available to the
Developer copies of the, plans, specifications, and related construction and landscaping contracts,
drawings and schedules finally approved by the City.
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9. Timelv Completion. The City and the Developer recognize the importance of the
timely completion of the proposed Project and of the completion of South Gulfview and Beach Walk
Improvements, and time is deemed to be of the essence. The City considers this Agreement as
overall authority for the Developer to proceed to obtain all required permits, and agrees to implement
a fast-track review, permitting, and inspection program for the Project. The City agrees to use its
best efforts to complete the required public improvements including the widening of Coronado, and
the realignment of South Gulfview and the construction of Beach Walk Improvements along the
boundaries of the Project Site, as provided in Exhibit M (the "South Gulfview and Beach Walk
Improvements Schedule"). The City's utilization of the construction schedule described in Exhibit M
is dependent upon payment by Developer of Developer' s Pro Rata Share (defined herein) to the City
prior to the City awarding the construction contract.
10. Design Coordination. The City agrees to reasonably cooperate and coordinate the
design ofthe South Gulfview and Beach Walk Improvements adjacent to the Project Site, such that
the design of those improvements integrates in a reasonable manner with the Project design. In that
connection, the design shall substantially conform to those concepts depicted on Exhibit D. Without
limiting the foregoing, it is agreed that the City will design the South Gulfview and Beach Walk
Improvements such that pedestrian access from the Beach Walk is elevated in front of the Project to
a level of ten (10) feet NA VD to allow reasonable access points onto the Beach Walk from the
Project.
11. Construction SequenciD1~. To the extent possible, the City shall construct the South
Gulfview and Beach Walk Improvements in a manner and fashion which will not unreasonably
restrict access to the hotels currently existing on the Developer's Property or to the Project Site on or
after the Commencement Date.
5.05. Obligations of the Developer.
1. Development and Operation of the Project. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Hotel which is a component of
the Project, shall contain no less than three hundred and fifty (350) and no more than four hundred
and fifty (450) Hotel Units and shall conform to the Minimum Quality Standard as provided for in
Exhibit B--l-B-2.
2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Relocated First Street. In conjunction with and conditioned upon the Vacation of
First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for
the Relocated First Street, including pavement, sidewalks and streetscaping. Construction of
Relocated First Street shall be completed on or before the later of (i) two (2) years after the Effective
Date or (ii) the issuance of a final certificate of occupancy for the Project described in the Second
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Amended and Restated Development Agreement for Property in the City of Clearwater between the
City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is
attached hereto as Exhibit N.
4. Public Parking Suaces; Parking Protocol The Developer may charge fees to the
public for use of the Public Parking Spaces, on terms and rates which are market..:based and
commensurate with terms and rates which are in effect for comparable beachfront, covered parking
structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees, subject to
taxes and similar impositions generally applicable to such income. Unless robotic parking is
approved as set forth in Paragraph 4.b. below, Public Parking spaces within the Project shall be no
narrower than nine (9) feet and no shorter than nineteen (19) feet, and no two-way aisle shall be less
than twenty four (24) feet in width. The Public Parking Spaces may be provided by Developer by
either of the following means:
a. The Developer shall provide (i) fifteen (15) self-park public parking spaces on
the parking level accessed via Relocated First Street and (ii) eighty-five (85) public parking spaces in
spaces not assigned to Residential Condominium owners, which spaces shall be accessed via, a valet
parking service operated twenty-four hours per day, seven days per week at no cost to the public
other than the Parking Fee ("Parking Service").
b. In the alternative, the Developer may seek the approval of the City's
Community Development Board ("CDB") of an amendment to the Plans and Specifications that
would designate Public Parking Spaces or provide robotic parking, or both such that the Public
Parking Space requirement is met. If this alternative is elected by the Developer, the obligation to
operate the Parking Service shall be terminated if one hundred (100) Public Parking Spaces are so
designated.
c. In addition, as space is available due to seasonal or other fluctuations in
parking demand, the Developer, in its reasonable discretion, will make additional spaces available
for public parking at the Parking Fee, such spaces being accessed via self parking or valet service, as
applicable.
In order to insure that the Public Parking Spaces are properly accounted for. the Developer shall (i)
implement one or more procedures to determine whether parkin~ patrons utilizing valet service ate
condominium residents, hotel guests. or members of the general public and,(ii) maintain records
sufficient to demonstrate that the Public Parking Spaces have been maintained' for public use as
required by this Agreement.
The Developer shall implement the Parking Protocol described on Exhibit O. which shall be
applicable to all parking with in the Project
5 Pedestrian Access Imurovements. The Developer shall have the right but shall not
be obligated to construct the Pedestrian Access Improvements. If Developer elects to construct such
improvements, Developer shall be responsible for their design and construction subject to the review
and approval of the design by the City.
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6. Dedication of Pedestrian Access Improvements. In the event the Developer elects
to build the Pedestrian Access Improvements, the Pedestrian Access Improvements shall be
dedicated to and owned by the City and open to the public and operated in accordance with the terms
of the License Agreement. The public shall have access to the Bridge at the street level on both the
east and west sides of the Bridge. The Developer is not required to permit ingress by the public from
the Bridge into the Hotel, the Residential Condominium or any other portion of the Project or related
amenities on the Project Site.
7. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata
Share, less only the transportation impact fee credits which may be credited against the Developer's
Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows:
a. In the event that the City is able to finance, and notifies the Developer that it
intends to commence construction of all of the South Gulfview and Beach Walk Improvements as a
single proj ect on or before the date of the Developer's application for the first building permit for the
Project, then, prior to the issuance of the first building permit for the Project, upon Developer's
request, the City shall provide the Developer with copies of the South Gulfview Beach Walk
Improvements Plans and all related budgets and construction contracts finally approved by the City
in connection therewith (the "Information Package"), and as a condition of issuance of the first
building permit for the Project, the Developer shall establish a letter of credit, trust account or
escrow facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility"),
which shall be subject to the approval and acceptance ofthe City. The Share Payment Facility shall
make provision for the City to be able draw down the Developer's Pro Rata Share in amounts equal
to the percentage completion certified by the City Manager of th~ City multiplied times the
Developer's Pro Rata Share. The Developer's Pro Rata Share shall be the Net Cost of the South
Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the
Project Site along the South Gulfview and Beach Walk Improvements is the numerator and the total
frontage along South Gulfview and Beach Walk Improvements is the denominator (the "Share
Formula").
b. In the event that the Developer determines to commence development of the
Project and the City has not arranged financing for the construction of the South Gulfview and Beach
Walk Improvements in their entirety and has not notified the Developer as indicated in subparagraph
( a) above, the Developer shall, prior to application for the first building permit, notify the City of its
intent to commence development of the Project ("Developer's Commencement Notice"). Within
forty-five (45) days of Developer's Commencement Notice, the City shall solicit bids for the
construction. The Developer shall pay to the City the actual bid price for the portion of the South
Gulfview and Beach Walk Improvements which are contiguous to the Developer's Project Site
which shall be considered the Developer's Pro Rata Share. Said payment shall be made
immediately upon award of the construction contract for the South Gulfview and Beach Walk
Improvements by the City Council. To meet its payment obligation, the Developer may provide a
Share Payment Facility to be drawn upon over time, all as described in subparagraph (a) above. The
Developer's Commencement Notice shall provide Developer's best estimate of the date on which the
Hotel would be eligible for a final Certificate of Occupancy, and the City and Developer shall act and
17
coordinate reasonably to cause the South Gulfview and Beach Walk Improvements Schedule and any
contracts related to those improvements to reflect an anticipated completion date on or prior to the
anticipated date of the final Certificate of Occupancy for the Hotel.
In the event that the Developer's Pro Rata Share is less than anticipated in (a) or (b) above, to the
extent the City has received any payment in excess thereof, the City shall return to the Developer any
such excess payment within thirty (30) days of such determination. In the event the Developer's Pro
Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview
and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30)
. days of written request from the City.
c. In the event that any property other than the Project Site which fronts
on the South Gulfview and Beach Walk Improvements is proposed for redevelopment using units
from the Hotel Unit Pool, the developer of such property shall be required to pay a pro rata share of
the cost of both the South Gulfview Improvements and Beach Walk Improvements as a condition of
development approval. Such developer's pro rata share shall be calculated based upon the same
Share Formula set out above but applied to the proposed project.
9. Covenant of Unified Use. Prior to the issuance of the first building permit for the
Project, the Developer hereby agrees to execute the covenant of unified use and development for the
Project Site providing that the Project Site shall be developed as a single project and operated and
used as a unified mixed use project, the form of which covenant is attached as Exhibit J; provided
however, that nothing shall preclude the Developer from operating the existing improvements on the
Developer's Property other than as a unified use prior to the demolition of those structures existing
thereon as of the Effective Date or from selling all or a portion of the Project Site in a condominium
form of ownership in connection with the Project or from selling all or a portion of the Developer's
Property in the event that Developer determines not to construct the Project. It is understood and
agreed that, in the event that the Developer enters into the anticipated covenant of unified use and
development, and the Developer elects not to construct the Project and notifies the City of its
election in writing, and, alternatively, as of the date of expiration or revocation any rights of
Developer to incorporate the Additional Hotel Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development suitable for
recording in the Public Records of Pin ell as County, Florida.
10. Proiect Obli2ations. Developer intends to diligently pursue the redevelopment of the
Project Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by
governmental authorities necessary for development of the Project, (c) construction of various
private improvements on the Project Site and (d) to the extent that a final certificate of occupancy is
issued for the Project, the operation of the Project as a unified and integrated project-,-, The
Developer shall take all actions necessary to maintain control of the Project Site from the
Commencement Date until the Completion Date.
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11. Dedications. As a condition ofthe issuance of a building permit for the Project, but
contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the
Developer shall make the First Street Dedication and effect the Land Exchange.
ARTICLE 6. Intentionally Omitted.
ARTICLE 7. CONSTRUCTION OF THE PROJECT.
7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any
contractor or provider of services with respect to the construction of any part of the Project not
constituting all or any part of public improvements.
7.02 Construction Sequencing. The Developer shall construct the Project in a manner and
fashion which will reasonably minimize the inconvenience experienced by property owners of
Clearwater Beach and the residents of the City directly resulting from the construction of the Project.
ARTICLE 8. [INTENTIONALLY OMITTED]
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
. 9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely upon
each ofthe following statements:
1. To the extent that the Developer is an entity, as opposed to a natural person, the
Developer is duly organized and validly existing under the laws of the State of Florida, has all
requisite power and authority to carry on its business as now conducted, to own or hold its properties
and to enter into and perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do business in the
State of Florida, and has consented to service of process upon a designated agent for service of
process in the State of Florida.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party have been duly authorized by all necessary action on the part of,
and have been or will be duly executed and delivered by, the Developer, and neither the execution
and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the
approval and consent of any other person, except such as have been duly obtained or as are
specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation
or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of,
default under or results in the creation of any lien or encumbrance upon any property of the
Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the
Developer's Articles ofIncorporation, Articles of Organization, or any other agreement or instrument
to which the Developer is a party or by which the Developer may be bound.
19
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and
binding obligation of the Developer enforceable against the Developer in accordance with the terms
thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any court or administrative agency against the Developer, or against any
controlling unit holder, shareholder, officer or employee ofthe Developer which question the validity
of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the transactions contemplated
hereunder or the financial condition of the Developer.
5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid,
all taxes shown to be due and payable on such returns or on any assessments levied against the
Developer.
6. All information and other documentation, including that pertaining to the Project or
the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge,
on the date of delivery thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is in
Tampa, Florida.
8. As ofthe Effective Date, the Developer will have the financial capability to carry out
its obligations and responsibilities in connection with the development of the Project as
contemplated by this Agreement, meaning that, as ofthat date, Developer has the financial ability to
retain professional services required to obtain the required approvals for and produce documentation
required in connection with the Project and has the ability to seek financing for the construction of
the Project.
9. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design, planning, construction,
completion and opening for business of the Project, meaning that, to the extent that the Developer
does not hold the professional licenses or possess the expertise required to execute any single aspect
of the Project, such as, without limitation, a general contractor's license, the Developer has the
expertise to retain and supervise such persons as are required to develop the Project.
9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date (hereinafter defined) or the Expiration Date:
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1. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
2. During each year that this Agreement and the obligations of the Developer under this
Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect
those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur
those events contemplated by this Agreement that are applicable to, and that are the responsibility of,
the Developer.
3. The Developer shall assist and cooperate with the City to accomplish the development
ofthe Projectby the Developer in accordance with the Plans and Specifications and this Agreement,
and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are
or will be applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its financial capability
to develop, construct and complete the Project and shall promptly notify the City of any event,
condition, occurrence, or change in its financial condition which adversely affects, or with the
passage of time is likely to adversely affect, the Developer's financial capability to successfully and
completely develop, construct and complete the Project as contemplated hereby.
ARTICLE 10. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the Developer may
rely on each of the following statements:
1. The City is a validly existing body corporate and politic of the State of Florida, has all
requisite corporate power and authority to carry on its business as now conducted and to perform its
obligations hereunder and under each document or instrument contemplated by this Agreement to
which it is or will be a party.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the City is or will be a party have been duly authorized by all necessary action on the part of, and
have been or will be duly executed and delivered by, the City, and neither the execution and delivery
thereof, nor compliance with the terms and. provisions thereof or hereof (i) requires the approval and
consent of any other party, except such as have been duly obtained or as are specifically noted herein,
(ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or
binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as
contemplated by this Agreement, results in the creation of any lien or encumbrance upon any
property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or
instrument to which the City is a party, specifically including any covenants of any bonds, notes, or
other forms of indebtedness of the City outstanding on the Effective Date.
21
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding
obligations of the City enforceable against the City in accordance with the terms thereof, except as
such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
1O.02.Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
1. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those
instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those
events contemplated by this Agreement that are applicable to and are the responsibility ofthe City.
3. The City shall assist and cooperate with the Developer to accomplish the development
of the Project in accordance with this Agreement and the Plans and Specifications, will carry out its
duties and responsibilities contemplated by this Agreement, and will not violate any laws,
ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto,
and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption
of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or
agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any
provision of this Agreement to be in violation thereof.
4. Except for the demolition of existing structures on the Project Site and the removal of
objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit,
or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any
rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the
development of the Project.
ARTICLE 11. DEFAULT; TERMINATION.
11.01.Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to the entire Project if
the Developer shall fail to substantially perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor.
2. a. If an event of default by the Developer described in subparagraph (1) above
shall occur, the City shall provide written notice thereof to the Developer, and, if such event of
default shall not be cured by the Developer within thirty (30) days after receipt of the written notice
22
from the City specifying in reasonable detail the event of default by the Developer, or if such event
of default is of such nature that it cannot be completely cured within such time period, then if the
Developer shall not have commenced to cure such default within such thirty (30) day period and
shall not have diligently prosecuted such cure to completion within such reasonable longer period of
time as may be necessary (provided, however, if the Developer is proceeding diligently and in good
faith, the curative period shall be extended for a period of not exceeding six (6) months without any
approval or consent of the City being required, but such approval will be required if the curative
period is to be extended beyond six (6) months after the notice of default has been given by the City
to the Developer, and such extended curative period may be ended by the City electing to do so upon
any Project lender finding the Developer to be in default of any Project financing and the curative
period therefor has expired without such event of default being cured) then, in addition to any
remedy available under Paragraph 12.05, the City may terminate this Agreement or pursue any and
all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall
fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed
diligently to timely cure such event of default, then the City may proceed to enforce other available
remedies without providing any additional notice to the Developer.
b. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other
remedy to which either may be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
3. Notwithstanding any provision of this paragraph, a default by the Developer shall not
affect the title of any Residential unit or common area conveyed by the Developer to an unrelated
third party or to a Residential Condominium association which is not controlled by the Developer.
11.02. Default by the City.
1. There shall be an "event of default" by the City under this Agreement in the event the
City shall fail to substantially perform or comply with any material provision of this Agreement
applicable to it.
2. a. If an event of default by the City described in 11.02(1) shall occur, the
Developer shall provide written notice thereof to the City, and, after expiration of any applicable
curative period equivalent to that described in Paragraph 11.01 (2)( a)above, Developer may terminate
this Agreement, institute an action to compel specific performance of the terms hereof by the City or
pursue any and all legal or equitable remedies to which the Developer is entitled.
b. Any attempt by the Developer to pursue any ofthe above referenced remedies
will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any
other remedy to which it might be entitled.
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c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
11.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are entitled
under this Agreement are not exclusive and are intended to be in addition to any other remedies or
means of redress to which the City or the Developer may lawfully be entitled and are not specifically
prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by
the Developer while the City shall at such time be in default of its obligations hereunder shall not be
deemed to be an "event of default." The suspension of, or ,delay in, the performance of the
obligations by the City while the Developer shall at such time be in default of its obligations
hereunder shall not be deemed to be an "event of default" by the City.
11.04. Non-Action on Failure to Observe Provisions ofthis Agreement. The failure ofthe City or
the Developer to promptly or continually insist upon strict performance of any term, covenant,
condition or provision ofthis Agreement, or any exhibit hereto, or any other agreement, instrument
or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any
right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a
subsequent default or nonperformance of such term, covenant, condition or provision.
11.05.Termination Certificate.
1. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly execute a
certificate prepared by the party electing to terminate this Agreement, which certificate shall
expressly state that this Agreement has been terminated in accordance with its terms, is no longer of
any force and effect except for those provisions hereof which expressly survive termination, that the
rights, benefits, duties and obligations of the parties hereto have been terminated and released
(subject to those surviving provisions hereof) and that the Project Site is no longer entitled to the
benefits and rights granted in this Agreement and is no longer subject to any restrictions, limitations
or encumbrances imposed by this Agreement. Such certificate shall also state the date as of which
such termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in
this Agreement, neither party shall have the right to require the other party to agree to a termination
of this Agreement.
2. The certificate described in subparagraph (1) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be.recorded in the public
records of Pin ell as County, Florida.
ARTICLE 12.
RIGHT TO CONTEST.
12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written
notice to the City, contest by appropriate action or proceeding, conducted in good faith and with due
diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any
24
taxes, assessments, impact fees or other public charges of a similar nature that may from time to time
be levied upon or assessed by any appropriate governmental authority against the Developer, the
Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal
property thereon, and the revenues generated from the use or operation of any or all of the above, any
other payment specifically identified in this Agreement, or compliance with any law, rule, regulation,
or other such legal requirement. Notwithstanding the foregoing, the Developer may not contest
impact fees or other public charges of a similar nature levied by the City after such fees have been
paid by the Developer and received by the City.
ARTICLE 13.
ARBITRATION.
13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the same
matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or
dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties
hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such
disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless
all parties mutually agree to terminate such proceeding prior to decision. If any arbitration
proceeding under this part adversely affects the performance of any party hereunder, then any time
periods provided herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02. Appointment of Arbitrators.
1. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of
impasse in the dispute resolution process or upon the expiration of the time period for such
arbitration to be invoked, give written notice to that effect to the other party, and shall in such notice
appoint a disinterested person who is on the list of arbitrators having at least ten (10) years of
experience in litigating complex civil disputes maintained by the American Arbitration Association
(" qualified arbitrator") or a disinterested person not on such list to whom an objection is not made by
any other party hereto within five (5) days of receipt of the notice of such appointment as the
arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators.
b. Within ten (10) days after receipt of the notice described in subparagraph (1),
the other party shall by written notice to the original party acknowledge that arbitration has been
invoked as permitted by this Agreement, and shall either accept and approve the appointment of such
individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b)
above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of
qualified arbitrators maintained by the American Arbitration Association, and such three (3)
arbitrators shall as promptly as possible determine such matter.
25
b. If the second arbitrator shall not have been appointed as provided in
subparagraphs ( a) and (b), the first arbitrator shall, after ten (10) days notice to the parties, proceed to
determine such matter.
c. Ifthe two (2) arbitrators appointed by the parties pursuantto subparagraphs (a)
and (b) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator
upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to
the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within
fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written
notice to the other parties hereto may request the appointment of a third arbitrator by the office in or
for the State of Florida (or if more than one office, the office located closest to the City) of the
American Arbitration Association (or any successor organization thereto), or, in its absence, refusal,
failure or inability to act, request such appointment of such arbitrator by the United States District
Court for the Middle District of Florida (which request shall be filed in the division of that court
responsible for the geographic area including the City), or as otherwise provided in Chapter 682, F.
S., known and referred to as the Florida Arbitration Act, as amended.
13.03. General Procedures. In any arbitration proceeding under this part, the parties shall each be
fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The
arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may
not change any such terms, or deprive any party to this Agreement of any right or remedy expressed
or implied in this Agreement, or award any damages or other compensation to any party hereto. The
arbitration proceedings shall follow the Commercial Arbitration Rules and procedures of the
American Arbitration Association (or any successor organization thereto), unless specifically
modified by this Agreement, or as then agreed to by the parties hereto.
13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority ofthe panel of arbitrators, or ofthe sole arbitrator if only one (1) arbitrator is used, shall be
conclusive upon the parties and judgment upon the same may be entered in any court having
jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties
stating his or their determination and specific findings which form the basis therefor within thirty
(30) days after the conclusion of the hearing or final submission of all evidence or argument.
13.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator
to serve as such, promptly upon such determination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties
hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment
shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner
as provided for in the original appointment of the affected arbitrator in Paragraph 14.02 hereof.
13.06. Decision of Arbitrators.
1. If any decision reached by arbitration as provided in this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s)
26
promptly after the date of receipt by the Developer of such decision, and to continue such
performance to completion with due diligence and in good faith.
2. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the
City of such decision, and to continue such performance to completion with due diligence and in
good faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise provided for herein
13.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this
Paragraph 13.07, "expenses" shall include the fees and expenses of the arbitrators and the American
Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or
expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent)
agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
13.08. Accelerated Arbitration.
1. a. If either of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after an initial election to
invoke arbitration pursuant to Paragraph 13.02 hereofhas been made, either party to such proceeding
may invoke accelerated arbitration by giving notice thereof to the other party no later than three (3)
days after arbitration has been initially invoked and the other party does not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be
accomplished by either party notifying the American Arbitration Association (or any successor
organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by
the American Arbitration Association (or any successor organization thereto) with the consent ofthe
parties to such proceeding within three (3) days after receipt of the request and to decide such matter
within five (5) days after such appointment.
c. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in subparagraph (2) is received by the
American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall
terminate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties
mutually agree to an extension of such time period.
2. The Developer and the City hereby agree to use such accelerated procedure only when
reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as
may be permitted by law, and that all other provisions of this part, except as are in conflict with this
Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding.
27
13.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended,
known and referred to as the Florida Arbitration Code.
13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, F. S., and shall be open to any member of the
public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law
or order (other than an order by a sale arbitrator or a panel of arbitrators acting under this part), the
record of such proceedings shall be a public record under Chapter 119, F. S.
ARTICLE 14.
UNAVOIDABLE DELAY.
14.01. Unavoidable Delay.
1.. Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition described in
subparagraph (1) as an event of "Unavoidable Delay" shall be excused in the manner provided in this
Paragraph 14.01.
2. "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement, acts of a public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by lay, unavailability of materials after timely ordering of same,
epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes,
tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding the Effective Date), strikes or
labor disturbances, delays due to proceedings under Chapters 73 and 74, F. S., restoration in
connection with any of the foregoing or any other cause beyond the reasonable control of the party
performing the obligation in question, including, without limitation, such causes as may arise from
the act of the other party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by the City).
3. An application by any party hereto (referred to in this subparagraph (3) and in
subparagraph (4) as the "Applicant") for an extension of time pursuant to this subparagraph must be
in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other
party to this Agreement within seven (7) days following the occurrence of the event or condition
causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with
the exercise of reasonable diligence should have become aware) of such occurrence.
4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition causing such
Unavoidable Delay and only to the extent that any such occurrence actually delays that party from
proceeding with its rights, duties and obligations under this Agreement affected by such occurrence.
28
ARTICLE 15. RESTRICTIONS ON USE.
15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the
Expiration Date, no use ofthe Project, other than as described in Paragraph 2.03, shall be permitted,
other than the operation or modification of improvements existing on the Effective Date until those
improvements are demolished, unless and until the Developer or the person, if other than the
Developer, intending to so use the Project or Project Site, shall file with the City a request for a
release from the restriction imposed by this paragraph. The City Council shall promptly consider
such request and either deny the request, approve the request as filed, or approve the request subject
to such terms, conditions and limitations as the City may reasonably require in connection with the
pursuit of the development described in this Development Agreement. Unless specifically requested
and approved, a release of the restriction imposed by this paragraph shall not release the Developer
from any obligations or restrictions imposed by this Agreement or any agreement, instrument or
document contemplated hereby.
ARTICLE 16.
MISCELLANEOUS.
16.01. Assignments.
1. By the Developer.
a. The Developer may sell, convey, assign, transfer or otherwise dispose of any
part or all of its right, title, interest and obligations in and to the Developer's Property, the Project,
and this Agreement at any time. However, any sale, conveyance, assignment, transfer or other
disposition of the Developer's interest in this Agreement ("Assignment") that takes place prior to the
date on which Developer pays Developer's Pro Rata Share, whether in cash or by making available
the Share Payment Facility as provided in Paragraph 5.05(7), shall not be effective except upon
receipt by Developer of the City's written consent to such Assignment, which shall not be
unreasonably withheld or delayed. The City shall grant its written consent to such Assignment upon
receipt of (a) reasonable evidence that the purchaser, assignee or transferee ("Assignee") has the
financial ability to or the ability to obtain financing to pursue development of the Project; (b)
reasonable evidence of Assignee's expertise to pursue or ability to retain persons with the
appropriate expertise to pursue development of the Project, (c) ability to operate or to retain persons
with the appropriate expertise to operate the Hotel and (d) a written agreement by Assignee to
assume and to be bound by the terms of this Agreement.
Notwithstanding the foregoing, an Assignment to an Assignee that is a financial institution or
a partner of or investor in the Developer, shall not require the City's consent to be effective.
b. In the context of an effective Assignment, if the Assignee assumes all of the
Developer's obligations under this Agreement for the Project, or for that portion of the Project that is
subject to such Assignment, then the Developer shall be released from all such obligations hereunder
which have been so assumed by the Assignee, and the City agrees to execute an instrument
evidencing such release, which shall be in recordable form.
29
c. An Assignment by the Developer to any person or entity ortrust for estate planning
purposes or to any entity in which the Developer or any of the persons comprising the Developer is a
general partner or has a controlling interest or, where the Developer, through ajoint venture or other
arrangement, shares equal management rights with a financial institution and maintains such
controlling interest or equal management rights shall not be subject to any restriction on or approvals
of Assignments imposed by this Paragraph 16.01, provided, however, that notice of such Assignment
shall be given by the Developer to the City not less than thirty (30) days prior to such Assignment
being effective, and the Assignee shall be bound by the terms of this Agreement to the same extent as
would the Developer in the absence of such Assignment.
d. No purchaser, assignee or transferee of all or any part of the Developer's rights or
obligations with respect to the Developer's Property, the Project, this Agreement shall in any way be
obligated or responsible for any of the Developer's obligations with respect to the Project by virtue of
this Agreement unless and until such purchaser, assignee or transferee has expressly assumed the
Developer's obligations under this Agreement and written notice thereof is provided to the City.
e. Notwithstanding any other provision of this paragraph, the sale of individual
Residential Units or Hotel Units in the ordinary course of business shall not be subject to the
requirements of this paragraph.
2. City's Right to Assign Rights. The City shall have no right to assign its rights under
this Agreement to any person except upon the prior written consent ofthe Developer.
16.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the
City, and its successors and assigns, and the Developer and, as applicable to the parties comprising
Developer, their personal representatives, trustees, heirs, successors and assigns, except as may
otherwise be specifically provided herein.
16.03. Notices.
1. All notices, demands, requests for approvals or other communications given by either party to
another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return
receipt requested or by courier service, or by hand delivery to the office for each party indicated
below and addressed as follows:
To the Developer:
To the City:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
with copies to:
30
Timothy A. Johnson, Esquire
911 Chestnut Street
Clearwater, FL 33767
Pamela K. Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue, 3rd Floor
Clearwater, FL 33756
2. Notices given by courier service or by hand delivery shall be deemed received upon
delivery, and notices given by mail shall be deemed received on the third (3rd) business day after
mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at
the address indicated above (or as it may be changed) shall be deemed to have been an effective
delivery as provided in this Paragraph 16.03. The addresses to which notices are to be sent may be
changed from time to time by written notice delivered to the other parties. Until notice of change of
address is received as to any particular party hereto, all other parties may rely upon the last address
given.
16.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been negotiated by
the City and the Developer and the Agreement, including, without limitation, the exhibits, shall not
be deemed to have been prepared by the City or the Developer, but by both equally.
16.05. Venue; Submission to Jurisdiction.
1. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas
County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and any federal courts having jurisdiction, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to
assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient
forum or that the venue of such action is improper or that the subject matter thereof may not be
enforced in or by such courts.
3. If at any time during the term of this Agreement the Developer (or any of its permitted
successors and assigns) is not a resident of Florida and, to the extent required by law, does not
register with the State of Florida the identity and location within the State of its registered agent for
purposes of service of process and, otherwise has no officer, employee or other agent available for
service of process within the State of Florida, the Developer hereby designates the Secretary of State,
State of Florida, its agent for the service of process in any court action between it and the City arising
out of or relating to this Agreement, and such service shall be made as provided by the laws of the
State of Florida for service upon a non-resident; provided, however, that at the time of service on the
Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address
for notices as provided in Paragraph 16.03.
16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not less than
ten (10) days prior notice by Developer, execute, acknowledge and deliver to the Developer and
31
other persons reasonably designated by Developer a statement in recordable form certifying, to the
extent true, that this Agreement has not been modified and is in full force and effect (or, if there have
been modifications, that the said Agreement, as modified, is in full force and effect and setting forth
a notation of such modifications), and that, to the knowledge of the City, neither it nor Developer is
then in default hereof (or if either party is then in default hereof, stating the nature and details of such
default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 may be
relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or
assignee of the respective interest in the Developer or the Project, if any, of any party made in
accordance with the provisions of this Agreement.
16.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein, including, without
limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto
to the date hereof, and supersedes and controls over any and all prior agreements, understandings,
representations, correspondence and statements, whether written or oral.
2. Any provision of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
3. This Agreement cannot be changed or revised except by written amendment signed by
all parties hereto.
16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way define,
limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this
Agreement or construe any article, paragraph, subparagraph, or provision hereof.
16.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday
observed in the City, it shall be postponed to the next following business day.
16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached
hereto shall be treated as if they are part of this Agreement.
16.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result of the
execution and delivery of this Agreement, including any of the exhibits.
16.12. Not Agents. During the term of this Agreement, neither party hereunder is an agent of the
other party with respect to any and all services to be performed by such other party (and any of its
agents, assigns, or successors) with respect to or in connection with the Project.
32
16.13. Recording of Development Agreement. Pursuantto 9163.3239, Florida Statutes (2004), the
City shall record this Agreement in the public records of Pin ell as County, Florida, within fourteen
(14) days after City Council approval of this Agreement. The Developer shall pay the cost of such
recording. A copy of the recorded development agreement shall be submitted to the state land
planning agency within fourteen (14) days after the agreement is recorded.
16.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and
is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a
proper exercise of the City's power and authority.
16.15. No General Obligation. In no event shall any obligation of the City under this Agreement be
or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing
power of the City within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds. Neither the
Developer nor any other party under or beneficiary of this Agreement shall ever have the right to
compel the exercise ofthe ad valorem taxing power ofthe City or any other governmental entity or
taxation in any form on any real or personal property to pay the City's obligations or undertakings
hereunder.
16.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve
either party from full compliance with any provision of State law which is applicable to any of the
obligations or under takings provided for in this Agreement. In the event that this Agreement omits
an obligation to comply with any provision of State law in regard to any of the obligations or
undertakings provided for in this Agreement, it is the intention of the parties that such applicable
State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that
there is any conflict between the provisions of this Agreement and applicable State law, it is the
intention of the parties that the Agreement shall be construed to incorporate such provisions of State
law and that such provisions shall control.
16.17. Technical Amendments. In the event that due to minor inaccuracies contained herein or
any exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting
from technical matters arising during the term of this Agreement, the parties agree that amendments
to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do
not change the substance of this Agreement may be made and incorporated herein. The City
Manager is authorized to approve such technical amendments on behalf of the City and is authorized
to execute any required instruments, to make and incorporate such amendment to this Agreement or
any exhibit attached hereto or any other agreement contemplated hereby.
16.18. Term; Expiration; Certificate.
1. If not earlier terminated, this Agreement shall expire and no longer be of any force
and effect on the 10th anniversary of the Effective Date (the "Expiration Date").
33
2. Upon completion of the term of this Agreement, all parties hereto shall execute an
Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall
be so provided in the certificate) a conclusive determination of satisfactory completion of all
obligations hereunder and the expiration of this Agreement.
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article
13.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pin ell as County, Florida. Following 'execution by all of the parties
hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the
public records of Pinellas County, Florida and the Developer shall pay the cost of such recording.
16.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as ofthe Effective Date and do covenant and agree in the future that all approvals,
consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith,
and will not be arbitrarily or unreasonably withheld or delayed, unless otherwise expressly
authorized by the terms of this Agreement.
16.20. Effective Date. As provided by 9163.3239, Florida Statutes (2004), this agreement will
become effective after being recorded in the public records in the county and 30 days after having
been received by the state land planning agency.
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
The City Florida of Clearwater, Florida
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
34
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of
2004, by and , Mayor and City
Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
Witness:
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member ofK & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
35
EXHIBIT A
DEVELOPER'S PROPERTY
Parccl I:
Lot 1 J aliX!k !lA" t COLUMBIA SOrlO!V.ISION, dccording to pLD.t thereot
r&cordad in phto nook 23. P~9~ 60 t Public Records of PiOldlllS
Couhty, .Flo1'idltt togot:hllr withtbe vf\<:4l;;o)d SOl.$therly 1 foot of
Gulf '/"leH i:lol,16vard adjacent to stiid Lot 1 . and tIn} vl!;ca.tod
w('ultQl>ly '\ foot of Coronado Drive Q.Qj c.cQnt to e.Q.".g ):.01:. 1, sa.id
VI1.:!4ta;:1 po:rHon!J boiny aheMn by Resolution fU~d Novel':lbfiU" 2~.
1959, in O.R. Sook 757. PagQ 40, public Records of PineThs
GQUpty, i?lot'ial., an.d. also LotJl44, 45, 46, 4'7,')0, 91,92, .93. 94
95, 96, find 91, 'I'US ~r..OYD..WBI'1'B-SK.INNS;R SUBDl,V'ISION ,1ll7cQrl;{ing tog
plat thereof X"aQorQ.ol)d in Pht Book 13, Pages 12 4nd 15. Public
Reco,,'d::> of Pin~UIl3 Oount;y, FIOl i.da. together with the va.oll.t....d
Westerly 1.05 !~et of Co.ona~o D.iv~ ~djae~nt to s~j~ Lot 93.
Parcel II:
Lote 49, 49, 50, S1, 52 and 98, The Lloyd-White-Skinner
Subdivision, according to the ma.p or plat: thereof as
l.."X'ecorded in plat Book 13, Page 12, PUbli.cReoord$ of
PinallaB County, Florida.
Parcel' In:
Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 1<)1, all
()f Lot 102, <ll1.d l;h0. North J 0 reel.:. (;f T,ot 1 OS ,I.!.JOYD..mIITEm
SlCNNEiE: $UEiDl V1:1:iWN, according to the map or plat thereof as
recorded in Plar:: Bool~ 13, pages. 12 oud 13, publi.c reco:cdH of
P:lnellD.s County, FJ.orida.
IJ(H:S S3, Silt 99, 1.00 <:lnd th~} NC)rthcn:'.1.y .30 t~et; of Lot 101,
Lr.o,!,j')~I-IIUTE~SKrNN~H SUBDrVISION, acc:ol."ding to the map or fllat..
Lb~:l;Qof il9 recorded in t1li.1t Book 13, 1':;1ge9 12 nnd ;!3t rmh1,j,C:
rC<'0t'r:lr of ?h::l~J..1 "':'3 C'mmtv, F'J ()ri rlfl. .
36
EXHIBIT A-I
First Street Dedication.
Relocated First Street
And Relocated Coronado
37
EXHIBIT A-2
V ACA nONS OF RIGHTS OF WAY
EXHIBIT B
PRELIMINARY PROJECT PLANS
EXIUBIT B-1
MODIFIED PROJECT DESIGN
EXHIBIT -B-l-B-2
MINIMUM QUALITY STANDARD
Exhibit B-lB-2
Hotel Quality Standard
Minimum Quality Standards
The Development Agreement ("Agreement") between the City of Clearwater, Florida (the
"City") and K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer")
provides for the allocation of two hundred and fifty (250) resort hotel units from the Beach by
Design Hotel Unit Pool to the site on which the Developer anticipates building the project described
in the Agreement (the "Project Site"), which project is to contain, among other things, 350 hotel units
within a quality resort hotel (the "Hotel"). Beach by Design establishes physical, functional and
operational requirements for a proposed development to be eligible for an allocation of resort units
from the Hotel Unit Pool. The allocation of the resort hotel units to the Project Site represents a
significant economic incentive for the development of the Hotel.
The purpose of this Exhibit is to establish:
1. minimum quality standards for the proposed Hotel;
2. a process for assessing compliance with the minimum quality
standards; and
3. an enforcement mechanism in the event that the Developer shall
fail to comply with the minimum quality standards.
Minimum Quality Standards
The City and the Developer agree that there are two (2) alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
1) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least four (4) diamonds; or (b)
Mobil Travel Guide ("MTG") and obtaining and maintaining
a minimum quality rating of at least four (4) stars; or (c) such
other travel marketing and rating service as the City
reasonably approves ("Other Rating Service") and obtaining a
quality rating comparable to the AAA and MTG ratings
described in (a) and (b) of this subparagraph;
or
2) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least three (3) diamonds; or (b)
membership in MTG and obtaining and maintaining a
minimum quality rating of at least three (3) stars, and in
addition to (a) or (b), inclusion in the Hotel upgraded
improvements and facilities as described hereinafter.
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) of the total number of AAA four (4) diamond
quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v)
bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most
current edition as of the date of issuance of the building permit for the Hotel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by compliance with the following (the "Upgrade Criteria"):
I. Exterior.
A. Curb Appeal.
1. A combination of exterior elements which create an impressive well-
integrated and excellent level of curb appeal.
11. Excellent variety of landscaping professionally planned and maintained.
111. Impressive architectural features well-integrated into the surrounding area.
B. Parking.
1. Lighting fixtures reflect characteristics of the design of the property.
11. Physical evidence of added security exists.
111. Excellent overall illumination.
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme ofthe property;
high degree of comfort, featuring professionally fitted coverings; an abundant variety
of live plants or unique dried floral arrangements.
b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with
umque area rugs.
c. Illumination: Light fixtures are well-appointed and of an upscale design that
complements the overall theme of the property; multi-placement provides overall
excellent illumination.
d. Signage: Design is well-defined in harmony with the theme of the property.
e. Lobby/Registration Area: Spacious registration area; upgraded luggage carts;
recognizable guest-service area and bellstand.
f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from
traffic areas. Pressing is available at specific times.
g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or
bar area.
h. Recreational Facilities:
1. Swimming pool area is well-appointed with upscale design elements and an excellent
quality and variety of pool furniture and hot tub. Food and beverage is available
poolside.
J. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design
elements, Audiovisual equipment available.
1. Restrooms. Upscale facilities appropriate for the number of meeting rooms.
m. Additional Recreational Facilities: Excellent variety of additional recreational
facilities is available on site or arrangements are made for off-site services.
n. Sundries and Other Shops: Upscale gift shop.
III. Guestrooms.
a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of
movement for guests.
b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end
stone floors with unique area rugs.
c. Clothes Hanging Space: At least eight open-hook wood hangers.
d. Clothes Storage Space: Sufficient space for two pieces ofluggage; upgraded racks or
benches.
e. Illumination: Excellent overall illumination; free standing fixtures in appropriate
places.
f. Television Placement: Television located in closed armoire.
IV. Guestroom Amenities.
1. Multiple or cordless telephone. High-speed internet access. Enhanced guest-service
directory in folder.
2. Upgraded stationery. Framed or beveled full-length mirror.
3. Full-size iron and ironing board.
4. Minibar.
V. Bathrooms:
a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or
granite flooring.
b. Free Floor Space. Excellent size bathrooms affording guests increased ease of
movement and comfort.
c. Amenities:
1. Excellent quality plush towels; oversized.
11. Facial tissues of excellent quality in decorative container.
111. Free-standing hair dryer.
IV. Bathroom area rug.
v. Make-up mirror.
VI. Telephone.
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after a final Certificate of Occupancy for the Hotel is issued
by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or
Other Rating Service (the "Hotel Rating Service"), such that an inspection by the Hotel Rating
Service would be reasonably expected to occur within twelve (12) months following the issuance of
the CO ("Initial Inspection Period"). Upon receipt of the report issued by the Hotel Rating Service
("Rating Service Quality Report"), the Developer shall immediately deliver a copy of the rating
report to the City.
In the event that the Hotel Rating Service does not or is unable to inspect the Hotel within the
Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality
assessment of the Hotel from a qualified hotel/resort industry expert ("Independent Quality
Assessment") within ninety (90) days after the issuance of the CO. In the event that the Developer
fails to deliver a qualified Rating Service Quality Report or a qualified Independent Quality
Assessment to the City within ninety (90) days after the first anniversary of the CO, the City may at
the Developer's expense, obtain a written opinion of an independent expert in the hotel/resort
industry with regard to the compliance of the Hotel with the Minimum Quality Standards established
in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Quality Standards
1. The Developer shall maintain compliance with the Minimum Quality Standards throughout
the term of this Agreement.
2. In the event that the initial rating of the Hotel equals four (4) diamonds, four (4) stars or the
equivalent with an Other Rating Service or better, maintenance of such rating shall constitute
full compliance with the Minimum Quality Standards.
3. In the event that the initial rating of the Hotel equals three (3) diamonds, three (3) stars or the
equivalent with an Other Rating Service, and the Developer has included in the Hotel the
required upgraded improvements and facilities as described above, the maintenance of such
rating shall constitute compliance with the Minimum Quality Standards. On the fifth
anniversary ofthe issuance of the CO, if the most recent Rating Service Quality Report does
not address compliance with the upgraded improvements and facilities requirement
established in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written
opinion from a qualified hotel/resort industry expert that the Hotel continues to meet the
Upgrade Requirement. If the Developer fails to deliver a qualified opinion of compliance
with the Upgrade Requirement, the City may at the Developer's cost, obtain a written
opinion of an independent expert in the hotel/resort industry with regard to the compliance of
the Hotel with the Upgrade Requirement. .
Failure to ComlJlv
In the event that a Rating Service Quality Report, an Independent Quality Assessment or the
opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no
longer complies with the Minimum Quality Standards established in this Exhibit or the Developer
fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment
or expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating
that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade
Notice"), the City shall notify Developer of default in a writing which details identifying the nature
of the default(s) ("City Quality Default Notice").
If the default(s) described in the City Quality Default Notice are based upon a Rating
Downgrade Notice, Developer shall have that period of time given to Developer by the downgrading
hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum
Quality Standard and to present to the City reasonable evidence that Developer has either prevailed
in its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is
based.
If the City Quality Default Notice is based on any basis provided for in this Exhibit other than
a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the
Developer intends to dispute the Default Notice. Ifthe Developer does not notify the City within ten
(10) days of its intent to dispute the Default Notice, the Developer shall have thirty (30) days to cure
the default, or in the event that it is not reasonably possible to cure the default within thirty (30) days,
the Developer shall submit a sworn statement describing the steps necessary to cure the default and
to the time period necessary to cure the default. In the event that the Developer disputes the Default
Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in
the event that the Developer's dispute is resolved in favor of the City, the Developer shall then cure
the default within thirty (30) days after resolution of the dispute.
In the event that a City Quality Default Notice was based on a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement every two (2)
years after the default is cured until the expiration or termination date of the Agreement.
Notwithstanding anything contained in this Agreement to the contrary, it shall not be
considered a default under this Agreement if the Developer must make modifications or take actions
to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken
requires the alteration of structural or architectural design elements of the Project which were
approved by the City in connection with the construction of the Project or where the cost of such
modifications or actions, including any debt service incurred by the Developer in connection
therewith, cannot be recovered over the useful life of the item to be modified, as reasonably
determined by the City and the Developer.
Remedies upon Event of Default
Upon the occurrence of an Event of Default which is not cured within thirty (30) days,
Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars
($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality
Default Notice at issue remain uncured.
In the event that an Event of Default occurs, the accumulated fines shall be a lien against the
Hotel component of the Developer's Property which may, at the City's sole discretion, be enforced
through a foreclosure proceeding.
EXHIBIT C
PROJECT SITE
The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the
Dedications (as described in Exhibit A-I and Exhibit L), plus the Vacations of Rights of Way (as
described in Exhibit A-2), as depicted on the attached diagram.
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EXHIBIT D
COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS
[Please see the attached diagrams which depict the coordinated design features.]
EXHIBIT E
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the
day of , 2004 by K & P Clearwater Estate, LLC.
K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property
described in Exhibit I attached hereto and made a part hereof (hereinafter the "Real Property"). The
City of Clearwater has amended its Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a preliminary design for the revitalization of
Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provides for
the allocation of bonus resort units as an incentive for the development of destination quality resorts
with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a
Community Redevelopment District, the allocation of bonus resort units is subject to compliance
with a series of performance standards, including a requirement that the resort hotel to be developed
on the Real Property implement a trip generation management program to reduce the number of
vehicle trips generated by the use and operation of the Real Property.
The City of Clearwater has granted, by City Council Resolution passed and
approved on , the application of K & P Clearwater Estate, LLC, for an
allocation of bonus resort units pursuant to the provisions of the designation of Clearwater Beach as
a Community Redevelopment District subject to compliance with the requirements of the
designation of Clearwater Beach as a Community Redevelopment District. K & P Clearwater Estate,
LLC, desires for itself, and its successors and assigns, as owner to establish certain rights, duties,
obligations and responsibilities with respect to the use and operation of the Real Property in
accordance with the terms and conditions of the allocation of bonus resort units to K & P Clearwater
Estate, LLC, and the designation of Clearwater Beach as a Community Redevelopment District,
which rights, duties, obligations and responsibilities shall be binding on any and all successors and
assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of bonus resort units to K & P
Clearwater Estate, LLC, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, to K & P Clearwater Estate, LLC, hereby declares, covenants and agrees as
follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of
K & P Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on
behalf of the said residents by the City Council of the City of Clearwater.
2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P
Clearwater Estate, LLC, hereby covenants and agrees to the development, use and operation ofthe
Real Property in accordance with the provisions of this Declaration.
2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC, shall
prepare a Trip Generation Management Program which includes, at a minimum, the program
elements which are set out in Exhibit 2 which is attached hereto and incorporated herein.
2.2 Implementation. K & P Clearwater Estate, LLC, shall take all necessary and
appropriate steps to implement the approved Trip Generation Management Program and the
selected management strategies.
3.
recording.
Effective Date. This Declaration shall become effective immediately upon its
4. Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5. Recording. This Declaration shall be recorded in the chain oftitle of the Real Property
with the Clerk of the Courts of Pin ell as County, Florida.
6. Attorneys Fees. In the event the City of Clearwater or K & P Clearwater Estate, LLC,
is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall
be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from
the non-prevailing party.
7. Severability. If any provision, or part thereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to be invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, K & P Clearwater Estate, LLC, has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2004.
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
Witness:
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT 2
Trip Generation Management Program
1. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the
developer shall implement a Transportation System Management Plan. This
Plan shall establish practices, procedures and costs/fees for services to reduce
the number of trips to and from the site. Examples of methods, which may be
considered are:
a. Guest shuttle services/airport
b. Guest shuttle services/activities
c. Employee shuttle
d. Non-motorized modes for Hotel guests
e. Fixed route transit
f. Taxis/demand responsive transit
g. Non-motorized modes for employees
h. Staggered working hours
The plan will address the trip characteristics of resort occupancy, compare and contrast the
generation and reduction methods against non transient units and create a supporting trip
utilization projection for the Beach by Design transit proposal from both Hotel visitors. The
plan will apply a best methods approach. City and County transportation programs may also
generate additional methods based on special studies or intergovernmental program funding
(County-wide Gulfview Trolley System).
EXHIBIT F
COVENANT REGARDING HURRICANE EVACUATION
and
DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DE CLARA TION OF COVENANTS AND RESTRICTIONS ("Declaration") is made
as of the _ day of , 200_, by K & P Clearwater Estate, LLC, a Florida limited
liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,
Florida (the "City"), has amended it Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of bonus resort hotel units ("Bonus Units") as an incentive
for the development of destination quality hotel resorts with a full complement of resort amenities.
Pursuant to the Designation, the allocation of Bonus Units is subject to compliance with a series of
performance standards, including a requirement that resorts containing a hotel developed with Bonus
Units ("Hotel") shall be closed and all Hotel guests evacuated from such resorts as soon as
practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater
Beach. The purpose of such evacuation is to ensure that such a Hotel is evacuated in advance of the
period of time when a hurricane evacuation would be expected in advance of the approach of
hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
Developer's application for Bonus Units pursuant to the Designation, subject
to Developer's compliance with the requirements of the Designation. Developer desires for itself,
and its successors and assigns, as owner, to establish certain rights, duties, obligations and
responsibilities with respect to the use and operation of the Real Property in accordance with the
terms and conditions of the allocation of the Bonus Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns
and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Bonus Units to Developer,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged,
Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with
the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of two hundred and fifty (250) hotel units, which is the
number of hotel units allocated to DEVELOPER, shall be used solely
for transient occupancy of thirty (30) days or less, must be licensed as
a public lodging establishment and classified as a hotel, and must be
operated by a single licensed operator of the hotel. No hotel unit shall
be used as a primary or permanent residence.
2.1.2 All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "resort condominium," and "operator" shall
have the meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure oflmprovements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a
hurricane watch by the National Hurricane Center, which hurricane watch
includes Clearwater Beach, and all Hotel guests, visitors and employees other
than emergency and security personnel required to protect the resort, shall be
evacuated from the Hotel as soon as practicable following the issuance of
said hurricane watch. In the event that the National Hurricane Center shall
modify the terminology employed to warn of the approach of hurricane force
winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in order to
ensure that the guests, visitors and employees will be evacuated in advance of
the issuance of a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project of which the Hotel is a part ("Project") and
Developer's commencement of construction of the Project, as evidence by a Notice
of Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Bonus Units to the Developer expires or
is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pin ell as County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City
determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or
through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the application
ofthis Declaration to any person or circumstance will be or is declared to any extent
to e invalid or unenforceable, the remainder of this Declaration, or the application of
such provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
eJ:lforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this_,
day of2004.
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
Witness:
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
I
EXHIBIT G
REQUIRED PERMITS AND APPROV ALS
1. Site plan approval
2. Conditional Approval of Vacations/Dedications
3. Piling & foundation permit
4. Demolition permit
5. Site alteration/drainage permit
6. Utility relocation permit
7. Vacation of rights of way approval, conditions and replat approval
8. SWFWMD ERP permit or exemption
9. FDEP sewer permit
10. Pinellas County Health Department Water Permit
11. Building permits package
a. structural
b. mechanical
c. electrical
d. plumbing
12. License Agreement (for Pedestrian Access Improvements (Bridge))
13. Bridge Facilities building permit
14. Cafe Seating License
15. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department
16. Land Exchange
EXHIBIT H
PEDESTRIAN ACCESS IMPROVEMENTS
BRIDGE - That structure depicted conceptually in the tentative location shown on the
attachment hereto.
EXHIBIT I
[Intentionally Blank]
EXHIBIT J
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
Timothy A. Johnson, Jr., Esquire
911 Chestnut Street
Clearwater, Florida 33757
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
, 2004 by K & P Clearwater Estate, LLC, a Florida limited liability company
("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule A
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated , 2004 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a multi-use project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does
hereby agree that, effective as of the date on which Developer receives all permits required to
construct the Project and Developer commences construction thereof, as evidenced by a Notice of
Commencement for the Project, the Real Property shall be developed and operated as a unified
mixed-use project as a single destination resort hotel and Residential Condominium project, as
described in the Development Agreement. The restrictions set forth in the preceding sentence shall
expire automatically when and if Developer's allocation of Additional Hotel Units (as defined in the
Development Agreement) expires or is terminated. Nothing in this Agreement shall require
Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise
convey its right in and to the. Real Property or any portion or portions thereof to unrelated third-
parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more
Residential Units to be constructed as a part of the Project (the "Residential Condominiums") (or
Hotel Units (as defined in the Development Agreement) if sold in a condominium form of
ownership), to separate, unrelated third parties, provided that such Residential Condominiums or
Hotel Units are operated and occupied as part ofthe Project as a single unified project throughout the
term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and
conditions of this Agreement.
IN WITNES S WHEREOF, Developer has caused this Agreement to be executed this _ day
of , 2004.
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
Witness:
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT K
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), is made and entered into this _day of ,
2004, by and between the CITY OF CLEAR WATER, FLORIDA, a Florida municipal corporation
("Licensor"), and K & P Clearwater Estate, LLC, a Florida limited liability company ("Licensee"):
WITNESSETH:
WHEREAS, Licensor is the owner of fee simple title to that property described in Exhibit A
("Licensor's Property");
WHEREAS, Licensee is the owner offee simple title to that property described in Exhibit B, together
with all improvements thereon ("Licensee's Property") and, pursuant to that Development Agreement
dated , 2004, between Licensor and Licensee (the "Development Agreement") is
the developer of a mixed use resort project on Clearwater Beach including three hundred and fifty
(350) hotel rooms and seventy-five (75) Residential Units, together with related parking and accessory
uses, as described in the Development Agreement ("Licensee's Resort");
WHEREAS, in conjunction with the construction of Licensee's Resort, Licensee intends to construct
an elevated bridge ("Bridge") for beach access between a portion of Licensor' s Property located on
Clearwater Beach ("Licensor's Parcell ") and that portion of Licensor's Property constituting ground-
level public pedestrian space immediately contiguous to the Licensee's Resort ("Licensor's Parcel 2 "),
as well as access to Licensee's Resort itself, all as shown in Exhibit C;
WHEREAS, the Bridge will be dedicated to the public;
WHEREAS, the City has determined that it is in the best interests of the residents of the City of
Clearwater to allow Licensee to construct, use, maintain and operate the Bridge;
WHEREAS, the Licensor is willing to grant a license to Licensee to construct, maintain, use and
operate the Bridge for the purposes stated in this Agreement.
NOW, THEREFORE IT IS MUTUALLY AGREED, AS FOLLOWS:
1. Licenses Granted.
(a) Licensor hereby grants to Licensee (1) a non-exclusive license to use the Bridge, (2) an
exclusive license to construct, operate and maintain the Bridge on the terms set forth in this
Agreement, and (3) an exclusive license to use the air space above those lands owned by the City for
construction and maintenance of the Bridge, which Bridge will pass through that air space between a
portion of Licensor's Parcel 1 and Licensor's Parcel 2.
(b) Licensee hereby grants to Licensor an exclusive license for support for the Bridge by
those sections where the Bridge attaches, adheres to or adjoins Licensee's Resort where depicted on
Exhibit C.
Nothing in this Agreement shall be interpreted as a grant of property to Licensor or Licensee, and no
public easement or prescriptive easement shall be created by or in connection with the uses described
in this Agreement.
2. Term. The initial term of the License is fifty (50) years, beginning upon commencement of
construction of the Bridge (as evidenced by a written instrument executed by Licensor and Licensee),
and ending on the same day, fifty (50) years thereafter, unless terminated pursuant to Paragraph 3 of
this Agreement
3. Termination.
(a) This License Agreement may be terminated by the Licensor at any time, ninety (90)
days after providing Licensee written notice that the Bridge is not being maintained or operated in
accordance with the requirements of this Agreement ("Licensor's Notice of Default"). The Licensor's
Notice of Default shall specify each and every way in which the Licensee has failed to maintain or
operate the Bridge in accordance with the requirements of this Agreement ("Licensee Defaults"), and
the Licensee shall have ninety (90) days in which to reasonably cure the Licensee Defaults. If
Licensee cures the valid Licensee Defaults, then Licensor's Notice of Default shall be rendered null
and void.
(b) Licensee may terminate this Agreement for cause at any time, ninety (90) days after
providing Licensor written notice that the Licensor is not in compliance with this Agreement.
("Licensee's Notice of Default"). The Licensee's Notice of Default shall specify each and every way
in which the Licensor' has failed comply with the requirements of this Agreement ("Licensor
Defaults"), and the Licensor shall have ninety (90) days in which to reasonably cure the Licensor
Defaults. If Licensor cures the valid Licensor Defaults, then Licensee's Notice of Default shall be
rendered null and void. In addition, Licensee may terminate this agreement without cause ninety (90)
days after providing Licensor written notice of termination.
(c) In the event of termination of this Agreement by Licensor for default by Licensee, or
by Licensee without cause, Licensee, at Licensee's expense, shall detach and remove the Bridge and
shall support the Bridge solely on property owned by Licensor. Such removal must be accomplished
in a good and workmanlike manner and must not impair the structural integrity of the Bridge. The
Bridge must be finished with materials to be consistent in appearance and specifications of the Bridge.
(d) In the event of termination of this Agreement for default by Licensor, Licensor at
Licensor's expense, shall detach and remove the Bridge from Licensee's Property and shall promptly
restore the portions of Licensee's Property that are affected by such removal in a good and workman
like manner to a structurally sound and watertight condition and finished with materials to be
consistent in appearance and specifications with the immediately adjacent portions of Licensee's
Property.
4. Construction, Use, Operation and Maintenance.
(a) Construction and Use. Licensee shall construct the Bridge in accordance with plans
approved by the Licensor, and upon completion, shall dedicate the Bridge to the Licensor. Following
completion, except for necessary repairs and maintenance, the Bridge shall be used strictly for
pedestrian access to and from that portion of Licensor's Parcell on which the Bridge is located,
Licensor's Parcel 2 and Licensee's Resort, provided, however, that nothing in this Agreement shall
require Licensee to grant to the general public ingress or other access to Licensee's Resort from the
Bridge or otherwise.
(b) Operation and Maintenance. Licensee shall use reasonable efforts, at Licensee's
expense, to operate and maintain the Bridge in structurally sound and reasonably clean condition, free
of debris, obstructions, and nuisances, including, without limitation, loud noises and noxious odors, as
well as panhandlers, loiterers and business solicitors, but excepting, however, (i) ordinary wear and
tear and (ii) damage or destruction as a result of force majeure or other risks where the cost to
Licensee of repair or replacement exceeds the amount of insurance or other proceeds received by
Licensee-to effect such repair or replacement, and (iii) modifications to the Bridge voluntarily made,
directed or caused by Licensor. In this connection, the Licensee shall have the right, but not the
obligation to exclude or remove from the Bridge any persons or items which could interfere with the
Licensee's operations and maintenance obligations set forth in this subparagraph (c). The foregoing
shall not be interpreted as a limitation upon the Licensor's police powers or its obligations to maintain
public safety.
5. Insurance. In connection with the Bridge, the Licensee shall maintain:
(a) Comprehensive general liability insurance for loss from an accident resulting in bodily
injury to or death of persons, where during the first three (3) years of the Term, the Licensee shall
maintain coverage with coverage limits of not less than $ in the aggregate and
$ per occurrence and a coverage limitation of $ for loss from an
accident resulting in damage to or destruction of property. Thereafter, the Licensee or shall increase
such coverage limits from time to time throughout the Term of this Agreement, as reasonably
determined on an annual basis by the Licensor. The Licensee shall designate the Licensor as an
additional insured under such insurance policies and shall promptly deliver to the Licensor certificates
evidencing that Licensor has been so designated; and
(b) Casualty insurance, insuring the Licensor and the Licensee, as their interests may appear,
against loss or damage by fire and other risks from time to time included under "all risks" policies, in the
amount of the full replacement cost of the improvements that constitute the Bridge as of the
Commencement Date and all subsequent alterations, additions, decorations, and improvements to the
Bridge and any and all furniture, fixtures and equipment located therein or thereon.
6. Hours of Operation. The Bridge shall be open at normal periods of beach use by the general
public at Clearwater Beach. Additionally, any time the Bridge is open to Licensee's patrons or guests,
it shall be open to the public.
7. Use ofthe Bridge. The Bridge shall be used for pedestrian access to and from the beach from
the east side of the Relocated South Gulfview. Licensee hereby covenants and agrees to make no
unlawful, improper, or offensive use of the Bridge.
8. Assignment. The Licensee shall be permitted to convey, assign, or transfer this Agreement, in
whole or in part on the same basis as the Licensee is permitted to convey, assign or transfer the
Licensee's rights under the Development Agreement.
9. Destruction of Facility. In the event that the Bridge is destroyed by whatever means, neither
Licensor nor Licensee shall be required to rebuild the Bridge. If Licensee elects to rebuild, the Bridge
shall be rebuilt in accordance with the original plans and specifications. In the event that the
Licensee does not elect to rebuild the Bridge, this License this Agreement shall terminate.
10. Incorporation. All of the recitals set forth in and all exhibits and schedules attached to this
Agreement are hereby incorporated into and made part of this Agreement by this reference.
THE CITY FLORIDA OF
CLEARWATER, FLORIDA
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this
by and
respectively, for the City of Clearwater, Florida, on behalf of the City.
day of ,2004,
, Mayor and City Clerk,
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT A
LICENSOR'S PROPERTY
Licensor's Property consists of the following:
1. Licensor's Parcell [the area in which the western (beach side) landing of the Bridge
will be located]
2. Licensor's Parcel 2 [the area encompassing the eastern (land side landing) of the
Bridge]
3. The land, including, without limitation, air rights and subsurface rights, between that
portion of Licensor's Parcell on which the Bridge is located and Licensor's Parcel 2..
EXHIBIT B
LICENSEE'S PROPERTY
EXHIBIT C
DEPICTION OF BRIDGE
EXHIBIT L
LAND EXCHANGE AGREEMENT
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT is made and entered into as of the day of
2004, by and between the CITY OF CLEAR WATER, FLORIDA, a municipality, hereinafter referred
to as the "City," and K & P CLEARWATER EST ATE, LLC, a Florida limited liability company (the
"Owner") for the exchange of properties in Clearwater, Florida, as described herein.
The parties hereto agree as follows:
1. Exchan2e of Property. The City shall convey to the Owner title to certain real
property referred to as "Parcel I" which is described in Exhibit A to this contract. The Owner shall
convey to the City title to certain real property referred to as "Parcel 2" which is described in Exhibit
B to this contract. The conveyance of Parcel 1 shall constitute full consideration for the conveyance
of Parcel 2. The conveyance of Parcel 2 shall constitute full consideration for the conveyance of
Parcell.
2. Definitions. In this contract, "Seller" shall mean the City with respect to Parcell and
the Owner with respect to Parcel 2. "Purchaser" shall mean the Owner with respect to Parcell and
the City with respect to Parcel 2. These terms are used for convenience and do not imply the payment
of any compensation other than conveyance of real property in exchange for real property.
3. Le2al Descriptions. Legal descriptions ofthe properties being exchanged between
the parties are as follows:
a. Parcell - See Exhibit A attached;
b. Parcel 2 - See Exhibit B attached.
4. Purchase Price. It is mutually agreed that the transfer of Parcel 1 by the City to
the Owner and the transfer of Parcel 2 by the Owner to the City shall constitute the full and sufficient
consideration for the exchange of the parcels.
5. Contingencies. The exchange proposed in this contract shall be contingent upon
(1) the final approval by the governing council of the City (the "Council") of a development
agreement which governs the proposed redevelopment (the "Development Agreement"), (2) the City's
issuance of a vacating ordinance for Parcel I, and (3) the issuance of the first foundation permit for
the Project to the Owner pursuant to Development Agreement.
6. Closing Date. The real property exchange transaction described in this contract shall
be closed and the deeds and other closing papers delivered following the effective date of the vacating
ordinance for Parcell and within ten (10) days following the issuance of the first building permit for
the Project as defined in the Development Agreement.
7. Title Evidence. As a condition of closing, the Owner shall order and provide at
its own expense a commitment for title insurance in the amount of the appraised value of Parcel 1 as
determined by a duly licensed independent appraiser, which commitment shall show a marketable fee
simple title in the name of the City as to Parcel I subject to only Permitted Exceptions (defined
below). The Owner shall have ten (10) days after delivery of said commitment for the examination
thereof, and within said period shall notify the City in writing of any objections to said title. If this
notification is not given within said time period, then said title shall be conclusively deemed to be
acceptable to the Owner. In the event that the title to Parcell is not good and marketable or is subject
to other than Permitted Exceptions, the City shall have ten (10) days thereafter to perfect the title. If
the defects are not cured within such time, then the Owner may cancel this contract or waive the
defects and accept the property without deduction on account of said defects. An owner's title
insurance policy shall be issued insuring Owner as the' owner of Parcel 1 within a reasonable period of
time following closing.
Also as a condition of closing, the Owner shall order and provide at its own expense a
commitment for title insurance in the amount of the value of Parcel 2 as determined by a duly licensed
independent appraiser, which commitment shall show a marketable fee simple title in the name ofthe
Owner as to Parcel 2 subject to Permitted Exceptions. The City shall have ten (1 0) days after delivery
of said commitment for the examination thereof, and within said period shall notify the Owner in
writing of any objections to said title. If this notification is not given within said time period, then
said title shall be conclusively deemed to be acceptable to the City. In the event that the title to Parcel
1 is not good and marketable or subject to other than Permitted Exceptions, the Owner shall have ten
(10) days thereafter to perfect the title. If the defects are not cured within such time, then the City
may cancel this contract or waive the defects and accept the property without deduction on account of
said defects. An owner's title insurance policy insuring the City as owner of Parcel 2 will be issued to
the City within a reasonable period of time after closing. The owner's title insurance policy naming
the City as owner shall be underwritten by a title insurance company reasonably acceptable to the
City.
8. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject
to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character
other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions, or other matters that appear in the commitment
and/or survey (excluding standard exceptions) which are not objectionable exceptions;
c. Any adverse ownership claim by the State of Florida by right of sovereignty to
any portion ofthe lands insured hereunder, including submerged, filled and artificially exposed lands,
and lands accreted to such lands;
d. Any agreements between the parties that are part of this
contract; and
e. Any standard exceptions not previously mentioned which are
not capable of deletion.
9. Survev. As a condition of the real property exchange closings described herein, a
registered Florida land surveyor shall survey each of the parcels. The costs thereof shall be borne by
the Owner as to both Parcell and Parcel 2.
10. Closings and Possession. The real property exchange closings described in this
Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in
possession of that parcel transferred to said transferee.
11. Property Taxes. To the extent any property taxes are assessed, all property taxes shall
be prorated at closing to reflect ownership of the respective parcels as of the closing date.
12. Closing Costs. The Owner shall pay the following closing costs and expenses in
connection with the closing:
a. All documentary stamps in connection with the conveyance of the property;
b. The premium and all search fees payable for the owner's policies of title
insurance for both parties;
c. Recording fees in connection with those instruments necessary to render title
acceptable to the Purchaser; and
d. Owner's costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its attorneys' fees.
14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the
parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the
contract was executed, ordinary wear and tear excepted.
15. Assignability. This contract may be assigned in the same manner as allowed in the
Development Agreement.
16. No Brokers. Each party affirmatively represents to the other party that no brokers
have been involved in this transaction and that no broker is entitled to payment of a real estate
commission because of this transaction.
17. Notices. All notices which are required or permitted hereunder must be in writing and
shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of
actual receipt by the addressee): (i) three (3) business days after having been deposited in the United
States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid; or
(ii) one (1) business day after having been deposited with an expedited, overnight courier service
(such as by way of example but not limitation, U.S. Express Mail or Federal Express), addressed to
the party to whom notice is intended to be given at the address set forth below with all delivery fees
prepaid:
As to Owner:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
With a copy to:
Timothy A. Johnson, Jr., Esq.
911 Chestnut Street
Clearwater, FL 33757
As to City:
William B. Horne II
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this paragraph, but notice of change of
address is effective only upon receipt.
18. Entire Contract. This contract and the exhibits referenced herein embodies and
constitutes the entire understanding among the parties with respect to the real property exchange
transaction contemplated herein and all prior or contemporaneous agreements, understanding,
representations and statements, oral or written, are merged into this contract. Neither this contract nor
any provisions hereof may be waived, modified, amended, discharged or terminated except by an
instrument in writing signed by the party. against which the enforcement of such waiver, modification,
amendment, discharge or termination is sought, and then only to the extent set forth in such
instrument.
19.
of Florida.
Applicable Law. This contract is construed in accordance with the laws of the State
20. Headings. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this contract.
21. Binding Effect. This contract shall be binding upon and shall inure to the benefit of
the parties hereto and their heirs, personal representatives and successors by law.
22. Interpretation. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
contract and any related instruments shall not be construed more strictly against one party than against
the other by virtue of the fact that initial drafts were made and prepared by counsel for one of the
parties, it being recognized that this contract and any related instruments are the product of extensive
negotiations between the parties and that both parties have contributed substantially and materially to
the final preparation of this contract and all related instruments.
24. Other Agreements. No prior or present agreements or representations shall be
binding upon either party unless included in this contract or in the Development Agreement. No
modification or change in this contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties to be bound thereby.
25. No Partnership, Etc.. Nothing in this contract shall be construed to constitute the
creation of a partnership or joint venture between the parties.
26. Counterparts. This Agreement may be executed in several counterparts, each
constituting a duplicate original, but all such counterparts constituting one and the same Agreement.
Countersigned:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Pamela K. Akin
City Attorney
Witness:
CITY:
CITY OF CLEAR WATER, FLORIDA
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
OWNER:
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
Exhibit A
City owned property -- portion of Gulfview adjacent to North side ofK & P property.
Exhibit B
K & P owned property - Coronado dedication.
EXHIBIT M
SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS SCHEDULE
ITEM DURATION COMPLETION DATE
Complete design and construction plans January 2005
Bid & award construction contract 3 months April 2005
Construct S. Gulfview detour & Coronado 12 months April 2006
Improvements
Construct S. Gulfview & Beach Walk 12 months May 2007
from Central Plaza north to Coronado
Construct S. Gulfview & BeachWalk from 12 months June 2008
Central Plaza to southern end
Final proiect clean-up & Grand Opening 4 months November 2008
TIM, WILL GET YOU THE REAL EXHIBIT M WHEN I GET IT
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EXHIBIT 0
PARKING PROTOCOL
The following parking protocol shall be implemented by the Developer in order to reduce the
incidence of traffic backups at the entrance to the Project at Gulfview Boulevard (the "Gulfview
Entrance"):
1. Adequate valets shall be employed to handle anticipated traffic volumes. Valets shall be
provided as needed in the porte cochere area as well as on each parking level where valet
parking scrvice is required to park the cars of hotel guests or the public.
2. Vehicles unable to access the parking garage because of unavailability ofa parking elevator
shall be parked in the porte cochere area of the Project (the "Porte Cochere") so long as space,
and until elevator transport, is available.
3. The Gulfview Entrance shall be closed by Hotel personnel at any time that the vehicular
traffic in the Porte Cochere prevents vehicles entering the area from Gulfview Boulevard
without undue delay.
4. Vehicles unable to use the Gulfview Entrance because of its closure will be given written
instructions by Hotel personnel directing them to the street level parking entrance on
Relocated First Street (the "Relocated First Street Entrance").'
