11/18/2004
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City Council Agenda
Date: 11/18/2004 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:
4.1 Service Awards
5 Presentations:
5.1 City Manager's Annual Report
5.2 Recognize the work of the Downtown Design Guidelines Steering Committee
5.3 Awards to Laboratory Manager
5.4 Recognition of Coastal Cleanup Volunteers
6 Approval of Minutes
6.1 City Council - November 4, 2004
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 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
8.1 Approve an amendment to the development agreement between the Beachwalk Resort
LLC (fka Clearwater Seashell Resort L.C.) and the City of Clearwater, Adopt Resolution
No. 04-35 and approve restructuring of the funding in Capital Improvement Project
315-92267 (Coronado/S. Gulfview Streetscape) by replacing the $2 million General
Fund Loan with a $2 million loan from the Central Insurance Fund.
9 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.
9.1 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 1705 Thomas Drive (consisting of Lots 28 and 29
Virginia Groves Terrace 2nd addition in Section 5, Township 29 South, Range 16 East)
and PASS Ordinance Nos. 7344-04, 7345-04 & 7346-04 on first reading.
10 Second Readings - public hearing
- None
City Manager Reports
11 Consent Agenda
11.1 Declare two Steadfast bridges located at Glen Oaks Park, 1345 Court Street, surplus to
city needs and approve a Letter of Understanding between the City and Pinellas
County as it relates to the donation and use of the bridges.
11.2 Approve an agreement between the City of Clearwater and the School Board of
Pinellas County, Florida providing for temporary assignment of an additional School
Resource Officer to Clearwater High School and Countryside High School, and that the
appropriate officials be authorized to execute same.
11.3 Approve Streetscape Maintenance Memorandum of Agreement with the State of
Florida Department of Transportation and authorize the appropriate officials to execute
same.
11.4 Approve a work order to Parsons Water & Infrastructure, Inc., in the amount of
$324,310 for engineering design services related to the Chloride Monitoring Well
Implementation Project (04-0029-UT), and that the appropriate officials be authorized
to execute same.
11.5 Award a contract for the Northeast Filter Rehabilitation and Marshall Street Blower
Motor Control Center Replacement Project (03-0066-UT) to TLC Diversified of
Palmetto, FL, in the amount of $2,395,705.00, which is the lowest responsive bid
received in accordance with plans and specifications, and that the appropriate officials
be authorized to execute same.
11.6 Authorize the City Attorney to institute a quiet title action to clear a cloud on the title of
property located at 1128 Palm Bluff Street, Clearwater, Florida, and owned by the City
of Clearwater. Legal Description: as to Lot 47, and if necessary Lot 48, Blk. F,
Greenwood Park No.2., Parcel No. 10/29/33552/006/0470.
Purchasing
11.7 Joswig Construction Inc. - Concrete flatwork as needed at various locations throughout
the city during the period: November 19, 2004 through November 30, 2004, at a cost
not exceed $350,000.
12 Other items on City Manager Reports
12.1 Pass on first reading Ordinance 7366-04 authorizing Gas System Subordinate Debt, to
be issued by Florida Gas Utility on the City's behalf as part of a gas supply
arrangement with Public Gas Partners,
12.2 Pass Ordinance No. 7321-04 on first reading increasing domestic, lawn water, and
wastewater collection utility rates by 7% effective October 1, 2005, with subsequent 6%
increases to be effective October 1, 2006, October 1, 2007 and October 1, 2008 and
increasing reclaimed water rates by 29.44% effective October 1, 2005, then metering
reclaimed water and implementing the proposed reclaimed water rates that are
projected to result in a 29.44% increase to the average reclaimed water customer
effective October 1, 2006 followed by a 6% increase to those reclaimed water rates
effective October 1,2007, and October 1,2008,
12.3 Appoint one member to the Community Development Board with the term expiring on
February 28, 2006.
12.4 IAFF Union negotiations update.
13 City Attorney Reports
13.1 Pass Ordinance No. 7350-04 on first reading, amending Ordinance No. 6779-01, which
vacated the 60-foot right-of-way of Third Street, (A/K/A Third Avenue), bounded on the
east by the westerly right-of-way line of Coronado Drive and bounded on the west by
the easterly right-of-way of South Gulfview Blvd., subject to special conditions.
13.2 PASS Ordinance No. 7351-04 on first reading, amending Ordinance 6780-04, which
vacated the east 35 feet of the 70 foot right-of-way of Gulfview Blvd., bounded on the
north by the westerly extension of a line parallel to and 20 feet north of the northerly lot
line of lots 57 and 104 of the L1oyd-White-Skinner Subdivision, and bounded on the
south by the westerly extension of the south lot line of Lot 59 of said
L1oyd-White-Skinner subdivision, subject to special conditions.
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Councilmembers
FROM: Cyndie Goudeau, City Cler@
SUBJECT: Follow up from November 15, 2004 Work Session
COPIES: William B. Horne, City Manager
DATE: November 17, 2004
The following information is provided:
Item #8.1 - Approve an amendment to the development agreement between the
Beachwalk Resort LLC (fka Clearwater Seashell Resort L.C.) - Map showing 1/4 mile radius
around proposed development is provided. This item will need to be continued due to
lack of notice and advertising.
Item #11.2 - Approve an agreement between the City and the School Board of
Pinellas County for temporary assignment of an additional School Resource Officer to
Clearwater High School and Countryside High School
In response to the concerns regarding the radio communication problems at
Countryside High School the following is provided: - An "Incident Commanders Radio
Interface" (ICRI) and the appropriate accessories have recently been received. The
Police Department is coordinating with General Services to obtain the proper cabling and
antennas to complete the install at Countryside High School by the end of the year. The
plan has been to wait until Christmas recess at the school in order to facilitate a more
efficient and safer install.
Information regarding the surplus in last year's Police Department budget follows: -
The original Police Department budget was $29,772,010. After a final revision, the Police
Department's budget was $30,153,130. This included $300,000 for 6 officers on the
Downtown Bike Team. Period 12 reports indicate the Police Department has a balance of
$454,598, which is 1.5% of the revised budget. The Police Department will have to wait
until the Comprehensive Annual Financial Report (CAFR) is completed to know the actual
balance. (Period 12 of fiscal 2002/03 indicated a balance of $20,847 and the CAFR
reported a deficit of $7,548.)
Page Two
Expectations are a balance of approximately $250,000 because of salary savings
due to the long hiring and training process of sworn police officers. Last year, 25 sworn
positions were vacant for an average of 70 workdays each. This equals 14,000 hours or
6.7 FTE's. The 25 sworn vacancies resulted from 10 resignations, 9 retirements, 3
terminations, 2 job connected disabilities, and 1 voluntary demotion.
The Police Department's Garage Services were extremely high for FY 2003/04.
After some review by both Fleet and the Police Department, a credit of $117,614 was
received in the last period for the year.
It was estimated that the final payroll accrual for the 2 additional days (9 days accrued
and reversal of accrual for 7 days) would be approximately $200,000. (A one-day additional
accrual has been $95,000 and $106,000 respectively for the past two years.) When the
accrual was actually completed, it was only an additional $95,600
Item #12.2 - Ordinance No. 7321-04 increasing domestic lawn water, and wastewater
collection utility rates - A presentation regarding the rate increases will be given at the
Council meeting, but the first reading of the ordinance will be December 2, with second
reading December 16. Additional information will be provided prior to Thursday's Council
Meeting.
City Council
Agenda Cover Memorandum
Final Agenda Item #
Meeting Date:
11/15/04
11/18/04
SUBJECT/RECOMMENDA TION:
SERVICE AWARDS
SUMMARY:
D and that the appropriate officials be authorized to execute same.
5 Years
Markus L. Morgan
Alfred R. Basore
Donald J. Packer
Elliot E. Shoberg
Gina Clayton-Ghomshe
Cathy Adams
Sandra H. Clayton
Mason L. Merryman
AndrewM. Neff -
Harold Sanders -
Michael W. Schloff
William Stringfellow
10 Years
Brian 1. Ravins
Ann B. Kennedy-Brown
David G. Stoner, Jr.
Cheryl A. Ford
15 Years
Terence D. Kelly
Robert L. Kinchen, Jr.
David C. Koscielniak
Gregory S. Stewart
John Schmalzbauer
Reina E. Carbajal
Jan Nickols
Aundra Williams
Catherine Yellin
20 Years
Scott J. Bennett
Teresa J. Finch
30 Years
John J. Oswald
James K. Beardsley
Solid Waste
Public Services
Gas
Engineering
Planning
Engineering
Parks & Recreation
Police -
Public Utilities ~ ~o.,l-.l._'/
Solid Waste
Parks & .Recreation
Engineering
Finance
Police
Library
Finance
Police
Police
Police
Police
Police
Library
Library
Solid Waste
Marine & Aviation
Public Utilities
Engineering
Gas
Parks & Recreation
City Manager's Annual Report 2004
Building Our Future Together - Presentation 11/18/04
Four years ago, we established a vision for Clearwater. That vision focused on
five priorities: public safety, economic development, infrastructure
maintenance, quality of life and human resource issues.
Over the last four years, we've made great strides, with new fire stations,
recreation centers, public safety investments and one of the most dedicated,
professional staffs in all of Florida. We've made significant investments in
roads, traffic calming and water resources. And today were facing the dawn of
a revolution in both downtown and beach revitalization.
The progress we've made over the past few years has been a direct reflection
of how we can maintain progress by focusing our commitment on those core
values. Improving the quality of life for our residents requires vision,
determination and perhaps most of all, patience.
The last year has been one of extraordinary achievement. We can start by just
looking at the progress made to improve the quality of life in Clearwater.
Two of the city's largest projects ever - Bright House Networks Field. . . .
. . . . and the new Clearwater Main Library - opened this year to rave reviews
from within our community and beyond, positioning Clearwater in the spotlight of
the Bay Area scene. Both speak to the power of partnership in our community.
Neither could have been completed without the financial support of our local
businesses and individual contributions.
The same could be said of our arts partnerships, which, among other things, led
to the renovations of Ruth Eckerd Hall, unveiled to the community earlier this
year. In addition, we've increased our regional collaboration to enhance the arts
experience throughout the bay area
Our commitment to high-quality, inclusive recreation options for residents
received national recognition this year when Sports Illustrated Magazine named
Clearwater the top sports town in Florida. This Sports Town USA designation can
be proudly regarded as an affirmation of Clearwater's focus on quality of life
An unprecedented four hurricanes tested our staff like no other time in the history
of our city, and every department rose to the occasion. Public safety, operations
and infrastructure functions worked tirelessly to meet the demands of our
residents before, during and after the storms. The teamwork and dedication
displayed this hurricane season strengthened my faith that this staff is second to
none. I should add that hiring Emergency Manager Bill Vola this year couldn't
have been more timely.
Consistent with the recommendations from our Fire task force, we opened two
new fire stations this year, further enhancing the safety and security of our
residents. We've also welcomed a new fire chief, Jamie Geer, to Clearwater, who
has already set in motion plans to improve the training and operation of our
nationally accredited fire department.
One of the most high-profile set of
achievements this year, though,
has to be the progress we've
made in revitalizing downtown
and the beaches. We're
beginning to see the benefits of
years of planning and hard work.
Beach by Design, the Downtown
Plan and accompanying
downtown design guidelines are
coming to life right before our
eyes.
Estimates from the Economic
Development Department
indicate that we could see more
than 800 new hotel rooms on the
beach, another 800 residential
units downtown and well over
100,000 square feet of new retail
space in these areas within four
years. This goes along with the
relocation of one of Clearwater's
home-grown employers to the
former IMR site and continued
redevelopment in other areas of
the city.
Our belief has always been that
clear guidance, quality public
investment and careful planning
leads to private sector
improvements. Approval of Beach
Walk funding and the pending
downtown streetscape project go
hand in hand with this renewed
interest by developers in
revitalizing Clearwater.
While we were unable to find the right fit for
redevelopment of the Jack Russell site, we're confident
that the current dialogue will enable us to find a solution
that best fits the dreams of the North Greenwood
community and all residents of our community.
With all of these projects moving forward, and with DOT
and PCL moving quickly toward completion of the new
Memorial Causeway Bridge, citizen involvement is going to
be paramount in the coming year. We realize that projects
of this scope are going to create challenges and temporary
inconveniences that can only be resolved by
communicating and partnering with citizen leaders to find
reasonable solutions.
There's a thread that runs through many of our
successes, and that's partnerships. It's our
continued work toward positive partnerships and
community-based problem solving that earned
Clearwater the designation of All-America City
finalist this year.
In the coming year, I look forward to working with the
Council and our staff on maximizing the dialogue with
residents as we meet the challenges ahead. I also can't
stress enough the positive contributions of the staff that
keep this city moving forward every day. Without
talented, dedicated and professional employees, no
vision - no matter how great - can take flight. They all
deserve kudos for their efforts.
I encourage residents to pick up a copy of our annual
report, which includes not only the points I have
touched upon today, but also many other
achievements that give us reason to celebrate
Clearwater.
The report appears in a 12-month calendar format
this year, and is available in the Clearwater section of
today's Sf. Petersburg Times, or through many of our
public facilities. Thank you.
PLf) - 2-
City Council
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81
Tracking Number: 954
Actual Date: 11/18/2004
Subiect I Recommendation:
Approve an amendment to the development agreement between the Beachwalk Resort LLC (fka
Clearwater Seashell Resort L.c.) and the City of Clearwater, Adopt Resolution No. 04-35 and
approve restructuring of the funding in Capital Improvement Project 315-92267 (Coronado/S.
Gulfview Streetscape) by replacing the $2 million General Fund Loan with a $2 million loan from
the Central Insurance Fund.
Summary:
The subject site is 1.63 acres and is located at 201 and 301 South Gulfview Boulevard and 230,
300 and 304 Coronado Drive. The Community Development Board (CD B) is scheduled to review
the proposed applications for Flexible Development and Development Agreement approval at their
meeting on November 16, 2004. See attached memorandum for additional information.
When the initial agenda item was approved regarding the additional funding for the Coronado/So
Gulfview Streetscape, it was contingent upon the commencement of this development and
anticipated the elimination of the City's responsiblity to purchase the property from the developer
(for $6 million) if the developer failed to commence construction by 3/6/06. The elimination of
this requirement would have released $6 million worth of funding, $2 million of that being General
Fund. Since this $2 million in General Fund money will not be able to be released until 3/6/06
and the funding for Coronodo/S. Gulfview is needed prior to that time, we will need to replace the
$2 million in General Fund money in the Corondo/S. Gulfview project with $2 mllion in Central
Insurance Fund loan until such time as the requirement to purchase the property has been
eliminated (3/7/06). At that time, a budget amendment will be made to return the Central
Insurance Fund money and replace it with General Fund money. The funding for this project will
be put in place upon the developer moving forward on their project and depostiing the
appropriate funds with the City of Clearwater. A quarterly amendment will be processed to reflect
the budget at that time.
Oriainating: Planning
Section: Other items on City Manager Reports
Categorv: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 11/05/2004
Financial Information:
Review Aooroval
Cvndi Taraoani
11-02-2004
15: 11 : 58
Cvndie Goudeau
11-05-2004
13:45:57
Sue Diana
11-08-2004
08:40:20
Pam Akin
11-03-2004
15:59:32
1---- --
I
Garrv Brumback
Margie Simmons
Bill Horne
City Council
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11-05-2004 13:33:54
11-04-2004 16:07:29
11-05-2004 23: 18:00
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SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR
PROPERTY
IN THE
CITY OF CLEARWATER
between
THE CITY OF CLEARWATER, FLORIDA,
and
BEACHWALK RESORT, LLC
Dated as of
,2004
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS...... ................................................................................... ............................. 2
Section 1.01
Section 1.02
Section 1.03
Defin it ions ............................................................................................................... 2
Use of Words and Phrases..................... .................................................... ........... 5
Florida Statutes............ .................................................................. ........................5
ARTICLE 2. PURPOSE, PROPOSAL
AND DESCRIPTION OF PROJECT................................................ ...................................5
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Finding of Public Benefit and Purpose ...................................................................5
Purpose of Agreement........................................................................................... 5
Scope of Project..................................................................................................... 5
Cooperation of the Parties.................................................................................. .... 8
ARTICLE 3. REGULATORY PROCESS.................................................................. ...............................8
Section 3.01
Section 3.02
Section 3.03
Land Development Regulations............................................................................. 8
Development Approvals and Permits..................................................................... 8
Concurrency........................................................................................................... 9
ARTICLE 4. PLANS AND SPECIFICATIONS ................................................;.....................................10
Section 4.01 Preparation of Plans and Specifications ..............................................................10
ARTICLE 5. PROJECT DEVELOPMENT .............................................................................................11
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
Ownership of Project Site...... ....................... ..................................... ...................11
Project Site .............................................................................................. .............11
City Option to Purchase......... ......... ....................................... .............. .......... ...... 11
City's Obligations.................................................................... .............................. 12
Obligations of the Developer ................................................................................16
ARTICLE 6. PROJECT FINANCiNG.................................................................................................... 19
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.08
Section 6.09
Section 6.10
Section 6.11
Section 6.12
Notice of Project Financing to City .......................................................................19
Copy of Default Notice to City.............................................................................. 19
City Option to Pay Mortgage Debt or Purchase Project.......................................19
AsSignment of Rights Under Agreement to Project Lender .................................20
Notice to Project Lender....................................................................................... 20
Consent of Project Lender.................................... ................................................ 20
Estoppel Certificates............................................................................................ 21
Cooperation ........ .... ............. ........ ................................. ......................... ...............21
Reinstatement by Project Lender ........................................ ........... .......... ............ 21
New Agreement.......... ..... ................................................................... ........ ..........21
Transfer of New Agreement .................... ............................................................. 22
Survival................................................................................................................. 22
ARTICLE 7. CONSTRUCTION . ............................................................................................................ 22
Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
Site Work.............................................................................................................. 22
Construction ......................................... ...............................................................22
Construction Completion Certificate..................................................................... 24
City not in Privity....................... ............................................................................ 25
Construction Sequencing and Staging Area ........................................................25
ARTICLE 8. INDEMNIFiCATION.... .......................... ............................................................................ 25
Section 8.01 Indemnification by the Developer .........................................................................25
Section 8.02 Indemnification by the City ...................................................................................26
Section 8.03 Limitation of Indemnification........................................................................... ......27
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER.................. .......................................................................................... 27
Section 9.01 Representations and Warranties.......................... ................................................27
Section 9.02 Covenants ...................................................... ............................. .........................29
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CiTy............. ........................................................................................................... 30
Section 10.01 Representations and Warranties............. .............. .............. ...... ................ ........... 31
Section 10.02 Covenants............................................................................................. .... ........... 31
ARTICLE 11. CONDITIONS PRECEDENT ............................................................................................... 32
Section 11.01 Construction of Project.... ............ ........ ................. ................ .................... ............ 32
Section 11.02 Responsibilities of the Parties for Conditions Precedent .....................................33
ARTICLE 12. DEFAULT; TERMINATION ............................................. ............................................... 33
Section 12.01 Project Default by the Developer..........................................................................33
Section 12.02 Default by the City .......................................................... ...................................... 35
Section 12.03 Obligations, Rights and Remedies Cumulative....................................................36
Section 12.04 Non-Action on Failure to Observe Provisions of this
Agreement.................... ..................................................................................... 36
Section 12.05 Termination..................... ...................................................................................... 36
Section 12.06 Termination Certificate....................... ........................... ......... ..................... .........38
ARTICLE 13. RIGHT TO CONTEST ................................................................................. .................... 38
Section 13.01 Right to Contest................ ....................................................................... .............38
Section 13.02 Conditions............................................................................................................. 38
ARTICLE 14. ARBITRATION.......................................................................................... ......................39
Section 14.01 Agreement to Arbitrate........ ............ ........ ...................................... ............ ........... 39
Section 14.02 Appointment of Arbitrators. ................ .......... ............ ........................... .................. 39
Section 14.03 General Procedures............................................................................................. 41
Section 14.04 Majority Rule......................................................................................................... 41
Section 14.05 Replacement of Arbitrator........... ..... ................ ....... ................... ................. ......... 41
Section 14.06 Decision of Arbitrators........... .............. ............... ................ ......... .......... ...............41
Section 14.07 Expense of Arbitration .......................................................................................... 42
Section 14.08 Accelerated Arbitration...... ...................................................................................42
Section 14.09 Applicable Law..................................................................................................... 43
Section 14.10 Arbitration Proceedings and Records ..................................................................43
ARTICLE 15. UNAVOIDABLE DELAy................................................................................................ .43
Section 15.01 Unavoidable Delay.............................................................................................. .43
ARTICLE 16. RESTRICTIONS ON USE............................................................................................ ...44
Section 16.01 Project........................................................................................................... ....... 44
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION .......................................................44
Section 17.01 Loss or Damage to Project...................................................................................44
Section 17.02 Partial Loss or Damage to Project .......................................................................45
Section 17.03 Project Insurance Proceeds .............. ........ ........ ................... .............. ..................45
Section 17.04 Notice of Loss or Damage to Project ...................................................................46
Section 17.05 Condemnation of Project or Project Site; Application
of Proceeds....................................................................................................... 46
Section 17.06 Approvals................................ .............................................. .......... ...................... 46
ARTICLE 18. MISCELLAN EOUS ..... ....................................... ......................................... ..... .......... .....46
Section 18.01 Assignments .. ....................... ................................... ......................................... ....46
Section 18.02 Successors and Assigns ........1.............................................................................47
Section 18.03 Notices.. .................................................................... ...................... ...................... 47
Section 18.04 Applicable Law and Construction .........................................................................48
Section 18.05 Venue; Submission to Jurisdiction .......................................................................48
Section 18.06 Estoppel Certificates ....................................................................... ....... ...... ..... ...49
Section 18.07 Complete Agreement; Amendments ....................................................................49
Section 18.08 Captions....... .................... ...... ........................................................... ..... ...... ........50
Section 18.09 Holidays........ ........................................................................................................ 50
Section 18.10 Exhibits......... ................... .......... ................. ..........................................................50
Section 18.11 No Brokers................................. .......................................................... ....... ..........50
Section 18.12 Not an Agent of City................ .............. ............ .......... ........................ .................50
Section 18.13 Recording of Development Agreement ................................................................ 50
Section 18.14 Public Purpose................ .......... ........................................................ ........... ........50
Section 18.15 No General Obligation..... .......... ....... .......... .............. ................... ........ ................. 51
Section 18.16 Other Requirements of State Law........................................................................ 51
Section 18.17 Technical Amendments, Survey Corrections ....................................................... 51
Section 18.18 Term; Expiration; Certificate ................................................................................. 51
Section 18.19 Approvals Not Unreasonably Withheld ................................................................52
Section 18.20 Effective Date....................................................................................................... 52
EXHIBITS
Legal Description of Controlled Property........... ............................................................................ ............... A
Project Description................ .......................... ............ .................................................. ........................ ....... B
Project Site.................................. .................................. "................................................................ .............. C
Project Development Schedule... ....................... .......................................................................................... D
Covenant Trip Generation Management Program..................... .............................................. .................... E
Covenant Regarding Hurricane Watch Closure & Use & Occupancy of Resort Hotel .................................F
List of Required Permits & Approvals............... ............................................................................. ............... G
Public Improvements.................................................................................................................................... H
Appraisal Instructions.....................................................................................................................................1
Covenant of Unified Use..................... ........................................................................................................... J
License Agreement......... .......... ....................................................................................................................K
Beach Concession Standards ................ ......................................................................................................L
Beach Walk Improvement Schedule..... ................................................................................................... ...M
Minimum Hotel Quality Standards....... ............................ ................. ............................ ..... .......... ............. ...N
This Second Amended Agreement for Development of Property (the
"Agreement") is made as of this _ day of , 2004, by and
between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City"), and BEACHWALK RESORT, LLC, a Florida limited
liability company (the "Developer").
WITN~SSETH:
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 design for the revitalization of Clearwater Beach entitled Beach by
Design;
WHEREAS, Beach by Design identifies a need for additional public
parking on Clearwater Beach;
WHEREAS, Beach by Design calls for the removal and replacement of
surface parking spaces located to the west of South Gulfview to the south of Pier
60 Park;
WHEREAS, the City has adopted Beach by Design pursuant to the
Pinellas Planning Council's Rules in support of the City's Comprehensive Plan;
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 requires the use of the Hotel
Unit Pool for overnight accommodations and limits tenancies to 30 days or less.