5. Hotel event planners will take all steps reasonably necessary to encourage use of the parking
accessed by the Relocated First Street Entrance for events likely to cause a traffic backup on
Gulfview Boulevard. For example, (i) parties booking such events will be provided copies of
written directions suitable for distribution advising guests to avoid the Gulfview Entrance and
directing them to proceed directly to the Relocated First Street Entrance and (ii) prior to such
events steps will be taken to maximize the number of spaces available in the street level
parking area for use by guests attending the event.,
fQ-', fLDi
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AGREEMENT FOR DEVELOPMENT OF PROPERTY
between
THE CITY OF CLEARWATER, FLORIDA
and
K & P CLEARWATER ESTATE, LLC
Dated as of
, 2004
EXHIBITS
Legal Description of Developer's Property A
First Street Dedication,
And Relocated Coronado A-I
Vacations of Rights of Way A-2
Project Description and Preliminary Project Plans B
Hotel Quality Standard B-1
Project Site C
Coordinated Design of South Gulfview
and Beach Walk Improvements D
Declaration of Covenants and Restrictions E
Covenant Regarding Hurricane Evacuation
& Use and Occupancy of Resort Hotel F
Required Permits and Approvals G
Pedestrian Access Improvements H
South Gulfview and Beach Walk Improvements and
Related Improvements I
Covenant of Unified Use J
License Agreement K
Contract for Exchange of Real Property L
South Gulfview and Beach Walk Improvements Schedule M
Representative Cross Section of First Street
N
2
THIS AGREEMENT for Development of Property (together with all exhibits, modifications and
amendments, this "Agreement") is made as of this day of , 2004, by and
between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"),
and. K & P CLEARWATER ESTATE, LLC, a Florida limited liability company (the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community revitalization effort for
Clearwater Beach;
WHEREAS, one ofthe major elements ofthe City's revitalization effort is a preliminary plan for the
revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements
along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed
improvements are known as Beach Walk;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition
and re-establish Clearwater Beach as a quality, family resort community and further provides for a
limited pool of additional hotel units ("Hotel Unit Pool") to be made available for such projects;
WHEREAS, because increased residential density on barrier islands is a critical concern under
Florida law, Beach by Design limits the use of the Hotel Unit Pool to overnight accommodations
and limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the operation of a proposed
project as resort hotel operating under a national or international "flag" or other comparable
marketing affiliation or program;
WHEREAS, the Developer proposes to develop a resort hotel and mixed use project on certain
property fronting on South Gulfview and, subject to the mutual promises set forth ofthis Agreement,
has proposed to include in that proj ect one hundred (100) parking spaces for use by the public as a
replacement for the on-street parking spaces removed from South Gulfview in front ofthe project in
connection with the relocation of South Gulfview as contemplated by this Agreement;
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the project contemplated by this Agreement in accordance with the goals and
objectives of Beach by Design;
WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter
163.3220 Fla. Stat. (2003) and any other applicable law;
3
WHEREAS, the City has determined that, as ofthe Effective Date ofthis Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, the City has conducted public hearings as required by ~ 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on , 2004, the City Council approved this
Agreement and authorized and directed its execution by the appropriate officials of the City;
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's
goals of enhancing the viability of the resort community and in furtherance of the objectives of
Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to
execute this Agreement on Developer's behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as
herein otherwise expressly provided:
1. "Additional Hotel Units" means the two hundred and fifty (250) hotel rooms from the
Hotel Unit Pool established by the City pursuant to Beach by Design, which are allocated to
Developer by this Agreement for use in the Project.
2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach
dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the
Pinellas County Planning Council's Rules for the designation of a Community Redevelopment
District, as amended through the Effective Date.
3. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
4. "City Council" means the governing body of the City.
5. "Commencement Date" means the date on which the Developer commences or causes a
contractor to commence construction on the foundation or other structural element ofthe Project.
6. "Completion Date" means the date on which the final certificate of occupancy required for
the Project is issued, which issuance shall not be unreasonably withheld or delayed.
4
7. "Residential Condominium" means that portion of the Project containing Residential
Units, together with any common elements within the Project intended solely for the use of the
residents of such Residential Units, their guests and invitees.
8. "Residential Units" means those individual residential condominium units and
entitlements therefor which are part of the Residential Condominium but shall not include Hotel
Units regardless ofthe form of ownership.
9. "Hotel Unit Pool" means that hotel unit density pool created by the Citypursuantto Beach
by Design.
10. "Developer" means, K & P Clearwater Estate, LLC, and its successors and assigns (see
Article 18).
11. "Developer's Property" means those properties owned by Developer on the Effective
Date of this Agreement, which properties are more particularly described in Exhibit A to this
Agreement.
12. "Developer's Pro Rata Share" means Developer's pro rata share of the Net Cost of
South Gulfview and Beach Walk Improvements, as calculated in Article 5.
13. "Effective Date" means the date this Agreement is signed by all parties.
14. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments,
forms of instruments, and other documents attached and designated as exhibits to this Agreement,
which are hereby incorporated herein and made a part hereof by reference.
15. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms
currently existing on the Developer's Property.
16. "Expiration Date" means that date ten (10) years following the Effective Date on which
this Agreement automatically expires.
17. "First Street Dedication" means that dedication by Developer to the City of a portion of
the Developer's Property of approximately sixty (60) feet in width, as more fully described on
Exhibit A-I hereto.
18. "Hotel" means that resort hotel, which is part of the Project, containing at least three
hundred and fifty (350) hotel rooms and a maximum of four hundred and fifty (450) hotel rooms,
together with amenities and common areas located on the Project Site, but excluding the portion of
the Project which is the Residential Condominium.
19. "Hotel Units" means the Existing Hotel Units, plus the Additional Hotel Units.
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20. "Land Exchange" means that property exchange to occur on the terms and conditions set
forth in Exhibit L hereto.
21. "License" or "License Agreement" means that license granted to the Developer to allow
the construction, operation, maintenance, repair, replacement and other matters concerning or
affecting the Pedestrian Access Improvements substantially in the form of Exhibit K hereto.
22. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
23 . "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the
South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable
funds from sources other than the City (other than any fair share or pro rata payments made by the
owners of other properties which front on South Gulfview).
24. [ALTERNATE IF CITY COUNCIL ACCEPTS CURRENT DESIGN.]"Pedestrian
Access Improvements" means that proposed pedestrian bridge originating on the Project Site,
passing over South Gulfview and landing on the beach west of South Gulfview, (the "Bridge"), as
depicted in Exhibit H, which Bridge shall be dedicated to and owned by the City.
[ALTERNATE IF CITY COUCIL DOES NOT ACCEPT CURRENT DESIGN.]
"Pedestrian Access Improvements" means a proposed pedestrian bridge designed substantially as
depicted on Exhibit H, originating on the Project Site, passing over South Gulfview and landing on
the beach west of South Gulfview, (the "Bridge"), at a location (i) agreed to by City Staff and the
Developer within thirty (30) days after the Effective Date, or failing such agreement, (ii) as may be
approved by City Council. If this change in location of the Pedestrian Access Improvements from
that shown on Exhibit H is considered by the Community Development Coordinator as constituting
other than a "minor revision" as defined in Section 4-406.A. ofthe Community Development Code,
then City Staff is directed to advise the CDB that the City Council (i) has determined the Bridge to
be in the public interest, (ii) requests that the relocation ofthe Bridge be approved by the CDB but
(iii) recognizes that it is in the discretion of the CDB whether to approve the change in location."
25. "Permits" means all land development approvals and consents required to be granted,
awarded, issued, or given by any governmental authority in order for construction ofthe Project, or
any part thereof, to commence, continue or be completed.
26. "Plans and Specifications" means, as to each part ofthe Project to be developed, the site
plan for that part of the Project to be developed, filed with the City as required by governing land
development regulations ("Land Development Regulations") for the purpose of review and approval.
27. "Project" means, collectively, development ofthe Project Site as a Hotel together with
accessory retail and restaurant uses and Residential Condominium which is proposed by the
Developer as described in this Agreement and in the preliminary plans therefor which are attached
hereto as Exhibit B.
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28. "Project Site" means the land area which includes the Developer's Property, as modified
by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is
generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by
the southern boundary of Relocated South Gulfview, (c) on the south by the northern boundary of
Relocated First Street, and (d) on the west by the centerline of existing South Gulfview, which site is
more particularly described on Exhibit C.
29. "Public Parking Spaces" means one hundred (100) parking spaces to be provided by
Developer in the Project for use by the general public as described more fully in Paragraph 2.03(1) of
this Agreement.
30. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way
approximately seventy-eight (78) feet in width to be contiguous to and running north to south along
the east boundary ofthe Project Site, as situated following the Land Exchange, as depicted in Exhibit
A-I to this Agreement.
31. "Relocated First Street" means that proposed three (3)-lane, two-way public road
approximately sixty (60) feet in width to be contiguous to and running east to west along the south
boundary of the Project Site between Coronado and South Gulfview, the location of which is
depicted on Exhibit N hereto.
32. "Relocated South Gulfview" means that two (2)-lane, two-way public right of way
approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north
to south along the west boundary of the Project Site and running east to west along the north
boundary ofthe Project Site, as situated following the realignment of South Gulfview as a result of
the South Gulfview and Beach Walk Improvements.
33. "South Gulfview and Beach Walk Improvements" means (a) the proposed realignment
and construction of South Gulfview as a two (2) lane, two-way road approximately twenty-eight (28)
feet in width and associated improvements ("South Gulfview Improvements") and (b) the
construction of a promenade, a bicycle/skating path, a beachfront pedestrian path ("Beach Walk
Improvements") as shown on Exhibit I hereto.
34. "Vacations of Rights of Way" means the abandonment by the City in favor of the
Developer in furtherance ofthe goals and objectives ofthe Comprehensive Plan, of (a) the existing
right-of-way of First Street between the western boundary ofthe existing right of way of Coronado
and the centerline ofthe existing right of way of South Gulfview ("First Street Vacation") and (b) the
eastern half ofthe existing right-of-way of South Gulfview contiguous to the Developer's Property,
which abandonment is anticipated to result in the addition to the Developer's Property ofa parcel
thirty-five (35) feet wide running along and contiguous to the western boundary ofthe Developer's
Property to facilitate development of the Project ("South Gulfview Vacation"). Such parcels to be
abandoned are more particularly described on Exhibit A-2 hereto.
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1.02. Use of Words and Phrases. Words ofthe masculine gender shall be deemed and construed
to include correlative words ofthe feminine and neuter genders. Unless the context shall otherwise
indicate, the singular shall include the plural as well as the singular number, and the word "person"
shall include corporations and associations, limited liability companies, partnerships, any other
business entity of a type recognized by law, including public bodies, as well as natural persons.
"Herein" "hereby" "hereunder" "hereof" "hereinbefore" "hereinafter" and other equivalent words
, , " ,
refer to this Agreement as a whole and not solely to the particular paragraph or section in which any
such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed Project, including the design,
construction, completion and operation ofthe Project, and each part thereof, is hereby found by the
parties hereto: (1) to be consistent with and in furtherance ofthe objectives ofthe Comprehensive
Plan ofthe City, (2) to conform to the provisions of Florida law, (3) to be in the best interests ofthe
citizens of the City, (4) to further the purposes and objectives of the City, including without
limitation, the addition of resort hotel rooms adjacent to the beach providing for transient occupancy
pursuant to the standards established hereunder, (5) to further the public interest on Clearwater
Beach, and (6) to implement Beach by Design for South Gulfview, including the implementation of
the South Gulfview and Beach Walk Improvements and the Pedestrian Access Improvements to be
constructed as a part ofthe Project.
2.02. Purpose of Agreement. The purpose ofthis Agreement is to further the implementation of
Beach by Design by providing for the development of the Project Site and to provide for the
construction of certain public improvements, all to enhance the quality oflife, increase employment
and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance
with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by
and in accordance with the provisions of Florida law.
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking, resort hotel, restaurant,
retail uses and appropriate accessory uses, and Residential Condominium and shall be developed in
substantial conformity with the preliminary plans of development which are attached as Exhibit B.
The Project Site is within a "Community Redevelopment District," pursuant to the Pinellas County
Planning Council's Rules, which authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on the Project Site shall be:
a. Public Parking - Developer shall provide the Public Parking Spaces as part of
the Project. In addition, the Developer will make parking spaces within the Project available to the
public on a space available basis.
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b. Private Parking - The Developer shall provide at least that number of private
parking spaces for use in connection with the Project as required by the City's Land Development
Regulations.
c. Hotel - The Hotel shall include at least three hundred and fifty (350) hotel
units and no more than four hundred and fifty (450) hotel units, a minimum of twenty thousand
(20,000) square feet of Meeting Space and other amenities accessory to the Hotel, including, but not
limited to restaurants, bars, exercise and spa facilities, outdoor recreation space, storage, back office
and administration areas and other functional elements related to the Hotel, including not more than
thirty-seven thousand (37,000) square feet of retail/ restaurant floor area. Ofthe hotel units, 250 are
Hotel Pool Units, which shall be required to be submitted to a rental program requiring that such
units be available for overnight hotel guests on a transient basis for no fewer than 330 days in any
calendar year, subject to force majeure events or renovation activities making such rooms
unavailable for occupancy. In order to assure the high quality resort experience called for under this
Agreement, all such units, as well as the units not representing Hotel Pool Units, shall be operated by
a single hotel operator who shall meet the requirements as to operating standards set forth in Exhibit
B-1 of this Agreement.
d. Residential Condominium - Those Residential Units permitted pursuant to
the formula for conversion of Existing Hotel Units to Residential Units set forth below, together
with any common elements dedicated to the sole use of residents ofthe Residential Condominium.
Existing Hotel Unit Conversion Formula: Developer shall be entitled to convert Existing
Hotel Units to Residential Units in a ratio of four (4) Existing Hotel Units to three (3)
Residential Units. Thus, for example, Developer may elect to build three hundred and fifty
(350) Hotel Units and seventy five (75) Residential Units within the Project, instead offour
hundred and fifty (450) Hotel Units.
The Developer has received Flexible Development approval to build three hundred and fifty (350)
Hotel Units and seventy five (75) Residential Units (the "HotellResidential Unit Composition")
within the Project pursuant to a Flexible Development Application. Notwithstanding anything to the
contrary in this Agreement, ifthe Developer wishes to include in the Project a hotel and Residential
unit composition other than the HotellResidential Unit Composition, the Developer understands that
it must submit a new Flexible Development Application to request approval of such other
composition.
e. Pedestrian Access Improvements - Those Pedestrian Access Improvements as
described in Exhibit H which is attached to this Agreement.
2. Nothing shall preclude the Developer from developing or operating all or portions of
the Project using any ownership format in any combination, provided such format and combination
are permitted under Florida Statutes, including, without limitation, individual ownership, provided
9
that the requirements as to availability for transient occupancy and as to a single hotel operator set
forth in 2.03 (1) (c) are satisfied.
3. Up to twenty-five percent (25%) ofthe Hotel Units, or such greater percentage, ifany,
which is permitted by the City's Land Development Regulations at the time of issuance ofa building
permit for the Hotel, may be suites with kitchens, including all typical kitchen equipment and
amenities. In addition, partial kitchens or mini-kitchens may be permitted.
4. Notwithstanding any other provision ofthis Agreement, no occupancy in excess of
thirty (30) days per stay shall be permitted in any Hotel Unit. In addition, no Hotel Unit shall be
used as a primary or permanent residence and each Hotel Unit shall be required to be available to
transient hotel guests and to be operated as described in Paragraph 2.03(1)(c). Prior to the issuance
of a certificate of occupancy for the resort hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in accordance with Exhibit F, limiting the
use and operation ofthe Hotel Units, implementing this paragraph. Further, Developer shall cause
rentals of Residential Units to be restricted in documentation governing the Residential
Condominium to comply with applicable City ordinances and other laws limiting short-term rentals
in effect at the time the first building permit is issued for the Project, including, without limitation,
Ordinance No. 7105-03
5. As a condition ofthe allocation of Additional Hotel Units pursuant to the designation
of Clearwater Beach as a Corinnunity Redevelopment District pursuant to the Pinellas County
Planning Council's Rules, the Developer shall comply with each of the standards established in
Beach by Design, including:
a. The Hotel shall provide a full range of on and off site amenities for Hotel
guests, including at least one full service restaurant, room service, valet parking, exercise facilities,
pool, meeting areas and access to boating, fishing and golf off site or comparable amenities. Off site
amenities may be provided through a concierge service.
b. The Hotel shall be operated as a national or international "flag" or as part of
another comparable marketing affiliation or program which will ensure support ofthe repositioning
of Clearwater Beach as a resort destination. The parties agree that membership in the American
Automobile Association ("AAA"), the Mobil Travel Guide ("MTG"), or any other comparable
organization approved by the City and maintaining the Hotel in a condition and quality level as more
fully described in Exhibit B-1 ("Minimum Quality Standards"), shall constitute compliance with the
resort quality standards of Beach by Design.
c. The Hotel shall be of exceptional architectural design and shall be fitted with
high quality finishes and furnishings. The parties agree that the architectural design depicted on
Exhibit B meets this requirement.
d. Prior to the issuance of a fmal certificate of occupancy for the Hotel, the
Developer shall record a covenant and restriction which is enforceable by the City substantially in
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the form of Exhibit E, limiting the use and operation of the Hotel, obligating the Developer to
develop, implement and operate, at all times when the Hotel is open, a trip generation management
program which shall include the provision of non-private automobile access to and from the Hotel
for Hotel guests which shall include, at least an airport shuttle and resort-provided transportation to
off-site amenities and attractions.
e. Prior to the issuance of a building permit authorizing the construction of the
Hotel Units, the Developer shall record a covenant and restriction which is enforceable by the City,
substantially in the form of Exhibit F, addressing the use and operation of the Hotel, which is
enforceable by the City, that obligates the Developer to close and vacate all persons (except for
emergency personnel required to secure and protect the facilities) from all Hotel Units within the
Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane
Center which includes Clearwater Beach.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development ofthe Project and each component thereofis dependent upon the continued cooperation
of the City and the Developer, and each agrees that it shall act in a reasonable manner. Each party
agrees to provide the other party with complete and updated information from time to time, with
respect to the conditions such party is responsible for satisfying hereunder and make good faith
efforts to ensure that such cooperation is continuous, the purposes ofthis Agreement are carried out
to the full extent contemplated hereby and the Project is designed, constructed, completed and
operated as provided herein. Further, the parties shall cooperate reasonably with one another to
facilitate, obtain permits for and not interfere with the construction ofthe South Gulfview and Beach
Walk Improvements, as well as construction of Relocated Coronado, Relocated First Street,
Relocated South Gulfview and construction and operation ofthe Project. Provided that Developer
timely complies with the terms of Exhibit L, the requirements for the First Street Dedication, and
pays Developer's pro rata share ofthe South Gulfview and Beach Walk Improvements, as described
in this Agreement, the City will use reasonable diligence to complete such improvements in front of
the Project on or before the Completion Date.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
1. Land Use Desie:nation. The Project Site is designated Tourist District in the City's
Land Development Regulations.
2. Amendments to Comprehensive Plan & Land Development Ree:ulations. The
City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and
Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community
Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning
Council Rules.
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3. Grant of Additional Hotel Units. Subject to the terms and conditions of this
Agreement and compliance with applicable law, the City hereby allocates and grants to Developer
from the Hotel Unit Pool the right to build two hundred fifty (250) hotel rooms in addition to the
Existing Hotel Units, making the Project Site eligible to contain a maximum of four hundred fifty
(450) Hotel Units. The allocation of the Additional Hotel Units from the Hotel Unit Pool shall
expire and be of no further force and effect unless Developer makes payment of Developer's Pro
Rata Share as provided in Paragraph 5.05 on or before two (2) years after the Effective Date ofthis
Agreement or the Commencement Date occurs on or before three (3) years after the Effective Date of
this Agreement.
3.02. Development Approvals and Permits.
1. Applications for Development Approval. The Developer shall prepare and submit
to the appropriate governmental authorities, including the City, applications for approval of all plans
and specifications necessary for the Project, and, except as expressly provided otherwise in this
Agreement, shall bear all costs of preparing such applications, applying for and obtaining such
permits, including payment of any and all applicable application, inspection, regulatory and impact
fees or charges. The City shall, to the extent possible, expedite review of all applications. A list of
all permits and approvals required to implement the provisions of this Agreement is attached as
Exhibit G. The failure of this Agreement to address a particular permit, condition, or term of
restriction shall not relieve the Developer ofthe necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
2. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining all necessary Permits required for the construction, completion of the Project and its
opening for business. If requested by the Developer and authorized by law, the City will join in any
application for any Permit, or, alternatively, recommend to and urge any governmental authority that
such Permit or Permits be issued or approved.
3. City Authority Preserved. The City's duties, obligations, or responsibilities under
any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 3.02, shall
not affect the City's right, duty, obligation, authority and power to act in its governmental or
regulatory capacity in accordance with applicable laws, ordinances, codes or other building
regulations. Notwithstanding any other provision of this Agreement, any required permitting,
licensing or other regulatory approvals by the City shall be subject to the established procedures and
substantive requirements ofthe City with respect to review and permitting of a project of a similar or
comparable nature, size and scope. In no event shall the City, due to any provision of this
Agreement, be obligated to take any action concerning regulatory approvals except through its
established procedures and in accordance with applicable provisions oflaw.
4. Transportation Impact Fee Credits. The City shall, to the extent authorized by
applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount
of transportation impact fees paid by the Developer to the City which are intended for use by the
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City. The South Gulfview and Beach Walk Improvements are described on Exhibit I hereto. To the
extent such credits are lawfully available, the City shall also use its best efforts to secure from
Pinellas County, Florida (the "County") a credit toward Developer's Pro Rata Share, of
transportation impact fees intended for use by and collected by the County in connection with the
Project.
3.03. Concurrency.
1. Concurrency Required. The parties hereto recognize and acknowledge that Florida
law (specifically, Part IT, Chapter 163, F. S., and Rule 9J-5, Florida Administrative Code, collectively
the "Growth Management Act") imposes restrictions on development if adequate public
improvements are not available concurrently with that development to absorb and handle the demand
on public services caused by development. The City has created and implemented a system for
monitoring the effects of development on public services within the City. The Developer recognizes
and acknowledges it must satisfy the concurrency requirements of Florida law and the City's
regulations as applied to this Project.
2. Reservation of Capacity. The City hereby agrees and acknowledges that, as ofthe
Effective Date ofthis Agreement, the Project satisfies the concurrency requirements of Florida law.
The City agrees to reserve the required capacity to serve the Project for the Developer and to
maintain such capacity until three (3) years following the Effective Date. The City recognizes and
acknowledges that the Developer will rely upon such reservation in proceeding with the Project.
3. Required Public Facilities. In addition to the obligations of the City and the
Developer set out in Article 5 of this Agreement, the Public Utilities Department of the City will
provide potable water service and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibility for Preparation of Plans and Specifications. Except as otherwise
expressly provided in this Agreement, the Developer shall be solely responsible for and shall pay the
cost of preparing , submitting and obtaining approval ofthe Plans and Specifications for the Project.
2. Use ofOualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to
prepare the Plans and Specifications.
ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. The Developer is the owner ofthe Developer's Property and
after effectuation ofthe Land Swap and First Street Dedication, will be the owner of the Project Site.
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5.02. Project Site. The Project Site consists ofthe property more particularly described in Exhibit
C.
5.03. City's Obligations.
1. Vacations of Ri2hts-of- W avo Developer shall apply for, and the City Council shall
consider the adoption of an ordinance vacating (a) the First Street Vacation, and (b) the South
Gulfview Vacation, both as described on Exhibit A-2. The First Street Vacation shall be effective
upon the dedication ofthe Relocated First Street to the City. The South Gulfview Vacation shall be
effective upon: 1) payment of the Developer's Pro Rata Share; 2) the Land Exchange; and 3)
relocation of South Gulfview as provided herein.
2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be
calmed to control speed on that portion of South Gulfview to the north and west ofthe Project to a
design speed of20 miles per hour.
3. Permits. The City will cooperate and coordinate with the Developer with regard to
all permit applications, including those to state agencies, and will facilitate or expedite, to the
greatest extent possible, the permit approval process.
4. Cafe Seatint!. The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor cafe seating in connection with the Project. In that
connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Pedestrian Access Improvements Approval. Upon request by Developer, the City
shall grant the Developer the ability to construct the Pedestrian Access Improvements and, in that
connection, no later than the Commencement Date, the City shall grant to the Developer a License
Agreement as described in Exhibit K.
6. Land Exchan2e. The City is the owner of that portion of South Gulfview abutting
the north boundary of the Developer's Property as more particularly described as "Parcell" in the
Contract for Exchange of Real Property attached hereto as Exhibit L. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "ParceI2" in Exhibit L.
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of ~ 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit L and the Council hereby authorizes execution thereof.
8. Approval of Plans and Specifications for the South Gulfview and Beach Walk
Improvements. The City shall prepare plans and specifications and budgets for the South Gulfview
and Beach Walk Improvements. The City shall make available drafts of such plans, specifications
and budgets to the Developer for review and comment. The City shall consider the Developer's
comments and recommended changes in the plans, specifications and budgets to the extent that the
14
matter on which the Developer is commenting materially impacts the Developer or the Project. The
City and the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the Project as
provided in this Agreement below, and, for that purpose, the City shall make available to the
Developer copies of the, plans, specifications, and related construction and landscaping contracts,
drawings and schedules finally approved by the City.
9. Timelv Completion. The City and the Developer recognize the importance ofthe
timely completion ofthe proposed Project and ofthe completion of South Gulfview and Beach Walk
Improvements, and time is deemed to be of the essence. The City considers this Agreement as
overall authority for the Developer to proceed to obtain all required permits, and agrees to implement
a fast-track review, permitting, and inspection program for the Project. The City agrees to use its
best efforts to complete the required public improvements including the widening of Coronado, and
the realignment of South Gulfview and the construction of Beach Walk Improvements along the
boundaries of the Project Site, as provided in Exhibit M (the "South Gulfview and Beach Walk
Improvements Schedule"). The City's utilization ofthe construction schedule described in Exhibit M
is dependent upon payment by Developer of Developer' s Pro Rata Share (defined herein) to the City
prior to the City awarding the construction contract.
10. Desi2n Coordination. The City agrees to reasonably cooperate and coordinate the
design of the South Gulfview and Beach Walk Improvements adj acent to the Project Site, such that
the design of those improvements integrates in a reasonable manner with the Project design. In that
connection, the design shall substantially conform to those concepts depicted on Exhibit D. Without
limiting the foregoing, it is agreed that the City will design the South Gulfview and Beach Walk
Improvements such that pedestrian access from the Beach Walk is elevated in front ofthe Project to
a level of ten (10) feet NA VD to allow reasonable access points onto the Beach Walk from the
Project.
11. Construction SeQuencine. To the extent possible, the City shall construct the South
Gulfview and Beach Walk Improvements in a manner and fashion which will not unreasonably
restrict access to the hotels currently existing on the Developer's Property or to the Proj ect Site on or
after the Commencement Date.
5.05. Obligations ofthe Developer.
1. Development and Operation ofthe Proiect. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Hotel which is a component of
the Project, shall contain no less than three hundred and fifty (350) and no more than four hundred
and fifty (450) Hotel Units and shall conform to the Minimum Quality Standard as provided for in
Exhibit B-1.
2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
15
Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Relocated First Street. In conjunction with and conditioned upon the Vacation of
First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for
the Relocated First Street, including pavement, sidewalks and streetscaping. Construction of
Relocated First Street shall be completed on or before the later of (i) two (2) years after the Effective
Date or (ii) the issuance of a final certificate of occupancy for the Project described in the Second
Amended and Restated Development Agreement for Property in the City of Clearwater between the
City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is
attached hereto as Exhibit N.
4. Public Parkin!! Spaces: Parkin!!: Protocol The Developer may charge fees to the
public for use of the Public Parking Spaces, on terms and rates which are market-based and
commensurate with terms and rates which are in effect for comparable beachfront, covered parking
structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees, subject to
taxes and similar impositions generally applicable to such income. Unless robotic parking is
approved as set forth in Paragraph 4.b. below, Public Parking spaces within the Project shall be no
narrower than nine (9) feet and no shorter than nineteen (19) feet, and no two-way aisle shall be less
than twenty four (24) feet in width. The Public Parking Spaces may be provided by Developer by
either of the following means:
a. The Developer shall provide (i) fifteen (15) self-park public parking spaces on
the parking level accessed via Relocated First Street and (ii) eighty-five (85) public parking spaces in
spaces not assigned to Residential Condominium owners, which spaces shall be accessed via, a valet
parking service operated twenty-four hours per day, seven days per week at no cost to the public
other than the Parking Fee ("Parking Service").
b. In the alternative, the Developer may seek the approval of the City's
Community Development Board ("CDB") of an amendment to the Plans and Specifications that
would designate Public Parking Spaces or provide robotic parking, or both such that the Public
Parking Space requirement is met. If this alternative is elected by the Developer, the obligation to
operate the Parking Service shall be terminated if one hundred (100) Public Parking Spaces are so
designated.
c. In addition, as space is available due to seasonal or other fluctuations in
parking demand, the Developer, in its reasonable discretion, will make additional spaces available
for public parking at the Parking Fee, such spaces being accessed via self parking or valet service, as
applicable.
The Developer shall implement the Parking Protocol described on Exhibit O. which shall be
applicable to all parking with in the Project
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5 Pedestrian Access Improvements. The Developer shall have the right but shall not
be obligated to construct the Pedestrian Access Improvements. If Developer elects to construct such
improvements, Developer shall be responsible for their design and construction subject to the review
and approval of the design by the City.
6. Dedication of Pedestrian Access Improvements. In the event the Developer elects
to build the Pedestrian Access Improvements, the Pedestrian Access Improvements shall be
dedicated to and owned by the City and open to the public and operated in accordance with the terms
ofthe License Agreement. The public shall have access to the Bridge at the street level on both the
east and west sides ofthe Bridge. The Developer is not required to permit ingress by the public from
the Bridge into the Hotel, the Residential Condominium or any other portion ofthe Project or related
amenities on the Project Site.
7. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata
Share, less only the transportation impact fee credits which may be credited against the Developer's
Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows:
a. In the event that the City is able to finance, and notifies the Developer that it
intends to commence construction of all of the South Gulfview and Beach Walk Improvements as a
single project on or before the date ofthe Developer's application for the first building permit for the
Project, then, prior to the issuance of the first building permit for the Project, upon Developer's
request, the City shall provide the Developer with copies of the South Gulfview Beach Walk
Improvements Plans and all related budgets and construction contracts finally approved by the City
in connection therewith (the "Information Package"), and as a condition of issuance of the first
building permit for the Project, the Developer shall establish a letter of credit, trust account or
escrow facility for the payment ofthe Developer's Pro Rata Share (the "Share Payment Facility"),
which shall be subject to the approval and acceptance ofthe City. The Share Payment Facility shall
make provision for the City to be able draw down the Developer's Pro Rata Share in amounts equal
to the percentage completion certified by the City Manager of the City multiplied times the
Developer's Pro Rata Share. The Developer's Pro Rata Share shall be the Net Cost of the South
Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the
Project Site along the South Gulfview and Beach Walk Improvements is the numerator and the total
frontage along South Gulfview and Beach Walk Improvements is the denominator (the "Share
Formula").
b. In the event that the Developer determines to commence development of the
Project and the City has not arranged financing for the construction ofthe South Gulfview and Beach
Walk Improvements in their entirety and has not notified the Developer as indicated in subparagraph
(a) above, the Developer shall, prior to application for the first building permit, notify the City of its
intent to commence development of the Project ("Developer's Commencement Notice"). Within
forty-five (45) days of Developer's Commencement Notice, the City shall solicit bids for the
construction. The Developer shall pay to the City the actual bid price for the portion of the South
Gulfview and Beach Walk Improvements which are contiguous to the Developer's Project Site
which shall be considered the Developer's Pro Rata Share. Said payment shall be made
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immediately upon award of the construction contract for the South Gulfview and Beach Walk
Improvements by the City Council. To meet its payment obligation, the Developer may provide a
Share Payment Facility to be drawn upon over time, all as described in subparagraph ( a) above. The
Developer's Commencement Notice shall provide Developer's best estimate of the date on which the
Hotel would be eligible for a final Certificate of Occupancy, and the City and Developer shall act and
coordinate reasonably to cause the South Gulfview and Beach Walk Improvements Schedule and any
contracts related to those improvements to reflect an anticipated completion date on or prior to the
anticipated date of the final Certificate of Occupancy for the Hotel.
In the event that the Developer's Pro Rata Share is less than anticipated in (a) or (b) above, to the
extent the City has received any payment in excess thereof, the City shall return to the Developer any
such excess payment within thirty (30) days of such determination. In the event the Developer's Pro
Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview
and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30)
days of written request from the City.
c. In the event that any property other than the Project Site which fronts
on the South Gulfview and Beach Walk Improvements is proposed for redevelopment using units
from the Hotel Unit Pool, the developer of such property shall be required to pay a pro rata share of
the cost of both the South Gulfview Improvements and Beach Walk Improvements as a condition of
development approval. Such developer's pro rata share shall be calculated based upon the same
Share Formula set out above but applied to the proposed project.
9. Covenant of Unified Use. Prior to the issuance of the first building permit for the
Project, the Developer hereby agrees to execute the covenant of unified use and development for the
Project Site providing that the Project Site shall be developed as a single project and operated and
used as a unified mixed use project, the form of which covenant is attached as Exhibit J; provided
however, that nothing shall preclude the Developer from operating the existing improvements on the
Developer's Property other than as a unified use prior to the demolition ofthose structures existing
thereon as of the Effective Date or from selling all or a portion ofthe Project Site in a condominium
form of ownership in connection with the Project or from selling all or a portion ofthe Developer's
Property in the event that Developer determines not to construct the Project. It is understood and
agreed that, in the event that the Developer enters into the anticipated covenant of unified use and
development, and the Developer elects not to construct the Project and notifies the City of its
election in writing, and, alternatively, as of the date of expiration or revocation any rights of
Developer to incorporate the Additional Hotel Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development suitable for
recording in the Public Records of Pin ell as County, Florida.
10. Proiect Oblieations. Developer intends to diligently pursue the redevelopment of the
Project Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by
governmental authorities necessary for development of the Project, (c) construction of various
private improvements on the Project Site and (d) to the extent that a final certificate of occupancy is
18
issued for the Project, the operation of the Project as a unified and integrated project.:., The
Developer shall take all actions necessary to maintain control of the Project Site from the
Commencement Date until the Completion Date.
11. Dedications. As a condition ofthe issuance of a building permit for the Project, but
contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the
Developer shall make the First Street Dedication and effect the Land Exchange.
ARTICLE 6. Intentionally Omitted.
ARTICLE 7. CONSTRUCTION OF THE PROJECT.
7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any
contractor or provider of services with respect to the construction of any part of the Project not
constituting all or any part of public improvements.
7.02 Construction Sequencing. The Developer shall construct the Project in a manner and
fashion which will reasonably minimize the inconvenience experienced by property owners of
Clearwater Beach and the residents ofthe City directly resulting from the construction of the Project.
ARTICLE 8. [INTENTIONALLY OMITTED]
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely upon
each of the following statements:
1. To the extent that the Developer is an entity, as opposed to a natural person, the
Developer is duly organized and validly existing under the laws of the State of Florida, has all
requisite power and authority to carry on its business as now conducted, to own or hold its properties
and to enter into and perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do business in the
State of Florida, and has consented to service of process upon a designated agent for service of
process in the State of Florida.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party have been duly authorized by all necessary action on the part of,
and have been or will be duly executed and delivered by, the Developer, and neither the execution
and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the
approval and consent of any other person, except such as have been duly obtained or as are
specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation
19
or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of,
default under or results in the creation of any lien or encumbrance upon any property of the
Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the
Developer's Articles of Incorporation, Articles of Organization, or any other agreement or instrument
to which the Developer is a party or by which the Developer may be bound.
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and
binding obligation ofthe Developer enforceable against the Developer in accordance with the terms
thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any court or administrative agency against the Developer, or against any
controlling unit holder, shareholder, officer or employee of the Developer which question the validity
ofthis Agreement or any document contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the transactions contemplated
hereunder or the financial condition of the Developer.
5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid,
all taxes shown to be due and payable on such returns or on any assessments levied against the
Developer.
6. All information and other documentation, including that pertaining to the Project or
the Developer, delivered by the Developer to the City was, to the best ofthe Developer's knowledge,
on the date of delivery thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is in
Tampa, Florida.
8. As ofthe Effective Date, the Developer will have the financial capability to carry out
its obligations and responsibilities in connection with the development of the Project as
contemplated by this Agreement, meaning that, as of that date, Developer has the financial ability to
retain professional services required to obtain the required approvals for and produce documentation
required in connection with the Project and has the ability to seek financing for the construction of
the Proj ect.
9. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design, planning, construction,
completion and opening for business ofthe Project, meaning that, to the extent that the Developer
does not hold the professional licenses or possess the expertise required to execute any single aspect
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of the Project, such as, without limitation, a general contractor's license, the Developer has the
expertise to retain and supervise such persons as are required to develop the Project.
9.02. Covenants. The Developer covenants with the City that until the earlier ofthe Termination
Date (hereinafter defined) or the Expiration Date:
1. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
2. During each year that this Agreement and the obligations ofthe Developer under this
Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect
those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur
those events contemplated by this Agreement that are applicable to, and that are the responsibility of,
the Developer.
3. The Developer shall assist and cooperate with the City to accomplish the development
ofthe Project by the Developer in accordance with the Plans and Specifications and this Agreement,
and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are
or will be applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its financial capability
to develop, construct and complete the Project and shall promptly notify the City of any event,
condition, occurrence, or change in its financial condition which adversely affects, or with the
passage oftime is likely to adversely affect, the Developer's financial capability to successfully and
completely develop, construct and complete the Project as contemplated hereby.
ARTICLE 10. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the Developer may
rely on each of the following statements:
1. The City is a validly existing body corporate and politic of the State of Florida, has all
requisite corporate power and authority to carry on its business as now conducted and to perform its
obligations hereunder and under each document or instrument contemplated by this Agreement to
which it is or will be a party.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the City is or will be a party have been duly authorized by all necessary action on the part of, and
have been or will be duly executed and delivered by, the City, and neither the execution and delivery
thereof, nor compliance with the terms and. provisions thereof or hereof (i) requires the approval and
consent of any other party, except such as have been duly obtained or as are specifically noted herein,
(ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or
21
binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as
contemplated by this Agreement, results in the creation of any lien or encumbrance upon any
property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or
instrument to which the City is a party, specifically including any covenants of any bonds, notes, or
other/forms of indebtedness of the City outstanding on the Effective Date.
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding
obligations of the City enforceable against the City in accordance with the terms thereof, except as
such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
lO.02.Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
1. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those
instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those
events contemplated by this Agreement that are applicable to and are the responsibility ofthe City.
3. The City shall assist and cooperate with the Developer to accomplish the development
ofthe Project in accordance with this Agreement and the Plans and Specifications, will carry out its
duties and responsibilities contemplated by this Agreement, and will not violate any laws,
ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto,
and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption
of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or
agreements, including issuing any bonds, notes, or other forms ofindebtedness, that will result in any
provision of this Agreement to be in violation thereof.
4. Except for the demolition of existing structures on the Project Site and the removal of
objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit,
or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any
rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the
development ofthe Project.
ARTICLE 11. DEFAULT; TERMINATION.
11.01.Project Default by the Developer.
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1. There shall be an "event of default" by the Developer pertaining to the entire Project if
the Developer shall fail to substantially perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor.
2. a. If an event of default by the Developer described in subparagraph (1) above
shall occur, the City shall provide written notice thereof to the Developer, and, if such event of
default shall not be cured by the Developer within thirty (30) days after receipt of the written notice
from the City specifying in reasonable detail the event of default by the Developer, or if such event
of default is of such nature that it cannot be completely cured within such time period, then if the
Developer shall not have commenced to cure such default within such thirty (30) day period and
shall not have diligently prosecuted such cure to completion within such reasonable longer period of
time as may be necessary (provided, however, ifthe Developer is proceeding diligently and in good
faith, the curative period shall be extended for a period of not exceeding six (6) months without any
approval or consent of the City being required, but such approval will be required if the curative
period is to be extended beyond six (6) months after the notice of default has been given by the City
to the Developer, and such extended curative period may be ended by the City electing to do so upon
any Project lender finding the Developer to be in default of any Project financing and the curative
period therefor has expired without such event of default being cured) then, in addition to any
remedy available under Paragraph 12.05, the City may terminate this Agreement or pursue any and
all legal or equitable remedies to which the City is entitled, provided, however, ifthe Developer shall
fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed
diligently to timely cure such event of default, then the City may proceed to enforce other available
remedies without providing any additional notice to the Developer.
b. Any attempt by the City to pursue any ofthe above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other
remedy to which either may be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
3. Notwithstanding any provision ofthis paragraph, a default by the Developer shall not
affect the title of any Residential unit or common area conveyed by the Developer to an unrelated
third party or to a Residential Condominium association which is not controlled by the Developer.
11.02. Default by the City.
1. There shall be an "event of default" by the City under this Agreement in the event the
City shall fail to substantially perform or comply with any material provision of this Agreement
applicable to it.
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2. a. If an event of default by the City described in 11.02(1) shall occur, the
Developer shall provide written notice thereof to the City, and, after expiration of any applicable
curative period equivalent to that described in Paragraph 11.01 (2)( a)above, Developer may terminate
this Agreement, institute an action to compel specific performance ofthe terms hereofby the City or
pursue any and all legal or equitable remedies to which the Developer is entitled.
b. Any attempt by the Developer to pursue any of the above referenced remedies
will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any
other remedy to which it might be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
11.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are entitled
under this Agreement are not exclusive and are intended to be in addition to any other remedies or
means of redress to which the City or the Developer may lawfully be entitled and are not specifically
prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by
the Developer while the City shall at such time be in default of its obligations hereunder shall not be
deemed to be an "event of default." The suspension of, or delay in, the performance of the
obligations by the City while the Developer shall at such time be in default of its obligations
hereunder shall not be deemed to be an "event of default" by the City.
11.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure ofthe City or
the Developer to promptly or continually insist upon strict performance of any term, covenant,
condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument
or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any
right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a
subsequent default or nonperformance of such term, covenant, condition or provision.
11.05.Termination Certificate.
1. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly execute a
certificate prepared by the party electing to terminate this Agreement, which certificate shall
expressly state that this Agreement has been terminated in accordance with its terms, is no longer of
any force and effect except for those provisions hereofwhich expressly survive termination, that the
rights, benefits, duties and obligations of the parties hereto have been terminated and released
(subject to those surviving provisions hereof) and that the Project Site is no longer entitled to the
benefits and rights granted in this Agreement and is no longer subject to any restrictions, limitations
or encumbrances imposed by this Agreement. Such certificate shall also state the date as of which
such termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in
24
this Agreement, neither party shall have the right to require the other party to agree to a termination
of this Agreement.
2. The certificate described in subparagraph (1) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records of Pin ell as County, Florida.
ARTICLE 12.
RIGHT TO CONTEST.
12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written
notice to the City, contest by appropriate action or proceeding, conducted in good faith and with due
diligence, the amount or validity or applica~ion, in whole or in part, of any lien, any payment of any
taxes, assessments, impact fees or other public charges of a similar nature that may from time to time
be levied upon or assessed by any appropriate governmental authority against the Developer, the
Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal
property thereon, and the revenues generated from the use or operation of any or all of the above, any
other payment specifically identified in this Agreement, or compliance with any law, rule, regulation,
or other such legal requirement. Notwithstanding the foregoing, the Developer may not contest
impact fees or other public charges of a similar nature levied by the City after such fees have been
paid by the Developer and received by the City.
ARTICLE 13.
ARBITRATION.
13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the same
matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or
dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties
hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such
disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless
all parties mutually agree to terminate such proceeding prior to decision. If any arbitration
proceeding under this part adversely affects the performance of any party hereunder, then any time
periods provided herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02. Appointment of Arbitrators.
1. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of
impasse in the dispute resolution process or upon the expiration of the time period for such
arbitration to be invoked, give written notice to that effect to the other party, and shall in such notice
appoint a disinterested person who is on the list of arbitrators having at least ten (10) years of
experience in litigating complex civil disputes maintained by the American Arbitration Association
("qualified arbitrator") or a disinterested person not on such list to whom an objection is not made by
25
any other party hereto within five (5) days of receipt of the notice of such appointment as the
arbitrator or, if more than one (1) arbitrator is to be appointed, as one ofthe arbitrators.
b. Within ten (10) days after receipt ofthe notice described in subparagraph (1),
the other party shall by written notice to the original party acknowledge that arbitration has been
invoked as permitted by this Agreement, and shall either accept and approve the appointment of such
individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b)
above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of
qualified arbitrators maintained by the American Arbitration Association, and such three (3)
arbitrators shall as promptly as possible determine such matter.
b. If the second arbitrator shall not have been appointed as provided in
subparagraphs (a) and (b), the first arbitrator shall, after ten (10) days notice to the parties, proceed to
determine such matter.
c. Ifthe two (2) arbitrators appointed by the parties pursuant to subparagraphs (a)
and (b) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator
upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to
the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within
fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written
notice to the other parties hereto may request the appointment of a third arbitrator by the office in or
for the State of Florida (or if more than one office, the office located closest to the City) of the
American Arbitration Association (or any successor organization thereto), or, in its absence, refusal,
failure or inability to act, request such appointment of such arbitrator by the United States District
Court for the Middle District of Florida (which request shall be filed in the division of that court
responsible for the geographic area including the City), or as otherwise provided in Chapter 682, F.
S., known and referred to as the Florida Arbitration Act, as amended.
13.03. General Procedures. In any arbitration proceeding under this part, the parties shall each be
fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The
arbitrator or panel of arbitrators shall only interpret and apply the terms ofthis Agreement and may
not change any such terms, or deprive any party to this Agreement of any right or remedy expressed
or implied in this Agreement, or award any damages or other compensation to any party hereto. The
arbitration proceedings shall follow the Commercial Arbitration Rules and procedures of the
American Arbitration Association (or any successor organization thereto), unless specifically
modified by this Agreement, or as then agreed to by the parties hereto.
13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority ofthe panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be
conclusive upon the parties and judgment upon the same may be entered in any court having
jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties
26
stating his or their determination and specific findings which form the basis therefor within thirty
(30) days after the conclusion of the hearing or final submission of all evidence or argument.
13.05. Replacement of Arbitrator. In the event ofthe failure, refusal or inability of any arbitrator
to serve as such, promptly upon such determination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties
hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment
shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner
as provided for in the o~ginal appointment ofthe affected arbitrator in Paragraph 14.02 hereof.
13.06. Decision of Arbitrators.
1. If any decision reached by arbitration as provided in this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator( s)
promptly after the date of receipt by the Developer of such decision, and to continue such
performance to completion with due diligence and in good faith.
2. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the
City of such decision, and to continue such performance to completion with due diligence and in
good faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise provided for herein
13.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose ofthis
Paragraph 13.07, "expenses" shall include the fees and expenses ofthe arbitrators and the American
Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or
expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent)
agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
13.08. Accelerated Arbitration.
1. a. If either ofthe parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after an initial election to
invoke arbitration pursuant to Paragraph 13.02 hereof has been made, either party to such proceeding
may invoke accelerated arbitration by giving notice thereofto the other party no later than three (3)
days after arbitration has been initially invoked and the other party does not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be
accomplished by either party notifying the American Arbitration Association (or any successor
27
organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by
the American Arbitration Association (or any successor organization thereto) with the consent of the
parties to such proceeding within three (3) days after receipt ofthe request and to decide such matter
within five (5) days after such appointment.
c. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in subparagraph (2) is received by the
American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall
terminate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties
mutually agree to an extension of such time period.
2. The Developer and the City hereby agree to use such accelerated procedure only when
reasonably necessary, to not contest the appointment ofthe arbitrator or his or her decision except as
may be permitted by law, and that all other provisions ofthis part, except as are in conflict with this
Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding.
13.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended,
known and referred to as the Florida Arbitration Code.
13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, F. S., and shall be open to any member of the
public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law
or order (other than an order by a sale arbitrator or a panel of arbitrators acting under this part), the
record of such proceedings shall be a public record under Chapter 119, F. S.
ARTICLE 14.
UNAVOIDABLE DELAY.
14.01. Unavoidable Delay.
1.. Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition described in
subparagraph (1) as an event of "Unavoidable Delay" shall be excused in the manner provided in this
Paragraph 14.01.
2. "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement, acts of a public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by lay, unavailability of materials after timely ordering of same,
epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes,
tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding the Effective Date), strikes or
labor disturbances, delays due to proceedings under Chapters 73 and 74, F. S., restoration in
connection with any ofthe foregoing or any other cause beyond the reasonable control ofthe party
28
performing the obligation in question, including, without limitation, such causes as may arise from
the act ofthe other party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by the City).
3. An application by any party hereto (referred to in this subparagraph (3) and in
subparagraph (4) as the "Applicant") for an extension oftime pursuant to this subparagraph must be
in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other
party to this Agreement within seven (7) days following the occurrence of the event or condition
causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with
the exercise of reasonable diligence should have become aware) of such occurrence.
4. The Applicant shall be entitled to an extension oftime for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence ofthe event or condition causing such
Unavoidable Delay and only to the extent that any such occurrence actually delays that party from
proceeding with its rights, duties and obligations under this Agreement affected by such occurrence.
ARTICLE 15. RESTRICTIONS ON USE.
15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the
Expiration Date, no use ofthe Project, other than as described in Paragraph 2.03, shall be permitted,
other than the operation or modification of improvements existing on the Effective Date until those
improvements are demolished, unless and until the Developer or the person, if other than the
Developer, intending to so use the Project or Project Site, shall file with the City a request for a
release from the restriction imposed by this paragraph. The City Council shall promptly consider
such request and either deny the request, approve the request as filed, or approve the request subject
to such terms, conditions and limitations as the City may reasonably require in connection with the
pursuit ofthe development described in this Development Agreement. Unless specifically requested
and approved, a release of the restriction imposed by this paragraph shall not release the Developer
from any obligations or restrictions imposed by this Agreement or any agreement, instrument or
document contemplated hereby.
ARTICLE 16.
MISCELLANEOUS.
16.01. Assignments.
1. By the Developer.
a. The Developer may sell, convey, assign, transfer or otherwise dispose of any
part or all of its right, title, interest and obligations in and to the Developer's Property, the Project,
and this Agreement at any time. However, any sale, conveyance, assignment, transfer or other
disposition of the Developer's interest in this Agreement ("Assignment") that takes place prior to the
date on which Developer pays Developer's Pro Rata Share, whether in cash or by making available
the Share Payment Facility as provided in Paragraph 5.05(7), shall not be effective except upon
receipt by Developer of the City's written consent to such Assignment, which shall not be
29
unreasonably withheld or delayed. The City shall grant its written consent to such Assignment upon
receipt of (a) reasonable evidence that the purchaser, assignee or transferee ("Assignee") has the
financial ability to or the ability to obtain financing to pursue development of the Project; (b)
reasonable evidence of Assignee's expertise to pursue or ability to retain persons with the
appropriate expertise to pursue development ofthe Project, (c) ability to operate or to retain persons
with the appropriate expertise to operate the Hotel and (d) a written agreement by Assignee to
assume and to be bound by the terms ofthis Agreement.
Notwithstanding the foregoing, an Assignment to an Assignee that is a financial institution or
a partner of or investor in the Developer, shall not require the City's consent to be effective.
b. In the context of an effective Assignment, if the Assignee assumes all of the
Developer's obligations under this Agreement for the Project, or for that portion of the Project that is
subj ect to such Assignment, then the Developer shall be released from all such obligations hereunder
which have been so assumed by the Assignee, and the City agrees to execute an instrument
evidencing such release, which shall be in recordable form.
c. An Assignment by the Developer to any person or entity or trust for estate planning
purposes or to any entity in which the Developer or any ofthe persons comprising the Developer is a
general partner or has a controlling interest or, where the Developer, through ajoint venture or other
arrangement, shares equal management rights with a financial institution and maintains such
controlling interest or equal management rights shall not be subject to any restriction on or approvals
of Assignments imposed by this Paragraph 16.01, provided, however, that notice of such Assignment
shall be given by the Developer to the City not less than thirty (30) days prior to such Assignment
being effective, and the Assignee shall be bound by the terms of this Agreement to the same extent as
would the Developer in the absence of such Assignment.
d. No purchaser, assignee or transferee of all or any part of the Developer's rights or
obligations with respect to the Developer's Property, the Project, this Agreement shall in anyway be
obligated or responsible for any ofthe Developer's obligations with respect to the Project by virtue of
this Agreement unless and until such purchaser, assignee or transferee has expressly assumed the
Developer's obligations under this Agreement and written notice thereof is provided to the City.
e. Notwithstanding any other provision ofthis paragraph, the sale of individual
Residential Units or Hotel Units in the ordinary course of business shall not be subject to the
requirements of this paragraph.
2. City's Right to Assign Rights. The City shall have no right to assign its rights under
this Agreement to any person except upon the prior written consent of the Developer.
16.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the
City, and its successors and assigns, and the Developer and, as applicable to the parties comprising
Developer, their personal representatives, trustees, heirs, successors and assigns, except as may
otherwise be specifically provided herein.
30
16.03. Notices.
1. All notices, demands, requests for approvals or other communications given by either party to
another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return
receipt requested or by courier service, or by hand delivery to the office for each party indicated
below and addressed as follows:
To the Developer:
To the City:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
with copies to:
Timothy A. Johnson, Esquire
911 Chestnut Street
Clearwater, FL 33767
Pamela K. Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue, 3rd Floor
Clearwater, FL 33756
2. Notices given by courier service or by hand delivery shall be deemed received upon
delivery, and notices given by mail shall be deemed received on the third (3rd) business day after
mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at
the address indicated above (or as it may be changed) shall be deemed to have been an effective
delivery as provided in this Paragraph 16.03. The addresses to which notices are to be sent maybe
changed from time to time by written notice delivered to the other parties. Until notice of change of
address is received as to any particular party hereto, all other parties may rely upon the last address
gIven.
16.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement ofthis Agreement. This Agreement has been negotiated by
the City and the Developer and the Agreement, including, without limitation, the exhibits, shall not
be deemed to have been prepared by the City or the Developer, but by both equally.
16.05. Venue; Submission to Jurisdiction.
1. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas
County, Florida.
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2. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, PinelIas County and any federal courts having jurisdiction, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to
assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient
forum or that the venue of such action is improper or that the subject matter thereof may not be
enforced in or by such courts.
3. If at any time during the term ofthis Agreement the Developer (or any of its permitted
successors and assigns) is not a resident of Florida and , to the extent required by law, does not
register with the State of Florida the identity and location within the State of its registered agent for
purposes of service of process and, otherwise has no officer, employee or other agent available for
service of process within the State of Florida, the Developer hereby designates the Secretary of State,
State of Florida, its agent for the service of process in any court action between it and the City arising
out of or relating to this Agreement, and such service shall be made as provided by the laws of the
State of Florida for service upon a non-resident; provided, however, that at the time of service on the
Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address
for notices as provided in Paragraph 16.03.
16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not less than
ten (10) days prior notice by Developer, execute, acknowledge and deliver to the Developer and
other persons reasonably designated by Developer a statement in recordable form certifying, to the
extent true, that this Agreement has not been modified and is in full force and effect (or, if there have
been modifications, that the said Agreement, as modified, is in full force and effect and setting forth
a notation of such modifications), and that, to the knowledge ofthe City, neither it nor Developer is
then in default hereof (or if either party is then in default hereof, stating the nature and details of such
default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 may be
relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or
assignee of the respective interest in the Developer or the Project, if any, of any party made in
accordance with the provisions ofthis Agreement.
16.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein, including, without
limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto
to the date hereof, and supersedes and controls over any and all prior agreements, understandings,
representations, correspondence and statements, whether written or oral.
2. Any provision of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
3. This Agreement cannot be changed orrevised except by written amendment signed by
all parties hereto.
32
16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way define,
limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this
Agreement or construe any article, paragraph, subparagraph, or provision hereof.
16.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday
observed in the City, it shall be postponed to the next following business day.
16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part ofthis
Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached
hereto shall be treated as if they are part of this Agreement.
16.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result of the
execution and delivery of this Agreement, including any ofthe exhibits.
16.12. Not Agents. During the term of this Agreement, neither party hereunder is an agent of the
other party with respect to any and all services to be performed by such other party (and any of its
agents, assigns, or successors) with respect to or in connection with the Project.
16.13. Recording of Development Agreement. Pursuant to ~ 163 .3239, Florida Statutes (2004), the
City shall record this Agreement in the public records of Pine lIas County, Florida, within fourteen
(14) days after City Council approval ofthis Agreement. The Developer shall pay the cost of such
recording. A copy of the recorded development agreement shall be submitted to the state land
planning agency within fourteen (14) days after the agreement is recorded.
16.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and
is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a
proper exercise of the City's power and authority.
16.15. No General Obligation. In no event shall any obligation of the City under this Agreement be
or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing
power of the City within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds. Neither the
Developer nor any other party under or beneficiary of this Agreement shall ever have the right to
compel the exercise ofthe ad valorem taxing power ofthe City or any other governmental entity or
taxation in any form on any real or personal property to pay the City's obligations or undertakings
hereunder.
16.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve
either party from full compliance with any provision of State law which is applicable to any of the
obligations or under takings provided for in this Agreement. In the event that this Agreement omits
33
an obligation to comply with any provision of State law in regard to any of the obligations or
undertakings provided for in this Agreement, it is the intention of the parties that such applicable
State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that
there is any conflict between the provisions of this Agreement and applicable State law, it is the
intention ofthe parties that the Agreement shall be construed to incorporate such provisions of State
law and that such provisions shall control.
16.17. Technical Amendments. In the event that due to minor inaccuracies contained herein or
any exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting
from technical matters arising during the term ofthis Agreement, the parties agree that amendments
to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do
not change the substance of this Agreement may be made and incorporated herein. The City
Manager is authorized to approve such technical amendments on behalf of the City and is authorized
to execute any required instruments, to make and incorporate such amendment to this Agreement or
any exhibit attached hereto or any other agreement contemplated hereby.
16.18. Term; Expiration; Certificate.
1. If not earlier terminated, this Agreement shall expire and no longer be of any force
and effect on the 10th anniversary of the Effective Date (the "Expiration Date").
2. Upon completion of the term of this Agreement, all parties hereto shall execute an
Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall
be so provided in the certificate) a conclusive determination of satisfactory completion of all
obligations hereunder and the expiration of this Agreement.
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article
13.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pin ell as County, Florida. Following execution by all ofthe parties
hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the
public records of Pine lIas County, Florida and the Developer shall pay the cost of such recording.
16.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as ofthe Effective Date and do covenant and agree in the future that all approvals,
consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith,
and will not be arbitrarily or unreasonably withheld or delayed, unless otherwise expressly
authorized by the terms of this Agreement.
16.20. Effective Date. As provided by ~163.3239, Florida Statutes (2004), this agreement will
become effective after being recorded in the public records in the county and 30 days after having
been received by the state land planning agency.
34
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
The City Florida of Clearwater, Florida
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of
2004, by and , Mayor and City
Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
35
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member ofK & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf ofthe
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
36
EXHffiIT A
DEVELOPER'S PROPERTY
Parcell:
Lut ~ ~ Sl09k RA", COLUMBIA SU1l0IVISION, according to plat thttreof
recorded in ~l.t aook 13, P"g., 60, publie Records of Pin.Uas
Col,rt\ty, Florid.} 'taljllllthlllr with tho y~~.t" southerly 1 fcot of
Gulf Vis" >>wlevard adjacent to :ludcl Lot 1, lilnd the </&e6,tocl
w$.tevl],' 1 foot of Coronado Drlv<e Q,Qjc:.clrnt to :4i~ J.ol 1, sAid
va<!.t.ti ':'Oi'UOU boin; shown by Resolution f ovWltoor 21,
1959, ih a.R.. 1k>ok 15', Page 40, Publio Raco Pinell.8
CQ\lp,l:y, Flor!.~.., and aleo Lot. 44, 45, 46. 47 91. 9.~, 93. 94
9S, 9S, And 91 J 'rHI ~1.0Yl)..WHIn:..SKINNEll SUBDIVISION 1 a:CCQr<:Ung to
plat. tnul'flof reoord4td in ph.1: Book 13, Pages 12 e.nd 13, PubUc
Record:. of P1nfJl1u PoUll'!;)' J Flol ida. tog.th~r with the vaQatttd
Westerly 1.36 fee" of CO$"ona.do Drivo c.d;i.l\c-ont to s!\id Lot 93.
Parcel 11:
Lots 48, 49, 50, 51, 52 And 98, The Lloyd-White-Skinner
Subdivision, aQ~ording to the map or plat t.hereof as
t.'irecorded in Plat Book 13, paqe 12, Public Reeord& of
Pinellas County, Florida. .
Partel HI:
tlOI.:. 55, t'torth ilO feet <If Lot 56, South 20 feet of Lot lOll aU
of Lot 102, and the tTorth 30 feet of I..ot. 103, LLOYD..'iHITE-
SlUNNER SUBDiViSlUN, according to the map or plat thereof as
recorded it: Plat. Book 13, pages 12 and 13, public recordH of
i'inello.s County t Florida.
I..ets 53, 54, 99, 100 and the Northex.:ty
Ll,O'lJJ-t'iYI'l'E-SKINNt::R SUBOIVISIOW. according
l;hl,:);Qt,>f as recordod in N~t aook 13, ~gefJ
~(.C'~t'~f' <:,>1' P:f:n~!.JM County, Flor'll'hs.
1:(.!ct of Lot. 101,
the m.;\p or pli.\l
And J.1, pun iJ. r.
37
EXHIBIT A-I
First Street Dedication.
Relocated First Street
And Relocated Coronado
38
EXHffiIT A-2
VACATIONS OF RIGHTS OF WAY
EXHIBIT B
PRELIMINARY PROJECT PLANS
EXHffiIT B-1
MINIMUM QUALITY STANDARD
Exhibit B-1
Hotel Quality Standard
Minimum Quality Standards
The Development Agreement ("Agreement") between the City of Clearwater, Florida (the
"City") and K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer")
provides for the allocation of two hundred and fifty (250) resort hotel units from the Beach by
Design Hotel Unit Pool to the site on which the Developer anticipates building the project described
in the Agreement (the "Project Site"), which project is to contain, among other things, 350 hotel units
within a quality resort hotel (the "Hotel"). Beach by Design establishes physical, functional and
operational requirements for a proposed development to be eligible for an allocation of resort units
from the Hotel Unit Pool. The allocation of the resort hotel units to the Project Site represents a
significant economic incentive for the development of the Hotel.
The purpose of this Exhibit is to establish:
1. minimum quality standards for the proposed Hotel;
2. a process for assessing compliance with the minimum quality
standards; and
3. an enforcement mechanism in the event that the Developer shall
fail to comply with the minimum quality standards.
Minimum Quality Standards
The City and the Developer agree that there are two (2) alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
1) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least four (4) diamonds; or (b)
Mobil Travel Guide ("MTG") and obtaining and maintaining
a minimum quality rating of at least four (4) stars; or (c) such
other travel marketing and rating service as the City
reasonably approves ("Other Rating Service") and obtaining a
quality rating comparable to the AAA and MTG ratings
described in (a) and (b) of this subparagraph;
or
2) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least three (3) diamonds; or (b)
membership in MTG and obtaining and maintaining a
minimum quality rating of at least three (3) stars, and in
addition to (a) or (b), inclusion in the Hotel upgraded
improvements and facilities as described hereinafter.
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) ofthe total number of AAA four (4) diamond
quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v)
bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most
current edition as of the date of issuance of the building permit for the Hotel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by compliance with the following (the "Upgrade Criteria"):
I. Exterior.
A. Curb Appeal.
1. A combination of exterior elements which create an impressive well-
integrated and excellent level of curb appeal.
11. Excellent variety of landscaping professionally planned and maintained.
111. Impressive architectural features well-integrated into the surrounding area.
B. Parking.
1. Lighting fixtures reflect characteristics of the design of the property.
11. Physical evidence of added security exists.
111. Excellent overall illumination.
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme ofthe property;
high degree of comfort, featuring professionally fitted coverings; an abundant variety
of live plants or unique dried floral arrangements.
b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with
umque area rugs.
c. Illumination: Light fixtures are well-appointed and of an upscale design that
complements the overall theme of the property; multi-placement provides overall
excellent illumination.
d. Signage: Design is well-defined in harmony with the theme of the property.
e. Lobby/Registration Area: Spacious registration area; upgraded luggage carts;
recognizable guest-service area and bellstand.
f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from
traffic areas. Pressing is available at specific times.
g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or
bar area.
h. Recreational Facilities:
1. Swimming pool area is well-appointed with upscale design elements and an excellent
quality and variety of pool furniture and hot tub. Food and beverage is available
poolside.
J. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design
elements. Audiovisual equipment available.
1. Restrooms. Upscale facilities appropriate for the number of meeting rooms.
m. Additional Recreational Facilities: Excellent variety of additional recreational
facilities is available on site or arrangements are made for off-site services.
n. Sundries and Other Shops: Upscale gift shop.
III. Guestrooms.
a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of
movement for guests.
b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end
stone floors with unique area rugs.
c. Clothes Hanging Space: At least eight open-hook wood hangers.
d. Clothes Storage Space: Sufficient space for two pieces ofluggage; upgraded racks or
benches.
e. Illumination: Excellent overall illumination; free standing fixtures in appropriate
places.
f. Television Placement: Television located in closed armoire.
I-
I
I
IV. Guestroom Amenities.
1. Multiple or cordless telephone. High-speed internet access. Enhanced guest-service
directory in folder.
2. Upgraded stationery. Framed or beveled full-length mirror.
3. Full-size iron and ironing board.
4. Minibar.
V. Bathrooms:
a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or
granite flooring.
b. Free Floor Space. Excellent size bathrooms affording guests increased ease of
movement and comfort.
c. Amenities:
1. Excellent quality plush towels; oversized.
11. Facial tissues of excellent quality in decorative container.
111. Free-standing hair dryer.
IV. Bathroom area rug.
v. Make-up mirror.
VI. Telephone.
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after a final Certificate of Occupancy for the Hotel is issued
by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or
Other Rating Service (the "Hotel Rating Service"), such that an inspection by the Hotel Rating
Service would be reasonably expected to occur within twelve (12) months following the issuance of
the CO ("Initial Inspection Period"). Upon receipt of the report issued by the Hotel Rating Service
("Rating Service Quality Report"), the Developer shall immediately deliver a copy of the rating
report to the City.
In the event that the Hotel Rating Service does not or is unable to inspect the Hotel within the
Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality
assessment of the Hotel from a qualified hotel/resort industry expert ("Independent Quality
Assessment") within ninety (90) days after the issuance ofthe CO. In the event that the Developer
fails to deliver a qualified Rating Service Quality Report or a qualified Independent Quality
Assessment to the City within ninety (90) days after the first anniversary of the CO, the City may at
the Developer's expense, obtain a written opinion of an independent expert in the hotel/resort
industry with regard to the compliance ofthe Hotel with the Minimum Quality Standards established
in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Quality Standards
1. The Developer shall maintain compliance with the Minimum Quality Standards throughout
the term of this Agreement.
2. In the event that the initial rating ofthe Hotel equals four (4) diamonds, four (4) stars or the
equivalent with an Other Rating Service or better, maintenance of such rating shall constitute
full compliance with the Minimum Quality Standards.
3. In the event that the initial rating ofthe Hotel equals three (3) diamonds, three (3) stars or the
equivalent with an Other Rating Service, and the Developer has included in the Hotel the
required upgraded improvements and facilities as described above, the maintenance of such
rating shall constitute compliance with the Minimum Quality Standards. On the fifth
anniversary of the issuance ofthe CO, ifthe most recent Rating Service Quality Report does
not address compliance with the upgraded improvements and facilities requirement
established in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written
opinion from a qualified hotel/resort industry expert that the Hotel continues to meet the
Upgrade Requirement. If the Developer fails to deliver a qualified opinion of compliance
with the Upgrade Requirement, the City may at the Developer's cost, obtain a written
opinion of an independent expert in the hotel/resort industry with regard to the compliance of
the Hotel with the Upgrade Requirement.
Failure to Complv
In the event that a Rating Service Quality Report, an Independent Quality Assessment or the
opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no
longer complies with the Minimum Quality Standards established in this Exhibit or the Developer
fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment
or expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating
that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade
Notice"), the City shall notify Developer of default in a writing which details identifying the nature
of the default( s) ("City Quality Default Notice").
If the default(s) described in the City Quality Default Notice are based upon a Rating
Downgrade Notice, Developer shall have that period oftime given to Developer by the downgrading
hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum
Quality Standard and to present to the City reasonable evidence that Developer has either prevailed
in its dispute of the default(s) or has effectuated a cure ofthe conditions upon which the default is
based.
Ifthe City Quality Default Notice is based on any basis provided for in this Exhibit other than
a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the
Developer intends to dispute the Default Notice. Ifthe Developer does not notify the City within ten
(10) days of its intent to dispute the Default Notice, the Developer shall have thirty (30) days to cure
the default, or in the event that it is not reasonably possible to cure the default within thirty (30) days,
the Developer shall submit a sworn statement describing the steps necessary to cure the default and
to the time period necessary to cure the default. In the event that the Developer disputes the Default
Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in
the event that the Developer's dispute is resolved in favor ofthe City, the Developer shall then cure
the default within thirty (30) days after resolution of the dispute.
In the event that a City Quality Default Notice was based on a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement every two (2)
years after the default is cured until the expiration or termination date of the Agreement.
Notwithstanding anything contained in this Agreement to the contrary, it shall not be
considered a default under this Agreement ifthe Developer must make modifications or take actions
to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken
requires the alteration of structural or architectural design elements of the Project which were
approved by the City in connection with the construction of the Project or where the cost of such
modifications or actions, including any debt service incurred by the Developer in connection
therewith, cannot be recovered over the useful life of the item to be modified, as reasonably
determined by the City and the Developer.
Remedies upon Event of Default
Upon the occurrence of an Event of Default which is not cured within thirty (30) days,
Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars
($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality
Default Notice at issue remain uncured.
In the event that an Event of Default occurs, the accumulated fines shall be a lien against the
Hotel component ofthe Developer's Property which may, at the City's sole discretion, be enforced
through a foreclosure proceeding.
1-_.
I
EXHIBIT C
PROJECT SITE
The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the
Dedications (as described in Exhibit A-I and Exhibit L), plus the Vacations of Rights of Way (as
described in Exhibit A-2), as depicted on the attached diagram.
EXHIDIT D
COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS
[Please see the attached diagrams which depict the coordinated design features.]
EXHIBIT E
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the
day of , 2004 by K & P Clearwater Estate, LLC.
K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property
described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The
City of Clearwater has amended its Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a preliminary design for the revitalization of
Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provides for
the allocation of bonus resort units as an incentive for the development of destination quality resorts
with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a
Community Redevelopment District, the allocation of bonus resort units is subject to compliance
with a series of performance standards, including a requirement that the resort hotel to be developed
on the Real Property implement a trip generation management program to reduce the number of
vehicle trips generated by the use and operation of the Real Property.
The City of Clearwater has granted, by City Council Resolution passed and
approved on , the application of K & P Clearwater Estate, LLC, for an
allocation of bonus resort units pursuant to the provisions ofthe designation of Clearwater Beach as
a Community Redevelopment District subject to compliance with the requirements of the
designation of Clearwater Beach as a Community Redevelopment District. K & P Clearwater Estate,
LLC, desires for itself, and its successors and assigns, as owner to establish certain rights, duties,
obligations and responsibilities with respect to the use and operation of the Real Property in
accordance with the terms and conditions ofthe allocation of bonus resort units to K & P Clearwater
Estate, LLC, and the designation of Clearwater Beach as a Community Redevelopment District,
which rights, duties, obligations and responsibilities shall be binding on any and all successors and
assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration ofthe allocation ofbonus resort units to K & P
Clearwater Estate, LLC, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, to K & P Clearwater Estate, LLC, hereby declares, covenants and agrees as
follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of
K & P Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on
behalf of the said residents by the City Council of the City of Clearwater.
2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P
Clearwater Estate, LLC, hereby covenants and agrees to the development, use and operation of the
Real Property in accordance with the provisions of this Declaration.
2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC, shall
prepare a Trip Generation Management Program which includes, at a minimum, the program
elements which are set out in Exhibit 2 which is attached hereto and incorporated herein.
2.2 Implementation. K & P Clearwater Estate, LLC, shall take all necessary and
appropriate steps to implement the approved Trip Generation Management Program and the
selected management strategies.
3.
recording.
Effective Date. This Declaration shall become effective immediately upon its
4. Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5. Recording. This Declaration shall be recorded in the chain of title of the Real Property
with the Clerk of the Courts of Pin ell as County, Florida.
6. Attornevs Fees. In the event the City of Clearwater or K & P Clearwater Estate, LLC,
is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall
be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from
the non-prevailing party.
7. Severability. If any provision, or part thereof, ofthis Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to be invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision ofthis Declaration shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, K & P Clearwater Estate, LLC, has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2004.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT 2
Trip Generation Management Program
1. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the
developer shall implement a Transportation System Management Plan. This
Plan shall establish practices, procedures and costs/fees for services to reduce
the number oftrips to and from the site. Examples of methods, which may be
considered are:
a. Guest shuttle services/airport
b. Guest shuttle services/activities
c. Employee shuttle
d. Non-motorized modes for Hotel guests
e. Fixed route transit
f. Taxis/demand responsive transit
g. Non-motorized modes for employees
h. Staggered working hours
The plan will address the trip characteristics of resort occupancy, compare and contrast the
generation and reduction methods against non transient units and create a supporting trip
utilization projection for the Beach by Design transit proposal from both Hotel visitors. The
plan will apply a best methods approach. City and County transportation programs may also
generate additional methods based on special studies or intergovernmental program funding
(County-wide Gulfview Trolley System).
EXHIBIT F
COVENANT REGARDING HURRICANE EVACUATION
and
DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made
as of the _ day of , 200_, by K & P Clearwater Estate, LLC, a Florida limited
liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,
Florida (the "City"), has amended it Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of bonus resort hotel units ("Bonus Units") as an incentive
for the development of destination quality hotel resorts with a full complement of resort amenities.
Pursuant to the Designation, the allocation of Bonus Units is subject to compliance with a series of
performance standards, including a requirement that resorts containing a hotel developed with Bonus
Units ("Hotel") shall be closed and all Hotel guests evacuated from such resorts as soon as
practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater
Beach. The purpose of such evacuation is to ensure that such a Hotel is evacuated in advance ofthe
period of time when a hurricane evacuation would be expected in advance of the approach of
hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
Developer's application for Bonus Units pursuant to the Designation, subject
to Developer's compliance with the requirements ofthe Designation. Developer desires for itself,
and its successors and assigns, as owner, to establish certain rights, duties, obligations and
responsibilities with respect to the use and operation of the Real Property in accordance with the
terms and conditions of the allocation of the Bonus Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns
and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration ofthe allocation of Bonus Units to Developer,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged,
Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development. Use and Operation. Developer hereby covenants and
agrees to the development, use and operation ofthe Real Property in accordance with
the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of two hundred and fifty (250) hotel units, which is the
number ofhotel units allocated to DEVELOPER, shall be used solely
for transient occupancy ofthirty (30) days or less, must be licensed as
a public lodging establishment and classified as a hotel, and must be
operated by a single licensed operator ofthe hotel. No hotel unit shall
be used as a primary or permanent residence.
2.1.2 All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "resort condominium," and "operator" shall
have the meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a
hurricane watch by the National Hurricane Center, which hurricane watch
includes Clearwater Beach, and all Hotel guests, visitors and employees other
than emergency and security personnel required to protect the resort, shall be
evacuated from the Hotel as soon as practicable following the issuance of
said hurricane watch. In the event that the National Hurricane Center shall
modify the terminology employed to warn ofthe approach of hurricane force
winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in order to
ensure that the guests, visitors and employees will be evacuated in advance of
the issuance of a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project of which the Hotel is a part ("Project") and
Developer's commencement of construction ofthe Project, as evidence by a Notice
of Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Bonus Units to the Developer expires or
is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pine lIas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City
determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or
through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, ofthis Declaration or the application
of this Declaration to any person or circumstance will be or is declared to any extent
to e invalid or unenforceable, the remainder ofthis Declaration, or the application of
such provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this_,
day of 2004.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of , 2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.c., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT G
REQUIRED PERMITS AND APPROVALS
1. Site plan approval
2. Conditional Approval of Vacations /Dedications
3. Piling & foundation permit
4. Demolition permit
5. Site alteration/drainage permit
6. Utility relocation permit
7. Vacation of rights of way approval, conditions and replat approval
8. SWFWMD ERP permit or exemption
9. FDEP sewer permit
10. Pinellas County Health Department Water Permit
11. Building permits package
a. structural
b. mechanical
c. electrical
d. plumbing
12. License Agreement (for Pedestrian Access Improvements (Bridge))
13. Bridge Facilities building permit
14. Cafe Seating License
15. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department
16. Land Exchange
EXHIBIT H
PEDESTRIAN ACCESS IMPROVEMENTS
BRIDGE - That structure depicted conceptually in the tentative location shown on the
attachment hereto.
EXHIBIT I
SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS
AND RELATED IMPROVMENTS
1. SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS
A. Relocated South Gu1fview
B. Beach Walk Improvements
2. OTHER IMPROVEMENTS
A. Relocated Coronado
EXHIBIT J
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
Timothy A. Johnson, Jr., Esquire
911 Chestnut Street
Clearwater, Florida 33757
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
, 2004 by K & P Clearwater Estate, LLC, a Florida limited liability company
("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule A
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated ,2004 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a multi-use project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Agreement.
NOW, THEREFORE, in consideration ofthe sum ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does
hereby agree that, effective as of the date on which Developer receives all permits required to
construct the Project and Developer commences construction thereof, as evidenced by a Notice of
Commencement for the Project, the Real Property shall be developed and operated as a unified
mixed-use project as a single destination resort hotel and Residential Condominium project, as
described in the Development Agreement. The restrictions set forth in the preceding sentence shall
expire automatically when and if Developer' s allocation of Additional Hotel Units (as defined in the
Development Agreement) expires or is terminated. Nothing in this Agreement shall require
Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise
convey its right in and to the Real Property or any portion or portions thereof to unrelated third-
parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more
Residential Units to be constructed as a part of the Project (the "Residential Condominiums") (or
Hotel Units (as defined in the Development Agreement) if sold in a condominium form of
ownership), to separate, unrelated third parties, provided that such Residential Condominiums or
Hotel Units are operated and occupied as part ofthe Project as a single unified project throughout the
term ofthis Agreement. Developer agrees that the City shall have the right to enforce the terms and
conditions of this Agreement.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _ day
of , 2004.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT K
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), is made and entered into this _day of
2004, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
("Licensor"), and K & P Clearwater Estate, LLC, a Florida limited liability company ("Licensee"):
WITNESSETH:
WHEREAS, Licensor is the owner of fee simple title to that property described in Exhibit A
("Licensor's Property");
WHEREAS, Licensee is the owner of fee simple title to that property described in Exhibit B, together
with all improvements thereon ("Licensee's Property") and, pursuant to that Development Agreement
dated ,2004, between Licensor and Licensee (the "Development Agreement") is
the developer of a mixed use resort project on Clearwater Beach including three hundred and fifty
(350) hotel rooms and seventy-five (75) Residential Units, together with related parking and accessory
uses, as described in the Development Agreement ("Licensee's Resort");
WHEREAS, in conjunction with the construction of Licensee's Resort, Licensee intends to construct
an elevated bridge ("Bridge") for beach access between a portion of Licensor's Property located on
Clearwater Beach ("Licensor's Parcell") and that portion of Licensor' s Property constituting ground-
level public pedestrian space immediately contiguous to the Licensee's Resort ("Licensor's Parcel 2"),
as well as access to Licensee's Resort itself, all as shown in Exhibit C;
WHEREAS, the Bridge will be dedicated to the public;
WHEREAS, the City has determined that it is in the best interests of the residents of the City of
Clearwater to allow Licensee to construct, use, maintain and operate the Bridge;
WHEREAS, the Licensor is willing to grant a license to Licensee to construct, maintain, use and
operate the Bridge for the purposes stated in this Agreement.
NOW, THEREFORE IT IS MUTUALLY AGREED, AS FOLLOWS:
1. Licenses Granted.
( a) Licensor hereby grants to Licensee (1) a non-exclusive license to use the Bridge, (2) an
exclusive license to construct, operate and maintain the Bridge on the terms set forth in this
Agreement, and (3) an exclusive license to use the air space above those lands owned by the City for
construction and maintenance of the Bridge, which Bridge will pass through that air space between a
portion of Licensor's Parcell and Licensor's Parcel 2.
(b) Licensee hereby grants to Licensor an exclusive license for support for the Bridge by
those sections where the Bridge attaches, adheres to or adjoins Licensee's Resort where depicted on
Exhibit C.
Nothing in this Agreement shall be interpreted as a grant ofproperty to Licensor or Licensee, and no
public easement or prescriptive easement shall be created by or in connection with the uses described
in this Agreement.
2. Term. The initial term ofthe License is fifty (50) years, beginning upon commencement of
construction of the Bridge (as evidenced by a written instrument executed by Licensor and Licensee),
and ending on the same day, fifty (50) years thereafter, unless terminated pursuant to Paragraph 3 of
this Agreement
3. Termination.
(a) This License Agreement may be terminated by the Licensor at any time, ninety (90)
days after providing Licensee written notice that the Bridge is not being maintained or operated in
accordance with the requirements ofthis Agreement ("Licensor's Notice of Default"). The Licensor's
Notice of Default shall specify each and every way in which the Licensee has failed to maintain or
operate the Bridge in accordance with the requirements ofthis Agreement ("Licensee Defaults"), and
the Licensee shall have ninety (90) days in which to reasonably cure the Licensee Defaults. If
Licensee cures the valid Licensee Defaults, then Licensor's Notice of Default shall be rendered null
and void.
(b) Licensee may terminate this Agreement for cause at any time, ninety (90) days after
providing Licensor written notice that the Licensor is not in compliance with this Agreement.
("Licensee's Notice of Default"). The Licensee's Notice of Default shall specify each and every way
in which the Licensor has failed comply with the requirements of this Agreement ("Licensor
Defaults"), and the Licensor shall have ninety (90) days in which to reasonably cure the Licensor
Defaults. If Licensor cures the valid Licensor Defaults, then Licensee's Notice of Default shall be
rendered null and void. In addition, Licensee may terminate this agreement without cause ninety (90)
days after providing Licensor written notice oftermination.
( c) In the event of termination of this Agreement by Licensor for default by Licensee, or
by Licensee without cause, Licensee, at Licensee's expense, shall detach and remove the Bridge and
shall support the Bridge solely on property owned by Licensor. Such removal must be accomplished
in a good and workmanlike manner and must not impair the structural integrity of the Bridge. The
Bridge must be finished with materials to be consistent in appearance and specifications of the Bridge.
(d) In the event of termination of this Agreement for default by Licensor, Licensor at
Licensor's expense, shall detach and remove the Bridge from Licensee's Property and shall promptly
restore the portions of Licensee's Property that are affected by such removal in a good and workman
like manner to a structurally sound and watertight condition and finished with materials to be
consistent in appearance and specifications with the immediately adjacent portions of Licensee's
Property.
4. Construction. Use. Operation and Maintenance.
(a) Construction and Use. Licensee shall construct the Bridge in accordance with plans
approved by the Licensor, and upon completion, shall dedicate the Bridge to the Licensor. Following
completion, except for necessary repairs and maintenance, the Bridge shall be used strictly for
pedestrian access to and from that portion of Licensor's Parcell on which the Bridge is located,
Licensor's Parcel 2 and Licensee's Resort, provided, however, that nothing in this Agreement shall
require Licensee to grant to the general public ingress or other access to Licensee's Resort from the
Bridge or otherwise.
(b) Ooeration and Maintenance. Licensee shall use reasonable efforts, at Licensee's
expense, to operate and maintain the Bridge in structurally sound and reasonably clean condition, free
of debris, obstructions, and nuisances, including, without limitation, loud noises and noxious odors, as
well as panhandlers, loiterers and business solicitors, but excepting, however, (i) ordinary wear and
tear and (ii) damage or destruction as a result of force majeure or other risks where the cost to
Licensee of repair or replacement exceeds the amount of insurance or other proceeds received by
Licensee-to effect such repair or replacement, and (iii) modifications to the Bridge voluntarily made,
directed or caused by Licensor. In this connection, the Licensee shall have the right, but not the
obligation to exclude or remove from the Bridge any persons or items which could interfere with the
Licensee's operations and maintenance obligations set forth in this subparagraph (c). The foregoing
shall not be interpreted as a limitation upon the Licensor's police powers or its obligations to maintain
public safety.
5. Insurance. In connection with the Bridge, the Licensee shall maintain:
(a) Comprehensive general liability insurance for loss from an accident resulting in bodily
injury to or death of persons, where during the first three (3) years of the Term, the Licensee shall
maintain coverage with coverage limits of not less than $ in the aggregate and
$ per occurrence and a coverage limitation of $ for loss from an
accident resulting in damage to or destruction of property. Thereafter, the Licensee or shall increase
such coverage limits from time to time throughout the Term of this Agreement, as reasonably
determined on an annual basis by the Licensor. The Licensee shall designate the Licensor as an
additional insured under such insurance policies and shall promptly deliver to the Licensor certificates
evidencing that Licensor has been so designated; and
(b) Casualty insurance, insuring the Licensor and the Licensee, as their interests may appear,
against loss or damage by fire and other risks from time to time included under" all risks" policies, in the
amount of the full replacement cost of the improvements that constitute the Bridge as of the
Commencement Date and all subsequent alterations, additions, decorations, and improvements to the
Bridge and any and all furniture, fixtures and equipment located therein or thereon.
6. Hours of Operation. The Bridge shall be open at normal periods of beach use by the general
public at Clearwater Beach. Additionally, any time the Bridge is open to Licensee's patrons or guests,
it shall be open to the public.
7. Use of the Bridge. The Bridge shall be used for pedestrian access to and from the beach from
the east side of the Relocated South Gulfview. Licensee hereby covenants and agrees to make no
unlawful, improper, or offensive use ofthe Bridge.
8. Assignment. The Licensee shall be permitted to convey, assign, or transfer this Agreement, in
whole or in part on the same basis as the Licensee is permitted to convey, assign or transfer the
Licensee's rights under the Development Agreement.
9. Destruction ofFacilitv. In the event that the Bridge is destroyed by whatever means, neither
Licensor nor Licensee shall be required to rebuild the Bridge. If Licensee elects to rebuild, the Bridge
shall be rebuilt in accordance with the original plans and specifications. In the event that the
Licensee does not elect to rebuild the Bridge, this License this Agreement shall terminate.
10. Incorporation. All of the recitals set forth in and all exhibits and schedules attached to this
Agreement are hereby incorporated into and made part of this Agreement by this reference.
THE CITY FLORIDA OF
CLEARWATER, FLORIDA
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this
by and
respectively, for the City of Clearwater, Florida, on behalf of the City.
day of ,2004,
, Mayor and City Clerk,
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member ofK & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT A
LICENSOR'S PROPERTY
Licensor's Property consists of the following:
1. Licensor's Parcell [the area in which the western (beach side) landing of the Bridge
will be located]
2. Licensor's Parcel 2 [the area encompassing the eastern (land side landing) of the
Bridge]
3. The land, including, without limitation, air rights and subsurface rights, between that
portion of Licensor's Parcel 1 on which the Bridge is located and Licensor's Parcel 2..
EXHillIT B
LICENSEE'S PROPERTY
EXHIBIT C
DEPICTION OF BRIDGE
EXHIBIT L
LAND EXCHANGE AGREEMENT
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT is made and entered into as of the day of
2004, by and between the CITY OF CLEAR WATER, FLORIDA, a municipality, hereinafter referred
to as the "City," andK&P CLEARWATER ESTATE, LLC, a Florida limited liability company (the
"Owner") for the exchange of properties in Clearwater, Florida, as described herein.
The parties hereto agree as follows:
1. Exchanee of Property. The City shall convey to the Owner title to certain real
property referred to as "Parcell" which is described in Exhibit A to this contract. The Owner shall
convey to the City title to certain real property referred to as "Parcel 2" which is described in Exhibit
B to this contract. The conveyance of Parcell shall constitute full consideration for the conveyance
of Parcel 2. The conveyance of Parcel 2 shall constitute full consideration for the conveyance of
Parcell.
2. Definitions. In this contract, "Seller" shall mean the City with respect to Parcell and
the Owner with respect to Parcel 2. "Purchaser" shall mean the Owner with respect to Parcell and
the City with respect to Parcel 2. These terms are used for convenience and do not imply the payment
of any compensation other than conveyance of real property in exchange for real property.
3. Leeal Descriptions. Legal descriptions ofthe properties being exchanged between
the parties are as follows:
a. Parcell - See Exhibit A attached;
b. Parcel 2 - See Exhibit B attached.
4. Purchase Price. It is mutually agreed that the transfer of Parcel 1 by the City to
the Owner and the transfer of Parcel 2 by the Owner to the City shall constitute the full and sufficient
consideration for the exchange of the parcels.
5. Contineencies. The exchange proposed in this contract shall be contingent upon
(1) the final approval by the governing council of the City (the "Council") of a development
agreement which governs the proposed redevelopment (the "Development Agreement"), (2) the City's
issuance of a vacating ordinance for Parcell, and (3) the issuance of the first foundation permit for
the Project to the Owner pursuant to Development Agreement.
6. Closin2 Date. The real property exchange transaction described in this contract shall
be closed and the deeds and other closing papers delivered following the effective date of the vacating
ordinance for Parcell and within ten (10) days following the issuance of the first building permit for
the Project as defined in the Development Agreement.
7. Title Evidence. As a condition of closing, the Owner shall order and provide at
its own expense a commitment for title insurance in the amount of the appraised value of Parcel 1 as
determined by a duly licensed independent appraiser, which commitment shall show a marketable fee
simple title in the name of the City as to Parcell subject to only Permitted Exceptions (defined
below). The Owner shall have ten (10) days after delivery of said commitment for the examination
thereof, and within said period shall notify the City in writing of any objections to said title. If this
notification is not given within said time period, then said title shall be conclusively deemed to be
acceptable to the Owner. In the event that the title to Parcell is not good and marketable or is subject
to other than Permitted Exceptions, the City shall have ten (10) days thereafter to perfect the title. If
the defects are not cured within such time, then the Owner may cancel this contract or waive the
defects and accept the property without deduction on account of said defects. An owner's title
insurance policy shall be issued insuring Owner as the owner of Parcel 1 within a reasonable period of
time following closing.
Also as a condition of closing, the Owner shall order and provide at its own expense a
commitment for title insurance in the amount ofthe value of Parcel 2 as determined by a duly licensed
independent appraiser, which commitment shall show a marketable fee simple title in the name ofthe
Owner as to ParcelZ subject to Permitted Exceptions. The City shall have ten (10) days after delivery
of said commitment for the examination thereof, and within said period shall notify the Owner in
writing of any objections to said title. If this notification is not given within said time period, then
said title shall be conclusively deemed to be acceptable to the City. In the event that the title to Parcel
1 is not good and marketable or subject to other than Permitted Exceptions, the Owner shall have ten
(10) days thereafter to perfect the title. If the defects are not cured within such time, then the City
may cancel this contract or waive the defects and accept the property without deduction on account of
said defects. An owner's title insurance policy insuring the City as owner of Parcel 2 will be issued to
the City within a reasonable period of time after closing. The owner's title insurance policy naming
the City as owner shall be underwritten by a title insurance company reasonably acceptable to the
City.
8. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject
to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character
other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions, or other matters that appear in the commitment
and/or survey (excluding standard exceptions) which are not objectionable exceptions;
c. Any adverse ownership claim by the State of Florida by right of sovereignty to
any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands,
and lands accreted to such lands;
d. Any agreements between the parties that are part of this
contract; and
e. Any standard exceptions not previously mentioned which are
not capable of deletion.
9. Survev. As a condition of the real property exchange closings described herein, a
registered Florida land surveyor shall survey each of the parcels. The costs thereof shall be borne by
the Owner as to both Parcel 1 and Parcel 2.
10. Closin2s and Possession. The real property exchange closings described in this
Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in
possession of that parcel transferred to said transferee.
11. Property Taxes. To the extent any property taxes are assessed, all property taxes shall
be prorated at closing to reflect ownership of the respective parcels as of the closing date.
12. Closin2 Costs. The Owner shall pay the following closing costs and expenses in
connection with the closing:
a. All documentary stamps in connection with the conveyance of the property;
b. The premium and all search fees payable for the owner's policies of title
insurance for both parties;
c. Recording fees in connection with those instruments necessary to render title
acceptable to the Purchaser; and
d. Owner's costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its attorneys' fees.
14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the
parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the
contract was executed, ordinary wear and tear excepted.
15. Assi2nabilitv. This contract maybe assigned in the same manner as allowed in the
Development Agreement.
16. No Brokers. Each party affirmatively represents to the other party that no brokers
have been involved in this transaction and that no broker is entitled to payment of a real estate
commission because ofthis transaction.
17. Notices. All notices which are required or permitted hereunder must be in writing and
shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of
actual receipt by the addressee): (i) three (3) business days after having been deposited in the United
States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid; or
(ii) one (1) business day after having been deposited with an expedited, overnight courier service
(such as by way of example but not limitation, U.S. Express Mail or Federal Express), addressed to
the party to whom notice is intended to be given at the address set forth below with all delivery fees
prepaid:
As to Owner:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
With a copy to:
Timothy A. Johnson, Jr., Esq.
911 Chestnut Street
Clearwater, FL 33757
As to City:
William B. Home II
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this paragraph, but notice of change of
address is effective only upon receipt.
18. Entire Contract. This contract and the exhibits referenced herein embodies and
constitutes the entire understanding among the parties with respect to the real property exchange
L_
transaction contemplated herein and all prior or contemporaneous agreements, understanding,
representations and statements, oral or written, are merged into this contract. Neither this contract nor
any provisions hereof may be waived, modified, amended, discharged or terminated except by an
instrument in writing signed by the party against which the enforcement of such waiver, modification,
amendment, discharge or termination is sought, and then only to the extent set forth in such
instrument.
19.
of Florida.
Applicable Law. This contract is construed in accordance with the laws ofthe State
20. Headin2s. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this contract.
21. Bindin2 Effect. This contract shall be binding upon and shall inure to the benefit of
the parties hereto and their heirs, personal representatives and successors by law.
22. Interpretation. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
contract and any related instruments shall not be construed more strictly against one party than against
the other by virtue of the fact that initial drafts were made and prepared by counsel for one of the
parties, it being recognized that this contract and any related instruments are the product of extensive
negotiations between the parties and that both parties have contributed substantially and materially to
the final preparation of this contract and all related instruments.
24. Other A2reements. No prior or present agreements or representations shall be
binding upon either party unless included in this contract or in the Development Agreement. No
modification or change in this contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties to be bound thereby.
25. No Partnership, Etc.. Nothing in this contract shall be construed to constitute the
creation of a partnership or joint venture between the parties.
26. Counterparts. This Agreement may be executed in several counterparts, each
constituting a duplicate original, but all such counterparts constituting one and the same Agreement.
Countersigned:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Pamela K. Akin
City Attorney
Witness:
CITY:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
OWNER:
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
Exhibit A
City owned property -- portion of Gulfview adjacent to North side ofK & P property.
Exhibit B
K & P owned property - Coronado dedication.
EXHIBIT M
SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS SCHEDULE
ITEM DURATION COMPLETION DATE
Complete design and construction plans January 2005
Bid & award construction contract 3 months April 2005
Construct S. Gulfview detour & Coronado 12 months April 2006
Improvements
Construct S. Gulfview & Beach Walk 12 months May 2007
from Central Plaza north to Coronado
Construct S. Gulfview & BeachWalk from 12 months June 2008
Central Plaza to southern end
Final project clean-up & Grand Opening 4 months November 2008
TIM, WILL GET YOU THE REAL EXHIBIT M WHEN I GET IT
L
EXHIBIT 0
PARKING PROTOCOL
The following parking protocol shall be implemented by the Developer in order to reduce the
incidence of traffic backups at the entrance to the Project at Gulfview Boulevard (the "Gulfview
Entrance"):
1. Adequate valets shall be employed to handle anticipated traffic volumes. Valets shall be
provided as needed in the porte cochere area as well as on each parking level where valet
parking service is required to park the cars of hotel guests or the public.
2. Vehicles unable to access the parking garage because of unavailability of a parking elevator
shall be parked in the porte cochere area ofthe Project (the "Porte Cochere") so long as space,
and until elevator transport, is available.
3. The Gulfview Entrance shall be closed by Hotel personnel at any time that the vehicular
traffic in the Porte Cochere prevents vehicles entering the area from Gulfview Boulevard
without undue delay.
4. Vehicles unable to use the Gulfview Entrance because of its closure will be given written
instructions by Hotel personnel directing them to the street level parking entrance on
Relocated First Street (the "Relocated First Street Entrance").
5. Hotel event planners will take all steps reasonably necessary to encourage use ofthe parking
accessed by the Relocated First Street Entrance for events likely to cause a traffic backup on
Gulfview Boulevard. For example, (i) parties booking such events will be provided copies of
written directions suitable for distribution advising guests to avoid the Gulfview Entrance and
directing them to proceed directly to the Relocated First Street Entrance and (ii) prior to such
events steps will be taken to maximize the number of spaces available in the street level
parking area for use by guests attending the event.,
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RESOLUTION 04-39
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND K & P
CLEARWATER ESTATE, LLC.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with K & P Clearwater Estate, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A" is hereby
approved.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of
,2004.
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 04-39
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PROJECT COMPARISON
MEASURE BEACHWALK RESORT K & P CLEARWATER
(HYATT) ESTATE
(PATEL)
Acreage 1.63 2.74
Bonus Hotel Units 209 250
Bonus Hotel Units/Acre 128 91
Weighted Average Hotel 707 sq. ft. 468 sq. ft.
Room Size
ERUs' 206 338
ERUs/Acre 126 123
Parking spaces 764 654
Parking spaces/acre 469 239
VolumeL 60% 35%
(maximum allowed)
12116/0411:16AM
#331530 v2 - Patel/Comparison of Projects
1 Equivalent residential units. This number is arrived at by converting all hotel units to
condominium units (at the ration of 4:3) and adding the result to the number of residential
condominium units permitted.
2 As provided in Beach by Design, the percentage of the theoretical maximum building envelope
located above 45 feet. 60% is the maximum allowed.
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The Outline of History
fNG-3
City Council
,~g~~~<~~~~!:,~~~Q<!:<~~~<!:!<~",
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<'I 5
Tracking Number: 1,014
Actual Date: 12/16/2004
Subject / Recommendation:
Deny the applicant's request to vacate a portion of 60-foot street right-of-way of First Street
beginning at the northwest corner of Lot 48 of L1oyd-White-Skinner Subdivision (A.K.A. 100
Coronado Drive) and more particurlarly described in Exhibit "A" attached, subject to specified
conditions, and deny Ordinance Number 7371-05 on first reading, (V2004-02 K and P Clearwater
Estate, LLC),
Summary:
A Development Agreement between the City of Clearwater and K and P Clearwater Estate, LLC
proposes the redevelopment of the vacated right-of-way and adjacent property into a 350 room
hotel with 75 attached dwellings and 37,000 square feet of accessory uses.
Progress Energy, Verizon, Bright House and Knology Broadband have reviewed the request and
have no objections provided that the applicant assume all costs associated with the relocation of
their facilities.
The City of Clearwater presently has gas, storm water and sanitary sewer facilities in the subject
right-of-way portion.
City staff is recommending the development agreement not be approved, consequently the
recommendation is for denial of this associated vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 11/28/2004
12/05/2004
Financial Information:
Review Approval
Glen Bahnick
11-23-2004
14:35:26
Brvan Ruff
11-29-2004
10:43:20
Bill Horne
12-06-2004
11:53:25
Michael Ouillen
12-03-2004
14: 12:26
Cvndie Goudeau
12-06-2004
15: 10:27
Frank Gerlock
Garry Brumback
City Council
@<<,@~~g<~nda <,~<Q,ver Memo!:<~,~~~,~"~","_@<<@<@<~<~<@<,,,~,,,,,,
11-24-2004 11:13:31
12-06-2004 08:59:27
ORDINANCE NO. 7371-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE 60-FOOT
RIGHT-OF-WAY OF FIRST AVENUE, (AK.A FIRST
STREET PER FIELD), SUBJECT TO SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kiran C. Patel owner of real property located in the City of Clearwater,
has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto;
and
WHEREAS, the City Council finds that said right-of-way 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:
Vacate a portion of the 60-foot right-of-way of First Avenue, (AK.A First Street per
field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records of Pinellas County, Florida), more particularly
described as: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05032'30"E along the easterly right-of-way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest corner of Lot 48 of said
Lloyd white skinner subdivision, thence N05032'30"E 60.00 feet to the southwest
corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the
northerly right-of-way line of First Avenue, L1oyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and
parallel with the westerly right-of-way line of Coronado Avenue as shown on the
plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right-of-way line of said First Avenue; thence N84027'30"W along said southerly
right-of-way line a distance of 192.00 feet to the Point of Beginning, subject to
the following conditions:
1) The project described within the Development agreement between the
City of Clearwater and K and P Clearwater Estate, LLC shall commence
vertical construction within three (3) years of the effective date of this
ordinance.
2) All public and private utilities shall be relocated by K and P Clearwater
Estate, LLC at its own expense and to the approval and acceptance of
Ordinance No. 7371-05
the utility owners with all out of service utilities removed prior to the
completion of the project,
3) This vacation shall become effective only after the dedication of
relocated First Street to the City.
4) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
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
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7371-05
1-
A
LOCA TION MAP
SCALE 1"=1320'
PROJECT
SITE
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SRJGHr WATER OR
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City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC 2004-02
Sheet
10f2
Vacate Part Of First Street Sec-Twn-Rng
08-29S-15E
Date
11/18/04
Drawn By
S.K.
Checked By
S.D.
GRID #
276A
Ordinance
7371-05
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EXHIBIT "A"
SCALE 1"=100'
70'
GULFVIEW BL VD. ~
COLUMBIA SUB. 1
23-60
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Vacation Requested
By Applicant
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City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC 2004-02
Sheet
20f2
Vacate Part Of First Street S:;:J:S":1~~g
Dale
11/18/04
Drawn By
S.K.
Checked B
S.D.
GRID #
276A
Ordinance
7371-05
City Council
<.......<<<<@.<~~~~~,~Q~~!:<.J~.emo~<~.~~~,~.<.<
Tracking Number: 1,015
Actual Date: 12/16/2004
Subject / Recommendation:
Deny the applicant's request to vacate two portions of South Gulfview Boulevard, one being
located along the north property line of Lot 1, Block A, Columbia Subdivision (A.K.A. 100
Coronado Drive) and the other adjacent to the west lot lines of Lots 44, 48 and 52 through 55
inclusive, said right-of-way portions being more particularly described in Exhibit "A" attached,
subject to specified conditions and deny Ordinance Number 7372-05 on first reading, (VAC
2004-04 K and P Clearwater, LLC),
Summary:
A development agreement between the City of Clearwater and K and P Clearwater Estate, LLC
proposes the redevelopment of the vacated right-of-way and adjacent property into a 350 room
hotel with 75 attached dwellings and 37,000 square feet of accessory uses.
Progress Energy, Verizon, Bright House and Knology Broadband have reviewed the request and
have no objections provided that the applicant assumes all costs associated with the relocation
of their facilites.
The City of Clearwater presently has water and sanitary sewer facilites in the subject
right-of-way portions.
City staff is recommending the development agreement not be approved, consequently the
recommendation is for denial of this associated vacation request.
Originating: Engineering
Section Administrative publiC hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: y~s
Advertised Dates: 11/28/2004
12/05/2004
Financial Information:
Review Aoproval
Glen Bahnick
11-23-2004 09:39:00
Brvan Ruff
11-24-2004 09:25:36
Bill Horne
12-06-2004 11:55:00
Michael Ouillen
12-03-2004 14: 13:47
Cvndie Goudeau
12-06-2004 15:09:51
END -~,
16
Frank Gerlock
Garry Brumback
City Council
TTmm>"~e~~~w<fOV^~<!:,~<~~<Q!:!Jnd U I!!.m.......<.......<...<.<~~m'
11-23-2004 13:27:22
12-06-2004 08:58:48
ORDINANCE NO. 7372-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE EASTERLY
ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF
GULFVIEW BOULEVARD, (A.K.A SOUTH GULFVIEW
BOULEVARD PER FIELD), SUBJECT TO SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kiran C. Patel, owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way 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:
Vacate a portion of the easterly one-half of the 70-foot right-of-way of Gulf View
Boulevard, (AK.A South Gulfview Boulevard per field), as shown on the plat of L1oyd-
White-Skinner Subdivision as recorded in Plat Book 13, page 12, public records of
Pinellas County, Florida; together with a portion of the southerly one-half of the right of
way of Gulf View Boulevard as shown on the plat of the City Park Subdivision as recorded
in Plat Book 23, page 37, public records of Pinellas County, Florida, being further
described as follows: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, thence N05032'30"E along the easterly right of way line of Gulf View
Boulevard as shown on said plat a distance of 20.00 feet to the point of beginning; thence
N84 o27'30"W. 35.00 feet to the centerline of Gulf View Boulevard of said L1oyd-White-
Skinner Subdivision; thence N05032'30"E along said centerline a distance of 471.36 feet;
thence N48031 "37"E, 21.59 feet; thence East, 31.83 feet to the southeasterly right of way
line of Gulf View Boulevard as described in O.R. Book 770, page 40, public records of
Pinellas County, Florida; thence southerly along said right of way line (being 1 foot
northerly and westerly from and parallel with the platted right of way line of Gulf View
Boulevard as shown on the plat of said City Park subdivision) 22.86 feet along the arc of
a non-tangent curve to the left having a radius of 34.00 feet, and a chord bearing
S24048'05"W, 22.43 feet; thence S05032'30"W, 3.60 feet to the southerly boundary of
City Park Subdivision; thence West, 4.02 feet along said southerly boundary to the
northwest corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S05032'30"W along
the easterly right of way line of Gulf View Boulevard according to said plat a distance of
465.07 feet to the point of beginning.
Containing 28,617+ square feet, or 0.657+ acres, together with:
Ordinance No. 7372-05
A portion of the right of way of Gulf View Boulevard as shown on the plot of City Park
subdivision as recorded on Plat Book 23, page 37, public records of Pinellas County,
Florida being further described as follows: From the Northwest corner of Lot 44, L1oyd-
White-Skinner Subdivision as recorded on Plat Book 13, page12, public records of
Pinellas County, Florida, thence East, 4.02 feet to the southwest corner of Lot 1, Block A,
Columbia Subdivision as recorded in Plat Book 23, page 60, public records of Pinellas
County, Florida, thence N05032'30"E along the easterly right of way line of Gulf View
Boulevard and the westerly line of Lot 1, Block A, Columbia Subdivision a distance of
3.60 feet; thence 22.86 feet along the arc of a curve to the right having a radius of 34.00
feet, and a chord bearing N24048'05"E, 22.43 feet to the point of beginning; thence
N44007'33"E, 32.00 feet; thence N45052'27"W. 15.54 feet, thence 53.62 feet along the
arc of a non-tangent curve to the right having a radius of 112.00 feet and a cord bearing
N76023'06"E, 55.11 feet; thence S89054'00"E, 79.18 feet; thence 61.39 feet along the arc
of a curve to the right having a radius of 40,00 feet, and a chord bearing S45055'47'E,
55.54 feet to a point of intersection with the southerly right of way line of Gulf View
Boulevard as described in O.R. Book 770, page 40, public records of Pinellas County,
Florida; thence northerly and westerly along said southerly right of way line for the
following three (3) courses: 1) 12.21 feet along the arc of a curve to the left having a
radius of 28.66 feet, and a chord bearing N7r41'35"W, 12.12 feet; 2) N89054'00"W,
145.50 feet; 3) 27.24 feet along the arc of a curve to the left having a radius of 34.00 feet,
and a chord bearing S6r08'43"W, 26.52 feet to the point of beginning, subject to the
following conditions:
1) The project described within the Development agreement between the
City of Clearwater and K & P Clearwater Estate, LLC ("Development
Agreement") shall commence vertical construction within three (3) years
of the effective date of this ordinance.
2) All public and private utilities shall be relocated by K & P Clearwater
Estate, LLC at its own expense and to the approval and acceptance of
the utility owners with all out of service utilities removed prior to the
completion of the project.
3) The public vehicular and pedestrian use of the subject right of way shall
be maintained until such time as a suitable paved roadway is
constructed to the west ofthe subject right of way to accommodate two
lanes of two way traffic capacity.
4) Payment of the Developer's pro rata share of the Beach Walk
Construction as identified in the Development Agreement.
5) This vacation ordinance shall be rendered null and void if any of the
preceding conditions are not met.
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.
2
Ordinance No. 7372-05
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Brian J. Aungst
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7372-05
Vacation Requested
By Applicant
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City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC2004-04
Sheet
20f2
Vacate Portions Of Gulf View Sec-Twn-Rng
Blvd. OB-29S-15E
Ordinance
7372-05
Date
11/18/04
Drawn By
S,K.
Checked B
S.D.
GRID #
276A
A
LOCA TION MAP
SCALE 1"=1320'
PROJECT
SITE
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BAYMONT ST
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PAPAYA ST
~. linfl
~ 0 Causewa
Date
11/18/04
Drawn By
S.I<.
Checked By
S.D.
GRID #
276A
City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC 2004-04
Sheet
10f2
Vacate Portions Of Gulf View Sec-Twn-Rng
Blvd. 08-29S-15E
Ordinance
7372-05
City Council
,~<g~<~<<~<~-~~Q,~~~@<<~~~~!:~,<~.~.~ I!!.....
Tracking Number: 1,008
Actual Date: 12/16/2004
Subject / Recommendation:
Adopt Ordinance No, 7321-04 on second reading, amending water and sewer utility rates.
Originatina: City Attorney
Section Second Readings - publiC hearing
Cateaorv: Second Reading
Public Hearing: Yes
Advertised Dates: 11/21/2004
12/05/2004
Financial Information:
Review Approval
Pam Akin
11-19-2004 14:28:10
Cvndie Goudeau
12-02-2004 15:10:22
C'<:\-- \
Ie, . \
ORDINANCE NO. 7321-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE SCHEDULE FOR
DOMESTIC WATER, LAWN WATER, RECLAIMED
WATER AND WASTEWATER COLLECTION UTILITY
RATES; AMENDING CHAPTER 32 UTILITIES, ARTICLE IX
RECLAIMED WATER SYSTEM, SECTION 32.352
DEFINITIONS (16); SECTION 32.374 METER
REQUIREMENTS; APPENDIX A, ARTICLE XXIV UTILITIES
- GENERAL AND DEPOSITS, (2)(a) WATER; ARTICLE
XXV PUBLIC WORKS -- FEES, RATES AND CHARGES,
(2)(a) WATER METER CONNECTION CHARGES AND
FEES FOR TAPS ON WATER MAINS, BACKFLOW
PREVENTION DEVICE INSTALLATIONS, AND FIRE TAPS
ON WATERMAINS; FIRE HYDRANT INSTALLATION
CHARGES; (3)(a) WATER RATES; (3)(b) WASTEWATER
COLLECTION UTILITY RATES; (3)(f) RECLAIMED WATER
RATES; AND (4) MISCELLANEOUS ADDITIONAL
CHARGES; CLEARWATER CODE OF ORDINANCES, AS
AMENDED BY CITY OF CLEARWATER, FLORIDA
ORDINANCE NOS. 6218, 6220, 6801, 6587, 6692 and
6695; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
~: cA-l
~~ " \ Co . \
Section 1. Chapter 32. Article IX. Reclaimed Water System. Section 32.352.
Definitions. Clearwater Code of Ordinances. as amended by City of Clearwater. Florida
Ordinance No. 6220. is amended as follows:
(16) Open space means al3rgo portion of mostly v~c~mt proporty,
measured in acres, for '.vhich the city provides reclaimed ':later on a cost per tenth of 3n
3Cro of pervious area basis.
f:t-71(16) Pervious area mean~ the total property area of a customer, in
acres, less the impervious area as computed for stormwater management utility billing
purposes, rounded to the nearest tenth of an acre.
~(17) Point of delivery or service connection means the terminal end of a
service line from the public reclaimed water system at the downstream end of the meter
set, hose bib or other device installed and maintained by the city.
~(18) Potable water means water that does not contain objectionable
pollution, contamination, minerals or infection and that is considered satisfactory for
domestic consumption-;-~ in short, suitable for drinking purposes.
Ordinance No, 7321-04
L _
~(19) Property owner shall mean the owner of property receiving
reclaimed water service.
~(20)
PVC pipe shall mean polyvinyl chloride pipe.
~(21) Reclaimed water shall mean water that has received advanced
waste treatment with high level disinfection pursuant to Chapter 17-610, FAC.
~(22) Service line shall mean that conduit to convey reclaimed water farm
from the distribution main to the customer's property line.
~(23) Shutoff valve means a required, manually operated valve provided,
installed and maintained by the customer downstream from the point of delivery that
controls the reclaimed water flow to the customer's own system using reclaimed water.
~(24) Single family means a detached building or portion thereof
designed for one dwelling unit.
~(25) Transmission main shall mean a conduit that conveys reclaimed
water from the treatment plant to a booster pumping station or a trunk main.
~(26)
Triplex means a three family dwelling as defined in section 35.11.
Section 2. Chapter 32. Article IX, Reclaimed Water System, Section 32.374,
Meter Requirements. Clearwater Code of Ordinances. as amended by City of
Clearwater, Florida Ordinance No. 6692, is amended as follows:
(1) The city will Rat normally require reclaimed water meters for residential
reclaimed water customers or golf courses and atAeF open space
recreational facilities. HO'Nover, the director 'NiII require meter
installations at any industrial/commercial, non irrigation reuse including
air conditioning systom coolant v:ater, or multi family dwelling unit
location where reclaimed '.\'ator is availablo.
(2) Appropriately sized meters shall be required for all commercial, industrial,
and multi-family dwelling unit uses as determined by the director.
(3) Reclaimed water meters are not normally required for Qolf courses with
existinQ aQreements with the city for the supply of reclaimed water. These
aQreements are subiect to reneQotiation for cost increases for reclaimed
water and Qolf courses may be required to meter.
Section 3. Appendix A. Article XXIV, UTILITIES-GENERAL AND DEPOSITS,
Section (2)(a) Water. Clearwater Code of Ordinances, as amended by City of
Clearwater, Florida Ordinance No. 6218, is amended as follows:
2
Ordinance No. 7321-04
(2) Deposits for service:
(a) Water:
1. Domestic water service. Each meter service shall be secured by a
minimum deposit of $20.00 or two times the minimum monthly charge or
two times the average monthly bill for domestic water service, whichever
is greatest.
2. Lawn water service. Each lawn meter service shall be secured by a
minimum deposit of $20.00 or two times the minimum monthly charge or
two times the average monthly bill for lawn water service, whichever is
greatest.
3. Reclaimed water service. Each reclaimed water service account shall
be secured by a minimum deposit of $20.00 or two times the minimum
monthly charae or two times the averaQe monthly bill for reclaimed water
service, whichever is qreatest.
34. Temporary potable service. Temporary potable service shall be
secured by a deposit according to the following table:
Less than 1" meter. . . . . 80.00
1" meter. . . . . 160.00
1 1/2" meter, . . . .500.00
2" meter. . . . .900.00
3" meter. . . , . 1,250.00
4" meter. . . . . 2,500.00
45. Temporary nonpotable service. Temporary nonpotable water or
"hydrant meter" service shall be secured by a minimum deposit of
$500.00 plus an amount sufficient to coverthe cost of water consumed
and any other charges incurred. Such service will be provided by a
temporary meter on a fire hydrant. Charges will be at the same rate as for
a two-inch lawn meter. The final bill shall be for a sum equal to the
minimum charge, the cost of water consumed, and a service charge of
$25.00.
a6. Domestic water service, one week maximum. Domestic water service
for not more than seven consecutive days, upon application by property
owner or the owner's agent, shall be secured by a deposit of $65.00.
07. Domestic water service, three-day maximum. Domestic water service
for not more than three consecutive days, upon application by property
owner or the owner's agent, shall be secured by a deposit of $40.00.
3
Ordinance No. 7321-04
Section 4. Appendix A. Article XXV. PUBLIC WORKS -- FEES. RATES AND
CHARGES. (2)(a) Water meter connection charoes and fees for taps on water mains.
backflow prevention device installations. and fire taps on water mains: fire hydrant
installation charoes. Clearwater Code of Ordinances. as amended by City of
Clearwater. Florida Ordinance No. 6598. is amended as follows:
(2) Connection charges, fees and taps on mains. The following charges and
fees shall be payable to the city upon application:
(a) Water meter connection charges and fees for taps on water
mains, backflow prevention device installations, and fire taps on
water mains; fire hydrant installation charges:
Water Meter Connection Charges
Less than 1" meter with 3/4" service line. . . . . $ 210.00
1" meter with 1" service line. . . . . 280,00 305.00
1 1/2" meter with 1 1/2" service line. . , . . 530.00675.00
2" meter with 2" service line. . . . . 700,00 935.00
3" meter on 6" main (4" tap) . . . . . 2,950.00 3.960.00
3" meter on 8" main (4" tap) . . . . . 2,965.00 3.965.00
3" meter on 10" main (4" tap) . . . . . 2,985.003,930.00
3" meter on 12" main (4" tap) . . . . . 3,035.003,960.00
3" meter on 16" main (4" tap) . . . . . 3,085.004,025.00
3" meter on 20" main (4" tap) . . . . . 3,130.004,040.00
4" meter on 6" main. . . . , 3,255.00 4.555.00
4" meter on 8" main. . . . , 3,270.00 4.555.00
4" meter on 10" main. . . , . 3,290.004.520.00
4" meter on 12" main. . . . . 3,340.004.550.00
4" meter on 16" main. . . . . 3,390.00 4.605,00
4" meter on 20" main. . . . . 3,435.004.630.00
6" meter on 6" main. . . . . 4.800.00
4
Ordinance No. 7321-04
Larger meters and taps shall be charged at cost.
All charges for services, pipe and meters outside the city limits shall be 25
percent additional.
Taps on Water Mains
2" tap on 2" main. . . . . 260.00 265,00
2" tap on 4" main. . . . . 315.00270.00
2" tap on 6" main. . . . . 330.00280.00
2" tap on 8" main. . . . . 335.00 285.00
2" tap on 10" main. . . . . 390.00 290.00
2" tap on 12" main. . . . . 390.00 295.00
2" tap on 16" main. . . . . 170.00300.00
2" tap on 20" main. . . . . 170.00310,00
4" tap on 4" main. . . . . 920.00 1,165.00
4" tap on 6" main. . , . . 935.00 1,170.00
4" tap on 8" main. . . . . 955.00 1,175.00
4" tap on 10" main. . . . . 1,070.00 1.180.00
4" tap on 12" main. . . . . 1,125.00 1.185,00
4" tap on 16" main. . . . . 1,275.00 1.190.00
4" tap on 20" main. . . . . 1,325.00 1.200.00
6" tap on 6" main. . . . . 1,130.00 1.260.00
6" tap on 8" main. . . . . 1,195.00 1,265,00
6" tap on 10" main. . . . . 1,255.00 1.270.00
6" tap on 12" main. . . . . 1,355.00 1.280.00
6"tap on 16" main.... .1,155.00 1.320.00
5
Ordinance No. 7321-04
6" tap on 20" main. . . . . 1,670.00 1,350.00
8" tap on 8" main. . . . . 1,270.00 1.450.00
8"tap on 10" main.... .1,410.001.460.00
8" tap on 12" main. . . . . 1,475.00 1.530.00
8" tap on 16" main. . . . . 1,555.00 1.540.00
8" tap on 20" main. . . . , 1,770.00 1.560.00
12" tap on 12" main. . . . . 2,060.002.215.00
12" tap on 16" main. . . . . 2,205.00 2.225.00
12" tap on 20" main. . . . . 2,365.00 2.250.00
All charges for services, pipe and meters outside the city limits shall be 25
percent additional.
Backflow Prevention Device Installation
Charges for furnishing and installing reduced-pressure (RP) or double-
check (DC) backflow prevention devices, when required by city ordinance,
are as follows:
New Customers
Size Single P3r311el Single Par311el
(inches) DC QG RP ~
% $ 210.00 $ 355.00 $ 260.00 $ 460.00
140.00 170.00
3/4 (below 320.00 NIA N/A NIA
ground, in box
required with
lawn meter)
1 225.00 175.00 385.00 285.00 195.00 500.00
1 (below ground, 335.00 NIA N/A NIA
in box required
with lawn meter)
1 % 320.00 365.00 595.00 420.00 360.00 785.00
2 395.00 385.00 770.00 495.00 420.00 975.00
3 1,280.00 2,560.00 1,485.00 2,970.00
1,250.00 1.540.00
6
Ordinance No. 7321-04
4 1,710.00 3, 165.00 1,960.00 3,700.00
1.590.00 1.965.00
6 2,345.00 4,560.00 2,655.00 5, 180.00
2.820.00 3.115.00
8 3,910.00 (Time 7,650.00 4,755.00 (Time 9,335.00
& Materials) & Materials)
Standard installation is above ground.
Existing Customers
~ Single P:lrallel Single P3r31101
(inches) GG GG RP RP
~ $ 100.00 $ 200.00 $ 140.00 $ 280.00
3'4 (belo'" 210.00 NiA NiA NiA
, ...
ground, in box
required with
la'lm meter)
-t 105.00 210.00 145.00 290.00
1 (bolm'-' ground, 215.00 NiA NiA NiA
in box requirod
with I3'Nn motor)
~ 235.00 470.00 315.00 630.00
~ 285.00 570.00 365.00 730.00
J 1,140.00 2,280.00 1,370.00 2,740.00
4 1,255.00 2,510.00 1,560.00 3,120.00
9 1,775.00 3,550.00 2,305.00 4,610.00
3 2,975.00 5,950.00 3,680.00 7,360.00
St3nd3rd inst3113tion is aboveground.
Additional Fees for Detector Check and Double Detector Check
Installation on Fire Lines, exclusive of any required tap and charge for
such tap
New Customors
1" Residential Fire Service DC (includes 1" Residential Fire Service meter
and Tap). . . . , $680.00
2" single detector check with 5/8" bypass meter. . . . . $900.00835.00
4" double detector check with 5/8" bypass meter. . . , . 2,150.00 1.615.00
7
Ordinance No. 7321-04
1-
6" double detector check with 5/8" bypass meter. . . , . 2,680.00 2.635.00
8" double detector check with 5/8" bypass meter. . . , . 3,730.00 3.420.00
Existing Customers
2" single detector check '::ith 5/8" bypass meter. . . . . 835.00
1" double detector check with 5/8" bypass meter. . . , . 1,490.00
6" double detector check with 5/8" bypass meter. . . . . 2,025.00
8" double detector check with 1" bypass meter. . . . . 3,075.00
Detector check installations not included in above table will be charged to
customers on a time and materials basis.
All charges for services, pipe and meters outside the city limits shall be 25
percent additional.
Fire Hydrant Installation
Charge for furnishing and installing one fire hydrant exclusive of the
required tap and charge for such tap. . . . . $775.00
Charges for any hydrants that are not adjacent to the main or that require
additional piping, restoration, materials or labor shall be increased by
actual material and labor costs, plus overhead.
Section 4-5. Appendix A, Article XXV, PUBLIC WORKS -- FEES, RATES AND
CHARGES, (3)(a) Water Rates, Clearwater Code of Ordinances, as amended by City
of Clearwater, Florida Ordinance No. 6598, is amended as follows:
(3) Rates:
(a) Water rates. Water rates for all water furnished by the city shall be
as follows:
1. Domestic water rates shall be the following based on
monthly consumption and will take effect as shown in the
following table, and shall remain in effect thereafter unless
amended:
Meter Size JWy Apffi January October October
October October October 1,20037 1,2004~
1,2004-4 1,2002~ 1,2003Q
8
Ordinance No. 7321-04
Under 1-inch:
Minimum $ &-Q7 $ 3M- $~ $ 9-:00 $4M9
charge with 10.59 11.34 12.03 12.75 13.53
usage up to
3,000
gallons
Plus, from ~4.29 ~4.59 ~4.87 ~5,16 ~5.47
3,001 to
9,000
gallons, per
1,000
gallons
Plus, from ~5.09 4A9 5.45 4-:4a 5.78 ~6,13 &:QQ 6.50
9,001
gallons up,
per 1,000
gallons
1-inch:
Minimum ~ 2Q-Ae ~ ~ 24-74
charge with 24,71 26.46 28.07 29.75 31.57
usage up to
7,000
gallons
Plus, from ~4.29 ~4.59 ~4.87 ~5,16 ~5.47
7,001 to
40,000
gallons, per
1,000
gallons
Plus, from ~5.09 4A9 5.45 4-:4a 5,78 ~6,13 &:QQ 6,50
40,001
gallons up,
per 1,000
gallons
1 1/2-inch:
9
Ordinance No. 7321-04
Minimum 269,00 288.00 308.00 330.00 353.00
charge with 353,00 378.00 401.00 425.00 451.00
usage up to
100,000
gallons
Plus, from ~4.29 ~4.59 ~4.87 ~5.16 ~5.47
100,001 to
140,000
gallons, per
1,000
gallons
Plus, from ~5.09 4A.e 5.45 4:4a 5.78 4-:-79 6.13 ~6.50
140,001
gallons, per
1,000
gallons
2-inch:
Minimum 626,77 671.04 717.64 768.90 822. 49
charge with 822.49 880,74 934.33 990.25 1.050.83
usage up to
233,000
gallons
Plus, from ~4.29 ~4.59 ~4.87 ~5.16 ~5.47
233,001 to
343,000
gallons, per
1,000
gallons
Plus, from ~5.09 4A.e 5.45 4:4a 5.78 4-:-79 6.13 ~6.50
343,001
gallons, per
1,000
gallons
3-inch or 2-inch in
manifold:
10
Ordinance No. 7321-04
Minimum 965.71 1,033,92 1, 105.72 1 , 184. 70 1 ,267.27
charge with 1 ,267.27 1 ,357,02 1.439.59 1 ,525.75 1 ,619.09
usage up to
359,000
gallons
Plus, from ~4.29 ~4.59 &7a 4.87 4-:G4- 5.16 4:29 5.47
359,001 to
474,000
gallons, per
1,000
gallons
Plus, from ~5.09 4:-1-e 5.45 4-:4a 5.78 ~6,13 ~6.50
474,001
gallons, per
1,000
gallons
4-inch:
Minimum 1,858. 79 1,990.08 2, 128.28 2,280.30 2,139.23
charge with 2.439.23 2,611.98 2,770.91 2,936.75 3,116.41
usage up to
691,000
gallons
Plus, from ~4.29 ~4.59 &7a 4.87 4JM- 5,16 4:29 5.47
691,001 to
979,000
gallons, per
1,000
gallons
Plus, from ~5.09 4:-1-e 5.45 4-:4a 5.78 ~6,13 ~6.50
979,001
gallons, per
1,000
gallons
6-inch:
11
Ordinance No. 7321-04
Minimum 1,771.75 5, 112,00 5,167.00 5,857.50 6,265. 75
charge with 6,265.75 6,709.50 7.117.75 7 .543. 75 8,005,25
usage up to
1,775,000
gallons
Plus, from ~4.29 ~4.59 ~4.87 4:Q-1- 5.16 4-:2Q 5.47
1,775,001 to
2,025,000
gallons, per
1,000
Qallons
Plus, from 3-:3Q 5.09 4:4e 5.45 4:4a 5.78 ~6.13 ~6.50
2,025,001
gallons, per
1,000
gallons
8-inch:
Minimum 8,070.00 8,610.00 9,240.00 9,900.00 10,590,0
charge with 10,590.0 11.340.0 12,030.0 12,750.0 0
usage up to Q Q Q Q 13,530,0
3,000,000 Q
gallons
Plus, from ~4.29 ~4.59 ~4.87 4:Q-1- 5.16 4-:2Q 5.4 7
3,000,001 to
3,413,000
gallons, per
1,000
gallons
Plus, from 3-:3Q 5.09 4:4e 5.45 4:4a 5.78 ~6.13 ~6.50
3,413,001
gallons, per
1,000
gallons
2. Lawn water meters. Lawn water rates shall be as follows:
Lawn meter size.
Under 1-inch:
October
1,2004
October
1,2005
October
1,2006
October
1.2007
October
1,2008
12
Ordinance No. 7321-04
Base charge, with no 6883,78 ~4.04 ~4.28 ~4.54 ~4.81
water allowance....
Plus, up to 2,000 ~4.60 ~4,92 ~5.22 ~5.53 ~5.86
gallons, per 1,000
gallons....
Plus, from 2,001 ~6.33 aA+ 6.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons....
1-inch:
Base charge, with no 3M ~ Q.,W ~ 44-M
water allowance.... 11.34 12.13 12.86 13.63 14.45
Plus, up to 7,000 ~4.60 ~4.92 ~5,22 ~5.53 ~5.86
gallons, per 1,000
gallons.. ..
Plus, from 7,001 ~6.33 aA+ 6.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons.. ..
1 1/2-inch
Base charge, with no ~ ~ ~ ~ a&:ro
water allowance,... 56.70 60.67 64,31 68.17 72.26
Plus, up to 9,000 ~4.60 ~4.92 ~5.22 ~5.53 ~5.86
gallons, per 1,000
gallons....
Plus, from 9,001 ~6.33 aA+ 6.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons.. ..
2-inch:
Base charge, with no 120.96 129.36 138.60 118.26 158.76
water allowance.... 158.76 169.87 180.06 190.86 202.31
13
Ordinance No. 7321-04
Plus, up to 40,000 ~4.60 ~4.92 4,Q2 5.22 ~5.53 ~5.86
gallons, per 1,000
gallons....
Plus, from 40,001 ~6.33 94-76.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons....
3-inch or two 2-inch in
manifold:
Base charge, with no 239.04 255,64 273.90 292.99 313.74
water allowance.... 313.74 335,70 355.84 377.19 399.82
Plus, up to 100,000 ~4.60 ~4.92 4,Q2 5.22 ~5.53 ~5.86
gallons, per 1,000
gallons....
Plus, from 100,001 ~6.33 94-76.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons.,. .
4-inch:
Base charge, with no 460.80 492,80 528.00 564.80 604.80
water allowance.... 604.80 647,14 685.97 727.13 770.76
Plus, up to 233,000 ~4.60 ~4.92 4,Q2 5.22 ~5.53 ~5.86
gallons, per 1,000
gallons... .
Plus, from 233,001 ~6.33 &:-1-7 6.77 ~7,18 ~7.61 ~8.07
gallons, per 1,000
gallons....
6-inch:
Base charge, with no 1,391,04 1,487.64 1,593.90 1,704.99 1,825.74
water allowance.... 1.825,74 1.953,54 2.070.75 2.195.00 2.326.70
Plus, up to 359,000 ~4.60 ~4,92 4,Q2 5.22 ~5.53 ~5.86
gallons, per 1,000
gallons....
14
Ordinance No. 7321-04
l_
Plus, from 359,001 ~6.33 &A+ 6.77 a.aJ7.18 a.92 7.61 e.JJ 8.07
gallons, per 1,000
gallons... .
3. Standby and other charges for fire protection systems. For
fire hydrants and fire protection systems on private property
connected to the city water system, the customer shall pay a
monthly standby charge as set forth in the following table:
Facility Monthly
Charge
Fire hydrants, per hydrant.... $ 5.00
Fire protection systems, based on fire line size, per
building:
6 inches or less.... 5.00
8 inches.... 9.00
10 inches..,. 14.00
12 inches or larger.... 20.00
Water drawn from a fire line and used for purposes other
than firefighting will be charged at the lawn meter rate if the
water does not enter the sewer system, or the domestic rate
if the water enters the sewer system. Such charges shall be
in addition to the monthly standby charges.
4. Service out of municipal limits. Accounts outside of the
corporate limits of the city shall be subject to a surcharge
equal to 25 percent of the monthly charges.
5. A charge of the monthly minimum for a 1 1/2-inch water
meter is required for a deduct meter for air conditioning
cooling water and similar purposes, but not for lawn irrigation
purposes. This charge shall be required only where a
separate irrigation meter cannot be set in the right-of-way or
easement and the meter reader must physically read and
deduct consumption for billing purposes.
15
Ordinance No. 7321-04
6. The water rates shall be adjusted periodically to recover any
increased cost to supply water due to changes in the
wholesale rate the city pays for water. Any such adjustment
shall be a proportionate increase based upon the ratio of
water the city buys wholesale to total system water. Such
rate adjustment shall be recommended by the public works
administrator and approved by the city manager, and a copy
shall be filed with the city clerk following approval.
7. Annual indexing of water rates and lawn water rates. Water
and lawn water rates may be adjusted annually on October 1
based on the Price Index for Water and Wastewater Utilities
established each year by the Florida Public Service
Commission (FPSC). The maximum rate adjustment based
on the Price Index for Water and Wastewater Utilities is 3.5
percent. Such rate adjustment shall be recommended by the
city manager for approval by the city commission council by
ordinance.
8. Dormant accounts. The monthly charge for a dormant lawn
water account shall be at the applicable water lawn base
charge for the size of meter at the premises.
Section ~6. Appendix A, Article XXV, PUBLIC WORKS -- FEES, RATES AND
CHARGES, (3)(b) Wastewater Collection Utility Rates, Clearwater Code of Ordinances,
as amended by City of Clearwater, Florida Ordinance No. 6598, is amended as follows:
(b) Wastewater collection utility rates.
1. There is hereby established a uniform schedule of rates and
charges for the use or availability of use of the wastewater
collection system. The wastewater collection utility rate shall
be a monthly fee consisting of a minimum charge for an
assigned volume of domestic water associated with each
water meter size, shown as the basic allowance in the
following table, plus a charge per 1,000 gallons for water
consumed above the assigned volume. Such rates shall
take effect as shown in the following table, and shall remain
in effect thereafter unless amended:
Base Monthly Charge With or Without Consumption
Size of Meter ~ ~ J3nu~HY October 1, October 1 , Basic
October 1 , October October 1 , 200~I 2004~ Allowance
20044 1 , 200~~ 200~Q (gallons)
Under 1-inch ~ 44.88 ~ ~ 44-:a8 3,000 or less
14.58 15.60 16.53 17.52 18.57
16
Ordinance No. 7321-04
1-inch ~ ~ ~ ~ ~ 7,000 or less
34.02 36.40 38.57 40,88 43.33
1 Y2-inch 370.00 396.00 121.00 151. 00 186.00 100,000 or less
486.00 520.00 551.00 584.00 619.00
2-inch 862.10 922.68 987.92 1,057.82 1,132,38 233,000 or less
1 132.38 1 211.60 1 283.83 1 360.72 1.442.27
3-inch or 2 2- 1,328.30 1,121.61 1,522.16 1,629.86 1,711.71 359,000 or less
inch manifold 1.744.74 1 866.80 1 978.09 2.096.56 2.222,21
4-inch 2,556.70 2,736.36 2,929.81 3,137,11 3,358,26 691,000 or less
3.358.26 3593.20 3807.41 4.035.44 4277,29
6-inch 6,567.50 7,029.00 7,526.00 8,058.50 8,626,00 1,775,000 or
8.626.50 9.230.00 9.780.25 10.366.00 10.987.25 less
8-inch 11,100.00 11,880.0 12,720.00 13,620.00 11,580.00 3,000,000 or
14,580.00 Q 16.530.00 17.520.00 18.570.00 less
15.600.0
0
Charge per 3.701.86 ~5.20 4:24 5.51 4-:a4 5.84 ~6.19
1,000 gallons
of water used
over the basic
allowance
2. Service outside of the municipal limits, Accounts outside the
corporate limits of the city shall be subject to a surcharge
equal to 25 percent of the monthly wastewater collection
utility charges.
3. The wastewater collection utility rate schedule shall be
reviewed by the city commission council as a part of the
annual fiscal budget preparation to ensure that adequate
revenues are generated to pay the costs of operation,
maintenance and outstanding bond service requirements.
4. The wastewater collection charges provided in this section
shall not apply to sprinkler irrigation systems separately
metered or deduct meters.
5. Basis where water is unmetered. For accounts existing as of
the effective date of this article, at premises which have a
source of water other than city water system, where the
spent or used water from which goes into the wastewater
collection system, the customer shall pay a charge
according to the schedule provided in this section, based
upon an estimate of the amount of water going into the
wastewater collection system. In the event of a
disagreement as to the amount of such water reaching the
17
Ordinance No. 7321-04
wastewater collection system, then a metering device or
devices shall be installed at the customer's expense to
determine that amount. For accounts established after the
effective date of this article, the customer shall install at the
customer's expense~ a water meter on the water service line,
which meter shall be accessible to city employees for the
purpose of reading the meter. Water consumption measured
by such meter shall be the basis for the wastewater
collection charges for the premises.
6. Annual indexing of wastewater collection utility rates.
Wastewater collection utility rates may be adjusted annually
on October 1 based on the Price Index for Water and
Wastewater Utilities established each year by the Florida
Public Service Commission (FPSC), The maximum rate
adjustment based on the Price Index for Water and
Wastewater Utilities is 3.5 percent. Such rate adjustment
shall be recommended by the city manager for approval by
the city commission council by ordinance.
7. Dormant accounts. The monthly charge for a dormant
account shall be at the applicable sanitary sewer base
monthly charge for the size of meter at that premises.
Section 7. Appendix A. Article XXV. PUBLIC WORKS - FEES, RATES AND
CHARGES, (3)(f) Reclaimed Water Rates, Clearwater Code of Ordinances. as
amended by City of Clearwater. Florida Ordinance No. 6587. is amended as follows:
(f) Reclaimed water rates. The monthly rate for the uso or
availability of uso of tho roclaimod v.'ator system shall be as follO'.\'s
There is hereby established a uniform schedule of rates and
charQes for the use or availability of use of the reclaimed water
system. The reclaimed water rate shall be a monthly fee consistinQ
of an availability charae as the basic allowance in the followinQ
table, plus a charQe per 1,000 Qallons of reclaimed water
consumed. Such rates shall take effect as shown in the followina
table, and shall remain in effect thereafter unless amended:
October 1 . October October October October
2004 1.2005 1,2006 1,2007 1.2008
SinQle family.
duplex or triplex
(per domestic
water account:
however, if a
duplex or triplex
has separate
18
Ordinance No. 7321-04
r
domestic water
accounts for each
dwellina unit. then
the appropriate
charae shall be
divided eaually
amonQ each
account)
and
commercial
findustrial with
less than or eaual
to 2 acres of
pervious area
Availability charQe 9.00 11.65 15.08 15.98 16.94
UsaQe - flat 6.00 7.77 NfA NfA NfA
charQe
Commercial
findustrial with
more than 2 acres
of pervious area
or non-irriqation
uses - metered or
multi-family
dwellinQ
Availability charoe 9.00 11.65 15.08 15.98 16.94
UsaQe - metered 0.30 0.39 0.47 0.50 0.53
per 1.000 qallons
used
Open space
Availability charQe NfA NfA 15.08 15.98 16,94
Per acre of 13.77 17.82 NfA NfA NfA
pervious area. as
defined in Section
32.352
UsaQe - metered NfA NfA 0.47 0.50 0.53
per 1.000 Qallons
used
19
Ordinance No. 7321-04
1. Irrigation Use
/\'.'ailability Only Consumption Total
Each Sorvice Connection Provided
a. Singlo family, duplox or triplex
(por domostic '.vater 3ccount
hov.'ovor, if a duplex or triplex
has separ3to domestic v.'ator
3ccounts for e3ch dwelling unit,
then tho appropriate ch3rgo shall
be dividod oqually among oach account)
$9.00
$6.00
$15.00
b. Multi family
$9.00 $0.30/1000 gals
$9.00+use
c. Commorcial/industrial
i. Less than or oqual to 2
acres of pervious aroa
$ 9.00
$6.00
$15.00
ii. More than 2 acres of
pervious am3 or
non irrigation usos
metered
$ 9.00 $0.30/1000 gals $9.00+uso
d. Open Space (por 3cm of
"pervious are3," 3S dofinod
in section 32.352)
$13.77
2. Non irrigation use metered, includes air conditioning systom
coolant water
$ 0.00* $0.30/1000 gals $9.00+use
2. ,^,dditional requirements for a commercial property with mom than
one 'Nater account, but irrigating under one or more reclaimed water
accounts, the feos for each reclaimed water connoction will bo as
follm'"s:
$ 9.00 $0.30/1000 gals $9.00+use
20
Ordinance No. 7321-04
One availability fee shall be charged to a property and not to each of the
multiple individual potable water accounts.
An example of this situation is when a commercial property has multiple
stores, etc., as multiple individual accounts, and the property is mostly
parking lot and commercial space. The property owner irrigates or uses
reclaimed water in some manner, but at only one location at the property.
The location utilizing the reclaimed water will be billed for availability and
consumption. If another location on that property needs a reclaimed
water service connection, that account will be billed according to the
schedule above.
*roolaimed available
Section 8. Appendix A. Article XXV. PUBLIC WORKS -- FEES. RATES AND
CHARGES. (4) Miscellaneous Additional CharQes. Clearwater Code of Ordinances. as
amended bv City of Clearwater. Florida Ordinance No. 6587. is amended as follows:
(4) Miscellaneous additional charges:
(a) Applicable during normal working hours:
1. Turn-on:_Water meter/reclaimed water
connection, per meter/connection. . .20.00
2. Special reading. . . 15.00
3. Collector fee (for each collection attempt). . .5.00
4. Check reading (if correct reading has been
made) . . . 15.00
5. Read for change of account. . , 15.00
6. Reset meter~Water . . . 50.00
7. Water meter test if meter is correct:
a. Less than or equal to 2-inch size. . .
50.00
b. Greater than 2-inch size. . . 100.00
8. Dishonored check service fee. See section
2.528
9. Turn-off,.;.. wWater . . . N/C
21
Ordinance No. 7321-04
--l
10. Lawn meter removed. . ,70.00
11. Duplicate bill preparation for payments (mailed
in or customer walk in) . . . N/C
12. Water meter downsize or upsize (no new tap
needed):
a, From 1-inch meter or to 1-inch meter. . .