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the
maintenance and operation of the project as resort hotel operating under a
national or international "flag" or other comparable marketing affiliation or
program;
WHEREAS, Beachwalk Resort, LLC proposes to develop a resort hotel
and residential project on certain property fronting on South Gulfview (the
"Project Site") and has proposed to include at least seven hundred and fifty (750)
parking spaces of which at least four hundred (400) spaces shall be open to the
public;
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WHEREAS, it is necessary that the City take certain actions in order to
make it possible for Beachwalk Resort, LLC to develop the Project Site 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 F. S. and applicable law;
WHEREAS, the City has determined that as of the Effective Date of this
Agreement, the proposed development is consistent with the City's
Comprehensive Plan and Land Development Regulations;
WHEREAS, the City and Developer entered into a Development
Agreement for development of real property in the City of Clearwater dated
March 13, 2001, which was amended by the First Amended and Restated
Development Agreement dated August 28, 2002;
WHEREAS, it is necessary to enter into this Second Amended and
Restated Development Agreement in order to revise the funding and construction
procedures for Beach Walk, authorize 24 additional units from the Hotel Unit
Pool, change the permitted uses, revise the Termination provisions, revise the
hotel quality standards, revise the beach concessions provisions and other
changes;
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 Amended and Restated Development Agreement and
authorized and directed its execution by the appropriate officials of the City;
WHEREAS, the members of Beachwalk Resort, LLC have approved this
Agreement and has authorized certain individuals to execute this Agreement on
its 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. "Agreement" means this Second Amended and Restated Agreement for
Development of Property including any Exhibits and any amendments thereto.
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2. "Beach by Design" or "Plan" means the strategic redevelopment plan for
Clearwater Beach dated 2001, which was adopted by the City Council pursuant
to the provisions of the Pinellas County Planning Councils Rules for the
designation of a Community Redevelopment District, as amended by Ordinance
7194-94.
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 Developer commences or
causes a Contractor to commence construction (see Section 5.05(12)).
6. "Completion Date" means the date on which the last certificate of occupancy
required for the Project is issued.
7. "Construction Completion" means the date a Construction Completion
Certificate is issued (see Section 7.03).
8. "Controlled Property" means those properties within the Project Site which
have been purchased by the Developer or an affiliate or nominee on the Effective
Date of this Agreement (see Section 5.01) which are more particularly described
in the legal description set out in Exhibit A to this Agreement.
9. "Developer" means, for the purposes of this Agreement, Beachwalk Resort,
LLC and its successors and assigns as provided in Article 18.
10. "Effective Date" means the date of approval and execution of the
Development Agreement.
11. "Exhibits" means those agreements, diagrams, drawings, specifications,
instruments, forms of instruments, and other documents attached and designated
as exhibits to, and incorporated in and made a part of this Second Amended and
Restated Development Agreement.
12. "Garage Access Improvements" means the pedestrian overpass, landing,
arcade, elevated sidewalk, and facilities to provide concessions along the
western facade of the Project (but not within the resort building) providing access
to the proposed garage which garage shall include at least four hundred (400)
parking spaces as a part of the Project which are to be available to the general
public, as more particularly described on Exhibits Hand L. The Garage Access
Improvements shall be owned by the City and shall be maintained by the
Developer in accordance with operating standards compatible with the Hotel.
13. "Meeting Space" means any building floor area which can be used in
conjunction with conference or meeting activities.
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14. "Net Cost of South Gulfview and Bel3ch Walk Improvements" means the total
cost of the South Gulfview and Beach Walk Improvements, including any debt
service, and other funds from sources other than the City, not including any fair
share or pro rata payments made by the owners of other properties which front
on South Gulfview.
15. "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.
16. "Plans and Specifications" means, as to each part of the Project to be
developed, the site plan for the Project to be developed, filed with the City as
required by the Land Development Regulations for the purpose of review and
approval.
17. "Project" means, collectively, the concept of development for a resort hotel
proposed by the Developer as described in Section 2.03(1) of this Agreement
and the preliminary plans which are attached hereto as Exhibit B.
18. "Project Site" means the land area generally bounded by the western edge of
the right-of-way of Coronado Street, on the north by the southern boundary of the
Golden Sands Motel property, sometimes referred to as the "Spyglass property",
on the south by the northern boundary of the property popularly known as the
"Legends property," and on the west by the centerline of South Gulfview, which is
more particularly described and depicted on Exhibit C (see Section 5.02).
19. "South Gulfview and Beach Walk Improvements" means the proposed
realignment of South Gulfview and the construction of a thirty-five (35) foot wide
promenade, a ten (10) foot bicycle/skating path, a ten (10) foot beachfront
pedestrian path, thirty two (32) paid parallel surface parking spaces and
associated landscaping from the Adams Mark Resort to Coronado Street, as
more particularly shown on Exhibit H.
20. "Termination Date" means the date a termination certificate is issued
pursuant to Article 12.
21. "Termination for Cause" means a termination which results from an uncured,
material breach of the Agreement.
22. "Unavoidable Delay" means a delay as described in Article 15 hereof.
23. "Vacation of Rights-of-Way" means the abandonment of the right-of-way of
Third Street between the right-of-way of Coronado and the centerline of the
existing right- of-way of South Gulfview and the eastern half of the existing right-
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of-way of South Gulfview within the Project Site by the City in favor of Developer,
in order that the goals and objectives of the Comprehensive Plan may be better
accomplished.
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 oth~rwise indicate, the singular shall include
the plural as well as the singular number, and the word "person" shall include
corporations and associations, limited liability corporations and partnerships,
including public bodies, as well as natural persons. "Herein," "hereby,"
"hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement and not solely to the particular portion thereof in which
any such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida
Statutes (2004), 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 acquisition of the Controlled Property by the Developer and 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 of Clearwater, (2) to
conform to the provisions of Florida law, (3) to be in the best interests of the
citizens of the City, (4) to further the purposes and objectives of the City,
including, without limitation, the addition of 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 removal of parking
from the dry sand beach, implementation of the South Gulfview and Beach Walk
Improvements and the Garage Access Improvements to be constructed as a part
of the Project.
2.02. Purpose of Agreement. The purpose of this Agreement is to further the
implementation of Beach by Design by providing for the development of the
Project Site and the construction of certain public improvements, all to enhance
the quality of life, 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, residential and retail uses and appropriate accessory uses and shall
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be developed in substantial conformity with the preliminary plans of
development which are attached as Exhibit B. The Project Site is 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 - at least 400 spaces.
b. Private parking -at least 350 spaces.
c. Hotel - The Hotel shall include no more than two hundred
fifty (250) hotel units (which may be submitted to condominium
ownership), 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, beach club,
outdoor recreation space, storage, back office and administration areas
and other functional elements related to the Hotel, including not more than
twenty five thousand (25,000) square feet of retail/restaurant floor area.
Of the hotel units, 209 are Hotel Unit Pool units, which shall be required to
be submitted to a rental program requiring that such unit 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 making such rooms
unavailable for occupancy and subject further to the right of the operator
to remove such rooms from service as necessary to assure compliance of
such rooms with the operating standard of such operator. In order to
assure the high quality resort experience called for under this Agreement,
all such units, as well as the units not representing bonus units, shall be
operated by a single hotel operator who shall meet the requirements as to
operating standards set forth in Exhibit N of this Agreement.
d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating all or
portions of the Project elements using any ownership format permitted
under Florida Statutes including individual ownership formats provided
that the requirements as to availability for transient occupancy and as to a
single hotel operator set forth in Section 2.03(1) (c) are satisfied.
3. Up to twenty-five percent (25%) of the hotel units may be suites with
kitchens, including all typical kitchen equipment and amenities. In addition,
partial kitchens or mini-kitchens shall 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
which is developed as a part of the Project. In addition, no hotel unit shall
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be used as a primary or permanent residence and each unit from the
Hotel Unit Pool shall be required to be available to transient hotel guests
and to be operated as described in Section 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 resort hotel units and implementing this paragraph.
5. As a condition of the allocation of units from the Hotel Unit Pool 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 resort hotel which is a part of the Project shall provide a full
range of on and off site amenities for the guests of the resort,
including a full service restaurant, room service, valet parking,
exercise facilities, pool, and meeting areas and access to boating,
fishing and golf off- site. Off site amenities may be provided through
a concierge service.
b. The resort hotel which is a part of the Project shall be designed and
operated as a national or international "flag" or other comparable
marketing affiliation or program which will facilitate the repositioning
of Clearwater Beach as a national and international resort
destination.
c. Prior to the issuance of a certificate of occupancy for the resort
hotel which is a part of the Project, the Developer shall record a
covenant and restriction which is enforceable by the City,
substantially in accordance with Exhibit E, obligating the Developer
to develop, implement and operate, at all times when the resort
hotel is open, a Trip Generation Management Program which shall
include the provision of non-private automobile access to and from
the resort which shall include at least an airport shuttle and resort-
provided transportation to off-site amenities and attractions.
d. Prior to the issuance of a building permit authorizing the
construction of the resort hotel units, the. Developer shall record a
covenant and restriction which is enforceable by the City,
substantially in accordance with Exhibit F, that obligates the
Developer to close and vacate all persons (except for emergency
personnel required to secure and protect the facilities) from the
resort hotel within twelve (12) hours after the issuance of a
hurricane watch by the National Hurricane Center which includes
Clearwater Beach.
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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 hereunder, 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 its good
faith reasonable 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.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
1. Land Use Desionation. The Project Site is designated Tourist
District in the City's land Development Regulations.
2. Amendments to Comprehensive Plan & Land Development
Reoulations. 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. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants
to Developer from the Hotel Unit Pool an additional two hundred
nine (209) hotel units to the Project Site in accordance with
applicable law. The allocation of additional hotel units from the
Hotel Pool shall expire and be of no further force and effect unless
the Commencement Date occurs on or before March 6, 2006.
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 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,
subject to the provisions of Section 5.05(5). 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
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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.
Schedule. A Project Development Schedule is attached to this Agreement
as Exhibit 0 that identifies specific tasks to be completed through the
entire Project. Failure to accomplish the tasks in the time frames
referenced herein shall not in and of itself result in a default pursuant to
this Agreement.
o
3.
City Cooperation and Assistance. The City shall cooperate with the
Developer in obtaining all necessary Permits required for the construction,
completion and opening for business of the Project. 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.
4.
City Authority Preserved. The City's duties, obligations, or responsibilities
under any section of this Agreement, specifically including, but not limited
to, this Section 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.
5.
Impact Fees. The City shall use its best efforts to secure or provide any
lawfully available credits against impact fees applicable to the Project
which are authorized under existing laws and regulations for public
improvements constructed and paid for by the Developer. In the event that
the City is unable to secure a credit against any impact fees, the City shall
use its best efforts, within the limits of the applicable law, to allocate
impact fees collected from the Developer to the public improvements
which are described in Exhibit H to this Agreement or other improvements
in the immediate vicinity of the Project Site.
6.
Commencement of South Gulfview Construction. Developer shall notify
the City sixty (60) days prior to commencement of South Gulfview
pavement removal.
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3.03. Concurrency.
1. Concurrencv Reouired. The parties hereto recognize and
acknowledge that Florida law (specifically, Part II, Chapter 163,
Florida Statutes, 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 of this 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 March 6, 2006
and that such period shall be automatically extended for an
additional three (3) years if the Developer commences construction
by March 6, 2006. The City recognizes and acknowledges that the
Developer will rely upon such reservation in proceeding with the
Project.
3. Reouired 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. Responsibilitv for Preparation of Plans and Specifications. 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
cause such professionals to prepare the Plans and Specifications.
3. Approval of Plans and Specifications for the Parkino Spaces Which
Are To Be Available to the Public. In order to ensure that the
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design of the parking spaces which are to be available to the public
will achieve the City's parpose in making parking available on
Clearwater Beach, the Plans and Specifications for the Project shall
be submitted to the City for review and comment prior to the
submission of any application for a building permit, other than a
foundation permit. The City agrees to diligently proceed with and
complete its review of the Plans and Specifications, and respond to
the Developer as soon as reasonably possible after receipt thereof
and advise the Developer in writing of the City's comments and
objections, if any, thereto. The City shall notify the Developer in
writing within thirty (30) days of receipt that the Plans and
Specifications have or have not been approved, and in the case of
disapproval, the specific reason(s) for such disapproval. If the Plans
and Specifications submitted to the City by the Developer
substantially comply with this Agreement and further the purposes
of the Comprehensive Plan, the City shall approve the Plans and
Specifications as submitted.
ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. The Developer is the owner of certain parcels
of land within the Project Site which are more particularly described in Exhibit A
to this Agreement ("Controlled Property").
5.02. Project Site. The Project Site consists of those properties located in an
area which is bounded by the western right-of-way of Coronado Street, on the
north by the southern boundary of a parcel of land generally known as the
Golden Sands Motel property, on the south by the northern boundary of a parcel
of land generally known as the "Legends" property, and on the west by the
centerline of South Gulfview as more particularly illustrated in Exhibit C.
5.03. City's Option to Purchase.
1. Parkino in the Proiect. At any time within five (5) years after the
issuance of a certificate of occupancy for the parking spaces within
the Project which are to be available to the public, in the event that
the City determines that the parking rates charged by the
Developer for the parking spaces which are available to the public
are unreasonable, which for the purposes of this Paragraph shall
be two and thirty five one hundredths (2.35) times the parking rate
necessary to cover debt service required to publicly construct a
comparable parking space, the City shall have the option to
purchase the parking spaces which are to be available to the public
from the Developer, in the form of a condominium ownership, at the
fair market value of the spaces at the time the City exercises its
option. If requested by the City, the Developer will endeavor to
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segregate the spaces to be conveyed to the City through the
imposition of a condominium regime. The fair market value of the
parking spaces shall be determined by appraisal of the property
pursuant to the appraisal instructions attached hereto as Exhibit I.
The appraisals shall be conducted by two (2) appraisers retained
by the City. One of the appraisers shall be selected from a list of
qualified appraisers submitted to the City by the Developer. In the
event that the two (2) appraisals are within twenty percent (20%) of
each other, the fair market value shall be the average of the two (2)
appraisals. In the event that the appraisals differ by more than
twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers,
including the list submitted by the Developer, and the third
appraiser shall select among the two (2) appraisals which in the
opinion of the third appraiser most accurately represents the fair
market value of the parking spaces.
2. Proiect Site. In the event the Developer fails to commence
construction by March 6, 2006, at Developer's request the City
agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed
$6,000,000. The fair market value shall be established by an
appraisal process. The appraiser shall be directed to establish the
value of the property assuming Third Street and South Gulfview
Drive are not vacated and disregarding the additional development
rights (209 hotel units) provided in the Development Agreement.
The appraisal of the Project Site shall reflect the higher of: (i) the
highest and best use of such property at the time of appraisal, or (ii)
the value of the Project Site with existing buildings and existing
sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (Le. as existing in 2002, before
demolition, but valued at the time of the appraisal in 2006). The
appraisals shall be conducted by two (2) appraisers retained by the
City. One of the appraisers shall be selected from a list of qualified
appraisers submitted to the City by the Developer. In the event that
the two (2) appraisals are within twenty percent (20%) of each
other, the fair market value shall be the average of the two (2)
appraisals. In the event that the appraisals differ by more than
twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers,
including the list submitted by the Developer, and the third
appraiser shall select among the two (2) appraisals which in the
opinion of the third appraiser most accurately represents the fair
market value of the property.
5.04. City's Obligations.
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1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of
the South Gulfview and Beach Walk Improvements. The City
further agrees to complete construction in accordance with the
schedule attached hereto as Exhibit M. The City's utilization of the
construction schedule in Exhibit M is dependent upon payment by
Developer of Developer's Pro Rata Share (defined herein) and the
Accelerated Construction Payment (defined herein) to the City prior
to the City awarding the construction bid.
2. Vacation of Riohts-of-Wav. The City Council has adopted an
ordinance vacating the right- of-way of 3rd Street between
Coronado Avenue and the centerline of the existing right-of-way of
South Gulfview Drive and the eastern half of the existing right-of-
way of South Gulfview Drive included within the Project Site, as
depicted on Exhibit H. The vacation is conditioned on the
construction of the Project. The Council shall consider adoption of
ordinances amending the vacation ordinances to be effective upon
commencement of construction of the project and to further amend
the ordinances to be consistent with the terms of this Agreement.
The City hereby acknowledges that Developer and Developer's
lender are relying on the City's vacation as described herein.
Developer and Developer's Lender acknowledge that the granting
of such vacation is discretionary by the City Council.
3. Parkino Garaoe. In the event that the City exercises its option to
purchase public parking spaces as provided in Section 5.03 of this
Agreement, not less than forty percent (40%) of the parking.spaces
located on the first two levels of the garage shall be designated as
public spaces and such spaces to be conveyed shall be located in
discrete areas which are reasonably accessible to the point or
points of access to the beach. Such conveyance shall be subject to
covenants and restrictions affecting the property that impose
reasonable operating standards with regard to the parking garage
that are compatible with the Hotel and the standards set forth in this
Agreement, however, in no event shall such standards
unreasonably impair the operation and maintenance of the property
as a public parking garage.
4. 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.
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5. Authority for Cafe Seatino. 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; provided
that such activities shall not interfere with the use of the west half of
the thirty-five (35) feet of the existing right-of- way of South
Gulfview Drive for pedestrian and vehicular movement in
accordance with the provisions of Beach by Design, including the
intra-beach transit system proposed in Beach by Design.
6. Garaoe Access Improvement Approval. The City shall grant the
Developer the authority to construct the Garage Access
Improvements and associated pedestrian facilities extending from
the Project Site across the re-aligned South Gulfview Drive to
public land, as shown on Exhibit H 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.
7 Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline
of South Gulfview Drive, adjacent to the Project site, subject to any
existing franchise or concession rights and compliance with all
requirements of the City Code, and subject to a long term license
agreement to be approved by the City, substantially in the form as
Exhibit K. The license agreement shall be for a term of 50 years,
commencing on the date the facilities are available for use, and be
subject to a right of termination by the City for an uncured breach of
a material obligation by the Developer. Such concessions may
include a facility open to the public which provides towels, lockers,
minimal beach sundries, and other beach gear required to operate
a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. Such facilities shall be built into the
beach landing portion of the pedestrian overpass, as more
particularly depicted on Exhibit H. Notwithstanding the foregoing, in
regard to beach chairs, lounges, umbrellas, side tables and the
level of services associated with the provision thereof ("Beach
Concessions"), the City shall retain the right to utilize a
concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach
Concessions which comply with the standards set out on Exhibit L,
attached hereto and made a part hereof. If the City's franchisee
fails to comply with the standards in Exhibit L Developer may send
written notice to the City specifying the non-compliance, after which
the City has thirty (30) days to cure said non-compliance. In the
event that the non-compliance is not cured within thirty (30) days,
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the City agrees that the Developer may thereafter provide the
Beach Concessions and shall retain all income derived therefrom.
If the Developer assumes control of the Beach Concessions, and
the City receives documented complaints that the. Beach
Concessions are being denied to non-hotel guests, or if Developer
fails to comply with the standards set out in Exhibit L, the City may
send written notice to Developer specifying the non-compliance. In
the event that the non-compliance is not cured within thirty (30)
days, the City may take back the Beach Concessions.
8. Approval of Plans and Specifications for the South Gulfview and
Beach Walk Improvements. The City shall prepare Plans and
Specifications for the South Gulfview and Beach Walk
Improvements. The City shall provide drafts of such plans to the
Developer for review and comment. The City shall consider the
Developer's comments and recommended changes in the Plans.
9. Timelv Completion. The City recognizes the public importance of
the timely completion of the proposed Project, and time is deemed
to be of the essence. The City considers this Agreement as overall
authority for the Developer to proceed to permit, and agrees to
implement a fast-track review, permitting, and inspection program
for this Project.
10. Additional Public Parkina. The City agrees that the City will not use
public funds to provide more than three hundred (300) additional
parking spaces (net increase in the number of spaces above the
number of public parking spaces in existence on the effective date
of this Agreement) which are available for use by the public within a
radius of a quarter-mile of the Project Site for a period of five (5)
years after the issuance of a certificate of occupancy for the
Project, unless otherwise agree to by the Parties.
11. Garaae Access Improvements. The Developer shall be responsible
for the design construction and funding of the Garage Access
Improvements, subject to the following reimbursements:
a. The City shall make an amount available equal to fifty
percent (50%) of the net increase in municipal ad valorem
taxes provided by the Project above the ad valorem taxes
generated by the improvements existing on the Project Site
on March 1, 2001, to repay the costs of design and
construction of the Garage Access Improvements, for a
period of time not to exceed twenty five (25 years).
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b. The City shall make an amount available equal to fifty (50%)
percent of the net increase in the utility tax provided by the
Project above the utility taxes generated by the
improvements existing on the Project Site in the twelve (12)
months preceding March 1, 2001, as documented by the
Developer, to repay the costs of design and construction of
the Garage Access Improvements, for a period of time not to
exceed twenty five (25) years. In the event that the
Developer fails, for any reason, to document the annual
utility taxes paid by the owners of the existing improvements
on the Project Site in the twelve (12) months preceding
March 1, 2001, the incremental utility tax which is to be
made available to the Developer shall be the increase in
utility taxes above the amount of annual utility taxes paid by
the Developer during any consecutive twelve (12) month
period during which the Beach Place and Glass House
Motels were open and operational, but no earlier than the
twelve (12) months prior to March 1, 2001. In the event that
the Developer fails, for any reason, to document the above
referenced annual utility taxes, the incremental utility tax
which is to be made available to the Developer shall be the
increase in utility taxes above the amount of annual utility
taxes paid by the Developer during the first year of operation
of the Project, which amount shall be provided to the City
within thirty (30) days after the end of the first year of
operation.
c. The City shall make an amount available equal to the
operating income for the thirty two (32) new parking spaces
created as part of the Beach Walk Improvements to repay
the costs of design and construction of the Garage Access
Improvements, for a period of time not to exceed twenty five
(25) years.
5.05. Obligations of the Developer.
1 Resort Hotel and ParkinQ Garaae Proiect. The Developer shall
build and operate a two hundred and fifty (250) room resort hotel to
be operated as a Hyatt resort or by an operator other than Hyatt
who meets the standards set forth for the hotel operator in Exhibit N
Minimum Quality Standards, together with a parking garage
containing at least seven hundred and fifty (750) parking spaces
and eighteen (18) residential units. The parking spaces shall be no
narrower than nine (9) feet and no shorter than eighteen (18) feet,
and no two-way aisle shall be less than twenty five (25) feet in
width.
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The City agrees that Hyatt Corporation is an operator of hotels
under a national brand that is generally regarded as operating
hotels at a standard regarded as being higher that the minimum
standard required of a AAA three diamond or a Mobil 3 star hotel.
2 Responsibility for On-Site Costs. The Developer shall be
responsible for all on-site costs relative to the development of the
Project, including the parking spaces which are required to be open
to the pu blic.
3 Parkino. The Developer agrees to make at least four hundred (400)
parking spaces within the Project available to the general public
within the parking garage. The Developer may charge the public for
use of the parking spaces which are available to the general public
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.
4 Garaoe Access Improvements. The Developer shall be responsible
for the design, construction and funding of the Garage Access
Improvements
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair
share of the South Gulfview and Beach Walk Improvements
as described in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of
the cost of the South Gulfview and Beach Walk
Improvements, which shall be equal to the net cost of the
South Gulfview and Beach Walk Improvements multiplied by
a fraction in which the front footage of the Project Site is the
numerator and the total frontage along South Gulfview and
Beach Walk Improvements is the denominator.
SPR = (F PRoJlF SGBW) x (CSGBW)
SPR = Pro Rata Share
FpROJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulfview
and Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
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Second Amended Development Agreement
ADOPTED
Page 17
The City has determined that the Developer's pro rata share
is One Million One Hundred Ninety Thousand . Dollars
($1,190,000.00) ("Developer's Pro Rata Share"). In addition,
Developer agrees to pay the City an additional Two Hundred
Eighty Thousand Dollars ($280,000.00) in exchange for the
City's agreement to utilize the specific construction schedule
attached hereto as Exhibit M ("Accelerated Construction
Payment"). The City's utilization of the construction schedule
in Exhibit M is dependent upon payment of Developer's Pro
Rata Share and the Acceleration Construction Payment to
the City prior to the City awarding the construction bid. The
City agrees to utilize best efforts to meet the construction
schedule specified in Exhibit M recognizing that time is of the
essence. If Developer's Pro Rata Share and Accelerated
Construction Payments are not made by April 1, 2005, the
amount due will be increased each month by the
Construction Cost Index as published monthly by the U.S.
Dept. of Commerce. Such pro rata share shall be paid prior
to issuance of the foundation permit for the project.
c. In the event that any property which fronts on
the South Gulfview and Beach Walk
I mprovements is proposed for redevelopment
using the pool of additional resort units
established pursuant to Beach by Design, the
developer of such property shall be required to
pay to the City a pro rata share of the cost of
the South Gulfview and Beach Walk
Improvements as a condition of development
approval.