60.00
b, From 1 1/2-inch meter or to 1 1/2-inch
meter. . . 110.00
c. From 2-inch meter or to 2-inch meter. , .
160.00
d, From 3-inch meter or to 3-inch meter. . .
330.00
e, From 4-inch meter or to 4-inch meter. . .
385.00
f. From 6-inch meter or to 6-inch meter. . .
400.00
Any combination of downsizing and subsequent upsizing or
upsizing and subsequent downsizing for the same service,
per meter, will not be allowed more than once every three
years.
13. Leaks,,;,,, wWater. . . N/C
14. Reclaimed water re-inspection (no charge for
initial or first re-inspection) . . . 35.00
(b) The charges in the preceding table will
be doubled for services between 4:30 p.m. and
8:00 a.m. on workdays and all day during
holidays and weekends.
15. Fire hydrant flow test. . . 50.00
16. Water main offset installation. . . Time and
materials
(5) Other miscellaneous charges:
(a) Water:
22
Ordinance No. 7321-04
1. Unauthorized water system use: For any use of
water, unauthorized, per occurrence. . . 100.00
2. Bypass: Ten percent of average monthly bill for
each day since last reading.
3. Broken stop locks on water meters. . .20.00
4. Repair or replace tampered or damaged meter
or any other part of the water system: $20,00 plus
labor and materials. To relocate water meter: Time
and materials.
5. Unauthorized use of fire hydrants. . . 200.00
Section J9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
23
Ordinance No. 7321-04
City Council
~<g~<<~w~~<~Q<~<~!:~<~<~<Qr~.!:I~~t!:!,~.~w,
CA-2.
\Old
Tracking Number: 1,009
Actual Date: 12/16/2004
Subiect / Recommendation:
Adopt Ordinance 7352-04 on second reading, amending Section 33.067 of the Code of
Ordinances regarding defined areas for no internal combustion motors on Sand Key,
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 11/21/2004
12/05/2004
Financial Information:
Review Approval
Pam Akin
11-19-2004 14:28:58
Cvndie Goudeau
12-02-2004 14:56: 16
K~.' c I~ '- 2
\ZJt : \ (). d
ORDINANCE NO. 7352-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 33, SECTION 33,067, CODE OF
ORDINANCES, RELATING TO WATERWAYS AND VESSELS,
TO AMEND DEFINED AREAS FOR NO INTERNAL
COMBUSTION MOTORS ON SAND KEY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there have become growing concerns for the safety of swimmers,
fishermen, and sailing class students at the Clearwater Community Sailing Center and on
the beach adjacent to it; and
WHEREAS, the existing slow down - minimum wake zone does nqt restrict vessels
with engines from accessing this section of beach; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 33.067 is amended to read:
Sec. 33.067. Same-Areas defined.
(8) No Internal Combustion Motors Zone 810...1 down minimum '1/3k-o
~; Clearwater Community Sailing Center and Adiacent Sand Kev Beach. All
waters in the following described area are designated as a no internal combustion
motors zone slow down minimum wake zona: Begin at the designated wake zone on
the southeast corner under the Clearwater Pass Bridge, at marker buoy 11, located at
27degrees 57 minutes 33.6 J2.+ seconds north, 82 degrees 49 minutes 18.54 ~
seconds west, and continue in a southeast direction to a point approximately 100 yards
offshore, then in a southerly direction approximately 800 +00 yards, more or less, to a
point marked by a buoy at 27 degrees 57 minutes 09 49 seconds north, 82 degrees 49
minutes 49 ~ seconds west, then in a westerly direction 100 yards, more or less, to a
point approximately on the mean high-water line at the Clearwater Community Sailing
Center, located at 27 degrees 57 minutes 55 4+ seconds north, 82 degrees 49 minutes
49 JJ seconds west, then in a northerly direction along the mean high-water line, then
to the point of beginning at marker buoy 11.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7352-04
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Brian J. Aungst
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7352-04
I
E D I H SC; J-,
\ \ 0\
City Council
<"_'"HE~g,~J1~~J;;:<QffiY~~,~,^~<~~Q,!~~~~!:!<~
Tracking Number: 1,001
Actual Date: 12/16/2004
Subject / Recommendation:
Authorize transfer of up to $100,000 to establish a project within the Special Program Fund to
pay for professional services associated with the development of the City's 5-year Consolidated
Planning document, Analysis of Impediments to Fair Housing document, and for the Master
Planning of the Jack Russell site,
Summary:
In the early 1990's, the City developed a loan guarantee program called the Challenge Loan
Program, Under this program, the City guaranteed the loans that were issued by commercial
banks for the first five (5) years should the borrower default, A guarantee program was setup
with non-HUD funding. As of the mid to late 1990's, all of the City's guarantees have expired
and there remains $92,608 in Special Program project 181-99598 within the Special Program
Fund.
The Infill Housing Development Program was funded in 1990 to perform infill housing activities.
The program was funded with $143,283 from the Rehab Loan Fund, $190,007 transferred from
the General Fund, and $180,949 of interest earnings credited to the program to-date, for a total
of $512,289 in revenues. Between 1990 and 1995 there were expenditures from transfers to
escrows and other miscellaneous items, in the amount of $209,135, which leaves a balance of
$313,446 in Special Program project 181-99599. This program has been inactive since the mid
1990's.
The total balance associated with the above two funds equals $406,054.
The Economic Development and Housing Department would like to transfer $100,000 to
establish a new project to pay for various professional services that the department will be
soliciting. Of the remaining $306,054, a separate agenda item proposes the appropriation of
some of these funds for the Planning Department's Evaluation and Appraisal Report process,
Any remaining funds will be returned to General Fund retained earnings at first quarter.
Funding will be used to retain a consultant to assist with the development of the City's new
5-Year Consolidated Planning Document that is due to HUD in August 2005.
Second, funding will be used to update the City's Analysis of Impediments to Fair Housing, This
document was done back in the mid-1990's and it is due to be updated. The City is
collaborating with St. Petersburg, Largo and Pinellas County in the development and costs to
prepare this update,
Finally, funding will be used to retain a firm to assist with the Master Planning of the Jack
Russell site in order to development and design the proper mix of residential, retail and/or
commercial.
Originating: Economic Development and Housing
Section Consent Agenda
Category: Other
Public Hearing: No
City Council
"<<<<~~!!~"!i!@<~<Q~<~!:"W~<~,~,~ra I'!.~.~"!!!
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Individual Project Costs will be under $50,000
In Current Year Budget?
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
Transfering funding to establish a project within the Special Program Fund to pay for
professional services within the Economic Development & Housing Dept.
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$100,000.00
Appropriation Code(s)
181-99421
Amount
$100,000,00
Comments
Review Approval
Howie Carroll
Bill Horne
11-17-2004 15:26:03
11-18-2004 09:45:49
12-02-2004 11:31:27
12-02-2004 15:37:35
12-03-2004 13:57:51
12-02-2004 15:59:44
Geraldine Camoos
Tina Wilson
Garrv Brumback
Cvndie Goudeau
I
F p ~'-
\ \ . ~
City Council
<<<<"<~%"",,,~g~,~~,~<<<~"QY~I,,~~~mo~~..~~<!:!<<~
Tracking Number: 1,023
Actual Date: 12/16/2004
Subject / Recommendation:
Appoint Mr, Robert Going to a two-year term ending December 31, 2006 as a Trustee of the
Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida
State Statutes,
Summary:
The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the
State of Florida from insurance companies doing business within the community, These monies
are required to be administered by a Board of Trustees whose composition must consist of two
legal residents of the City appointed by the City Council; two City firefighters elected by the
firefighters; and a fifth member chosen by a majority of the other four members and submitted
to the City Council for appointment. The Board of Trustees is solely responsible for
administration of the trust fund,
The other four members of the Board of Trustees selected Robert Going to be appointed as the
fifth member to replace former member Rowland Herald, whose term will expire on December
31, 2004.
Mr, Going has indicated his willingness to serve a two-year term,
It is recommended that the City Council, as a ministerial duty, appoint Robert Going as a trustee
to the seat for the period of January 1, 2005 through December 31, 2006,
Originating: Fire and Rescue Department
Section Consent Agenda
Category: Other
Financial Information:
~ Other
Review Approval
Jamie Geer
11-24-2004
16:11:38
Bill Horne
12-02-2004
16: 08: 56
Cvndie Goudeau
12-03-2004
13:40:08
Garry Brumback
12-01-2004
13:59:37
f1)-<L
City Council
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Tracking Number: 999
Actual Date: 12/16/2004
Subject / Recommendation:
Award a contract to Alan Jay Automotive Network for the purchase of three 2005 Chevrolet 2500
3/4-ton Suburbans, at a cost of $86,199.00 in accordance with section 2,564(1)(d)-Florida
Sheriff's Association & Florida Association of Counties Contract #04-12-0823 and authorize lease
purchase under the City's Master Lease Purchase agreement.
Summary:
Vehicle Requests:
a) Replace #G1537 1995 Chevrolet Suburban with 2005 Chevrolet 2500 3/4-ton Suburban.
b) Additional vehicle: 2005 Chevrolet 2500 3/4-ton Suburban for Fire Div. Chief/Support
Services Division,
c) Additional vehicle: 2005 Chevrolet 2500 3/4-ton Suburban for Fire Div, Chief/Operations
Division,
Vehicle (a) is a replacement to a reserve in accordance with the schedule for replacement at a
cost of $30,609.00. Chief Geer has inventoried the Fire & Rescue fleet and will be eliminating
four other vehicles that were over purchased and from now on will replace vehicles with fire
management vehicles more appropriate to the department needs. The Department decided to
not go with pick-ups due to design module problems. The purchase requests for (b) and (c) are
at the cost of $27,795.00 each,
The Resource Management Committee approved the request at its Nov, 3rd meeting,
The first quarter budget amendment will establish a new lease purchase project, "Fire Command
Staff Vehicles", in the amount of $86,199.00 for the acquisition of these vehicles, The lease
purchase debt service for the current year will be funded through operating savings within the
Fire Department budget.
Originating: Fire and Rescue Department
Section Consent Agenda
Category: Purchasing items with a lease purchase
Public Hearing: No
Financial Information:
~ Debt - Lease
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
FL Sheriff's Assoc. & FL Assoc. of Counties Contract #04-12-0823
City Council
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In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$86,199.00
Annual Operating Cost:
$24,090.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Not to Exceed:
$0.00
Appropriation Code(s)
316-91251-591000-581-000
Amount
$86,199.00
Comments
Lease Purchase Agreement Only
Review Approval
Jamie Geer
Bill Horne
11-29-2004 15:55:26
12-06-2004 15: 13:23
11-29-2004 16:07:08
12-06-2004 09:52:23
11-30-2004 07: 10:20
12-06-2004 11:50:14
Cvndie Goudeau
Georae McKibben
Garrv Brumback
Tina Wilson
CD?
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City Council
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Tracking Number: 979
Actual Date: 12/16/2004
Subject / Recommendation:
Approve the acceptance of a FY 2004/2005 Assistance to Firefighters Grant in the amount of
$293,248 from the Department of Homeland Security, and approve City matching funds in the
amount of $125,677, for a total project budget of $418,925.
Summary:
Fire & Rescue has received a Federal Grant in the amount of $293,248, The total grant amount
is actually $418,925 with the Federal share of $293,248 equaling 70%, The required 30% match
has been budgeted specifically for this grant match ($125,677 in line-item funding and in-kind
service). Period of performance for the contract is September 3, 2004 through September 2,
2005.
An overview of the Wellness & Fitness Program
1. Purchase of Candidate Physical Agility Testing equipment (CPAT). This is for physical
equipment and Train-the-Trainer courses to utilize in-house employees to administer=$45,525,
We will be the first department in Pinellas County to utilize this nationally certified testing
system and have the opportunity for our Training Division to become a revenue generating
source.
2. Purchase standardized weight equipment for each fire station equaling $250,360 ($31,295
per fire station x 8 fire stations). Also added to this initiative is $11,400 to train 24 current
employees to become personal fitness weight trainers to assist our staff in designing and
maintaining a proper fitness program, and $42,500 to actually custom design these fitness
programs with each member of our line staff.
3. We have received $15,590 to make minor modifications to our existing facilities for purposes
of proper HVAC and air-flow,
4. We have received $53,550 for additional health assessment funds to ensure our current
annual physicals are NFPA 1582 compliant.
This grant was pursued with the full intent of improving our current staffs health and wellness
through education, training, and physical agility, Indirectly, programs like these across the
nation have seen dramatic reductions in lost time injuries and significant savings in Worker's
Compensation claims. Directly, these efforts will prove to increase the health and physical agility
of the firefighters to perform their job daily for our citizens.
The first quarter budget review will establish a new project
City Council
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181-99845, Assistance to Firefighters Grant, recognizing the grant budget of $293,248. In
addition, the matching funds of $125,677 will be provided by the transfer of funds from the
following projects:
181-99991 $65,000 Trailer Park Fire Hydrant
181-99992 $15,000 Fire Prevention
315-91213 $45,677 Fire Apparatus Refurbishment
The first two items represent General Fund dollars that had been set aside to provide matching
funds for grants that were never awarded, These funds are available for reappropriation to this
new project. The third item reflects available in the Fire Apparatus Refurbishment project. These
funds will be returned to the General Fund at first quarter and reappropriated to this new project
181-99845.
Originating: Fire and Rescue Department
Section Consent Agenda
Cateqorv: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
Detailed budget adjustment comments have been placed in the agenda item,
Current Year Cost:
$125,677,00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Not to Exceed:
$0.00
Appropriation Code(s)
181-99845
Review Approval
Jamie Geer
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Rob Surette
Bill Horne
City Council
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Amount Comments
$418,925,00
11-15-2004 08:50:56
12-10-2004 08:34:29
11-15-2004 09: 14:52
12-10-2004 08:06:07
11-15-2004 10:04:54
12-10-2004 08:22:52
F~N- \
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City Council
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Tracking Number: 1,021
Actual Date: 12/16/2004
Subject / Recommendation:
Approve settlement of the entire workers' compensation claim of Timothy Hannas, to include
indemnity, medical, and attorney fees for the sum of $150,000 and authorize the appropriate
officials to execute same,
Summary:
On October 8, 2003, Claimant, Timothy Hannas, a Public Services employee for 17 years,
twisted climbing down from a truck and injured his low back and neck,
Claimant's neck had previously been injured in a work related accident on January 22, 2002,
The Claimant, as a result of the January 22, 2002 acident, sustained herniated discs at C5-6 and
C6-7 which were surgically repaired resulting in a permanent impairment rating to the Claimant
of 9%,
The Claimant's work related accident of October 8, 2003 caused new cervical disc problems at
C3-4 and C4-5 along with an acute lumbar strain, The Claimant treated conservatively for these
problems and was given a permanent impairment rating of 8% for them,
The Claimant's permanent impairments and vocational background prevent him from returning
to work for the City of Clearwater, and he has applied for a work related City disability pension,
Claimant has a pending claim for workers' compensation permanent total disability.
If this claim is not settled the City faces probable exposure for workers' compensation
permanent total disability along with lifetime medical care for his injuries.
The City's Claims Committee, Risk Management Division, and the City's outside counsel, Mark
Hungate, recommend settlement of this claim as being in the best interest of the City,
Originating: Finance
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearinq: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
City Council
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Other Contract?
settlement
In Current Year Budget?
Yes
Budqet Adiustment:
No
Current Year Cost:
$150,000.00
For Fiscal Year:
10/01/2004 to 10/01/2005
Total Cost:
$150,000.00
Appropriation Code(s)
590-07000-545800-519-000
Amount
$150,000,00
Comments
Review Approval
Jon Marcin
Bill Horne
11-23-2004 11:39:49
12-03-2004 13:53:04
11-29-2004 16:52: 17
12-02-2004 11:35:37
12-01-2004 14:35: 14
12-02-2004 16:06:02
Cvndie Goudeau
Marcie Simmons
Garrv Brumback
Tina Wilson
CG :-s- I
City Council
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Tracking Number: 1,004
Actual Date: 12/16/2004
Subject / Recommendation:
Accept Utility Easement with Hammerhead's Hardware, L.L.C" a Florida limited liability
company, d/b/a Ace Hardware, 1015 West Bay Drive, Largo, Florida 33770 within Section 33,
Township 29 South, Range 15 East, Pinellas County, Florida, as described in detail in Exhibit "A"
of the easement. '
Summary:
The City of Clearwater currently has a gas line installation & maintenance easement on the
property located at 1015 West Bay Drive in Largo, This easement was granted by Largo Lanes,
Inc on January 30, 1975.
In July 2003, Hammerheads Hardware L.L.C. (d/b/a Ace Hardware) purchased the property
located at 1015 West Bay Dr, It was determined that Clearwater Gas System (CGS) would need
to abandon the existing gas main that crosses under the parking lot due to new construction
plans that would place a portion of the building over top of the existing gas main. Therefore, it
is necessary to execute a new utility easement granting the City access to install approximately
300 feet of new gas main located south of the current installation, This gas main currently
feeds three (3) customers located in a shopping center complex just east of ACE Hardware's
property.
This project is scheduled to take place in late December/early January 2005. CGS's crews will
install the gas main within the boundaries as described in the Utility Easement Exhibit A and
shown on Exhibit B. After all new gas lines are installed, CGS will bring forward to Council the
request to abandon the original 1975 easement,
Hammerheads Hardware is fully reimbursing CGS for the work based on time & materials,
Originating: Gas System
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Chuck Warrinaton 11-18-2004 16:49: 17
Chuck Warrinaton 12-03-2004 09:56:43
Bill Horne 12-06-2004 11:52:36
Laura LiDowski 11-23-2004 13:43:27
Cvndie Goudeau 12-06-2004 15:11:06
Chuck Warrinqton
Garry Brumback
City Council
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12-02-2004 13: 50: 57
12-06-2004 08:52:07
Return to:
Brian Langille
Gas Department
City of Clearwater
400 N. Myrtle Ave
Clearwater, FI. 33755
Parcell. D. Numbers: 33/29/15/00000/410/0500
UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby
acknowledged, and the benefits to be derived therefrom,
HAMMERHEAD'S HARDWARE, L.L.C., a Florida limited liability company
d/b/a, Ace Hardware, 1015 West Bay Dr., Largo, Florida 33770
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation of the State of Florida ("Grantee"), an easement over, under and across the following described land
lying and being situate in the County of Pinellas, State of Florida, to wit:
A five foot (5') NATURAL GAS UTILITY EASEMENT and an Inaress and Earess Easement
for the City of Clearwater service and utility personnel and eauipment. to encumber
portions of the Lots 1. 2 and 3 as depicted in EXHIBIT "A". said easement premises beina
depicted in EXHIBIT "B" appended hereto and made a part hereof. and beina more
specificallv described therein.
This easement is for Gas Line/Utility installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to
excavate, grade, contour, stabilize, construct, install and maintain thereon gas lines and facilities, and to inspect
and alter such gas lines and facilities from time to time, Grantee shall be solely responsible for obtaining all
governmental and regulatory permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable
access to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly
restore the easement premises upon completion of any project undertaken in the exercise of these rights.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted
herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of
both parties, or by abandonment of the easement premises by Grantee.
Grantor hereby warrants and covenants (a) that Grantor is the owner of fee simple title to the premises in which
the above-described Easement Area is located, (b) that Grantee shall have quiet and peaceful possession, use
and enjoyment of this easement.
.
WITNESSWHE~,the undersigned grantor has caused these presents to be duly executed in irs name this
~dayof () Afl<( ,2004. '
Signed, sealed and delivered
in the presence of:
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wrwss signature ~... . .L
/ nltf' \Q Y\r\4- ~"f-ljlO&'t:.{
Print Witness Name ;
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WITNE~ature rv ..,.-.
~(j . 111 r /'0-1 ::rQ.b-
Print Witness Name
HAMMERHEAD HARDWARE, L.L.C.
By:
~~Jhber
Attest:
J
Acknowledgement Re:
Utility Easement
Grantor: Hammerheads Hardware, L.L.C,
Grantee: City of Clearwater, FL.
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared WilHam J. Gessert, as Managing Member of
Hammerhead's Hardware, L.L.C., of Largo, Florida, Inc., whom, beil1g duly authorized, executed the foregoing
easement instrument on the day and date first above written on behalf of said corporation, and who acknowledged
before me that he did execute same freely and voluntarily for the uses and purposes therein described,
~Ll'-'~. aJ~~/~
Notary Public - State 0 Florida
md {','a t\i\-e ~~u.5:r()t.n$.~'
Type/Print Name .
Marianne Augustowskl
MY COMMISSION # 00266 118 EXPIllfS
80NDfD November 11, 2001
TFIIiII TROYFAIH lNSUtAN<:E.1HC
[ ] Personally Known
ill Produced Identification
Type of Identification Produced
&R-uJ-eAJl
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EXHIBIT A
" ."---LEGAL DESCRIPTiON
--,.--. .
M(!ssage:...
,.'
THE EAST ONE- HALF (1/2) OF mE NORIHWEST 1/4 OF tHE NORlREiAsT 1/4 Of THE
SOUTHEAST" 1/4 or: SEC110N 33, TOWNSHIP 29 SOImi, RANGE 15 '; EAST. PIMEU.AS
COUNTY. n.oR1DA , lESS THE EAST '.9.00 FEET or. llIE NORTH 484:00 FEEl lHEREor
AND LESS ROAD RIGHT-OF-WAY. .
. "
ALSO, lOTS 1. 2 AND . 3, l!SS tHAT PART LYING WfTHIN 50 f[ETOfTHE EMT WEST
CENTERUNE OF' SECTION 33. TOWNSHIP 29 SOUTH. RANGE 15 EAST. PINEUAS
COUNTY, FlORIDA; AND ALL Of LOT 45. TOGEtHER WITH VACATED All.EYS
ADJOINING SAID LOTS. AS VACATED BY, RESOWDONS RECORDED IN OFFCIAl
RECORDS BOOk 1359, PAGE 290 AND omcw. RECORDS BOOK 1373. PAGE" 138,
CONRADt'S REPLAT OF FlETCHER'S ADOrnoH TO ,lARGO. ACCORDING TO THE PLAT
THEREOF RECORDED 1M PlAT BOOK 10, PAGE 6. ALL Of THE PUBUC RECORDS OF
PINEUAS COUNTY fLDRIDA.
SAID TRACT CONTAINING 3.8258 ACRES YORE OF LESS
I
EXHIBIT B
ABBREVJATl SEC. 33 . TWP 19 S. RGE
$.1\&1> ~ SET 1'1"11" ANO DISC U539 FD.1>K.N. -FO.UNU l'RNAU.
5.1.8.. ~ SET IRON ROD F.CM.. 1'OUI'6) CONe. MON. BASIS OF IlI!A1UNGS;
S.<;.M.- SET CONCRETE MONtIMENT IID.N..r.D. -FOUND NAIL AND DISC,
P.IIl. .. FOUNl) IRON ROD BoM. - BENCHMARK I'INELLAS COUNTY COORDll'I4TE srS!'EM
".0.1', ~ FOUNOPflN PIPE LJIL.EL. .. LOWI!S'l'JI'U)()RELEV.
I .',".1'. ~ FOUNDPfNCllEDl'Il'E O/\,lt.FL.EL. -CA1lAOEFLOOltELEV.DDRESS:101SWESTBAV DRIVE
I'~OJ>OSED (:11'\'.01" LARGO. FLORIDA
. . (jjMMENCEATTHE . F THE EAST ONE ItALF (112) OF THE
NORTHWEST 1I4.0YTHE NORTHWEST 1/40FTHUOVTHEAST 114 OF SECTION 33. TOWNSHIP1l! SOlJTJI, RANGE IS EAST,
PINELLAS COUNTY, FLORIDA. MIDPOINT BEING rH2FOlN'l' OF BEGINNING MARKING THE CENTERLINE OF A
PROPOSED HEET GAS LINE EASEMENT. T~E $.tiP' 19' 4O"t.. A DISTANCE OF :L5 FEET; THENCE S. O(lf 40'l2" W.,
A DISTANCE OF 60.0 FEET; TIWl(;E$. 89' 17' O!" Bot A DISTMrlCEOF 140.0 FEET; . THENCE N. OIl' 4"20" W., A DISTANCE
OF 60,20 FEEt; 1lfENCE s. 89' 31' .," I..ADJSTANqEOF 4Ut FEET TO THE &ND OF SAID C&NTERLINE
DESCRIPTION TOGETHERWmU'HE ABANDOl'WENTOFTHE.SOl1THSFEtT OF THE NORTH 489 FEET OF
THSEASTllrnf'J'i{g filQJtTHWESl' 114 OF THE NORTHEAST 1/4 OF THE SO\l1llEAST 114 OF SECTION 33.
TOWNSHlP 19 SOUTH, R,{NGt 15 EAST, PI~tLLA.S COUNTY, FLORIDA, LISS THE EAST 149.0 FEtT THERE~
fr..
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t~ )YJ:~T fMJJi~~.CiN1'JL~:a~ :f:r~ .Jj:-iOWNSUIY30soViu:
f RANGE IS EAST. PINELI....S COUNTY. FLORIDA
~~J2"I!.:..4?.. l':'_.<.~___I_ 344.15' I
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THE EAST 1/2 OFTHE NW i14
OFTHENW 114 OFnIE SI: 1/4~
OF SEC. 33, TWN. 2; S.,
RGE, IS E.
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,. NORTH 454.S FEET OF THE
EAST li2 OF THE NW 114 OF ,
I THE N\V If4 OF THESE 114 OF ~~~E$' ,:
! SEC. 33, TWN.19 8., RGE. 15 E. ~
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II [TYPE--"FSVRVEY' SlfBB:H USE '...._.1. JOB' NW
I. PREPARED FOR: WILLIAM J. GESSERT !
I 'NOUNDEf{OROUNDlNSTALLATIONS OR IMPROVEMENTS HAVE SEEN LOCA'TlID iXCEPTAS.'NOTE~
" NO INSTRtJt.reNT.S OF RECORDREFL.ECTIN. G EASEI\-mNTS, lUGHT OF WAY, AND/OR OWNERSHIP
. \~~~~~~~~,;:!I~ ~~EPT, ~_ NOTE~~~ND/~R sao~___
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t III ~ PORTION OF Q,
q , .EASEMENT TO 513
Z )10 13 BE ABANDONED ~ S. 8?' 31' 4'" E.
..;. : '='- : =1: :::; '; :::. :~_
~. 189' !9'4q" E. I~ ~.89"31'49" E.
::: Cl I :z.so ) g 41.58'
~$I r:;2
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r;J s. 8?* ~7' 03" Eo loCo.o! Z
\ 1.1tSS THE EAST
r-- 149 FUTTUEREOI'
~
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DUSTING 5' GAS LINE
lASVtt&NT PI:R .O.R.
BOOK 4257, PAGtUS
I~
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I
LETTER OF UNDERSTANDING
THIS LEITER OF UNDERSTANDING is made and entered into the
day of November, 2004, by and between the City of Clearwater, Florida, a
municipal corporation of the State of Florida. whose maiUngaddress is P,O. Box
4748, Clearwater, Florida 33758-4748 ("City")and PineUas County, a county
corporation of the State of Florida, whose rngiling address 1$440 Court Street,
Clearwater, FL33756 ("County"),. (individuallY referred to as ~Party" or
collectively as t.he "Parties").
WITNESS.ETH:
WHEREAS, City is the ownEJr of two pedestrian bridges which are surplus
.to its needs; and,
WHEREAS, County has a need and desire to use said bridges for certain
projects in Clearwater, and,
WHEREAS, City is willing to donate these bridges to the County subject to
the terms and conditions herein:
NOW THEREFORE, in consideration of the prernisEJs, mutual Promises
and obligations contained herein., and other good and valuable COnsideration the
receipt and sufficiency of which is hereby acknowledged, the parties to be legafly
bound,..hereto agree as follows:
1. City hereby donates two pedestrian bridges (as mo.re particularly .
described herein), currently located at Glen Oaks Park, 1345 Court
Street, Clearwater, Florida, to the County for use on projects to benefit
the residents of Clearwater.
2. The bridges to be donated consist of the fonowing;
a. Steadfast Bridge #96648-A, Constructed Novemb~r 1996, Corten
steel. 4 ton capacity, 1.20' x 8' wide, wooden deck.
b. Steadfast Bridge #96648-18, Constructed November 1996, Corten
steel, 4 ton capacity, 110' x a'wide, wooden .deck.
3. The County hereby agrees.. as a condition of accepting the bridges as a
donation. the County shall relocate and install one of the pedestrian
bridges for pedestrian use on the north side of Sunset Point Road, west
of Betty Lane, by September 30,2005. The County may install the
second bridge at a location of its choice within Pinellas County.
rnR-
City Council
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Tracking Number: 965
Actual Date: 12/16/2004
Subject / Recommendation:
Approve an agreement with the National Ocean Service (NOS) - National Oceanic and
Atmospheric Administration for a water level and weather observation station on Big Pier 60 and
authorize the appropriate officials to execute same.
Summary:
The City of Clearwater and NOS have had an agreement to operate and maintain a permanent
tide/weather station on Big Pier 60 without financial compensation since 1995,
The agreement was for a period of ten years, which expires in May 2005,
The City has benefited from this arrangement because of the weather display. This display is
currently not working and the City has contacted them to repair or replace it, at their expense,
as stipulated in the agreement.
Having a resource to reference the wind, wave, air and water temperature, as well as tidal
information is something we wish to continue having access to and therefore wish to renew the
agreement,
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Bill Morris 11-01-2004 12:00:06
Garrv Brumback 12-01-2004 13:55:53
Brvan Ruff 11-03-2004 09:56:05
Bill Horne 12-02-2004 16:06:53
Cyndie Goudeau 12-03-2004 13:52:29
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LICENSE AGREEMENT
BETWEEN THE
NATIONAL OCEAN SERVICE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND
CITY OF CLEARWATER
This License Agreement is entered into by the National Ocean Service (NOS), National
Oceanic and Atmospheric Administration (LICENSEE) and City of Clearwater, Florida
(LICENSOR). The purpose of this Agreement is to allow LICENSEE to have the right of access
to and occupancy and use of certain real property owned by the LICENSOR, for the purpose of
operating and maintaining a water level and weather observation station. The property affected is
a small space on the south side of Big Pier 60, located in Clearwater, Florida (referred to below
as "the premises").
By their signatures below, the authorized representatives of LICENSEE and the
LICENSOR agree to the following terms and conditions:
1. Employees or agents of LICENSEE shall have the right of access to, and occupancy
and use of the premises, with the understanding that access to the premises will be required
periodically during the year by maintenance personnel, and occasionally by a survey team
(especially after storm events).
2. By virtue ofthe right of access to and occupancy and use of the premises, LICENSEE
shall be entitled to install, operate, and maintain the water level and weather station
instrumentation (in a mutually agreeable location), a ten meter meteorological sensor tower, and
utility and telecommunication lines from the premises.
3. This Agreement shall not be construed to require the LICENSOR to furnish to
LICENSEE any more than access to and occupancy and use ofthe premises.
4. NOS shall be entitled to install, operate, and maintain new or additional
instrumentation.
5. NOS shall install and maintain an electronic display, in a location determined by the
LICENSOR, to make the water and weather data available to the public.
6. On termination of this Agreement, LICENSEE shall remove any instruments or
hardware it has placed on the premises, and restore the premises to the condition in which they
existed before LICENSEE first occupied them, reasonable wear and tear and "acts of God"
excepted; provided further that the LICENSOR may require after termination ofthis Agreement
that LICENSEE remove any or all of the improvements LICENSEE has constructed on the
premises. Any costs for removal and restoration pursuant to this paragraph shall be borne by
LICENSEE.
7. LICENSEE agrees to be responsible for the negligent acts of its employees,
representatives, or contractors, as required by applicable federal law, in the conduct of its
occupancy of LICENSOR's premises and operation of a tide station thereon consistent with its
control of such premises. To this end, LICENSEE agrees to promptly consider and adjudicate
any and all claims which may arise out of use of LICENSOR's premises by LICENSEE or duly
authorized representatives or contractors of LICENSEE and to pay for any damage or injury as
required by federal law. Such adjudication will be made pursuant to the Federal Tort Claims
Act, 28 USC 2671 et seq, or such other legal authority as may be pertinent. LICENSEE also
agrees to consider under the Federal Employees Compensation Act, 5 USC 8101 et seq., or other
such legal authority as may be pertinent, any claims for damage or injury sustained by
LICENSEE personnel in the performance of their official duties.
8. LICENSEE agrees not to sell, convey, transfer mortgage, pledge, assign, or otherwise
encumber this Agreement, in whole or in part, nor any of LICENSEE's rights, interests, or
privileges, hereunder.
9. Use ofthe premises by LICENSEE shall not be in support of any policy which
discriminates against any person on the basis of race, sex, religion, or national origin.
10. This Agreement shall take effect upon signature by both parties, and shall remain in
effect for a period often years from the date of the last signature, with options to extend the
Agreement for subsequent ten year periods, provided that the parties may terminate the
Agreement either by mutual written agreement or upon ninety days' written notice by either party
to the other.
FOR THE NATIONAL OCEAN SERVICE
Michael Szabados
National Ocean Service
Director, Center for Operational
Oceanographic Products & Services
Date
Countersigned:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
By:
Attest:
CITY OF CLEARWATER, FLORIDA
William 'B. Home, II
City Manager
Cynthia E. Goudeau
City Clerk
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City Council
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Tracking Number: 1,002
Actual Date: 12/16/2004
Subject / Recommendation:
Approve acceptance of a Federal Aviation Administration (FAA) grant to repair/replace the
damaged Fixed Base Operator's roof at the Clearwater Airpark.
Summary:
The Fixed Base Operator's building was damaged during Hurricane Jeanne. The FAA has agreed
to pay one hundred percent, with no match, up to $20,000.00 to repair/replace the building.
The FAA has agreed to extend the December 15th deadline to allow us time to bring it before
City Council.
The agreement is available for review in Official Records and Legislative Services,
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Financial Information:
Review Approval
Bill Morris
11-18-2004
13: 16:06
Garrv Brumback
12-02-2004
15:36:01
Brvan Ruff
11-19-2004
14:07:41
Bill Horne
12-02-2004
16:00:28
Cvndie Goudeau
12-03-2004
13:57:08
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U.S. Department
of Transportation
. Federal Aviation
. Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer: November10, 2004
Clearwater Airpark
Project No. 12-0011-E1-2005
TO: . City of Clearwater
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation
Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated October 25, 2004, fer
a grant of Federal funds for a project at or associated with the Clearwater Airpark, which Project .
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project forthe Airport (herein called the "Project") consisting of
the following: .
I FBO Roof RepairlReplacement."
alias more particularty described in,the Project Application.
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Public Law,
107-117" herein called "the Act", and in consideration of (a) the Sponsor's acceptance ofthis Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein
provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED
STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable
costs incurred in accomplishing the Project, 100 per centum'thereof.
This Offer is made on and subject to the following terms and conditions:
Cond Itlons
1. The maximum obligation of the United States payable under this Offer shall be $20,000.
2. . The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe, For the purposes of this grant, allowable costs will be reduced by any amount for which
the Sponsor receives funds from another entity for the facility, including but not limited to, another
. Federal agency, insurance company, or state and local entities. Final determination of the United
States' share will be based upon the final audit of the total amount of allowable project costs and
\,
. settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. In the event the Sponsor receives funds from another Federal agency, insurance company or
other entity for this project, it shall promptly notify the FAA.
5. The Sponsor shall carry out and complete the Project without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
, prescribe, and agrees to comply with the assurances which were made part of the project
application.
6. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the Sponsor. '
7. This offer shall expire and the United States shall not be obligated to pay any part of the
costs of the project unless this. offer has been accepted by the Sponsor on or before December 15.
2004, or such subsequent date as may be prescribed in writing by the FAA.
,8. The Sponsor shall take all steps. including litigation if necessary, to recover Federal funds
spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other,
manner in any project 'upon which Federal funds have been expended. For the purposes of thi.s
grant agreement, the term "Federal funds. means funds however used or dispersed by the Sponsor
that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any determination of the amount of the Federal share of such funds.
It shall return the recovered Federal shale, mcluding funds recovered by settlement, order, or
judgment, to the Secretary, It shall furnish to the Secretary, upon request, all documents and
records pertaining to the determination of the amount of the Federal share or to any settlement,
litigation, negotiation, or other efforts ~ken to recover such funds. All settlements or other final
positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall. be
approved in advance by the Secretary.
9 The United States shall not be responsible or liable for damage to property or injury to
persons which may arise from, or be.incidel1t to, compliance with this grant agreement.
10. It is hereby understood and agreed that:
a. The Sponsor will comply with all applicable Federal laws, regulations, executive orders, .
. policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal
funds for this project including but not limited 10 the following:
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Act of 1964 - Title VI- 42 U.S.C. 2000d through d-4.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq,
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Order 11246 ;. Equal Employment Opportunity1
Executive Order 11990 - Protection of WeUands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction1 '.
Executive Order 12898 - Environmental Justice
29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States. .
49 CFR Part 18 - Uniform adminislrative requirements for grants and
cooperative agreements to state and local governments.
49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964,
49 CFR Part 24 - Uniform relocation assistance and real property
" 1..
acquisition for Federal and federally assisted programs.
49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
49 CFR Part 29 - Government wide debarment and suspension (non procurement)
and government wide requirements for drug-free workplace(grants).
49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new
building construction,
OMS Circular A-87 - Cost Principles Applicable to Grants and Contracts with State
And Local Governments.
OMS Circular A-133 - Audits of States, Local Governments, and Non-Profit
Organizations
b. The Sponsor assures that It has legal authority to apply for the grant, and to finance and
carry out the proposed project; that a resolution, motion or similar action has been duly adopted or
passed as an official act of the applicant's governing body authorizing the filing of the application.
including all understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in ccmnectlon with the application and to
provide such additional information as may be required,
, .
c, The Sponsor agrees itwill not take or permit any action which would operate to deprive it
of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances
in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, '
extinguish or modify any outstanding rights or claims of right of others which would interfere with 'such
performance by the sponsor, This shall be done in a manner acceptable to the Secretary,
d. The Sponsor agrees it shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in
connection with which the grant is given or used, and the amount or nature of that portion of the cost of
the project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
. e. The Sponsor agrees it shall make available to the Secretary and the Comptroller General
of the United States. or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the reCipient that are pertinent to the grant.
The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a
grant or relating to the project in connection with which the grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not later than six (6) months
following the close of the fiscal year for which the audit was made.
f. The Sponsor agrees it will comply with such rules as are promulgated to assure that no
person shall; on the grounds of race, creed, color, national origin. sex, age. or handicap be excluded from
participating in any activity conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal financial assistance is extended to
the program, except where Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements thereon in which case the
. assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period
during which the property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property ,
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer,
. ,
UNITED STATES OF AMERiCA
FE DE LA V. TION A INISTRA TION
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the. foregoing Offer and does hereby accept this Offer and by such acceptance agrees to
comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this day of , 2
(Name of Sponsor)
(SEAL)
By
(Sponsor's Designated Official Representative)
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ' acting as Attorney for the Sponsor do hereby
certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of _ Further, I have examined the foregoing Grant AgreemEmt and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State
and the Act. In addition, for grants involving projects to be carried out on property not owned by the
Sponsor, there are no legal impediments that will prevent full performance. by the Sponsor. Further,
it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the
Sponsor in accordance with the terms thereof.
Dated at this _ day of _.2_.
By
Signature of Sponsor's Attorney
Title
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City Council
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Trackinq Number: 1,011
Actual Date: 12/16/2004
Subject / Recommendation:
Authorize creation of a Capital Improvement Project for repairs and modifications to the South
Beach Pavilion and approve transferring $90,000.00 from General Services Retained Earnings to
fund the project.
Summary:
Repairs and modifications are required to address safety and ADA accessibility issues concerning
the wood deck, public access ramp and public restrooms,
Deck Issues:
Replacement of the deck boards and various support members is necessary to eliminate tripping
hazards and to maintain the stability of the structure,
The existing handrails for the stairs are not ADA compliant and need to be replaced.
Access Ramp Issues:
The ramp is not ADA compliant and needs to be modified to provide the appropriate slope and
contain an intermediate landing.
The handrails are not ADA compliant and need to be replaced,
Restroom Issues:
The ADA accessible stalls in both restrooms are non compliant and need to be enlarged to allow
appropriate clearances and to contain a lavatory within the stall,
Various fixtures and accessories are not compliant and need to be replaced or repositioned.
The dressing rooms in the woman's restroom are not compliant and need to be enlarged,
Originating: Solid Waste/General Services
Section Consent Agenda
Category: Construction Contracts - All Departments other than Public Works Originating
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
1YQ..e..;. Capital Expenditure
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
No
City Council
<<<~""<,~<<<,~g~nd~<<~Qyer ~~~,~<Q"!:~~<~"!:!~<<<
Budget Adjustment:
Yes
Budget Adjustment Comments:
Adjust current budget for modifications to South Pavilion Project to be funded from Retained
Earnings.
Current Year Cost:
$90,000.00
Annual Operating Cost:
$0,00
Total Cost:
$90,000.00
Not to Exceed:
$90,000.00
Appropriation Code(s)
315-94832
Amount
$90,000.00
Comments
Establish CIP for repairs to South Beach
Pavilion
Review Approval
Bob Brumback
Georqe McKibben
11-23-2004 10:14:18
11-29-2004 10:58:20
12-01-2004 14:00:55
11-23-2004 10:28: 15
11-29-2004 12:27:38
12-02-2004 16:09:32
11-29-2004 08: 10:25
12-03-2004 13:50:04
Tina Wilson
Garry Brumback
Michael Ouillen
Brvan Ruff
Bill Horne
Cyndie Goudeau
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City Council
<<<<<@<< Ag,~~,~,!, cO~~.!:....,.~.~.~or.~<.~.~,!!<<,~<<.@www.@...<.,
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Tracking Number: 963
Actual Date: 12/16/2004
Subject / Recommendation:
Accept a 50,59 square foot Drainage and Utility Easement conveyed by Curtis B, Small
("Grantor") over and across a portion of Lot 2, KELLETT'S SUBDIVISION, in receipt of $1.00 and
other valuable consideration as defined therein,
Summary:
Rain events have historically created standing water and flooding conditions at the intersection
of Drew Street and Lady Mary Drive as a result of inadequate pipe flow capacity.
Engineering staff has determined that stormwater collection at the intersection can be alleviated
by intercepting runoff at the uphill intersection of Drew Street and Betty Lane, then channeling
the flow to Stevenson Creek through a larger capacity storm drain.
Two new storm inlets will be constructed at the Drew Street and Betty Lane intersection. A 4' X
4' inlet will be installed on Drew, and a 4' X 6' inlet will be constructed on Betty Lane. An
18-inch ductile iron pipe will connect the two inlets across a corner of Grantor's property, then
channel the stormwater through a 24-inch corrugated PVC pipe directly to Stevenson Creek.
The City will have the contractor reinstall a lawn water meter for the Grantor during project
construction, The anticipated meter installation expense of approximately $800 represents
additional consideration for the easement grant and will be included in the work contract as a
project cost. The expense is considerably less than the cost to redesign and construct an
alternative alignment,
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services,
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen
11-19-2004
13: 16:59
Garrv Brumback
12-02-2004
15:31:34
Laura Lioowski
11-23-2004
13:29:43
Bill Horne
12-02-2004
16:04:08
Cvndie Goudeau
City Council
"<<_~,,~~g<<~nc!CI"~,Q~e~,,~~~<Q~~_~~"~"~>>"","<<~~,,,,<>>..<<<<
12-03-2004 13:54:53
City Council
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Tracking Number: 1,017
Actual Date: 12/16/2004
Subject / Recommendation:
Approve the McKim & Creed Work Order for Construction Engineering Inspection (CEI) Services
for the Northeast Filter and Marshall Street Blower Motor Control Centers (MCC) Rehabilitation
Project (03-0066-UT) in the amount of $167,400.00, and that the appropriate officials be
authorized to execute same,
Summary:
The City of Clearwater has identified improvements and rehabilitation requirements for
treatment components at both the Northeast and Marshall Street Advanced Pollution Control
Facilities. At the Northeast facility, the existing effluent filter is in need of significant
rehabilitation with the electrical and control systems as well as other metallic components such
as weirs and distribution channels that have corroded due to long-term exposure to chlorine gas
and high moisture atmosphere. The City also identified the need to replace the Primary Sludge
Pump Station Motor Control Center (MCC) at the Northeast facility,
At the Marshall Street APC Facility, the City identified the need to replace the existing MCC,
starter gear and controls for the Blowers at the Main Blower Building. The MCC will require
replacement and relocation to a new building to raise the unit above the flood level.
Council has previously approved a contract to TLC Diversified, Inc., of Palmetto, FL to perform
the construction portion of the project. Construction will commence upon award and execution
of the contract and will be completed within 240 days, Construction is expected to have a start
date in January of 2005 and be complete by October of 2005. The CEI services authorized by
this item will coincide with the construction schedule,
First quarter amendments will transfer budget and revenue of $9,552.45 from 0315-96671 (NE
Rotary Screen Sludge Thickener) to 0315-96613 (NE Filter & MS Blower MCC Rehab) and
$157,847.55 from 0315-96654 (AWT Facilities) to 0315-96613 (NE Filter & MS Blower MCC
Rehab) to fund this work order,
McKim & Creed is an Engineer Of Record for the City of Clearwater and was also the design
engineer for this project,
A Copy of the Work Order is available for review in the Official Records and Legislative Services
office,
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 2
Public Hearing: No
Financial Information:
Type: Capital Expenditure
'EN{:}l -kJ
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City Council
.~ge~.~<~...~ov~.~,..M.~.~~ran~~,~@."~*.<
Bid Required? No
Bid Exceptions:
Sole Source
Budget Adjustment:
Yes
Budget Adjustment Comments:
See summary section
Total Cost:
$167,400.00
Appropriation Code(s)
0315-96613-561300-535-000
Amount
$167,400,00
Comments
See summary section
Review Approval
Glen Bahnick
Garry Brumback
11-23-2004 09:46:23
11-24-2004 09:46: 11
12-02-2004 16:07:43
11-23-2004 10: 16:25
12-03-2004 13:51:39
11-23-2004 13:04:22
12-01-2004 13:57: 19
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Tina Wilson
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
McKIM & CREED WORK INITIATION FORM
DATE: November 4, 2004
City Project No: 03-0066-UT
M/C Project No:
1. PROJECT TITLE: Northeast Filter and Marshall Street Blower MCC Construction Services
2. SCOPE OF WORK:
SUMMARY
The City of Clearwater has identified improvements and rehabilitation requirements for
treatment components at both the Northeast and Marshall Street APC Facilities, In a prior
work order,' McKim & Creed prepared the design documents required to complete these
improvement and rehabilitation efforts. At the Northeast facility, design of the rehabilitation to
the existing effluent filter cell components and the replacement of the Primary Sludge Pump
Station MCC has been completed. At the Marshall Street APC Facility, the design to replace
the existing MCC, starter gear and controls for the blowers at the Main Blower Building has
been completed.
This Work Order will provide for construction engineering services for the project and will
provide on-site observation of the contractor's work. This Work Order will also include the
required PLC and HMI programming services for the new instrumentation and control
equipment for the two wastewater facilities,
SCOPE OF WORK
Task 1
Construction Services
1. Coordinate and conduct the pre-construction conference with the selected Contractor and
City staff to review project requirements, coordination, and scheduling issues.
2. Provide technical review of shop drawings and other Contractor submittals for compliance
with the Contract Documents. McKim & Creed's Project Administrator will coordinate
review process,
3. Coordinate and attend monthly progress meetings with the Contractor and the City to
review project status and facilitate coordination of activities. Maintain minutes of meetings
and distribute to the attendees.
4, Provide part time on-site construction review for a period equivalent to 3 days per week at
8 hours per day over the contract period to observe the construction work relating to the
design requirements. Assist in coordination of and communication of construction
activities involving appropriate persons, Maintain reports of daily activities for the project
record and provide copies to the City,
5, Review Contractors requests for payment, compare request with work completed, verify
accuracy and recommend appropriate action by the City.
PW04617
CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower Rehabilitation Construction Services
November 4, 2004
Page 2
6. Make periodic site visits by the design engineers and project manager to observe the work
in progress and the quality of the various systems and facilities with the respect to their
intended function and Contract requirements.
7. Provide general contract administration including interpretations of the Contract
Documents, review of progress schedules, general correspondence with the Contractors
and suppliers, review of changed conditions, and changes in the work required, and
preparation of monthly status updates for the City.
8, Prepare intermediate and final punch lists for the Contractor to complete and/or correct
items that are required by the Contract Documents. Follow-up to ascertain that the
Contractor has satisfactorily completed items and perform the final inspection of
completed work.
9. Prepare Record Drawings of improvements based on Contractor supplied marked-up
drawings showing any deviation from the construction drawings, Provide electronic and
printed copies of said Record Drawings to the City,
10. Provide assistance in the startup of the new filter cells and MCC installations,
11. Assist in collecting and submitting contract closeout documents including record drawings,
release of liens, warranties, manuals, final change order, and other required documents.
12, Provide material testing of soil compaction for the construction of the project.
Task 2
PLC/SCADA Programming Services
1 , Provide programming of the PLC's being added or modified as part of the project.
2. Modify existing Citect HMI SCADA software to incorporate changes to the systems at both
plants.
3. Interface new data and changes into Plant2Business / SOL for reporting, and coordination
of the SCADA system.
3. PROJECT GOALS - WORK PRODUCTS
. Weekly Reports of Activities
. Record Drawings
. Final Inspection and Certification of Completion
PW04617
CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower Rehabilitation Construction Services
November 4, 2004
Page 3
4. BUDGET
The Construction Phase services will be billed on the "Actual Cost Method" in accordance with
the Engineer of Record Contract. The fees for the various tasks are outlined below,
TOTAL
$126,900,00
$ 40.500.00
$167,400.00
Task 1 - Construction Services
Task 2 - PLC/SCADA Programming
5. SCHEDULE
McKim & Creed will provide the services outlined herein in accordance with the Contractors
schedule for construction which will include a 210 day substantial completion milestone and
240 days to achieve final completion,
6. STAFF ASSIGNMENTS:
City:
McKim & Creed:
Rob Fahey, Todd Petrie, John Milligan
Brent Heath, Don Kaser, Eric Brown
7. CORRESPONDENCE/REPORTING PROCEDURES:
All McKim & Creed Correspondence shall be directed to Brent Heath, All City
correspondence shall be directed to Rob Fahey.
8. INVOICING/FUNDING PROCEDURES:
Please invoice monthly for work performed as detailed in McKim & Creed Continuing
Contract. Please invoice per task and City code number as specified below.
Invoices will be transmitted to the City of Clearwater, Attn: Marty Pages, Administrative Analyst,
100 S. Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL,
33758-4748.
Charge this work to City Code No: 0315-96613-561300-535-000-0000
PW04617
CITY OF CLEAR WATER - Northeast Filter and Marshall Street Blower Rehabilitation Construction Services
November 4, 2004
Page 4
9. ENGINEER CERTIFICATION
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statute 471, that the above project's site and/or construction plans meet or exceed all
applicable design criteria specified by City municipal ordinance, State, and Federal established
standards. I understand that it is my responsibility as the project's Professional Engineer to
perform a quality assurance review of these submitted plans to ensure that such plans are free
from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate
of Occupancy does not relieve me of my own quality assurance review. I hereby certify that all
facilities have been built substantially in accordance with the approved permit design plans and
that any substantial deviations (described in attachment) will not prevent the system from
functioning in compliance with the requirements of applicable regulatory authority,
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents which I may subsequently tender.
10. SPECIAL CONSIDERATIONS: None
PREPARED BY:
Michael D. Quillen, P.E.
City Engineer
McKim & Creed:
A. Street Lee, P.E.
Vice President
CITY:
PW04617
I
CITY OF CLEARWATER - Northeast Filter and Marshall Street Blower Rehabilitation Construction Services
November 4, 2004
Page 5
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
McKIM & CREED WORK INITIATION FORM
Attachment" A"
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards,
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988
(vertical) and North American Datum of 1993/90 (horizontal), The unit of measurement shall be the United States
Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater
Engineering/Geographic Technology Division.
DELIVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36" at a scale of I" = 20'
unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all
project data in Land Desktop (Land Desktop 2000 or later format, including all associated dependent files. When is
not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered
with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing
code, point number, northing, easting, elevation and description for each data point. Example below space
delimited ASCII file:
POINT # NORTHING
284 1361003.838
EASTING
264286.635
ELEV
25.00
DESC
BCV
or comma delimited ASCII file:
284,361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater
or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in
manipulating the drawings including either PCP, CTB file or pen schedule for plotting, The drawing file shall
include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc.
release. All block references and references contained within the drawing file shall be included. Please address
any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address
mailto:tom.mahonv@mvclearwater.com
~ All electronic files must be delivered upon completion of project or with 100% plan submittal to City of
Clearwater.
PW04617
City Council
a<...,~g.~~,~~.~~~~"!:...~~~.Qra.n.~.!:!.~
Tracking Number: 1,018
Actual Date: 12/16/2004
Subject / Recommendation:
Award a contract to American Water Services Underground Infrastructures, Inc" (formally
known as Azurix North American Underground Infrastructure, Inc,) in the amount of
$250,000,00 for sanitary sewer line rehabilitation at various locations throughout the City of
Clearwater, using the City of Largo Agreement for Sanitary Sewer and Stormwater Inversion
Lining contract (No.: 02-B-871) awarded September 3, 2002,
Summary:
- For the 2005 Sanitary Sewer Rehabilitation Project (04-0067-UT), the City has determined
that $250,000 will be necessary to rehabilitate existing sanitary sewer lines over the
next year. Our goal is to maintain the sanitary sewer system as practical and necessary
and minimize disruption in service to our citizens,
- The City of Largo awarded a contract to American Water Services Underground
Infrastructures, Inc" on September 3, 2002, through a competitive bid process, and with
a time frame ending September 30, 2004. The contract has two, one year extensions.
- American Water Services has agreed to perform these services based on the established
unit prices quoted in the City of Largo's contract,
- Sufficient budget and funding is available in the Sanitary Sewer R & R Capital
Improvement Program project, 343-96665, for the requested amount of $250,000,00.
Oriqinating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
City of Largo Contract No.: 02-B-871
Budget Adjustment:
No
Current Year Cost:
$250,000.00
ENb- 7
\ \ ~ \:2
Total Cost:
$250,000.00
City Council
~,,"~~g,!nd,~....,~"o~~@r_~~.~~.!'_~.~.~#!:!.~.
Appropriation Code(s) Amount
0343966655638005350000000 $250,000.00
Review Approval
Glen Bahnick
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Tina Wilson
Garry Brumback
Comments
11-23-2004 09:22:44
11-24-2004 09:23:22
12-06-2004 19:59:23
12-06-2004 15:34: 14
12-07-2004 08: 13:58
11-23-2004 12:54:56
12-06-2004 16:03:02
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Interoffice Memorandum
To: Mona Kaushal
From: Rob Kalch
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Date: December 1, 2004
The enclosed documents are in reference to Agenda Item No.1 018.
Enclosed you will find a copy of the initial bid by Azurix North America Underground
Infrastructure, Inc. for the City of Largo; the initial purchase order from the City of Largo
with a cover letter; an acceptance letter from American Water Services dated September
8, 2004; and a letter from American Water Services dated September 1, 2004 stating that
American Water Services, Inc. will honor the prices specified by contract 02-B-871 with
the City of Largo.
If there are any questions please contact me at 562-4749.
rk
~~ American Water ServicesTM
September 1, 2004
City of Clearwater
Mr. Scott Oster
1650 N. Arcturas Avenue
Clearwater, Florida 33785
RE: Sanitary Sewer Lining Piggy-back
Dear Mr. Oster
American water Services currently has a Piggy-back contract with the City of Clearwater
and will honor the prices in that contract. We are giving you additional contract
documents for your files. You will find enclosed a copy of the contract we have with the
City of Largo Bid # 02-B-871 Sanitary Sewer and Stormwater Inversion Lining that was
utilized by The City of Clearwater in the year 2003 and 2004. We will be renewing this
contract with the City of Largo for the fiscal year 2004, 2005.
American Water Services Underground Infrastructure, Inc. offers bid # 02-B-871
Sanitary Sewer and Stormwater Inversion Lining contract and its schedule of bid prices
to be utilized for the City of Clearwater's 2004, 2005 fiscal year.
In addition you will fmd the proposals you requested for the 8-inch lines on Lantana and
Mandalay, the IO-inch line on Mandalay and the IS-inch line on Keene Road.
The IS-inch line was setup with a thickness of7.Smm to accommodate the traffic load
requirements. I also looked into the possibility of sectional lining the IS-inch line and
fond the cost difference would come to only $4,000.00, if this is something you would
like to pursue further please let me know and I will help you in anyway I can. We do not
perform this method at this time.
Please feel free to contact me with any questions or concerns
Sincerely,
~~~
'1 Alan Smith
District Manager
f rnJ:1LI~'~1 n ~7 ~ f:l
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NOV 2 2 2004
American Water Services Underground Infrastructure. Inc.
14413 62nd Street North, Clearwater, FL 33760
727-530-7577 . Fax: 727-530-7790 . FL# CUC023665
4072609318 ~MERtCAN WATER 5ERV
813 pel
SEP ~~ .~~ l~:~l
~~ Americflfi. Water Services~
September 8, 2004
City of Largo
225 First Avenue S.W
largo, FI 33779-0296
Attn: Mr. Jim Wheaton
Re: Contract Renewal
Sanitary Sewer esnd Stormwater Inversion Lining
Bid to2-a.871
Dear Mr. Wheaton:
American Water Services is pleased to accept the twelve (12) month extension to the
contract for the above referenced project. We understand that the extension will be
subject to the same tarm6 and conditions as the original contract.
Please feel free to contact me if yoU have any questions.
cc: Mlel\HI A. Sweet. PJ:., D.E.E., Director of Utililill Engineering
Barbara KuhI, C.P.M., Director of Utilltiea ContnlCtl Management.od BusiineII Support
Joseph lauro, C.P, P .O,IC,P.P .B., Oirtetor of Plnelhls County Purcl'tMlng
St~~ C.rrol, Utilitin Finance Director lIf1d CI'Ii8f Administration OffIce
Willilm RIel. UtilItieS ProjtICt COOfdinator
MichHl CaMon. ViC8 President. American Wllter S8N~6
J, Alan Smith. OllMet Maneger. Am.ncan Water Sefvice.
,
Americ:4ln WIIter S.rvlCes Underground InfraSlruc::ture. anc..
14413 &21ll1 street Nonh. Cloarwater. fL 331tO
727-630-7577 · Fax: 721-5>>7790 · F.... CUC023866
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Cityof Largo, Florida
Post Office Box 296, Largo, Florida 33779-0296
Office of Management and Budget
(727) 587-6727
FAX (727) 586-7420
September 4, 2002
Azurix North America Underground Infrastructure, Inc.
Mr. Michael Cannon
109 Applewood Drive
Longwood, FL 32750
RE: BID # 02-B-871 SANITARY SEWE;R AND STORMWATER INVERSION LINING
Dear Mr. Cannon:
The City of Largo is pleased to announce the award of the above referenced BID to Azurix North America,
Insituform Technologies and Lanzo Lining Company. A Purchase Order for your portion of the project is
enclosed.
The City of Largo wishes to extend its appreciation to you for taking an interest in the City and in the
bidding process.
If you have any questions concerning ~is BID, please contact the Office of Management and Budget at
(727) 587.6727.
Please reference the "BID NAME" and "NUMBER" above on any and all correspondence to the City.
Sincerely,
THE CITY OF LARGO
Cf~ WJr.J.ai:Yn
Joan Whea10n
Office of Management and Budget
Jw/dw
Enclosure
~~ American Water Services""
November 24, 2004
City of Clearwater
100 S. Myrtle
Clearwater, FI 33756
Attn: Mr. Robert Kalch
Re: Sanitary Sewer and Stormwater Inversion Lining Bid #02-B-871
Piggy-Back Contract
Dear Mr. Kalch:
American Water Services is pleased to offer that above referenced contract for use as a
piggy-back contract for The City of Clearwater Florida.
Please feel free to contact J. Alan Smith (District Manager) if you have any questions or
concerns,
Sincerely,
American Water Services
Underground Infrastructure, Inc.
C~~~\ ..<flJ~/(
J;;~. Work
E~utive Secretary
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American Water Services Underground Infrastructure, Inc,
14413 62nd Street North, Clearwater, FL 33760
727-530-7577 . Fax: 727-530-7790. FL# CUC023665
CITY OF LARGO, FLORIDA
BLANKET PURCHASE ORDER
B 1690
ISSUED BY
The City of Largo
Office of Management and Budget
(727) 587-6727
DELIVERY ADDRESS
BILLING ADDRESS
City of Largo
Finance Division
Accounts Payable
PO Box 296
Largo, FL 33779-0296
IMPORTANT
The BPO Number listed
above must appear on all
Invoices; pkgs., packing
slips, bills of lading and
any correspondence.
Buyer: Joan Wheaton
Effective Date
expiration Date
Commission App.
Dept. Ordering
10/01/02
09/30/03
09/03/02
PW/Enoineerin9
Vendor Number 15582
Ven~or Contact
Vendor Phone 407-260-9778
Quote Method Bid#02-8-871
, VENDOR NOTICE
This Blanket Purchase Order should
not be filled upon receipt. This oreler
serves to establish !!m!!! requirements.
All purchases against this order must
be In accordance with Its terms and
conditions. Any individual ordering
---, must present a valid City i.D. card and
I must sign the derlVery copy indicating
receipt. All purchases must be
documented in writing, unless other-
wise indicated or agreed upon. Please
contact the buyer listed above If you
have any questions.
State Sales Tax Exemption
~ Certificate No.: 62-oS.134901.54C
vr-
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Azurix
109 Applewood Drive
Longwood, FL 32650-9668
-,R L
I QUANTITY I UNIT
DESCRIPTION
UNIT COST
TOTAL
Sanitary Sewer and Stormwater inversion Lining
In accordance with terms and conditions contained in
Bid #02-B-871
TOTAL (Net)
$
VENDOAINSTRUCTlONS
1. Purchases may not exceed the total amount of this order without prior approval by the
Office of Management and Budget.
2. The City of Largo wID not be responsible for gooc:ls delivered without the BPO number.
3. Invoicing: Send original and one copy to the Billing Address listed above.
4. In unable to fill at price shown, PLEASE ADVISE BEFORE SHIPPING.
5. Partial shipments are accepted.
CITY OF LARGO
.
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City of Largo, Florida
Post Offic~ Box 296, Largo, Florida 33779--0296
MEMO DATE:
AGENDA DATE:
PREPARED BY:
September 13, 2004
October 5, 2004, Regular Meeting
Michael J. Slaffopoulos. P. E.. C~IOpmont Director OS~(
Todd Bosso, P. E., City Engineer
RENEWAL OF BID NO. 02-8"871, SANITARY SEWER AND STOAMWATER
INVERSION LINING 'TO AMERICAN WATER WORKS AND INSITUFORM
TITLE:
BACKGROUND:
<<I>>
On September 3. 2002, the City Commission awarded three new bids for Manhole Rehabllltation, Inwrsion
Lining. and Emergency Repair. Each bid has the option for two, one year extensions. The current years'
bids will expire on September 30, 2004 and staff is seeking approval to renew the three bids.
Over the past several years, the City of Largo has maintained and repaired the sanitary sewer system on
an annual basis through Blanket Purchase Orders (BPO's) with multiple contractors for Manhole
Rehabilitation. Inversion linIng. and Emergency Repair. Environmental Services has budgeted $1.070,000
for the annual Inversion Lining and Emergency Repair of the sanitary sewer collection and reclaimed water
systems and Manhole Rehabilitation. This is the third year that Streets and Drainage DIvision of Public
Works has participated in this blanket purchase order and has budgeted $250.QOO for the annual repair and
maintenance of the storm sewer collection system. Budgeted funds are spent on an aa needed basis using
the three 6PO's,
QFFICE OF MANAGEMENT*, BUDGEr BACKGROUND;
The City reoeived three (3) bids for the 2003 Inversion Lining bid. The bids were based on an anticipated
quantity of pipe to be inversion lined. with sizes ranging from 8. through 18" In diameter for sanitary sewer,
and 12. through 30. for stormwater. The bid tabulation was as follows:
Contractor Bid
Lanzo Lining Services
American Water Works. (formerly Nurlz North America
Insltuform Technologies, Inc.
$189,100
$156,200
$154,600
'9'1""'0'
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'''~:~ '
Engineering Services has evaluated the bids and identified that each of the three bidders is lowest bid for
select items within the request for bid. As an example, American Water Works Is lowest for lining 8"
diameter sanitary sewer pipe; and Insltuform Is lowest for lining 15'1 diameter sanitary sewer pipe. As each
inversion lining task is considered its own project, and not reliant on the performance of tasks by other
contractors, Commission previously authorized the award of a SPO to each of the three bidders.
Subject; Renewal Contract No. 02-8-871, Inversion Lining BPO
Agenda Date: October 5.2004, Regual Meeting
Engineering Services previously selected Lanzo lining Services to perform certain pipe sizes based on
the salected item- Due to recent job perfol'l'Tlance and possible litigation with Lanzo Lining Services on
a separate project, staff recommends not renewing the BPO with Lanzo lining Services. Both ~
American Water Works and Insituform Technologies will honor their original bid prices for the pipe sizes _
previously awarded to Lanzo Lining.
BUDGETARY IMPAct.:.
Environmental Services has a total of $1,070,000 in the FY 2005 budget (current page E$-6) for the
maintenance and rehabilitation of the sanitary sewer collection and reclaimed water systems. Public Works
has proposed $250,000 In the FY 2005 budget for the emergency repair and lining of the stormwater
system. It is anticipated that $485,000 will be spent on inversion lining.
~NSEQUeNT ACTI9~:
Upon the completion of the current three year contract, staff will rebid the Inversion Lining Contract and
request Commission approval on a new contract for Inversion lining at the end of FY 2005.
REVIEWED BY AND RECOMMENDATION:
The City Manager, Assistant City Manager's, Environmental Services Director, Public Works Director. and
City EngIneer recommend the renewal of Bid No. 02-6-871, Sanitary Sewer and Stormwater Inversion
lining to American Water Works, and Insituform.
POTENTIAL MOTION:
I MOVE TO APPROVE/DISAPPROVE RENEWAL OF BID NO. 02-B-871. SANITARY SEWER AND .
STORMWATER INVERSION LINING TO AMERICAN WATER WORKS AND INSITUFORM.
-
2
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1:1;'0 ..
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City of Largo, Florida
Post Office Box 296, Largo, Florida 33779-0296
Office of Management & Budget
Administration (727) 587-6727
FAX (727) 586-7420
CITY COMMISSION
LARGO, FLORIDA
INVITATION ,FOR BID
Bid #: 02-8-871
Date: JULY 19,2002
Competitive sealed bids will be accepted by the City of Largo OffICe of Management and Budget,' Largo City
Hall, Post Office Box 296. (201 Highland Avenue. 33nO). Largo, Florida, 33n9.Q296, until
3:00 p.m., local time
THURSDAY, AUGUST 22, 20Q2
at which time aD bids received shall be publicly opened and read aloud in the Office of Management Budget,
Largo city Hall, .tor .
-
SANITARY SEWER AND STORMWATER INVERSION LININ(l
\
Bids must conform to the Specifacations and Instructions to Bidders. Any deviation from the specifications
must be shown.
The City reserves the right to reject any or all bids received, to waive any irregularities or informalities. If
you are interested in bidding, please complete the Invitation for Bid Fonn(s) andretum to this office by the
date indicated. Non-confonnance with these instructions is grounds for rejection of bid. Late Bids will be
rejected.
Questions of a technical nature should be directed to Michael J. Staffopolous, City Engineer, at 727-587-
6713.
.... .
Questions conceming this Bid should be directed to Joan Wheaton, Office of Management and Budget at
(727) 587-6727. :
BY ORDER OF CITY COMMISSION
LARGO, FLORIDA
~o~~oo6n
Office of Management & Budget
Please indicate Bid number and
-Sealed Bid- on your response.
erN OF LARGO, FLORIDA
INDEX
INSTRUCTIONS TO BIDDERS
1 . Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . , . . . . . . 1
2. Definitions....................,.......................;............. 1
3. Preparation of Bids .............,.........................."........... 1
4. Submission and Receipt of Bids ........................................;. 2
5. Acceptance of Offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . 2
6. Clarification and Addenda . . . . . . . . . . . . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7. Firm Prices ............................... . . . . . . . . . . . . . . . , . . . . . . . . . . 3
8. Estimated Quantities .................................................. 3
9. F.O.B. Largo, Florida ....................................... . . . . . . . . . . . 3
10. Discounts .......................................................... 3
11. Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
12. Brand Names .......... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
13. Variations of Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
14. Material Quality .. . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
15. Acceptance of Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
16. Timely Delivery .............................................. <' . . . . . . . 5
17. Price Changes Re: Contracts ............................................ 5
18. City Indemnification Re: Patent & Copyright ................................. 5
19. Conflict of Interest ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
20. Public Entity Crime ................................................... 5
21. Options ., . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 5
22. Subcontracting ..... ".' . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
23. Taxes ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
24. Failure to Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
25. Additionallnfonnation Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
26. Manufacturer's Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
27. Default of Contract . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
28. Modification for Changes ............................................... 6
29. Order or Precedence .................................................. 6
30. Examination of Records . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
31. Occupational Health and Safety .......................................... 7
32. Safety Clause ....................................................... 7
33. Qualifications of Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
34. Disqualification of Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
35. Licenses and Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
36. Vendor Site Inspection and Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
37. Request for Infonnation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
38. Provisions for Other Agencies . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 8
SP.ECIAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
APPENDICES
Reference Infonnation
Statement of No Bid
Insurance Requirements
Summary of Work
General Conditions
Schedule of Bid Prices
Technical Specifications
CITY OF LARGO, FLORIDA
INSTRUCTIONS TO BIDDERS
1. ScoDe
The instructions to bidders and general conditions described herein apply to transactions on material,
supplies or services with an estimated aggregate cost of $10,000 o~ more.
2. Definitions (as used herein)
a. The term "Invitation For Bid" means a solicitation of formal sealed bids. The acronym "IFS"
means Invitation For Bid.
b. The term "bid" means the offer as a price by the bidder.
c. The term "bidder" means the offerer.
d. The term "Change Order" means a written order signed by the Assistant. City Manager or
authorized representative directing the vendor to make changes to a contract or purchase order
resulting from the IFB.
e. The term "City" means the City of Largo, Florida.
f. The term "City Commission" means the governing body of the City of Largo.
3. PreDaration of Bids
a. Bidders are expected to examine the specKications, drawings, and all special and general
conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist
as a result of failure or omission on the part of the bidder to make the necessary examinations
and investigations, or failure to fulfill in every detail the requirements of the contract document,
will be accepted as a basis for varying the requirements of the City or the compensation to the
vendor.
b. The apparent silence of any supplemental specifications as to any details or the omission from
it of a detailed description concerning any point will be regarded as meaning that only the best
commercial practices are to prevail and that only materials of first quality and correct type, size
and design are to be used. All workmanship is to be first quality. All interpretations of the
specifications shall be made upon the basis of this statement.
. c. Bids shall be submitted on the Bid Form fumished with the specifications, other forms may be
rejected. Unless othelWise stated within the specifications, responses to the IFB should be
submitted in DUPLICATE for bid evaluation purposes.
d. Each bidder shall furnish the information required by the'IFB. The bidder shall sign the IFB and
print or type his name, address, and telephone number on the face page and on each
continuation sheet thereof on which he makes an entry.
e. Unit price for each unit offered shall be shown, and such price shall include packing and shipping
unless otherwise specified. A total shall be entered in the "Total" column for each item offered.