6. Covenant of Unified Use. The Developer hereby agrees to execute
the covenant of unified use and development for the Project Site, in
form of Exhibit J attached hereto, providing that the Project Site
shall be developed as a single project and operated and used, as a
unified mixed use project, provided however, that nothing shall
preclude the Developer from selling all or a portion of the Project
Site or the improvements constructed thereon in a condominium or
other form of ownership.
7. Proiect Obliaations. The Developer agrees to carry out the
redevelopment of the Project Site by completing the purchase of all
of the Project Site, preparing project plans and specifications,
obtaining approvals by governmental authorities necessary for
development of the Project, constructing various private
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Second Amended Development Agreement
ADOPTED
Page 18
improvements on the Project Site and operating the Project as a
unified and integrated project. The Developer shall take all. actions
necessary to maintain control of the Project Site, until a certificate
of occupancy is issued by the City.
8. Dedication of Rioht-of-Wav. Prior to the issuance of a building
permit, other than a foundation permit, authorizing the construction
of the resort hotel units, 'the Developer shall dedicate ten (10) feet
along the entire eastern boundary of the Project Site, including any
land previously included within the right-of-way of Third Street to
the City as additional right-of-way for Coronado Avenue.
9. Commencement of Construction. The Developer shall commence
construction of the Project by March, 2006, and shall thereafter
diligently pursue completion of the Project.
ARTICLE 6. PROJECT FINANCING.
6.01. Notice of Project Financing to City. As soon as the Developer shall
have obtained any financing for any portion of the Project, the Developer
shall provide the City with a sworn statement identifying the Project
Lender(s) and documenting the type of financing that the Project
Lender(s) has issued in favor of the Developer for the Project.
6.02. Copy of Default Notice to City. The Developer covenants and agrees
that any Project Construction Financing documents shall include
provisions which provide that in the event any Project Financing shall
become due and payable by maturity or acceleration, the Project Lender
shall give written notice thereof to the City by certified mail, return receipt
requested. Such notice from the Project Lender to the City shall state the
basis of the default by the Developer and shall include copies of any
pleadings in any proceeding instituted by the Project Lender(s) incident
thereto. .
6.03. City Option to Pay Mortgage Debt or Purchase Project Following
Commencement of Construction of Project.
1. Assionment of Mortoaae. Any mortgage instrument pertaining to
any portion of the Project Site in effect prior to issuance of the
Construction Completion Certificate for such portion of the Project
Site shall provide that following a failure of the Developer to repay
any Project Financing which shall become due and payable by
maturity or acceleration, the City is entitled, upon giving reasonable
written 'notice to the Developer, the Project Lender(s) and any other
holder of such a mortgage, to an assignment of the mortgage
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Second Amended Development Agreement
ADOPTED
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securing the Construction Financing by paying to the Project
Lender an amount of money not to exceed a sum equal to the
amount of money advanced by the Project Lender(s) to the
Developer with respect to the Project Site, together with unpaid
accrued interest on such amount, prepayment penalties, and all
other accrued charges of the Project Lender(s) (including, without
limitation, reasonable attorneys' fees incurred as a result of a
default by the Developer under the Project Construction Financing).
6.04 Assignment of Rights. Under Agreement To Project Lender.
Developer may assign to the Project Lender all its right, title and interest
under this Agreement as security for any indebtedness of Developer. The
execution of any assignment, security agreement, or other instrument, or
the foreclosure of the instrument or any sale under the instrument, either
by judicial proceedings or by virtue of any power reserved in the mortgage
or deed of trust, or conveyance in lieu of foreclosure by Developer to the
holder of such indebtedness, or the existence of any right, power, or
privilege reserved in any instrument, shall not be held as a violation of any
of the terms or conditions of this Agreement, or as an assumption by the
holder of such indebtedness personally of the obligations of this
Agreement. No such assignment, foreclosure, conveyance or exercise of
right shall relieve Developer from its liability under this Agreement.
6.05 Notice to Project Lender. If Developer shall encumber its interests
under this Agreement, and if Developer or the holder of the indebtedness
secured by the assignment shall give notice to City of the existence of the
assignment and the address of the holder, then City will mail or deliver to
the Project Lender, a duplicate copy of all notices in writing which City
may, from time to time, give to or serve on Developer under and pursuant
to the terms and provisions of this Agreement. Copies shall be mailed or
delivered to the holder at, or as near as possible to, the same time the
notices are given to or served on Developer. The Project Lender may, at
its option, at any time before the rights of Developer shall be terminated as
provided in this Agreement, do any act or thing that may be necessary and
proper to be done in the observance of the covenants and conditions of
this Agreement or to prevent the termination of this Agreement. All
payments so made and all things so done and performed by the Project
Lender shall be as effective to prevent a forfeiture of the rights of
Developer under this Agreement as they would have been if done and
performed by Developer.
6.06 Consent of Project Lender. This Agreement cannot be amended,
canceled, or surrendered by the Developer without the consent of the
Project Lender.
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ADOPTED
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6.07 Estoppel Certificates. The City agrees at any time and from time to time
upon not less than ten (10) days prior written request by the Developer to
execute, acknowledge, and deliver to any Project Lender a statement in
writing certifying that this Agreement is unmodified and in full force and
effect (or if there have been modifications), being intended that any such
statement delivered pursuant to this Article 6 may be relied upon by the
Project lender.
6.08 Cooperation. The City and the Developer shall cooperate as to
reasonable requests for assurances any proposed Project Lender for the
purpose of implementing the mortgagee protection provisions contained in
this Agreement and allowing the Project lender reasonable means to
protect or preserve the liens of such Project lender upon the occurrence
of a default under the terms of this Agreement.
6.9 Reinstatement by Project Lender. If this Agreement is terminated by
reason of the happening of any event of default, and after any notice and
cure period provided, City shall give prompt notice of this right to reinstate
to the Project Lender, which right to reinstate shall be for a period of ninety
(90) days. However, the Project lender shall not have any personal
liability for performance of the Developer's obligations under this
Agreement unless and until the Project Lender acquires title to the Project
Site and expressly assumes such liability.
6.10 New Agreement. City shall, on written request of a Project Lender which
has acquired title to the Project Site by foreclosure or deed in lieu of
foreclosure, enter into a new Agreement with such Project Lender, or its
designee, within twenty (20) days after receipt of such request, which new
agreement shall be effective as of the date of such termination of this
Agreement for the remainder of the term of this Agreement and upon the
same terms, covenants, conditions and agreements as are contained in
this Agreement, provided that the Project Lender or its designee shall:
1. Pay to City at the time of the execution and delivery of said new
agreement any and all sums which would have been due under this
Agreement from the date of termination of this Agreement (had this
Agreement not been terminated) to and including the date of the
execution and delivery of said new agreement, together with all
expenses, including but not limited to, attorneys' fees (for trials and
appeals) in a reasonable amount incurred by City in connection
with the termination of this Agreement and with the execution and
delivery of the new agreement, and
2. On or prior to the execution and delivery of said new agreement
agree in writing that promptly following the delivery of such new
agreement, such Project Lender or its designee will perform or
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Second Amended Development Agreement
ADOPTED
Page 21
cause to be performed all of the other covenants and agreements
in this Agreement on Developer's part to be performed to the extent
that Developer shall have failed to perform the same to the date of
delivery of such new agreement.
6.11 Transfer of New Agreement. The Project Lender shall have the right to
assign or transfer the new agreement to any person or entity without the
City's consent so long as the new agreement is in good standing and
Project Lender is current in obligations owed to the City. Notwithstanding
the foregoing, any Project Lender that is assigning the new agreement
and the estate created thereby shall provide to the City notice of
assignment and shall cause to be executed and delivered in a form
reasonably acceptable to the City an assumption agreement from the
assignee pursuant to which said assignee assumes the duties,
obligations, covenants, conditions and restrictions of the new agreement.
Upon such assignment and assumption by the assignee, the assignor
shall be released of all liability under the new agreement and, upon
request of the assignor, the City shall execute and deliver to the assignor
a release agreement in a form reasonably acceptable to the assignor
evidencing such release of the assignor from any liability under the new
agreement.
6.12 Survival. The provisions of this Article 6 shall survive the termination of
this Agreement and shall continue in full force and effect thereafter to the
same extent as if Article 6 were a separate and independent contract
made by the City, the Developer and the Project Lender.
ARTICLE 7. CONSTRUCTION OF GARAGE ACCESS IMPROVEMENTS.
7.01. Site Work. The Developer shall be responsible for all site investigation,
environmental testing, demolition and site clearing in regard to the construction of
the Garage Access Improvements.
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence
construction by March 2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction"
means commencement of meaningful physical development
of that part of the Project as authorized by the Building
Permit therefor which is continued and diligently prosecuted
toward completion of that part of the Project.
TPA:340249:9
Second Amended Development Agreement
ADOPTED
Page 22
In
!
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvem~nts, shall be subject to delays and extensions
from time to time for Unavoidable Delay (see Article 15).
The Developer shall not be deemed to be in default of this
Agreement to the 'extent construction of the Project, or a part
thereof, is not complete by reason of Unavoidable Delay.
2. Pursuit of Construction. After the Commencement Date, the
Developer shall continue, pursue and prosecute the construction of
the Garage Access Improvements with due diligence to completion,
and shall not at any time actually or effectively have abandoned (or
its Contractor having actually or effectively abandoned) the work.
For purposes of this subsection (b), "abandoned" means to have
ceased any construction work which effectively advances the
construction of the work toward completion, including removing all
or substantially all of the construction work force from the site of the
Garage Access Improvements.
3. Payment of Contractors and SUDDliers. The Developer shall
promptly pay, or arrange to be paid, all moneys due and legally
owing to all persons or organizations doing any work or furnishing
any materials, fuel, machinery or supplies to the Developer or any
Contractors in connection with construction of any part of the
Garage Access Improvements.
4. Maintenance of Construction Site. During the construction of the
Garage Access Improvements, the Developer shall, at its own
expense, keep the site of the Garage Access Improvements in
good and clean order and condition, and the Developer shall
promptly make all necessary or appropriate repairs, replacements
and renewals thereof, structural or nonstructural, ordinary or
extraordinary, foreseen or unforeseen. All repairs, replacements
and renewals shall be equal in quality and class to the original
work. When making such repairs, replacements or renewals, the
Developer shall comply with all laws, ordinances, codes and
regulations then applicable to that part of the Garage Access
Improvements. The Developer shall have the right, after written
notice to the City, to contest by appropriate legal proceedings
conducted in good faith, the validity or applicability of any such law,
ordinance, code or regulation, and to delay compliance therewith
pending the prosecution of such proceeding, provided that such
contest shall be in accordance with the Right to Contest provisions
of Article 13.
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Second Amended Development Agreement
ADOPTED
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7.03 Construction Completion Certificate.
1. For purposes of this Section 7.03, "completion, "complete,"
"substantially complete" or "substantial completion" means,. with
respect to construction of the Garage Access I mprovements, shall
be the acceptance of the Garage Access Improvements by the City.
2. Upon the substantial completion of the construction of the Garage
Access Improvements in accordance with the provisions of the
Plans and Specifications, the Developer shall prepare and execute
the Construction Completion Certificate, which shall then be
delivered to the City. Upon receipt of the certificate, the City shall
promptly and diligently proceed to determine if construction of the
Project has been completed substantially in accordance with the
Plans and Specifications and this Agreement. Upon making such a
determination, the City shall execute the certificate and return it to
the Developer. The date of the Construction Completion Certificate
shall be the date when all parties shall have executed said
certificate.
3. The Construction Completion Certificate shall constitute a
conclusive determination by the parties hereto of the satisfaction
and termination of the obligations of the Developer hereunder to
construct the Garage Access Improvements described in the
certificate; provided, however, that nothing in this Section shall be a
waiver of the rights, duties, obligations or responsibilities of the City
or any other governmental entity acting in its regulatory or
governmental capacity or an approval of said construction.
4. If the City shall refuse or fail to execute the Construction
Completion Certificate after receipt of a request by the Developer to
do so, then the City shall, within ten (10) days after its receipt of
such request, provide the Developer with a written statement
setting forth in reasonable detail the reason(s) why the City has not
executed the Construction Completion Certificate and what must be
done by the Developer to satisfy such objections so that the City
would sign the certificate. Upon the Developer satisfying the City's
objections, then the Developer shall submit a new request to the
City for execution of the Construction Completion Certificate and
that request shall be considered and acted upon in accordance with
the procedures in this Section for the original request.
5. If the City refuses to execute the certificate and the Developer does
not agree with the objections set forth in the City's statement, then
the Developer may invoke the arbitration procedures set forth in
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Second Amended Development Agreement
ADOPTED
Page 24
Article 14 hereof for the purpose of determining if the prerequisites
for execution by all parties of the Construction Completion
Certificate have been met, and if not, what actions must be taken to
satisfy such prerequisites.
6. The Construction Completion Certificate shall be in a form sufficient
to be recorded in the public records of Pinellas County, Florida.
After execution by the City, it shall be promptly returned to the
Developer who shall record the certificate in the public records of
Pinellas County, Florida, and pay the cost of such recording.
7.04 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.
7.05 Construction Sequencing and Staging Area. Subject to the limitations
caused by the City's construction of the Beach Walk Improvements, the
Developer shall construct the Garage Access I mprovements in a manner and
fashion which will minimize the inconvenience of the construction on the property
owners of Clearwater Beach and the. residents of the City.
ARTICLE a.INDEMNIFICATION.
a.01. Indemnification by the Developer.
1. The Developer agrees to indemnify, defend and hold harmless, the
City, its respective agents, officers, or employees from any and all
liabilities, damages, penalties, judgments, claims, demands, costs,
losses, expenses or attorneys' fees through appellate proceedings,
for personal injury, bodily injury, death or property damage arising
out of, or by reason of any act or omission of the Developer, its
agents, employees or contractors arising out of, in connection with
or by reason of, the performance of any and all services covered by
this Agreement, or which are alleged to have arisen out of, in
connection with or by reason of, the performance of any, and all
services covered by this Agreement, or which are alleged to have
arisen out of, in connection with, or by reason of, the performance
of such services.
2. The Developer shall indemnify, defend and hold harmless the City,
its officers and employees from any and all liabilities, damages,
costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and engineering
fees) arising from or attributable to any breach by the Developer, as
the case may be, of any representations or warranties contained in
Section 9.01, or covenants contained in Section 9.02.
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Second Amended Development Agreement
ADOPTED
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3. The Developer's indemnity obligations under subsections (1) and
(2) of this Section shall survive the earlier of the Termination Date
or the Expiration Date, but shall apply only to occurrences, acts, or
omissions that arise on or before the earlier of the Termination Date
or the Expiration Date.
4. The Developer's indemnity hereunder is in addition to and not
limited by any insurance policy and is not and shall not be
interpreted as an insuring agreement between or among the parties
to this Agreement, nor as a waiver of sovereign immunity for any
party entitled to assert the defense of sovereign immunity.
8.02. Indemnification by the City.
1. To the extent permitted by law, the City agrees to indemnify, defend
and hold harmless, the Developer, its respective officers, and
employees from any and all liabilities, damages, penalties,
judgments, claims, demands, costs, losses, expenses or attorneys'
fees through appellate proceedings, for personal injury, bodily
injury, death or property damage arising out of, or by reason of, any
act or omission of the City, its respective agents or employees
arising out of, in connection with or by reason of, the performance
of any and all services covered by this Agreement, or which are
alleged to have arisen out of, in connection with or by reason of, the
performance of any and all services covered by this Agreement, or
which are alleged to have arisen out of, in connection with, or by
reason of, the performance of such services.
2. The City shall indemnify, defend and hold harmless the Developer,
its officers and employees from any and all liabilities, damages,
costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and engineering
fees) arising from or attributable to any breach by the City, as the
case may be, of any representations or warranties contained in
Section 10.01, or covenants contained in Section 10.02.
3. The City's indemnity obligations under this Section 10.02 shall
survive the earlier of the Termination Date or the Expiration Date,
but shall only apply to occurrences, acts or omissions that arise on
or before the earlier of the Termination Date or the Expiration Date.
The City's indemnity hereunder is not and shall not be interpreted
as an insuring agreement between or among the parties to this
Agreement, but is in addition to and not limited by any insurance
policy provided that said obligation shall not be greater than that
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Second Amended Development Agreement
ADOPTED
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permitted and shall be limited by the provisions of Section 768.28,
Florida Statutes, or any successor statute thereto.
8.03. Limitation of Indemnification. Notwithstanding anything to the contrary
contained herein, with respect to the indemnification obligations of the Developer
(as set forth in Section 8.01) and the City (as set forth in Section 8.02), the
following shall apply:
1. The indemnifying party shall not be responsible for damages that
could have been, but were not, mitigated by the indemnified party;
2. The indemnifying party shall not be responsible for that portion of
any damages caused by the negligent or willful acts or omissions of
the indemnified party; and
3. There shall be no obligation to indemnify hereunder in the event
that the indemnified party (1) shall have effected a settlement of
any claim without the prior written consent of the indemnifying
party, or (2) shall not have subrogated the indemnifying party to the
indemnified party's rights against any third party by an assignment
to the indemnifying party of any cause or action against such third
party.
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. The Developer is a Florida Limited Liability Company 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
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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 Developer,
(iii) contravenes or results in any breach of, default under or, other
than as contemplated by this Agreement, 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, 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 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 shareholder, officer, employee or agent of the 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 financial information and other documentation, including that
pertaining to the Project or the Developer, delivered by the
Developer to the City was, on the date of delivery thereof, true and
correct.
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7. The principal place of business and principal executive offices of
the Developer is in Tampa, Florida, and the Developer will keep
records concerning the Project (such as construction contracts,
financing documents and corporate documents) and all contracts,
licenses and similar rights relating thereto at an office in Pinellas or
Hillsborough Counties.
8. As of the 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.
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.
10. The Developer is the holder of fee simple title to the Project Site
with the exception of the property to be vacated.
9.02. Covenants. The Developer covenants with the City that until the earlier of
the Termination Date 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 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 of the Project by the Developer in
accordance with the Plan 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
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Developer's financial capability to successfully and completely
develop, construct and complete the Project as contemplated
hereby.
5. The Developer shall promptly cause to be filed when due all
federal, state, local and foreign tax returns required to be filed by it,
and shall promptly pay when due any tax required thereby.
6. Subject to Section 18.01, the Developer shall maintain its
existence, will not dissolve or substantially dissolve all of its assets
and will not consolidate with or merge into another corporation,
limited partnership, or other entity or permit one or more other
corporations or other entity to consolidate with or merge into it
without the prior approval of the City unless the Developer retains a
controlling interest in the consolidated or merged corporation, and
will promptly notify the City of any changes to the existence or form
of the corporation or any change in the controlling shareholders,
officers or directors of the Developer.
7. Other than sales and assignments contemplated by this
Agreement, the Developer shall not sell, lease, transfer or
otherwise dispose of all or substantially all its assets without
adequate consideration and will otherwise take no action which
shall have the effect, singularly or in the aggregate, of rendering the
Developer unable to continue to observe and perform the
covenants, agreements, and conditions hereof and the
performance of all other obligations required by this Agreement.
8. Except for the removal of any structures, plants, items or other
things from the Project Site necessary for construction of the
Project to commence and continue, the Developer shall not permit,
commit, or suffer any waste or impairment of the Project or the
Project Site prior to the Completion Date.
9. Intentionally Deleted.
10. Provided all conditions precedent thereto have been satisfied or
waived as provided herein, the Developer shall design, construct
and complete the Project such that it is substantially complete as
provided in this Agreement no later than the Project Completion
Date.
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS
OF THE CITY.
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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.
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.
10.02. Covenants. The City covenants with the Developer that until the earlier of
the Termination Date or the Expiration Date:
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~---_._-_.- .
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 <?ccur those events contemplated by this Agreement that
are applicable to and are the responsibility of the 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.
5. The City shall maintain its financial capability to carry out its
responsibilities as contemplated by this Agreement and shall notify
the Developer 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 City's financial capability to
carry out its responsibilities contemplated hereby.
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. Construction of Project. Subject to termination of this Agreement
pursuant to Article 12, the obligation of the Developer to commence
construction of the Project on the Commencement Date is subject
to the fulfillment to the satisfaction of, or waiver in writing by, the
Developer of the following conditions:
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1. The Plans and Specifications that are necessary to commence
construction shall have been approved by the City, and the initial
Building Permit for the commencement of construction of that part
of the Project and all other Permits necessary for construction to
commence have been issued.
2. The vacation of rights-of-way as provided in Section 5.04(1) hereof.
11.02. Responsibilities of the Parties for Conditions Precedent. The parties
hereto shall not, individually or collectively, knowingly, intentionally or negligently
prevent any condition precedent from occurring; provided, however, nothing in
this Section is intended or shall be deemed to deny any party the right to
reasonably exercise its discretion to the extent permitted by law or this
Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to
the entire Project upon the occurrence of anyone or more of the following:
a. The Developer shall fail to perform or comply with any
material provision of this Agreement applicable to it within
the time prescribed therefor, after receipt of a notice from the
City pursuant to Paragraph 12.01 (2)(a); or
b. The Developer shall make a general assignment for the
benefit of its creditors, or shall admit in writing its inability to
pay its debts as they become due or shall file a petition in
bankruptcy, or shall be adjudicated a bankrupt or insolvent,
or shall file a petition seeking any reorganization,
arrangement, composition, readjustment, liquidation,
dissolution or similar relief under any present or future
statute, law or regulation or shall file an answer admitting, or
shall fail reasonably to contest, the material allegations of a
petition filed against it in any such proceeding, or shall seek
or consent to or acquiesce in the appointment of any trustee,
receiver or liquidator of the Developer or any material part of
such entity's properties; or
c. Within one hundred twenty (120) days after the
commencement of any proceeding by or against the
Developer seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar
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2.
relief under any present or future statute, law or regulation,
such proceeding shall not have been dismissed or otherwise
terminated, or if, within one hundred twenty (120) days after
the appointment without the consent or acquiescence of the
Developer of any trustee, receiver or liquidator of any of
such entities or of any material part of any of such entity's
properties, such appointment shall not have been vacated;
or
a.
If an event of default by the Developer described in
subsection (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 or such default is
not capable of cure or the Developer ceases its good faith
efforts to cure such default then, in addition to any remedy
available under Section 12.05, the City may terminate this
Agreement or pursue any and all legal or equitable remedies
to which the City is entitled.
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. Subject to the rights of the Project Lender, if the City elects under
Section 6.03 to cure a default under Subsection 12.01(1) by the
Developer, construction contracts, contract documents, building
permits, development permits, management agreements, and
financial commitments (all only to the extent assignable) with
respect to the Project shall, if such default has not been previously
cured, on the day following receipt by the Developer of notice from
the City of its election to cure under Section 6.03, be deemed then
assigned to the City making said election, without necessity of any
other action being taken or not taken by any party hereto. The
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Developer shall transfer and deliver to the City upon making said
election, all assignable Plans and Specifications, working drawings,
construction contracts, contract documents, financial commitments,
management agreements, and all Permits, and, at the direction of
the City, the defaulting the Developer shall vacate the Parcel(s).
4. Notwithstanding any provision of this Section, a default by the
Developer shall not affect the title of any condominium unit or
common area conveyed by the Developer to an unrelated third
party or to a condominium association which is not controlled by the
Developer.
12.02. Default by the City.
1. Provided the Developer is not then in default under Section 12.01,
there shall be an "event of default" by the City under this
Agreement in the event the City shall fail to perform or comply with
any material provision of this Agreement applicable to it; provided,
however, that suspension of or delay in performance by the City
during any period in which the Developer is in default of this
Agreement as provided in Section 12.01 hereof will not constitute
and event of default by the City under this Subsection 12.02.
2.
a.
If an event of default by the City described in 12.02(1) shall
occur, the Developer shall provide written notice thereof to
the City, and, after expiration of the curative period
described in paragraph (b) below, may terminate this
Agreement, institute an action to compel specific
performance of the terms hereof by the City or pun?ue any
and all legal or equitable remedies to which the Developer is
entitled; provided, however, if the event of default by the City
occurs, any monetary recovery by the Developer in any such
action shall be limited to bona fide third-party out-of-pocket
costs and expenses, including reasonable attorneys' fees,
incurred by the Developer in connection with this Agreement
and the transactions contemplated hereby, unless any such
default by the City was willful and committed in bad faith with
reckless disregard for the rights of the Developer.
c. Any attempt by the Developer to pursue any of the remedies
referred to in paragraphs (a) and (b) above 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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d. 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.
12.03. 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
their 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.
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The
failure of the 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.
12.05. Termination.
1. The Developer and the City acknowledge and agree that as of the
Effective Date certain matters mutually agreed by the parties hereto
to be essential to the successful development of the Project have
not been satisfied or are subject to certain conditions, legal
requirements or approvals beyond the control of any of the parties
hereto or which cannot be definitely resolved under this Agreement,
including, but not limited to, failure of a governmental authority to
grant an approval required for development of the Project or
insurable title to the Project Site has not been obtained. In
recognition of these events or conditions, the parties hereto
mutually agree that, provided the appropriate or responsible party
therefor diligently and in good faith seeks to the fullest extent of its
capabilities to cause such event or condition to occur or be
satisfied, the failure of the events or conditions listed in subsection
(2) below to occur or be satisfied shall not constitute an event of
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default by any party under this Article 12, but may, upon the
election of any party hereto, be the basis for a termination of this
Agreement in accordance with this Section.
2. In addition to any other rights of termination provided elsewhere in
this Agreement, this Agreement may be terminated as provided in
subsection (3) of this section by the Developer after the occurrence
of any of the following events or conditions:
a. The appropriate governmental authority (including the City in
exercise of its governmental and regulatory authority and
responsibility), upon petition by the Developer denies or fails
to: issue the necessary order or other action necessary,
vacate right-of-way as described in Section 5.03, issue the
Permits, issue the Building Permits, or approve any other
land use necessary to commence construction of the Project
on the Project Site, provided the Developer has proceeded
diligently, expeditiously and in good faith to obtain such
approval, permits or other necessary actions;
b. A previously unknown site condition is subsequently
discovered and that condition prevents successful
development of the Project, or part of the Project on the
Project Site, or part of the Project Site (in which case only
the Developer at his option can terminate the Project as not
feasible).
3. Upon the occurrence of an event described in subsection (2) or in
the event that the Developer or the City, after diligently and in good
faith to the fullest extent its capabilities, is unable to cause a
condition precedent to its respective obligations to occur or be
satisfied 1 then the Developer or the City may elect to terminate
this Agreement by giving a notice to the other party hereto within
thirty (30) days of the occurrence of such event or the
determination of inability to cause a condition precedent to occur or
be satisfied, stating its election to terminate this Agreement as a
result thereof, in which case this Agreement shall then terminate.
4. In the event of a termination pursuant to this Section 12.05, neither
the Developer nor the City shall be obligated or liable one to the
other in any way, financially or otherwise, for any claim or matter
arising from or as a result of this Agreement or any actions taken by
the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for its
own costs, however, the provisions of Sections 9.01 and 10.01
shall apply and shall survive termination of this Agreement, the
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provIsions of this Subsection 12.05(4) to the contrary
notwithstanding.
12.06. 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, 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
subject to any restrictions, limitations or encumbrances imposed by
this Agreement.
2. The certificate described in Subsection (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 Pinellas
County, Florida.
ARTICLE 13. RIGHT TO CONTEST.
13.01. Right to Contest. Subject to the conditions set forth in Section 13.02
below, the City or the Developer each may, at its sole discretion and
expense, after prior written notice to the other parties hereto, 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 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.
13.02. Conditions. The right to contest any charge, payment or requirement
pursuant to Section 13.01 is subject to the following:
1. Such proceeding shall suspend the execution or enforcement of
such charge, payment or requirement;
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2. Such proceeding will not create any risk of impairment of the
acquisition or preparation of the Project Site, the construction,
completion, operation or use of the Project, the Project Site, or any
part thereof, in any material respect, and neither the Project or
Project Site, nor any part of the Project or the Project Site, would be
subject to any risk of being involuntarily sold, forfeited or lost or the
acquisition of the Project Site or the construction, equipping, or
completion of the Project or any part thereof be delayed or
prohibited;
3. Such proceeding will not subject any other party to criminal liability
or risk of material civil liability for failure to comply therewith, or
involve risk of any material claim against such party; and
4. The party seeking the benefit of this Article shall have furnished to
the other parties such security, if any, as may be required in such
proceeding or as may be reasonably requested by the others, to
protect the Project and the Project Site, and any part thereof, and
any interest of such parties hereunder.
ARTICLE 14. ARBITRATION
14.01. 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.
14.02. Appointment of Arbitrators.
1. a.
Unless accelerated arbitration as provided in Section 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 following the expiration of
the time period for such dispute resolution occurrence of the
event permitting arbitration to be invoked, give written notice
to that effect to the other parties, and shall in such notice
appoint a disinterested person who is on the list of qualified
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arbitrators maintained by the American Arbitration
Association 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
paragraph (1), the other parties 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 subsection (a)
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 subsection (a), the first arbitrator shall, after ten
(10) days notice to the parties, proceed to determine such
matter.
c. If the two (2) arbitrators appointed by the parties pursuant to
subsection (a) 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, Florida Statutes,
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known and referred to as the Florida Arbitration Act, as
amended.
14.03. General Procedures. In any arbitration proceeding under this part, those
parties appointing arbitrators 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
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.
14.04. Majority Rule. In any arbitration proceeding under this part, the
determination of the majority of the 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 stating his
or their determination within thirty (30) days after the conclusion of the hearing or
final submission of all evidence or argument.
14.05. 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
Section 14.02 hereof.
14.06. 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.
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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.
14.07. 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 Section 14.07, "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.
14.08. Accelerated Arbitration.
1.
a.
If any 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 Section 14.02 hereof has been made,
either party to such proceeding may invoke accelerated
arbitration by giving notice thereof to the other parties no
later than three (3) days after arbitration has been initially
invoked and the other parties do not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Section 14.08,
shall be accomplished by either party notifying the American
Arbitration Association (or any successor organization
thereto) that the parties have agreed to a single arbitrator,
qualified to decide the matter for arbitration, to 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 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 paragraph (2) is received by the American
Arbitration Association, the accelerated proceeding under
this Section 14.08 shall terminate and the procedures
otherwise set forth in this Article 14 shall apply, unless the
parties mutually agree to an extension of such time period.
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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 Section 14.08, remain in effect and
applicable to an accelerated arbitration proceeding.
14.09. 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.
14.10. Arbitration Proceedings and Records. Any arbitration hearing under
this article shall be considered a meeting subject to Section 286.011,
Florida Statutes, 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 sole arbitrator or a panel
of arbitrators acting under this part), the record of such proceedings shall
be a public record under Chapter 119, Florida Statutes.
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. 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 paragraph (b) as an event of
"Unavoidable Delay" shall be excused in the manner provided in
this Section 15.01.
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 the 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, Florida Statutes,
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
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Second Amended Development Agreement
ADOPTED
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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 paragraph (c)
and in paragraph (d) as. the "Applicant") for an extension of time
pursuant to this subsection 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.
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date,
no use of the Project, other than as described in Section 2.03, shall be
permitted, other than the operation 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 Section. The Governing Body
of the City 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.
Unless specifically requested and approved, a release of the restriction
imposed by this Section shall not release the Developer from any
obligations or restrictions imposed by this Agreement or any agreement,
instrument or document contemplated hereby.
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION.
17.01. Loss or Damage to Project.
1. Until the Project Completion Date, and without regard to the extent
or availability of any insurance proceeds, the Developer covenants
and agrees to diligently commence and complete the reconstruction
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or repair of any loss or damage caused by fire or other casualty or if
the same is practicable and economically viable, by eminent
domain (provided the City is not the condemning authority) to each
and every part of the Project on a Parcel which it owns to
substantially the same size, floor area, cubic content and general
appearance as existed prior to the occurrence of such loss or
damage, promptly after the City approves the Plans and
Specifications for such reconstruction or repairs. The Developer
shall have sufficient time to adjust insurance claims and to obtain a
replacement construction loan if the original lender does not make
insurance proceeds available for rebuilding.
2. The City shall review the Plans and Specifications for such
reconstruction or repairs as soon as possible after filing thereof by
the Developer. The City agrees to approve the Plans and
Specifications for such reconstruction or repairs if the
reconstruction or repairs contemplated by such Plans and
Specifications will restore the Project, or the damaged portion
thereof, to substantially the same condition as existed prior to the
occurrence of such loss or damage and if such Plans and
Specifications conform to the applicable laws, ordinances, codes,
and regulations in effect at the time of filing with the City of the
plans and specifications for such reconstruction or repairs.
17.02. Partial Loss or Damage to Project. Until the Project Completion Date,
any loss or damage by fire or other casualty or exercise of eminent domain to the
Project or Project Site, or any portion thereof, which does not render the Project
or Project Site unusable for the use contemplated by Section 2.03 of this
Agreement, shall not operate to terminate this Agreement or to relieve or
discharge the Developer from the timely performance and fulfillment" of the
Developer's obligations pursuant to this Agreement, subject to an extension of
time for an Unavoidable Delay, which for this purpose shall include the time
necessary to adjust insurance claims and obtain a replacement construction loan
if the original lender does not make insurance proceeds available for rebuilding.
17.03. Project Insurance Proceeds.
1. Whenever the Project, or any part thereof, shall have been
damaged or destroyed, the Developer shall promptly make proof of
loss and shall proceed promptly to collect, or cause to be collected,
all valid claims which may have arisen against insurers or others
based upon such damage or destruction.
2. Subject to the rights of a Project Lender, the Developer agrees that
all proceeds of property or casualty insurance received by the
Developer as a result of such loss or damage shall be available and
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shall be used for payment of the costs of the reconstruction or
repair of the Project to the extent necessary to repair or reconstruct
the Project.
17.04. Notice of Loss or Damage to Project. The Developer shall promptly give
the City written notice of any significant damage or destruction to the Project
stating the date on which such damage or destruction occurred, the expectations
of the Developer. as to the effect of such damage or destruction on the use of the
Project, and the proposed schedule, if any, for repair or reconstruction of the
Project.
17.05. Condemnation of Project or Project Site; Application of Proceeds. In
the event that part, but not all, of the Project or Project Site, or both, shall be
taken by the exercise of the power of eminent domain at any time before the
Expiration Date, subject to the rights of a Project Lender, the compensation
awarded to and received by the Developer shall be applied first to the restoration
of the Project, provided the Project can be restored and be commercially feasible
for its intended use as contemplated by Section 2. 03( 1) of this Agreement after
the taking, and, if not, can be retained by the Developer.
17.06. Approvals. The provisions of this Article 17 shall be subject to (i) the
ability to obtain the approval of all property owners within the project whose
approval is required, (ii) any lender whose approval is required, as well as (iii)
having received adequate proceeds of insurance to fund redevelopment.
ARTICLE 18. MISCELLANEOUS
18.01. Assignments.
1. Bv the Developer.
a. Prior to the Commencement Date, the Developer may sell,
convey, assign or otherwise dispose of any or all of its right,
title, interest and obligations in and to the Project, or any part
thereof, only with the prior written consent of the City,
provided that such party (hereinafter referred to. as the
"assignee"), to the extent of the sale, conveyance,
assignment or other disposition by the Developer to the
assignee, shall be bound by the terms of this Agreement the
same as the Developer for such part of the Project as is
subject to such sale, conveyance, assignment or other
disposition.
b. In connection with any assignment or sale of a portion or all
of the Developer's right, title, interest and obligations in and
to the Project, if the assignee assumes the Developer's
TPA:340249:9
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obligations hereunder the Developer shall be released from
liability for the Qbligations or liabilities by the assignee, and
the City agrees to execute an instrument evidencing such
release, which shall be in recordable form.
c. An assignment of the Project, or any part thereof, by the
Developer to any corporation, limited partnership, general
partnership, or joint venture, in which the Developer is the
general partner or has either the controlling interest or
through a joint venture or other arrangement shares equal
management rights with a financial institution and maintains
such controlling interest or equal management rights shall
not be deemed an assignment or transfer subject to any
restriction on or approvals of assignments or transfers
imposed by this Section 18.01, 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 assignee, purchaser, sublessee or acquire of all or any
part of the Developer's rights and obligations with respect to
anyone Parcel shall in any way be obligated or responsible
for any of the Developer's obligations with respect to any
other Parcel by virtue of this Agreement unless and until
such assignee, purchaser, sublessee or acquire has
expressly assumed the Developer's such other obligations.
2. City's Rioht to Assion Riohts. The Developer agrees that the City
shall have the unqualified right to assign its rights under Section
5.04 and 6.03 of this Agreement to any person, subject only to
applicable laws in regard to the disposition of an interest in real
property.
18.02. 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 its successors and assigns, except as may otherwise be
specifically provided herein.
18.03. 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
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to the office for each party indicated below and addressed as
follows:
To the Developer:
To the City:
Beachwalk Resort, LCC
2905 Bayshore Boulevard, Suite 202
Tampa, FL 34629
Attn: Brian Taub
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
with copies to:
with copies to:
Jeffrey T. Shear, Esquire
Ruden, McClosky
401 East Jackson Street, Suite 2700
Tampa, FL 33602
Pamela K. Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue
Clearwater, FL 33756
2. Notices given by courier service or by hand delivery shall be
effective upon delivery and notices given by mail shall be effective
on the third (3rd) business day after mailing. Refusal 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
Section 18.03. The addresses to which notices are to be sent may
be changed from time to time by written notice delivered to the
other parties and such notices shall be effective upon receipt. Until
notice of change of address is received as to any particular party
hereto, all other parties may rely upon the last address given.
18.04. 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 all equally.
18.05. 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 do acknowledge,
consent, 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 the courts thereof and to
the jurisdiction of the United States District Court for the Middle
District of Florida, for the purposes of any suit, action, or other
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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 is
not a resident of the State of Florida or has no office, employee,
City or general partner thereof available for service of process as a
resident of the State of Florida, or if any permitted assignee thereof
shall be a foreign corporation, partnership or other entity or shall
have no officer, employee, agent, or general partner available for
service of process in 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, or
both, 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 18.03.
18.06. Estoppel Certificates. The Developer and the City shall at any time and
from time to time, upon not less than ten (10) days prior notice by another
party hereto, execute, acknowledge and deliver to the other parties a
statement in recordable form certifying 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 such
party, neither it nor any other party is then in default hereof (or if another
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 Section 18.06 may be relied upon by any prospective purchaser,
mortgagee, successor, assignee of any mortgage or assignee of the
respective interest in the Project, if any, of any party made in accordance
with the provisions of this Agreement.
18.07. 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.
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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.
18.08. Captions. The article and section 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, section, subsection, paragraph or
provision hereof.
18.09. 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.
18.10. 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.
18.11. 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, or any proposed improvement,
use, disposition, lease, conveyance or acquisition of any or all of the
Project Site.
18.12. Not an Agent of City. During the term of this Agreement, the Developer
hereunder shall not be an agent of the City with respect to any and all
services to be performed by the Developer (and any of its agents, assigns,
or successors) with respect to the Project.
18.13. Recording of Development Agreement. Pursuant to ~163.3239,' Florida
Statutes (2004), the City authorizes and hereby directs the City Clerk to
record this Agreement in the public records of Pinellas 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.
18.14 Public Purpose. The parties acknowledge and agree that this Agreement
satisfies, fulfills and is pursuant to and for a public purpose and municipal
TPA:340249:9
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purpose and is in the public interest, and is a proper exercise of the City's
power and authority.
18.15. 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 of the ad
valorem taxing power of the 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.
18.16. 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 undertakings
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.
18.17. Technical Amendments; Survey Corrections. 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, respectively, 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.
18.18. Term; Expiration; Certificate.
1. If not earlier terminated as provided in Section 12.05, this
Agreement shall expire and no longer be of any force and effect on November
18, 2014.
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2. Upon completion of the term of this Agreement, all parties hereto
shall execute the 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 14.
4. The Agreement Expiration Certificate shall be in such form as will
enable it to be recorded in the public records of Pinellas 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.
18.19.Approvals Not Unreasonably Withheld. The parties hereto represent
that it is their respective intent as of the 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, unless otherwise expressly
authorized by the terms of this Agreement.
18.20. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and
their respective seals affixed as of the date set forth in the first paragraph of this
Agreement.
THE CITY OF CLEARWATER,
FLORIDA
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
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[SIGNATURES CONTINUED ON NEXT PAGE]
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day
of , 2002 by Brian Aungst and Cynthia Goudeau, 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
[SIGNATURES CONTINUED ON NEXT PAGE]
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ADOPTED
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Beachwalk Resort, LLC, a Florida
limited liability company
By:
Clearwater Beach Resort, LLC, a
Florida limited liability company,
Managing Member
Attest:
By:
By:
Brian Taub, Managing
Member
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 2004 by Brian Taub as Managing Member of Clearwater Beach Resort,
LLC, a Florida limited liability company, Managing Member of Beachwalk Resort, LLC,
a Florida limited liability company, on behalf of Beachwalk Resort, LLC.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
L
Exhibit A
CONTROLLED PROPERTY LEGAL DESCRIPTION
A parcel of land lying in Section 8, Township 29, Range 15 East, Pinellas County,
Florida, being more particularly described as follows:
Lot 57, Lot 104, the South 20.00 feet of Lot 56, and the South 20.00 feet of Lot 103 of
the L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12, of the public
records of Pine lias County, Florida.
Together with Lot 105, Lot 106, and the North one-half of Lot 107 of the L1oyd-White-
Skinner Subdivision, as recorded in Plat Book 13, Page 12, of the public records of
Pinellas County, Florida.
Together with Lot 58 and Lot 59 of the L1oyd-White-Skinner Subdivision, as recorded in
Plat Book 13, Page 12, of the public records of Pinellas County, Florida.
Exhibit B
Consisting of 22 pages
Seashell Project Description - as dermed in presentations and applications
The properties are developed with The Glass House Motel at 229 South Gulfview Boulevard,
The Beach Place Motel at 301 South Gulfview Boulevard, and a single family house and out
buildings at 300 Coronado Drive abutting the Beach Place Motel and operated under a common
ownership. The proposed project assembles these parcels into a single development site, which
incorporates the vacated Third Street right-of-way. Under the terms of the proposed development
agreement, Gulfview Boulevard is proposed to be rebuilt to the west; this parcel seeks rights to .
use theeastem ~ of the vacated Gulfview Boulevard right-of-way.
Surrounding land uses are: Gulfview Boulevard to the west, a single faniily unitand the Spyglass
Motel to the north, Legends Steakhouse to the south and Coronado Drive to the east. Across
Gulfview Boulevard, there is a public parking lot abutting the Gulf of Mexico.
The existing buildings consist of two hotel which contain 66 units. The existing properties
contain several structures, all of which were built between 1941 and 1956. .
Redevelopment is proposed for these obsolete structures. The proposed use is a 250-unit full
service hotel with banquet and meeting rooms, restaurant and retail! beach club facilities, health
club and spa facilities, and a 750-space (min.) parking garage which will serve both hotel uses,
and the general public. The proposed development is the catalyst for the Beach Walk
Improvements outlined in Beach Bv Design. Beach Walk will provide landscaping, pedestrian
and bicycle routes and a limited amount of surface public parking, as well as a relocated
travel way for vehicles. This travel way will be built in a curvilinear design and will include
"traffic calming" features. Public parking will be replaced in the parking garage to be built as
part of the hotel. The public and hotel guests may access the beach by a pedestrian overpass.
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Exhibit E
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the
day of , 2004 by Beachwalk Resort, LLC.
Beachwalk Resort, 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 provide 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 implements 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 Commission Resolution passed
and approved on , Beachwalk Resort, LLC's application for an allocation
of bonus resort units pursuant to the provisions of the designation of Clearwater Beach as a
Community Redevelopment Districts subject to compliance with the requirements of the
designation of Clearwater Beach as a Community Redevelopment District. Beachwalk Resort,
LLC desires for itself, and its successors and assigns, as owners 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 Clearwater 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
Beachwalk Resort, LLC and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, Beahwalk Resort, LLC hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Beachwalk Resort, 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 Commission of the City of Clearwater.
2. Covenant to Prepare and hnplement a Trip Generation Management Program.
Beachwalk Resort, LLC hereby covenants and agrees to the development, use and operation of
the Real Property in accordance with the provisions of this Declaration.
TPA:345813:1
Exhibit E
2.1 Trip Generation Management Program. Beachwalk Resort, LLC shall
prepare a Trip Generation Management Program which includes, at a minimum, the
progran;t elements which are set out in Exhibit 2 which is attached hereto and incorporated
herein.
2.2 Implementation. Beachwalk Resort, 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. Attorneys Fees. Beachwalk Resort, LLC shall reimburse the City of Clearwater for
any expenses, including attorneys fees, which are incurred by the City of Clearwater in the event
that the City determines that it is necessary and appropriate to seek judicial enforcement of these
Declarations and the City obtains relief, whether by agreement of the parties or through order of
the court.
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 ofthis Declaration shall be valid and enforceable to the fullest extent permitted by
law.
IN WITNESS WHEREOF, Beachwalk Resort, LLC has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2004.
Signed and sealed and delivered
in the presence of:
Beachwalk Resort, LLC, a Florida limited
liability company
By: Clearwater Beach Resort, LLC, a
Florida limited liability company,
Managing Member
By:
Brian Taub,
Managing Member
TPA:345813:1
Exhibit.E _
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
This instrument was acknowledged before me this - day of 2004 by Brian
Taub as Managing Member of Clearwater Seashell Resort, LLC, a Florida limited liability
company, Managing Member of Beachwalk Resort, LLC, a Florida limited liability company, on
behalf of Beachwalk Resort, LLC.
TPA:345813:1
"--
Notary Public .
State of Florida
My commission expires:
Exhibit E
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 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
and garage patrons. 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).
2. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the developer shall
submit a Hurricane Evacuation Plan to the City. This Plan shall establish practices and
procedures to be implemented when a hurricane watch is established for Clearwater.
These practices and procedures will lead to evacuation of the Seashell Resort when a
hurricane watch is issued for Clearwater.
TPA:345813:1
EXHIBIT F
COVENANT REGARDING HURRICANE WATCH CLOSURE & USE &
OCCUPANCY OF RESORT HOTEL
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the day of , 2004, by
Beachwalk Resort, LLC (individually and collectively, "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 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 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
TPA:345468:1
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 nine (209) 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 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
TPA:345468:1
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 Govemina Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recordina. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attornevs' 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 Severabilitv. 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.
[SIGNATURES CONTINUED ON NEXT PAGE]
TPA:345468:1
IN WITNESS WHEREOF, Developer has caused this Declaration to be
executed this , day of 2004.
Signed, sealed and delivered
in the presence of:
Print Name:
BEACHWALK RESORT,
LLC., a Florida limited
liability company
By: Clearwater Beach
Resort, LLC, a
Florida limited
liability company,
Managing Member
Print Name:
By:
Brian Taub
Managing
Member
STATE OF FLORIDA
COUNTY OF PINELLAS
This instrument was acknowledged before me this day of
by Brian Taub, Managing Member of Clearwater Beach Resort,
LLC, a Florida limited liability company, Managing Member of Beachwalk Resort,
LLC, a Florida limited liability company. On behalf of the limited liability company
he is personally known to me or produced as
identification.
Notary Public, State of Florida
My commission expires:
TP A:345468: 1
APPROVALS & PERMIT LIST
. Piling & foundation permit
. Demolition permit
. Site alteration/drainage permit
. Utility relocation permit
. Vacation condition & replat approval
. Building permits package
------.~._-"--"'(r.-__structl1fal~-.~~... '''''~''''''''-'' --".---
o Mechanical
o Electrical
o Plumbing
. Beach Improvements permits
o CCCL permit - from Florida Beaches and Shotes
o Utility & Drainage permit - with City Engineer & SWFMD approval
o Roadway Permit - approved by City Engineer
o Landscape, Irrigation (graywater) & Lighting - approved by Recreation & Parks
o Pedestrian Bridge, Elevated Walk & Beach Elevator Public Service Facility
(building permit)
:E:chibH G
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Exhibit H
Exhibit I
Appraisal Instructions
Typically, an appraisal of this type will use three appraisal methods, separately
assessing Comparable Sales Value, Income Approach, (Net Present Value of
Future Income Stream), and Replacement Cost. Furthermore, a typical appraisal
is to' detef!11ine fair market value, as defined under Title XI of the Financial
Institutions, Reform, Recover)' and Enforcement Act of 1989, .12. CFR Part
323.2.f. This definition is: The most.probable price which a property.should bring
in a competitive arid open market under all conditions requisite to a. fair sale, the
____.-b!J-YeL~nQ sell~[J3ach~aGtJng_P-rY.d.eDtJy-,_.kD(twl_edgaably_and_as_sumingjhe~-pricejs-_._-~~-~-~
not affected by undue stimulus. Implicit in this definition is the consummation of a
sale as of. a specified date and the passing of title from seller to buyer under
conditions whereby: .
.
1. Buyer and seller are typically motivated;
2. Both parties are well-informed or well-advised, and acting in
what they consider to be their own best interests;
3. A reasonable time is allowed for exposure to the open
market;
4. Payment is made in terms of cash in U. S. dollars or in terms
of financial arrangements comparable thereto;
5. The price represents the normal consideration for the
property sold unaffected by special or creative financing or
sales concessions granted by anyone associated with the
sale.