In case of discrepancy between the unit price and extended price, the unit price will be presumed
correct.
1. The bidders must state a definite time for derIVery of supplies or performance of services.
g. Additional or altemate bids, unless specifically requested, will not be accepted. Vendors are
urged to inspect their product lines and select one item that will meet or exceed the specifications
as given and submit only one bid.
1
h. The bidder should retain a copy of all bid documents for future reference.
I. All bids must be signed with the firm name and by an officer or employee having authority to bind
the company or firm by hislher signature.
4. Submission and ReceiDt of Bids
a. Bids must be received at or before the specified time of opening as designated in the IFB.
Bidders are welcome to attend bid opening; however, no award of bid will be made at this time.
A bid tabulation will be furnished, upon request.
b. Bids shall be submitted in a sealed envelope. The envelope shall show the hour and date
specified for receipt of bids, the bid number, and the name and address of the bidder.
c. The City of Largo is not responsible for the U.S. Mail or private couriers in regards to mail being
delivered by the specified time so that a bid can be considered. Late bids will be rejected.
d. Telegraph bids will not be considered; however, bids may be modified by telegraphic notice,
provided such notices are received prior to the hour and date specified on the bid. Bids
submitted by telephone or FAX will not be accepted.
e. Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, vendor(s) will be notified to remove samples, at their
expense, within thirty (30) days after notification. Failure to remove the samples will result in the
samples becoming the property of the City.
f. Failure to follow these procedures is cause for rejection of bid.
g. Bids having any erasures or corrections must be initialed by the bidder'in ink. Bids shall be
signed in ink. All bid amounts shall be typewritten or filled in with ink.
h. The City reselVes the right to reject any or all bids received, to waive any irregularities in the bids
received, or to accept the bid which best selVes the interest of the City of Largo.
5. AcceDtance of Offer
The signed bid shall be considered an offer on the part of the bidder; suc~ offer shall be deemed
accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual
document.
6. Clarification and Addenda
.Any inquiries, suggestions, or requests concerning interpretatiqn, clarification, or additional information
pertaining to the Bid shall be made through the City of Largo Office of Management and Budget. The
City shall not be responsible for oral interpretations given by any City employee, representative, or
others. The issuance of a written addendum is the only official method whereby interpretation,
clarification, and additional infonnation can be given. If any addenda are issued to this Bid, the City
will attempt to notify all prospective Bidders who have secured same; however, it shall be the
responsibility of each Bidder, prior to submitting the Bid, to contact the City of Largo Office of
Management and Budget at (727) 587.6727, to detennine if addenda were issued and to mSke such
addenda a part of the Invitation to Bid.
2
7. Firm Prices
The bidder warrants that prices. terms and conditions quoted in his bid will be firm for acceptance for
a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the
IFB. Such prices will remain firm for the period of performance of resulting purchase orders or
contracts which- are to be performed over a period of time.
8.' Estimated Quantities
Whenever a bid requests prices to be firm for the period of performance, the quantities or usages
shown are estimated only with no guarantee made by the City that these quantities shall be purchased.
The quantities shown are for the bidders' information only, and the City shall be bound only for actual
quantities ordered.
9. F.O,B. Laroo. Florida
Unless otherwise specified in the IFS, all prices quoted by the bidder must be F.O.B. Largo, Florida
with aD derlVery costs and charges included in the bid price. Failure to do so may cause rejection of
bid.
10. Discounts
Cash discounts of two percent (2%) will be considered in determining the award. Unless otherwise
specified, discounts offering 10 days or more will be taken by the City's Finance Department, with
payment being made on the nearest 10th or 25th of the month subsequent to receipt, inspection and
acceptance of articles, and receipt of correct invoice(s).
11. Award
The contract or purchase order shall be awarded by appropriate written notice to the bidder whose bid
meets the requirements and criteria set forth in the IFB and as follows:
a. The ability, capacity and skill of bidder to peiiorm the contract OT provide the service required;
b. Whether the bidder can perform the contract or provide the service promptly, or within the time
specjf'ied, without delay or interference;
c. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
d. The quality of performance of previous contracts or services;
e. The previous and existing compliance by the bidder with laws and ordinances relating to the
contract or services;
1. The sufficiency of the financial resources and ability of the bidder to perform the contract or
provide the service;
g. The quality, availability and adaptability of the supplies or contractual services to the particular
use required;
h. The ability of the bidder to provide future maintenance and service;
I. The number and scope of conditions attached to the bid.
3
, j. The City reserves the right to accept or reject any ,or all bids or part of bids, to waive irregularities
and technicalities, and to request re-bids on the material described, in the IFe.
k. The City also reserves the right to award the contract on such material as the City deems will
best serve its interests. .
12. Brand Names
If and wherever in the specifICations of brand names, make, name of any manufacturer, trade name,
or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material
only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR
eaUAL is added. However, if a product other than the specified is bid, it is the bidder's responsibility
to identify such product in his bid and he must prove to the City that said product is equal to or better
than the product specified. Unless otherwise specified, evidence in the fonn of samples may be
requested if the brand being bid is other than specified by the City. Such samples are to be fumished
after the date of bid opening only upon request of the City. If samples should be requested, such
samples must be received by the City no later than four days after fonnal request is made.
13. Variations of Soecifications
For purposes of bid evaluation, the bidder must indicate any variances from our specifications and/or
conditions, no matter how stiaht. Any deviation from specifications must be explained in complete
detail, including any drawings, engineering explanations and effect upon the costs.
If variations are not stated in the bid, R will be assumed that the product or service fully complies with
the City's specifications.
14. Material aualitv
All materials used in the manufacture or construction of supplies, materials or equipment purchased
and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any
materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four
(24) hours at no charge to the City.
15. Acceotance of Material
The material delivered under this bid shall remain the property of the seller until a physical inspection
and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction
of the City. It must comply with the terms herein, and be fuliy in accord with specification and .of the
highest quaflty. In the event the material and/or services supplied to the City is found to be defective
or cIoes not confonn to specifICation, the City reserves the right to cancel the order upon written notice
to the bidder and return product to bidder at the bidder's expense. The City reserves the right to
request that the offeror(s) provide a demonstration unit and/or presentation prior to award.
4
1 G. TimelY Deliverv
Time will be of the essence for any orders placed as a result of this bid. The City reserves the right
to cancel such orders, or any part thereof, without obligation. if delivery is not made within the time(s)
specified on the bid form.
17. Price Chanaes Re Contracts
If this IFB is for an estimated quantity of supplies. etc., versus purchase of a specific quantity of
articles or service, consideration in awarding bid for yearly contracts will be given:
First to bidder offering firm pric~s for full contract period; and,
Second to bidder offering firm prices subject to market price reduction.
18. CiN Indemnification RE: Patent & Coovriaht
The Vendor, in accepting this order, agrees to indemnify the City and hold it harmless from and against
all claims, liability, bss, damage or expense, including counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect
to the goods or any part thereof covered by this order, and such obligation shall survive acceptance
of the goods and payment therefor by the City.
19. Conflict of Interest
The bidder, by acceptance of this order, certifies that to the best of his knowledge or belief, no
electedlappointed offICial or employee of the City of Largo is financially interested, directly or indirectly,
in the purchase of the goods or services specified on this order.
20. Public Entitv Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any 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 be awarded or
perfonn work as a 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 Section 287.017, for CATEGORY MO for a period of 36 months from the date of being placed on
the convicted vendor list.
21. Ootions
When the City requests bids with options regarding the extent of services to be provided, the City
requests that all bidders provide a cost breakdown for each option proposed. Although all options may
be purchased, some may not. The City reserves the right to decide, at its discretion, which options
shall be purchased., .
Award will be made group by group or in the aggregate, whichever is in the best interest of the City
of Largo. During the evaluation, vendors may be required to furnish price sheets their quotes are
based on. The City also reserves the right to engage more than one finn, if it is believed that different
firms might best serve the City's interests in perfonning different segments of a particular job.
5
22. Subcontractina
Where proposers do not have the "in-houseD capability to perfonn work desired, or to provide a product
as specified, in the Bid, subcontracting may be permitted with prior knowledge and approval of the
City. The City must be assured and agree that any proposed subcontractor{s) can perform the work
orprovide the product at the desired quality and in a timely manner. Therefore, the name of any
intended subcontractor(s) should be identified in the bid.
23. Taxes
The City of Largo is exempt from local, state, federal or transportation taxes, except excise tax on
lubricants and batteries in accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988.
Exemption certificates will be provided upon request.
24. Failure to Bid
If any vendor does not wish to b'id, the Statement of No Bid must be returned. Otherwise, the vendor's
name will be removed from the City's mailing list after three UNo Bids..
25. Additionallnformation
The apparent low bidder may be required to submit to the City within twenty-four (24) hours of bid
opening the following documents:
(a) Most recent financial statements of the company;
(b) A list of equipment owned;
(c) A list of references which may be immediately contacted.
26. Manufacturer's Certification
The City reserves the right to request from bidders a separate manufacturer certification of all
statements made in the bid. Failure to provide such certification may result in rejection of bid or
default termination of contract for which the bidder mus~ bear full liability.
27. Default of Contract
In case of default by the bidder or contractor, the City may procure the items or services from other
sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred
thereby.
28. Modification for Chances
No agreement or understanding to modify this IFe an9 resultant purchase orders or contract shall be
binding upon the City unless made in writing by the .Assistant City Manager or authorized
representative of the City of Largo.
29. Order or Precedence
In the event of an inconsistency between provisions of the IFB, the inconsistency shall be resolved by
giving precedence in the following order:
(a) The schedule;
(b) Special provisions;
(c) Instructions to Bidders and General Instructions;
6
(d) Other provisions of the contract, whether incorporated by reference or otherwise; and
(e) The specifications.
30. Examination ot Records
The bidder shall keep adequate records and supporting documentation applicable to the subject matter
of this bid to include, but not be limited to, records of costs, time worked, working papers and/or
accumulations of data, criteria or standards by which findings or data are measured, and datesltimes
of pick-up or deUvery. Said records and documentation shall be retained by the bidder for a minimum
of one (1) year from the date the bid is completed and accepted by the City. If any litigation, claim,
or audit is started ,before the expiration of the one (1) year period, the records shall be retained until
all litigation, claims, or audit findings, involving the records have been resolved. Should any questions
arise concerning this bid the City and its authorized agents shall have the right to review, inspect, and
copy all such records and documentation during the record retention period stated above; provided,
however, such activity shall be conducted only during normal business hours and shall be at City
expense. Bidders shall be authorized to retain microfilm copies in lieu of original records, if they so
desire.
Any subcontractor(s) employed by a bidder who is subject to these requirements shall be subject to
these requirements and the bidder is required to so notify any such subcontractor(s).
31. Occuoational Health and Safetv
In compliance with Chapter 442, Florida Statutes, any item delivered to the City resulting from this bid
must be accompanied by a Material Safety Data Sheet (MSDS). . The MSDS must be maintained by
the user agency and must include the following information: '
a) The chemical name and the common name of the toxic substance.
b) The hazards or other risks in the use of the toxic substance, including:
(1) The potential for fire, explosion, corrosion, and reactivity;
(2) The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
(3) The primary routes of entry and symptoms of overexposure.
c) The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of over-exposure.
d) The emergency procedure for spills, fire, disposal, and first aid.
e) A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this information.
f) The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
Any questions regarding these requirements should be directed to: Risk and Safety Manager,
(727) 587-6774.
32. Satetv Clause
Any and all work originated from this bid must comply with all applicable safety laws based on any
City.. County, State and/or Federal regulations.
7
33. Qualification of Bidders
A bidder may be required, before the award of any contract, to show to the complete satisfaction of
the City that he has the necessary facilities, equipment, ability and financial resources to perform the
work in a satisfactory manner within the time specified.
34. DisQualification of Bidders
Any or all proposals will be rejected if there is any reason for believing that collusion exists among the
bidders, and participants in such collusion. will not be considered in future proposals for the same work.
35. Licenses and Permits
The Contractor shall secure all licenses and permits and shall comply with all applicable laws,
regulations and codes as required by the State of Florida, or by the City of Largo. The Contractor
must fully comply with all Federal and State Laws and County and Municipal Ordinances and
Regulations in any manner affecting the performance of the work.
36. Vendor Site InsDection and Evaluation
The City reserves the right to inspect the vendor's site prior to award or at any reasonable time
throughout the contract period.
37. ReQuest for Information
Information may be obtained from the Office of Management and Budget, (727) 587-6727, or from the
individual listed on the IFB cover letter.
38. Provisions for Other Aaencies
Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Government
agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms
and conditions therein, should any said governmental entity desire to buy under the proposal.
8
CITY OF LARGO, FLORIDA
SPECIAL CONDITIONS
FOR
SANITARY SEWER AND STORMWATER INVERSION LINING
BID # 02-B-871 .
1. Intent
In accordance with the enclosed specifications, it is the intent of the City of Largo to receive bid
proposals for Sanitary Sewer, Reclaimed Water and Stormwater Emergency Repairs.
2. Manufacturer's Reference
Any such references, by brand or trade name or catalog number, are used for the purpose of
descnbing the establishing general quality and performance levels. Unless otherwise stated in the bid
section, consideration will be given for any product which meets or exceeds the quality of performance
of the specification.
Vendors are required to state exactly what they intend to furnish as provided in the proposal section,
otherwise they shall be required to furnish the item as specified.
3. Warranty
Failure by a manufacturer's authorized dealer to render proper warranty service/adjustments including
providing a copy of the warranty work order to the City, shall subject that dealer to suspension from
the City's approved vendor listing until satisfactory evidence of correction is presented to the Office
of Managem~nt ~d Budget. Payment will not be withheld pending warranty repairs and adjustments.
4. Invoices
Invoice copies (one original and one copy) shall be mailed to: City of Largo, Accounts Payable, P.O.
Box 296, Largo, Florida 33779-0296.
5. Reiection of Deliverv
The City reserves the right to refuse delivery of any product which does not meet Federal, State or the
specified safety standard. The City reserves the right to cancel any such item(s) on purchase orders
and obtain such items from another source, when such items have not been delivered within a
reasonable period of time as compared to the time stated in this bid.
6. Fiscal Non-Fundina Clause
In the event sufficient budgeted funds are not available for~ a new fiscal period, the City shall notify
the vendor of such occurrence and contract shall terminate on the last day of the current fiscal period
without penalty or expense to the City.
CITY OF LARGO, FLORIDA
REFERENCE INFORMATION
FOR
SANITARY SEWER AND STORMWATER INVERSION LINING
BID #02-B-871
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Organization
Contact .Person
Address
City
Phone Number (
Project Cost
5 E E
A T T A C H E D
State
Zip
)
Date Perfonned
------------------------------------------------------~~~---------~--~----------
Organization
Contact P-erson
Address
City
Phone Number (
Project Cost
State
Zip
Date Perfonned
--------------------------------------------------------------------------------
Organization
Contact Person
Address
City
Phone Number (
.Project Cost
State
Zip
)
Date Perfonned
--------------------------------------------------------------------------------
Organization
Contact Person
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City
Phone Number (
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State
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Date Perfonned
----------------------------------------------------------------------------~---
Representative Typed NameITrtle Michael Cannon, Vice President
Representative Signature ~-c: ~ .
Firm Azurix North America und.4...r~und Inf!;:a~'Tnc'nro. T""
109 Applewood Drive
Longwood, FL" 32750
407-260-9668
CITY OF LARGO, FLORIDA
STATEMENT OF NO BID
FOR
SANITARY SEWER AND STORMWATER INVERSION LINING
BID #02-S-871
IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN THIS
FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: CITY OF LARGO, OFFICE OF
MANAGEMENT .AND BUDGET, POST OFFICE BOX 296, LARGO, FLORIDA 33779-0296.
WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S):
WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT.
SPECIFICATIONS ARE TOO "TIGHT", I.E. GEARED TOWARD ONE BRAND OR
MANUFACTURER ONLY (PLEASE EXPLAIN BELOW).
UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW).
SPECIFICATIONS l)NCLEAR (PLEASE EXPLAIN BELOW).
INSUFFICIENT TIME TO RESPOND TO INVITATION TO BID.
OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM.
,UNABLE TO MEET BOND REQUIREMENTS.
OTHER (PLEASE SPECIFY BELOW).
REMARKS:
WE UNDERSTAND THAT IF THE "NO SID" LEITER IS NOT EXECUTED AND RETURNED, OUR NAME
MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF LARGO FOR FUTURE
PROJECTS.
Typed Name and Title
Signature
Company name
Address
City
State
Zip Code
Telephone Number <-..J
. Fax <-..J
CITY OF LARGO, FLORIDA
INSURANCE REQUIREMENTS CHECKLIST
FOR 02-B-871 . Sanitarv Sewer and Stormwater Inversion Linina
Items marked "X" must be provided
x
General LlabDitv.
---L- Commercial General UabifJty
-L- Occurrence Form
Minimum Limits Reaulred
S 1.000.000 General Aggregate
S 1.000.000 prcductlCompleted Operations ASS.
S 1.000.000 Personal & Advertising Injury "
$ 1.000.000 Each Occurrence
$
x
Automobile LiabilitY
Owned, Hired & Non-Owned
$ 1.000.000
StatutorY
$ 100.000
$ 500.000
$ 100.000
Combined Single Limit per Occurrence
--X
Worke"s ComaensatJon
and EmDlove"s Llabilitv
Each Accident
Disease. porlCY Limit
Disease - Each employee
--X
Professional Liabilltv - Errors I. Omissions
· Deductible: $
· Claims Made (YIN):
· Occurrence (YJN):
· Defense included in Limits (Y/N):
(*To be completed by Bidder)
$ Aggregate
$ Each Claim
Bullde"s Rlsknnstallatlon Floater
· Flood Included $ Limit $
· Transportation Included $ Umit
· Storage Included S Limit
City Must Be A Named Insured. Copy of Policy Will ee Required. .
r To be completed by Bidder)
100% of Completed or Installed Value
All-Risk Form
Q!b!!:
S
$
X The Certificate of Insurance must show -rhe City of Largo. elected officials and employees. as a~ additional
Insured.
X CertrJCatec:l must givi to the City of Largo 30 days' prior written notice of cancellation. non-renewaJ. or adverse
change.
X Certificates must identify bid number and bid title.
Statement of Bidder:
ments requested and agree to cC?mply fully.
Michael Cannon, Vice President
A complete copy of this form with arialnal signature must accompany bid.
Azurix North America Underground Infrastructure, ~nc.
109 Applewood Drive, Longwood, FL 32750
407-260-9668
Public Works Administration: (727) 586-7418
Engin~ring Services Division: (727) 587-6713
Engineering Services FftIX:. (727) 586-7413
Public Works Department
Chris A. Kubala, Public Works Director
Michael J. Staffopoulos, P.E., City Engineer
SANITARY SEWER AND STORMW ATER INVERSION LINING
BID NO. 02-B-871
City of Largo, Florida
SummarV' of Work
This project provides for the reconstruction of pipelines and conduits (8 , 10, 12, 15, 18,24 and
30 in., and laterals) by the installation of a resin-impregnated, flexible tube which is inverted into
the existing conduit by use of a hydrostatic head or air pressure, also referred to as cured in place
pipe (CIPP). The resin is cured by circuI8.ting hot water or introducing controlled steam within the
tube. When cured, the fmished pipe will be continuous and tight-fitting. This reconstruction
pr9Cess can. be used in a variety of gravity and pressure applications such as sanitary sewers and
storm sewers. Pipelines for reconstruction on this project consist of primarily vitrified clay pipe,
with some ductile iron pipe, reinforced concrete pipe and corrugated metal pipe.
The work shall be perfonnedby annual bid, with an estimated minimum footage of three
thousand (3,000) lineal feet of sewer line and stonnwater pipe to be inversion lined on an annual
basis. The tenn of this bid will be from the date of award through September 30, 2003. The City
of Largo reserves the right to extend the contractor for two additional one-year extensions with
the approval of the contractor. The estimated footages identified in the Schedule of Bid Prices
are for comparison only. The locations to be inversion lined will be as directed by the City .of
Largo designated representative. The City of Largo will issue task orders to the contractor in
minimum increments of $20,000. The Contractor shall be required to be on the job site and
performing services within twenty-one (21) days of notification of each service request.
No dig inversion lining is required.. The Contractor will be responsible for sewage flow control
during all hours of installation. Night installations may be required in some sewer lines due to
sewage andlol' traffic flow conditions. Coordination of the flow control and rehabilitation is the
responsibility of the Contractor. "
The indemnification provision contained in the General Conditions is incorporated herein, and
made a part hereof. as if fully set forth herein.
The contractor sluzll submit, for the purposes of bidding~ a completed Schedule of Bid Prices
!H.!!1 executed General Conditions. Failure to provide both documents s1uz1l result in an
unresponsive bid.
..SAFETY
1. Contractor will report any condition to the City of Largo which may pose a threat to the health and
welfare of employees of the City, Contractor, or the general public.
Page 1 of .~
General Correspondence: Error! Not a valid link.
Error! Not a valid link. Julv 12 2002
2. Contractor will use employees that are properly trained and who are aware of possible work,
. materials, and job-site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable
regulations and safety precautions.
4. Contractor shall comply with all local, state and federal safety requirements. including but not limited
to OSHA.
Table of Contents
General Conditions
Schedule of Bid Prices
Technical Specifications
Section 01010 - SUmnlary of Wark
Section 01025 - Measurement and Payment
Section 01530 - Barriers
Section 01570 - Traffic Control
Section 02702 - Pipe Lining By Inversion
PIge2of2
L....4'7 'X\MI 1o-4A~M AU
Summaf)'ofWorlc
Section 01010
SECTION 01010
SUMMARY OF WORK
PART 1- GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. . The work covered by these specifications comprises, in general, the furnishing of all labor, equipment, materials.
The work shall include the performing of all operations to construct road improvements, as well as, water, sewer,
and drainage improvements for the City of Largo as described and specified further in the Technical
Specifications, and as shown on the Contract Drawings. .
B. Except as specifically noted, the Contractor shall provide and pay for:
1. Labor, materials, tools, construction equipment, and machinery.
2. Water and utilities required for construction.
3. Other facilities and services necessary for proper execution and completion of the work.
4. Testing lab services.
C. The Contractor shall comply with all codes, Qrdinances, rules, regulations, orders and other legal requirements
of the City of Largo.
D. Roadway restoration/reconstruction for any individual street shall be completed within 30 calendar days
subsequent to substantial completion of underground utility construction on a street by street basis. The
submitted construction schedule shall indicate this construction sequence.
1.02 EROSION AND SEDIMENT CONTROL
The Contractor shall implement erosion and sediment control practices that will prevent the introduction
of pollutants into the storm water system. Erosion and sediment controls shall include both stabilization
practices and structural practices.
The Contractor shall take adequate precautions to prevent siltation and bank erosion in discharging well
point systems or during other construction activities. This includes the placement of erosion control
devices, such as silt bmiers or settling basins, when necessary to prevent silt from entering ~e drainage
system. Whenever traffic will be leaving a construction site and moves directly onto a public road or other
paved area, a temporary gravel construction entrance, per City of Largo Standards, shall be installed to
reduce the amount of sediment transported onto public roads by motor vehicles or runoff. The entrance
shall be maintained in a condition that will prevent tracking or flow of sediments onto public rights-of way.
All materials spilled, dropped, washed, or tracked from vehicles onto roadways or into storm drains must
be removed immediately. The road or paved area must .be swept daily for sediments and stones.
All erosion and sediment control devices shall be checked daily or immediately after a storm event and
shall be cleaned out and/ or repaired as required. All erosion and sediment control methods shall be in
accordance with F.D.O.T.lndex No. 102 and shall comply with all state and local water quality standards.
The City Engineer or the appointed City personnel has the right to enforce immediate cleanup and
maintenance of any and all sediments on or off site.
"p,,_, nf~
Swrunary Of Work
Section 01010
1.03 HOUSEKEEPING BMP'S
A construction site management plan shall be developed by the Contractor to prevent pollutants from
entering the storm water system. Pollutants include but are not limited to oils, grease, paints, gasoline,
concrete truck washdown, solvents, litter, debris and sanitary waste.
The construction site management plan shall designate areas for equipment maintenance and repair; shall
provide waste receptacles at convenient locations and shall provide regular collection of wastes; shall locate
equipment washdown areas on site and shall provide appropriate control of washwaters; shall provide
protected storage areas for chemicals, paints, solvents fertilizers and other potentially toxic materials; and
shall provide adequately maintained sanitary facilities
1.04 STORAGE OF MATERIALS
The Contractor shall furnish suitable storage facilities. All materials, supplies and equipment intended for
use in the work shall be suitably stored by the Contractor to prevent damage from exposure, admixture
with foreign substances, or vand~m or other cause. The Engineer will refuse to accept, or sample for
testing, materials, supplies or equipment that have been improperly stored, as determined by the Engineer.
Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from
the construction or storage site. Delivered ~ateria1s shall be stored in a manner acceptable to the Engineer
before ~y payment for same will be made. Materials strung out along the line of construction will not be
allowed unless the materials will be installed within one week from the time of unloading and stringing
out.
1.05 PRESERVATION OF PROPERTY
The Contractor shall preserve from damage all property along the line of the work, or which is in the
vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by
the plans. Wherever such property is damaged due to the activities of the Contractor, it shall be
immediately restored to its original condition by the Contractor at no cost to the Owner.
In case of failure on the part of the Contractor to restore such property, or to make good such damage for
injury, the Owner may, after 48 hours notice to the Contractor, proceed to repair, rebuild or otherwise
restore such property as may be deemed necessary, and the cost thereof will be deducted from any monies
due, or which may become due, the Contractor under this contract.
1.06 CLEAN UP
The Contractor shall keep the construction site free of rubbish and other materials and restore to their
original conditions those portions of the site not designated for the alteration by the Contract Documents.
Oean up and restoration shall be accomplished on a continuing basis throughout the contract period and
in such a manner as to maintain a minimum of nuisance and interference to the general public and residents
in the vicinity of the work.
The Contractor shall also remove, when no longer needed, all temporary structures and equipment used
in his operation. It is the intent of this specification that the construction areas and those other areas not
designated for alteration by the Contract Documents shall be immediately restored to original condition
as upon completion of the project.
Page2of3
Swrurlluy of Work
Section 01010
1.07 PUBUC SAFETY AND CONVENIENCE
The Contractor shall at all times so conduct his work as to ensure the least possible obstruction to traffic,
or inconvenience to the general public and residents in. the vicinity of the work. No road or street shall be
closed to the public, except with the permission of the Engineer and other jurisdictional governmental
authority, if any. Fire hydrants on or adjacent to the work shall be kept accessible. Provisions shall be made
by the Contractor to ensure public access to sidewalks, public telephones, and the proper functioning of
all gutters, sewer inlets, drainage di~es, and irrigation ditches. No open excavation shall be left ovemight
except during road closing. All open excavation within the roadway shall be backfilled and a temporary
asphalt patch applied prior to darkness each day. A cold asphalt patch is acceptable.
1.08 SAFETY AND OSHA COMPLIANCE
The Contractor shall comply in all respe<;ts with all Federal, State and Local safety and health regulations.
Copies of the Federal regulations may be obtained from the U.s. Department of Labor, Occupation Safety
and Health Administration (OSHA), Washington, DC 20210 or their regional offices.
The Contractor shall comply in all respects with the applicable Workman's Compensation Law.
1.09 CONTRACTOR'S USE OF PREl\fiSES
A. Coordinate the use of premises under direction of Engineer.
B. Assume full responsibility for the protection and safekeeping of equipment and materials stored on the site.
c. Move any stored Products, under Contractor's control, which interfere with operations of the Owner or separate
Contractor.. .
Page3of3
STANDARD
GENERAL CONDmONS
OF THE
CONSTRUCTION CONTRACf
FOR
THE CITY OF LARGO
FLORIDA
Date: 2000
TABLEOFCONTENTSOFGENERALCOND~ONS
ARTICLE
TITLE
PAGE
1. DEFINITIONS GC-l
2. PREUMINARY MA.7TBRS GC-3
Delivery of Documents GC-3
Copies of Documents GC-3
Commencement of Contract
Time; .
Notice to Proceed GC-3
Starling the Project GC-3
Before Starting Construction GC-3
Pre-construction Conference GC-4
Finalizing Schedules GC-4
3. CONTRACT DOCUMENTS GC-4
Intent GC-4
Amending and Supplementing .
Contract Documents GC-5
Reuse of Documents GC-S
4. A V AlIABILlTY OF LANDS:
PHYSICAL CONDITIONS:
REFERENCE POINTS GC-S
Availability' of Lands GC-S
Physical Conditions GC-6
Physical Conditions-
Underground Facilities GC-7
Reference Points GC-8 .
5. BONDS AND INSURANCE GC-8
Bonds GC-8
Contractor's Insurance GC-9
.. -.
6. CONTRACTOR'S
RESPONSIBII.ITIES GC-ll
Supervision and
Superintendence GC-ll
Labor, Materials and Equipment;
Hours of Work GC-ll
Adjusting Progress Schedule GC-12
ARTICLE TITLE PAGE
Substitutes or "Or-Equal". Item GC-12
. Concerning Subcontractors,
Suppliers and Others GC-13
Patent Fees and Royalties GC-13
Permits GC-14
Laws and. Regulations GC-14
Taxes GC-14
Use of Premises GC-14
Record Documents GC-1S
Safety and Protection GC-1S
Emergencies and Precautions
During Adverse Weather GC-16
Shop Drawings and Samples GC-16
Continuing the Work GC-17
Indemnification GC-17
7. OTHER WORK GC-18
Related Work at Site GC-18
Coordination GC-18
8. THE CITY'S RESPONSIBIUTIES GC-18
9. ENGINEER.' S STATUS
DURING CONSTRUCI'ION
Oty's Representative .
Visits to Site '
Project Representation
Clarifications and
Interpretations GC-21
Authorized Variations of Work GC-22
Rejecting Defective Work GC-22
Shop Drawings, Change Orders
and Payments GC-22
Determination for Unit Prices GC-22
Decisions on Disputes GC-22 -
Limitations on Engineer's
Responsibilities
GC-19
GC-19
GC~19
GC-19
GC-22
10. CHANGES IN THE WORK GC-23
.
TABLE OF CONTENTS OF GENERAL CONDnnONS
ARTICLE
TITLE
11. CHANGE OF CONTRACI' PRICE
Cost of the Work
Contractor's Fee
Cash Allowances
Unit Price Work
Omitted Work
PAGE
GC-24
GC-24
GC-26
GC-26
GC-27
GC-27
12. CHANGE OF CONTRACI' TIME GC-27
13. WARRANTY AND GUARANTEE:
TEST AND INSPECIIONS:
CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE
WORK. GC-28
Warranty and Guarantee GC-28
Access to Work GC-28
Tests and Inspections GC-28
Uncovering Work GC-29
City May Stop the Work GC-29
Correction or Removal of
Defective Work GC-29
One Year Correction Period GC-29
City May <;:oItect Defective
Work GC-30
14. PAYMENTS TO CONTRACI'OR
AND COMPLETION
Schedule of Values
Application for Progress
Payments
Contractor's Warranty of TItle
Review of Applications for
Progress Payment
Substantial Completion
Partial Utilization
Final htspection
Final Application for Payment
Fmal Payment and Acceptance
Contractor's Continuing
Obligation
GC-30
GC-30
GC-30
GC-31
GC-31
GC-31
. GC-31
GC-32
GC-32
G~-32
GC-33
ARTICLE TITLE
15. SUSPENSION OF WOR!<
AND TERMINATION
City May Suspend Work
City May Terminate
Contractor May Stop Work or
Terminate
PAGE
GC-33
GC-33
GC-33
GC-35
GC-35
GC-35
GC-35
16. MISCELLANEOUS
Giving Notice
Computation of Time
No Limitation of Rights and
Remedies GC-35
Accident and Prevention GC-36
Florida Products and Labor GC-36
Employees GC-36
Non-Discrimination GC-36
Assignment GC-36
Venue GC-37
Asbestos GC-37
Right to Audit GC-37
Contract Time; Liquidated Damages
GC-37
GC-37
GC-38
Payment Procedures
Contractor's Representations
CONTRAcrOR SIGNATURE, DArE &
CORPORATE SEAL
GENERAL CONDITIONS
ARTICLE I - DEFINITIONS
Wherever used in these General Conditions or in the
other ContraCt Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
ADDENDA - Written or graphic instruments,
explanations, interpretations, changes, corrections.
additions, deletions or modifications of the contract
documents issued prior to the opening of Bids which
clarify. coIreCt or change the bidding documents or the
Contract Documents.
AGREEMENT - The written agreement between the
CITY and CONTRAcrOR covering the Work to be
performed; when other Contract Documents are
attached to the Agreement, they become a part of the
col1lI'act. The Agreement is also referred to as the Con-
tracL
APPliCATION FOR PA YMENI - The fann accepted
by ENGINEER which is to be used by CONTRACfOR
in requesting progress or final payments and which is to
include such supporting documentation as is required
by the Contract Documents.
BID - The offer or proposal of the bidder submitted on
the prescribed foan setting forth the prices for the Work
to be perfonncd, properly signed or guaranteed.
BONDS - Bid, Performance and Payment bonds and
other insttuments which protect against loss due to
inability, failure or refusal of the CONTRAcrOR to
perform the work specified in the contract documents.
CALENDAR DAY - A calendar day of 24 hours
measured from midnight to the next midnight, including
Saturdays, Sundays and holidays and regardless of the
weather.
CHANGE ORDER - A document recommended by
ENGINEER which is signed by the CONTRAcrOR
and the CIl'Y which authorizes an addition, deletioQ, or
reVision in the work, or an adjustment in the Contract
Price or Contract Tune, issued on or after the execution
of the AgreemenL
L_
QIX - The City of Largo, Florida. aFloridamunicipal
corporation. its authorized and legal representatives, the
public entity with whom the Contractor has entered into
the agreement and for whom the work is to be provided.
CONSTRUCTION Si1PERINTENDENT - The
construction superintendent shall be in attendance at the
project site during performance of the Work and shall
represent the CONTRACfOR. Communications given
to the construction superintendent or decisions made by
the constrUction superintendent shall be as binding as if
given to or made by the CONTRAcrOR. Important
communications or decisions shall be confirmed in
writing. Other communications or decisions shall be
similarly confirmed by written request in each case.
CONTRACI'DOCUMENTS - The Invitation to Bid,
Instructions to Bidders. Proposal, Bid Bond,
Agreement, Payment Bond. Performance Bond,
Certificate of Insurance, Notice of Tentative Award.
Notice to Proceed. Certificate of Substantial
Completion. W manty of Title. Fmal Receipt - Release
of Lien. General Conditions, Supplemental General
Conditions, Technical Specifications, Contract
Drawings. Addenda and Change Orders executed
pursuant to the Contract Documents.
CONTRACI' PRICE -The total monies payable by the
CITY to the CONTRAcrOR under the terI;DS and
conditions of the ContraCt Documents..
CONTRACI' TIME - The number of successive
calendar days stated in the Contract Documents for the
completion of the Work.
CONTRACI'OR - The person. firm. or COIpOraDon
with whom the CITY has executed the Agreement to
furnish the Wark called for in the Contract Documents.
DEFECTIVE WORK. - Work that is unsatisfactory,
faulty, or deficient; or that does not conform to the.
Contract Documents; or that does not meet the
requirements of any. inspection, reference standiJrd, test,
or approval referred to in the Contract Documents; or
Work diat has been damaged prior to the ENGINEERS
recomD1Cndation of final paymenL .
DRA WlNGS - The drawings. plans. maps, profiles.
diagrams, and other graphic representations which show
character. location, nature, extent and scope of the
Wark, which have been prepared or approved by
ENGINEER and which are consider~ part of the
ContraCt Do~nts.
EFFECTIVE DATE OF nIB AG~'; The
date indicated in the Agreement, but if no such date is
GC-l
indicated it means the date on which the Agreement is
signed by the last of the two parties to sign the
AgreemenL
ENGTN'P.P.IUS) - City of Largo Public Works
Department, Engineering Division or its authorized
agents, inspectors or representatives acting within the
scope of duties entruSted to them by the CITY.
FIELD ORDER - A wrinen order by the ENGINEER
that does not impact the cost or time of performance of
the Wode.
GENERAL REOUIR.EMENIS - Division 1 of the
Technical Specifications.
LAWS AND REGULATIONS: LAWS OR
REGULATIONS - Laws. rules. codes, regulations,
ordinances and/or orders promulgated by a lawfully
constituted body authorized to issue such Laws and
Regulations.
NOTICE OF AWARD -The official written notice by
the CITY to the apparent successful bidder stating that
upon compliance by the apparent sucCessful bidder with
the conditions precedent enumerated therein within the
time specified, the CITY may enter into an AgreemenL
NOTICE TO PROCEED - The written notice issued by
the CITY, or it's agents, to the CONTRACfOR
authorizing the CONTRACI'OR to proceed with the
Work and establishing the date of commencement of
the Contract Tune.
PARTIAL tITILIZATION - Placing a portion of the
Work in service for the purpose for which it is intended
(or a related purpose) before reaching Substantial
Completion for ~ the Work.
PROJEcr.. The entire constrUction to be performed as
provided in the Contract Documents.
RESIDENT PROmer REERESENTATIVE (RPR) -
The resident project representative, shall be in
attendance at the project site during performance of the
Work and sball represent the CITY directly or through
the ENGINEER. Responsibilities of the RPR are
further defined in Paragraph 9.3 of these General
Conditions.
instructions, diagrams and other information prepared
by a supplier and submitted by the CONTRACfOR to
illustrate material or equipment for some portion of the
Work.
SPECIFICA nONS - (Same definition as for Technical
Specifications hereinafter).
SUBCONTRACI'OR - An individual. firm. or
corporation baving a direct contract with the
CONTRACI'OR or with any other Subcontractor for
the performance of a part of the Work at the Site.
SUBSTANTIAL COMPLETION - The Work (or a
specified part thereof) has progressed to the point
where, in the opinion ofENGnmER as evidenced by
ENGINEER'S definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance
with the Contract Documents. so that the Work (or
specified part) can be utilized for th~ purposes for
which it is intended. The termS "substantially
complete" and "substantially completed" as applied to
any Work refer to Substantial Completion thereof.
When the entire Project is considered to be.
Substantially Complete. this does not COlIStitute F'mal
Acceptance or Fmal Completion of the entire Project.
SUPPLEMENTARY CONDmONS - The part of the
Contract Docuinents which amends or supplements
these General Conditions.
SUPPT .TF.R. - A manufacturer, fabricator, supplier,
distributor. materialman or vendor.
SURETY - Any person, fiIm or corporation which is
bOllDd by bid or contraCt bond with and for the
CONTRACfOR. '
TECHNICAL SPECIFICATIONS - Those portions of
the ContraCt Documents consisting of the General
Rcquirements and written technical descriptions of
products and execution of the Work.
UNDERGROUND FACII.J.TIES - All pipelines.
conduits. ducts, cables. wires, manholes, vaults. tanks.
tunnels or other such facilities or attachments, and any
encasements contaiDing SIIcb faci1iti=s which have been
installed IlDderground to fumish any of the following
services or materials: electricity. gases. Steam, liquid
petroleum products. telephone. or other
communications. cable television. water supply or
distribution, sewage and drainage removal, traffic or
other control systems.
UNIT PRICE WORK - Work to be paid for on the
basis of unit prices.
WORK - Any and all obligations. duties and
responsibilities nece5S8J}' to the successful completion
of the Project assigned to or undertaken by the.
CONnACfOR under the Contract Documents.
including all labor. materials, equipment and other
incidentals and the furnishing thereof.
WORK DIRECTIVE CHANGE - A written direCtive to
CONTRACfOR, issued on or after the Effective Date
of the Agreement and signed by the CITY and
recommended by the ENGINEER. ordering an addition,
deletion or revision in the Work, or which references an
emergency or unforeseen physical conditions under
which the Work is to be perlOIIDed. A Work DireCtive
Change may Dot change the Contract Price or the
Contrat:t Tune, but is evidence that the parties expect
that the change directed or documented by a Work
Directive Change will be incorporated in a subsequently
issued Change Order fonowing negotiations by the
parties as to its effect, if any, on the Contract Price or
Contract Tune.
WRl'ITEN AMENDMENT - A written amendment of
the Contract DocUments, signed by the CITY and
CONTRACfOR on or after the Effective Date of the
Agreement and normally dealing with the non-
engineering or non-technical rather than strictly Work-
related aspects of the Contract Documents.
ARTICLE 2. PRELIMINARY MATl'ERS
DELIVE~Y OF DOCUMENTS:
2.1. When the CONTRACI'OR delivers the
signed Agreements to the CITY. the CONTRACfOR
shall also deliver to the CITY such Bonds and
Insurance Policies, Certificates or other documents as
the CONTRACfOR may be required to furnish in
accordance with the Contract Documents.
COPIES OF DOCUMENTS:
2.2. The CITY shall. furnish to
CONTRACfOR three copies (unless otherwise
specified in the Supplementary Conditions) of the
Contract Documents or as are reasonably necessary for
the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
GC-3
COMMENCEMENT OF CONTRACT TIME;
NOTICE TO PROCEED:
2.3. The Contract Time will commence to
run on the day indicated in any Notice to Proceed. A
Notice to Proceed may be given at any time within sixty
days after the Effective Date of the Agreement
STARTING THE PROJECf:
2.4. CONTRACTOR sbaI1 stan to perform
the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site
prior to the date on which the ContraCt time commences
to run.
BEFORE STARTING CONSTRUCTION:
2.5. Before undertaking each part of the
Work, CONTRACI'OR shall carefully study and
compare the Contract Documents and check and verify
pertinent figures shoWD thereon and all applicable field
measurements. CONTRACTOR shall promptly report
in writing to ENGINEER any conflict, error, ambiguity
or discrepancy which CONTRAcrOR may discover
and shall obtain a written inteIpretation or ClarificatiOD
from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACfOR shall not
be liable to CITY or ENGINEER for failure to report
any conflict, error, ambiguity or discrepancy in the .
Contract Documents. unless CONTRACTOR lc:tew or
reasonably should have known thereof.
2.6. At the pre-construction conference,
CONTRACfOR shall submit to ENGINEER for
review:
2.6.1. a proposed progress scbedule
indicating the starting and completion dates of
the variOIlS stages of the Work; and,
2.6.2. a preliminary schedule of
Shop Drawing submissions and those shop
drawings necessary to begin the work; and.
2.6.3. a preliminary schedule of
values for all of the Work which will include
quantities and prices of items aggregating the
. Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as
the basis for pi-ogress payments during
construction. Such prices will include an
appropriate amount of overhead and profit
applicable to each item of Work which will be
confumed in writing by CONTRACfOR at the
time of submission ;and.
2.6.4. Pre-consauction video.tapes if
required by the technical specifications
2.7. The CONTRACTOR shall not
commence construction operations until the
constrUCtion progress schedule, schedule of values and
the shop drawing submission schedule described above
have' been reviewed by the ENGINEER for general
conformance with the Contract documents. . After
review of the schedules, no deviation shall be made
without prior written acceptance by the CITY for
general conformance with the ContraCt DocumentS.
PRECONSTRUCTION CONFERENCE:
2.8. After the Effective Date of the
Agreement, but before CONTRACTOR starts Work at
the site, a comerence attended by CONTRACTOR,.
ENGINEER and others as deemed appropriate by the
CITY, ENGINEER.. or CONTRACTOR will be held to
discuss the schedules referred to in paragraph 2.6, to
discuss procedures for handling Shop Drawings and
other submittals and for processing Applications for
Payment, and to establish a working understanding
amoDg the! parties as to tbe Work. Nothing herein sha1l
relieve the'CONIRACTOR from the responsibility of
contacting local utilities and any other necessary
agencies,
'FINALIZING SCHEDULES:
2.9. At least ten days before submission of
the first Application for Payment a conference attended
by CONrRACTOR, CITY. ENGINEER and others as
appropriate will be held to fina1i7.,C the schedules
submitted in accordance with paragraph 2.6. The.
finalized progress schedule will be acceptable to the
CITY as providing an orderly progression of the Work
.to completion within the Contract llI1lC, but such
acceptance will neither impose on the CITY
responsibility for the progress or scheduling of the
Work nor relieve CONTRACTOR from full
responsibility therefor. The finalized schedule of Shop
Drawing submissions will be acceptable to the CITY as
providing a workable amngement for processing the
submissions. The finalized schedule of values will be
acceptable to the CITY as to form and substance.
ARTICLE 3 . CONTRACf DOCUMENTS:
JNTENT, AMENDING, REUSE
GC-4
INTENT:
3.1. The Contract Documents comprise the
entire agreement between the CITY and
CONTRACTOR concerning the Work. The Contract
Documents are complementary: what is called for by
one is as binding as if called for by all. The Contract
Documents will be construed in accordance with the
laws of the State of Florida with venue. in PiDellas
County, Florida. .
3.2. It is the intent of the Contract Documents .
to describe a functionally complete Project (or pan
thereto) to be constrUcted in accordance with the
Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the
Contract Documents as being required to produce the
intended result shall be supplied whether or not
specifically called for. When words which have a well-
known technical or trade meaning are used to describe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any
technical society, organization or association, or to the
Laws or Regulations of any governmental authority,
whether such reference be specific or by implication,
shall mean the latest standard specification, manual,
code or Laws or Regulations in effect at the time of
opening of Bids, except as .may be. otherwise
specifically stated. Howeveri no provision of any refer-
enced standard specification, manual or code (whether
or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the
duties or responsibilities of the CITY, CONI'RACTOR
or ENGINEER or any of their consultants, agents or
employees from those set forth in the Contract
Documents, nor shall it ~ effective to assign to
ENGINEER'S, agents or employees, any duty or
authority to supervise or direct the furnishing or
performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16. Clarifications and
interpretations of the Contract Documents shall be
issued by the ENGINEER as provided in paragraph 9.4.
3.3. If, during the performance of the Work,
CONTRAcrOR finds a conflict, error or discrepancy
in the Contract D()CUJ11ents, CONTRACTOR shall so
notify the ENGINEER. in writing, at once and before
proceeding with the Work affected thereby sbal1 obtain
a written interpretation or clarification. In resolving
conflicts resulting from eums or discrepancies in any of
the Contract Documents, the order of precedence shall
be as follows:
1. Change Order
2. Addenda
3. Agreement
4. Proposal
S. Supplemental General ~onditions
6. Invitation to Bid
7. Ins1;tudions to Bidders
8. General Conditions
9. Technical Specifications
10. ContraCt Drawings
a. Dimensions
b. Full Size Details
c. Full Size Drawings
The captions or subtitles of ~e several articles and
divisions of these ContraCt Documents constitute no
part of the context and hereof, but are only labels to
assist in locating and reading the provisions hereof.
AMENDING AND SUPPLEMENTING
CONTRACT DOCUMENTS:
3.4. The ContraCt Documents may be amended
to provide for additions, deletions and revisions in the
Work or to modify the termS and conditions thereof in
one or more of the following ways:
3.4.1. a fonnal Written Amendment.
3.4.2. a Change Order (pursuant to
paragraph 10.4), or
3.4.3. a Work Directive Change
(pursuant to paragraph 10.1).
AJ indicated in paragraphs 11.2 and 12.1, Contract
Price and ContraCt Tune may only be changed by a
Change Order or by a Written Amendment.
3.5. In additio~ the requirements of the
Contract Documents may be supplemented, and minor
variations and deviations in the Work may be
authorized, in one or more of the fonowing ways:
3.5.1. a Field Order (pursuant to
paragraph 9.5)
3.5.2. ENGINEER'S approval of a
Shop Drawing or sample (pursuant to paragraphs
6.26 and 6.27), or
3.5.3. ENGINEER'S written
interpretation or clarification (pursuant to
paragraph 9.4).
REUSE OF DOCUMENTS:
GC-s
3.6. Neither CONTRACTOR nor any
Subcontractor or Supplier or other person or
organization performing or furnishing any of the Wark
under a direct or indirect contraCt with the CITY shall
have or acquire any tide to or ownership rights in any of
the ContraCt Documents, drawings, technical
specifications or other documents used on the work;
and, they shall not reuse any of them on extensions of
the Project or any other project without prior written
consent of the CITY and ENGINEER.
ARTICLE 4 . AVAILABILITY OF LANDS;
PHYSICAL CONDmONS; REFERENCE
POINTS
AVAILABILITY OF LANDS:
4.i. The CITY' shall furnish, as indicated in
the Contract Documents, the lands upon which the
Work is to be performed. rights-of-way and easements
for access thereto and such other lands which are
designated for the use of CONTRACTOR. Easements
for permanent strUctures or permanent changes in
existing facilities will be obtained and paid for by the
CITY, unless otherwisC provided in. the- Contract
Documents. If CONTRACTOR believes that any delay
in the CITY'S furnishing these lands, rights-of-way or
easements entitles CONTRACI'OR to an extension of
the Contract llDle, CON1RACI'OR may make a claim
therefor as provided in Article 12. CONTRACTOR
shall provide for all additional lands and access thereto
that may be required for temporary construction
facilities or storage of materials and equipment.
4.1.1. Occupying Private Land: The
Contractor shall not (except after written consent
from the proper parties) enter or occupy with
men, tools, equipment or materials, any land
outside the rights-of-way or property oftbe Oty.
A copy of the written consent shall be given to
the CITY.
4.1.2. Work in State, County and
City Rights-of-Way and Easements: When the
Work involves the installation of sanitary
sewers, storm sewers, drains, water mains,
manholes, underground struCtureS, or other
disturbances of existing features in or across
street, rights-of-way, easements, or other .
property, the CONTRACI'ORsball (as the Work
progresses) promptly back-fiJI, compact. grade
and otherwise restore the disturbed area to a
basic condition which will permit resumption of
pedestrian or vehicular traffic and any other
critical activi~ or function consistent with the
original use of the land Unsightly mounds of
earth. large stones, boulders, and debris shall be
removed so that the site presents a neat
app~arance.
4.1.3. Worlc Adjacent to Telephone,
Power, Cable TV and Gas Company Structures:
In all cases where Work is to be perf<mned near
telephone, power, water, sewer, drainage, cable
TV, or gas company facilities, .the Contractor
shall provide written notification to the
respective companies of the areas of which
Work is to be performed, prior to the actual
performance of any Work in these areas.
4.2.2. Existing StructureS: Where .
applicable, reference is made to the technical
. . specifications, for identification of those
drawings of physical conditions in or relating to
existing surface and subsurface strUcwres
(except Underground Facilities referred to in
paragraph 4.3.1) which are at or contiguous to
the site that have been utilized by ENGINEER. in
preparation of the Contract Documents.
CONTRACI'OR may rely upon the general
accuracy of the technical data contained in such
drawiIigs, but not for the completeness thereof
for CONTRACTOR'S purposes including, but
not limited to, any aspects of the means,
methods, techniques, sequences and procedures
of construction to be employed by
CONTRACI'OR and safety precautions and
programs incident thereto. Except as indicated
in the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full
responsibility with respect to physical conditions
in or relating to such structures. However,
where the dimeDSions and locations of existing
structures are of critical importance in the
installation or connection of nevi work, the
CONTRACI'OR shall verify such dimensions
and locations in the field before the fabrication
of any materials or equipment which is
dependent on the correctness of such
information. There shall be no additional cost to
the CITY for CONTRACTORS failure to verify
such dimensions and locations, or for inaccurate'
verifications by CONTRACTOR.
4.2.3. Report, of Differing
Conditions: If CONTRACTOR believes that
4.1.4. Use of Public Streets: The use
of public streets and alleys sba1l be such as to
provide a minimlJm of ~con"enience to the
public and to other vehicular and non-vehicular
traffic. Any earth or excavated material spilled
from trucks shall be removed by the
CONTRACTOR and the streets cleaned to the
satisfaction of the CITY, the ENGINEER, the
Florida Department of Transportation, or other
agency or governmental entity having
jurisdiction, as applicable.
PHYSICAL CONDmONS:
4.2.3.1. Any technical data .
on which CONTRAcrOR is entitled to
rely as provided in paragraphs 4.2.1 and
4.2.2 is inaccurate, or
4.2.3.2. Any physical
condition uncovered or revealed at the
site differs materially from that
indicated, re:t1ected or referred to in the
Contract Documents, CONTRAcrOR
shall, promptly after becoming aware
thereof and before performing any Work
in connection therewith (except in an
emergency as permitted by paragraph
6.22.1), DOtify the CITY and the
ENGINEER in writing . about the .
ipaccuracy or difference.
4.2.4. ENGINEER'S Review:
ENGINEER will promptly review the pertinent
conditions, detennine the necessity of obtaining
additional explorations or tests with respect
thereto and advise the CITY in writing (with a
copy to the CONTRA-crOR) ofENGINEER'S
findings and conclusions.
Underground Facilities during
construction, for the safety and
protection thereof as provided in
paragraph 6.20, and repairing any
damage thereto resulting from the Wark,
the cost of all. of which will be
considered as having been included in
the ContraCt Price~
4.3.1.1. The CITY and
ENGINEER shall not be responsible for
the accurai:y. or completeness of any
such information or data; and,
4.3.1.3. All water pipes,
sanitary sewers, storm drains, force
mains, gas mains, or other pipe,
telephone or power cables or conduits,
pipe or conduit casings, curbs,
sidewalks, service lines. and all other
obstructions, whether or not shown,
shall be temporarily removed from or
supported across utility line excavations.
. Where it is nece5Sm:y to temporarily
interrupt services, the C9NTRACfOR
shall notify the owner or occupant of
such facilities both before the
interruption and again immediately
before service is resumed.. Before
disconnecting any pipes or cables, the
CONTRAcrOR sbal1 oblain pennission
from their owner, or shall make suitable
arrangements for th~ir disconnection by
their owner. The CONTRAcrOR shall
be responsible for any damage to any .
such pipes, conduits or cables, and shall
restore them to service promptly as soon
as the Work has proeressed past the
point involved. Approximate locations
of known water, sanital}', drainage,
natural gas, power, telephone and cable
TV installations along the route of new
pipelines or in the vicinity of new work
are shown. but are to be verified in the
field by the Contractor prior to
performing the work. ~e
CONTRACfOR shall uncover these
pipes, ducts, cables, etc., carefully, by
hand prior to installing his Work:. Any
discrepancies or differences found shall
be immediately brought to the attention
of the ENGINEER in order that
necessary changes may be made to
pennit installation of the W~k.
4.3.2. If an Underground Facility is
uncovered or revealed at or contiguous to the
site which was Dot shown, nor located by the
facilities owner and which CONTRACl'OR
could not reasonably have been expected to be
4.2.5. Possible Document Change:
If ENGINEER concludes that there is a material
error in the ContraCt Documents or that because
of newly discovered conditions a change in the
ContraCt Documents is required, a Work
Directive Change or a Change Order will be
issued as provided in Article 10 to reflect and
document the consequences of the inaccuracy or
difference.
4.2.6. Possible Price and llDle
Adjustments: In each such case, an increase or
decrease in the ContraCt Price or an extension or
shortening of the ContraCt Tune, or any
combination thereof, will be allowable to the
extent that they are attributable to any such
inaccuracy or difference. If the CITY and.
CONTRACfOR are unable to agree as to the
amount or length thereof, a claiDi"may. be made
therefore as provided in Article 11 and 12.
PHYSICAL cOrmmONS . UNDERGROUND
FACILITIES:
43.1. The information and data
shown or indicated in the ContraCt Documents
with respect to existing Underground Facilities
at or contiguous to the site is based on
information and data furnished to the CITY or
ENGINEER by the owners of such Underground
Facilities or by others.
aware of, CONTRACTOR shall. promptly after
becoming aware thereof and before performing
any Work affected thereby (except in an
emergency as permitted by paragraph 6.22.1),
identify the owner of such Underground Facility
and give written notice thereof to that owner and.
to the CITY and the ENGINEER. The
ENGINEER will promptly review the
Underground Facility to determine the extent to
which the ContraCt Documents should be
modified to reflect and docum~nt the
consequences of the existence of the
Underground Facility, and .the Contract
Documents will be amended or supplemented to
the .exteDt necessary. During such time,
CONTRACI'OR shall be responsible for the
safety and protection' of such Underground
Facility as provided in paragraph 6.20.
4.3.3. CONTRACI'OR shall only be
allowed an increase in the Contract Price or an
extension of the ContraCt Time, or both. to the
extent that they are attributable to the existence
of any such Underground Facility
CONlRACfOR could not reasonably have been
expec~ to have been aware of. If the parties
are amble to agree as to the amount or length
thereof, CONTRAcrOR may make a claim
therefor as provided in Articles 11 and 12.
REFERENCE POINTS:
4.4. The CITY shall provide engineering
surveys to establish reference points for construction
which in ENGINEER'S judgment are necessary to
enable CONTRACI'OR. to proceed with the W orle.'
CONTRACTOR sbal1 be responsible for laying out the
Work (unless otherwise specified in the General
Requirements). shall protect and preserve the
established reference points and shall make no changes
or relocations without the prior written approval of the
CITY. The CONTRACTOR shall report to the
ENGlNEER whenever any reference point is lost or
destroyed or requires relocation because of necessary
changes in grades or locations, and shall be responsible
for the accurate replacement or relocatioD. of such
reference points by professionally qualified personnel
ARTICLE 5 . BONDS AND INSURANCE
BONDS:
GC-8
5.1. CONTRACTOR shall upon delivery of
the executed Agreement to the CITY furnish
Performance and Payment Bonds, each in aD amount at
least equal to the Contract Price as security for the
faithful performance and payment of all
CONTRAcrOR'S obligations under the Contract
Documents. These Bonds shall remain in effect at least
until one year after the date when final payment
becomes due, except as otherwise provided by Law or
Regulation or by the Contract Documents.
CONTRAcrOR sball also furnish such other Bonds as
are required by the Supplementary Conditions The form
and conditions of the Bonds and the Surety shall be
acceptable and satisfactory to the CITY and Surety
shall be a nationally recognized Surety Company
acceptable to the CITY, listed on the CUI1'ent list of
"Companies Holding Certificates of Authority as
Acceptable Sureties .on Federal Bonds and Acceptable
Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of Government
Financial Operations, V~S. Treasury Department. for
projects not exceeding ($500,000) five hundred
thousand doU~ and meet the other requirements of
Florida Statutes Section 287.0935 (1989). For proj~
exceeding five hundred thousand dollars, all bonds shall
be placed with sureties with a Best Rating of no less
than A-IX. Bonds shall be executed and issued by a
resident agent, licensed and having an office in Florida,
representing such corporate SlD'eties. If the
CONTRAcrOR is a partnership, the Bond should be
signed by each of the individuals who are partners; if a
corporation, the Bond should be signed in the correct
corporate name by duly authorized officer,. agent or
attorney-in-fact. There should be executed an
appropriate number of counterparts of the bond
corresponding to the number of counterparts in the
COIllraCt. Each executed bond should be accompanied
by (a) appropriate acknowledgment of the respective
parties; (b) appropriate duly certified copy of Power -of-
Attorney or other certificarion of authority where bond
is executed by ascot, officer or other representative of
Contractor or Surety; (c) duly certified extract from by-
laws or resolutions of Surety under which Power-of-
Attorney, or other certificate of Authority of its agent.
officer or representative was issued.
5.2. If the surety on any Bond furnished by
CONTRAcrOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the
state of Florida or it ceases to meet the requirements of
paragraph 5.1., CONTRAcrOR shall within five days
tbereafter substitute another Bond and Surety, both of
which must be in conformance with paragraph 5.1.
CONTRACTOR'S INSURANCE:
5.3. General: CONTRACI'OR shall
purchase and. maintain such comprehensive general
liability and other insurance as is appropriate for the
. Work being performed and furnished and as will
provide protection from claims set forth below which
may arise out of or result from CONTRAcrOR'S
performance and furnishing of the Work and
CONTRACTOR'S other obligations WIder the Contract
Documents, whether it is to be performed or furnished
by CONTRACTOR, by any Subcontractor, by anyone
directly or indirectly employed by ~y of them to
perform or fmnish any of the Wort, or by anyone for
whose acts any of them may be liable. Before starting
and during the term of this Contract, the
CONTRACTOR shall procure and maintain insurance
oftbe types and to the limits specified in paragraph 5.4,
inclusive below.
5.4. Coverage: Except as otherwise stated,
the amounts and types of insurance shal1 confonn to the
following miniinum requirements:
" 5.4.1. Workers' Compensation.
Coverage to apply for all employees for
Statutory Umi~ in compliance with the
applicable State and Federal laws.
CONTRACTORshall require all subcontraCtOrs
to maintain. workers compensation during the
term of the agreement and up to the date of final
acceptance. CONTRACTOR shall defend,
indemnify and save the CITY and ENGINEER
hannIess from any damage resulting to them for
. failure of either CONTRACTOR or any
subcontractor to take out or maintain such
insurance.
5.4.1.1. Employers'
Liability with Statutory Limits of
$100,000/$500,000/$100,000.
5.4.1.2. Notice of
Cancellation and/or Restriction. The
policy must be endorsed to provide the
City with thirty (30) days' written notice
of cancellation and/or restriction.
5.4.1.3. If any operations
are to be undertaken on or about
navigable waterS, coverage must be
included for the U.S. Longshoremen and
Harbor Workers Act andlor Jones Act if
applicable.
GC-9
5.4.2. Comprehensive General
Liability or Commercial General Liability
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability Policy or
Commercial General Liability filed by the
Insurance Services Office, and must include:
5.4~.1. Minimum Limits of
total coverage shall be $1,000,000.00
per occurrence combined single limit for
Bodily Injury Liability and Propeny
Damage Liability, the basic policy to be
in said form with any excess coverage
(and the carrier) to meet $1,000,000.00
minimum to be acceptable to the CITY.
5.4.2.2. Premises and/or
Operations.
5.4.2.3. Independent
Contractor.
5.4.2.4. Products and/or
Completed Operations.
CONTRACTOR shall maintain in force
until at least three (3) years after
completion of all services required
under the Con~ coverage for
products and completed operations,
including Broad FODD Property Damage.
5.4.2.5. XCU Coverages.
5.4.2.6. Broad Form
Property Damage including Completing
Operations.
5.4.2.7. .Broad Form
Contractual Coverage applicable to this
specific ContraCt, including any hold
harmless and/or indemnification
agreement.
5.4.2.8. Personal Injury
coverage with employees and
contraetU8l exclusions removed.
5.4.2.9. Additional Insured.
The CITY is to be specifically included
as an additional insured (including
products).
5.4.2.10. Notice of
Cancellation and/or Restriction. The
policy must be endorsed to provide the
City with thirty (30) days' written notice
of cancellation and/or restriction.
5.4.2.11. The
CONTRAcrOR shall either require
each subcontractor to procure and
maintain, during the life of the
subcontraCt, insurance of the type and in
the same amounts specified herein or
insme the activities of subcontractors in
his own insurance policy.
5.4.3. Business A~to Policy.
Coverage must be afforded on a form no more
restrictive than the latest edition of the Business
Auto Policy filed by the Insurance Service
Office and must include:
5.4.3.1. ~U[D IUIdt of
$1,000,000.00 per oceumnce combined
single limit for Bodily Injmy Liability
and Property Damage Uability.
5.4.3.2. Owned Vehicles.
5.4.3.3. Hired and Non-
Owned Vehicles
5.4.3.4. Employee Non-
Ownership
5.4.3.5. Notice of
Cancellation and/or Restriction. The
policy must be endorsed to provide the
City with thirty (30) days'written notice
of cancellation and/or restriction.
5.4.4. All Risk Property Insurance-
When Applicable. Coverage must include real
and personal property and in an amount equal to
the replacement cost of all real and personal
property of the CITY'S for which the
CONTRAcrOR is responsible and over which
be exercises control. Builders Risk insurance
must be provided to cover Property under
construction and an Installation Floater must
cover all machinery. vessels, air conditioners or
electric generatorS to be installed. This
insurance shall include a waiver of subrogation
as to the ENGINEER, the CITY, the
CONTRAcrOR, and their respective officers,
agents. employees, and subcontractors.
GC-IO
5.4.4.1. Coverage to be
provided on a full replacement cost
basis.
5.4.4.2. Losses in excess of
ten thousand dollars ($10,000) shall be
joindy payable to the CONTRACl'OR
and the CITY.
5.4.4.3. Waiver of
occupancy clause or wammty. Policy
must be specifically. endorsed to
eliminate any "Occupancy Clause" or
similar warranty or representation that
the building(s), addition(s) or
structure(s) will not be occupied by the
CITY.
5.4.4.4. Maximum.
Deductible - $5,000 each claim.
5.4.4.5. Copy of Policy. A
certified copy of the policy must be
provided to the CITY prior to the
commencement of work.
5.4.4.6. Named Insmed.
The CITY must be included as a named
insured.
5.4.4.7. Notice of
Cancellation and/or .Restriction. The
policy must be endorsed to provide the
City with thirty (30) days written notice
of cancellation and/or restriction.
5.4.4.8. Flood Insurance.
When the buildings or structureS are
located wirbin an identified special flood
. hazard area, flood insurance protecting
the interest of the CONTRACTOR and
the CTY must be afforded for the lesser
of the total insurable value of such
buildings or strUCtures. or, the maximum
amount of flood insurance coverage
available under the National Flood
Program.
5.4.5. A Best Rating of no less than
A - vm is required for any carriers providing
coverage required under the tmDS of this
Contract. Failure to comply with the insurance
requirements as herein provided shall CODStib1te
default of this Agreement. .. Neither
CONTRACTOR or any subcontractor shall
commence work under the ContraCt until they
have all insurance required under this Section
and have supplied the CITY with evidence of
such coverage in the form of certified copies of
polici~ (where required) and certificates of
insurance, and suet! policies and certificates have
been approved by the CITY. CONTRAcrOR
shall be responsible for and shall obtain and file
insurance certificates on behalf of its
. subcontractors. All certified copies of policies
and certificates of insurance shall be filed with
the CITY.
ARTICLE 6
RESPONSmn.ITIES
CONTRACTOR'S
SUPERVISION AND SUPERINTENDENCE:
6.1. The CONTRAcrOR has the obligation
to deliver to the CITY the completed job in a good and
worlcmanlike condition. CONTRACfOR shall
supervise and direct the Wark completely and
efficiently, devoting such attention thereto and applying
such skills and expertise as may be necess31')' to
perform the Work in accordance with the Contract
Docunients. CONTRACfOR shall be solely
responsible for the means, methods, techniques,
sequences and procedures of construction, but
CONTRAcrOR shall not be responsible for the
negligence of others in the design or selection of a
specific means, method, technique, sequence or
procedure of constrUCtion which is required by the
Contract Documents. CONTRACTOR shall be
responsible to see that the finished Work complies
accurately with the Contract Documents. The
CONTRAcrOR shall bear all losses resulting on
account of the weather, tire, the elements, or other
causes of every kind or nature prior to Fmal
Acceptance. The supervision of the execution of this
contract is vested wholly in the CONTRACTOR.
6.2. The superintendent will be
CONTRAcrOR'S representative at the site and shall
have authority to act on behalf of CONTRAcrOR. All
communications given to the superintendent shall be as
binding as if given to CONTRACTOR.
by the Contract Documents. CONTRAcrOR shall at
all times maintain good discipline and order at the site.
Except in connection with the safety or proteCtion of
persons or the Work or property at the site or adjacent
thereto. and except as otherwise inencated in the
Contract Documents, all Work at the site shall be
perfonned during regular working hours, and
CONTRACTOR will not permit overtime work or the
performance of Work on Saturday, Sunday or any legal
holiday without the CITY'S written consent (which
shall not be unreasonably withheld) given after prior
written notice to ENGINEER. The CON"rRAcrOR is
hereby informed, and understands that unless otherwise
approved by the City, the City restricts the work
between the hours of 5:00 p.m. and 8:00 a.m., unless
emergency conditions exist that ~ endangering life or
property as may be determined by the CITY. If the
CONTRACTOR is authorized to operate equipment
twenty-four (24) hours per day, the engines shall be
provided with residential type silencers approved by the
CITY.
6.3.1 The CONI'RACfOR shall
receive no additional compensation for overtime
worle. However, additional compensation will
be paid to the CONTRACTOR for overtime
work only in the event extra work is ordered by
the ENGINEER and the change order
specifically authorizes the use of overtime work
and then only to such. extent as overtime wages
are regularly being paid by the CONTRACTOR
for overtime work of a similar nature in the same
locality.
6.3.2 All costs of inspection and
testing performed by the CITY dming overtime
work by the CONI'RACI'OR which.is allowed
solely for the convenience of the
CONTRACTOR shall be borne by the
CONTRACTOR. The CITY shall have the
authority to deduct the cost of all such inspection
and testing from any partial payments otherwise
due to the CONTRACfOR. For all work
performed on holidays and weekends a fee of
$250 per day will be charged to the
CONTRACTOR, to cover the cost of Largo
Engineering Inspectors. Notice must be
submitted at least two whole working days prior
to subsequent holiday and/or weekend.
LABOR, MATERIALS AND EQUIPMENT;
HOURS OF WORK: 6.4. Unless otherwise specified in the
General Requirements, CONTRAcrOR shall furnish
6.3. CONTRACTOR shall provide and assume full responsibility for all materials,
competent, suitably qualified personnel to survey and equipment, labor, tranSportation, construction
layout the Work and perform construction as required equipment and machinery, toOls, appliances, fuel,
GC-ll
power, light, heat, telephone, water, sanitary facilities,
temporary facilities and all other facilities and
incidentals necessary for the furnishing, performance,
testing, start-up and final completion of the work.
6.5. All materials and equipment shall be of
good quality and new, except as otherwise provided in
the Contract Documents. If required by ENGINEER,
CONTRAcrOR shall fumishsatisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected,
erected, used, cleaned. and conditioneq in accordance
with the instructions of the applicable Supplier except
as otherwise provided in the Contract Documents; but
no provision of any such instructions will be effective
to assign to the CITY, ENGINEER. or any of the
CITY'S or ENGINEER'S consultants, agents or
employees, any duty or authority to supervise or direct
the furnishing or performance of the Wark or any duty
or authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
ADJUSTING PROGRESS SCHEDULE:
6.6. CONTRACfOR shall subinit to
ENGINEER for review and conmient (to the extent
indicated in paragraph 2.9) adjustments in the progress
schedule to reflect the impact thereon of new
developments; these will conform generally to the
progress schedule then in effect and additionally will
comply With any provisions of the General
Requirements applicable thereto.
SUBSTITUTFS OR. "OR-EQUAL" ITEMS:
6.7.1. The technical specifications
shall govern the use of substitute or "or-cqual"
items. The procedure for teview by ENGINEER
will include the following as supplemented in the
technical specifiCations. Requests for review of
substitute items of material and equipment will
not be accepted by ENGlNEER. from anyone
other than CONTRACI'OR. If CONTRACTOR
wishes to furnish or use a substitute item of
material or equipment, CONTRAcrOR shall
make written application to ENGINEER. for
acceptance thereof, certifying that the proposed
substitute will perform equally or better the
functions and achieve the results called for by
the general design. be similar and of equal
substance to that specified and be suited to the
same use as that specified. The application will
state that the evaluation and acceptance of the
proposed substitute will not prejudice
GC-12
. CONTRAcrOR'S achievement of Substantial
Completion on time, whether or not acceptance
of the substitute for use in the Wark will require
a change in any of the Contract Documents (or in
the provisions of any other direct contract with
the CITY for work on the Project) to adapt the
design to the proposed substitute and Whether or
not incorporation or use of the substitute in
connection with the Work is subject to payment
of any license fee or royaltY. Ail variations of
the proposed substitute from that specified will
be identified in the application and available
maintenance, repair and replacement service will
be indicated. The application will also contain
an itemized estimate of all costs that will result
directly or indirectly from acceptance of such
substitute, including costs of redesign and claims
of other contracton affected by the resulting
change, all of which shall be considered by
ENGINEER in evaluating the proposed
substitute. ENGINEER may require
CONTRACTOR to fUrnish at CONlRAcrOR'S
expense additional data about the proposed
substitute.
6.7.2. If a specific means, method,
technique, sequence or procedure of construction .
is indicated in or required by the Contract
Documents, CONTRAcrOR may furnish or
utilize a substitute means, method, sequence,
technique or procedure of conslIUction
acceptable to ENGINEER. if CONTRACTOR
submits sufficient information .to allow
ENGINEER to determine that the substitute
proposed is equivalent to that indicated or
required by the ContraCt Documents. The
procedure for review by ENGINEER will be
similar to that provided in paragraph 6.7.1 as
applied by ENGINEER and as may be
supplemented in the Technical Specifications.
6.7.3. ENGINEER will be allowed a
reasonable time within which to evaluate each
. proposed substitute. ENGINEER. will be the
sole judge of acceptability, and no substitute will
be ordered, installed or utilized without
ENGINEERS prior written acceptance which
will be evidenced by either a Change Order or an
approved Shop Drawing. The CITY may
require the CONTRAcrOR to furnish at
CONTRACTOR'S expense a special
peIformance guarantee or other surety with
respect to any substitute.
CONCERNING SUBCONTRACTORS,
SUPPLIERS AND OTHERS:
6.8.1. CONTRACl'OR shall not
employ any Subcontractor. Supplier or other
person or organization (including tho~
acceptable to the OTY and the ENGINEER as
indicated in paragraph 6.8.2), whether initially or
as a substitute, against whom the CITY or the
ENGlNEER may have reasonable objection.
CONTRAcrOR shall not be required to employ
any Subcontractor, Supplier or other person or
organization to furnish or perf<?ml any of the
Work against whom CONTRACI'OR bas
reasonable objection.
6.8.2. If the Technical Specifications
or Contract Documents require the identity of
..certain Subcontractors, Suppliers or other
persons or organizations (including those who
are to furnish the principal itemS of materials and
equipment) shall be submitted to the CITY for
acceptance by the CITY and ENGlNEER. and if
CONTRAcrOR bas submitted a list thereof, the "
CITY or ENGINEER'S acceptance (either in
writing or by failing to make written objection
thereto by the date indicated for acceptance or
objection in the bidding documents or the
Contract Documents) of any such Subcontractor,
Supplier or other person or .organization so
identified may be revoked on the basis of
reasonable objection after due investigation, in
which case CONTRACI'OR shall submit an
acceptable substitute. If after bid openi;ng and
prior to the award of the contract, the CITY
objects to certain suppliers or subcontractOrS, me
CITY may permit CONTRAcrOR to submit an
acceptable substitute so long as there is no
change in the contract price or contract time. If
the contract price or contract time is increased,
the CITY may return the bid bond and award the
contract to the next qualified. competent bidder.
If after the award of the contraCt, the CITY
objectS to certain suppliers or subcontractOrS, the
CITY shall permit CONTRACI'OR to make an
appropriate and acceptable substitution which is
also acceptable to the CITY. No. acceptance by
the CITY or the ENGINEER. of any such
Subcontractor, supplier or other person or
organization shall constitute a waiver of any
right of the CITY or ENGINEER to reject
defective Work.
and omissioDS of the Subcontractors, Suppliers and
other persons and organizations performing or
furnishing any of the Work under a direct or indirect
contract with CONTRAcrORjust as CONTRAcrOR
is responsible for CONTRACTO~ 'S own acts and
omissions. Nothing in the Contract Documents shall
create any contractual relationship between the CITY or
the ENGINEER and any such SubcontraCtor. Supplier
or other person or organization, nor shall it create any
obligation on the part of the CITY or ENGINEER to
payor to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations.
6.10. The divisions and sections of the
Technical Specifications and the identifications of any .
Drawings shall not control CONTRAcrOR in dividing
the Work among Subcontractors or Suppliers or
delineating the Work to be performed by any specific
trade.
6.11. All Work performed for
CONTRACI'OR by a Subcontractor will be pursuant to
an appropriate agreement between CONTRAcrOR and
the Subcontractor which specifically binds the
Subcontractor to the applicable terms and conditions of
the Contract Documents for the benefit of the CITY and
the ENGINEER.
PATENT FEES AND ROYALTIES:
6.12. CONTRACTOR sbali pay all license
fees and royalties and assume all costs incident to the
use in the perfoanance of Work or the incorporation in
the Work of any invention, desipl. process, product or
device which is the subject of patent rights. or
copyrights held by others. If a particular invention,
design, process, product or device is specified in the
Contract Documents for use in the performance of the
Work and if to the actual knowledge of the CITY or
ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty. to other, the existence of such rights shall be
disclosed by the crrY in the ContraCt Documents.
CONTRACfOR shall indeiDnify, defend and hold
harmless the CITY and anyone directly or indirectly
employed by the Cl1Y from and against all claims,
damages? losses and expenses (including attorney's fees
and court costs) arising out of any claims of an
infringement of patent rights, copyrights, trade marks
trade secrets or proprietary information incident to the
use in the performance of the WOIk or resulting from
6.9. CONTRACI'OR shall be fully the incorporation in the Work of any invention. design.
responsible to the CITY and ENGlNEER for all acts process, product or device not specified in the ContraCt
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Documents, and shall defend all such claims .in
connection with any alleged infringement of such rights.
This indemnification provision shall survive the
termination of this agreement.
PERMITS:
6.13. CONTRAcrOR shall obtain and pay for
all construction permits and licenses. The CITY shall
assist CONTRACTOR, when necessary, in obtaining
such permits and licenses. CONTRActOR sball pay
all governmental charges and inspection fees necessary
for prosecution of the Work. which are ~plicable at the
time of opening of Bids. There will be no cost for
permits issued by the CITY. CONTRACTOR shall pay
all charges of utility for connections to the Wark, and
the CITY shall pay all charges of such utility owners for
capital costs related thereto such as plant investment
fees.
LAWS AND REGULATIONS:
6.14.1. CONTRACTOR shall give all
notices and comply with all laws, ordinances,
rules and regulations applicable to furnishing
and performance of the Work. Except where
.otherwise expressly required by applicable laws,
ordinances, . rules and. regulations, neither the
CITY nor the ENG:NEER shall be responsible
for monitoring CONTRACTOR'S compliance
with any Laws, ordinances, rules or regulations.
6.14.2. If CONTRAcrOR observes
that the Specifications or Drawings are at
variance with any laws, ordinances, rules or
regulations, CONTRACTOR shall give CITY
and ENGINEER prompt, written notice thereof,
and any necessary changes will"be 9:Uthorized by
one of the methods indicated in Paragraph 3.4.
If CONTRACTOR performs any Work
knowing or having reason. to know that it is
contrary to such laws, ordinances, rules or .
regulations, and without such notice to the CITY
and ENGINEER. CONTRAcrOR shall bear all
costs arising therefrom; however, it shall not be
CONTRACTOR'S primary responsibility to
make certain that the. Specifications and
Drawings are in accordance With such laws,
ordinances, rules and regu1a~oDS.
TAXES:
ordinances and regulations of the place of the Project
which are applicable during the performance of the
Work.
USE OF PREMISES:
6.16. CONTRACTOR shall confine
construction equipment, the storage of materials and
equipment and the operations of workers to the project
site and land and areas identified in and permitted by
the Contract Documents and other land and areas
pemrlned by laWS, ordinances, and regUlations, rights-
of-way, permits and easements, and shall not reasonably
encumber the premises with construction equipment or
other materials or equipment. CONTRACfOR shall
assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof or of
any land or areas contiguous thereto, resulting from the
performance of the Work. ShoUld any claim be made
against the OTY or ENGINEER by any such owner or
occupant because of the performance of the Work.
CONTRACTOR shall promptly attempt to settle with
such other party by agreement or otherwise resolve the
claim. CONTRACTOR sball, to the. fullest extent
permitted by laws and regulatioDS, indemnify, defend
and hold the CITY and ENGINEER harmless from and
against all claims, damages. losses and. expenses
(including, but not limited to, fees of engineen,
architects, attorneys and other professionals and cowt
costs) arising directly, indiIect1y or consequentially out
of any actiOD, legal or equitable, brought by any such
other party against the CITY or ENGINEER. to the
extent based on a claim arising out of
CONTRACTOR'S performance of the Work. This
indemnification provision shall survive the termination
of this agreement.
6.17. During the progress of the Work.
CONTRAcrOR shall keep the premises free from
accumulations of waste materials, rubbish and other
debris resulting from the Work. At the completion of
the Work. CONTRACTOR shall remove all waste
materials. rubbish and debris from and about the
premises as well as all tools, appliances, construction
equipment and machinery, and surplus materials, and
sba1I leave the site clean and ready for occupancy by the
CITY.. CONTRACTOR sball restore to original
condition all property not designated for alteration by
the Contract Documents.
6.18. CONTRACTOR shall not load nor
permit any part of any strUCtUre to be loaded in any
manner that will endanger the strUCture, Dor shall
CONTRACTOR subject any part of the Work or
adjacent property to stresses or presSures that will
endanger it.
RECORD DOCUMENTS:
6.19. CONTRACTOR shall maintain in
accordance with the Tcclmical Specifications in a safe
place at the site one record copy of all Drawings,
SpecificatioDS. Addenda, Written Amendments. Change
Orders. Work Directive Changes, Field Orders, and
written interpretations and clarifications (issued
pursuant to paragraph 9.4) in good order and annotated
to show all changes made during construction. The
record documents together with all approved samples
and a counterpart of all approved Shop Drawings will
be available to the ENGINEER for reference. Upon
completion of the W orIc. these record documents,
samples, and Shop Drawings will be delivered to
ENGINEER for the CITY.
SAFETY AND PROTECTION:
6.20. CONI'RACTOR shall be respoDSlble for
initiating, maintaining and supervising all safety
precautions "and programs in connection with the Wo~
CONTRACTOR shall take all necessary precautions
for the safety of,. and shall provide the necessary
proteCtion to prevent damage, injury or loss to:
6.20.1. all employees on the Work
and oth~ persons and orga1117.;:1tlons who may be
affected thereby;
6.20.2. all the Work and materials and
equipment to be incorporated therein, whether in
storage on or off the site; and
6.20.3. o$er property at the site or
adjacent thereto, including trees, shrubs. lawns.
walks, pavements. roadways, structures, utilities
and Underground Facilities not designated for
removal. relocation or replacement in the course
of construction. CONTRACTOR shall comply
with all applicable laws, ordinances, rules and
regulations . of any public body having
jurisdiction for the. safety of persons. or property
or to protect them from damage, injurY or loss on
or off the Work and sball erect and maintain all
necessary safeguards for such safety and
protection. CONI'RACTOR sball notify owners
of adjacent property and of Underground
Facilities and utility owners when prosecution of
the Work may affect them. and sbaI1 cooperate.
with them in the proteCtion. removal. relocation
and replacement of their property. All damage,
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injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused. directly or
indirectly, in whole or in part.. by
CONTRACTOR. any Subcontractor, Supplier or
any other person or organization directly or
indirectly employed by any of them to perfOIm.
or furnish any of the Work for anyone for whose
acts any of them may be liable, shall be
remedied by CONIRACTOR (except damage or
loss attributable to the fault of Drawings or
Specificarlons or to the acts or omissions of the
CITY or the ENGlNEER or anyone employed
by either of them or anyone for whose acts either
of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the
fault or negligence of CONTRACTOR).'
CONTRACTOR'S duties and responsibilities for
the safety and protection of the Work shall
continue until such time as all the Wort is
completed and ENGINEER has issued a notice
to the mY and CONTRACIOR in accordance
with paragraph 14.13 that the Work is acceptable
(except as otherwise expressly provided . in
connection with Substantial Completion).
The safety provisions of applicable laws and
building and constrUction codes shall be
observed and the Contractor shall take or cause
to be taken such additional safety and health
measures as the Local Public Agency. involved
inay determine to be reasonably necessary.
Machinery, equipment and all hazards shall be
guarded in accordance With the safety provisions
of the "Manual of Accident Prevention in
Construction" as published by the Associated
General Contractors of America, Inc., to the
extent that such provisions are not in conflict
with applicable laws.
The Contractor shaD maintain an accurate record
of all cases of death, occupational disease, or
injury requiring medical attention or causing loss
of time from work. arising out of an and in the
C"ourse of employment on Work under the
Contract. The Contractor shall promptly furnish
the Local Public Agency with reports concerning
these matterS.
6.21. CONTRACTOR shall designate a
responsible representative 8:t the site whose duty shall
be the prevention of accidents. This person shall be
CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to the CITY.
EMERGENCIES AND PRECAUTIONS DURING
ADVERSE WEATHER:
6.22.1. In emergencies affecting the
safety or protection of persons or the Work or
property at the site or adjacent thereto.
CONTRACfOR. without special instruction or
authorization from ENGINEER or the CITY, is
obligated to act to prevent threatened damage,
injury or loss. CONTRAcrOR shall give
ENGINEER prompt written notice if
CONTRACfOR believes that any significant
changes in the Work or variations from the
Contract Documents have been caused thereby.
If ENGINEER. determines that a change in the
Contract Documents is required because of the
action taken in response to'an emergency, a
Work Directive Change Order or Change Order
will be issued to document the consequences of
the changes or variations.
6.22.2. During adverse weather. and
against the possibility thereof. the
CONTRACfOR shall take. all necessary
precautions to ensure thai the Work shall be
done in a good and worbnRn1i1ce condition and
is satisfactory in all respects.. ~en. required.
protection shall be provided by the use of
w:paulins. wood and building paper shelters, or
other acceptable means. Tbe CONTRACI'OR
shall be responsible for all changes caused by
adverse weather, including unusually high winds
and water levels and he shall take such
precautions and procure such additional
insurance as he deems prudent. The
ENGINEER may suspend constn1Ction
operations at any time when, in his judgment. the
conditions are unsuitable or the proper
precautions are not being taken. whatever the
weather or water level c,?nditions may be. in any
seasolL
ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities.
dimensions, specified perfonnance and design criteria.,
materials and similar data to enable ENGINEER to
review the information as required.
6.24. CONTRACI'OR shall also submit to
ENGINEER for review and approval with such
promptness as to cause no delay in Work. all samples
required by the ContraCt Documents. All samples will
have been checked by and accompanied by a specific
written indication that CONTRACTOR has satisfied
CONTRACI'OR'S responsibilities under the Contract
.Documents with respect to the review of the submission
and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for
which intended.
6.25.1. Before submission of each
Shop Drawing or sample CONTRACTOR shall
have determined and verified all quantities,
dimensions, specified performance criteria.
installation requirements, materials. catalog
numbers and similar data with respect thereto
and renewed or coordinated each Shop Drawing
or sample with other Shop Drawings and
samples and with the requirements of the Work
and the Contract Documents.
6.25.2. At the time of each
submission, CONTRAcrOR shall give
ENGINEER specific written notice of each
variation that the Shop Drawings or samples may
have from the requirements of the Contract
Documents, and, in addition shall cause a
specific notation to be made on each Shop
Drawing submitted to ENGINEER for review of
each such variation.
6.26. ENGINEER will review within ten days
of receipt thereof, Shop Drawings. and samples but
ENGINEER'S review will be only for conformance
with the design concept of the Project and for
compliance with the information given in the Contract
6.23. After checking and verifyin~ all field Documents and shall Dot extend to means, methods,
measurements and after complying with applicable techniques. sequences or procedures of construction
procedures specmed in the General Requirements, (except where a specific means, method, technique,
CONTRACTOR shall submit to ENGINEER for sequence or procedure of constrUCtion is indicated in or
review in accordance with the accepted schedule of required by the Contract Documents) or to. safety
Shop Drawing submissions" (see paragraph 2.9), precautions or programs incident thereto. The review
ordinances, rules and all Shop Drawings which. will of a separate item as such will not indicate review of the
bear the stamp that CONTRACI'OR bas satisfied assembly in which the item functions. CONTRACTOR.
CONTRAcrOR'S responsibilities under the Contract shall make cori'ectioDS required by ENGINEER. and
Do~nts with respect to the review of the shall return the required number of corrected copies of
submission. All submissions will be identified as .Shop Drawings .and submit ~ required new samples for
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SHOP DRAWINGS AND SAMPLES:
review. CONIRAC!OR sbaIl direct specific attention
in writing to revisions other than the corrections called
for by ENGINEER on previous submittals.
ENGINEER will review one (1) resubmittal for each"
shop drawing or product data. All costs of reviewing
additional submittals shall be at the CONTRACfOR'S
expense.
6.27. ENGINEER'S review of Shop Drawings
or samples shall not relieve CONTRAcrOR from
responsibility for any variation from the requirements
of the Contract Documents unless CONTRAcrOR has
in writing called ENGINEER'S attention to each such
variation at the time of submission as required by
paragraph 6.25.2 and ENGINEER bas . given written
. approval of each such variation by a specific written
notation thereof incorporated in or accompanying the
Shop Drawing or sample approval; nor will any review
by ENGINEER relieve CONTRACTOR from
responsibility for errors or omissions in the Shop
Drawings or from responsibility for having complied
with the provisions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is
required by the Specifications, any related Work
performed prior to ENGIN'EER'S review and
acceptance of the pertinent submission will be the sole
expense and responsibility of CONTRACTOR.
CONTINUING THE WORK:
6.29. CONTRACTOR shall carry on the Work
and adhere to the progress schedule during all disputes
or disagreements with the CITY. No Work shall be
delayed or postponed. pending resolution of any "
disputes or disagreements. except as permiued. by
paragraph 15.5 or as CONTRACTOR and the CITY
may otherwise agree in writing.
INDEMNIFICATION:
utilized by the ContraCtOr in the performance of this
Agreement. The ContraCtor's liability hereunder shall
include all attorney's fees and costs incumd by the City
in the enforcement of this indemnification provision.
This includes claims made by the employees of the
ContraCtor against the City and the Contractor hereby
waives its entitlement, if any, to immunity under
Section 440.11, Florida Statutes. Such obligations
contained in this provision shall survive termination of
this Agreement.and shall not be limited by the amount
of any insurance required to be obtained or maintained
under this Agreement.
Subject to the limitations set forth in this Section,
Contractor shall asSUJDe control of the defense of any
claim asserted by a third party against the City and, in
connection with such defense, shall appoint lead
counsel. in each case at the Contractor's expense. The
City shall have the right, at its option. to participate in
the defense of any third party claim, ~thout relieving
Contractor of any of its obligations hereunder. If the
Contractor assumes control of the defense of any third
party claim in accordance with this paragraph. the
Contractor shall obtain the prior written consent of the
City before entering into any settlement of such claim.
Notwithstanding anything to the contrary in this
Section. the Contractor shall not assume or maintain
control of the defense of any third party claim, but shall
pay the fees of counsel retained by the City and all
expenses. including experts' fees, if (i) an adverse
determination with respect to the third party claim
would, in the good faith judgment of the City, be
detrimental in any material respect to the City's
reputation; (ii) the third party claim seeks an injunction
or equitable relief against the City; or (ill) tho
Contractor has failed or is failing to prosecute or defend
vigorously the thirIl party claim. Each party shall
cooperate. and cause its agents to cooperate, in the
defense or prosecution of any third PartY claim and
shall furnish or cause to be furnished such records and
information, and attend such conferences. discovery
proceedings, bearings. trials, or appeals, as may be
reasonably requested in connection therewith. It is
further the specific intent and agreement of said parties
that all the Contract Documents on this Project are
bereby amended" to include the foregoing
indemnification. CONTRACI'OR expressly agrees that
it will not claim, and waives any claim, that this article
violates Section 725.06. Florida Statutes or are
unenforceable pursuant to Section 725.06. Florida.
Statutes.
ARTICLE 7 - OTHER WORK
RELATED WORK AT SITE:
7.1. The CITY may perform. other work
related to the Project at the site by the CITY'S own'
forces, let other direct contraCts therefor which shall
contain General Conditions similar to these. If the fact
that such other work is to be perfcmned was not noted
in the ContraCt Documents. written notice thereof will
be given to CONTRAcrOR prior to starting any such
other work; and. if CONI'RAcrOR believes that such
performance will involve additional time and the parties
are unable to agree as to the extent thereof.
CONTRACl'OR may make a claim therefor as
provided in Articles 11 and 12. If the performance. of
additional Work by other Conttactor or the CITY is
noted in the ContraCt Documents, no additional
adjus~nt of time or compensation shall be
considered.
7.2. CONTRACl'OR shall afford each Utility
owner and other conttactors who are a party to such a
direct contract (or the CITY, if the CITY is performing
the additional work with the ClTY'S employees) proper
and safe &CoteSs to the site and a reasonable oppOrtunity
for the inttoduction and storage of materials and
equipment and the execution of such work, and shall
properly connect and coordinate the work with theirs.
CONTRACTOR shall do all cutting, fitting and
patching of the Work that may be required. to make its
several parts come together properly and integrate with
such other work. CONTRACl'OR shall not endanger
any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work
with the written consent of the CITY and ~GINEER
and the others whose work will be affected. The duties
and responsibilities of CONTRACTOR under this
paragraph are for the benefit of the CITY and other
conttactors to the extent that there are comparable
provisions for the benefit of CONTRACTOR in said
direct contracts between the CITY and other
contractors.
7.3. If any part ofCONTRAcrOR'S Work
depends for proper execution or results upon the work
of any such other contractor (or the ClTY),
CONTRAcrOR shall inspect and promptly report to
ENGlNEER in writing any delays, defects or defi-
ciencies in such other work that render it unavailable or
unsuitable for such proper execution and results of
CONTRACTOR'S work. CONTRACI'OR'S failure to
report will constitute an accep~ of the other work as
fit and proper for integration with CONTRACfOR'S
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Work except for latent defects and deficiencies in the
other work.
COORDINATION:
7.4. If the CITY contracts with others for the
performance of other work on the Projcc:t at the site, the
person or organization who will have authority and
responsibility for coordination of the activities among
the various prime contraCtors will be identified in the
Technical Specifications and the specific matters to be
covered by such authority and responsibility will be
itemized, and the extent of such authority and
responsibilities will be provided in the Technical
Specifications. Unless otherwise provided in the
Technical Specifications. neither the CITY nor the
ENGINEER shall have any authority or responsibility
in respect of such coordination.
ARTICLE 8 - THE CITY'S RESPONSmILITIES
8.1. The
communications
ENGINEER.
OTY shall issue all
to CONTRACl'OR through
8.2. In case ofteImination of the employment
of ENGINEER,. the CITY shall appoint a consultant
whose status under theo.Contract Documents shall be
that of the former ENGINEER.
8.3. The CITY shall furnish the data required
of the CITY under the ContraCt Documents promptly
and shall make payments to CONTRAcrOR promptly
after they are due as provided in paragraphs 14.4 and
14.13.
8.4. The CITY'S duties in respect of
providing lands and easements and providing
engineering surveys to establish ~ference points are set
forth in paragraphs 4.1 and 4.4. Paragraphs 4.2.1 and
4.2.2 refer to the CITY'S identifying and making
available to CONTRACfOR copies of all reports of
~xplorations and tests of subsurface conditions at the
site and in existing strUctureS which have been utilized
by ENGlNEER in preparing the Drawings and
Specifications.
8.5. The CITY is obligated to execute.
Change Orders as indicated in paragraph 10.4. .
8.6. In connection with the ClTY'S right to
stop Work or suspeD~ Work, see paragraph 13.10 and
IS.1. Paragraph 15.2 deals with the CITY'S right to
terminate services of CONTRACTOR.
ARTICLE 9. ENGlNEER'S STATUS DURING
CONSTRUCTION
CITY'S REPRESENTATIVE:
9.1. The ENGINEER will be the CITY'S
representative during the constrUCtion period. The
duties and responsibilities and the .l;imitations of
authority of ENGINEER and the ClTY'S representative
during constrUCtion are set forth in the Contract
Documents and shall not be extended without written
consent of the CITY and ENGINEER.
VISITS TO SITE:
9.2. After written notice to proceed with the
work, the ENGINEER shall malce visits to the site at
intervals appropriate to the various stages of
construction to observe the progress and quality of the
executed Work and to detem1ine, in general, if the
Work is proceeding in accordance with the Contract
Documents; he wU1 not be responsible for the con-
struction means, methods, procedures, techniques and
sequences of constIUCtion and he will not be
responsible for the CONTRAcrOR'S failure to
peIform the construCtion Work in accordance with the
Contract Documents; he will not be responsible for
. safety precautions and procedures in connection with
the Work; and during such visits and on the basis ofhis
on-site observations, as an experienced and qualified
design professional. he will keep the aTY informed of
the progress of the work, will endeavor to guard the
CITY against defects and deficiencies in the Work of
the Contractor and may reject Work as failing to
conform to the Contract Documents.
PROJECI REPRESENrATION:
. 9.3. A Resident Project Representative may
be assigned to assist ENGINEER in cmying out his
responsibilities to CITY at the site. Resident Project
Representative is ENGINEER'S agent at site, will act as
directed by and under the supervision of ENGINEER.
and will confer with ENGINEER. regarding Resident
Representative's actions. Resident Project
Representative's dealing in matters pertaining to the en-
site work shall. in general be with ENGINEER. and
CONTRAcrOR keeping the CITY advised as
necessary. Resident Project Representative's dealings
with subcontractors shall oDIy be through or with the
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full knowledge and approval of CONTRACTOR.
Resident Project Representative shall generally
communicate with the City with the knowledge of and
under the direction of ENGINEER..
9.3.1. Resident Project
Representative shall where applicable:
9.3.1.1. Review the
progress schedule, schedule of Shop
Drawing submittals and schedule of
values prepared by CONTRACI'OR and
consult with ENGINEER concerning its
. .general acceptability.
9.3.1.2. .Attend meetings
with CONI'RAcrOR, such as pre-
construction conferences, progress
meetings, job conferences and other
project-related meetings. and p~pare
and circulate copies of minutes thereof.
9.3 .1.3. Working principally
through CONTRAcrOR'S
superintendent, assist ENGINEER in
serving as the OTY'S liaison with
CONTRAcrOR. when
CONTRAC!OR'S operations affect the
ClTY'S on-site operations.
9.3.1.4. Assist in obtaining
from the CITY additional details or
information, when required for proper
execution of the Work.
9.3.1.5. . Record date of
receipt of Shop DrawiDgs and sampl~
9.3.1.6. Receive samples
which are furnished at the site by
CONTRAC!OR. and notify the
ENGINEER of availability of samples
for examination.
9.3.1.7. Advise the
ENGINEER and .CONTRACI'OR of the
commencement of any Work requiring a
Shop Drawing if the submittal has not
been approved: by the ENGINEER.
9.3.1.8. Conduct on-site
. observations of the Work in progress to
. .
assist the ENGINEER in determining if
the Work is, in general. proceeding in
r
I
accordance with the Contract
Documents.
9.3.1.9. Report to the
ENGINEER whenever Residential
Project Representative believes that any
Work is unsatisfactory, faulty or
defective or does not conform. to the
Contract Documents. or has been
damaged. or does not meet the
requirements of any inspection, test or
approval required to be made; and
advise the ENGINEER of Work that
Resident Project Representative believes
should be uncovered for observation. or
requires special testing, inspection or
approval. Nothing herein shall relieve
the CONTRACI'OR or the ENGINEER
from the duties imposed by contract.
9.3.1.10. Verify that tests,
equipment and systems startups, and
operating and maintenance training are
conducted in the presence of appropriate
personnel, and that CONTRACTOR
maintains adequate reCords thereof; and
observe, record and report to the
ENGINEER appropriate details relative
to the test procedures and startups
9.3.1.11. Accompanyvisiting
inspectors representing public or other
agencies having jurisdiction over the
Project, record the results of these
inspections and report to the
ENGINEER.
9.3.1.12. Report to
ENGINEER. when clarifications and
inteIpretaUons of the Contract
Documents are needed and transmit to
CONTRAcrOR clarifications and
interpretations as issued by the
ENGINEER.
9.3.1.13. Consider and
evaluate CONTRACI'OR'S suggestions
for modifications in Drawings or
Specifications and report with "Resident
Project Representative's
recommendations to the ENGINEER.
Transmit to CONTRAcrOR decisions
as issued by the ENG~
9.3.1.14. Maintain at the job
site orderly files for correspondence,
reportS of job conferences, Shop
Drawings and samples, reproductions of
original Contract Documents including
all Work Directive Changes, Addenda,
Change Orders, Field Orders, additional
Drawings issued subsequent to the
execution of the Contract, ENGINEER'S
clarifications and interpretations of the
ContraCt Documents, progress reports,
and other Project related documents.
9.3.1.15. Keep a diary or log
book, recording CONTRAcrOR hours
on the job site, weather conditions, data
relative to questions of Work Directive
Changes, Change Orders or changed
conditions, list of job site visitors, daily
activities. decisions, observations in
general, and specific observations in
more detail as in the case of observing
test procedures; and send copies to the
ENGINEER.
9.3.1.16. Record all names.
addresses and telephone numbers of the
CONrRAcrOR, all subcontractors and
major suppliers of material and.
equipmenL .
.9.3.1.17. .Furnish. the
ENGINEER. periodic reports as required
of progress of the Work of the
CONTRAcrOR'S compliance with the
prOgress schedule and schedule of Shop
Drawing and sample submittals.
9.3.1.18. Consult with the
ENGINEER in advance of schedule
major tests, inspections or start of
important phases of the Work.
9.3.1.19. Draft proposed
Change Orders and Work Directive
Changes, obtaining backup material
from CONTRAcrOR and recommend
to the ENGINEER. Change Orders,
Wark Directive Changes, and Field
Orders.
9.3.1.20. ReportimmedWely
to the ENGINEER and the CITY upon
the occurrence of any accidenL
GC-20
9.3.1.21. Review applications
for payment with CONTRACTOR for
complimce with the established
procedure for their submission and
forward with recommendations to the
ENGINEER. noting particularly the
relationship of the payment requested to
the schedule of values, Work completed
and materials and equipment delivered
at the.. site but not incorporated in the
Work.
9.3.1.22. During the course
of the work, verify th8t certificates,
maintenance and operation manuals and
other data required to be assembled and
furnished by C9NTRACI'OR are
applicable to the items acmally installed
and in accordance with the Contract
Documents, and have this material
delivered to the ENGINEER for review
and forwarding to CITY prior to final
payment for the W orlc.
9.3.1.23. Before the
ENGINEER issues a Certificate of
S~~tantial Completion, submit to
CONTRACTOR a list of observed items
requiring completion or correction.
9.3.1.24. Conduct final
inspection in the company of the
ENGINEER. the CITY and the.
CONTRACTOR and prepare a final1ist
of items to be completed or coxrected.
9.3.1.25. Observe that all
items on final list have been completed
or coxrected and make recommendations
to the ENGINEER concerning
acceptance. .
9.3.2. The Resident Project
Representative shall DOt:
9.3.2.1. Authorize any
deviation from the Contract Documents
or substitution of materials or
equipment.
9.3.2.2. ExCeed limitations
of the ENGlNEER. 'S authority as set
forth in the Contract DOcuments.
9.3.2.3. Undertake any of
. the responsibilities of CONTRACTOR,
subcontractors, or .CONTRACTOR.'S
superintendent.
9.3.2.4. Advise on, issue
directions relative to or assume control
over any aspect of the means, methods,
techniques, sequences or procedures of
construction unless such adVice or
directions are specifically required by
the Contract Documents.
9.3.2.5. Advise on, issue
directions regarding or assume control
over safety precautions and programs in
connection with the Work.
9.3.2.6. Accept Shop
Drawing or sample submittals from
anyone other than CONTRACfOR.
9.3.2.7. Authorize the City
to occupy the Project in whole or in part.
9;3.2.8. Participate in
specialized field or laboratory tests or
inspections conducted by others except
as specifically authorized,. by the
ENG~ .. .
CLARIFICATIONS AND INTERPRETATIONS:
9.4. The ENGINEER will issue with
r~onable promptness such written clarifications or
inteIpretatioDS of the requirements of the Contract
Documents (in .the fOIm of Drawings or otherwise) as
the ENGINEER. may detem1ine necessary, which shall
be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If
CONTRACI'OR believes that a written clarification of
interpretation justifies an increase in the ContraCt Price
or m extension of the Contract Tune and the parties are
unable . to agree to the amount or extent thereof,
CONTRACI'OR may make a claim therefor as
provided in Article 11 or Article 12.
AUTHORIZED VARIATIONS OF WORK:
Order and will be binding on the CITY, and also on
CONTRACTOR who sball perform the Work: involved
promptly. If CONTRACTOR believes that a Field
Order justifies an increase in the ContraCt Price or an
extension of the ContraCt Time and the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as
provided in Article 11 and 12. The ENGlNEER is not
authorized to waive any requirements of this contract or
to agree to any increase in the contraCt price or contract
time.
REJECTING DEFECTIVE WORK:.
9.6. The ENGINEER will have authority to
disapprove or reject Work which ENGlNEER. believes
to be defective or believes to be in nonconformance
with the intent of the contraCt documents, and will also
have authority to require special inspection or testing of
the WoIk as provided in paragraph 13.9, whether or not
the Work is fabricated. installed or completed.
SHOP DRAWINGS, CHANGE ORDERS AND
PAYMENTS:
. 9.7. In connection with ENGINEER'S
responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.28 inclusive.
9.8. In connection with ENGINEER'S
responsibilities as to Change Orders, see Article 10, 11,
and 12.
9.9. In . connection with ENGINEER'S
responsibilities in respect of Applicadons for Pa}.1Ilent,
etc., see Article 14..
DETERMINATIONS FOR ~PRICES:
9.10. ENGINEER will determine the actual
quantities and classifications. of Unit Price Work.
performed by CONTRACTOR. ENGINEER will
review with CONTRACI'OR ENGINEER'S
preliminary determinations on such matters before
rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER'S written decisions thereon
will be :final and binding upon the CITY or
CONTRACI'OR unless, within ten days after the date
of any such decisio~ either the CITY or
CONTRACI'OR delivers to the other party to the
Agreement and to ENGINEER written notice of
intention to appeal from such a. decision.
. DECISIONS ON DISPUTES:
9.11. The ENGINEER will be the initial
interpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work
thereUnder. Claims, disputes and other matters relating
to the acceptability of the Work or the interpretation of
the requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and
claims under Article 11 and 12 in respect of changes in
the Contract Price or ContraCt Time will be referred
initially to ENGINEER in writing with a request for a
fonnal decision in accordance with this paragraph,
which ENGINEER will render in writing within a
reasonable time. Wrinen notice of each such claim,
dispute and other maner will be delivered by the
claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than ten (10)
days) after the occmrence of the event giving rise
thereto, and written supporting data will be submitted to
ENGINEER and the other party within thirty (30) days
after such occurrence unless ENGINEER allows an
additional period of time to ascertain more accurate
data in support of the claim.
9.12. When fUnctioning as interpreter and
judge underparagrapbs 9.10 and 9.11, ENGINEER will
not show partiality to the CITY or CONTRACTOR.
The readering of a d~ion by ENGINEER pursuant to
paragraphs 9.10 and 9.11 with l'CSpect to any such~.
claim, dispute or other matter will be a condition
precedent to any exercise by the CITY or the
CONlRACfOR of such ripts or remedies as either
may otherwise have under the Contract Documents or
by Laws or Reguladons in respect of any such claim,
dispute or other matter.
LIMITATIONS ON
RESPONSIBILITJES:
ENGINEER'S
9.13. Neither ENGINEER'S authority to act
under this Article 9 or elsewhere in the Contract
Documents nor any decision made by ENGINEER.
either to exercise or not exercise such authority shall
give rise to any duty or responsibility of ENGINEER or .
CONlRACfOR, any Subcontractor, any Supplier, or
any other person or organization performing any of the
W orIc, or to any surety for any of them.
of ENGINEER as to the Work, it is intende.d that such
requirement, direction, review or judgment will be
solely to evaluate the Work for compliance with the
ContraCt Documents (unless there is a specific
statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign tQ
ENGINEER any duty or authority to supervise or direct
the furnishing or performance of the Work or any duty
or authority.to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for
CONTRAcrOR'S means, methods, techniques,
sequences or procedures of conswctiQn, or the safety
precautions and programs incident thereto, and
ENGINEER will not be te5pOnsible to CON1RAcrOR
for CONTRACfOR'S failure to perform or furnish the
Work in accordance with the Contract Documents.
.9.16. ENGINEER will not be responsible for
the acts or omissions of CONTRACfOR or of any
Subcontractor, any Supplier, or of any other person or
organization.performing or furnishing any of the Work.
ARTICLE 10 . CHANGFS IN THE WORK
10.1. Without invalidating the Agreement and
without notice to any surety, the Cl'lY may, at any time
or from time to time, order additions, deletions or
revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work
Directive Change. Upon receipt of any such document,
CONTRACI'OR shall promptly proceed with the Wode
involved which will be performed under the applicable
conditions of the ContraCt Documents (except as
otherwise specifically pro.vided).
1.0.2. If the CITY and CONTRACTOR are
unable to agree as to the extent, if any, of an increase or
decrease in the ContraCt Price or an extension or
shortening of the ContraCt Time that should be allowed
as a result of a Work Directive Change, a claim may be
made therefore as provided in Article 11 or Article 12.
10.3. . CONTRACI'OR shall not be entitled to
an increase in the Contract Price or an extension of the
Contract Tune with respect to any Work perfOt:lDed that
is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraphs
3.4 and 3.5, except in the case of an emergency as
provided in paragraph 6.22.1 and except in the case of
uncovering Work as provided in paragraph 13.9.
10.4. The CITY and CONTRACI'OR shall
execute appropriate Change Orders (or Wrinen
Amendments) covering:
10.4.1. Changes in the werle which are
ordered by the CITY pursuant to paragraph 10.1,
are required because of acceptance of defective
Work under paragraph 13.13 or correcting
defective Work under paragraph 13.14, or are
agreed to by the parties.
10.4.2. Changes in the Contract Price
or Contract Time which are agreed to by. the
parties;
10.4.3. Changes in the Contract Price
or Contract Tune which embody the substance of
any written decision rendered by ENGINEER
pursuant to paragraph 9.11; p1'Qvided that, in lieu
of executing any such Change Order, an appeal
may be taken from any such decision in
accordance with the provision of the Contract
Documents and applicable Laws and
Regulations. but during any such appeal,
CONTRACI'OR shall carry on the Work and
adhere to the pr()gre5S schedule as provided in
paragraph 6.29.
10.5. It is distinctly agreed .and understood
that any changes made in the Contract Documents for
this Work (whether such changes increase or decrease
the amount thereof) or any change in the manner or
time .of payments or time of performance made by the
CITY to the CONTRACTOR shall in no way annul,
release or affect the liability and surety on the Bonds
given by the CONTRACTOR. If notice of any change
affecting the general scope of the Work or the
provisions of the Contract Documents (including, but
not limited to, ContraCt Price or Contract Time) is
.required by the provisions of any bond to be given to a
surety. the giving of any such notice will be
CONTRACI'OR'S responsibility, and the amount of
each applicable Bond will be adjusted accordingly.
10.6. Notwithstanding, anything to the
contrary contained within the contract documents, all
change orders involving additional cost or extensioDS of
time, shall be governed by the ordinances of the City of
. Largo.
GC-23
ARTICLE 11- CHANGE OF CONTRACT PRICE
11.1. The ContraCt Price constitutes the total
compensation (subject to authorized adjustments)
payable to CONTRACTOR for perfonning the Work.
All duties, responsibilities and obligations assigned to
or undertaken by CONTRACI'OR shall be at his
expense without change in ~ Contract Price.
11.2. The ContraCt Price may ouly be changed
by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the .Contract Price
shall be based on wrinen notice delivered by the party
making the claim to the other party and to ENGINEER.
promptly (but in no event later than ten (10) days) after
the occurrence of the event giving rise to the claim and .
stating the general nature of the claim.. Notice of the
amount of the claim with supporting data shall be .
delivered within thirty (30) days after such occurrence
(unless ENGINEER alloWs an additional period of time
to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written
statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which
the claimarit is entitled as a result of the occurrence of
saidoevent. All claims for adjustment in the Contract
Price shall be deteImined by ENGINEER in accordance
with paragraph 9.11 if the CITY and CONTRACTOR
cannot otherwise agree on the amount involved. No
claim for an adj~ent in the Contract Price will be
o valid if not submitted in accordance with this paragraph
11.2. .
11.3. The value of any Work covered by a
Change Order or of any claim for an increase or
decrease in the ContraCt Price sball be determined in
one of the following ways:
11.3.1. Where the Work involved is
covered by unit prices contained in the Contract
Documents, by application of unit prices to the
quantities of the items involved (subject to the
provisions of paragraphs 11.9.1. through 11.9.3.
inclusive).
11.3.2. By mutual acceptance of a
lump sum (which shall include an allowance for
overhead and profit in accordance with
paragraph 11.6.2.1).
11.3.3~ On the basis of the Cost of the
Wark (determined as provided in paragraphs
11.4 and 11.5) plus a CONI'RACI'OR'S Fee for
GC-24
overhead and profit (determined as provided in
paragraphs 11.6 and 11.7).
COST OF THE WORK:
11.4. The term. Cost of the Work means the
sum of all costs necessary incurred and paid by
CONTRACfOR in the proper pedormance of the
Work. Except as otherwise may be agreed to in writing
by the CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall
include only the following items and shall not .include
any of the costs itemized in paragraph II.S:
11.4.1. Payroll costs for employees in
the diiect employ of .CONTRACTOR in the
perfOIIDaDce of the Wark under schedules of job
classification agreed upon by the CITY and
CONTRACTOR. Payroll costs for employees
not employed full time on the Work shall be
apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of
fringe benefits which shall include social
security conaibutioDs. unemployment, excise
and payroll taxes, workers' or workmen's
compensation, bealth and retirement benefits,
sick leave. vacation and holiday pay applicable
thereto. Such employees shall include
superintendents and foremen at the site. The.
expenses of performing Work after regular
working hours, on Saturday, Sunday or legal
holidays, shall be included in the above to the
extent authorized by the CITY.
11.4.2. Cost of all materials and
equipment furnished and incorporated in the
Work. includiDg costs of transportation and
storage thereof, and Suppliers' field services
required in connection therewith. All cash
discounts sbal1 acaue to CONI'RACTOR unless
the CITY deposits funds with CONTRAcrOR
with which to make payments. in which case the
cash discounts shall accrue to the CITY. All
trade discounts, rebates and refunds and all
returDS from sale of smplus materials and
equipment sball . accrue to the CITY. and
CONTRACI'OR shall make provisions so that
they may be obtained.
U.4.3. Payments made by
CONTRACTOR to. the Subcontractors for Work
perfonned by Subcontractors. If required by the
CITY, CON'I'RACI'OR shan obtain competitive
bids from Subcontractors acceptable to
CONTRACTOR and shall deliver such bids to
the CITY who will then determine. with the
advice of !he ENGINEER. which bids will be
accepted. . If a subcontract provides that the
SubcontraCtOr is to be paid on the basis of Cost
of the Work Plus aFee. the Subconttactor's Cost
of the Wort shall be determined in the same
manner as CONTRACTOR'S Cost ofWorlc. All
subcontracts shall be subject to the other
provisions of the Contract Documents insofar as
applicable.
11.4.4. Costs of spec~a1 consultants
(including. but not limited to engineers,
architects. testing laboratories, surveyors,
attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs include
the following:
11.4.5.1. Cost. including
tranSportation and maintenance. of all
materials. supplies. equipment.
machineI)', appliances. office and
temporary facilities at the site an~ tools
not owned by the. workers. which are
consumed in the performance of Work.
and cost less market value of such items
used but not consumed which remain the
. property of CONTRAcrOR.
11.4.5.2. Rentals of all
construction equipment and machinery
and the parts thereof whether rented
from CONTRAcrOR or others in
accordance with rental agreements
approved by the CITY with the advice
of ENGINEER. and the costs of
tranSpOrtation. loading. unloading.
installation, dismantling and removal
thereof-all in accordance With tenDS of
said rental agreements. The rental of
any such equipment, machinery or parts
shall cease when the use thereof is no
longer necessary for the Work:. For
special equipment and machinery such
as power driven pumps, concrete mixers.
trucks. front end loaders, backhoes. and
. tractors, or other equipment, required for
the eco~omica1 performance of the
authorized Work, the CONTRACTOR
shall receive payment based on the
weekly rate divided by 40 to mive at an
hourly cost. The. weekly rate shall be
GC-2S
from the latest edition of the Rental Rate
blue book for Construction Equipment.
published by Equipment Guide Book
Co., reduced by 2S percenL EquipD:1ent
cost shall be calculated based upon the
actual time the equipment is used in the
W orIc. If said Work required the use of
machinery not on the Work or not to be
used on the Work, the cost of
tranSportation. not exceeding a distance
of one hundred (100) miles. of such
machinery to and from the Work shall
be added to the fair rental rate; provided,
however, that this shall not apply to
machinery or equipment already
required to be furnished under the terms
of the ContracL
11.4.5.3. Sales, consumer,
use or similar taxes related to the work
and for which CONTRAcrOR is liable,
imposed by laws and regulations.
11.4.5.4. Royalty payments
and fe~s for permits and licenses.
11.4.5.5. The site costs of
utilities, fuel and sanitaIy facilities.
11.4.5.6. Cost of premiums
for additional bonds and insurance
required because of changes in the
Work.
U.5. The term Cost of the Work shall not.
include any of the following:
11.5.1. Payroll costs and other
compensation of CONTRACI'OR'S officers,
. executives. principals (of partnership and sole
proprietorships), general managers. engineers,
architects. estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
. expeditors, timekeepers, clerks and other
personnel . employed. by CONTRACTOR
whether at the site or in CONTRAcrOR'S
principal or a branch office for general.
administration of the Work and not specifically
included in the agreed. upon schedule of job
classifications refetred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4 - an of
which are to be considered administrative costs
covered by the CONTRACIOR'S Fee.
11.5.2. Expenses of
CONTRACTOR'S principal and branch offices
other than CONTRACTOR'S. office at the site.
11.5.3. AnypartofCON1RAcroR'S
capital expenses. including interest on
CONTRACTOR'S capital employed for the
WOrk and charges against CON1RACTOR for
delinqucotpaytnenu.
11.5.4. Cost of premiums for all
Bonds and for all lnsmance whether or not
CONTRACTOR is required by the Contract
Documeots to purchase and maintaio the same
(except for the cost of premiums covered by
subparagraph 11.4.5.6 above).
11.5.5. Costs due to the negligence or
intentional acts of the CONTRACTOR. any
Subcontraetor, or anyone whose acts any of them
may be liable, including but oot limited to, the
correction of defective W orIc, disposal of
materials or equipment wrongly supplied and
making good any damage to property.
1l.5.6. Other overhead or general
expense costs of any kind and the costs of any
item oot specifically and expressly included in
paragraph 11.4.
CONTRACTOR'S FEE:
11.6. The CONTRACTOR'S Fee allowed to
. CONTRACTOR for overhead and profits shall be
determined as follows:
11.6.1. A mutually acceptable fixed
fee; or if none can be agreed upon.
. 11.6.2. A fee based on the following
percentages of the various portions of the Cost
of the Work:
11.6.2.1. The cost allowance
for overhead and profit shall not exceed
fifteen percent (15%) of the net cosL If
the work is done by a Subcontractor, he
may add ten percent (10%) of his net
cost for . overhead and profit and the
ContraCtOr may add five percent (5%) of
the net cost for overhead and profit If
all the work is done by the Contt'actor.
he may!ldd fifteen percent (15%) of me
net cost for overhead and profit;
,
l
11.6.2.2. See Article
11.6.2.1 ;
11.6.2.3. No fee shall be
payable on the basis of costs itemized
under paragraphs 11.4.4, 11.4.5 and
11.5;
11.6.2.4. The amount of
credit to be allowed by CONTRAcrOR
to the CITY for any such change which
results in a net decrease in cost will be
the amount of the actual net decrease
plus a deduction in CONTRACTOR'S
Fee by an amount equal to ten percent of
the net decrease; and
11.6.2.5. When both
additions and credits are involved in any
one change, the adjustment in
CONTRACfOR'S Fee shall be
computed on the basis of the net change
in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. Whenever the cost of any Work is to be
determined pursuant to paragraph 11.4 or 11.5.
CONTRAcrOR will submit in form acceptable to
ENGINEER an itemized cost br~own together with
supporting data.
CASH ALLOWANCES:
11.8. It is understood that CONTRACfOR
has included in the Contract Price all allowances so
named in the Contract Documents and shall cause the
Work so covered to be done by such Subcon1raCtors or
Suppliers and for such sums within the limit of the
allowances as may be acceptable to the ENGINEER.
CONTRAcrOR agrees that:
11.8.1. The allowances include the
cost to CONTRACfOR (less any applicable
trade discounts) of materials and equipment
required by die allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACfOR'S costs for
unloading and handling on the site. labor,
installation costs,. overhead, profit and other
expenses contemplated for the-allowances have
been included in the Contract Price and not in
. the allowances. No demand for additional
payment on accOlDlt of any thereof will be valid.
GC-26
Prior to final payment, an appropriate
Change order will be issued as recommended by
ENGINEER. to reflect actual amounts due
CONTRACfORon account of Work covered by
allowances, and the ContraCt Price shall be
correspondingly adjusted.
UNIT PRICE WORK:
11.9.1. Where the Contract
Documents provide that all or part of the Work
is to be Unit Price Work, initially the Contract
Price will be deemed to include for all Unit Price
Work an amoUDt equal to the sum of the
established unit prices for each separately
identified item of Unit Price Work times the
estimated quantity of each item as indicated in
the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and
are solely for the purpose of comparison of Bids
and deten:Dining an initial Contract Price.
Determinations of the actual quantities and
classificalioDS of Unit Price Work perfonned by
CONTRACTOR will be made by EN~ in
accordance with P~graph 9.10.
11.9.2. Each unit price will be
deemed to iDclude an amount considered. by
CONTRACfOR to be adequate to cover
CONTRACTOR'S overhead and profit for each
separately identified item.
. 11.9.3. Where the quantity of any
item of Unit Price Work performed by
CONTRACTOR differs materially and
significantly from the estimated quantity of such
item indicared in the Agreement and there is no
corresponding adjustment with respect to any
other item of Work and if CONTRACl'OR
believes that CONTRAcrOR. has incurred
additional expense as a result thereof,
CONTRACI'OR .may make a claim for an
increase in the Contract Price in accordance with
Article 11 if the parties are unable to agree as to
the amoUDt of any such increase.
OMl'1TED WORK:
11.10. The City may at any time, by written
order, without Notice to the Sureties, require omission
of such contract work as it may find necessary or
desirable. An order for omission of work shall be valid
only by an executable change order. All work so
ordered must be omitted by the CONTRACTOR. The
GC-27
amount by which the contract price shall be reduced
shall be determined as follows:
11.10.1. .By such applicable unit prices,
or rates for work of a similar nature or character
as set forth in the contraCt; or.
11.10.2. By the appropriate lump sum
price set forth in the Contract; or,
11.10.3. By the reasonable and fair
estimated cost of such omitted work as
determined by the CONTRAcrOR and the
ENGINEER. and approved by the CITY.
ARTICLE 12 - CHANGE OF CONTRACT TIME
12.1. The Contract lJIDe may ~nly be changed
by a Change Order or a Written Amendment. Any
claim for an extension or shortening of the Contract
time shall be based on written notice delivered by the
party making the claim to the other party and to
ENGINEER promptly (but in no event later than ten
days) after the occmrence of the event giving rise to the
claim and stating the general nature of the claim.
Notice of the extent of the c~ with supporting data
shall be delivered within thirty days after such ..
occurrence (unless ENG~ .allows an additional
period of time to ascertain more accurate data in
support of the claim) and sball be accompanied by the
claimant~ written statement that the adjustment claimed .
is the entire adjustment to which the claimant has
reason to. believe it is entitled as a result of the
occurrence of said evenL All claims for adjustment of
the Contract T"une sba1l be determined by ENGINEER
in accordance with paragraph 9.11 if the CITY and
CONI'RACl'OR cannot otherwise agree. No claim for
aq adjustment in the Contract Tune will be valid if not
submitted in accordance with the requirements of this
paragraph 12.1.
'12.2. The Contract Time will be extended in
an amount equal to time lost due to delays caused by
events beyond the control of CONTRACTOR if a claim
is made thereof as provided in paragrap1112.1. Such
events shall include. but not be limited to acts or neglect
by the CITY or others performing additional work as
contemplated by Article 7, or to fires, floods, labor
disputes, epidemics, abnormal weather conditions or
acts of God. If abnormal weather conditions are the
basis for a Claim for additional time, such Claim shall
be submitted within 30 days of occurrence and shall be
docwnented by data substantiating that weather
conditions were abnormal for the period of time
required for completion of the Work and could not have
been reasonably anticipated and that weather conditions
had an adverse effect on the scheduled construction.
12.3.
All time limits stated in the. Contract
Docuinents are of the essence of the
Agreement. The provisions of this
Article 12 shall not exclude recovery for
damages (including but not limited to
fees and charges of engineers, architects,
attorneys and other prqfessiona1s and
court costs) for delay by either party.
12.4.
The CONTRACTOR. shall not be
entitled to any claim for damages on
account of hindrances or delays in
constrUCtion from any cause whatsoever
but if occasioned by any act of God. or
by any act or omission on the part oftbe
CITY, such act, hindrance or delay may
entitle the CONTRAcrOR to an
extension of time in which to complete
the work, provided that the
CONTRACIOR gives notice in writing
of the cause of such act, hindrance or
delay within ten days after its OCCUII'ence
to the OTY. This paragraph shall
include but not be limited to anyactioDS
which result in delays in scheduling,
substantial changes in scope or wok or
substantial increases in the cost of
perfomJing the work under the Contract
Documents
ARTICLE 13. wARRANTY AND GUARANTEE:
TESTS AND INSPEcrIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
WARRANTY AND GUARANTEE:
13.1. CONTRACIOR wammts and
guarantees to the CITY and ENGINEER that all Work
will be constrUCted in accordance with the Contract
Documents. Prompt notice of all defects sball be given
to CONTRACIOR. All defective Work, whether or
not in pl~ may ~ rejected, corrected or accepted as
provided in Article 13. The guarantee shall remain in
effect for one year from the date of final acceptance
unless a longer period is specified. The CITY shall
give notice of observed. defects with reasonable
promptness. Unremedied defects identified for
cOI1'ection during the guarantee period but remaining
after its expiration shall be considered as part of the
obligations of the guarantee. Defects in material,
workmanship or equipment which are remedied as a
result of obligations of the guarantee shall subjeCt the
remedied portion of the work to an extended guarantee
period of one year after the defect has been remedied.
The Surety shall be bound with and for the Contractor
in the Contractor's faithful observance of the guarantee.
ACCESS TO WORK:
13.2. ENGINEER'S and ENGINEER'S
representatives, other representatives of the CITY,
testing agencies and governmental agencies with
jurisdictional interests will have access to the Work at
reasonable times for their observation, inspecting and
testing. CONTRACTOR shall provide proper and safe
conditions for such access.
TESTS AND INSPECTIONS:
13.3. CONTRACTOR shall give ENG~
timely notice of readiness of the Work for all required
inspectioDS. tests or approvals.
13.4. If Laws or Regulations of any public
body having jurisdiction require any Work (or part
thereot) to specifically be inspected. tested or approved,
CONTRAcrOR shall assume full responsibility
therefor, pay all costs in connection therewith and
furnish ENGINEER the required certificates of
inspection, testing or approval. CONTRACl'OR shall
also be responsible for and shall pay all costs in
connection with any inspection or testing required in
connection with the CITY'S or ENGINEER'S
acceptance of a Supplier of materials or equipment
proposed to be incorporated in the . Work, or of
materials or equipment submitted for approval prior to
CONTRACTOR'S purchase thereof for incorporation
in the Work. The cost of all inspections. tests, and
approvals in addition to the above which are required
by the Contract Documents shall be paid as specified in
the Contract Documents. .
13.5. All inspections, tests or approvals other
than tI:1ose required by Laws or Regulations of any
public body having jurisdiction shall be performed by
organizations acceptable to the CITY (or by
ENGINEER. if so specified).
13.6. If any Work (including the work .of
others) that is to be inspected, teSted or approved is
covered without written concurrence of ENGINEER. it
must, if requested by ENGINEER. be uncovered for
observation. Such uncovering shall be at
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CONTRACTOR'S expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR'S
intention to cover the same and ENGINEER has not
acted with reasonable promptness in response to such
notice.
13.7. Neither observations by ENGINEER nor
inspections, tests or approvals by others shall relieve
CONTRACTOR from CONTRAcrOR'S obligation's _
to perform the Work in accordance with the Contract
Documents.
UNCOVERING WORK:
13.8. If any Work is covered contrary to the
requ~ of ENGINEER. it must, if requested by
ENGINEER, be uncovered for ENGINEER'S
observation and replaced, at CONTRAcrOR'S
expense.
139. If ENGINEER considers it necessary or
advisable that covered Work be observed by
ENGINEER or inspected or tested by others.
CONTRACfOR. at ENGINEER'S request shall
uncover, expose or otherwise make available for
observation. inspection or testing as ENGINEER may
require, that portion of the Work in question, furnishing
all necessary labor. material and equipment If it is
found that such Work is defective, CONTRACfOR
shall bear all direct. indirect and consequential costs of
such uncovering. exposure, observation. inspection and
. testing and of sat:isfactmy reconstruction. (including but
not limited to fees and charges of engineers, architects.
attomeys and other professionals), and the CITY shall
be entitled to an appropriate decrease in the Contract
Price. and, if the parties are unable to agree as to the
amount thereat may make a claim therefor as provided
in Article 11. If. however. such Work is not found to
be defective, CONTRACfOR shall be allowed an
increase in the Contract Price or an extension of the
Contract time. or both, directly attributable to such
uncovering, exposure, observation. inspection. testing .
and reconstrUCtion: and if the parties are unable to agree
as to the amount or extent thereof. CONTRAcrOR
may make a claim therefor as provided in Article 11
and 12.
CITY MAY STOP THE WORK:
stop the Work. or any portion thereof, until the cause
for such order has been eliminated; however. this right.
of the CITY to stop the Work shall not give rise to any
duty on the part of the CITY' to exercise this right for
the benefit of CONTRAcrOR or any other party.
CORRECTION OR REMOVAL OF DEFECTIVE
WORK:
13.11. If required by ENGINEER.
. CONTRAcrOR shall promptly, as directed, either
correct all defective Work. whether or not fabricated,
installed or completed, or, if the Work has been
rejected by ENGINEER. remove it from the site and
replace it with non-defective Work. CONTRAcrOR
shall bear all direct, indirect, and consequential costs of
such cmrection or removal (including but not limited to
fees and charges of engineers. architects, attorneys and
other professionals) made necessary thereby.
ONE YEAR CORRECTION PERIOD:
13.12. If within one year after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents. any Work is found to be
defective, CONI'RACfOR shall promptly, without cost
to the CITY and in accordance widi the ClTY'S written
. instructions, either correct such defective Work, or, if
it bas been rejected by the CITY, remove it from the
site and replace it with non-defective Work. If
CONTRAcrOR does not promptly comply with the
terms of such instructions or in an emergency where
delay would cause serious risk of loss or damage. the
CITY may have the defective Work corrected or the
rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and
replacement (including but Dot limited to fees and
charges of engineers, architeCts. attomeys and other
professionals) will be paid by CONTRAcrOR. In
special circumstances where a particular item of
equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to nm from an earlier date
.if so provided in the Specifications or by Written
Amendment. Nothing herein shall be deemed a waiver
of the statute of limitations as provided in Florida Law.
13.10. If the Work is defective. or
CONTRAcrOR fails to. supply sufficient skilled 13.13. If instead of requiring correction. or
workers or suitable materials or equipment, or fails to removal and replacement of defective Work. the CI1Y
furnish or perform the Work in such a way that the (and prior to ENGINEER'S recommendation of final
completed Work will conform to the Contract payment) prefers to accept it, the CITY ~y do so.
Documents, the CITY may order CONTRAcrOR to CONTRAcrOR shall bear all direct. indirect and
GC-29
consequential costs attributable to the CITY'S
evaluation of and determination to accept such
defective Work (such costs. to be approved by
ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers, architects,
attorneys and other professionals). If any such
acceptance occurs prior to ENGINEER'S
recommendation of final payment, a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Wark; and the
CITY shall be entided to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as
to the amount thereof, the CITY may make a claim.
therefor as provided in Article 11. If the acceptance
occurs after such recommendation, an appropriate
amount will be paid by CONTRAC1'OR to the CITY.
CITY ~y CORREer DEFEcrIVE WORK:
13.14. If CONTRAC1'OR fails within thirty
days (30) after written notice of ENGINEER to proceed
to correct and to correct defective Work or to remove
and replace rejected Work as required by ENGINEER.
in accordance with paragraph 13.11, or if
CONTRAcrOR fails to perform the Work in
accordance with.. the Contract Documents, or if
CONTRAcrOR fails to comply with any other
provision of the ContraCt Documents, the CITY may,
after seven days written notice to CONTRACfOR,
correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph the CITY
shall proceed expeditiously. To the extent necessary to
. complete coaective and remedial action. the CITY may
exclude CONTRAC1'OR from all or pan of the site,
take possession of all or part of the Work, and suspend
CONTRACfOR'S services related thereto, take
possession of CONTRAC1'OR'S tools, appliances,
consttuCtion equipment and machinery at the site and
incomplete in the Wode all materials and equipment
stored at the site or for which the CITY has paid
CONTRAC1'OR but which are stored elsewhere.
CONTRAC1'OR shall allow the CITY, the CITY'S
representative, agents and employees such access to the
site as may be necessary to enable the CITY to exercise
the rights and remedies under this paragraph. All
direct, indirect and consequential costs of the CITY in
exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved as to
reasonableness by ENGINEER. and a Change Order
will be issued incorporating the necessary revisions in
the ContraCt Documents with respect to the Work; and
the CITY shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to
agree as to the amount thereof, the CITY may make a
claim therefof as provided in Article 11. Such ~
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indirect and consequential costS will include but not be
limited to fees and charges of engineers, architects,
attorneys and other professionals. all court costs and all
costs of repair and replacement of work of other
destroyed or damaged by correction, removal or
replacement of CONTRACTOR'S defective Work.
CONTRACfOR shall not be allowed an extension of
the Contract Tune because of any delay in performance
of the Worlc attributable to the exercise by the CITY of
the CTIY'S rights and remedies hereunder.
ARTICLE 14. PAYMENTS TO CONTRACTOR
AND COMPLETION
SCHEDULE OF V ALUFS:
14.1. The schedule of values established as
provided in paragraph 2.9 will serve as the basis for
progress payments and will be incorporated into a form
of Application for Payment acceptable to ENGINEER.
Progress payments on account of Unit Price Work will
be based on the number of units completed.
APPLICATION FOR PROGRESS PAYMENTS:
14.2. Unless otherwise prescribed by law, at
the end of each month, the CONTRACfOR shall
submit to the Engineer for review, an Application for
Progress Payment filled Ol1t and signed by the
CONTRAcrOR covering the Work completed as of
the date of the Application and accomplished by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work
but delivered and suitably stored at the site or at another
location agreed to in writing, the Application for
Progress Payment shall also be accompanied by a Bill
of Sale, paid invoice, or other documentation
warranting that the CONTRAcrOR bas received the
materials and equipment :free and clear of all liens,
charges, security interests, and encumbrances (which
are hereinafter in these General Conditions referred to
as "Liens") and evidence that the materials and
equipment are covered by appropriate property
insurance and other arrangements to protect the CITY'S
interest therein. all of which shall be satisfactory to the
CITY . The amount of retainage with respect to
progress payments will be as stipulated in the
Agreement.
CONTRACTOR'S wARRANTY OF TITLE:
14.3. CONTRACTOR waaants and
guarantees that title to all Work, materials and
equipment covered by any Application for Payment.
whether incorporated in the Project or not, will pass to
the CI1Y no later than the time of payment free and
clear of Liens.
REVIEW OF APPLICATIONS FOR PROGRESS
PAYMENT:
14.4. ENGINEER will, within. ten days after
receipt of each Application for Payment, either indicate
in writing a recommendation of payment and present
the Application to the CITY, or return the Application
to CONTRACTOR indicating in writing ENGINEER'S
reasons for refusing to recommend payment. In the
latter casc, . CONTRACTOR may make necessary
corrections and resubmit the Application. Thirty days
after receipt of the Application for Payment by the City
with ENGINEER'S recommendation. the amount
recommended will (subject to the provisions of the last
sentence of paragraph 14.7) become due and whcn due
will be paid by the CITY to CONI'RACTOR.
14.5. ENGINEERS recommendation of any
. .'" ..payment requested in the Application for Payment shall
not prohibit the City from withholding payment or
prohibit the City from paying additionally sums
regarding other matterS or issues between the parties.
14.6. ENGINEER'S recommendation of final
payment will constitute an additional representation by
ENGINEER to the CITY that the conditions precedent
to. CONTRACTOR'S being entitled to final payment as
set fonh in paragraph 14.13 have been fulfilled. .
14.7. ENGINEER may refuse to recommend
the whole or any part of any payment if, in
ENGINEER'S opinion, it would be incorrect to make
such representatipns to the CITY. The ENGINEER
may also refuse to recolIlD1Cnd any such payment, or,
because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any
such payment previously recommended, to such extent
as may be necessary in ENGINEER'S opinion to protect
the CI1Y from loss, including but not limited to:
14.7.1. The Work is defective, or
completed Work has been damaged requiring
correction or replacement.
14.7.2. The ContraCt Price has been
reduced by Written Amendment or Change
Order. .
14.7.3. The CITY has been required
to correct defective Work or complete Work in
accordance with paragraph 13.14, or
14.7.4. Of ENGlNEER'S actual
knowledge of the occmrence of any of the events
enumerated in paragraphs 15.2.1 through 15.2.9
inclusive.
Thc CITY may refuse to make payment of the
full amount recommended by the ENGINEER because
claims have been made against the CITY on account of
CONTRACTOR'S performance or furnishing of the
W orIc, or there are other items entitling the CITY to
credit against the amount recommended, but the CITY
must give CONTRACfOR written noti~ (with a copy
to ENGINEER) stating the reasons for such action.
SUBSTANTIAL COMPLETION:
14.8. When the CON'IRAcrOR considers the
entire Work ready for its intended use, the
CONTRACTOR shall notify the CITY and the
ENGlNEER in writing that die Work is substantially
complete and request that the ENGINEER. prepare a
Certificate of Substantial Completion. Within a
reasonable time thereafter, the CITY, the ENGINEER.
and the CONTRACTOR shall make an inspection of
the Work to detmnine the status of completion. If the
ENGlNEER does not consider the Work subs~tially
complete. (it is not ready for its intended use) the
ENGINEER sba11 notify the CONTRAcrOR in writing
giving the reasons therefor. If the ENGINEER.
considers the Work to be substantially complete, the
ENGINEER. will prepare and deliver to the Cl1Y for its
execution and recordation the Certificate of Substantial
Completion signed by the ENGINEER. and
CONTRACTOR.. which shall fix the Date of
Substantial Completion.
14.9. The cnY shall have the right to exclude
CONTRAcrOR from the Work after the elate of
Substantial Completion. but the CITY shall allow
CONTRACl'OR reasonable access to complete or
correct items on the "punch fist- .
PARTIAL UTILIZATION:
14.10. Use by the CITY of any finished part of
the Work, which has specific:al1y been identified in th~
ContraCt Documents, or which the CITY, ENGrnEER
GC-31
and CONTRACTOR agree constitutes a separately
functioning and useable part of the Work that can be
used by the CITY without significant interference with
. CONTRACTORS performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all Work subject to the following:
14.10.1. The CITY at any time may
request CONTRAcrOR in writing to permit the
CITY to use any such part of the Work which
the CITY believes to be ready for its intended
use and substantially complete. If
CONTRACTOR agrees, CONI;'RACTOR will
certify to the CITY and ENGINEER that said
part of the Work is substantially complete and
request ENGINEER to issue a certificate of
Substantial Completion for that part of the
Work. CONTRACTOR at any time may notify
the CITY and ENGINEER in writing that
CONTRACTOR considers any such part of the
Work ready for its intended use and substantially
complete and request ENGINEER to issue a
certificate of Substantial Completion for that part
of the Work. Within a reasonable timo after
either such request, the CITY, CONTRACI'OR
. and ENGINEER shall make an inspection of that
part of Work to determine its status of
completion. If ENGINEER does not consider
that part of the Work to be substantially
complete, ENGINEER will notify the CITY and
CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers that part of
the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will
apply with respect to certification of Substantial
Completion of that part of the Work and the
division of responsibility in respect thereof and
access thereto. .
completed or COlTected and will deliver such list
to the CITY and CONTRAcrOR together with
a written recommendation as to the division of
responsibilities pending final judgment between
the CITY and CONTRACTOR with respect to
security, operation. safety, maintenance, utilities,
insurance, wmanties and guarantees for that part
of the Wark which will become binding upon the
CITY 8114 CONTRACTOR at the time when the
CITY takes over such operation (unless they
shall have otherwise agreed in writing and so
informed ENGINEER). During such operation
and prior to Substantial Completion of such pan
of the Work, the CITY shall allow
CONfRACTOR reasonable access to complete
or correct items on said list and to complete
other related Wode.
FINAL INSPECTION:
14.11. Upon written Dotice from
CONTRAcrOR that the entire Work or an agreed
portion thereof is complete, ENGINEER will make a
final inspection with the CITY and CONTRACTOR
and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the
W crk is incomplete, defective, or ~ot in accordance
with the Contract Documents. CONI'RACI'OR shall
immediately take such measures as are necessary to
remedy such deficiencies.
FINAL APPLICATION FOR PAYMENT:
14.12. AfrN CONTRAcrOR bas completed in
writing all such corrections to the satisfaction of
ENGINEER and delivered all maintenance and
operating instrUctions, schedules, guarantees, Bonds,
certificates of inspection, marked-up record documents
(as provided in paragraph 6.19) and other documents all
as required by the Contract Docwnents, lU1d after
ENGINEER has indicated in writing that the Work is
acceptable and has been completed in conformance
with the drawings and specifications and any approved
change.s thereto, CONTRACTOR may make
application for final payment following the procedure
for progress payments. The final Application for
Payment shall be accompanied by all documentation
called for in the Contract Documents. .
14.10.2. The CITY may at 811Y time
request CONTRACTOR in writing to permit the
CITY to take over operation of any such part of
the Work although it is not substantially
complete. A copy of such request will be sent to
ENGINEER and within a reasonable time
thereafter the CITY, CONTRACfOR and
ENGINEER. shall make an inspection of that
part of the Work to determine its status of
completion and will prepare a list. of items
remaining to be completed or corrected thereon
before final paymenL If CONTRACTOR does
not object in writing to the CITY and 14.13. Upon receipt of written notice from the
ENGINEER that such part of the Work is Dot CONTRACfOR that the Worle bas been completed in
ready for separate operation by the CITY, conformity with the Drawings and Specifications and
ENGINEER will finalize the list of items. to be any approved ch811ges thereto, and receipt of the Fmal
GC-32
FINAL PAYMENT AND ACCEPTANCE: .