There is no known open market with comparable garage sales within the Florida
West Coast market area, which precludes use of the Comparable Sales
Approach to valuation. This public garage is to. be held as a commercial
condominium and will form one of the components of a mixed-use project
comprised of a hotel, restaurants, retail, and additional parking used by the other
components. The underlying land is therefore owned by the condominium, and a
determination of the value of the portion of land to be attributed to the public
garage would be subjective, at best. If the appraiser were to assume the garage
were free-standing using a Replacement Cost method, the land would have to be
valued at its Highest and Best Use, which would not be as a parking garage.
Therefore, the Replacement Method is not useful for this. appraisal. The
remaining, the Income Approach, is the only reasonable. method for
determination of the transaction value under these conditions.
Therefore, for purposes of calculating the fair market value of the public parking
garage to equal to the projected net operating income to be generated from the
Exhibit I
operation percent (6%), said rate exceeding the City's cost of funds at the
Effective Date of this Agreement.
The projected net operating income shall equal the projected gross revenue
minus the operating eXpenses. The operating expenses shall equal the owner's
actual cost. incurred if the public parking garage has been operated for a period
of one (1) year, or in the event that the garage has been operated for less than
one (1) years, the owner's budget.
2
Exhibit J
THIS INSTRUMENT PREPARED BY
AND WHEN RECORDED, RETURN TO:
Jeffrey T. Shear, Esquire
Ituden,~cClosky
401 East Jackson Street, Suite 2700
Tampa, FL 33602
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _ day of
, 2001 (the "Effective Date") by BEACHWALK RESOItT, LLC, a Florida limited
liability company ("Owner").
WITNESSETH
WHEREAS, Owner is the owner of the real property legally described on Exhibit "A" attached
hereto and incorporated herein by reference (the "Property"); and
WHEREAS, Owner and the City of Clearwater (the "City") are parties to that certain
development Agreement dated , 2001 (the "Development Agreement") pursuant to
which the City has agreed that Owner may develop and construct upon the Property a multi-use project
consisting of not less than 750 parking spaces (of which not less than 400 shall be public parking spaces),
up to 50,000 square feet of retail space and 250 residential hotel units, all as more particularly described
in the Development Agreement; and
WHEREAS, Owner has agreed that the Property shall be developed and operated for a unified
use, as more particularly described hereinbelow.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby
agree that the Property shall be developed and operated as a unified mixed-use project such that the
residential hotel units constructed upon the Property shall be occupied and operated as a single hotel. The
restrictions set forth in the preceding sentence shall survive for a period of ( ) years from
the Effective Date of this Agreement. Nothing in this Agreement shall preclude the purchase and sale of
the residential hotel units and all other components of the mixed use project constructed upon the Property
to separate, unrelated third party owners, so long as the residential hotel units are operated and occupied
as a single hotel throughout the term of this Agreement. Owner agrees that the City shall have the right to
enforce the terms and conditions of this Agreement.
TPA:345820:1
Exhibit J
IN WTINESS WHEREOF, the undersigned has executed this Covenant effective the day and year
fIrst above written.
Witnesses:
BEACHW ALK RESORTS, LLC, a
Florida limited liability company
Print Name:
By:
Clearwater Beach Resort, LLC,
a Florida Limited liability
company, Managing Member
Print Name:
By:
Brian Taub,
Managing Member
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acmowledged before me this day of February, 2001, by Brian
Taub, as Managing Member of CLEARWATER BEACH RESORTS, LLC, a Florida limited liability
company, Managing Member ofBEACHWALK RESORT, LLC, a Florida limited liability company, on
behalf of the limited liability company, who is personally mown to me or has produced
as identifIcation.
NOTARY PUBLIC
Name:
Serial No.
My Commission expires:
TPA:345820:1
Exhibit K
THIS LICENSE AGREEMENT, made and entered into this day of
2004, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation ("Licensor") and BEACHWALK RESORT, LLC ("Licensee"):
WITNESSETH:
WHEREAS, Licensor is the owner of fee simple title to the area described in
Exhibit A attached hereto and incorporated herein;
WHEREAS, Licensee is the developer of a mixed use resort project on
.Clearwater Beach which will include at least four hundred (400) parking spaces which
will be open to the public;
WHEREAS, in conjunction with the construction of the mixed use resort project
Licensee is constructing an elevated beach access facility between the parking spaces
which will be open to the public and the public beach ("Elevated Beach Access
Facility");
WHEREAS, the support structures for the Elevated Beach Access Facility on the
gulfside of South Gulfview will be improved for the public convenience and benefit with
public beach service improvements ("Beach Service Facility");
WHEREAS, the Elevated Beach Access Facility and Beach Service Facility wilt
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 have the Beach Service Facility operated by the Licensee;
WHEREAS, the Licensor is willing to grant a license to Licensee to use and
operate the Beach Service Facility for the purposes stated in this agreement;
NOW, THEREFORE IT IS MUTUALLY AGREED, AS FOLLOWS:
1. License Granted. The City hereby grants a license to use and operate the
Beach Service Facility.
2. Term. The term of the license is fifty (50) years, beginning on the first (1st) day
that beach service facilities are available for use, and ending on the same day, fifty (50)
years thereafter, unless terminated pursuant to paragraph 3 of this License Agreement;
TPA:345823:1
Exhibit K
3. Termination. The license may be cancelled by the Licensor at any time,
ninety (90) days after providing Licensee written notice that the Beach Service Facility is
not being operated in accordance with the requirements of this License Agreement. The
written notice shall specify each and every way in which the Licensee has failed to
operate the Beach Service Facility in accordance with the requirements of this License
Agreement and the Licensee shall have ninety (90) days to reasonably cure such
failures.
4, Exclusive Riahts. The Licensee shall have the exclusive right to conduct
the activities described in Exhibit "1", which is attached hereto and incorporated herein
in or at the Beach Services Facility.
5. Payment for Services. The goods and services provided by Licensor shall
be available to the general public, however, the City agrees that the Licensee may
make special provision for payment of services rendered to the public through the
Licensee's resort or other resort properties on Clearwater Beach.
6. Hours of Operation. The Beach Service Facility shall be open at normal
periods of beach use.
7. Operation and Maintenance. Licensee shall be responsible for the
operation and maintenance of the Beach Service Facility including operation,
maintenance, upkeep, repair and replacement. Licensee shall maintain the Beach
Services Facility in good order, condition and repair, reasonable wear and tear
excepted.
8. Use of the Facility. Licensee hereby covenants and agrees to make no
unlawful, improper, or offensive use of the Beach Service Facility. Licensee shall not
permit any person other than Licensee to conduct a business in or from the Beach
Service Facility without the written consent of the Licensor.
9. Assianment. Licensee hereby covenants not to assign, pledge,
hypothecate the license created herein, in whole or in part, without the prior written
consent of the Licensor except to the hotel operator for which no consent shall be
required. The paragraph is intended to and shall be construed to include a prohibition
on the assignment of the license by operation of law.
10. Taxes. Licensee shall promptly pay any and all taxes, including but not
limited to state sales taxes, occupation license taxes, beverage license and permit fees
due in regard to the operation and use of the Beach Services Facility, but not ad
valorem taxes or personal property taxes, if any, which shall be paid by Licensor.
-2-
TPA:345823:1
Exhibit K
11. Utilities. Licensee agrees to be responsible for all costs related to any
utilities provided to the Beach Services Facility.
12. Modifications to Structure. Licensee is not authorized to make any material
change to the Beach Services Facility without the written approval of the City.
13. Indemnification. Licensee agrees to Indemnify and hold Licensor and its
employees harmless from and against any and all claims, demands, causes of action or
lawsuits of whatever kind or character arising out of this License Agreement and/or
performance hereunder. Licensee agrees to investigate, handles, 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.
14. Insurance. Licensee shall at his own expense purchase and maintain
during the term of this License Agreement the following insurance coverages:
[to be inserted at time of execution]
Licensee shall provide the City with copies of all insurance policies required by this
License Agreement.
15. Destruction of Facilitv. In the event that the Beach Service Facility is
destroyed, by whatever means, Licensee shall be required to rebuild the Facility in
accordance with the original plans and specifications. The City agrees that any
insurance proceeds received by the City in conjunction with the destruction of the facility
shall be provided to Licensee for use in rebUilding the Facility.
16. Compliance with Government Reaulations. Licensee agrees to comply
with the requirements of all agencies of government.
17. Sians. All signage shall be in conformance with the City of Clearwater's
Land Development Regulations.
18. Costs of Enforcement. In the event that Licensor incurs any cost to
enforce any of the provisions of this License Agreement, including but not limited to
attorneys fees, Licensee agrees to pay said costs.
-3-
TPA:345823:1
Countersigned:
Mayor
Approved as to form:
City Attorney's Office
TPA:345823:1
Exhibit K
-4-
CITY OF CLEARWATER
By:
City Manager
Attest:
City Clerk
BEACHW ALK RESORT, LLC, a
Florida limited liability company
By: Clearwater Beach Resort,
LLC, a Florida limited
liability company,
Managing Member
By:
Brian Taub,
Managing Member
Exhibit 1
1. Rental of beach towels.
2. The sale of packaged snacks and non-alcoholic beverages.
3. The sale of beach sundries.
4. The rental of showers and lockers.
Exhibit L
HYATT CLEARWATER BEACH RSORT
BEACH CONCESSION CRITERIA QUALITY STANDARDS
FURNITURE (100)
Chaise lounge
Manufacturer: Tropitone Spinnaker chaise lounge chair with arms (Model # 159932) (if
suitable for beach use)
Otherwise: SteamerIDeck Chair - Canvas
Manufacturer: Harrison & Todd
UMBRELLAS (60)
Aluminum pole
Cast aluminum stand alone bases
Manufacturer: Galtech: Market Umbrella- 9' (or equal)
Sunbrella Fabric (mildew resistantIUV resistant)
CUSTOM BEACH CABANAS -78" X 64" X 64" (40)
Marine grade fabric
SIDE TABLES (25)
Cast Aluminum - 22" round X 17"
Maunfacturer: Tropitone (or equal)
UNIFORMS
Tropical Shirt with Khaki shorts and skirt
White tennis shoes with white ankle socks
EMPLOYEES (2)
Properly groomed hair
Clean shaven or well groomed facial hair
Clean, neat overall appearance
Professional, courteous attitude
KEY ISSUE
Ability to change hotel guests on room account
~-----
EXHIBITM
BEACH WALK IMPROVEMENT 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 12 months June 2008
from Central Plaza to southern end
Final project clean-up & Grand Opening 4 months November 2008
L
Exhibit N
MINIMUM QUALITY STANDARD
Hotel Quality Standard
Minimum Quality Standards
The Development Agreement ("Agreement") between the City of Clearwater, Florida
(the "City") and Beach Walk Resort, LLC ("Developer") provides for the allocation of two
hundred and nine (209) resort hotel units from the Beach by Design hotel unit pool ("Hotel
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, 250 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 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 three (3) alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
1) operation of the Hotel by a branded hotel operator or operation
of the Hotel as a franchised national brand that is generally
regarded as operating or franchising hotels at a standard regarded
as being higher than the minimum standard required of a AAA
three diamond or a Mobil 3 star hotel; or
2) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least four (4) diamonds; or (b)
Mobile 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
TPA:345431 :2
Exhibit N
"Other Rating Service") and obtaining a quality rating comparable
to the AAA and MTG ratings described in (a) and (b) of this
subparagraph;
or
3) 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 of 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"):
1.
Exterior.
1.
Curb Appeal.
1. A combination of exterior elements which create an impressive well-
integrated and excellent level of curb appeal.
1. Excellent varieJ:y of landscaping professionally planned and
maintained.
2. Impressive architectural features well-integrated into the
surrounding area.
2.
Parking.
1.
Lighting fixtures reflect characteristics of the design of the
property.
2.
Physical evidence of added security exists.
3.
Excellent overall illumination.
TPA:345431 :2
Exhibit N
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme of the
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 ofthe 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.
ill. Guestroom.
TPA:345431 :2
Exhibit N
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 of luggage; 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.
VI. 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.
TPA:345431:2
Exhibit N
v. Make-up mirror.
VI. Telephone.
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after the date on which the hotel shall first open for
transient rental business to the public ("Hotel Opening"), 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 Hotel Opening ("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. 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 Hotel Opening, 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 ofthis 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 of the 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
TPA:345431 :2
~-~
Exhibit N
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 Comply
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. If the Developer does not notify the
City within ten (to) 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 Developer if the Developer must make
modifications or take actions to restore the Hotel to the Minimum Quality Standard where such
TPA:345431 :2
Exhibit N
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 unon 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 fme 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.
TPA:345431 :2
'6.'
I
Response to Worksession 11.15.2004
Item #8.1 - Amendment to Development Agreement (Beachwalk Resort LLC (fka
Clearwater Seashell Resort L.S.) The following response is provided regarding
comparables for parking fees.
This rate survey was done in July, 2003 and should still be fairly valid.
Miami Beach has 2 directly on the beach:
$1/Hr, 2nd hr. $21hr & $6/hr. after 3 hours with a max of $16.
$10 Flat fee between 9pm - 6am (Fri-Sun)
Daytona (Adam's Mark):
$1/Hr. $6/Daily Max.
Hollywood (On Beach);
$5 Flat fee (24 hours Fri/Sat.; Sun - Thurs. 6AM - Midnight)
Ft. Lauderdale (Close to Beach):
$1.251 Hour
Looking at the Chance South Beach report, they are recommending either $.25/hour
increases every 2 years or $.50/hour increases every 5 years. The every 2 year
increases are probably more realistic. Based on our current rates we would most likely
open a new City Garage with the following rates:
$1.75 I Hour (Mon - Thurs.) wi $12 Max.
$2.251 Hour (Fri - Sun) wi $15 Max.
11-18-2004
City Council
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Tracking Number: 945
Actual Date: 11/18/2004
Subject / 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
1705 Thomas Drive (consisting of Lots 28 and 29 Virginia Groves Terrace 2nd addition in Section
5, Township 29 South, Range 16 East) and PASS Ordinance Nos. 7344-04, 7345-04 & 7346-04
on first reading.
Summary:
The subject property is located at 1705 Thomas Drive, on the east side of the street
approximately 150 feet north of S.R.590. The applicant is requesting this annexation in order to
receive City sanitary sewer and solid waste service. The property is contiguous with the existing
City boundaries to the south; therefore, the proposed annexation is consistent with Florida
Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not
currently within the City limits also be annexed. The subject site is approximately 0.385-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 determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan, the Community Development Code and Pinellas County and Florida Law.
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
Please refer to the attached annexation (ANX2004-07010) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on October
19, 2004 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 10/19/2004
11/18/2004
12/02/2004
Financial Information:
Review Approval
Gina Clavton
10-22-2004
12:51:55
City Council
~~~""U"~<gel!"~_i!.~<C~.~<~.~~.~e~.~..~"i!<I!.d ~<<~<
Leslie DouQall-Sides
Bill Horne
11-05-2004 08:56: 12
10-26-2004 10:09:27
11-04-2004 08:00:49
10-26-2004 11:26:14
11-05-2004 08:41:41
Cvndie Goudeau
Cvndi Taraoani
Garrv Brumback
I
ORDINANCE NO. 7344-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF THOMAS DRIVE APPROXIMATELY 150 FEET
NORTH OF STATE ROAD 590, CONSISTING OF LOTS 28 AND
29, BLOCK 4, VIRGINIA GROVE TERRACE SECOND ADDITION,
TOGETHER WITH THE ABUTTING RIGHT OF WAY TO S.R. 590,
WHOSE POST OFFICE ADDRESS IS 1705 THOMAS 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:
Lots 28 and 29, Block 4, Virginia Grove Terrace Second Addition, as recorded in
Plat Book 37, Page 73, Public Records of Pinellas County, Florida, together with
the abutting right of way south to S.R. 590
(ANX2004-07010)
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7344-04
ORDINANCE NO. 7345-04
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
EAST SIDE OF THOMAS DRIVE APPROXIMATELY 150 FEET
NORTH OF STATE ROAD 590, CONSISTING OF LOTS 28 AND
29, BLOCK 4, VIRGINIA GROVE TERRACE SECOND ADDITION,
TOGETHER WITH THE ABUTTING RIGHT OF WAY TO S.R. 590,
WHOSE POST OFFICE ADDRESS IS 1705 THOMAS 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
Lots 28 and 29, Block 4, Virginia Grove Terrace
Second Addition, as recorded in Plat Book 37, Page 73,
Public Records of Pinellas County, Florida, together
with the abutting right of way south to S.R. 590
(ANX2004-07010)
Land Use Cateqorv
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. 7344-04.
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. 7345-04
ORDINANCE NO. 7346-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
THOMAS DRIVE APPROXIMATELY 150 FEET NORTH OF
STATE ROAD 590, CONSISTING OF LOTS 28 AND 29, BLOCK 4,
VIRGINIA GROVE TERRACE SECOND ADDITION, TOGETHER
WITH THE ABUTTING RIGHT OF WAY TO S.R. 590, WHOSE
POST OFFICE ADDRESS IS 1705 THOMAS 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:
Propertv
Lots 28 and 29, Block 4, Virginia Grove Terrace
Second Addition, as recorded in Plat Book 37, Page
73, Public Records of Pinellas County, Florida,
together with the abutting right of way south to S.R. 590
(ANX2004-07010)
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. 7344-04.
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. 7346-04
CDB Meeting Date: October 19. 2004
Case Number: ANX2004-070l0
Agenda Item: G-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
J ames and Jessica Stewart
LOCATION:
1705 Thomas Drive
REQUEST:
(a) Annexation of 0.385-acres and 0.34 acres of abutting
Thomas Drive right-of-way 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 R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
16,800 square feet or 0.385 acres
DIMENSIONS OF SITE:
140 feet wide by 120 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
Staff Report - Community Development Board - October 19, 2004 - Case ANX2004-070 1 0 Page 1
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR), (City)
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
This annexation involves a 0.385-acre property consisting of one parcel, located on the east side
of Thomas Drive approximately 150 feet north of S.R. 590. The property is located within an
enclave and is contiguous with existing City boundaries to the south; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed
that the abutting Thomas Drive right-of-way not currently within the City limits also be annexed.
The applicant is requesting this annexation in order to receive sanitary sewer and solid waste
service. 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 applicant receives water service from Pinellas County. Sewer service will be provided by
the City of Clearwater and capacity for the project is available from this utility. The closest
sewer line is located within the Thomas Drive right-of-way adjacent to the subject site. The
applicant has paid all applicable impact fees as of July 23, 2004.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within the East Police District and service will be administered through
the District 3 Substation located at 2851 McMullen Booth Road and County Road 580. There
are currently 56 patrol officers and 7 patrol sergeants assigned to this district. Community
policing service will be provided through the City's zone system and officers in the field. The
Police Department has stated that it will be able to serve this property and the 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 Stations #48 located at
Staff Report - Community Development Board - October 19,2004 - Case ANX2004-0701O Page 2
r
I
1716 North Belcher Road and #49 located on the north side of the Clearwater Mall at the corner
of U.S. Highway 19 North and Gulf to Bay Boulevard. 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.1]
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
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Residential is
the primary use in this plan category up to a maximum of five (5) dwelling units per acre.
Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space.
The proposed annexation is consistent with promoting the following goal and objective of the
City of Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
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 2-1001.1. & 4-604.F.5.]
The site is currently zoned R-3, Single Family Residential District in the County. The applicant
proposes to rezone the property to the Low Medium Density Residential District (LMDR).
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 five dwelling units per acre.
Staff Report - Community Development Board - October 19, 2004 - Case ANX2004-0701O Page 3
~
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and determined it complies with all applicable
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 south and represents a logical and
appropriate 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 this standard and eliminates an
enclave.
In summary, the annexation ofthis property is consistent with Florida law.
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 sewer, solid
waste, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Florida law regarding municipal annexation.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following action on the request:
(a) Annexation of 0.385-acres and 0.34 acres of abutting Thomas Drive right-of-way 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 Residential District (County) to Low Medium
Density Residential (LMDR) District (City of Clearwater).
Prepared by Planning Department Staff:
Mark T. Parry, Planner III
Staff Report - Community Development Board - October 19,2004 - Case ANX2004-070l0 Page 4
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX ~ 20041ANX2004~0701O 1705 Thomas Dr Stewart Residence1ANX2004~0701O staff
report. doc
Staff Report - Community Development Board - October 19,2004 - Case ANX2004-07010
Page 5
Location Map
Owner Mr. & Mrs. Jason Stewart Case: ANX2004-07010
Property
Size (Acres): 0.385
Site: 1 705 Thomas Drive
R-O-W- Size 0.34
(Acres):
Land Use Zoning PIN: 02/29/16/94356/004/0280
From: RL (County) R-3 (County)
To: RL Cit LMDR Cit A tlas Page: 264A
""-
Aerial Photograph
Owner Mr. & Mrs. Jason Stewart Case: ANX2004-070 10
Property
Size (Acres): 0.385
Site: 1 705 Thomas Drive
R-O-W- Size 0.34
(Acres) :
Land Use Zoning PIN: 02/29/16/94356/004/0280
From: RL (County) R-3 (County)
To: RL Cit LMDR Cit Atlas Page: 264A
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Annexation Map
Owner Mr. & Mrs. Jason Stewart Case:
Property
Size (Acres):
Site: 1705 Thomas Drive
R-O-W- Size
(Acres) :
Land Use Zoning PIN:
From: RL (County) R-3 (County)
To: RL Cit LMDR Cit Atlas Page:
ANX2004-070 10
0.385
0.34
02/29/16/94356/004/0280
264A
Future Land Use Map
Owner Mr. & Mrs. Jason Stewart
From:
RL (County)
Case: ANX2004-07010
Property
Size (Acres): 0.385
0.34
Zoning PIN: 02/29/16/94356/004/0280
R-3 (County)
LMDR Cit A tlas Page: 264A
Site: 1705 Thomas Drive
Land Use
To:
RL Cit
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Zoning Map
Owner Mr. & Mrs. Jason Stewart Case: ANX2004-07010
Property
Size (Acres): 0.385
Site: 1705 Thomas Drive
R-O-W- Size 0.34
(Acres) :
Land Use Zoning PIN: 02/29/16/94356/004/0280
From: RL (County) R-3 (County)
To: RL Cit LMDR Cit Atlas Page: 264A
Surrounding Uses Map
Owner Mr. & Mrs. Jason Stewart
To:
Land Use
RL (County)
RL Cit
Case: ANX2004-070 10
Property
Size (Acres): 0.385
R-O-W- Size 0.34
(Acres):
Zoning PIN: 02/29/16/94356/004/0280
R-3 (County)
LMDR Cit Atlas Page: 264A
Site: 1 705 Thomas Drive
From:
View looking east from west side of site
View looking southeast from west side of site
View looking east from northwest side of site
View looking north east from west side of site
View looking east from southwest side of site
View looking northeast from west side of site
Stewart Residence ANX2004-07010
1705 Thomas Drive
?rz. J
City Council
Cover Memorandum
IJ 1
Tracking Number: 947
Actual Date: 11/18/2004
Subiect / Recommendation:
Declare two Steadfast bridges located at Glen Oaks Park, 1345 Court Street, surplus to city needs
and approve a Letter of Understanding between the City and Pinellas County as it relates to the
donation and use of the bridges.
Summarv:
The City installed two pedestrian bridges at Glen Oaks Golf Course approximately 8 years ago as
part of a stormwater project, to assist golfers using the course. Since that time Glen Oaks Golf
Course has ceased operations and the clubhouse has been demolished to make room for a new
major Storm water Management Project.
The bridges are in good structural condition but the decking needs to be refurbished. Staff
attempted to find projects where these bridges could be of value but with no success.
Since the bridges are surplus to the City and Pinellas County has a need for the bridges, staff
recommends the donation of these bridges to the County in accordance to the Letter of
Understanding.
The County will locate one of the bridges on the north side of Sunset Point Road between Betty
Lane (CR355) and Pineland Drive. The remaining bridge will be located somewhere Pinellas
County.
The County will pay for all costs relating to the removal, storage, refurbishment, installation and
maintenance of the bridges.
The City grants permission for the County or its designee to enter City property to remove the
bridges.
The County further agrees to remove the bridges prior to December 31, 2004.
In the event one of the bridges is not installed on the north side of Sunset Point Road west of
Betty Lane by September 30, 2005, the County shall render current market value, as determined
by the City, for both bridges, payable to the City by December 31, 2005.
A copy of the Letter of Understanding is available for review in the Office of Official Records and
Legislative Services.