Application for Payment and accompanying
documentation. the ENGINEER shall promptly
examine the Work and, making such tests as he may
deem proper and using all of the care and judgment
normally exercised in the e~amination of completed
Work by a properly qualified and experienced
Professional ENGINEER. shall satisfy himself that the
CONTRACTOR'S statement appears to be correct and
the CONTRACTOR'S other obligations under the
Contract Documents have been fulfilled. He sball then
inform the CITY in writing that he has examined the
Work and that it appears, to the best of his knowledge
and belief, to conform to the Con1ract Drawings,
Specifications and any approved Change Orders, that
the CONTRACTORS other obligations under the
Contract Documents have been fulfilled, and that he
therefore recommends acceptance of the Work for
ownership and Fmal Payment to the CONTRAcrOR.
Howcwer, it is agreed by the CITY and the
CONTRAcrOR that such statement by the
ENGINEER does not in any way relieve the
CONTRACTOR from his responsibility to deliver a
fully completed job in a good and wor1cmllnlike
condition. and does not render the ENGINEER or the
CITY liable for any faulty Work done or defective
materials or equipment used by the CONTRACTOR.
Upon fin~ completion and acceptance of the
Work in accordance with Paragraph 14.13 of the
General Conditions, the CITY shall pay the remainder
of the contract price as recommended by ENGINEER
as provided in said paragraph 14.13. Prior to :final
payment, the CONTRACl'OR must provide the CITY
with waivers of any and all claims and liens from the
CONTRAcrOR and any and all subcontractors, sub-
subcontractors, laborers, or. These waivers ale
conditions precedent to final payment. The CITY may
withhold amounts it deems necessary to cover any
claims of which it has been notified of subcontractors,
sub-subcontractors, materialmen, suppliers or others
from:final payment to the CONTRACTOR
. The ENGlNEER will then make a:final estimate
of the value of all Work done and will deduct therefrom
all previous payments which have been made. The
ENGINEER will report such estimate to the CITY
together with his recommendation as to the acceptance
of the Work or. his findings as to any deficiencies
therein. After receipt and acceptance by the CITY of
the properly executed ~mal Warranty of TItle and after
approval of the ENGlNEER'S estimate and
recommendation to the CITY. the CITY will make final
payment to the CONTRACfOR of. the Amount
remaining after deducting all prior payments and all
amounts to be kept or retained under the provisions of
. GC~3
the Contract Documents, including, but not limited to,
Liquidated Damages, as applicable.
All prior estimates are subject to correction in
the final estimate. Thirty days after approVal by the
CITY of the application for final payment, the amount
recommended by ENGINEER shall become due and
will be paid to Contractor.
. . .
CONTRACTOR'S CONTINUING OBLIGATION:
14.14. . CONTRACTOR'S obligation to perform
and complete the Work in accordance with the Conttact
Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER, nor
the issuance of a Certificate of Substantial Completion,
nor any payment by the CITY to CONTRAC1'OR
under the ContraCt Documents, nor any use or
occupancy of the Work or any part thereof by the
CITY, nor any act of acceptance by the CITY nor any
failure to do so, nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a
notice of acceptability by ENGINEER pursuant to
paragraph 14.13, nor any correction of defective Work
by the CITY will constitute an acceptance of Work not
in accordance with the Contract Documents or a release
of CONTRACTOR'S obligation to perfOIDl the Work in
accordance with the Contract Documents.
ARTICLE 15 . SUSPENSION OF WORK AND
TERMINATION
CITY MAY SUSPEND WORK:
. 15.1. The C1TYmay, allOY time and without
cause, suspend the Work or any portion thereof for a
period of not JD(R than ninety days by notice in writing
to CONTRACTOR and ENGINEER which will fix the
date on which Wark will be r=sumed. CONrRACl'OR
shall resume the Work OD the date so fixed. CON-
1RACfOR shall be allowed an increase in the Contract
Price or an extension of the Contract Time, or both,
directly . attributable to any suspension if
CONTRAcrOR makes an approved claim therefor as
provided in Articles 11 and 12.
CITY MAY TERMINATE
15.2. Upon the occmrence of anyone or more
of the following events:
15.2.1. If CONTRACTOR
commences a voluntary case under any chapter
1?4. The CITY may terminate this Contract
without cause by giving seven (7) daYs prior written
notice to the Contractor, and in such event, the CITY
,will pay the CONTRACfOR for that portion, of the
Contract Sum, less the aggregate of previous payments,
allocable to the Work: completed as of the Date of
Termination, plus reasonable termination expenses.
The CITY also will reimburse the CONTRACTOR for
all costs necessarily incmred for organizing and
cmying out the stoppage of the Work and paid directly
by the CONTRAcrOR, not including overhead,
general expenses or profit. The CITY will not be
The CITY may, after giving CONTRACTOR responsible to reimburse the CONTRACTOR for any
and Surety seven days written notice of any default and continuing contractual commitments to subconlI'aCtors
GC:..34
of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect. or if
CON'I'RAC!OR takes any equivalent or similar
action by filing a petition or otherwise under any
other federal or state law in effect at such timing
relating to the bankruptcy or insolvency;
15.2.2. If a petition is filed against
CONTRACTOR under any chapter of the
Bankruptcy Code as now or hereafter in effect at
the time of filing. or if a petition is filed seeking
any such equivalent or similar relief against
CONTRACfOR under any other. federal or state
law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRAcrOR makes a
general assignment for the benefit of creditors;
15.2.4. Iia 1rUStee. receiver. custodian
or agent of CONTRAcrOR is appointed under
applicable law or under contract, whose
appointment or authority to take charge of
property of CONTRAcrOR is for the purpose
of enforcing a Lien against such property or for
the purpose of general ad",ini!;tration of such
property for the benefit of CONTRAcrOR'S
creditors;
15.2.s~ . IfCONTRACl'OR admits in
writing an. inability to pay its debts generally as
they become due;
15.2.6. Ii CONTRACTOR fails to
perform the Work in accordance with the
ContraCt Documents (including, but not limited
to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to
adhere to the progress schedule established
under paragraph 2.9 as revised from time to
time);
15.2.7. IfCONl'RACI'OR disregards
Laws or Regulations of any public body having
jurisdiction;
15.2.8. If CONTRACTOR disregards
the authority of ENGINEER; or
15.2.9. IfCONl'RAcrOR otherwise
violates any provisions of the Contract
Documents;
to the extent permitted by Laws and Regulations,
terminate the services of CONTRAcrOR, exclude
CONTRAcrOR from the site and take possession of
the Work and of all CONTRAcrOR'S tools,
appliances, construction equipment and machinery at
the site and use the same to the full extent they could be
used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion),.
incorporate in the Work all materials and equipment
stored at the site or for which the CITY has paid
CONTRACTOR but which are stored elsewhere, and
finish the Work as the CITY may deem expedient. In
such case CONTRAcrOR shall not be entitled to
receive any further payment until the Work is finished.
If the unpaid balance of the Contract Price exceeds the
expense of completing the work including
compensation for additional managerial and
Jdm;ni!ltrative Services, plus the CITY'S direct, indirect
and consequentia110sses, damages and costs because of
the CONTRACTOR'S default (including but not limited
to fees and charges of engineers. architects, attorneys,
and other professionals and court costs) such excess
will be paid to CONTRACTOR. If such expenses and
costs plus the ClTY'S losses and damages exceed such
unpaid balance. CONTRACTOR shall pay the
difference to the CITY promptly on demand. Such
costs incmed by the OTY will be approved as to
reasonableness by ENGINEER and incorporated in a
Change Order, but wben exercising any rights or
remedies under this paragraph the CITY shall not be
required to obtain the lowest price for the work
performed.
153. Where CONTRACTOR'S services have
been so terminated by the CITY. the termination will
not affect any rights or remedies of the CITY against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by the CITY will not release
CONTRACTOR from liability.
or material men or for penalties or damages for
canceling such contraCtual commianen!-S. (with the
exception that the CITY shall reimburse the
CONTRAcrOR for major materials or equipment
purchased befoR termination if the CONTRAcrOR
can show proof of said purchases prior to notice of
termination) inasmuch as the CONTRACTOR shall
make all subcontracts and other commitments subject to
this provision. In the event of termination by the CITY,
the Cl1Y may require the CONTRAcrOR promptly to
assign to it all or some subcontracts, construction, plant,
materials, tools, equipment, appliances. rental
agreements, and other commibnents whi~h. the CITY, in
its sole discretion, chooses to take by assIgnment, and
in such event the CONTRACI'OR shall promptly
execute and deliver to the CITY written assignments of
the same.
CONTRACfOR MAY STOP WORK OR
TERMINATE:
15.5. If, through no act or fault of
CONTRACI'OR. the Work is suspended for a period of
mOR than ninety (90) days by the CITY or under an
. order of court or other public authority, or ENGINEER
fails to ad on any Application for Payment within thirty
(SO) days atter it is submitted, or the CITY fails for
sixty (60) days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACl'OR may, upon
seven (7) days written notice to the CITY and
ENGINEER. terminate the Agreement and the CITY
will pay the CONTRACI'OR for that portion of the
Contract Sum. less the aggregate of previous payments,
allocable to the work completed. as of the Date of
Termination plus reasonable termination expenses. The
CITY will not. be responsible to reimburse the
CON1'RACI'OR for any continuing contractual
commitments for canceling such contractual
commitments inasmuch as the CONTRACTOR shall
make all subcontracts and other commitments subject to
this provision. The CITY may reqm the
CONTRACI'OR promptly to assign to it all or some
subcontracts. construction, plant, materials, tools,
equipmeut, appliances, rental agreements, and any other
commitments which the CITY, in its sole discretion,
chooses to take by assignment, and in such event. the
CONTRACI'OR shall promptly execute and deliver to
the CITY written assignments of the same. In addition
and in. lieu of terminating the Agreement, if
ENGINEER has failed to act on an Application for
Payment or the C11Y has failed to make any payment
as aforesaid, CONTRACI'OR may upon seven (7) days
written notice to the CITY and ENGINEER. stop the
Wort. until payment of all amounts then due. The
provisions of this paragraph shall not relieve
GC-35
CONTRAcrOR of the obligations under paragraph
6.29 to cany on the Work in accordance with the
progress schedule and without delay during disputes
and disagreements with the CITY.
ARTICLE 16 . MISCELLANEOUS
GIVlNG NOTICE:
16.1. Whenever any provision of the.Contract
Documents requires the giving of Mitten notice, it will
be deemed to have been validly given if delivered in
person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or
if delivered at or sent by Rgistered or certified mail,
postage prepaid, to the last business address known to
the giver of the notice.
COMPUTATION OF TIME:
. 16.2. When any period of time is refmed to in
the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period.
If the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of
the applicable jurisdiction, such day will be omitted
from the computation.
NO LIMITATION OF RIGHTS AND REMEDIES:
16.3. The duties and obligations imposed by
these General Conditions and the rights and remedies
available hereunder to the parties hereto, and. in.
particular but without limitation, the wmanties,
guarantees and' obligations imposed upon
CONTRACI'OR by paragraphs 6.30, 13.1, 13.12,
13.14, 14.3 and 15.2 and all of the rights and remedies
available to die CITY and ENGINEER thereunder, are
in addition to , and are not to be construed in any way
as a limitation of, any rights and remedies available to
any or all of them which are otherwise imposed or
available by Laws or Regulations, by special wammty
or guarantee or by other provisions of the Contract
Documents, and the provisions of this paragraph will be
as effective as if repeated specifically. in the Contract
Documents in connection with each particular duty
obligation. right and remedy to which they apply. All
representations wmanties and guarantees made in the
Contract Documents will survive final payment and
termination or completion of the Agreement.
ACCIDENT AND PREVENTION:
16.4. The safety provisions of applicable laws
and building and CODStt11ction codes shall be observed
by CONTRACTOR and the ContraCtor shall take or
cause 10 be taken such additional safety and health
measures as the Local Public Agency involved may
determine'to be reasonably necessary. Machinery.
equipment and all hazards shall be guarded in
accordance with the safety provisions of the "Manual of
Accident Prevention in ConstrUCtion" as published by
the Associated General Contractors of America, Inc. to
the extent that such provisions are not in conflict with
applicable laws. The ContraCtor shall maintain an
accurate record of all cases of death. occupational
disease, odnjury requiring medical attention or causing
loss of time from work, arising out of and in the course
of employment on Work under the Contract. The
Contractor shall promptly fmnish the Local Public
Agency with reports concerning these matters.
16.5. In the event the CITY is prevented from
proceeding with any or all of this Work as stated in this
ContJ'ICt. due to a declaration of war, or national
emergency, by the United States government. whereas
the construCtion of the type contraCted for .herein is
specifically prphibited by statute or governmental edict,
or due to the stoppage of construction caused by any
governmental agency, State. City, Town, or County
regulations. orders, restrictions, or due to circumstances
beyond the crrY'S control, then the CITY herein'
reserves the right to either suspend the Work to be done
for an indefinite period of time or to cancel this
Agreement outright by giving notice by registered mail
of such intention 10 the CONTRACTOR herein. In the
event of any conditions above mentioned ocCUIring
after the Work herein bas already been commenced.
then the CITY herein shall be liable for only the
cancellation or suspension without tho addition of
prospective profits or other changes whatsoever.
FLORIDA PRODUCTS AND LABOR
16.6. The CONTRACTOR'S attention is
called to Section 255.04, Florida Statutes, which
requires that on public building contracts, Florida
products and labor shall be used wherever price and
quality are equal.
EMPLOYEES:
16.7. All labor described in these
speCificatiODS or indicated on the Drawings and the
Work specified or indicated shall be executed in a
GC-36
thoroughly substantial and workmanlike manner by
mechanics skilled in the applicable trades.
16.8. Any person employed on the Work who
fails, refuses or neglects to obey the instructions of the
CONTRACTOR.in anything relating to this Work or
who appears to the CITY to be disorderly, intoxicated,
insubordinate, or incompetent, shall upon the order of
the CITY, be at once discharged and not again
employed in any part of the Work. Any interference
with, or abuse or threatening conduct toward the. CITY,
ENGINEER or their inspectorS by the CONTRACTOR.. .
or his employees or agents. shall be authority for the
CITY to annul the Contract and re-Iet the Work. No
intoxicating substance shall be allowed on the Work
site.
NON-DISCRIMINATION:
16.9. The CONTRAcrOR shall not
discriminate against employees or applicants for
employment because of race, creed. color, teligion. sex,
age, handicapped status, disabilities. or national origin.
The CONTRACTOR will endeavor to ensure that
applicants are employed and that employees are treated
during employment, without regard to their race, creed,
color, religion. sex. age, handicapped status, or national
origin. Such action shall.include but not be limited to
the following: employment, upgrading, demotion, or
ttansfer; recruitment advertising; layoff or termination;
rates of payor other. forms of compensation; and
selection for training including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places.
available 10 employees and applicants for employment,
notices setting forth the provisions of this
nondisCrimination clause. These provisionS apply to all
subcontractors and it is the responsibility of the
ASSIGNMENT:
16.10. This Agreement. nor any monies due
hereunder, or any part thereof. shall not be assigned, or
tranSferred. by CONTRACfOR., nor shall the CITY be
liable to any assignee or transferee, without the written
consent of the CITY, to the assignment, or transfer. .
The CITY shall not release or discharge
CONTRACTOR from any obligation hereunder. The
CITY shall not approve an assignment or transfer
unless the Surety on the Contract Performance and
Payment BondS has informed the CITY in writing that
it consents 10 the assignment or transfer.
VENUE:
16.11. This Agreement shall be govemed by the
laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this
Agreement is fixed in Pinellas County, Florida.
ASBESTOS:
16.12. If the CONfRACfOR during the course
of the Work observes the existence of asbestos in any
structure, building or facility, the CONTRAcrOR shall
promptly notify the CITY and the ENGINEER. The
CITY shall consult with the ENGINEER. regarding
removal or encapsulation of the asbestos material and
the CONTRActOR shall not perform any Work
pertinent to the asbestos material prior to receipt of
special instructions from. the CITY through the
ENGINEER.
RIGHT TO AUDIT:
16.13 If the CONTRAcrOR submits a claim
to the CITY for additional compensauon. the CITY
shall have the right, as a condition to considering the
claim, and as a basis for evaluation of the claim, and
until the claim has been settled. to audit the
CONI'RACfOR'S books to the extent they are relevant.
This right shall include the right to examine books,
records, documents. and other evidence and accounting
procedures and practices, sufficient to discover and
verify all direct and indirect costs of whatever nature
claimed to have bcenincurred or anticipated to be
incurred and for which claim bas been submitted. The
right to audit shall include the right to inspect the
CONTRAcrOR'S plants. or such parts thereof, as may
be or have been engaged in the performance of the
W OI:k. The CONTRACTOR further agrees that the
right to audit encompasses all subcontracts and is
. binding upon all subcontractors. The rights to examine
and inspect herein provided for shall be exercisable
through such representatives as the CITY deems
desirable during the CONTRActOR'S normal business
hours at the office of the CONTRAcrOR. nie
accounting records and documents, and other financial
data, and upon request, shall submit trUe copies of
requested records to the CITY.
CONTRACT TIME; UQUIDATED DAMAGES:
paragraph 14.13 of the General Conditions within the
stated calendar days from the date of Substantial
Completion.
16.14.1 Liquidated Damages. The
CITY and CONTRACfOR recognize that
time is of the essence of this Agreement and
that the CITY will suffer financial loss if the
Work is not .completed within the tjmes
specified in ContraCt llDlC above, plus any
extensions thereof allowed in accordance with
Article 12 of the General Conditions.
The CITY and CONTRACTOR recognize,
agree and acknowledge that it would be
impractical and extremely difficult to ascertain
and fix the actual damages that the CITY
would suffer in the event CONTRAcrOR
neglects. refuses, or otherwise fails to
complete the work within the.time specified.
Accordingly, instead of requiring any such
proof, the CITY and CONTRACTOR agree
that as liquidated damages for delay (but not
as a penalty) CONTRACTOR shall pay the
CITY five hundred dollars (SSOO.OO).for each
day that expires after the time specified in
paragraphs 3.1 for substantial completion until
the Work is substantially complete. After
Substantial Completion, if CONrRAcrOR
shall neglect, refuse or fail to complete the
remaining Work within the Contract Tune or
any proper extension thereof granted by the
CITY, CONTRACTOR shall pay ClTYfive
hundred dollars (SSOO.OOLfor each day that
expires after the time specified in paragraph
3.1 for completion and readiness for final
payment.
PAYMENT PROCEDURES:
16.15 ContraCtor shall submit Applications
for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be
proceSsed by ENGrnEER as provided in the General
Conditions.
16.15.1 Progress Payments. The
CITY shall make progress payments on
account of the Contract Price on the basis of
CONTRACTOR'S ApplicationS for Payment
as recommended by ENGINEER. on or about
the first day of each month during construction
as provided below. All progress payments will
be on the basis of the progress of the Work
me~ured by. the schedule. of values
established in Paragraph 2.6.3 of the General
Conditions and in the case of Unit Price Work
based on the number of units completed or, in
the event there is no schedule of values, as
provided in . the General Requirements.
Contta.ctors sball submit a Progress Payment
affidavit and partial release of lien to the
CITY on forms which the CITY may provide,
indication that all subcontractors, sub-
subcontractors, laborers, materialmen, and
suppliers have been paid for the improvements
completed
16.15.1.1 Prior to Substantial
Completion progress payments will be made
in an amount equal to 90% of the work
completed, but, . in each case, less the
aggregate of payments previously made and
_ less such amounts as ENGlNEER shall
determine. or the CITY may withhold, in
accordance with paragraph 14.7 of the General
Conditions.
16.15.1.2 Prior to Substantial
Completion, progress payments for materials
and equipment not incorpOIated in the Work
but delivered and suitably stored and
accompanied by documentation satisfactory
to the CITY, as provided in paragraph 14.2 of
the General Conditions, will be made in an
amount equal to 0% as established by the
schedule of values.
l6.15.2 Final Payment. Upon final
completion and acceptance of the Work in
accordance with paragraph 14.13 of the
General Conditions, .the CITY shall pay the
remainder of the Contract Price as
recommended by ENGINEER as provided in
said paragraph 14.13. Prior to final payment,
the Contraetor must provide the City with
waivers of any and all claims and liens form
the Contractor and any subcontractors, sub-
subcontractors, laborers, suppliers of
materialmen. These waivers are conditions
precedent to final payment. The City may
withhold amounts it deems necessary to cover
any claims of which it" has been notified of
subcontractors, sub-subcontractors, laborers,
suppliers of materialmen or others from final
payment to the Contractor.
CONTRACTOR'S REPRESENTATIONS:
16.16 In order to induce the CITY
GC-38
to enter into this Agreement CONTRACTOR
makes the following
representations:
16.16.1 CONTRACI'OR has
familiarized itself with the nature and extent of
the Contract Documents, Work, site,locality,
and all local conditions and Laws and
Regulations that in any manner may affect
cost, progress, performance or furnishing of
the Work.
16.16.2 CONTRACI'OR has
obtained at hislher own expense and carefully
studied, or assumes responsibility for
obtaining and .carefully studying, soil
investigations, explorations, and test reports
which pertain to the subsurface conditions at
or contiguous to the site or otherwise may
affect the cost, progress, performance or
furnishing of the Work as CONTRACfOR
considers necessary for the performance or
furnishing of the Work at the Contract Price,
within the Contract Price, within the Con~t
Tunc and in accordance with the other terms
and conditions of the Contract Documents,
including specifically the provisions of
paragraph 4.2 of the General Conditions and
paragraph 4.4 of the Instructions to Bidders;
aDd no additional examinations,
investigations, explorations, tests. reports,
studies or similar information or data are or
will be required by CONTRACI'OR for such
purposes.
16.16.3 CONTRAcrOR has
reviewed and checked all infcmnation and data
shown or indicated on the Contract
Documents with respect to existing
Underground Facilities at or contiguous to the
site and assumes responsibility for the
accurate location of said Underground
Facilities. No additional examinations,
. investigations, explorations, tests, reports,
studies or similar information or data in
respect of said Underground Facilities are or
will be required by CONTRACTOR in order
to perform and fUrnish the Work at the
Contract Price, within the Contract Time and
in accordance with the other terms and
conditions of the Contract Documents,
including specifically the provisions of
Paragraph 4.3 of the General Conditions
16.16.4 CONTRAcrOR
has
concIated the results of all such observations.
ey.minatiODS. investigations. explorations,
tests. reports and studies with the terms and
conditions of the Contract Documents.
16.16.5 CONTRAcrOR bas given
written notice of all conflicts, errors or
discrepancies that he has discovered in the
ContraCt I>ocum=nts .and the written resolution
thereof by ENGINEER is acceptable to
CONTRACTOR.
Azurix North America
Compmy: Underqround Infrastructure, Inc_
109 Applewood Drive, Longwood, FL 32750
407-260-9668
Date: Auqust 21,2002
Sipalure: a~. .Jl~
(Aa~;;~~er)
. .. Michael Cannon
Vice President
(CORPORATE SEAL)
GC-39
r
Bidder will complete the Work for the fonowing prices:
SCHEDULE OF BID PRICES
Quantity Unit Urdt Cost Total Cost
I Bid
Number
Bid Item
1
Line Caning - Light
Line Cleaning -Specialty ~
2000
SOO .
1000
2
3
8R Inversion LilUng - 6 nun Thichness
lOR Inversion LilUng - 6 nun Thic:kness
lOR Invezsion Lining - 7.5 aim Thickness
12" Inverion LilUng - 6 nun Thickness
12" Inversion Lining - 7.5 aim Thiclcness
15" Invezsion Lining - 6 mm Thic:kness
15" Invezsion Lining . 7.5 mm Thickness
500
500
4
5
6
7
8
9
10 15" Inver.sion Lining - 9 mm Thic:kness
11
18" Inversion Lining - 6 DUn Thic:kness
12 18" Inver.;ion Lining - 7.5 mm Thickness
13 ISRlnversion Lining - 9 DUn Thic:kness
14 18" Inversion Lining -10.5 mm'Thickness
15 Service Laterals - Standard Reconnec:tion
16 12" Inversion Lining (Stormwater, 6 mm. +/-1.5 mm)
100
100
100
SOO
17 15" Inversion Lining (Stormwater, 7.5 DUn, + / -1.5 mm). 100
18 ISR Inversion Lining (Stormwater, 9 mm. +/-1.5 mm)1r 100
19 24" Inversion Lining (Stormwater, 10.5 mm,. +/-1.5 mm)
100
LF -I p,5tJ -#
LF~1tJtJ *'$
LF -11 ~ 'I. p ~ c:t.
-iJ .;
LF $;1, ~~
LF .f!. ~$, p" 4J
LF ~ ~.~ SO .,
LF --II .ar,. So ~
~ -:i
loP 5~ ..t; 0
LF ..JI ~tJ. 50 .::J
LF ~ 61: .D /) ":t
LF -:1/6/.50 If "$
LF fi (:;,j,JrOy 4
LF -fI~5.5() { ~
LF ~(;'1.5v i ~
EA of; ;, Of) ~
LF -:i E1.5IJ -:f
LF ? :"~.S7J ?
LF .IJ (, 1.5lJ -:I
LF c1J 9'1..5 ~ ~
LF ~ /23.5(' -=#
J J,B.so
t<;;'~,/: ~ a i7 l"
II IJdd. ~/)
~, 5'tJtJ. PtJ
~.1. I/pg. p~
/5 .b"pt1. tJ"
~
-
IIP,5"tJr},GI)
~~ 5 5cJ,(J~
./J. 1.50. p~
, (If
5 t?/i"~. de
.
.
(;, Plf'tJ,l)()
(" 45"11,1)() .
&, /5 tJ. Po
t, .35&. ~(,
/;, 55(1. (16
/;, 15p.. &0
-
.!;JC7t:P.. t?~
.,3, 16 tJ. tJ ()
./ .,.-'" .oj
"--K":::;; v' vi)
?, 7 ~tJ. ,p"
~ Cj5C;d:;O
/;2., 35't'.('t'
gDe:> + l..P
,
20 3O"InversionLining(Stormwater, 12mm.+/-l.5 mm) \'J 100
"
~(, .
Total Evaluated Bid For.
Bid. No. 'IS" 02-B-871
Project: Sanitary Sewer and Stonnwater Inversion Lining
Numbers -1J 15'(,/(J.,{){J. (JO
Words OJJG' HtI /Ji:.t!.e):; .FI t=rt./- 51 ~ 'f !fvflS"f1J j) -r tilt; IJtI ;.iJJIt€ tJ :tol...t.../f~ --r /.Jo UJJ ~
. Azur~x Nortn America Underground
Company: Infrastructure .
I ;C "'^ 'ill\.
100
100
100
100
100
100
100
Signature (Authorized Corporate Official):
I
President
'. 1\.
Section 01025
SECTION 01025
MEASUREMENT AND PAYMENT
PART 1- GENERAL
1.01 EXPLANATION AND DEFINITIONS
The following explanation of the Measurement and Payment for the bid form items is made for information and
guidance. The omission of reference to any item in this description shall not, however, alter the intent of the bid form
or relieve the Contractor of the necessity of furnishing such as part of the Contract.
1.02 PAYMENT
A. Payment shall be made for the items listed on the Bid Form on the basis of the work actually performed and
" completed. Such work shall include, but is not limited to, the fumishing of all necessary labor, materials,
equipment, transportation, clean up, and all other appurtenances to complete the construction and installation
of the work, to the configuration and extent as shown on the drawings, and described in the specifications.
B. It is intended that all mobilization, maintenance of traffic, sediment and erosion control, testing, insurance, bond,
license and other miscellaneous administrative costs, and all other costs to the Contractor not spedfically
identified in the following item description be distributed among and included in the unit prices stated. No
additional payment shall be made for transportation, communications, office maintenance, project signs,
maintenance of traffic, barriers, and other incidental work or services, and no further payment shall be made for
remobilization unless all of the work is suspended by the Engineer for a period in excess of three months and
through no fault to the Contractor.
C All required manufacturer testing and certification should be included in the Unit prices shown in the Proposal
and Contract. Density testing required for compacted backfilling, and conc:Iete strength and materials testing
. required at the time of construction shall be performed and paid for by the contractor.
PART2-MATERIALS
Not Used
PART 3 -"EXECUTION
3.01 LINE CLEANING - Bid Item Nos. 1 &: 2
A. This item provides for all labor, equipment, material, bypass pumping, mobilization, restoration, traffic control,
barriers, and removal, handling and disposal of materials associated with line cleaning. The quantity to be
measured for payment under this item will be the actual number of lineal feet of line cleaned as measured from
wall of manhole inlet to wall of manhole inlet, regardless of pipe diameter.
B. Payment for line cleaning shall be made for light cleaning and specialty cleaning. Light cleaning is defined as
the removal of material and/or debris from a section of pipe (less than 20% of the pipe diameter). Specialty
cleaning is defined as the removal of material and/or debris (greater than 206k of the pipe diameter), or the
presence of grease, roots, pre-existing liner system, or tuberculation. The unit price for specialty cleaning shall
be inclusive of any additional equipment or resources necessary for the removal and disposal of such material,
and shall be paid for the actuallinea1 feet cleaned. Payment shall be made only after provision of disposal tickets
for disposed material
Page 1 of3
rn/l1/ftJ.ll:18 AM
Section 01025
. 3.02 8" INVERSION LINING. Bid Item No.3
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 8" inversion lining for s~tary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm..
3.03 10" INVERSION LINING - Bid Items No.4&: 5
. A. This item provides for all labor, equipment, material, mobilization, traffic control. barriers, setup, initial and final
televising, all bypass pumping, and installation of 10" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm or 7.5 mm. Variations in liner thickness shall be addressed by the respective
Bid Item.
3.04 U" INVERSION LINING - Bid Items No.6&: 7
A. This item provides for an labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 12" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wallmmaM~Wetrowallofmanh~inl~
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm or 7.5 mm. Variations in liner thickness shall be addressed by the respective
Bid Item.
3.05 15" INVERSION LINING - Bid Items No.8, 9 &r: 10
A. This item provides for an labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 15" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of maMole Wet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actUal number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm, 7.5 mul, or 9 mm. Variations in liner thickness shall be addressed by the
respective Bid Item.
3.06 18" INVERSION LINING - Bid Items No. 11, 12, 13 &r: 14
A. This item provides for an labor, equipment, material, mobilization, traffic control. barriers, setup, initial and final
televising, all bypass pump~g, and installation of 18" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm, 7.5 mm, 9 mm, or 10.5 mm. Variations in liner thickness shall. be addressed
by the respective Bid Item.
Page2of3
r17/171021l:18 AM
'Ie.' "-..:---.:.-_\ .. ~._... . .. - - - . -. ----. -
~0102S
3.07 SERVICE LATERALS - STANDARD RECONNECTION - Bid Item No. 15
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and reconnection of service laterals. The quantity to be measured for payment
under this pay item will be the actual number of service laterals reconnected.
B. Payment for service lateral reconnection shall be made for the actual number of service laterals reconnected. Unit
pricing shall not vary between service lateral or sewer line sizes.
3.08 12" INVERSION LINING (STORMW ATER, 6M:M +/- LSM:M) - Bid Item No. 16
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 12" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inlet
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thickness of 6 mm, and be paid for any variations of up to +1- 1.5nun.
3.09 15" INVERSION LINING (STORMW ATER, 7.SMM +/-I.SMM> - Bid Item No. 17
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 15" inversion lining for storm water lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inlet. .
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing ~hall be
based on.a nominal liner thickness of 7.5 mID, and be paid for any variations of up to + / - 1.5mm.
3.10 18" INVERSION LINING (STORMW ATER, 9MM +/-1.5MM) . Bid Item No. 18
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 18" inversion lining for stormwater lines. The quantity to be
measured for payment tmder this pay item will be th~ actual number of feet inversion lined measured from wall .
of manhole inlet to wall of manhole inlet
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a. nominal liner thickness of 9 mm, and be paid for any variations of up to +1- 1.5mm..
3.11 24" INVERSION LINING (STORMW ATER, 10.5l\.fM +/-l.SMM> - Bid Item No. 19
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, an bypass pumping, and installation of 24" inversion lining for storm water lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual nUII1ber of feet inversion lined.. Unit pricing shall be
based on a nominal liner thickness of 10.5 mm, and be paid for any variations of up to + 1-1.5mm.
3.12 30" INVERSION LINING (STORMWATER, 12MM +/- LSMM) - Bid Item No. 20
.A. . 'This item provides for all labor, equipment, material,. mobilization, traffic control, barriers, setup, initial and final
televising, an bypass pumping, and installation of 30" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
Page 30/3
(11117/02 11:18 AM
Sec:tion 01025
of manhole inlet to wall of manhole inlet
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thickness of 12 mm, and be paid for any variations of up to + / - 1.5mm.
END OF SECTION
Page 4 of3
a7/17111l. 11:18 .AM
Section 01530
SECTION 01530
BARRIERS
PART I-GENERAL
1.01 REQUIREMENTS INCLUDED
Furnish, install and maintain suitable barriers as required to prevent public entry, and to protect the Work, existing
facilities, trees and plants from construction operations; remove when no longer needed, or at completion of Work.
L02 RELATED REQUIREMENTS
A. Section 01010: Summary of W orl<.
B. Section 01500: Construction Facilities and Temporary controls.
PART 2 - PRODUCTS
2.01 MATERIALS, GENERAL
Materials may be new or used, suitable for the intended purpose, but must not violate requirements of applicable
codes and standards.
2.02 FENCING
A. Minimum fence height six feet.
B. Open-Mesh Fence:
1. No 11 gauge, two inc:h mesh, 72 inc:hes high galvanized c:hain link fabric, with extension arms and three
strands of galvanized barbed wire.
2. Galvanized steel posts; 1-1/2 inch line posts and two inc:h comer posts.
2.03 BARRIERS
Materials are Contractor's option, as appropriate to serve required purpose.
PART 3 - EXECUTION
3.01 GENERAL
A. Install facilities of a neat and reasonably uniform appearance, structurally adequate for the required pwposes.
B. Maintain barriers during ~tire construction period.
C. Relocate barriers as required by the progress of construction.
Page 10f2
rJ7/U/02. 2;37 PM
1:.\ ,,-*-,...--:.._, A~_"""'-!_""""" ..ft" _1_-....'-' "".-.....
::.ect1on Ul::i3U
3.02 FENCES
A. Provide and maintain fences necessary to assure security of the site during construction to keep unauthorized
people and animals form the site when construction is not in progress.
B. Gates shall have l~j and keys shall be furnished to the Owner.
C. Provide additional security measures as deemed necessary and approved by the Engineer.
3.03 TREE AND PLANT PROTECTION
A. Preserve and protect existing trees and plants at site which are designated to remain, and those adjacent to site.
B. Consult with. the Engineer, and remove agreed-on roots and branches which interfere with construction.
1. Employ qualified tree surgeon to remove branches and treat cuts.
C. Provide temporary baniers to a height of six feet, around each, or around each group, of trees and plants.
D. Protect root zones of trees and plants:
1. Do not allow vehicular traffic or parking.
2. Do not store materials or products.
3. Prevent dumping of refuse or chemically injurious materials or liquids.
4. Prevent puddling or continuous nmning water.
E. Carefully supervise excavating, grading and filling, and other construction operations, to prevent damage.
F. Replace, or sui~bly repair, trees and plants designated to remain which are damaged or destroyed due to
construction operations.
3.04 REMOV At
A. Completely remove barricades, omit, when construction has progressed to the point that they are no longer
. needed and when approved by Engineer.
B. Repair damage caused by construction. Fill and grade areas of the site to the required evaluations, and clean up
the area.
Page 2 of2
(f1 /12/02 '2;37 PM
'1:.\ 'C'_...:.....:-...\. A"":"_ 'IL.-:_"'-'\ B 'PI "'" _ .__ _,____, ,.,.~^ 'D_--Z_~4 .
Section 01570
SECTION 01570
TRAFFIC CONTROL
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Provide, ope~ate and maintain equipment, services and personnel, with traffic control and protective devices,
as required to expedite vehicular traffic flow around the construction area.
B. Remove temporary equipment and facilities when no longer required, restore grounds to original, or to specified
conditions. .
1.02 REFERENCES
Traffic regulation shall be in accordance with F.D.O.T. Roadway and Traffic Design Standards, Manual on
Uniform Traffic Control Devices, and FOOT Standard Specifications, latest Editions.
1.03 TRAFFIC CONTROL PLAN
A. The Contractor is to prepare a traffic control plan and/ or policy statement for each phase of construction. This
plan is to be presented to the City Engineer at or before the pre-construction meeting.
B. All proposed traffic control plans and policy statements shall be complete and in compliance with Section 1.02
1.04 TRAFFIC SIGNALS AND SIGNS
A. Provide and operate traffic control and directional signals required to direct and maintain an orderly flow of
traffic in all areas under Contractor's control, or affected by Contractor's operations.
B. Provide traffic control and direction signs, post mounted, at all areas required by Section 1.02
C. Traffic Signals - Construction requiring traffic signal modification shall be reported to the Oty Engineer at least
72 hours prior to the commencement of such activities. All excavation work within 30 feet of any traffic signal
shall be reported to the City Engineer at least 72 hours prior to its commencement.
~ D. All existing traffic signs shall remain visible throughout constructi~n activities unless superseded by required
construction signing.
1.05 FLAGMEN
Provide qualified and suitably equipped flagmen when construction operations enaoach on traffic lanes,
as required for regulation of traffic (See Section 1.02).
Page 1 of 2
a7/12/022:37 PM
Section 01570
1.06 FLARES AND LIGHTS
A. Provide lights as required by Section 1.02.
1. To clearly delineate traffic lanes and to guide traffic as required in Section 1.02
2. For use by flagmen in directing traffic.
B. Provide illumination of critical traffic and parking areas as required in Section 1.02.
1.07 CONSTRUCTION PARKING CONTROL
A. Control vehicular parking to preclude interference with public traffic or parking, access by emergency vehicles,
Owner's operations, or constructi?n operations.
B. Monitor parking of construction personnel's private vehicles.
1. Maintain free vehicular access to and through parking areas and driveways.
2. Prohibit parking on or adjacent to access roads, or in non-designated areas.
1.08 CONSTRUCTION VEHICLES
A. All slow moving construction vehicles shall have a slow moving sign visible from the rear of the vehicle.
B. All vehicles used for construction activities shall have audible back-up warning devices.
L09 ROAD CLOSURES
A. No road shall be closed prior to receiving approval from the City Engineer.
B. At least seven days prior to a proposed road closure, the contractor shall submit to the City Engineer a complete
traffic control plan. This plan shall include the following minimum information: ..
1. Sketch of work site and all area roads, streets and mark driveways.
2. Proposed detour route.
3. All necessary traffic control devices to be used.'
4. Emergency contractor contact person name and phone to be available 24 hours a day.
5. Estimated times! dates of road closure.
C. The City Engineer shall have the authority to approve an emergency road closure.
PART 2 - PRODUCTS
A. All traffic control devices shall meet or exceed FOOT certification standards.
B. All traffic signs shall have high intensity face material.
PART 3 - EXECUTION
A. Upon notification by the owner either verbally or in writing, the contractor shall correct any noted deficiencies
within one hour.
B. Inspection of all traffic control items shall be accomplished at least twice per day. One of these inspections shall
be at the end of the work day or at night.
Page 2 of2
07/12/02 'J:.37 PM
Section 02701
SECTION 02701
PIPE LINING BY INVERSION
PART 1- GENERAL
1.01 SCOPE
This practice describes the procedures for the reconstruction of pipelines and condUits (8 , 10, 12,15, and 18 in., and
laterals) by the installation of a resin-impregnated, flexible tube which is inverted into the existing conduit by use of
a hydrostatic head or air pressure. The resin is cured by circulating hot water or introducing controlled steam within
the tube. When cured, the finished pipe will be continuous and tight-fitting. This reconstruction process can be used
in a variety of gravity and pressure applications such as sanitary sewers and storm sewers. Pipelines for
reconstruction on this project consist of primarily ductile iron pipe, with some reinforced concrete pipe and vitrified
clay pipe.
The work is to be performed by annual bid, with an estimated minimum footage of two thousand five hundred (2,500)
lineal feet of sewer line to be inversion lined on an annual basis. The term of this bid will be from the date of award
through September 30, 2003. The Oty of Largo reserves the right to extend the contractor for two additional one-year
extensions with the approval of the contractor. The estimated footages identified in the Schedule of Bid Prices are for
comparison only. The locations to be inversion lined will be as directed by the City of Largo designated
representative. The Oty of Largo will issue task orders to the contractor in minimum increments of $25,000 or more.
The Contractor shall be required to be on the job site and performing services within twenty-one (21) days of
notification of each service request .
No dig itiversion liIiing is required. The Contractor will be responsible for sewage flow control during all hours of
installation. Night installations may be required in some sewer lines due to sewage and/or traffic flow conditions.
Coordination of the flow control and rehabilitation is the responsibility of the Contractor.
The indemnification provision contained in the General Conditions is incorporated herein, and made a part hereof,
as if fully set forth herein.
SAFETY
1. Contractor will report any condition to the City of Largo which may pose a threat to the health and welfare of
employees of the Oty, Contractor, or the general public.
2. Contractor will use employees that are properly trained and who are aware of possible work, materials, and job-
site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable regulations and
safety precautions.
4. Contractor shall comply with allloca1, state and federal safety requirements, including but not limited to OSHA.
REFERENCED DOCUMENTS
ASTM Standards:
0543
0638
0790
Test Method for Resistance of Plastics to Chemical Reagents
Test Method for Tensile Properties of Plastics
Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical In.su1ating
Materials
Oefinitions of Terms Relating to Plastics
Test Method for Peel or Stripping Strength of Adhesive Bonds
Terminology Relating to Abbreviations, Acronyms and Codes for Terms Relating to Plastics
Practice for Underground Installation of Fiberglass (Glass Fiber Reinforced Thermosetting Resin) Pipe
Terminology Relating to Plastic Piping Systems
D883
0903
01600
03839
F412
Page 1 of6
07/16/02 8:06 AM
Pipe Lining by InversioD
Section 02701
F1216 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and curing of a Resin-
Impregnated Tube
F1743 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by Pulled-in-Place Installation of
Cured-in-Place Thermosetting Resin Pipe (CIPP)
AWWA Standard:
l-4anual on Ceaning and Lining Water Mains, M28
NASSCO Standard:
Recommended Specifications for Sewer Collection System Rehabilitation
TERMThiOLOGY
A. Descriptions of Terms Specific to This Standard:
1. cured-in-place pipe (CIPP) - a hollow cylinder containing a non-woven or a woven material, or a
combination of non-woven and woven material surrounded by a cured thermosetting resin. Plastic
- coatings may be included. This pipe is formed within an existing pipe. Therefore, it takes the shape of
and fits tightly to the existing pipe.
2. inversion - the process of turning the resin-impregnated tube inside out by the use of water pressure or
air pressure.
3. lift - a portion of the CIPP that has cured in a position such that it has pulled away from the existing pipe
will .
REQUIRED CONTRACTOR EXPERIENCE .
The contractor performing lining services shall submit documentation in support of the following requirements:
A. Contractor providing the inversion lining service must be Florida based, or have Florida offices established
for a minimum of five (5) years;
B. Contractor must have a minimum three (3) years experience with the liner system being proposed;
C. Inversion lining system shall have a minim1JIIllOO,OOO lineal feet of installation within the U.S., and 50,000
lineal feet of installation within Florida.
D. Contractor and liner system must provide a non-prorated, one-year guarantee on the fu:\er installed. The liner
must prohibit root intrusion, protect the existing sewer line from further deterioration, and provide a surface
coating resistant to sewer gases and chemicals.
E. Contractor and manhole sealing system must provide a non-prorated, five-year guarantee on material and
workmanship for manhole sealing and annular space sealing. The manholes, along with annular spaces at
pipe to manhole and lateral to pipe connections, shall be free from infiltration for a period of five-years.
PART 2 - PRODUCTS
MATERIALS
A. Structural Properties
The installed CIPP shall meet the following minimum structural properties:
Tensile Strength (ASTM D638)
Flexural Strength (ASTM 0790)
3,000 psi
4,000 psi
Page 2of6
a7/16/02 8:06 AM
Pipe Uning by bMlftiOll
Section 02701
Flexural Modulus of Elasticity (ASTM D790)
300,000 psi
Retention of Properties to Account for long Term Effects
50%
B. Tube - Tubes shall be manufactured in accordance with ASTM F1216 or ASTM 1743.
C. Resin - A general purpose, unsaturated, styrene based t:hennoset resin and catalyst system or an epoxy resin
and hardener that is compatible with the inversion process should be used. The resin must be able to cure
in the presence of water and the initiation temperature for cure should be between 140 and 200 degrees
Fahrenheit.
PART 3 - EXECUTION
DESIGN CONSIDERA nONS
A. General Guidelines - The design thickness of the CIPP is largely a function of the condition of the existing
pipe. Prior to the commencement of design activities, concurrency must be provided by the owner as to the
pipe. length, condition, soil cover, anticipated loading, wastewater characteristics, and other conditions
integral in the design of each sewer segment. All inversion lining designs shall be based upon a system life
span of fifty (50) years.
B. The contractor shall submit designs to the owner for each manhole to manhole section of pipe prior to the
start of construction activities. Designs will be made in accordance with ASTM F1216. Designs will include,
at a minimum, assumptions, ca.1cu1ated liner design 1hickness by sewer segment, and r~ommended dry tube
~ckness for each sewer segment. Finished dry tube thickness shall exceed calculated design thickness for
all cases. . Cut sheets of the resin to be used shall also be provided. . .
C. Contractor shall submit technic:a1 information from the tube manufacturer on the maximum allowable tensile
stress for the tube with design calculations prior to the start of construction.
INSTALLATION
General
The work to be performed under this contract shall be performed Monday through Friday, 7:00 a.m. through 6:00 p.m.
The City acknowledges that the work to be performed may require performance of work outside of this time frame.
All work performed outside of the stipulated time frame must be requested and approved by the City of largo a
minimum of 24 haUl'S in advance of performing such work.
A. Oeaning and Inspection:
1. Prior to entering access areas such as manholes, and performing inspection or cleaning operations, an
evaluation of the atmosphere to determine the presence of toxic or flammable vapors or lack of oxygen
must be undertaken in accordance with local, state, odederal safety regulations.
2. Oeaning of Pipeline - All internal debris shall be removed and disposed of from the original pipeline.
Gravity pipes should be cleaned with hydraulically-powered equipment, high-velocity jet cleaners, or
mechanically-powered equipment (see NASSCO Recommended Specifications for Sewer Collection
System Rehabilitation).
3. Inspection of Pipelines - Inspection of pipelines shall be performed by experienced personnel trained in
locating breaks, obstacles, and service connections by closed circuit television. The interior of the pipeline
shall be carefully inspected to determine the location of any conditions that may prevent proper
installation of the impregnated tube, such as protruding service taps, collapsed or crushed pipe, and
reductions in the cross-sectional area of more than 40%. These conditions should be noted so that they
can be corrected.
Pages of6
07/16/02 8:06 AM
Pipe Lining by Inversion
Section 02701
4. Line Obstructions - The original pipeline shall be clear of obstructions such as solids, dropped joints,
protruding service connections, crushed or collapsed pipe, and reductions in the cross-sectional area
of more than 40% that will prevent the insertion of the resin-impregnated tube. If inspection reveals
an obstruction that cannot be removed by conventional sewer cleaning equipment, then a point repair
excavation shall be made to uncover and remove or repair the obstruction. Point repairs shall be
performed by the City.
5. Resin Impregnation - The tube should be vacuum-impregnated with resin (wet-out) under controlled
conditions. The volume of resin used should be sufficient to fill all voids in the tube material at nominal
thickness and diameter.
6. Bypassing - Bypassing shall be used for j:}Us project When bypassing of the flow is required around the
sections of pipe designated for reconstruction, the bypass shall be made by plugging the line at a point
upstream. of the pipe to be reconstructed and pumping the flow to a downstream point or adjacent
system, as approved by the City. The pump and bypass lines shall be of adequate capacity and size to
handle the flow. Services with this reach will be temporarily out of service.
7. Public advisory servic~ will be required to notify all parties whose service laterals will be out of
commission and to advise against water usage until the mainline is back in service.
B. Inversion:
1. Using Hydrostatic Head - The wet-out tube shall be inserted through an existing manhole or other
. approved access by means of an inversion process and the application of a hydrostatic head sufficient
.to. fully ~end it to the next designated manhole or termination point. An alternative method of
installation is a top inversion. In this case, the tube is attached to a top ring and is inverted to form a
standpipe from the tube itself. Other methods shall be used only upon acceptance by the engineer.
2 Using Air Pressure - The wet-out tube shall be inserted through an existing manhole or other approved
access by means of an inversion process and the application of air pressure sufficient to fully extend it
to the next designated manhole or termination point.
3. Required Pressures - Required pressures for inversion shall be in accordance with tube manufacturer's
recommendations. Should the pressure deviate from manufacturer's acceptable pressure range at any
point of the tube installation, the tube shall be removed from the existing conduit.
C Lubricant - The use of a lubricant during inversion is allowed to reduce friction during inversion. Lubricants
are to be poured into the inversion water in the down-tube or applied directly to the tube. Lubricants shall
be a nontoxic, oil-based product that has no detrimental effects on the tube, will not support the growth of
bacteria, and will not adversely affect the fluid to be transported.
D. Curing:
1. Using Circulating Heated Water - After inversion is completed, a suitable heat source and water re-
circulation equipment are required to circulate heated water throughout the pipe. The equipment should
be capable of delivering hot water throughout the section to uniformly raise the water temperature above
the temperature required to effect a cure of the resin. Water temperature in the line during the cure
period should be as recommended by the resin manufacturer. .
a The heat source should be fitted with suitable monitors to gage the temperature of the incoming and
outgoing water supply. Another such gage should be placed betWeen the impregnated tube and the
pipe invert at the termination to determine the temperatures during cure. - .
L
Page40f 6
rr; 116/02 8:06 AM
Pipe Lining by Inversion
5eaion 0Z70l
b Initial cure will occur during temperature heat-up and is completed when exposed portions of the
new pipe appear to be hard and sound and the remote temperature sensor indicates that the
temperature is of a magnitude to realize an exotherm or cure in the resin. After initial cure is
reached, the temperature should be raised to the post cure temperature recommended by the resin
manufacturer, during which time the re-circulation of the water and cycling of the boiler to maintain
the temperature continues. The c:uring of the CIPP must take into acccnmt the existing pipe material,
the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of
soil).
2 Using Steam - After inversion is completed, suitable steam generating equipment is required to distribute
steam throughout the pipe. The equipment should be capable of delivering steam throughout the section
to uniformly raise the temperature with the pipe above the temperature required to effect a cure of the
resin. The temperature in.the line during the cure period should be as recommended by the resin
manufacturer. .
c The steam generating equipment should be fitted with a suitable monitor to gage the temperature
of the outgoing steam. The temperature of the resin being cured should be monitored by placing
gauges between the impregnated tube and existing pipe at both ends to determine the temperature
during cure.
d Initial cure will occur during temperature heat-up and is completed when exposed portions of the
new pipe appear to be hard and sound and the remote temperature sensor indicates that the
temperature is of a magnitude to realize an exotherm or cure in the resin. After initial cure is
reached, the temperature should be raised to post-c:ure temperatures recommended by the resin
manufacturer. The post-cure temperature should be held. for a period as recommended by the resin
manuiacturer, during which. time the distribution and control of steam to maintain the temperature
continues. The curing of the CIPP must take into account the existing pipe ma~ the resin system
and ground conditions (temperature, moisture level and thermal conductivity of soil).
. . . ,.
3. Required Pressures - Before the curing begins, the pressure required to hold the flexible tube tight against
the existing conduit shall be provided by the tube manufacturer. ~ the cure has started and dimpling
for laterals is completed, the required pres~ shall be maintained until the cure has been completed.
Should the pressure deviate more than 1 psi (23 It of water) from the required pressure, the installed
tube shall be removed from the existing conduit. If required by the owner, a continuous log of pressure
during cure shall be maintained. .
E. Cool-Down:
1. Using Cool Water After Heated Water Cure - The new pipe should be cooled ~ a temperature below 100
degrees F (38 degrees q before relieving the static head in the inversion standpipe. Cool-down may be
accomplished. by the introduction of cool water into the inversion standpipe to replace water being
drained from a small hole made in the downstream end. Care should be taken in the release of the static
head so that a vacuum will not be developed that could damage the newly installed pipe.
2. Using Cool Water After Steam Cure - The ~ pipe should be cooled to a temperature below 113" degrees
F (45 degrees C) before relieving the intema1 pressure within the section. Cool-down may. be
accomplished: by the introduction of cool water into the section to replace the mixture of air and steam
being drained: from a small hole made in the downstream end. Care should be taken in the release of the
air pressure so that a vacuum will not be developed that could damage the newly installed pipe.
F. Workmanship - The finished: pipe should be continuous over the entire length. of all inversion nm and be free
of dry spots, lifts, and delaminations. If these conditions are present, remove and replace the CIPP in these
areas.
Pages 016
CTJ /16/0%. 8..06 AM
----
Pipe Lining by InftZSioD.
Sedion 02701
1. If the CIPP does not fit tightly against the original pipe at its termination point(s), the space between the
pipes should be sealed by filling with a resin mixture ~ompatible with the CIPP.
G. Liner Sealing - After the new pipe has been cured in place, the liner shall be sealed at eac:h manhole. The
annular space between the inversion liner and marlho1e wall shall be sealed watertight, such that
groundwater intrusion between the existing line and inversion liner c:armot enter either temUnus manhole.
Sealant shall be as recommended by the lining system manufacturer, and as installed by the contractor.
Sealant shall be wammted as the liner system.
11. Service Connections - After the new pipe has been cured in place, the existing active service connections
should be reconnected. This should generally be done without excavation; service connections shall be made
by use of a television camera and a remote control cutting device in the case of non-man entry pipes.
Testing
.A. The preparation of two CIPP samples for each inversion length shall be provided (one from each of the
following two methods) if requested by the City:
1. The sample should be cut from a section of cured CIPP at an intermediate manhole or at the termination
point that has been inverted through a like diameter pipe which has been held in place by a suitable heat
sink, such as sandbags.
2. The sample should be fabricated from material taken from the tube and the resin/catalyst system used
and cured in a clamped mold place!:! in the downtube when drc:alating heated water is used and in the
silencer when steam is used.
.3. The samples for 1. And 2. Above should be large enough to provide a minimum of three specimens and
a recommended five specimens for flexural testing and also for tensile testing, if applicable. The
following test procedures should be followed after the sample is cured and removed.
a Short-Term Flexural (Bending) Properties - The initial tangent flexural modulus of elasticity and
flexural stress should be measured for gravity and pressure pipe applicaticms in ac:cordance with Test
Methods D 790 and should meet the requirements of Section 201.
b Tensile Properties - The tensile strength should be measured for pressure pipe applications in
accordance with Test Method D 638 and must meet the requirements of Section 2.01.
B. Delamination Test - II required by the owner in the contract doc:wnents or purchase order, a delamination
test shall be performed on each inversion length specified. The purchaser may designate the dissimilar JaYeD
between which the delamination test will be conducted. The peel or stripping strength between any non-
homogeneous layers of the CIPP laminate should be a minimum of 10 lb/in. (178.60 g/mm) of width for
typical CIPP applications.
C. Inspection and Acceptance - The installation shall be inspected by closed-circuit television. Variations from
true line and grade may be inherent because of the conditions of the original piping. No infiltration of
groundwater should be observed. All service entrances should be accounted for and be lmobstructed. In the
event infiltration is observed from laterals during inspecti~ the contractor shall repair the infiltration by
grouting at no additional cost to the City.
Photographs and Video
A. For each line segment inversion lined, the contractor is required to perform a video inspection, both pre-and post
inversion lining, performed by closed-drcuit television for acceptance. The video of all line segments shall be
submitted to the City of Largo on Digital Video Disc (OVD). The format used shall be sUch that the DVD is
Page 6 of6
rJ1/16/rJ2. 8:06 AM
--
Pipe Lining "by InYe!Sion
Seaion D2701
playable on any commercially available consumer DVD player. The following technic:a1 requirements shall also
apply:
1. Digital format shall be a minimum of Motion Picture Experts Group (MPEG) Level 2.
2. All line segm.ents shall be chapter indexed by starting manhole number.
3. Tw~ (2) sets of DVDs shall be submitted to the City.
END OF SECTION
Page1of6
""""~I"".""", ....
City Council
~g,~!!..~~"~o~.~..~....~.~~~~~~.!:,d~.~
Ps-, I
\ \ . '-3
Tracking Number: 1,005
Actual Date: 12/02/2004
Subiect / Recommendation:
Approve Change Order No.1 to Aquatic Plants of Florida, of Sarasota, Florida for the 2004 Kapok
Wetland and Floodplain Restoration Project (99-0085-EN) which increases the contract amount
by $29,637.70, for a new contract total of $183,663.81, and authorize the appropriate officials
to execute same.
Summary:
This contract was previously approved by the City Council on July 15, 2004 for $154,026.11.
There have been no previous change orders to this contract.
Change Order No.1 will not extend the current planting contract. This change order covers the
removal and disposal of trees that had fallen into Alligator Creek as a result of the recent
hurricanes; and the replanting of specific denuded areas adjacent to the creek for soil
stabilization and erosion control.
The cost per the contract of $23,160.00 to remove the fallen trees will be charged to the FEMA
reimbursement project in the Special Program Fund project 0181-99927, Emergency Operations.
The City sought reimbursement for the removal and disposal of the trees through FEMA.
Sufficient budget and revenue are available in the 02 Stormwater Bond Construction Fund
project 0377-96141, Kapok Flood Resolution to fund the $6,477.70 for the replanting portion of
this change order.
A copy of the change order is available for review in the Official Records and Legislative Services
Office.
Originating: Public Services
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
Public Hearing: No
Financial Information:
IYQe.;. Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change Order #1
City Council
"~~,,,,~gen~..~.....~..~.~!.~.....~~.~~ora-:!..~...~~.~~~~...."
Budget Adjustment:
Yes
Budget Adiustment Comments:
See summary section.
Appropriation Code(s)
0377-96141-563700-539-000
0181-99927-530300-529-000
Amount
$6,477.70
$23,160.00
Comments
Review Approval
Garv Johnson
Garry Brumback
11-19-2004 13:11:38
11-19-2004 14:10:34
12-05-2004 21:02:28
11-19-2004 13:24:47
12-06-2004 08:40:29
11-19-2004 13:43:00
12-03-2004 09:48:24
Brvan Ruff
Bill Horne
Georae McKibben
Cvndie Goudeau
Tina Wilson
CHANGE ORDER #1
DATE:
November 11, 2004
PROJECT: Kapok Wetland and Floodplain
Restoration Project
PROJECT NUMBER:
02-0085-EN
PO REFERENCE NO.:
699 38967
CONTRACTOR: Aquatic Plants of Florida
8120 Blaikie Court
Sarasota, FL 34240
DATE OF CONTRACT:
Tuly 15, 2004
SCOPE OF CHANGE:
CODE: 0377-96141-563700-539-000-0000
0181-99927-530300-529-000-0000
THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
Additional Items
Quote 14744 Removal and Disposal at Landfill of Hurricane Damaged
Trees at Alligator Creek
$23,160.00
Quote 14800 Re-Planting along Alligator Creek for soil stabilization and
Erosion control in cleared areas.
$ 6,477.70
TOTAL INCREASE +
$29,637.70
ST ATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
$154,026.11
$ 29,637.70
$183,663.81
AUQATIC PLANTS OF FLORIDA
By
Gilbert Sharell
(Seal)
Brian J. Aungst, Mayor-Commissioner
Date:
Bryan D. Ruff, Asst. City Attorney
(Approved as to form)
WITNESSES:
ATTEST:
Cynthia E. Goudeau, City Clerk
Recommended By:
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Gary A. Johnson, CGC
Public Services Director
William B. Horne II, City Manager
Michael D. Quillen, P.E.
City Engineer
990085CO#1 Kapok Wetland - Aquatic Plants. doc
City Council
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Tracking Number: 1,030
Actual Date: 12/16/2004
Subject / Recommendation:
Approve a work order in the amount of $295,190 to Wade-Trim, an Engineer of Record, for
professional services to prepare the City's Evaluation and Appraisal Report (EAR) of the
Comprehensive Plan and increase the Capital Improvement Program budget by $215,392 of
general fund revenue, $29,519 of water and sewer revenue, $29,519 of stormwater revenue,
$14,760 of marine and aviation revenue and $6,000 of solid waste revenue, for a total increase
of $295,190, and authorize the appropriate officials to execute same.
Summary:
Florida planning and growth management law requires local government comprehensive plans to
be evaluated every seven years. The City of Clearwater is required to prepare this evaluation,
known as the Evaluation and Appraisal Report (EAR), and submit it to the State of Florida by
October 1, 2006. The Planning Department is requesting that a contract be awarded to
Wade-Trim, an Engineer of Record, in the amount of $295,190 to prepare this required report.
Funding for the project will be as follows:
Water and Sewer Fund $ 29,519
Storm water Fund $ 29,519
Marine and Aviation Fund $ 14,760
Solid Waste Fund $ 6,000
General Fund $215,392
$295,190
Funding from the enterprise operations in the total amount of $79,798 will be provided by first
quarter amendments allocating the appropriate funds from retained earnings of the
above-mentioned funds. Funding for the General Fund portion of the project in the amount of
$215,392 will be provided with the return to the General Fund of funds from closed project
181-99599, Infill Housing Development Program, and the reappropriation of these funds to the
Evaluation and Appraisal Report, project 315-94831. Attached please find a memorandum that
details the EAR process and Wade-Trim's qualifications and scope.
Orioinatino: Planning
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
financial Information:
IyQ.e..;. Capital Expenditure
Bid Required? No
City Council
..... ....,~~g.~nda.~~ver_~~~,~~~ndl!.!!' ~'w
Bid Exceptions:
Sole Source
In Current Year Budget?
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
First quarter amendments
Current Year Cost:
$295,190.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 10/30/2006
Total Cost:
$295,190.00
Not to Exceed:
$295,190.00
Appropriation Code(s)
0-315-94831
Amount
Comments
$295,190.00
none
Review Approval
Cvndi Taraoani
Bryan Ruff
11-30-2004 13:46:39
12-06-2004 15: 12:05
11-30-2004 14:02:42
12-06-2004 09:33:26
11-30-2004 15:09: 16
12-06-2004 11:51:52
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
u..
rwater
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>-
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TO:
Bill Home, City Manager
FROM:
Cyndi Tarapani, Planning Director
DATE:
November 29,2004
RE:
Award Contract to Wade-Trim to Prepare Evaluation and Appraisal
Report
Background
In 1985 the Legislature adopted the Florida Growth Management Act (Chapter 163, Part
II, Florida Statutes, The Local Government Comprehensive Planning and Land
Development Regulation Act). This Act requires that all Florida counties and
municipalities adopt a Local Government Comprehensive Plan to guide future growth
and development. Comprehensive plans contain chapters or "elements" that establish the
City's goals, objectives and policies with regard to future land use, housing,
transportation, infrastructure, coastal management, conservation, recreation and open
space, intergovernmental coordination, and capital improvements.
In Clearwater, the City Council's vision sets the overriding framework for the City and
the comprehensive plan provides policy direction to obtain that vision. The plan is a
legal document, adopted by ordinance and is implemented in numerous ways.
Specifically the City's Community Development Code, annual budget, 5-year capital
budget, special area plans and the Penny for Pinellas project list are the City's tools to
implement the comprehensive plan. The attached diagram illustrates this relationship.
Evaluation and Appraisal Report
The State of Florida mandates that each comprehensive plan be evaluated on a regular
basis and such report be submitted to the State. In the past, this Evaluation and Appraisal
Report (EAR) was required to be submitted every five years and the Florida
Administrative Code prescribed its content. Legislation was adopted in 1998 that
changed the focus of the EAR, as well as the time frame in which it is to occur. The EAR
must now be performed every seven years and local governments must evaluate only
those issues that pertain to and affect the local jurisdiction, instead of a State prescribed
1
set of issues. Additionally, each comprehensive plan element as a whole must be
evaluated as to its successes or shortcomings.
The City of Clearwater's EAR is due to the State on October 1,2006 and is the first step
in updating the comprehensive plan. The purpose of the EAR is to:
. Identify major issues for the community;
. Review past actions of the City in implementing the plan since the last EAR;
. Assess the degree to which plan objectives have been achieved;
. Assess both successes and shortcomings of the plan;
o Identify ways that the plan should be changed
o Respond to changing conditions and trends affecting the community
o Respond to the new data
o Respond to changes in state requirements regarding growth management
and development
o Respond to changes in regional plans; and
. Ensure effective intergovernmental coordination.
The EAR is not intended to result in an entire rewrite of the comprehensive plan like in
previous EARs. There are certain required elements of the EAR but the remainder is
based mainly on issues identified by the local community. The issues required to be
addressed/discussed in the EAR are as follows:
. Population changes since the plan was adopted and a comparison of actual
changes with projected changes;
. Land area changes, including annexation, since plan was adopted;
. Amount and location of vacant land and its suitability and availability for
development;
. Extent to which the community has been able to meet the demands of growth on
infrastructure, maintain level of service standards, provide public services and
facilities, concurrency management, and the financial feasibility of the plan;
. Discussion of whether development has located where it was anticipated in the
plan as originally adopted or last amended;
. Assessment of the success of coordinating land use and school facilities planning,
including use of joint population projections;
. Evaluation of plan with respect to the water management district's plan;
. Evaluation of need to revise potable water element to include long-range water
supply facilities workplan;
. Evaluation of whether past reductions in land use density in coastal high-hazard
areas impair the property rights of current residents when redevelopment occurs;
. Identification and evaluation of local issues;
. Assessment of the successes or shortcomings of each plan element; and
. Identification of changes needed in plan to respond to changes in state and
regional laws, rules, and policies.
2
The EAR preparation process must comply with the following process:
. Conduct local workshop(s) to identify issues;
. Prepare list of issues agreed upon in workshop;
. Conduct "scoping" meeting with adjacent local governments, the county, state
and regional agencies (due Aug. 2005);
. Prepare a letter documenting the meeting and those who attended to gain their
input;
. Submit issues list to DCA and request letter of understanding;
. Obtain letter of understanding from DCA on issues;
. Prepare EAR;
. Local Planning Agency (Community Development Board) conducts at least 1
public hearing;
. Make any necessary revisions;
. City Council review and transmit EAR to Department of Community Affairs
(DCA) 90 days before due date (June 30, 2006). The DCA must respond in 30
days after report is received. Also send to other required state and regional
agencIes;
. Receive comments from DCA;
. Revise draft as needed and produce final EAR;
. City Council holds public hearing and adopts EAR (EAR may be adopted no
more than 90 days prior to schedule adoption due date re: no earlier than July 1,
2006);
. Transmit the adopted EAR to DCA and reviewing agencies;
. Preliminary comments from DCA regarding determination of sufficiency (within
60 days after DCA receives EAR);
. Finding of Sufficiency or Finding of Not Sufficient (within 3 months after DCA
receives EAR); and
. If EAR found insufficient, additional work and/or negotiations with DCA will be
required.
Once the EAR is complete, the necessary amendments to the comprehensive plan must be
prepared and submitted to DCA within 12 months after findings of sufficiency and
adopted within 18 months of sufficiency (July 2008). The proposed amendments will be
a separate project and are outside the scope ofthis agenda item.
The Planning Department began researching the new EAR requirements this past summer
to determine the best way in which the City could comply with State requirements.
Staff researched other communities and found that the new EAR process had been
employed by a relatively small number of counties. The first EARs were due to the State
on August 1, 2004 and included Sarasota, Lee, Miami-Dade, Broward, Hernando and
Monroe. These counties had the staffing capability to prepare the EAR in-house. Pasco
County also has prepared its EAR and W ade- Trim, with a team of four other consultants
prepared it. Most EARs are not due for Florida cities until 2005 or later.
3
As is evidenced above, the EAR is a very intensive planning process and requires a
significant amount oftime and work to accomplish. To gain a better understanding ofthe
new EAR process, the Planning Department met with W ade- Trim staff several times over
the summer. W ade- Trim provided the Department with a significant amount of
information about the new EAR requirements and process and discussed how the firm
handled this project for Pasco County.
Due to current work priorities, including numerous downtown plan implementation
projects and the Old Florida District study, the Planning Department determined it was
unfeasible to prepare the EAR in-house. Because W ade- Trim has prepared an EAR
based on the new State requirements and because W ade- Trim is an Engineer of Record,
the Planning Department requested that the firm submit a scope and fee to prepare the
Clearwater EAR.
W ade- Trim proposes to develop the EAR through 5 major tasks, two of which center on
staff and community input. A Citizen Advisory Committee (CAC) is proposed to be
established to be the primary forum for public input in the development of the EAR. It is
through this Committee, along with city staff, other governmental agencies, and the City
Council that the local issues will be developed (3rd task). The fourth task will result in the
development of the State required review and analysis. All issues outlined on page three
of this memorandum will be addressed and all data analysis will be prepared for the
entire City, as well as for each of the City's seven Neighborhood Districts. The final
task involves the preparation of the draft EAR and guidance through the required
adoption process.
The proposed scope meets the requirements of the State and will enable a significant
amount of community input. It involves a total of 3468 task hours at a contract amount
of $295,190 over 22 months. The extent of professionals to be involved in the project
includes planners, engineers, and technical and administrative personnel. Due to Wade-
Trim's full service capability, the consultant can also draw on other specialized
professional experience if needed. Twenty-seven percent ($79,798) of the project cost
can be funded by several enterprise operations. This amount will be provided by first
quarter amendments allocating the appropriate funds from retained earnings from the
water and sewer, stormwater, marine and aviation and solid waste funds. The remaining
$215,190 can be funded from the General Fund through a reappropriation of funds from
the closed Infill Housing Development Program project (181-99599). Below is a list of
the funds and corresponding amounts that will be used to support this project.
Water and Sewer Fund
Stormwater Fund
Marine and Aviation Fund
Solid Waste Fund
General Fund
$ 29,519
$ 29,519
$ 14,760
$ 6,000
$215.392
$295,190
4
The EAR is a significant project that will identify successes and failures of the current
comprehensive plan. It will also identify changed conditions that need to be addressed.
Furthermore, significant changes in policy have occurred that are not reflected in the
current comprehensive plan that must be discussed. For example, the current
comprehensive plan does not adequately address the City's new redevelopment and pro-
economic development philosophy. The plan also does not address issues such a
annexation and land use plan amendments. The EAR will lay the groundwork for all
needed comprehensive plan amendments that must be submitted to the State in 2008.
Based on Wade-Trim's experience with the new EAR requirements, local knowledge of
Clearwater, competence of planning work and current status as an Engineer of Record,
the Planning Department recommends that City Council award a contract to Wade-Trim
to prepare the EAR.
As stated earlier, the comprehensive plan provides the foundation for most work in the
city. For cost comparison purposes, below please find a list of recent major single-issue
plans and/or projects and their respective costs.
Master Water Plan
Master Airpark Plan
Alligator Creek Watershed Management Plan
Stevenson Creek Watershed Management Plan
Beach by Design/Draft Downtown Plan
Downtown Streetscape Construction Drawings
Parks and Recreation Master Plan
$471,941
$275,000
$500,000
$559,621
$445,900a$371,828
$ 80,000
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Trackina Number: 1,029
Actual Date: 12/16/2004
Subject / Recommendation:
Develop additional criteria to be added to the Neighborhood Conservation Overlay District
(NCOD)provisions in the Community Development Code to assist in designating neighborhoods
eligible to pursue NCOD designation in 2005 and accept applications and undertake one NCOD
planning process in 2006.