Oriqinatinq: Parks and Recreation
Section: Consent Agenda
Category: Construction Contracts - All Departments other than Public Works Originating
Number of Hard Co Dies attached: 0
Public Hearing: No
Financial Information:
ater
Type: Other
Current Year Cost:
$0.00
Aooropriation Code(s)
nja
Review Approval
Michael Ouillen
Laura Lioowski
Bill Horne
Georae McKibben
Cvndie Goudeau
Sue Diana
Tina Wilson
Garry Brumback
City Council
_~_=,,~'''~~!!!:!~ c()%~~!,,,,M,!,!!!,2,,~!!!,~,!I m'''''''A'''''''''_~''''''''''~_U''''''''W$~_'W$'''''_'U''''''''''''''_,,,_
Amount Comments
$0.00
10-22-2004 15:58:17
10-25-2004 09:38:33
11-05-2004 23: 16:43
10-22-2004 16:06:02
11-05-2004 13:49:58
11-08-2004 08:39:08
10-25-2004 07:57:07
11-05-2004 13:34:46
LETTER OF UNDERSTANDING
THIS LETTER 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 mailing address is P.O. Box
4748, Clearwater, Florida 33758-4748 ("City") and Pinellas County, a county
corporation of the State of Florida, whose mailing address is
("County"), (individually
referred to as "Party" or collectively as the "Parties").
WITNESSETH:
WHEREAS, City is the owner 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 premises, 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 legally
bound, hereto agree as follows:
1. City hereby donates two pedestrian bridges (as more particularly
described herein), which are currently located at Glen Oaks Park, located
at 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 following:
a. Steadfast Bridge #96648-A, Constructed November 1996, Corten
steel, 4 ton capacity, 120' x 8' wide, wooden deck.
b. Steadfast Bridge #96648-18, Constructed November 1996, Corten
steel, 4 ton capacity, 110' x 8' 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.
4. County shall pay all costs associated with or resulting from removal/pick-
up, storage, refurbishment and installation of the bridges. County shall
also be responsible for any on going maintenance of the bridges once
they are in County's possession. Under no circumstances shall the City
incur costs to relocate and maintain the bridges or any expenses or costs
related thereto.
5. The County, at its own cost, shall also install a sidewalk extension from
Betty Lane to Macomber Avenue, connecting the bridge to the existing
sidewalk in the subject area.
6. City grants permission to the County or its designee to access the
property located at 1345 Court Street, Clearwater FL to remove the
bridges. County shall provide City with reasonable notice if access
requires a City representative to be present during removal.
7. County shall remove the bridges from Glen Oaks Park prior to
December 31,2004.
8. County agrees to accept the bridges in their current condition.
9. The parties agree to be responsible for their own acts of negligence, to
the extent permitted by section 768.28, Florida Statutes. This provision is
not intended to nor shall be interpreted as limiting or in any way affecting
any defense City or County may have under 9 768.28, Florida Statutes.
10. In the event one of the bridges is not installed on the north side of Sunset
Point Road west of Betty Lane by September 30, 2005, the County shall
render current market value, as determined by the City, for both bridges,
payable to the City by December 31,2005.
IN WITNESS WHEREOF, the parties have executed this Letter of
Understanding as of the date first above written.
PINELLAS COUNTY,
By:
Countersigned:
FLORIDA
CITY OF CLEARWATER,
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
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me this
day of ,20_, by WILLIAM B. HORNE II, City Manager of the
City of Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
City Council
Cover Memorandum
p j) -. I
11.2
Tracking Number: 943
Actual Date: 11/18/2004
Subject / Recommendation:
Approve an agreement between the City of Clearwater and the School Board of Pinellas County,
Florida providing for temporary assignment of an additional School Resource Officer to Clearwater
High School and Countryside High School, and that the appropriate officials be authorized to
execute same.
Summarv:
1. In June 2004, the Police Department submitted a grant application to the Department of
Justice under the COPS in Schools 2004 Program seeking funding for two additional School
Resource Officers, one officer to be assigned to Clearwater High School and the other officer for
assignment to Countryside High School. The grant was not awarded, however, the Police
Department intends on reapplying for this grant funding during the 2005/2006 grant application
process.
2. Last year, the Pinellas County School Board and the City of Clearwater agreed that recent
events in the schools required the temporary assignment of an additional School Resource Officer
(SRO) at Clearwater High School. The additional temporary position was funded from the Police
Department's budget.
3. Although we did not receive the grant for the additional SRO's, the fact remains that we are
responsible for policing two of the largest high schools in the county each with over 2000
students. Both schools have seen marked increases in drug possession, disorderly
conduct, battery, and disruptions, and trespassers over the past 2 school years that strains the
ability of the single SRO to keep the campus safe. A second SRO in each school will go a long
way in insuring the safety of the students as well as the SRO's.
4, Of the 16 mainstream high schools in the County, 9 have 2 SRO's assigned. Clearwater and
Countryside are the only north county schools with single SRO's
5. Under the terms of the proposed agreement between the School Board of Pinellas County and
the City of Clearwater, the City will provide law enforcement and related services to Clearwater
High School and Countryside High School during the regular school year. The additional officer
assigned to each school, on a temporary basis, will provide instruction in law education, serve as
a resource person, conduct investigations, provide security, maintain the peace, make arrests and
provide support services as necessary. The
City Council
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two requested positions in this agenda item will augment the duties of the officer currently
assigned to each high school.
6. For school year 2004/2005, the School Board will reimburse the City the sum of $27,015
toward salary expenses for each of the requested School Resource Officers. Additionally, overtime
costs related to school functions will be reimbursed to the City by the School Board.
7. The actual salary and benefit cost to the City for providing an additional temporary School
Resource Officer at Clearwater High School and Countryside High School is a total of $98,286.
The total cost ($98,286) minus the reimbursement for both officers ($54,030) equals an annual
salary and benefit impact to the City in the amount of $44,256 for both officers. Additionally,
uniforms will cost $2,462.
8. The Police Department is estimating a budget surplus of approximately $480,000 from fiscal
year 2003/2004. The Police Department is requesting that the total cost to the City, in the
amount of $46,718, be re-allocated back to the Police Department's operating budget from the
2003/2004 budget surplus. Additionally, the difference between the actual costs and amount
reimbursed is offset by the benefit of the program to the community and the Police Department.
First quarter budget amendments will recognize the total increase to the Police Department
operating budget of $100,748, as well as the offsetting revenue of $54,030 and the allocation of
retained earnings in the amount of $46,718 for the difference.
9. The Resource Management Committee has reviewed and approved this item.
10. The Police Department has maintained a good working relationship with the School Board. A
School Resource Officer has been assigned to Clearwater High School since January 1, 1985, and
to Countryside High School since January 1, 1986.
Originating: Police
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Financial Information:
~ Other
Bid Reauired? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budaet Adiustment:
Yes
Budaet Adiustment Comments:
City Council
w-"."....w-..."..,,'0'0,!a~.!!sla ~..2ye.r Mw-~J:!"!,2ri!!!m~ili!!.!!t~N"...."..."".w-~_w->>......,........___w-w-..,.w-."",,,,w-,w-..,,,'
First quarter budget amendments will recognize the total increase to the Police Department
operating budget of $98,286, as well as the offsetting revenue of $54,030 and the allocation of
retained earnings in the amount of $44,526 for the difference
Current Year Cost:
$46,718.00
Review Aooroval
Sid Klein 10-21-2004 15:21:25
Cvndie Goudeau 11-05-2004 13:51:06
Tina Wilson 10-22-2004 08:02: 18
Garrv Brumback 11-05-2004 13:35:27
Rob Surette 10-25-2004 10:35:29
Sue Diana 11-08-2004 08:42:36
~ ~ P'D 1
((1' :. II. Z
SCHOOL RESOURCE OFFICER AGREEMENT
ADDENDUM NO.1
This is a continuance of the Agreement entered into by and between the SCHOOL BOARD
OF PINELLAS COUNTY, FLORIDA (referred to herein as the "BOARD") and THE CITY OF
CLEARWATER, (the City of Clearwater referred to herein as "C.P.D.") dated ,2004.
It is the intent of the parties herein to renew the above-described Agreement with all terms and
conditions of said Agreement remaining the same except as provided herein below:
1. Article I.A. is amended to read as follows:
A. Provision of School Resource Officers. The C.P.D. shall assign one regularly
employed officer to each of the following schools, except for the remainder of the 2004-2005
school year, the C.P.D. shall assign two officers to each school:
HiQh Schools
1. Clearwater Senior High School
2. Countryside Senior High School
2. Article I.C.3 is amended to read as follows:
C. 3. The Board and C.P.D. will cooperate to avoid the use of officers who must
be paid at overtime rates to substitute for regular SROs, but recognize that at times the use of
overtime will occur. If a substitute SRO must be utilized, the School Board shall reimburse C.P.D. for
50% of the replacement officer's rate of pay, including overtime if applicable, for up to 40 hours per
SRO position during each year of this Agreement. C.P.D. agrees that it will absorb all the costs of
providing substitutes beyond the 40 hours. Both parties agree that the sum of $706.20 represents the
aggregate total of the Board's financial obligation for each officer for the 40 hours calculated based on
the actual highest hourly rate of pay for an officer on the pay scale (excluding command positions)
working at an overtime rate as of July 1, 2003. Therefore the parties agree that in lieu of billing for
substitutes, on an individual basis that the Board will pay the $58.85 amount per officer in 12 monthly
payments, during each year of this contract. The rate for each future year of the term of this
agreement will be increased by utilizing the actual highest rate of pay for an officer on the pay scale
(excluding command positions) working at an overtime rate as of July 1,2004 and July 1,2005
respectively.
3. Article III is amended to read as follows:
A. In consideration of the services provided herein, the BOARD shall pay to the City of
Clearwater the sum of $36,019.09 (THIRTY SIX THOUSAND NINETEEN DOLLARS AND NINE
CENTS) for each SRO for the 2004-2005 contractual term. During the 2005-2006 school year, the
compensation shall increase to $36,739.47. Payments shall be made in monthly installments, and
shall be submitted in a timely manner in a manner to be determined by the Board. The invoice for the
month of May shall be submitted no later than the 15th of June. No other consideration will be required
during the term of this Agreement for the in-school services called for herein. Compensation by the
BOARD for officers assigned to a school for less than a full school year shall be prorated pursuant to
the established annual rate for that school year.
The BOARD shall, however, reimburse the C.P.D. for all security services performed at school
functions occurring after regular school hours. The rate of reimbursement for such after-school
activities shall be in accordance with the C.P.D. salary policy and procedures. The school shall be
billed for the services within thirty (30) days from the date of service, and any services provided during
May shall be submitted no later than the 15th of June. In the event that summer schools are offered
and require law enforcement coverage the number of summer schools covered by the C.P.D. shall be
determined through negotiation, and the costs prorated, based upon the required hourly coverage
contained in Article III.
4. Article XII is hereby added and reads as follows:
A. Since the BOARD has elected under F.S.1 006.12 to appoint school safety officers, and
pursuant to Chapter 23 of Florida Statues, the "Florida Mutual Aid Act," the BOARD agrees
that when an officer assigned as a School Resource Officer from a Clearwater Police
Department travels to a Pinellas County School campus or other leased venue for the
purpose of accompanying his/her school for any sanctioned event, and they view a
misdemeanor, the officer may physically arrest the perpetrator or take other lawful
enforcement action as warranted. The officers shall then notify, or cause to be notified
within 24 hours, the agency of jurisdiction where the school is located.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by
their duly authorized representatives on the date first above written.
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
By:
Attest:
Print:
Print:
Ex-Officio Secretary
Chairman
Approved as to form:
Attorney for Pinellas County
School Board
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Etv/6J - I
" s
City Council
<@<<<~~.~I~da c;.!?~!~!!!_!?r.~..~.~...~..~.~.
Tracking Number: 937
Actual Date: 11/18/2004
Subject / Recommendation:
Approve Streetscape Maintenance Memorandum of Agreement with the State of Florida
Department of Transportation and authorize the appropriate officials to execute same.
Summary:
The City of Clearwater has constructed a pedestrian crosswalk on FOOT right-of-way on the
north side of Drew Street at the entrance to Baker Avenue as part of the Grandview Terrace
Traffic Calming project.
The crosswalk is constructed using paver bricks for visual contrast to enhance pedestrian safety
and is similar in visual style to the roundabout immediately to the north.
The subject Maintenance Memorandum of Agreement is necessary to obtain FOOT permission to
maintain the paver brick crossing within the FOOT right-of-way at this location.
No funds are required for this Agreement.
A copy of the Agreement is available in the Official Records and Legislative Services office for
reviews.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen 10-19-2004 09:45: 12
Garrv Brumback 11-02- 2004 10:26:54
Brvan Ruff 10-19-2004 10:32:30
Bill Horne 11-05-2004 08:44: 11
Cvndie Goudeau 11-05-2004 09:01:36
'1
1\i. ~:J i
Iff Ii.. 3
MOA 01-03
STREETSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as ofthe _ day of ,200-1, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the "Department" and City of Clearwater , a
political subdivision ofthe State of Florida, existing under the Laws of Florida, hereinafter called the
"Local Government".
WITNESSETH
WHEREAS, the Department owns State Road 590 right-of-way consisting of road
improvements and grassed areas abutting thereon located at the intersection with Baker Avenue in
Clearwater in Pinellas County, Florida (the "Project Highway"); and
WHEREAS, the Department has responsibility for operation and maintenance of the State
Highway System; and
WHEREAS, the Local Government is desirous of beautifying the Project Highway which
would improve and enhance its aesthetic quality; and
WHEREAS, the Department is authorized to contract with local governmental entities for the
performance of its duties where it can be documented that such entities can perform the duties more
cost effectively; and
WHEREAS, the parties hereto recognize the need for entering into an agreement designating
and setting forth the responsibilities of each party in maintaining the landscaping; and
WHEREAS, the Clearwater City Council has authorized its officers to execute this agreement
on its behalf.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. The Local Government has installed streetscaping on those areas ofthe Project Highway as
specified in the Construction Plans and Specifications attached hereto as Exhibit "B", all of which
are hereby incorporated herein and made a part hereof by this reference and all of the work in
connection therewith being hereinafter referred to as the "Project". In no event shall the Local
Government change or deviate from the Project plans and specifications without prior written
approval of the Department.
In the event that any installations are at any time determined by the Department to be
interfering with the safe and efficient operation of any transportation facility, or are, otherwise,
determined to present a danger to public health, safety, or welfare, said installation shall be
immediately brought into departmental compliance at the sole cost and expense of the Local
Government. In the event that the Local Government fails to immediately remove such installations,
or in the event that an emergency exists, the Department, at its option, may proceed with removal of
such installations and charge the cost thereof to the Local Government.
The City recognizes that the Department may have future construction projects which could
result in the removal of or damage to the paver blocks. The City agrees that the Department and its
contractor will not be responsible for repair or replacement ofthe paver blocks.
2. The Local Government at all times shall maintain the Project in a reasonable manner and
with due care. Specifically, the Local Government agrees to carry out the following maintenance
responsibili ti es:
(a) routine maintenance as required to provide safe surface for pedestrians and motorists,
(b) repair or replacement of broken components,
The Local Government agrees to repair, remove or replace at its own expense all or part of
the Project that falls below Project standards caused by the Local Government's failure to maintain
the same in accordance with the provisions of this paragraph. In the event any part or parts of the
Project, including plants, have to be removed and replaced for whatever reason, they shall be
replaced by parts of the same grade, size and specification as provided in the original plans for the
Project.
3. The Department recognizes that the City must comply with section 166.241 of the Florida
Statutes. Nothing in this agreement shall be construed by the City to violate the provisions of this
statute.
4. Maintenance ofthe Project shall be subject to periodic inspections by the Department. In the
event that any ofthe aforementioned responsibilities are not carried out or are otherwise determined
by the Department to not be in conformance with the applicable Project standards, the Department,
in addition to its right of termination under Paragraph 10, may at its option perform any necessary
maintenance without need of any prior notice and charge the cost thereofto the Local Government.
5. The Department's Local Maintenance Office shall be notified forty-eight (48) hours in
advance of commencing any maintenance activities. The Local Maintenance Engineer with
responsibility for the roadway within this Project is Brian A. Bennett. P.E. located at 5211
Ulmerton Road, Clearwater, FL 33760 , telephone number (727) 570-5101 .
-2-
6. The Local Government stipulates that they have submitted copies ofthe landscaping plans to
all utilities with facilities within the project limits for their review and comment. Any conflicts
and/or concerns raised by the utilities are to have been resolved by the Local Government prior to the
execution of this agreement. Letters to this effect from each utility are to be submitted
by the Local Government to the Department. Prior to commencing any field activities on this
project, the Local Government is to notify all the utilities oftheir work schedule so that any affected
utilities can be field located and marked to avoid damage during construction.
7. The Local Government will comply with all Departmental Maintenance of Traffic
Regulations. All vehicles, equipment and personnel shall maintain a minimum of 15 feet clearance
from the edge of pavement. Ifthe permittee desires to work closer to the edge of pavement that 15
feet or close a traffic lane, a Maintenance of Traffic plan must be submitted to the Local
Maintenance Engineer for approval prior to beginning construction and/or maintenance activities.
The permittee shall have Maintenance of Traffic certified personnel set up or supervise the set up and
operation of such Maintenance of Traffic devices at the project site.
8. The Department will require the Local Government to cease operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part ofthe Local
Government or representatives of the Local Government violate the conditions or intent of this
agreement as determined by the Department.
9. It is understood between the parties hereto that any or all of the Project may be removed,
relocated or adjusted at any time in the future as determined to be necessary by the Department in
order that the adjacent state road be widened, altered or otherwise changed to meet with the future
criteria or planning ofthe Department. The Local Government shall be given notice regarding such
removal, relocation or adjustment and shall be allowed sixty (60) calendar days to remove all or part
of the Project at its own cost. After the sixty (60) calendar day removal period, the Department may
remove, relocate or adjust the Project as it deems best. Wherever the Local Government is entitled
to remove vegetation pursuant to this paragraph, the Local Government shall restore the surface of
the affected portion ofthe project premises to the same safe condition as it was before installation of
such vegetation. The restoration expected shall consists of grading and filling holes and indentations
caused by the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed
area.
10. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, ifthe City fails to perform its maintenance responsibilities under
this Agreement, following fifteen working days written notice.
(b) By the City following sixty calendar day's written notice.
(c) By the Department following sixty calendar day's notice.
-3-
11. In the event this Agreement is terminated in accordance with lO(a) or 1O(b) above, the
Department may, at its option, proceed as follows:
(a) Maintain the Project or a part thereof with Department forces or private contractors
and charge the City for the reasonable costs of such work; or
(b) Remove or restore the Project or a part thereof with Department forces or private
contractors and charge the City for the reasonable costs of such work.
In the event this Agreement is terminated in accordance with 1 O( c) above, the Department
may remove, relocate or adjust the Project, as it deems best.
12. To the extent provided by law, the City shall indemnify, defend, and hold harmless the
Department and all of its officers, agents and employees from any claim, loss, damages, cost, charge,
or expense arising out of any act, error, omission, or negligent act by the City, its agents, or
employees, during the performance ofthe Agreement, except that neither the City, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense
arising out of any act, error, omission, or negligent act by the Department or any of its officers,
agents, or employees during the performance of the Agreement.
When either party receives notice of a claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will immediately
forward the claim to the other party. Each party will evaluate the claim, and report its findings to
each other within fourteen (14) working days and jointly discuss options in defending the claim. A
party's failure to promptly notify the other of a claim will not act as a waiver of any right herein.
13. The Department's District Secretary shall decide all questions, difficulties, and disputes of
any nature whatsoever that may arise under or by reason of this Agreement, the prosecution, or
fulfillment of the service hereunder and the character, quality, amount, and value thereof; and his
decision upon all claims, questions, and disputes shall be final and conclusive upon the parties
hereto.
14. This Agreement embodies the entire agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
15. This Agreement may not be assigned or transferred by the Local Government, in whole or in
part without consent of the Department.
16. This Agreement shall be governed by and construed in accordance with the laws ofthe State
of Florida.
-4-
17. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex or
telegram:
(a) If to the Department, address to 11201 North Malcolm McKinley Drive, Tampa,
Florida 33612, or at such other address as the Department may from time to designate
by written notice to the Local Government; and
(b) If to the Local Government address to Mike Quillen. PE. City Engineer. City of
Clearwater. 100 S Myrtle St. Clearwater. FL 33756 (phone 727 562-4750) or at such
other address as the Local Government from time designates by written notice to the
Department.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands requests and other instruments.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
City of Clearwater
a political subdivision of
the State of Florida
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name: Bill Home
Title: City Manager
By:
Kenneth A. Hartmann, P .E.
District Secretary, District Seven
Attest:
Title:
Attest:
(SEAL)
Executive Secretary
(SEAL)
As to form:
As to form:
Title:
Office of the General Counsel, District 7
-5-
EN6 - 2-
II '-'\
City Council
'W""~~g"~!:!""~,~..,~~~~rJ1~mora nd ~!!!,'w
Tracking Number: 940
Actual Date: 11/18/2004
Subject / Recommendation:
Approve a work order to Parsons Water & Infrastructure, Inc., in the amount of $324,310 for
engineering design services related to the Chloride Monitoring Well Implementation Project
(04-0029-UT), and that the appropriate officials be authorized to execute same.
Summary:
The City has requested the services of Parsons Water & Infrastructure Inc. to investigate
modifying the City's water use permit (WUP) in support of raising the chloride cap of 250
milligrams per liter for each production well; a cap currently imposed by the Southwest Florida
Water Management District. Raising the limit of the chloride cap is essential to continue current
pumping rates for existing wells at Reservoirs 1 and 3 as well as for developing new
groundwater sources for future water production projects.
The Chloride Monitoring Well Implementation Project is the first project to be initiated from the
Capital Improvements Projects recommended in the Potable Water System Infrastructure
Assessment and Capital Improvements Implementation Plan, recently completed by Parsons. If
successful in raising the chloride cap, the City stands to gain from being more self-sufficient in
potable water production, reducing the amount of more expensive potable water purchased from
Pinellas County.
This Work Order covers tasks that are the first part of a project that will span over a three-year
period. Subsequent phases of the overall larger project will be authorized by separate work
orders presented for Council approval and will cover those tasks to be accomplished in the
corresponding fiscal year.
A Preliminary Assessment Report will be developed outlining all relevant issues pertinent to the
hydrogeologic conditions the City contends with in withdrawing fresh groundwater from the
Floridan aquifer. A policy and/or ordinance review will be completed and a mitigation plan
prepared to address those permitted and non-permitted well-users within the City who may be
impacted by additional groundwater withdrawal by the City. A presentation will be made to
SWFWMD outlining the goals and objectives of the overall project. The last task in this phase
will involve defining the preferred well sites and begin obtaining rights to construct, own,
operate and ma
City Council
@@@ Ag~!:!<~a ~~!~!"e"@~emora"!!~~~!:.I~!!I~
intain monitoring well facilities on those selected sites.
It is anticipated that the objectives of this phase of the project will be accomplished in 365 days.
The overall project cost, over three years, is expected to be $1,210,728.00, the first
$324,310.00 of which is associated with this work order.
A first quarter amendment will transfer $124,310.00 of budget and water revenue from
0315-96739, Reclaimed Water Distribution, to 0315-96763, Wellfield Expansion and
$200,000.00 of budget and water revenue from 0315-96739, Reclaimed Water Distribution, to
0315-96764, RO Plant Expansion Reservoir #1.
Parsons is one of the City's Engineers-of-Record, and this work order was negotiated in
accordance with the Consultants Competitive Negotiations Act.
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 Hearina: No
Financial Information:
~ Capital Expenditure
Bid Reauired? No
Bid Exceptions:
Sole Source
Budget Adjustment:
Yes
Budaet Adiustment Comments:
See summary section
Total Cost:
$324,310.00
Appropriation Code(s)
0315-96763-561300-533-000
0315-96764-561300-533-000
Amount
$124,310.00
$200,000.00
Comments
See summary section
See summary section
City Council
^~<~~,,~g~!!"~!<<w<~!>ver ~~.~<.~,ra nd ~Jn~~<~^
Review Approval
Glen Bahnick 10-21-2004 13:01:06
Brvan Ruff 10-25-2004 10:02:00
Bill Horne 11-05-2004 08:45:52
Michael Quillen 10-22-2004 14:20:02
Cvndie Goudeau 11-05-2004 08:55:02
Tina Wilson 10-25-2004 07:58:33
Garry Brumback 11-02-2004 10:26:03
A NOT TO SCALE
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Reservoir
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CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
Date: November 5, 2004
Project Number:
City Project Number: 04-0029-UT
1. PROJECT TITLE: Chloride Monitoring Well Implementation Project
2. SCOPE OF SERVICES:
The City of Clearwater (CITY) has requested the services of Parsons Water &
Infrastructure Inc. (PARSONS) and its subcontractors SDI Environmental Services, Inc.
(SDI), American Acquisition Group, Inc. (AAG) and George F. Young, Inc. (GFY) to
investigate modifying the CITY's water use permit (WUP) in support of raising the
chloride cap of 250 milligrams per liter (mg/L) for each production well, as currently
imposed by the Southwest Florida Water Management District (DISTRICT). Raising of
the chloride cap is essential to continue current pumping rates for existing wells at
Reservoirs 1 and 3 as well as for developing new groundwater sources for future water
production projects.
This project will span over a three year period. Tasks have been divided into the following
three phases with each phase corresponding to the CITY's fiscal year.
Phase Fiscal Year Tasks
Phase 1 2004 / 2005 Tasks 1.0, 2.0, 3.0 and 4.0
Phase 2 2005 / 2006 Tasks 5.0, 6.0, and 7.0
Phase 3 2006 / 2007 Tasks 8.0, 9.0, 10.0, 11.0
Authorization under this Work Order is only for Phase 1 corresponding to Fiscal Year
2004-2005. Phases 2 and 3 will be authorized under a separate work order by the CITY
prior to each fiscal year.
TASK 1.0 - PRELIMINARY INVESTIGATION:
Task 1.1 Update Assessment of Chloride Trends
Primary Responsibility: SDI
Historical water quality data from CITY's production wells and monitor wells, as
well as DISTRICT and U.S. Geological Survey monitor wells will be updated and
reviewed to assess the lateral and vertical movement of chlorides and the current status of
water quality conditions in the CITY's production wells in the vicinity of the CITY's
wellfield. Available documents will be reviewed to assess DISTRICT studies on water
quality in the vicinity of the CITY's wellfield. This information will then be used to
select three production well sites with rising chloride trends, for monitoring the vertical
1 of 19
and lateral extent of chloride concentrations. Final monitor well locations will be
selected as dictated by site availability.
Task 1.2 Identification and Evaluation of Existing Users
Primary Responsibility: SDI
The DISTRICT may not consider changes to the current permitted chloride caps
without changes in CITY policy concerning private wells (wells without water use permits).
SDI has obtained the DISTRICT database for private wells within the CITY. Information in
the database will be used to summarize the number, location, and well construction of
private domestic and agricultural wells in the vicinity of current and proposed CITY
production wells. Information about the location, owner and permitted quantities of existing
Water Use Permits (WUPs) in the vicinity of Reservoirs 1 and 3 will be obtained. The
planned timing of the CITY's reuse program implementation will also be reviewed. This
information will be considered in the site selection for additional production wells and water
quality monitoring wells. This information may also be used in the development of a water
quality-monitoring plan and in technical documentation for the permit modification support
Task 1.3 Groundwater Modeling
Primary Responsibility: SDI
As part of the permit modification support, SDI will utilize the existing SWIFT
numerical mass transport model of the Clearwater well field to evaluate the potential
extent of changes in groundwater quality in surrounding private wells and monitor wells
associated with increased wellfield pumping. Additional post-processing of existing
model scenarios will be done to evaluate the spatial effects of upconing of chlorides on
groundwater quality in the vicinity of the well field. No additional model calibration will
be done. This information will be used in the consideration of additional production and
monitor well locations, and to assess impacts to existing private wells.
Task 1.4 Identify and Review Relevant Reports from Clearwater, Other Utilities
and State/Local Agencies
Primary Responsibility: PARSONS
A database and library (as available) of relevant reports previously prepared for
Clearwater, Tampa Bay Water, Pinellas County and the Cities of Belleair, Oldsmar and
Dunedin will be developed and the reports will be reviewed in general, and relevant
references will be provided to support the request for permit modification.
Task 1.5 Prepare Preliminary Assessment Report
Primary Responsibility: SDI and PARSONS
A preliminary assessment report will be prepared, to include:
. The results of Task 1 preliminary investigations;
. Outline of the hydrogeologic concepts relevant to a groundwater
monitoring plan;
. The groundwater monitoring plan itself, with proposed monitoring well
locations;
. Monitoring and testing parameters;
. Groundwater modeling methods and software to be used; and
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. Estimated project schedule.
It is assumed that the CITY has an established field sampling protocol and no
other protocols will need to be developed or provided. This report will be submitted to
the CITY for review. Once approved by the CITY, the results of the report will be
presented to DISTRICT staff in a meeting for comments and guidance prior to
implementation. Modifications will be made to the plan if necessary, based on
DISTRICT comments, prior to the report being finalized, to ensure the monitoring plan is
focused to develop the additional data needed for the water use permit modifications.
TASK 2.0 - POLICY MODIFICATIONS AND MITIGATION PLANNING
Task 2.1 Policy Review
Primary Responsibility: PARSONS and SDI
Current City policies with respect to the development of private wells shall be
reviewed and summarized in a Technical Memorandum. In addition, other local agency
policies including Pinellas County, Tampa Bay Water, and Cities of Oldsmar, Belleair
and Dunedin will also be reviewed as background information to support possible
changes of City policies as described in Task 2.2.
Task 2.2 Policy Modifications
Primary Responsibility: PARSONS and SDI
Possible changes to City policies with respect to limiting the development of new
private wells shall be evaluated and summarized in a draft and final technical
memorandum prepared and submitted to CITY staff. This evaluation will be based on
perceived effects existing new private well users may have on limiting the CITY's ability
to develop and permit new production wells and the effects new private well users may
have on production well water quality. In addition, other local agencies including
Pinellas County, Tampa Bay Water, and Cities of Oldsmar, Belleair and Dunedin will be
consulted for background information to further support this task.
Task 2.3 Mitigation Plan for Existing Users
Primary Responsibility: PARSONS and SDI
A draft and final proposed mitigation plan shall be prepared for submittal to CITY
staff that describes the potential conditions and sequence of steps which the CITY could
follow in mitigating for the effects of lowered Floridan aquifer levels and increased
salinity on existing legal, private well users as a result of raising the CITY's overall
production well capacity. An initial workshop meeting has been included to review
gathered information and discuss the outline of the mitigation plan. In addition, other
local agencies including Pinellas County, Tampa Bay Water, and Cities of Oldsmar,
Belleair and Dunedin will be consulted for background information to further support this
task.
3 of 19
TASK 3.0 - DISTRICT MEETING:
Primary Responsibility: PARSONS and SDI
A presentation will be prepared and presented to the DISTRICT that outlines the
goals, objectives and plan for monitoring existing production wells to determine the
lateral influence upconing of chloride levels may have on existing legal, private well
users as a result of increased pumping. A debriefing meeting is scheduled soon after this
presentation to discuss comments provided by the DISTRICT and to determine what
course of action should be taken as a result of this presentation.
TASK 4.0 - LAND ACQUISITION ASSISTANCE (FY 2004/2005):
Because the acquiring of land for monitoring wells may take longer then the time
remaining in FY 2004/2005, this task has been divided between Task 4.0 and Task 5.0
with approximately one half of the schedule and one half of the budget evenly divided
between each of the years. The subtasks listed under Task 5.0 would be the same as
listed under Task 4.0 and would continue as needed into FY 2005/2006.
Task 4.1 Site Research and Acquisition Negotiations (FY 2004/2005):
Primary Responsibility: AAG
Upon identification by the CITY of defined area of research for up to twelve (12)
monitoring well sites, AAG will seek within said area to secure interest of ownership for
as many sites to transact with the CITY. This will include services of field inspection to
identify potential sites, public record review, confirmation with the CITY of proposed
sites, and preliminary discussion with a property owner of each site to determine interest
to transact with the CITY for a monitoring well site. This could include meeting up to 24
property owners within the City of Clearwater to locate willing parties with sufficient
amount of property to meet the twelve (12) monitoring well site requirements.
Upon defining interested parties to commence negotiations for acquisition of well
sites by lease, permanent easement, or fee, services include the following:
1. Obtaining a title report (by AAG). Commitments for title policies can be issued, if
required by the CITY
2. Preparation of data book by State Certified General Appraiser.
3. Determination of value to be offered to property owners, with prior approval by the
CITY. Offers will be done by AAG through comparable sales in the approved data
book for support, unless a full appraisal report is required by the CITY due to
complexity of the appraisal, or for eminent domain. Any and all appraisals required
by the CITY will be in conformance with all Uniform Standards of Professional
Appraisal Practice (USP AP) requirements.
4. Acquisition negotiations for lease, easement or fee will include offer and subsequent
contacts with the property owner and/or their representative.
5. Agreements will be secured and submitted to the CITY for approval, or
4 of 19
recommendations will be made for unsuccessful negotiations that will require
submittal of suit information for eminent domain, or to begin replacement with a
new site.
6. Closings will be handled by AAG.
7. Weekly status reports to the CITY for negotiations and weekly status meetings.
If eminent domain is required, the scope of services will include:
1. Establish and maintain an accurate and complete working file for each parcel
utilizing the CITY's numbering system, while transmitting all original
documentation to the CITY's Project Manager upon completion of the file by
closing or Order of Taking. All written material must be typed or legibly printed or
handwritten.
2. Review of title searches with confirmation with the property owner, and
corroborating any discrepancies through CITY property tax rolls and any other
necessary and available records.
3. Review of right of way maps and construction plans provided by the CITY.
4. Notify affected parties (owners and business tenants) of rights to appraisal and/or
business damage reports pursuant to Florida Statutes. AAG will be responsible for
obtaining correct mailing addresses for owners/business tenants. The letters, which
will be sealed and ready to send, will be brought to the CITY for mailing. Various
internal lists/memos will also be required.
5. Make follow-up contacts in person or by telephone to owners/business tenants
notified to ensure receipt of letters, answer questions and/or explain the contents of
the letters, whenever necessary.
6. Verify that legal descriptions, right of way maps, and appraisals conform and
correspond.
7. Make contacts prior to initiation of negotiations, to the extent possible, to obtain
subordinate interests of lien holders and tenants and to provide information to
property owners and displaced persons as necessary.
8. Initiate negotiations by making purchase offers based on the approved appraisal. An
offer to acquire an uneconomic remainder and/or retention of improvements may be
necessary. The first offer is to be made as soon as possible upon approval of the
CITY of the offer amount.
9. Issue all applicable notices in accordance with State and Federal policies and
procedures.
5 of 19
10. Conduct negotiations for the acquisition of each parcel in accordance with all CITY
policies and procedures, making a thorough effort to obtain negotiated
settlements/purchases. Unless dictated by extenuating circumstances at least three
contacts should be made prior to suit submittal, unless otherwise instructed by the
CITY.
11. Provide thorough documents of all contacts with property owners and/or their
representatives on appropriate contact records, forms and correspondence.
12. All counteroffers made to the property owner or their representative must be made in
writing.
13. Comply with current eminent domain procedures with respect to condominium
common elements pursuant to current procedures in the FDOT Right of Way
manual.
14. Follow Chapter 7, Section 14 ofthe Florida Department of Transportation's Right of
Way manual. Review the potential hazardous materials report, provided with Task
2.5 Phase I Environmental Audit. Based on this report, advise of the parcels with
contamination as well as the type and level.
15. Make updated offers in accordance with CITY Procedures.
Task 4.2 Settlement and Closing Services (FY 2004/2005):
Primary Responsibility: AAG
AAG shall provide the following closing services as needed:
1. Receive counteroffers from property owners or their representatives for
consideration by the CITY. The CITY will define who has final authority for
approval of all settlements submitted by consultants.
2. When appropriate, prepare justification and recommendations for administrative
settlements and submit such recommendations to the CITY for further handling.
3. Conduct all necessary closings, including closing with the owner of tenant-owned
improvements/Outdoor Advertising Sign (ODA) structure, and all related
activities including: providing an updated title search, satisfaction of all liens and
encumbrances, recording of all title documents, collection and payment of
prorated real estate taxes and execution of IRS Form 1099S. AAG will follow
CITY procedures regarding closings as well as FDOT procedures.
6 of 19
Task 4.3 Appraisals (FY 2004/2005):
Primary Responsibility: AAG
Sites or easement values will be appraised, and prices for monitoring well
easements or property purchase will be determined and used in negotiating with owners
or their representatives.
Task 4.4 Legal Descriptions and Boundary Survey (FY 2004/2005):
Primary Responsibility: GFY
The legal description and sketch will be provided based on a Field Survey. A
metes and bounds description will be prepared for section breakdown and/or acreage
parcels. Section boundaries will be surveyed in order to establish landlines. The CITY
will provide'support data and necessary title work in order to supply the parent legal
description and existing easements of record.
A boundary survey shall be prepared of a section breakdown and/or acreage
parcel, and map visible improvements only for the project site. The boundary survey does
not include digging, probing, excavation by hand or machine or subsurface exploration
for any underground improvements. These services will be performed once the sites have
been acquired. In addition, this scope does not include the mapping of any utilities or
improvements from plans, maps, atlases, etc. No mapping or comer monument
placement will be performed on off-site easements, if any monument exists in said
easement. The survey will be performed to comply with Florida laws governing
surveying and mapping. CITY will provide support data and necessary title work in
order to supply the parent legal description and existing easements of record.
Task 4.5 Phase I Environmental Audit (FY 2004/2005):
Primary Responsibility: GFY with SDI review and coordination
A Phase 1 Environmental Audit of each selected site will be conducted prior to
final negotiation with the owners in accordance with ASTM Standard E1527-00 to
determine possible sources of contamination that could affect the construction of the
monitoring well.
TASK 5.0 - LAND ACQUISITION ASSISTANCE (FY 2005/2006):
Task 5.0 extends upon the land acquisition assistance services provided during FY
2004/2005. For estimating purposes, approximately one half of the schedule and one half
of the budget have been allocated to each fiscal year for providing the CITY with these
services. The same subtasks as listed under Task 4.0 would continue to be performed
during Task 5.0 as indicated.
Task 5.1 Site Research and Acquisition Negotiations (FY 2005/2006):
Primary Responsibility: AAG
Services provided are a continuation of the services described under Task 4.1.
Task 5.2 Settlement and Closing Services (FY 2005/2006):
Primary Responsibility: AAG
Services provided are a continuation of the services described under Task 4.2.
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Task 5.3 Appraisals (FY 2005/2006):
Primary Responsibility: AAG
Services provided are a continuation of the services described under Task 4.3.
Task 5.4 Legal Descriptions and Boundary Survey (FY 2005/2006):
Primary Responsibility: GFY
Services provided are a continuation of the services described under Task 4.4.
Task 5.5 Phase I Environmental Audit (FY 2005/2006):
Primary Responsibility: GFY with SDI review and coordination
Services provided are a continuation of the services described under Task 4.5.
TASK 6.0- MONITORING WELL DESIGN AND BIDDING DOCUMENTS
Primary Responsibility: PARSONS, SDI and GFY
It is anticipated that three monitor wells in Production Zone A near selected
production wells will be needed to delineate the potential extent of the influence of CITY
production wells on upconing as conceptually shown below. Based on preliminary
investigations of recent chloride trends, candidate sites for further monitoring are
production wells 56 and 77 at Reservoir 3 and production well 74 at Reservoir 1.
MONIT OR
PRODUCTION WELL
WELL S
DUAL raNI
MONITOR WELL
SID
MONITOR
WELL
D
INO:REASING O:HLORIDE
~QN~ENTRATIQN AT DEPTH
The monitoring wells would be installed in Production Zone A and final casing
and total depths for each site would be based on the selected production well's
construction and typical private well construction in the vicinity of the selected
production well. The figure below illustrates the conceptual monitor well configuration
for assessing upconing. For cost estimating purposes, one shallow well (S), one dual
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zone monitor well (S and D), and one deep well (D) at three separate sites are proposed to
monitor the extent of up coning in the vicinity of existing CITY production wells.
It is assumed that existing monitor well data and modeling results can be used to
address the issue of lateral changes in chloride concentrations in the vicinity of the
Clearwater well field. However, one additional dual zone monitor well is also included in
the estimated cost in the event the DISTRICT requires an additional site to delineate the
lateral movement of chlorides in the vicinity of the CITY's wellfield.
Drawings, specifications, and subcontract documents for drilling and construction
of monitoring wells will be prepared for the CITY for review. Drawings shall be
prepared in accordance with the City of Clearwater's format requirements as described in
Attachment "A". Technical specifications shall be provided for one bidding package for
Driller bidding.
For preparation of site plans, each acquired site will be surveyed to identify
relevant features (i.e., trees, culverts, etc.), above and below ground utilities and the
location of the proposed well. The locations of these will then be included in the
prepared site plans.
PARSONS shall prepare and submit for review by the City 6 sets of drawings and
specifications and estimated probable costs for review of the 90 percent and Final
designs. CITY comments will be incorporated as technically applicable.
TASK 7.0 - PROCUREMENT OF DRILLING SERVICES
Primary Responsibility: PARSONS and SDI
This task includes advertisement to 3 qualified drillers, issuance of subcontract
documents with request for bids, review of bids, and award and execution of subcontract.
TASK 8.0 - MONITORING WELL CONSTRUCTION
Primary Responsibility: Selected Driller
Oversight: SDI and PARSONS
This task includes drilling subcontract management and inspection of drilling and
well construction during an estimated construction period of 3 months. SDI will monitor
the drilling activities during the installation and testing of monitoring wells, describe rock
cuttings, and interpret geophysical logs. It is assumed for cost estimating and scheduling
that only one drill rig will be used, and that the drilling and testing program will be three
months in duration. There will be saving in time if more than one drill rig is used
concurrently.
TASK 9.0 - MONITORING WELL SAMPLING AND ANALYSIS SUPPORT
Primary Responsibility: SDI
Note: Actual sampling and analysis to be performed by CITY
Consultation and oversight concerning testing requirements, outside testing
laboratory selection (if needed), and any needed ongoing modifications to the testing
program will be provided during the sampling and testing period. It is assumed that the
CITY has written protocols for field sampling and no other protocols will need to be
developed or provided. Sampling shall begin following completion of the monitoring
wells and continue on a quarterly basis during the data gathering period in the permit
9 of 19
modification process. The raw data from the quarterly sampling events will be plotted
and reviewed for quality assurance during the monitoring program.
TASK 10.0 - REPORT ON DRILLING AND MONITORING WELL ANALYSIS
Primary Responsibility: SDI
The results of drilling, well construction, and initial sampling of the monitoring
wells will be summarized in the first section of a well drilling and monitoring well data
and analysis report. SDI will prepare a second section of the report summarizing the data
and analyses to be used in support of the permit modification. It is anticipated that the
extent of the information required by the DISTRICT for the permit modification will be
determined during pre-application meetings. Additional modeling and results under Task
1.3 will also be provided as determined and needed according to monitoring well data
obtained.
TASK 11.0 - PERMIT LETTER MODIFICATION APPLICATION AND
REGULATORY SUPPORT
Primary Responsibility: SDI and PARSONS
A pre-application meeting to present the results of the monitoring well program
will be held with the DISTRICT to present the results of modeling, hydrogeological
analysis, and water quality sampling. Following the meeting, an application for a water
use permit modification will be prepared for execution by the designated Clearwater
representative, with periodic follow-up to monitor progress of review by the DISTRICT.
Two other meeting with the DISTRICT to respond to requests for additional information
(RAIs) are also planned. The specific activities required for these RAIs are unknown at
this time. Allowance has been made for senior management review ofRAI's to determine
the scope and cost involved to respond. For responses that may require significant effort,
these will only be undertaken when authorized in writing by the CITY.
100f19
TASK 12.0 - PROJECT MEETINGS
Responsibilities: PARSONS, SDI, AAG, as appropriate.
Project meetings with the CITY are budgeted as follows by firm, including preparation,
attendance, and documentation:
Firm Number of Project Estimated Staff-Hours
Meetings
PARSONS 14 150
SDI 12 90
AAG 4 60
These do not include the two meetings with the DISTRICT as described under Tasks 3 and
11.
Services (not included) to be negotiated and authorized separately as needed:
. Additional meetings and presentations with the DISTRICT, public or
commISSIOners.
. Additional time to respond to permit modification RAI's beyond that specified under
Task 11.
. Prepare written field sampling protocol.
. Prepare maintenance of traffic plans
. Evaluation of the impact contaminants identified from Phase I Environmental Audits
may have on existing production wells, or proposed and existing monitoring wells
. Preparation oflega1 support and support of any lawsuit for land acquisition
3. PROJECT DELIVERABLES:
The deliverables for this project include:
. Draft and Final Preliminary Assessment Report
. 90% and Final Monitoring Well Design Drawings and Specification Bid Documents
. Well Drilling and Monitoring Well Data Analysis Report
. Draft and Final Policy Modification Memorandum
. Draft and Final Proposed Mitigation Plan for Legal Existing Users
. Draft and Final Letter Modification Application
. Two responses to RAIs.
11 of19
4. BUDGET (ENGINEER'S COMPENSATION):
The engineering fee estimate for this project is summarized by Phase, Task and Reservoir
in the following table.
Fee Estimate Fee Estimate
Phase Fiscal Task Reservoir Reservoir Total
Year No.1 No.3
1 200412005 1.0 $64,897 $40,337 $105,234
2.0 $48,706 $30,274 $78,980
3.0 $12,138 $7,544 $19,682
4.0 $74,259 $46,155 $120,414
Sub-Total $200,000 $124,310 $324,310
2 2005/2006 5.0 $74,776 $45,638 $120,414
6.0 $108,038 $65,938 $173,976
7.0 $17,185 $10,489 $27,674
Sub-Total $200,000 $122,064 $322,064
3 200612007 $84,059 $390,333 $474,392
$1,772 $8,226 $9,998
$4,454 $20,684 $25,138
$9,715 $45,111 $54,826
Sub-Total $100,000 $464,354 $564,354
Project Total $500,000 $71 0,728 $1,210,728
The fee estimate has been divided between Reservoir No.1 and No.3 according to the
CITY's Capital Improvements Plan (CIP) budget. A breakdown of the estimated cost by
task is provided in Attachment B. The total estimated budget for investigation services is
$1,211,000. This work order authorization is for Phase I services only at an
estimated budget of $324,310. This price includes all labor and expenses anticipated to
be incurred by Parsons Water & Infrastructure Inc. and its subcontractors for the
completion of Phase 1 services, on a Time and Expense basis, not to be exceeded
without further written authorization from the CITY. Drilling costs which are incurred
during Phase 3 will be defined after receipt of bids and selection of the drilling company,
and estimated costs for drilling provided in this work order will be adjusted accordingly.
All permit application fees will be paid separately by the CITY.
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5. SCHEDULE:
Submittal of the permit modification letter(application) to the DISTRICT is expected to
occur 1000 calendar days from issuance of notice-to-proceed (NTP), allowing for a two-
week review period for the CITY for the 90 percent submittal and another two-week review
period for the CITY for the 100 percent submittal. The completion of project activities and
project deliverables are to occur as follows, contingent upon estimated schedules of
precedent activities.
Completion: Calendar
Deliverable or Activity Days after Notice to Proceed
(NTP)
Preliminary Assessment Report, 90% complete 120
Preliminary Assessment Report, 100% complete 160
District Presentation 170
Technical Memorandum, Policy Modifications and 270
Mitigation Plan for Existing Groundwater Users
Property Descriptions for Easement or Property Purchase 180
Land Acquisition Negotiations and Agreements As agreed with City Project
Manager during each Fiscal
Year
Monitoring Well contract documents, 90% complete 530
Monitoring Well contract documents, 100% complete 550
Drilling subcontract for CITY Approval 590
Monitoring Well Drilling NTP 710
Monitoring Well Construction Completion 790
Initial Water Quality Sampling Event 800
Second Water Quality Sampling Event 890
Report on Well Drilling and Monitoring Well Data 940
Analysis
Application for Permit Modification for CITY Signature 1000
and Submittal
First Response to Request for Additional Information 1070
Second Response to Request for Additional Information 1110
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6.
STAFF ASSIGNMENT (Consultant):
Loren Furland, P.E. (PARSONS)
Tory Champlin, PhD, P.E. (PARSONS)
Cathleen Jonas, P.G. (SDI)
Project Director
Project Manager
Project Hydrogeologist
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant's project correspondence shall be directed to Tory Champlin, PhD, P.E., with
copies to Cathleen Jonas, P.G., when relevant All CITY project correspondence shall be
directed to Robert Fahey, E.!., with copies to Lisa Murrin, P.E., Andy Neff, P.E. and
others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attn: Marty Pages, 100 S.
Myrtle Ave., #220, Clearwater, Florida 33756-5520 or P. O. Box 4748, Clearwater,
Florida 33758-4748, for work performed. Invoices will be prepared monthly on a time
and expense basis, and in accordance with a progress report to be provided with each
invoice and the City Invoicing Codes listed below. Contingency services will be
performed only after written authorization is provided by the CITY to proceed with such
services and will be billed monthly as incurred.