Discussion and Policy Direction on Neighborhood Conservation Overlay District.
Summary:
The Neighborhood Conservation Overlay District (NCOD), established in 1999, is a planning tool
whereby neighborhoods can establish a unique set of development standards for their respective
communities. The NCOD planning process requires development of a neighborhood plan as well
as development standards appropriate to ensure that redevelopment activities and infill in
existing stable neighborhoods are consistent with the existing character of the neighborhood.
The Coachman Ridge and Island Estates neighborhoods have been through the required process
and have the NCOD designation.
During the review and approval process of these two NCODs, City Council expressed concern
that these neighborhoods may receive a higher level of City services as a result of the NCOD.
Based on these concerns, the City Council agreed that no new NCODs should be processed until
the Island Estates and Coachman Ridge NCOD have been in effect for at least a year and an
evaluation prepared to determine the actual impacts of the NCOD. Attached please find a staff
report regarding the development of the two NCODs, the neighborhood's compliance with code
requirements and conclusions and recommendations regarding future NCODs.
Originating: Planning
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndi Taraoani
11-29-2004
16:46:50
Bill Horne
12-02-2004
16:03:26
Garrv Brumback
12-02-2004
15:28: 12
ater
Cvndi Taraoani
Cvndie Goudeau
City Council
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12-03-2004 09:29: 12
12-07-2004 08: 15:54
CDB Meeting Date: November 16. 2004
Case #: NCOD Evaluation
Agenda Item: Director's Item
CITY OF CLEARWATER
PLANNING DEPARTMENT
UPDATED STAFF REPORT
NCOD EVALUATION
INITIATED BY:
Clearwater City Council
BACKGROUND INFORMATION:
Neighborhood Conservation Overlay District
The City Council established a new planning tool in the 1999 Community Development
Code known as the Neighborhood Conservation Overlay District (NCOD). The purpose
of the NCOD is to ensure that redevelopment activities and infill in existing stable
neighborhoods are consistent with the existing character of the neighborhood. The
NCOD has a list of nine criteria that neighborhoods must meet in order to be eligible for
the designation. Once it has been determined that a neighborhood complies with the
criteria, including that owners of sixty percent (60%) of the real property within the
neighborhood agree to pursue the NCOD, the process begins. The neighborhood, in
conjunction with City staff, must prepare a special area plan that includes goals and
objectives. In addition, a neighborhood may develop a unique set of development
standards that are consistent with the neighborhood plan and appropriate to protect the
health, safety and general welfare of the neighborhood. Once the City Council approves
the plan, the NCOD is to be applied to the zoning atlas and the development standards of
the NCOD added to the Community Development Code.
Two neighborhoods in the City have been through the required process and have the
NCOD designation: Coachman Ridge (August 2001) and Island Estates (September
2002). When these designations were approved, the Council had concerns that these
neighborhoods may receive a higher level of service :from the City than neighborhoods
without a NCOD designation. The Council was specifically concerned about the
potential impact the additional code requirements would have on code enforcement, site
plan review and building review. At its August 22, 2002 meeting, the City Council
decided that no new NCODs should be processed until the two existing ones had been in
effect for at least a year and that an evaluation occur to determine the impacts associated
with this designation.
Staff Report - Community Development Board - November 16,2004 - NCOD Evaluation - 1
Revised for City Council Meeting - December 16, 2004
Coachman Ridge
Coachman Ridge, a 159 acre deed-restricted neighborhood located on the northeast
comer of Old Coachman Road and N.E. Coachman Road, was the first neighborhood to
initiate the NCOD planning process. The neighborhood was platted between 1983 and
1984 and includes 255 lots developed with single-family homes.
In August 2000, the Coachman Ridge Homeowners Association (CRRA) initiated the
NCOD process when a total of 190 homeowners or 74% of the property owners agreed to
pursue the NCOD designation while the Code requires approval by only 60%. The
neighborhood submitted an application and the required petition for NCOD designation
to the City in October 2000. On January 16, 2001, the City Council approved the
initiation of the NCOD planning process and between February 2001 and May 2001, a
total of five (5) public neighborhood meetings were held. The neighborhood, in
conjunction with the Planning Department, developed the Coachman Ridge
Neighborhood Plan (CRNP), which contains numerous goals and objectives developed
by the residents to enhance the positive aspects of the neighborhood and minimize its
weaknesses.
On August 16,2001 the City Council approved the CRNP, placed the overlay zone on the
zoning atlas and incorporated requirements specific to Coachman Ridge into the
Community Development Code. The Coachman Ridge NCOD provisions regulate the
following: permitted uses; lot sizes; setbacks; off-street parking; driveway materials;
parking on landscaped areas; vehicles required to be parked in garages; and fences and
screenmg.
Island Estates
Island Estates, platted between 1957 and 1969 was the second neighborhood to pursue
NCOD designation. It is approximately 210 acres in area and is located north of the
northerly right of way line of Memorial Causeway between the mainland and Clearwater
Beach. A total of 645 parcels ranging from single-family homes to high-rise
condominiums and one place of worship are included in the NCOD.
A group of Island Estates citizens presented petitions to the City in December 2000
which supported the initiation of the NCOD process from 64% of the property owners of
single-family properties on Island Estates. On April 19, 2001 the City Council approved
the initiation of the NCOD planning process. On September 6, 2001 the Council
approved a NCOD boundary expansion to include all of the multi-family areas and St.
Brendan's Church based on petitions supporting the expansion from 63% of the
additional properties.
A total of seven public neighborhood meetings were held between September 2001 and
February 2002 in which the Island Estates Neighborhood Plan (IENP) and development
standards specific to Island Estates were developed. Prior to submitting those
Staff Report - Community Development Board - November 16, 2004 - NCOD Evaluation - 2
Revised for City Council Meeting - December 16, 2004
development regulations to the City Council for consideration, a code amendment
approved in September 2001 required the neighborhood to vote on each proposed
development standard. Any standard receiving at least 51 % of the votes cast was
submitted to the Council for consideration. The Plan, rezoning and Community
Development Code amendments incorporating the Island Estates NCOD provisions were
effective on September 19, 2002. The NCOD provisions for Island Estates regulate the
following: permitted uses; lot sizes; setbacks; building height; parking on private
property; landscaping; outdoor storage; and fences.
ANALYSIS:
In order to determine the effectiveness and any City costs associated with the existing
two NCODS, the Planning Department analyzed each neighborhood with regard to three
areas. One is the extent to which each neighborhood association complied with
Community Development Code Section 4-608.E which requires neighborhoods to
educate property owners at least twice a year regarding the NCOD requirements and to
provide the initial means of enforcement for any NCOD code violation. Secondly, the
Planning Department reviewed City records to determine the extent of development
activity and NCOD code enforcement cases that occurred in each neighborhood to
determine if the City was providing a higher level of service to these neighborhoods than
those without a NCOD designation. Lastly, the Planning Department evaluated the
extent to which objectives from the neighborhood plans had been achieved. An analysis
of each neighborhood follows.
Coachman Ridge
Compliance with Neif!hborhood Education and Code Enforcement
The Coachman Ridge Homeowners Association (CRHA) has been very active in meeting
its obligations with regard to Code Section 4-608.E and communicating its compliance
with the Planning Department. Since the adoption of the NCOD, the CRHA has
generally provided information to property owners about the NCOD requirements at its
annual meeting and in one newsletter every year. A listing of the NCOD requirements is
also included in the Neighborhood Information Directory. Furthermore, a CRHA Board
member provides each new resident with a copy of the Coachman Ridge Neighborhood
Plan, which includes the NCOD standards.
According to information provided by the CRHA, the Association has had to provide the
initial means of enforcement for NCOD code violations a total of four times in three
years. The Association issued two written violation notices for each of the four
violations. After the second written notice, three of the four violations were corrected. It
was ultimately determined that the fourth violation was in fact a non-conforming
situation, therefore, no further action was taken. The CRHA has never forwarded a
NCOD violation to the City for enforcement action. The Community Response Team
also verified that it has not received any code complaints related to the Coachman Ridge
Staff Report - Community Development Board - November 16,2004 - NCOD Evaluation - 3
Revised for City Council Meeting - December 16, 2004
NCOD. It is apparent that the NCOD designation has not generated an increase in the
need for specialized code
enforcement in Coachman Ridge; therefore, the residents of Coachman Ridge have not
received a higher level of service than other neighborhoods in the City with regard to
code enforcement.
Site Plan Review Activity
Since the adoption of the new Community Development Code in 1999, only one property
has requested site plan review approval in Coachman Ridge. This case was submitted
one year prior to the adoption of the NCOD. Based on this data, the NCOD has had no
impact on requests for flexibility or generated cases where residents where seeking
flexibility from NCOD standards.
Planning Department staff has indicated that when requests for zoning information are
made regarding NCOD requirements, it may take a slightly longer time to retrieve
information because the staff does not administer the provisions on a daily basis but it is
not a significant effect on level of service.
Plan Implementation
The CRNP contains a total of 10 goals and 50 objectives, which define the
neighborhood's vision and provide the framework for neighborhood efforts to maintain
Coachman Ridge as a desirable neighborhood. These goals and objectives focus on:
neighborhood location; neighborhood character; safety/security; infrastructure; property
values; possible impacts of new community sports complex; neighborhood perimeter;
traffic and parking; voluntary homeowners association; property maintenance; and
reclaimed water.
The CRHA has worked to implement many aspects of the Plan and numerous objectives
have been met. With the assistance of a grant from the City, the Association has installed
landscaping at the neighborhood entrances, installed water lines to irrigate new
landscaping, installed underground electrical service to illuminate neighborhood signs,
refurbished signs, improved landscaping maintenance and in particular started to
maintain the perimeter area adjacent to the fences along N.E. Coachman and Old
Coachman Roads. The CRHA has worked with the City to secure sidewalk repairs and
street resurfacing and has designated someone to monitor streetlights. It has also worked
with the Florida Department of Transportation to secure a sidewalk for the N.E.
Coachman Road right-of-way which is scheduled for construction in 2005. The
Association has become more active with regard to social activities and making contact
with new property owners. The CRHA also decided not to pursue making the association
mandatory because 100% property owner concurrence would be required. Lastly, the
neighborhood has been very proactive in educating its residents about the neighborhood
watch program, NCOD requirements and City property maintenance requirements
through its Neighborhood Information Directory and newsletter.
Staff Report - Community Development Board - November 16,2004 - NCOD Evaluation - 4
Revised for City Council Meeting - December 16, 2004
Conclusions
When Coachman Ridge initiated the NCOD process, most participants were focused on
codifying neighborhood deed restrictions. Once the planning process was started, the
majority embraced it and understood the value of creating a plan for the future. The
Planning Department believes the Coachman Ridge NCOD has been very successful for
the following reasons:
. Significant neighborhood support ofNCOD;
. Understanding and support of neighborhood planning process;
. Size of neighborhood (relatively small and compact);
. Age of neighborhood housing stock;
. Lack of redevelopment pressures;
. NCOD requirements that support existing development patterns that maintain the
existing character of the neighborhood; and
. Committed neighborhood association.
The Coachman Ridge NCOD has not resulted in an increase in City services and has had
a positive impact on ensuring the continued character of Coachman Ridge. The CRNP
was effective in articulating neighborhood issues and set forth objectives the
neighborhood could implement to improve the neighborhood. The NCOD development
standards, many modeled after the neighborhood's deed restrictions, have been effective
in maintaining a consistent neighborhood character. The Planning Department supports
the continued existence of the Coachman Ridge NCOD.
Island Estates
Update: On November 16, 2004 the Planning Department received four editions of the
2004 Island Estates Civic Association Newsletter. Several of the issues referenced the
NCOD and specified that residents must file written complaints to the Civic Association
regarding NCOD violations. It further stated that the Board would then determine if a
violation exists and proceed accordingly. One issue included the NCOD code provisions
regulating Is/and Estates.
Compliance with Nei!!hborhood Education and Code Enforcement
The Clearwater Planning Department received an e-mail from the Island Estates Civic
Association (IECA) regarding the neighborhood's compliance with Code Section 4-
608.E. The e-mail indicated that the final NCOD section of the Plan was mailed to each
resident earlier this year and that each of the IECA's quarterly newsletters has a section
titled "code and deed." The e-mail also indicated that articles have appeared in the
newsletter regarding the methods to be used if a violation occurs. The Planning
Department has requested that documentation of these education efforts be submitted to
the City.
Staff Report - Community Development Board - November 16, 2004 - NCOD Evaluation - 5
Revised for City Council Meeting - December 16, 2004
With regard to code enforcement efforts, information in the e-mail indicated that the
Association had not received any written complaints. It further indicated that there were
several visible violations but since no one complained, no action was taken. It should be
noted that the Planning Department did not anticipate that NCOD enforcement would
require a written compliant. Furthermore the IENP specifies that in the event a violation
of the development standards occurs, the IECA shall use one of several listed procedures
to gain compliance.
According to the Community Response Team, the City has not had any code complaints
related to the Island Estates NCOD provisions. It appears that the NCOD designation has
not resulted in the need for specialized code enforcement efforts and therefore that the
neighborhood has not received a higher level of code enforcement service than other
neighborhoods in the City.
Site Plan Review Activity
Since the adoption of the new Community Development Code, building permits have
been issued for 12 new single-family dwellings in Island Estates. Five of these building
permits were issued after the adoption of the Island Estates NCOD. Upon review of
Planning Department records, site plan review flexibility was not requested for any of
these five applications. The NCOD seems to have no impact on the volume of new
construction taking place on Island Estates.
A total of 21 cases have been processed through the City's site plan review process since
the new code was adopted in 1999. Thirteen of those were reviewed prior to the NCOD
designation while eight occurred after its adoption. The majority of these eight cases
requested limited flexibility with regard to side and rear setbacks for pools and or
building additions. Based on the information above, property investment continues on a
fairly constant basis and no marked changes in the level of requests for flexibility are
evident.
Planning Department staff has indicated that when requests for zoning information are
made regarding Ncon requirements, it may take a slightly longer time to retrieve
information because the staff does not administer the provisions on a daily basis but it is
not overwhelming nor a significant effect on level of service.
Plan Implementation
The IENP contains a total of seven goals and 44 objectives which define the
neighborhood's vision and provide the framework for neighborhood efforts to maintain
Island Estates as a desirable neighborhood. These goals and objectives focus on:
neighborhood amenities; waterfront and canals; traffic and street use; neighborhood
appearance and maintenance; character of redevelopment; utilities and infrastructure; and
minimum rental periods.
Staff Report - Community Development Board - November 16,2004 - NCOD Evaluation - 6
Revised for City Council Meeting - December 16, 2004
Even though the Planning Department has not had any official correspondence regarding
Plan implementation, information was obtained over the telephone from a NCOD study
committee member. Neighborhood aesthetics has been a priority for the IECA and is
evidenced by the significant improvements made to the Island Estates entryway. New
lights, landscaping and a refurbished entry feature has been accomplished. All cul-de-
sacs have been adopted and planted and are maintained by neighborhood residents.
Currently, the IECA is discussing the possibility and practicality of additional
landscaping in the Island Way medians. Also, many utility poles have been replaced
and/or upgraded. The neighborhood has also worked with the Police Department to
improve speed limit enforcement within the neighborhood.
Conclusions
When Island Estates initiated the NCOD process, the participants were focused on
codifying neighborhood deed restrictions. Once the planning process was started, this
focus did not change. Most participants did not understand the value of the plan and
never embraced the process. This was a missed opportunity because the process
generally brings people together and improves the final outcome and final product of the
neighborhood plan. The Planning Department believes the following had a great impact
on the difficulty in developing the Island Estates NCOn:
. Diversity of land uses included in NCOn I.e. single-family homes and
condominiums;
. Location of neighborhood on Clearwater Harbor;
. Value of land;
. Age of original housing stock;
. Redevelopment pressures;
. Impact ofFEMA requirements on new construction; and
. Line item vote for each proposed NCOD requirement.
Island Estates has been facing redevelopment pressure due to its desirable location.
Because of the significant economic value of this property, most property owners desire
to maximize development potential. The Planning Department does not believe that the
Island Estates NCOD truly addressed the compatibility issues associated with existing at-
grade construction adjacent to new elevated construction in compliance with FEMA
requirements. Even though the Island Estates NCOD provisions for areas zoned Low
Medium Density Residential increased side yard setbacks from five feet to 7.5 feet, this
small increase cannot effectively offset the increased bulk and height of elevated new
structures and will not ensure that new development is consistent with the existing
character of the neighborhood.
Another issue the Island Estates NCOD faced (that Coachman Ridge did not) was the
requirement that there be a line item vote on all development standards and any that
receive at least 51 % of the votes cast be reviewed by City Council. There were several
proposed items that did not receive 51 % of the vote which were important and worked in
conjunction with other provisions which passed. The NCOn would have been more
Staff Report - Community Development Board - November 16,2004 - NCOD Evaluation - 7
Revised for City Council Meeting - December 16, 2004
effective if related requirements were grouped together as one ballot item and voted on as
one item. The Planning Department believes the effectiveness of the Island Estates
NCOD was diluted because those three provisions were not included.
CONCLUSIONS
This study evaluated whether or not the two existing NCODs met their obligations with
regard to the Community Development Code requirements regarding education and code
enforcement and whether these neighborhoods receive a higher level of City services than
other neighborhoods. In addition to conclusions regarding the above, the Planning
Department offers the following:
. The amount of time required to develop a NCOD is significant and is staff
intensive;
. Once approved, the NCODs have not resulted in any code enforcement problems;
. Once approved, the NCODs have not result in significant zoning review issues;
. Once approved, the NCODs have not seemed to create neighborhood strife (once
approved); and
. Once approved, the NCODs have not impacted the rate of redevelopment.
Coachman Ridge has been a true partner with the City and has met all of its
responsibilities and has made significant progress in implementing its plan. It has made
an effort to communicate any concerns or issues with the Planning Department and
provides evidence on a yearly basis of its compliance with education requirements. It is
less clear whether or not Island Estates has complied with the Code with regard to
education and code enforcement. Island Estates has not acted as a "partner" due to its
lack of communication with the City. It also appears that the IECA has not been
proactive in gaining compliance with visible NCOD code violations. The Implementation
section of the IENP specifies that if the Island Estates Civic Association does not perform
its required function, a rezoning would be initiated by the City to eliminate the Island
Estates NCOD. Island Estates needs to significantly improve its communication with the
City and revise its methods of NCOD code enforcement to be more proactive. If the
IECA does not provide the necessary enforcement, the value of the requirements is lost.
The City will continue to monitor the effectiveness of Island Estates' code enforcement
program to determine what next steps may be appropriate.
Due to the Planning Department's workload and the intensity of the required planning
process, only one NCOD could be prepared each year. Based on the Department's
current work program and the fact the Department will be undertaking one neighborhood
planning effort in 2005 (amendments to Beach by Design relating to the Old Florida
District), no new NCODs could be started until 2006. Because only one NCOD could be
developed each year, the Planning Department recommends that additional criteria be
considered when choosing the neighborhood to pursue NCOD designation. Criteria to
consider include neighborhood need, redevelopment pressure, level of neighborhood
interest, understanding of the required planning process, level of neighborhood
association commitment, etc. During 2005, the Planning Department could further
Staff Report - Community Development Board - November 16, 2004 - NCOD Evaluation - 8
Revised for City Council Meeting - December 16, 2004
refine the process for neighborhoods to submit for NCOD designation and be ready to
accept applications and begin a neighborhood planning process in 2006.
Prepared by Planning Department Staff:
Gina L. Clayton, Long Range Planning Manager
S:\Planning Department\NCOD\2004 NCOD EV ALUATION\Revised Staff Report 2004 NCOD
Evaluation for CC Meeting.doc
Staff Report - Community Development Board - November 16,2004 - NCOD Evaluation - 9
Revised for City Council Meeting - December 16, 2004
City Council
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Tracking Number: 1,019
Actual Date: 12/16/2004
Subject / Recommendation:
Approve the conversion of the part time Staff Assistant position in the City Attorney's Office to a
full-time Senior Staff Assistant position, adding the equivalent of .3 FTE.
Summary:
This position was originally a full time position that was converted to part time several years
ago.
Since that time, several new duties have been assigned to this position, including all FYI
scanning for the department and the majority of the Pcard administrator duties for the
department. We are also planning to add additional duties to this position over the next year to
improve the department's internal and external communication processes.
Originating: City Attorney
Section Consent Agenda
Category: Other
Public Hearing: No
Financial Information:
Tvpe: Other
Review Approval
Pam Akin
11-23-2004
13:59:07
Joseoh Roseto
12-02-2004
15:04:01
Tina Wilson
12-02-2004
15: 12:48
Cvndie Goudeau
12-02-2004
15:28:25
City Council
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Tracking Number: 978
Actual Date: 12/16/2004
Subject / Recommendation:
Authorize the City Attorney to institute a quiet title action to clear a cloud on the title of
property located at 1108 Engman Street, Clearwater, Florida, and owned by the City of
Clearwater, Legal Description: Lot 37, Block B, Greenwood Park #2, according to the map or plat
thereof as recorded in Plat Book 81, Page 16-T, of the Public Records of Pinellas County, Florida.
Summary:
On September 22, 1998, the property located at 1108 Engman Street, Clearwater, Florida, was
transferred to the City of Clearwater by Jeffrey J. Tomlinson, the owner of record, by a warranty
deed. The City has the opportunity to sell this property to a third party who wants to develop the
property. American Pioneer Title Insurance Company has requested that the City commence a
quiet title action to ensure that title to the property is free and clear of any encumbrances.
Council approved the sale of the Lot 37 to American Housing Corporation at its meeting on
8/5/04. The contract was executed on August 19, 2004. The contract provides that the City, as
seller, will make diligent effort to remove title defects if title is found to be unmarketable. The
title commitment issued by Stewart Title requires a suit to quiet title as to Lot 37 in order to
insure title to buyer. The Legal Department requests authority to bring a legal action to clear the
title on the property at 1108 Engman Street, Clearwater, Florida.
Originating: City Attorney
Section Consent Agenda
Category: Other
Number of Hard Copies attached: none
Public Hearing: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Less than $2,500
In Current Year Budoet?
Yes
.Budaet Adiustment:
No
Current Year Cost:
$300.00
City Council
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For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$300.00
Appropriation Code(s)
010-09600-548000-514-0000
Amount
$300.00
Comments
Court Filing Fees
Review Approval
Pam Akin
11-29-2004 15:06:42
Cvndie Goudeau
12-01-2004 10:15:32
Purchasing Memorandum
City Commission
12/16/2004
Agenda Number: 3194
1 A2enda Item No: 11.1
Type: Service contract
Quantity:
Requesting Dept: Gas System
Using Dept: Gas System
Bid Number or
Code Exception:
VendorInfo:
Description:
Comments:
Amount:
$ 700,000.00
$ 250,000.00
City of Clearwater Bid 41-02
Knight Enterprises, Clearwater, Florida
Knight Enterprises - Installation of gas mains and service lines during the contract period January I,
2005 through December 31, 2005, at a cost not to exceed $950,000
This is the second and final renewal of City of Clearwater Bid 41-02.
Installation will be throughout the Gas System in both Pinellas and Pasco County.
Appropriation Code(s):
0315-96378-563800-532-000
Comments:
Pasco County New Mains and Service Lines
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0315-96377-563800-532-000
Pinellas County New Mains and Service Lines
FL\1-2
City Council
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Tracking Number: 969
Actual Date: 12/16/2004
Subject / Recommendation:
Adopt Resolution 04-36 establishing the intent to reimburse certain Water and Sewer project
costs incurred with proceeds of future tax-exempt financing.
Summary:
A Water and Sewer rate study has been completed which recommends implementation of water
and wastewater rate increase of 7% in FY 2006, and 6% rate increase in FY 2007, FY 2008, and
FY 2009, and reclaimed water rate increases of 29.4% in FY 2006 and FY 2007 with subsequent
increases of 6% annually in FY 2008 and FY 2009. These rate increases are sufficient to provide
for operations, capital projects, and debt service on bonds issued.
The rate study identified a need for approximately $135.6 million in capital projects through FY
2009, with $28,812,375 to be funded with bond proceeds in FY 2006 and $49,101,449 to be
funded with bond proceeds in FY 2008. The estimated projects for FY 2006 bond issue are
listed in Exhibit A.
The date of issuance will be determined at a later date based upon market conditions.
The Water and Sewer Fund will be incurring expenses on these projects prior to the issuance of
the bonds.
This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds.
Originating: Finance
Section Other items on City Manager Reports
Category: Bonding
Financial Information:
Review Approval
Maraie Simmons
11-08-2004
17:34:44
Garrv Brumback
11-12-2004
13:49:08
Pam Akin
11-09- 2004
14:39:23
Bill Horne
11-14-2004
20:51 :31
Cvndie Goudeau
12-01-2004
12: 13:42
k~ ~ (\J .2-
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RESOLUTION NO. 04-36
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE
CERTAIN PROJECT COSTS INCURRED WITH
PROCEEDS OF FUTURE TAX-EXEMPT FINANCING;
PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has
determined that the need exists to construct certain capital improvements to the City's
water and sewer system together with engineering work regarding the water and sewer
facilities, more particularly describe on Exhibit A attached hereto (collectively, the
"Project");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution")
is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida
Statutes, and other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its
intention to be reimbursed from proceeds of a future tax-exempt financing for capital
expenditures to be paid by the Issuer in connection with the construction of the Project.
Pending reimbursement, the Issuer expects to use funds on deposit in its water and
sewer utility funds, general funds and other funds legally available to pay a portion of
the cost of the Project. It is not reasonably expected that the total amount of debt to be
incurred by the Issuer to reimburse itself for expenditures paid with respect to the
Project will exceed $29,000,000. This Resolution is intended to constitute a
Resolution 04-36
"declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax
Regulations.
SECTION 3. SEVERABILITY. If anyone or more of the provisions of this
Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall
not affect any other provision of this Resolution, but this Resolution shall be construed
and enforced as if such illegal or invalid provision had not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof
in conflict herewith to the extent of such conflicts, are hereby superseded and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED this
day of
,2004.
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 04-36
Exhibit A
Estimated Project Expenditures
Project Description
Bio-Solids Treatment
Sanitary Utility Relocation
Facilities Upgrade & Improvement
Sanitary Collection & Transmission R & R
Pump Station Replacement
Odor Control
WPC Generator Replacements
WPC Headworks
WPC New Presses
Water Supply & Treatment
System R & R - Capitalized
Line Relocations - Capitalized
Water Service Lines
Water Main Phases 15-16-17
Water Quality Monitoring Devices
Elevated Tank Upgrade
Telemetry for Wells
Wellfield Expansion
RO Plant Expansion
Total Bond Funded Projects
Dollar Amount
$ 5,450,000
412,000
6,800
5,388,775
926,000
960,000
850,000
550,000
200,000
550,000
195,000
5,550,000
40,850
2,500,000
150,000
2,865,100
515,000
909,000
793,850
$28,812,375
Resolution 04-36
City Council
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Tracking Number: 1,010
Actual Date: 12/16/2004
Subject I Recommendation:
Pass on first reading Ordinance 7373-05, aligning construction advertising requirements with
guidance provided in the 2004 Florida Statutes, Chapter 255
Summary:
The 2004 Florida Statutes Chapter 255 specifies advertising requirements for county,
municipality and other political subdivisions when construction project costs exceed $200,000
and $500,000.
This change will align the City requirements with those required by Florida Statutes.
Current requirements for goods and services and for construction projects where the cost of the
project is $200,000 or less will remain one time in a newspaper of general circulation within the
city and at least 10 calendar days prior to the established opening of the bids.
Construction projects where the cost of the project exceeds $200,000 shall be publically
advertised at least one time in a newspaper of general circulation within the county where the
project is located and at least 21 days prior to the established opening date and at least 5 days
prior to any scheduled pre-bid conference.
Construction projects where the cost of the project exceeds $500,000 shall be publically
advertised at least one time in a newspaper of general circulation within the county where the
project is located and at least 30 days prior to the established opening date and at least 5 days
prior to any scheduled pre-bid conference.
Originating: Finance
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: No
Financial Information:
Review Approval
Georae McKibben 11-19-2004 14:50:32
Michael Ouillen 12-02-2004 14:36:08
Bill Horne 12-02-2004 16:05:15
Maraie Simmons 11-19-2004 15:09:51
Cvndie Goudeau 12-03-2004 13:53:43
Bryan Ruff 11-19-2004 15:49:01
Garry Brumback
City Council
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12-02-2004 15:23:38
ORDINANCE NO. 7373-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PURCHASES OVER
$50,000.00, AMENDING CHAPTER 2, ADMINISTRATION,
DIVISION 3, SUBDIVISION II, PURCHASE OF
COMMODITIES, SERVICES, AND PUBLIC WORKS
CONTRACTS, SECTION 2.561 (1), NOTICE INVITING
BIDS, CODE OF ORDINANCES; PROVIDING FOR
ADVERTISING OF CONSTRUCTION PROJECTS WHERE
THE COST EXCEEDS $200,000 or $500,000; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances currently requires advertising bids
in a newspaper of general circulation within the city at least one time and a
minimum of 10 calendar days before the bid opening date; and
WHEREAS, the Code of Ordinances does not specify specific
advertising requirements for construction projects; and
WHEREAS, Florida Statutes 9 255.0525 specifies therein advertising for
competitive bid requirements that apply to the city or political subdivision;
and
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Administration, Division 3, Subdivision II,
Purchase of Commodities, Services, and Public Works Contracts, Code of
Ordinances is amended to read as follows:
Sec. 2.561. Purchases over $50,000.00.
(1 ) Notice inviting bids.
(a) Notices inviting bids for commodities and services
shall be published at least one time in a newspaper of
general circulation within the city and shall include a
general description of the commodities or services to be
purchased, a statement of where the bid documents
may be obtained, and the date, time, and place of the
public opening of bids. The publication shall be not less
than ten calendar days before the bid opening date.
Sealed bids shall also be solicited from responsible
prospective vendors including those on the registered
vendor's list.
Ordinance No. 7373-05
(b) Notices invitinQ bids for construction projects where
the cost of the proiect is more than $200,000 shall be
publicly advertised at least once in a newspaper of
aeneral circulation within the county where the project
is located at least 21 days prior to the established
openinQ date and at least 5 days prior to any scheduled
pre-bid conference. Construction projects exceedinQ
$500,000 shall be publicly advertised at least once in a
newspaper of Qeneral circulation in the county where
the proiect is located at least 30 days prior to the
established bid openina and at least 5 days prior to any
pre-bid conference.
Section 2. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayo r
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7373-05
City Council
m'mm"""m'~g~.~,~"~,...,~Q~~~..~~~m.~.~~.~~~I!!,.mm'
Tracking Number: 1,012
Actual Date: 12/16/2004
Subject / Recommendation:
Request City Council discuss and provide guidance on Resolution No. 04-38 authorizing changes
to the recently amended commercial and private dock permits for storage of vessels at the
Clearwater Municipal Marina and the conditions surrounding the turnover of business ownership
at the Clearwater Municipal Marina.
Summary:
City Council approved Resolution No. 04-14 at the July 15, 2004 Council meeting. The
resolution modified the commercial and private dock permits, and included a transfer fee
equivalent to three year's base rent in effect at the time of a sale, payable by the purchaser.
Afterward, about twenty charter fishing boat captains met with the Harbormaster to address
issues/concerns they had with the changes to the dock permits.
Several tenants separately approached the City Manager, who has asked that we bring the dock
permit changes back to the City Council for additional review. The following changes were
discussed with the majority of the charter fishing boat owners and the Marine Advisory Board
and are submitted for consideration/approval:
We proposed the following changes:
1. Amend the transfer fee for current tenants to allow the boat ownership transfer to include
retaining the slip to be the dollar equivalent of one year's base rent in effect at the time of the
sale of a boat, for current commercial and private tenant sales.
- All current commercial and private tenants will only have to inform prospective buyers of a
one-year transfer fee.
- Future owners will have to inform prospective buyers of a three-year transfer fee, as
established by Resolution No. 04-14.
2. Approve a no transfer fee for a business sold to a boat captain or crewmember, with proof of
being with the business for five years or more.
Virtually every tenant requested a longer term dock permit or a lease so that they had a
document with a term greater than thirty days they could use when financing a boat repair or
upgrade or that a new purchaser could use to help get financing to buy an existing business.
They addressed the following items and wanted no transfer fee.
3. Establish a three-year dock permit for commercial tenants by an addendum to their docking
permit.
4. Re-institute a provision to discourage changes in business form by instituting a fee equivalent
to fiv
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\d.-~
City Council
_.~g~nda.~Q~.~!.~..~~Q.~~!!.~~~.~
e years slip rent fee at time of sale for any business desiring to change the business from its
current form to another type of business.
5. Charge a fee to both remain on or be placed on both the commercial waiting list and the
private slip waiting list. These fees would be held by the marina and any interest on these fees
be retained by the marina as an administrative fee. If a person requested to be removed from
either waiting list they would be returned the principal amount only. The tenants felt the fee
should be substantial and suggestions ranged from $5,000 to $1,000 for commercial slips.
Other marina's charge fees of $75 to $100 to be on a waiting list for recreational boat slips.
Some are refundable some are not.
Originating: Marine and Aviation
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: No
Financial Information:
Review Approval
Bill Morris 12-03-2004 13:30:11
Tina Wilson 12-06-2004 08:22: 14
Brvan Ruff 11-22-2004 12: 14:40
Bill Horne 12-07-2004 11:36:53
Garry Brumback 12-06-2004 16:04: 16
Cyndie Goudeau 12-08-2004 13:08:37
RESOLUTION NO. 04-38
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING CHANGES TO THE RECENTLY
AMENDED COMMERCIAL AND PRIVATE DOCK PERMIT
HOLDERS FOR STORAGE OF VESSELS AT THE
CLEARWATER MUNICIPAL MARINA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater wishes to authorize certain changes to the
recently amended commercial and private dock permit holders for storage of vessels at
the Clearwater Municipal Marina, including amending the transfer fee for current
tenants to allow the boat ownership transfer to include retaining the slip to be the dollar
equivalent of one year's base rent in effect at the time of the sale of a boat for current
commercial and private tenant sales, no transfer fee for a business sold to a boat
captain or crew member with proof of being with the business for five years or more,
establishing a three-year dock permit for commercial tenants by an addendum to their
docking permit, instituting a five year transfer fee at the time of a sale for any business
desiring to change the business from its current form to another type of business, and
charging a fee to both remain on, or be placed on both the commercial and private slip
waiting list; 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 changes to
current commercial and private dock permit holders, including amending the transfer
fee for current tenants to allow the boat ownership transfer to include retaining the slip
to be the dollar equivalent of one year's base rent in effect at the time of the sale of a
boat for current commercial and private tenant sales, no transfer fee for a business sold
to a boat captain or crew member with proof of being with the business for five years or
more, establishing a three-year dock permit for commercial tenants by an addendum to
their docking permit, instituting a five year transfer fee at the time of a sale for any
business desiring to change the business from its current form to another type of
business, and charging a fee to both remain on, or be placed on both the commercial
and private slip waiting list
Section 2. This resolution shall take effect immediately upon adoption.
Resolution No. 04-38
PASSED AND ADOPTED this
day of
,2004.
Brian J. Aungst
Mayor
Approved as to form: Attest:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
2 Resolution No.
ADDENDUM TO COMMERCIAL DOCKING PERMIT
THIS FIRST ADDENDUM TO THE COMMERCIAL DOCKING PERMIT is made
and entered into this day of , 2004, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for
CURRENT COMMERCIAL DOCK PERMIT TENANTS AT THE CLEARWATER
MUNICIPAL MARINA.
WHEREAS, City wishes to make certain changes for current Commercial
Tenants who hold Commercial Dock Permits at the Clearwater Municipal Marina. The
City agrees to add the first addendum as of December 16, 2004, pursuant to the terms
described herein.
NOW THEREFORE, the City agrees to the following:
1. Section 9 of the Commercial Docking Permit shall be added as follows:
SALE OF COMMERCIAL VESSEL(S) NAMED IN DOCKING PERMIT:
Tenant shall be permitted to sell tenant's business and assign the
agreement rights and obligations to a new tenant. In such case, the new
tenant (purchaser) shall be restricted to operate the purchased business
and tenant's vessel. Any change will be at the discretion of the
Harbormaster. This provision authorizes only a bona fide sale of the
business. The City reserves the right to review documents related to the
sale to verify that the sale is bona fide. A transfer fee equivalent to three
year's base rent in effect at the time will be imposed.
Exceptions:
Current tenants are permitted to transfer ownership to include retaininQ
the slip to be the dollar eauivalent of one year's base rent in effect at the
time of the sale of a boat.
No transfer fee for a business sold to a boat captain or crewmember, with
proof of beinQ with the business for five years or more.
A transfer fee eauivalent to five years slip rent fee will be collected at the
time of a sale for anv business desirinq to chanqe the business from its
current form to another type of business.
2. Section 1 of the Commercial Docking Permit shall be added as follows:
CONDITIONS & AUTHORITY: This permit is non-transferable and
applies only to the above named vessel, owner, and/or operator facility
and slip. The number of passengers and type of vessel or usage will be at
the discretion of the Harbormaster. This permit shall not be construed as
granting any property interest in the slip or facility, but shall be deemed a
license agreement subject to all of the terms contained herein and the
Addendum to Commercial Docking Permit 12-16-04
applicable ordinances of the City. The City reserves the right to
discontinue furnishing these accommodations, that is, to cancel this permit
and change the rental rate for space by giving or mailing notice in writing
to the owner or operator at either of the above addresses (Code of
Ordinances Sec. 33.027 and Sec. 33.028).
A three year dock permit option will be in effect upon approval of City
Council at the December 16. 2004 Council MeetinQ, with expiration dates
endinQ on a calendar year basis.
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Brian J. Aungst
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Cou ntersigned:
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D. Ruff
Assistant City Attorney
Addendum to Commercial Docking Permit 12-16-04
ADDENDUM TO PRIVATE DOCKING PERMIT
THIS FIRST ADDENDUM TO THE PRIVATE DOCKING PERMIT is made and
entered into this day of , 2004, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for
CURRENT PRIVATE DOCK PERMIT TENANTS AT THE CLEARWATER MUNICIPAL
MARl NA.
WHEREAS, City wishes to make certain changes for current Private Tenants
who hold Private Dock Permits at the Clearwater Municipal Marina. The City agrees to
add the first addendum as of December 16, 2004, pursuant to the terms described
herein.
NOW THEREFORE, the City agrees to the following:
1. Section 7 of the Private Docking Permit shall be added as follows:
SALE OF PRIVATE VESSEUS) NAMED IN DOCKING PERMIT:
If the seller elects to relinquish the slip, the purchaser will, upon approval
of a docking permit application and payment of dockage fees, be issued a
private dock permit for the slip in question. A transfer fee equivalent to 3
year's base rent in effect at the time will be imposed.
Exceptions:
Current tenants are permitted to transfer ownership to include retaininQ
the slip to be the dollar equivalent of one year's base rent in effect at the
time of the sale of a boat.
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Brian J. Aungst
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Cou ntersigned:
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Addendum to Private Docking Permit 12-16-04
~'I p, L
City Council
Cover Memorandum
\d,y
Trackina Number: 891
Actual Date: 12/16/2004
Subject / Recommendation:
Award the South Beach Pavilion lease to Steve and Lisa Chandler d/b/a Fields, Inc. for a 10-year
term beginning January 1, 2005, for a guaranteed minimum lease payment of $1,000,080, in
equal payments of $8334, plus annual payments of yearly gross sales, excluding beach rentals:
20%from $750,000 to $1,000,000, 22.5% from $1,000,001 to $1,500,000 and 25% above
$1,500,001, plus monthly payments of 40% of monthly gross beach rental sales for the term of
the lease, plus $2,500 per year to the Clearwter Beach Patrol Lifeguards for the term of the lease
and authorize the apropriate officials to execute same.
Summary:
RFP 02-05 was released on October 1, 2004 for a 10-year lease of the South Beach Pavilion. Six
proposals were received.
The criteria for evaluating the responses to the RFP, included such items as similar experience,
responsiveness, references and financial return to the City. In order to evaluate the financial
return to the City, the past 3 years of audited financial reports of the South Beach Pavilion's
performance were used to compare each proposal's financial projections.
The review team of the Directors of Planning, Economic Development, Parks and Recreation,
Marine and Aviation, the Assistant Finance Director and an Assistant City Attorney evaluated the
responses and developed a short-list of 4 from which to receive oral presentations. The financial
return proposed by the four short-listed responders ranged from $153,000 to $2,602,500. Two
proposals included financial returns not required by the RFP. One provided support for the beach
lifeguard program, the other support for Capitol Improvement Projects.
At the oral presentations on November 23, 2004, the review team evaluated the presenters
experience with the local community, municipal contracts, their ability to manage beach rental
inventory and their understanding of the criteria outlined in the RFP.
Based on the financial return to the City, along with their experience in providing beach services,
particularly beach rental, the review team chose the proposal submitted by Steve and Lisa
Chandler as the most responsive.
Originatina: Marine and Aviation
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - without cost
Public Hearing: Yes
Advertised Dates: 10/01/2004
Financial Information:
Review Approval
Bill Morris
12-10-2004
10:50:12
Cvndie Goudeau
12-10-2004
15:19:23
Brvan Ruff
Garrv Brumback
Bryan Ruff
Bill Horne
City Council
Cover Memorandum
09-29-2004 16:49: 12
12-10-2004 15:08:02
12-10-2004 14:24:07
12-10-2004 15: 13:01
DRAFT
J; (' ., Ll
f-"'-' fv\ f:---1
e~'~ \ (~.L\
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this _ of ,2005
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose
address is Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to
as "Lessor", and Steve F. Chandler and Lisa M. Chandler, d/b/a Fields, Inc., a Florida
corporation, whose address is 332 South Gulfview Boulevard, Clearwater, Florida 33767,
hereinafter referred to as "Lessee."
WIT N E SSE T H:
That in consideration of the covenants herein contained of the granting of this
lease and the sums paid and to be paid hereunder, the Lessor hereby leases to the
Lessee and the Lessee hereby leases from the Lessor according to the terms, conditions
and covenants herein contained the following described premises located in the City of
Clearwater, Pinellas County, Florida, to wit:
Food Concession and Restroom Complex Building located on the West 140 feet
of the East 215 feet of the South % of Lot 20 Lot 18, and Lots 19 and 20, Lloyd,
White and Skinner Subdivision, in Section 7, Township 29 South, Range 15 East,
as recorded in Plat Book 13, pages 12 and 13, of the Public Records of Pinellas
County, Florida.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE AS
FOLLOWS:
1. The term of this lease is for a term of 10 years, beginning on the 1 st day of
January, 2005 and ending on the 31st day of December, 2014. As referred to in this
agreement, a "lease year" is that year that commences on the first day of January of
each year and terminates on the thirty-first day of December of each year during the term
of this lease. Reference to the City Manager throughout this lease refers to Lessor's City
Manager or his designated agent. The term "Lessor" refers to the City and any act to be
taken by the Lessor under this Lease must be taken by the City Council.
2. The City Manager may cancel this lease at any time by giving 15 days prior written
Page 1
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notice to the Lessee, or any of his agents or his attorney, when in the opinion of the City
Manager inferior service is being offered or the terms of the minimum financial
agreement are not being met or for any other good and valid reason that in the opinion of
the City Manager might detract from Clearwater and is not in the best interest of the
people of Clearwater. Such written notice shall state in particular any and all complaints
and Lessee shall have 15 days within which to reasonably correct such complaints to the
satisfaction of the City Manager.
The Lessor retains the right to terminate this lease for any municipal need
consistent with the Lessor's charter, as well as failure to pay rent in a timely manner or
change in use of the property. This right of termination is in addition to the right of
termination set out in the first paragraph of section 2 of this Agreement.
3. The Lessee shall be allowed to sell exclusively the following merchandise at the
Food Concession Complex:
a. Hot dogs, hamburgers, and other like hot food such as French fries,
as may be prepared using the grill and fryer;
b. Ice cream
c. Cold sandwiches, both prepared and pre-packaged, cookies,
popcorn, chips and other such packaged food items.
d. Any cold or hot non-alcoholic beverage.
e. Sundry items and other personal beach recreational and clothing
items.
4. The Lessee shall have exclusive right to rent beach chairs, cabanas, umbrellas,
floats, and any other beach equipment approved by the City Manager except for the area
referred to in 4b of this Agreement. The equipment may be used on City-owned
property South of the westward extension of First Street and North of the filled area used
for parking, more particularly described as:
Lots 5 through 32, inclusive, of Lloyd, White and Skinner Subdivision, less any of
the above-described property used now or in the future by the Lessor for other purposes.
a. Lessee shall own, maintain and store all rental equipment used on the premises
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at its cost. Lessee agrees to pay Lessor, in addition to any other amounts due, 40% of
all rental income, payable monthly throughout the term of this agreement.
b. Pursuant to the Development Agreement between the Lessor
and Beachwalk Resort, LLC (fka Clearwater Seashell Resort L.C. and hereinafter
referred to as "Developer") as approved by City of Clearwater Resolution 04-35,
regarding the subject property known as the Hyatt Clearwater Beach Resort (also
referred to as "Beachwalk Resort"), the Developer will retain the exclusive rights to beach
rentals on the portion of the beach directly in front of the Beachwalk Resort property with
the following conditions:
(1) The Lessor shall retain the right to utilize Lessee as operator upon
completion of the Beachwalk Resort development provided the Lessee complies with the
standards in Exhibit A, attached hereto and made a part hereof.
(a) If Lessee fails to comply with the standards in Exhibit A, Developer
may send written notice to the Lessor specifying non-compliance,
after which the Lessor has thirty (30) days to have Lessee cure said
non-compliance.
(b) In the event that the non-compliance is not cured within thirty
(30)days, the Lessor agrees that the Developer may thereafter
provide beach rental services and shall retain all income derived
therefrom. This right of termination is in addition to the rights of
termination otherwise set forth in this Agreement.
5. The Lessee is specifically prohibited from hawking or other verbal solicitation of
any type either at the Food Concession Complex or the beach equipment rental area.
No coin-operated amusement devices or machines or any jukeboxes will be allowed. No
inside or outside loud speakers will be permitted.
6. The Lessee is responsible for the cleanliness and maintenance of the public
restrooms.
7. The hours of operation for the Food Concession Complex, beach equipment
rental concession and restrooms shall be no earlier than 6:00 a.m. and no later than one-
half hour after sunset for closing, with the minimum requirement that the Food
Concession Complex shall be open at least seventy (70) hours per week. The beach
rental equipment shall be removed from the beach and stored by sunset. The use of
trucks and other vehicles on the beach will be permitted for distribution and pickup of
beach equipment only. The times for distribution and pickup and the conditions under
which the vehicles are operated must be authorized in writing by the City Manager.
Page 3
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8. The Lessor reserves the right to review and approve prices to be charged for all
sale and rental items. Prices may be modified when authorized in writing by the City
Manager. The Lessee has the right to appeal any decision of the City Manager to the
City Council. A list of current prices must be submitted within twenty (20) days of the
date of this agreement, and within twenty (20) days of any changes to such price list.
9. The Lessor will provide nine (9) parking spaces for use by Lessee's employees
during the term of this Lease, the location of which will be at the determination of the
Lessor. Lessee understands that the approved use of these spaces is subject to change
based on the impact of Beachwalk. Lessor reserves the right to recapture these nine (9)
parking spaces as needed. .
10. The Lessee hereby covenants and agrees to pay rental thereof as follows:
a. For concessions, sundries and beachwear as follows:
(1) A guaranteed minimum rental in equal monthly payments, which will be due
and payable on the first day of each month, an amount in accordance with the
following schedule:
Years of Lease
Total Minimum Rental
Monthly Payments
1 -10
$100,008.00 annually
$8,334.00 per month
(2) As additional rent, Lessee shall pay annually at the end of each agreement
year, the percentage specified on the amount between the figures listed
below:
20% - Between $750,000 and $1 million in gross sales
22.5% - Between $1 million and $1.5 million in gross sales
25% - Between $1.5 million or more in gross sales
Lessee shall pay all amounts due as stated above within thirty (30) days of
the end of each agreement year. Lessee further agrees to provide Lessor within fifteen
Page 4
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(15) days of the end of each monthly period during the term of this agreement the
statement showing the amount of gross sales during the preceding month, as well as a
signed copy of the front and back of the Florida Department of Revenue Sales and Use
Tax Return. The statement used by the Lessee to report such sales will be in such form
as to be satisfactory to the City Manager or his designee, and must be certified as
correct by the Lessee's chief financial officer, or his designee, showing the amount of
gross sales at and/or from the demised premises during the monthly periods reported by
the statement in the amount of year-to-date gross sales for the calendar year.
(3) In the event construction of Beachwalk requires that the leased premises be
closed and prevented from conducting business within the building for a period
exceeding ten (10) days within any month, the Lessor agrees to pro-rate the Monthly
Payments required under 1 Oa(1) to conform with the time period the business was able
to operate within any month subject to this provision.
(4) The term "Gross Sales" as used in paragraph 10a(2) means the entire amount
of actual sales price, whether for cash or otherwise, of all sales of food, services,
beverages, clothing, or other receipts whatsoever of.all business conducted in, on or
from the premises, including mail or telephone orders received or filled at the premises.
No deduction shall be allowed for uncollected or uncollectible credit accounts. Such term
shall not include, however, any sums collected and paid out for any sales or excess tax
imposed by any duly constituted governmental authority wherein Lessee is regarded as
the collecting agent.
b. For beach rentals as follows:
(1) Lessee shall pay monthly 40% of the monthly gross sales for all beach rentals.
This payment will be due within 15 days of the preceding month. The final payment
shall be made by Lessee within 15 days of end of lease term. The Lessee will provide
the Lessor within 15 days of the end of each monthly period during the term of the lease
a statement showing the amount of gross sales during the preceding month, as well as a
signed copy of the front and back of the Florida Department of Revenue Sales and Use
Tax Return. The statement used by the Less.ee to report such sales will be in such form
as to be satisfactory to the City Manager or his designee, and must be certified as
Page 5
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correct by the Lessee's chief financial officer, or his designee, showing the amount of
gross sales at and/or from the demised premises during the monthly periods reported by
the statement in the amount of year-to-date gross sales for the calendar year.
(2) The term "Gross Sales" as used in paragraph 1 Ob(1) means the entire amount
of the actual sales price, whether for cash or otherwise, of all beach chairs, cabanas,
umbrellas, floats and other receipts whatsoever from all beach rental business conducted
in, on or from the leased premises as per this Agreement. No deduction shall be allowed
for uncollected or uncollectible credit accounts. Such term does not include, however,
any sums collected and paid out for any sales or excise tax imposed by any duly
constituted governmental authority wherein Lessee is regarded as the collecting agent.
c. The Lessee further agrees to submit an audited certification of annual gross
sales as certified to by a Certified Public Accountant within thirty (30) days of the end of
each calendar year. The scope of the audit must include the Lessee's compliance with
the terms of the lease to disclose the gross sales at or from the demised premises. The
statement shall be prepared according to generally accepted accounting principles and
practices, showing in all reasonable detail the amount of gross sales during the prior
lease year. The Lessee also agrees to provide at the same time as the statement
regarding annual gross sales pertinent depreciation and amortization schedules filed with
the Internal Revenue Service for the prior year.
d. Any amount due from Lessee to Lessor under this lease which is not paid
when due shall bear interest at the maximum allowable legal rate from date due until
date paid, together with a late charge of 5% of any amount due, to cover Lessor's extra
expenses involved in collecting such delinquency; provided that such interest and late
charges shall be automatically reduced by such amount as necessary to cause such
charges to be in compliance with usury laws. The late charge must be paid within 30
days of the day the delinquent payment was due.
11. The Lessee hereby covenants and agrees to make no unlawful, improper, or
offensive use of the leased premises. Lessee further covenants and agrees not to
assign, mortgage, pledge, hypothecate or sublet this lease in whole or in part without the
prior written consent of Lessor. The consent of Lessor to any assignment, mortgaging,
Page 6
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pledging, hypothecating, or subletting shall be at the Lessor's sole discretion, and shall
not constitute a waiver of the necessity for such consent to any subsequent assignment,
mortgage, pledging, hypothecating or subletting. This paragraph shall be construed to
include a prohibition against any assignment or subletting by operation of law. If this
lease is assigned, or if the premises or any part thereof are sublet or occupied by
anybody other than Lessee, Lessor may collect rent from the assignee, sub-tenant or
occupant, and apply the net amount collected to the rent herein required, but no such
occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of
the assignee, sub-tenant or occupant as tenant, or a release of Lessee from the further
performance by Lessee of covenants on the part of Lessee herein contained. If at any
time during the term of this lease, any or all of the corporate shares of Lessee shall be
transferred by sale, assignment, bequest, inheritance, operation of law or other
disposition so as to result in a change in the present effective voting control of Lessee by
the person, persons or entity which presently is the ultimate owner of a majority of such
corporate shares on the date of this lease, Lessee shall promptly notify Lessor in writing
of such transfer and shall provide to Lessor the name, address, financial statement and
business experience resume for the immediate preceding ten (10) years of the proposed
assignee. This information shall be in writing and shall be received by Lessor at its sole
discretion shall have the option of accepting the proposed assignee and can charge a
reasonable fee to Lessee for processing such request. Lessee can request a transfer
under this provision no more than once in an agreement year unless specifically
consented to in writing by Lessor.
If the new owner is a private or public corporation, Lessor shall promptly advise
Lessee if it has any objections thereto and the reasons therefore. Lessor may terminate
this lease any time after such change in control by giving Lessee ninety (90) days prior
written notice of such termination, such notice to be provided within thirty (30) days
following the time period provided to Lessee. Lessee shall not permit any business to be
operated in or from the premises by any concessionaire or Licensee.
12. Lessee agrees that it will promptly pay all ad valorem real property taxes and
personal property taxes that may be assessed against the leased premises during the
term of this agreement. Lessee further agrees that it will pay any state sales tax due on
Page 7
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the rental payment made by the Lessee to the Lessor and that it will pay all other taxes,
including, but not limited to, occupational license, beverage license, and permits relating
the operation of the business conducted on the leased premises, which are required by
law. It is further agreed by the Lessor that nothing herein shall obligate Lessee to payor
to reimburse Lessor for the payment of assessments for permanent improvements,
including but not limited to sidewalks, sewers, and streets, that would normally accrue to
the demised premises.
13. The Lessee hereby covenants and agrees to pay all bills for electrical current,
gas, water, heat, refuse collection, and other services to the premises when due.
14. The Lessor will coordinate exterior improvements to the facility with the Lessee
to match the forthcoming "Beach Walk" design criteria. The Lessor will construct
required structural repairs exterior to the retail portion of the building to include ADA
improvements required, replacement of the existing decking and restroom renovations.
These repairs and code compliance items are anticipated to be completed prior to 1
January 2005. The Lessee will be required to make any interior changes in the kitchen,
food service and retail spaces to ensure ADA compliance and facilitate their operation of
the facility. A list of code compliance issues both interior to the retail space and exterior
including restrooms and ramps has been provided to Lessee and attached as Exhibit B.
15. The Lessee shall provide a maximum of 6 foot by 6 foot and minimum 4 foot by 4
foot shadowbox display space to the Clearwater Marine Aquarium for public information
about the aquarium, its mission and location.
16. Lessee will use biodegradable materials whenever feasible.
17. Lessee will provide all equipment and merchandise necessary for the operation
of the concession complex. In addition to the items in paragraph 13, the Lessee will pay
all normal day-to-day repairs and maintenance costs, being certain that any material
used in repair and maintenance will be equal to or better than that originally provided,
and all required insurance premiums.
18. Lessee will be responsible for picking up and disposing of all trash, garbage, and
Page 8
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other debris, whether or not initiated from the sales of the food complex, within 100 feet
of the leased premises. Lessee is authorized to place trash cans in the immediate area
of the leased premises, said trash cans to be maintained by the Lessee.
19. (a) Lessee agrees to indemnify and hold Lessor and its employees harmless
from and against any and all claims, demands, and causes of action or lawsuits of
whatever kind or character arising directly or indirectly out of this agreement and/or
performance hereof. This indemnity clause includes, but is not limited to, claims,
demands, causes of action or lawsuits for damages or injuries to goods, wares,
merchandise and property and/or for any bodily or personal injury or loss of life in, upon
or about the leased premises, or the surrounding premises the Lessee is required to
maintain or which the Lessee uses in connection with the business operated at, on or
from the leased premises. All personal property, including trade fixtures, in the leased
premises shall be at the risk of Lessee, and Lessor shall not be liable for any damage to
such property arising from any cause including, but not limited to, bursting, leaking or
accidental operation of water or sewer pipes; roof leaks or flooding.
Lessee agrees to investigate, handle, provide defense for and defend any such claims,
demands, causes of action or lawsuits at its sole expense and agrees to bear all other
costs and expenses related thereto, even if the claim, demand, cause of action or lawsuit
is groundless, false or fraudulent. In any cases in which such indemnification violates
any applicable legal prohibition, the foregoing provisions concerning indemnification shall
not be construed to indemnify the City for damage arising out of bodily injury to persons
or for damage to property caused by the sole active negligence of the City or its
employees.
(b) Lessee shall at his own expense purchase or maintain during the term of this
agreement, the insurance coverage's set out below:
1. Property Insurance - (Real property including improvements and/or additions).
a. E.o.rm - All Risk Coverage - Coverage is to be no more restrictive than
that afforded by the latest edition of Insurance Services Office Forms
CF00011, CF0420, and CF1210.
Page 9
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b. Amount of Insurance - The full insurable value on replacement cost
basis.
c. Flood Insurance -Flood insurance must be provided for the Lessor of
the total insurable value of such buildings or structures, or, the
maximum of flood insurance coverage available under the National
Flood Program.
d. The City of Clearwater, as Lessor, shall be named as an additional
insured.
2. Boiler and Machinery Insurance - If the buildings or structures include
boilers(s), pressure vessel(s), an/or air conditioning/heating equipment, Lessee
shall maintain comprehensive insurance covering loss on the demised property
including liability for damage to property of others.
a. Repair and replacement.
b. Amount of insurance - $1,000,000 per accident.
c. The City of Clearwater, as Lessor, shall be named as an additional
insured.
3. Comprehensive General Liability - Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive General Liability
Policy filed by the Insurance Services Offices and must include:
a. Minimum limits of $1 ,000,000 per occurrence combined single limits for
Bodily Injury Liability, Property Damage Liability, and Product Liability.
b. Premises and/or operations.
c. I ndependent contractors.
d. Products and/or completed operations.
Page 10
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e. Personal injury coverage with employee and contractual exclusions
removed, including coverage for liability resulting from the dispensing of
alcoholic beverages, if Lessee at any time during the term of this lease
obtains a license to serve any type of alcoholic beverages.
f. The City of Clearwater, as Lessor, shall be named as an additional
insured.
4. Business Auto Policy - Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and must include:
a. Minimum limits of $1 ,000,000 per occurrence combined single limits for
Bodily Injury Liability, Personal Injury, and Property Damage Liability, if
vehicle is used in conjunction with the business.
b. Coverage on all vehicles (owned, hired and non-owned).
c. The City of Clearwater, as Lessor, shall be named as an addition
insured.
5. Workers' Compensation - Coverage to apply for all employees for statutory
limits in compliance with the applicable State and Federal laws, and Employer
Liability. In addition, the policy must include Employers' Liability with a limit of
$500,000 each accident. If the self-insured status of the Lessee is approved
by the State of Florida, the Lessor agrees to recognize and accept same upon
proof of such approval.
(c) In addition, Lessee shall provide to the Lessor the following:
(1) Complete copies of all insurance policies required by this agreement.
(2) Not less than thirty (30) days notice of cancellation or restrictive
modifications of any insurance policy providing the coverage required
by this agreement.
Page 11
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20. If at any time during the term of this lease, the building or premises or any part,
system or component hereof (hereinafter, the "demised premises") shall be damaged or
destroyed, said demised premises and any additions or improvements thereto, shall be
promptly repaired or rebuilt or restored by the Lessee to the condition as good as the
same was immediately prior to such damage or destruction at the Lessee's risk and
expense, and in accordance with plans and specifications mutually agreed upon at the
time; or if none can be agreed upon, then in accordance with the original plans and
specifications and any subsequent plans and specifications for any additions or
improvements constructed prior to the damage. The work of restoration of rebuilding
shall be in full compliance with all laws and regulations and government ordinances
applicable thereto. The insurance proceeds shall be paid to the Lessor, and such
proceeds will be used for the repair or restoration. Any cost of repairs or restoration in
excess of the insurance proceeds shall be borne by the Lessee. Any insurance
proceeds in excess of the cost of repairs or restoration shall belong to the Lessee.
During the period of such damage or destruction, whether in whole or in part, the
monthly guaranteed rent shall abate for no more than 120 days or until commencement
of business, after receipts of all building permits, whichever is sooner. Lessor shall not
withhold unreasonably building permits Lessee applies for and are necessary to repair
such damage or destruction.
If the demised premises shall be totally destroyed or so damaged as to render it
practically useless during the term of this lease, then and in that event, the Lessee or
Lessor may terminate this lease as of the date of such damage, or upon thirty (30) days
written notice to the other party to this lease. In the event of such destruction and except
as otherwise specifically provided under this agreement, both parties waive any and all
rights of recovery against each other for any direct or indirect loss occurring to the
demised premises.
21. Lessor, at its option, may exercise anyone of the remedies provided in
subsection f of this paragraph, except as otherwise provided herein, upon the happening
of anyone or more of the following events ("Events of Default"):
a. Lessee's default in the payment of any rental or other sums due for a period of five
Page 12
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(5) days after the due date;
b. Lessee's continued default with respect to any other covenant of this lease for a
period of fifteen (15) days after receipt of written notice of such default by Lessee from
Lessor, provided that if such default reasonably required more than fifteen (15) days to
cure, there shall be no Event of Default if Lessee has commenced correcting action
within the fifteen (15) day period and is diligently pursuing such action;
c. There shall be filed by or against Lessee in any event pursuant to any statute
wither of the United States or of any state, a petition in bankruptcy or insolvency or for
reorganization or arrangement, or for the appointment of a receiver or trustee of all or a
portion of Lessee's property, or if the Lessee makes an assignment by operations of law,
or if Lessee makes application to Lessee's creditors to settle or compound or extend the
time for payment of Lessee's obligations, or if execution, seizure, or attachment for a
period of 120 days. Failure to remove the levy, seizure or attachment within the 120-day
period shall actuate the default provided by this paragraph and the bond posted shall be
forfeited.
d. Lessee's vacating or abandoning the premises;
e. Lessee's understating gross sales by more than three (3) percent in sales reports
given to Lessor. An error occurring by reason of computer malfunction, typing, or other
similar clerical error shall not be considered a default within the meaning of this
paragraph.
f. Lessor, at its option, may exercise anyone or more of the following remedies which
shall be cumulative.
1. Terminate Lessee's right to possession under this lease and reenter and take
possession of the premises, reletting or attempt to relet shall only involve a
prospective tenant capable of providing comparable or better type services, at
such rent and under such terms and conditions as Lessor may deem best
under the circumstances for the purpose of reducing Lessee's liability, and
Lessor shall not be deemed to have thereby accepted a surrender of the
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premises, and Lessee shall remain liable for all rents and additional rents due
under this lease and for all damages suffered by Lessor because of Lessee's
breach of any of the covenants of this lease. Said damages shall include, but
not be limited to, charges for removal and storage of Lessee's property,
remodeling and repairs, leasing, commissions and legal fees, and loss of
prospective percentage rentals by Lessor. Said prospective percentage rents
shall be calculated on the basis of Lessee's gross sales for the immediately
preceding twelve (12) month period or for the period, adjusted on an
annualized basis, commencing with the first day of this lease if this lease has
not been in effect for twelve (12) months. In addition to its remedies
hereunder, Lessor may accelerate all fixed rentals due under this lease, in
which event the Lessee shall be liable for all past due rent, accelerated rent
and damages as described above; however with respect to the accelerated
rent, Lessor shall receive only the present value of such accelerated rent. At
any time during repossession and reletting pursuant to this subsection, Lessor
may, by delivering written notice to Lessee, elect to exercise its option under
the following subsection to accept a surrender of the premises, terminate and
cancel this lease, and retake possession and occupancy of the premises on
behalf of Lessor.
2. Declare this lease to be terminated, whereupon the term hereby granted and
all right, title and interest of Lessee in the premises shall end and Lessor may
re-enter upon and take possession of the premises. Such termination shall be
without prejudice to Lessor's right to collect from Lessee any rental or additional
rental which has accrued prior to such termination together with all damages,
including, but not limited to the loss of prospective percentage rentals, suffered
by Lessor because of Lessee's breach of any covenant under this lease.
3. Exercise any and all rights and privileges that Lessor may have under the laws
of the State of Florida and/or the United States of America.
22. Lessee shall secure prior written approval from Lessor for modifications or
remodeling of existing facilities or for the construction of any new facilities, such approval not to
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be unreasonably withheld or delayed. The terms remodeling or modifications as used herein
shall include only those events requiring the issuance of a building permit. It is agreed that the
existing improvements, together with any improvements constructed by Lessee during the term
of this lease on the demised premises, shall become the property of the Lessor upon the
expiration or termination of this lease; provided, however, that said reference to improvements
herein contemplates improvements to the real estate which become a part of the land as
distinguished from personal property utilized by the Lessee.
23. Lessee shall, at his expense, at all times during the terms of this lease, keep the
leased premises and all improvements and facilities thereon in good order, condition, and
repair. It is specifically understood by Lessee that the Lessor has the right to inspect the leased
premises and improvements at any time to ensure that the premises and improvements are
indeed in good order, condition, and repair. Upon the termination or expiration of this lease,
Lessee shall repair any and all damages to the premises caused by the removal by Lessee of
personal property.
24. Upon the termination or expiration of the lease for whatever cause, the Lessee shall
have 15 days to remove, at his own expense, its equipment, signs, insignia, and other indicia of
its tenancy or use.
25. Lessee agrees to indemnify and save harmless the Lessor by reason of any
mechanic's lien which may be asserted as a claim against the leased property, and to furnish
Lessor a good and sufficient bond signed by a reputable bonding company doing business in
Florida, which band shall be in a amount equal to 100 percent (100%) of the cost of
construction of the contemplated improvements to the demised premises.
26. The Lessee hereby covenants and agrees to promptly and continuously comply with
all regulations and orders of the Health Department and health officers of the local, state, and
national governments; and Lessee hereby covenants and agrees to keep, operate, and
maintain the concession in such a manner as to preclude any warnings of major violations or
notices to show cause being issued by any regulatory agency authorized to inspect the
premises under Florida Statute 509 as it presently exists or as it may be amended. In addition,
Lessee agrees to forward to Lessor a copy of each inspection report issued in accordance with
Florida Statute 509 as it presently exists or as it may be amended within fifteen (15) days of
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receiving any such reports.
27. Lessor covenants and agrees that upon payment by Lessee of the rents herein
provided, and upon observance and performance by Lessee of all the covenants, terms, and
conditions required of the Lessee by the lease, Lessee shall peaceably and quietly hold and
enjoy the leased premises for the term of the lease without hindrance or interruption by Lessor.
28. Notices hereunder shall be given only by registered letter and shall, unless otherwise
expressly provided, be deemed given when the letter is deposited in the mail, postage prepaid,
addressed to the party for whom intended at such party's address first herein specified or to
such other address as may be substituted therefore by proper notice hereunder. Notice to be
provided to Lessor under this lease shall be directed in care of the City Attorney's Office.
29. If the Certified Public Accountant providing the annual audit required in this
agreement is not an independent Certified Public Accountant, Lessee at the City Manager's
option, agrees to make all records of gross sales pertaining to this lease available to an
independent Certified Public Accountant chosen by the City Manager, for the purpose of
confirming the fair representation of the previously submitted audits. Any such audit provided
for in this paragraph may not go back for more than three (3) years. If an independent Certified
Public Accountant, chosen by the Lessor, audits the business operated hereunder, and finds
that a fair representation of the gross revenues understates lease revenue due the Lessor, the
cost of the independent audit shall be borne by the Lessee; if the independent audit confirms
the fair representation of the Lessee or overstates lease revenue due to the Lessor, the Lessor
shall pay for the audit.
30. No sign of any type will be posted, erected, hung or otherwise placed in view of the
general public so as to advertise any product or identify the concession complex unless
permitted by the City of Clearwater Code of Ordinances, as they now exist or as they may be
amended, and unless authorized and approved by the City Manager. However, the Lessee
must provide menu-type board or boards to be placed inside the food concession area so that
they will be plainly visible to the public and list the food and drink items for sale with their
corresponding prices. Lessee also will place a sign inside the food concession area so it will be
plainly visible to the public, which states that the concession area and beach rentals are
operated by Lessee and not Lessor. The Lessor will be responsible for signs at the entrance of
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the restrooms indicating appropriate gender. A sign denoting the price list of all beach
equipment rentals must be posted by the Lessee at the entrance to the rental concession area
as well as at one other point must post from which the rental of beach equipment has
heretofore been authorized.
31. Restroom facilities must be kept clean and sanitary at all times and are subject to
inspection by Lessor. No coin-operated toilets or other coin-operated devices will be allowed in
the aforementioned restroom facilities except upon written authorization of the City Manager.
Lessee agrees to notify immediately the Lessor's Police Department at any time the Lessee
becomes aware of any activity that is a violation of a law in the area of the concession complex.
32. Lessee agrees to provide change of dollar bills to users of Lessor's parking lot so
that these users are able to deposit the coins required in the parking meters. It is the parties'
intent that the Lessee will provide said change whenever possible.
33. Lessee's exclusive right, as referenced in Section 4 of this Lease, to rent beach
equipment from the leased premises does not deny members of the public the right to bring
their own equipment for personal use.
34. All sales shall be recorded on a tape cash register and the tapes shall be maintained
three (3) years for review by Lessor's auditor. The Lessee shall maintain an adequate set of
books and records of its operation of the business of renting beach equipment and the sale of
food, beverages and sundries, and his books and records must be provided to the City Manager
at his request.
35. The Lessee will additionally provide Two Thousand Five Hundred ($2,500.00)
Dollars per year to the Clearwater Beach Patrol Lifeguards, in furtherance of supporting the
safety of visitors to Clearwater Beach. The Clearwater Beach Patrol was honored as the Beach
Patrol of the Year in March 2004, and has consistently placed first or second over the last three
years at the United States Lifesaving Association Southeast Region tournament. The lifeguard
program is a vital part of the success of Clearwater Beach and the Lessee will provide a
Twenty-Five Thousand ($25,000.00) Dollar additional benefit over the life of the lease to the
City of Clearwater.
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36. Lessee shall not advertise any business not operated at, on, or from the premises
without the prior written consent of the City Manager.
37. In the event the Lessor retains an attorney to enforce any of the provisions of this
lease, or renewals of or addenda to this lease, or to effect the enforcement of any legal right of
the Lessor against the Lessee, the Lessee agrees to pay the Lessor all costs of said
enforcement reasonably incurred, including court costs and reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this
_ day of , 2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor
William B. Horne, II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
STEVE F. CHANDLER AND
LISA M. CHANDLER d/b/a
FIELDS, INC.
By:
Steven F. Chandler
By:
Lisa M. Chandler
A04-00382
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