City Invoicing Codes:
Reservoir No.
Reservoir No.1
Reservoir No.3
. Invoice Code
Total Amount
0315-96764-561300-533-000-0000
0315-96763-561300-533-000-0000
$200,000
$124,310
9. ENGINEER CERTIFICATION:
Parsons Water & Infrastructure, Inc. will certify as a licensed Professional Engineer,
registered in accordance with Florida Statute 471 (481), that the above referenced final
project documents will meet or exceed all applicable design criteria specified by CITY
municipal ordinance, State, and Federal established standards. Changes to such standards
after work order execution may constitute a change in scope of work. We understand that it
is our responsibility as the project's Professional Engineer to perform a quality assurance
review of these submitted documents to ensure that such documents meet quality standards
of the local industry.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
14 of 19
10. SPECIAL CONSIDERATIONS:
Not applicable
PREPARED BY:
Parsons Water and Infrastructure Inc.
Loren P. Furland, P.E.
Proj ect Director
Date
APPROVED BY:
Parsons Water and Infrastructure Inc.
S. Bijoy Ghosh
Vice President
Date
15 of 19
APPROVED BY:
Michael D. Quillen, P.E.
City Engineer
City of Clearwater
Date
u.
o
~
U~
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
A TT ACHMENT "A"
DELIVERABLE FORMAT
Attachment" A"
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing one ofthe 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
1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files
in digital format with all project data in Land Development Desktop (LDD) R1 or R2 format,
including all associated dependent files. When LDD 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 # NORTIDNG
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
16 of 19
the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony,
at (727)562-4762 or email addresstom.mahonv@c1earwater-fl.com
~ All electronic files must be delivered upon completion of project or with 100% plan submittal to
City of Clearwater.
17 of 19
u.
o
~
U~
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT "B"
ENGINEERING TASK FEE ESTIMATE
EXCEL SPREADSHEET
18 of 19
(insert Engineering Task Fee Estimate Excel Spreadsheet)
19 of 19
City Council
<~~,,~<~!l~~~~<~~~"Q.~~"!:~M~,!!!Q~!:a ~<!!..~..!!L.w~~,.~.....~w..
6N6 -3
1\ .S
Tracking Number: 953
Actual Date: 11/18/2004
Subject / Recommendation:
Award a contract for the Northeast Filter Rehabilitation and Marshall Street Blower Motor Control
Center Replacement Project (03-0066-UT) to TLC Diversified of Palmetto, FL, in the amount of
$2,395,705.00, which is the lowest responsive bid received in accordance with plans and
specifications, 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.
Work 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.
A first quarter amendment will transfer funds from 0343-96606 (THM Control) to 0343-96613
(NE Filter & MS Blower MCC Rehab) in the amount $639,000. A first quarter amendment will
transfer funds from 0315-96606 (THM Control) to 0315-96613 (NE Filter & MS Blower MCC
Rehab) in the amount of $56,705. These transfers will have sufficient budget and revenue
available in the 02 Water & Sewer Bond Construction Fund project, 0343-96613 and Capital
Improvement Program project, 0315-96613 NE Filter & MS Blower/MCC Rehab to fund this
contract.
A copy of the contract documents is available in the Office of Official Records and Legislative
Services for review.
Originating: Engineering
Section Consent Agenda
Cateaorv: Construction Contracts - Public Works Originating
Number of Hard Copies attached: 2
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? Yes
City Council
w~g~~,~..~"~ c~.~.~..r...~....~..!!!.~.r!..~.~..!!..!!!~....
Bid Numbers: 03-0066-UT
Budget Adjustment:
Yes
Budget Adjustment Comments:
See summary section
Total Cost:
$2,395,705.00
Appropriation Code(s)
0343-96613-563800-535-000
0315-96613-563800-535-000
Amount
$690,700.00
$1,705,005.00
Comments
See summary section
See summary section
Review Approval
Glen Bahnick
Georqe McKibben
10-26-2004 08:52:01
11-01-2004 10:26:01
11-04-2004 07:59:43
10-27-2004 10:03:38
11-03-2004 09:46:07
11-05-2004 08:43:27
10-27-2004 10:09:40
11-05-2004 08:59:24
Tina Wilson
Garry Brumback
Michael Quillen
Brvan Ruff
Bill Horne
Cyndie Goudeau
CA-l
/L b
City Council
@~~g~~~u~.<~OV~,!~,~,~.~Q!:~tl!!!!!~.~~u
Tracking Number: 929
Actual Date: 11/18/2004
Subject / Recommendation:
Authorize the City Attorney to institute a quiet title action to clear a cloud on the title of
property located at 1128 Palm Bluff Street, Clearwater, Florida, and owned by the City of
Clearwater. Legal Description: as to Lot 47, and if necessary Lot 48, Blk. F, Greenwood Park No.
2., Parcel No. 10/29/33552/006/0470.
Summary:
On December 17, 2003, the property located at 1128 Palm Bluff Street, Clearwater, Florida, was
escheated by County Deed to the City of Clearwater by Pinellas County, Florida, a political
subdivision of the State of Florida. The City has the opportunity to sell this property to a third
party who wants to develop the property. Stewart Title 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 lots (47 and 48) to American Housing
Corporation at its meeting on 8/5/04 and the contract was executed on 8/17/04. 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 47 in order to insure title to buyer.
Originating: City Attorney
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$200.00
I~__~__~___m
ater
City Council
,,@<<<@"~"~,~~~g.~,!!~"~~",,~~~~_"~,,<,,~ emora n ~,,~~_~@___@@___@___@~__._@@@"_____..
For Fiscal Year:
10/01/2004 to 09/30/2005
Review Approval
Pam Akin
Cvndie Goudeau
10-28-2004 10:36: 17
11-03-2004 15:48:56
Pu R -- \
Purchasing Memorandum
City Commission
11/18/2004
Agenda Number: 3174
IJ" 7
1 Agenda Item No: 11.1
Type:
Quantity:
Requesting Dept: Parks and Recreation
Using Dept: Parks and Recreation
Purchase contract
Bid Number or
Code Exception:
VendorInfo:
Clearwater Bid 03-05
Joswig Construction Inc., Largo, Florida
Description:
Joswig Construction Inc. - Concrete flatwork as needed at various locations throughout the city during the
period: November 19, 2004 through November 30, 2004, at a cost not exceed $350,000.
Comments:
Low bid.
Will be utilized at various Parks and Recreation facilities and grounds throughout the city.
Amount:
$ 350,000.00
Appropriation Code(s):
0315-93204-530300-572
Comments:
None
City Council
Cover Memorandum
FN- ,
12. I
Tracking Number: 951
Actual Date: 11/18/2004
Subject / Recommendation:
Pass on first reading Ordinance 7366-04 authorizing Gas System Subordinate Debt, to be issued
by Florida Gas Utility on the City's behalf as part of a gas supply arrangement with Public Gas
Partners,
Summary:
Clearwater Gas System (CGS) is a member of Florida Gas Utility (FGU), which is a not-for-profit
joint action agency made up of 22 Florida Governments. Clearwater currently has an All
Requirements Agreement with FGU, which obligates us to purchase 100% of our natural gas
supply through FGU.
FGU is entering into a Gas Production Sharing Agreement with Public Gas Utilities (PGP), which is
a Georgia non-profit corporation, consisting of multiple municipal agencies. PGP's objective is to
acquire and have a working interest in multiple gas wells. PGP will issue interim debt to pay the
costs of purchasing interests in the gas wells. Once the gas wells are obtained by PGP, PGP will
notify FGU of their percentage share of the costs to obtain the wells and FGU will issue debt to
pay FGU's share of the costs. FGU will then bill each of it's members their percentage share of
the annual debt costs. In addition to the debt costs, the costs of operating the wells will be billed
from PGP to FGU, and ultimately to the FGU members, including Clearwater. Each member of
PGP will then get their percentage share of the gas flowing from the wells, including FGU, who will
further allocate the gas to each of it's members, including Clearwater. As part of this agreement,
CGS will be obligated to pay their share of both the annual debt payment and the annual
operating costs even if the wells do not produce as anticipated.
This ordinance properly authorizes the undertaking of the PGP Gas Supply Agreement for the
portion of the agreement that could be treated as debt rather than operating expenses.
Clearwater Gas will pass the cost of it's share of this debt as well as the operating cost of CGS's
share of the operating costs of the PGP project to their gas customers as resale gas supply costs
under CGS's Purchased Gas Adjustment.
CGS's objective in participating in this PGP project is to diversity their gas supply in order to
stabilize and reduce the overall cost of gas supply for CGS's natural gas customers.
In addition to this ordinance, there will be a separate agenda item, which formalizes a gas supply
hedging policy, and another agenda item approving an agreement with FGU.
Originating: Finance
Section: Other items on City Manager Reports
Category: Bonding
Financial Information:
~ Other
Review Approval
Maraie Simmons
10-25-2004
14:18:24
City Council
""!",,gen,~,~=~co~,~,! Mem_~!:!!!~ L;I m __'''W''''4''"'''CWN&,'''''''"''_''''U'''''''''4W''#P''~'N'''N''.,,,,,",,_=%W,
Laura Lioowski 10-27-2004 16:07: 12
Garry Brumback 11-05-2004 13:32:39
Chuck Warrinaton 10-25-2004 16:32:07
Laura Lioowski 10-27-2004 16:10:24
Bill Horne 11-05-2004 23: 19:00
Cyndie Goudeau 11-05-2004 13:45:19
Sue Diana 11-08-2004 08:43:46
ORDINANCE NO. 7366-04
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF GAS
SYSTEM SUBORDINATE REVENUE OBLIGATIONS, AS
SUBORDINATE OBLIGATIONS OF THE CITY PURSUANT TO
THE CITY'S ORDINANCE NO. 5118-91, TO ACQUIRE OR
PURCHASE, DIRECTLY OR INDIRECTLY, GAS SUPPLY AND/OR
GAS PRODUCTION FACILITIES OR INTEREST THEREIN;
PLEDGING THE NET REVENUES OF THE SYSTEM TO SECURE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE
SUBORDINATE OBLIGATIONS IN ACCORDANCE WITH
ORDINANCE NO. 5118-91; PROVIDING FOR THE RIGHTS OF
THE SUBORDINATE HOLDERS OF SUCH OBLIGATIONS;
PROVIDING FOR THE PAYMENT THEREOF; MAKING CERTAIN
OTHER COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, as
follows:
SECTION 1. AUTHORITY FOR THIS ORDINANCE; ORDINANCE TO BE
SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II,
Florida Statutes, and other applicable provisions of law (the "Act") and Ordinance No. 5118-91, as
amended and supplemented (the "Original Ordinance"). This Ordinance is supplemental to the
Original Ordinance and all provisions of the Original Ordinance not supplemented, modified,
superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b) apply to
the Subordinate Obligations herein authorized, and (c) are incorporated herein by reference as if
fully set forth.
SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in
this Ordinance shall have the meanings specified in this section, and any capitalized terms not
defined herein shall have the meanings specified in Section 2 of the Original Ordinance. Words
importing singular number shall include the plural number in each case and vice versa, and words
importing persons shall include firms and corporations.
"Additional Subordinate Obligations" shall mean additional subordinate obligations issued
in compliance with the terms, conditions and limitations contained in the Original Ordinance and in
this Ordinance and which (i) shall have a lien on the Pledged Revenues subordinate to that of the
Bonds outstanding from time to time but on a parity with other Subordinate Obligations
1 Ordinance No. 7366-04
outstanding, (H) shall be payable from the Net Revenues subordinate to the Bonds but on a parity
with other Subordinate Obligations outstanding.
"Financial Instruments" shall mean an agreement entered into with respect to the purchase
or pricing of gas or other services provided under or as further described in a Gas Supply
Agreement, the purpose of which is to provide a hedge or other financial control of the price or
costs of gas to be supplied to the System over a period of time.
"Gas Supply Agreement" shall mean one or more agreements entered into from time to
time, pursuant to which the City, through the System, acquires an interest in, directly or indirectly, a
designated future supply of natural gas or natural gas production facilities, and may, but shall not
be required to, include one or more Financial Instruments.
"Issuer" shall mean the City of Clearwater, Florida.
"Reserve Requirement" for each series of Subordinate Obligations shall be as determined by
subsequent resolution of the Issuer. Unless otherwise specified, a series of Subordinate Obligations
shall not be subject to a Reserve Requirement. If a subsequent resolution imposes a Reserve
Requirement for a series of Subordinate Obligations, such Reserve Requirement shall not be in
excess of the lesser of (i) the Maximum Bond Service Requirement of the Subordinate Obligations,
(H) 125% of the average annual Bond Service Requirement of the Subordinate Obligations, or (Hi)
10% of the net proceeds of the Subordinate Obligations.
"Subordinate Holder" shall mean any person who shall be the holder of any registered
Subordinate Obligations or counterparty to a Gas Supply Agreement, as shown on the books and
records of the System. The Issuer may deem and treat the person in whose name any Subordinate
Obligation is registered as the absolute owner thereof for the purpose of receiving payment of, or on
account of, the principal or redemption price thereof and interest due thereon, and for all other
purposes.
"System" shall mean the complete gas system now owned, operated and maintained by the
Issuer, together with any and all assets, improvements, extensions and additions thereto hereafter
constructed or acquired.
SECTION 3. FINDINGS. It is hereby found, determined and declared that:
(A) The Issuer has heretofore enacted the Original Ordinance authorizing the issuance of
certain obligations to be secured by and payable from the Net Revenues, and providing for the
issuance of other obligations, upon the conditions set forth therein, to be payable from such Net
Revenues, which obligations shall be junior and subordinate in all respects to the Bonds outstanding
from time to time, as to lien on and source and security for payment from such Net Revenues.
2
Ordinance No. 7366-04
(B) The costs associated with the issuance of the Subordinate Obligation shall be deemed to
include legal expenses, fiscal expenses, rating agency fees, expenses for estimates of costs and of
revenues, accounting expenses, fees of financial advisors, accrued and capitalized interest,
provisions for reserves, and such other expenses as may be necessary or incidental for the financing
herein authorized.
(C) The Revenues are not pledged or encumbered in any manner except for the prior
payment from the Net Revenues of the principal of and interest on the Bonds outstanding from time
to time.
(D) The principal of and interest on the Subordinate Obligation and all required Sinking
Fund, Reserve and other payments shall be payable solely from the Net Revenues derived from the
operation of the System, as provided herein and in the Original Ordinance. The Subordinate
Obligations shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of
the faith, credit or taxing power of the Issuer, the State, or any political subdivision thereof, within
the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida, nor
any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem taxes on
any property to pay the principal of the Subordinate Obligation, the interest thereon, or other costs
incidental thereto or (2) to pay the same from any other funds of the Issuer except from the Net
Revenues, in the manner provided herein and in the Original Ordinance.
The Subordinate Obligation shall not constitute a lien upon the System, or any part thereof,
or on any other property of the Issuer, but shall constitute a subordinate lien only on the Net
Revenues in the manner provided herein and in the Original Ordinance, junior and subordinate to
the lien thereon in favor of the Bonds outstanding from time to time.
(G) The estimated Net Revenues to be derived from the operation of the System will be
sufficient to pay all principal of and interest on the Subordinate Obligation and the Outstanding
Bonds, as the same become due, and to make all required Sinking Fund, Reserve and other
payments required by this Ordinance and the Original Ordinance.
(H) The Original Ordinance, in Section 16(S) thereof, provides for the issuance of additional
obligations under the terms, limitations and conditions provided therein.
(I) The Issuer has complied with the terms, conditions and restrictions contained in the
Original Ordinance. The Issuer is, therefore, legally entitled to issue the Subordinate Obligation as
additional obligations within the authorization contained in the Original Ordinance.
0) The Subordinate Obligation herein authorized shall be junior and subordinate in all
respects to the Bonds outstanding from time to time, as to lien on and source and security for
payment from such Net Revenues.
3
Ordinance No. 7366-04
SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In consideration of the
acceptance of the Subordinate Obligation authorized to be issued hereunder by those who shall
hold the same from time to time, this Ordinance and the Original Ordinance shall be deemed to be
and shall constitute a contract between the Issuer and such Subordinate Holders. The covenants
and agreements herein set forth to be performed by the Issuer shall be for the equal benefit,
protection and security of the legal Subordinate Holders of any and all of the Bonds, all of which
shall be of equal rank and without preference, priority or distinction of any of the Bonds over any
other thereof, except as expressly provided therein and herein.
SECTION 5. AUTHORIZATION OF SUBORDINATE OBLIGATIONS. Subject and
pursuant to the provisions hereof, Subordinate Obligation are authorized to be issued from time to
time through the execution and delivery of a Gas Supply Agreement or otherwise in such form as
may be specified in a subsequent resolution of the Issuer adopted prior to the issuance of such
Subordinate Obligation (i) finance the acquisition or purchase, indirectly or directly, of gas supply
and gas production facilities; (ii) make a deposit to the Reserve Account in the Sinking Fund to
satisfy the Reserve Requirement (or to purchase a debt service reserve fund policy or surety, as
determined by resolution of the Issuer adopted prior to the issuance of any series of Subordinate
Obligation) and (iii) pay the costs of issuance of the Subordinate Obligation.
SECTION 6. DESCRIPTION OF SUBORDINATE OBLIGATION. Each Subordinate
Obligation shall be as described in a Gas Supply Agreement approved by the Issuer from time to
time, or as otherwise may be approved by subsequent resolution of the Issuer adopted prior to the
incurrence of a Subordinate Obligation.
SECTION 7. EXECUTION OF SUBORDINATE OBLIGATIONS AND FINANCIAL
INSTRUMENTS. Subordinate Obligations shall be executed in the name of the Issuer by its City
Manager and Mayor, attested by the City Clerk and approved as to form by the City Attorney, and
its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. Financial
Instruments shall be approved as to form by the City Attorney of the Issuer, and shall be executed
by the Issuer by the City Manager and the Mayor, and attested by the City Clerk. In case any officer
whose signature shall appear on any Subordinate Obligation or Financial Instrument shall cease to
be such officer before the delivery of such Financial Instrument, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes the same as if he had remained in office until
such delivery. Any Subordinate Obligation or Financial Instrument may be signed and sealed on
behalf of the Issuer by such person who at the actual time of the execution of such Subordinate
Obligation or Financial Instrument shall hold the proper office with the Issuer, although at the date
of enactment of this Ordinance such person may not have held such office or may not have been so
authorized.
SECTION 8. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. The
Subordinate Obligations and Financial Instruments herein authorized, shall for all purposes (except
as herein expressly provided) be considered to be subordinate obligations issued under the
4 Ordinance No. 7366-04
authority of the Original Ordinance, and shall be entitled to all the protection and security provided
therein for the Subordinate Obligation, and shall be in all respects entitled to the same security,
rights and privileges enjoyed by the Subordinate Obligation.
The covenants and pledges contained in the Original Ordinance shall be applicable to the
Subordinate Obligation herein authorized. The principal of and interest on the Subordinate
Obligation shall be payable from the Sinking Fund established in the Original Ordinance on a parity
with the Subordinate Obligation, and payments shall be made into such Sinking Fund by the Issuer
in amounts fully sufficient to pay the principal of and interest on the Subordinate Obligation and
the Subordinate Obligation as such principal and interest become due.
SECTION 9. APPLICATION OF SUBORDINATE OBLIGATION PROCEEDS. The
proceeds, including accrued interest and premium, if any, received from or deemed to be received
as a result of the undertaking of a Subordinate Obligation shall be applied by the Issuer in
accordance with the respective Gas Supply Agreement, Financial Instrument or as otherwise
provided by subsequent resolution adopted by the Issuer prior to the incurrence of such
Subordinate Obligation.
SECTION 10. SPECIAL OBLIGATIONS OF ISSUER. The Subordinate Obligation shall be
special obligations of the Issuer, payable solely from the Net Revenues as herein provided. The
Subordinate Obligations do not constitute an indebtedness, liability, general or moral obligation, or
a pledge of the faith, credit or taxing power of the Issuer, the State of Florida or any political
subdivision thereof, within the meaning of any constitutional, statutory or charter provisions.
Neither the State of Florida nor any political subdivision thereof nor the Issuer shall be obligated (1)
to levy ad valorem taxes on any property to pay the principal of the Subordinate Obligation, the
interest thereon or other costs incident thereto, or (2) to pay the same from any other funds of the
Issuer except from the Net Revenues, in the manner provided herein. The acceptance of the
Subordinate Obligation by the Subordinate Holders from time to time thereof shall be deemed an
agreement between the Issuer and such Subordinate Holders that the Subordinate Obligation and
the indebtedness evidenced thereby shall not constitute a lien upon the System, or any part thereof,
or any other property of the Issuer, but shall constitute a subordinate and junior lien only on the Net
Revenues, in the manner hereinafter provided. The Net Revenues shall be immediately subject to
the lien of this pledge without any physical delivery thereof or further act, and the lien of this
pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or
otherwise against the Issuer.
The payment of the principal of and the interest on the Subordinate Obligation shall be
secured forthwith by an irrevocable lien on the Net Revenues of the System, as defined herein,
junior and subordinate with the Outstanding Bonds and the Issuer does hereby irrevocably pledge
such Net Revenues of the System to the payment of the principal of and the interest on the
Subordinate Obligation, for the reserves therefor and for all other required payments.
5
Ordinance No. 7366-04
SECTION 11. COVENANTS OF THE ISSUER. The provisions of Section 16 of the Original
Ordinance shall be deemed applicable to this Ordinance and shall apply to the Subordinate
Obligations issued pursuant to this Ordinance as though fully restated herein.
SECTION 12. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHOUT
CONSENT OF SUBORDINATE HOLDERS. The provisions of Section 17 of the Original Ordinance
shall be deemed applicable to this Ordinance and shall apply to the Subordinate Obligations issued
pursuant to this Ordinance as though fully restated herein.
SECTION 13. AMENDMENT OF ORDINANCE WITH CONSENT OF SUBORDINATE
HOLDERS OF SUBORDINATE OBLIGATION. The provisions of Section 18 of the Original
Ordinance shall be deemed applicable to this Ordinance and shall apply to the Subordinate
Obligation issued pursuant to this Ordinance as though fully restated herein.
SECTION 14. DEFEASANCE. The provisions of Section 19 ofthe Original Ordinance shall
be deemed applicable to this Ordinance and shall apply to the Subordinate Obligations issued
pursuant to this Ordinance as though fully restated herein.
SECTION 15. TAX COVENANTS. To the extent any Subordinate Obligation is issued on a
basis that the interest portion to be paid thereunder is intended by the Issuer to be excluded from
gross income of the Subordinate Holders, the Issuer makes the following covenants:
(A) The Issuer covenants with the Subordinate Holders of the Subordinate Obligation
that it shall not use the proceeds of such debt in any manner which would cause the interest on such
debt to be or become includable in the gross income of the Holder thereof for federal income tax
purposes.
(B) The Issuer covenants with the Subordinate Holders of such of Subordinate
Obligation that neither the Issuer nor any person under its control or direction will make any use of
the proceeds of such Subordinate Obligation (or amounts deemed to be proceeds under the Code)
in any manner which would cause such Subordinate Obligation to be "arbitrage bonds" within the
meaning of Section 148 of the Code and neither the Issuer nor any other person shall do any act or
fail to do any act which would cause the interest on such series of Bonds to become includable in the
gross income of the Holder thereof for federal income tax purposes.
(C) The Issuer hereby covenants with the Holder of Subordinate Obligation that it will
comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds
from the gross income of the Holder thereof for federal income tax purposes, including, in
particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the
Code.
6
Ordinance No. 7366-04
SECTION 16. GOVERNMENTAL REORGANIZATION. The provisions of Section 21 of the
Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Subordinate
Obligation issued pursuant to this Ordinance as though fully restated herein.
SECTION 17. SEVERABILITY. If anyone or more of the covenants, agreements, or
provisions of this Ordinance should be held contrary to any express provision of law or contrary to
the policy of express law, though not expressly prohibited, or against public policy, or shall for any
reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and
void and shall be deemed separate from the remaining covenants, agreements or provisions of this
Ordinance or of the Bonds.
SECTION 18. REPEAL OF INCONSISTENT INSTRUMENTS. All ordinances or resolutions,
or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 19. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
enactment.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ENACTED
Brian J. Aungst, Sr.
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form
and legal sufficiency:
Pamela K. Akin
City Attorney
7
Ordinance No. 7366-04
pu - \
12.1-
City Council
~g~~.~.!~.~~~rJ~~~~m.~.r,~~~.~.!:!m
Tracking Number: 952
Actual Date: 11/18/2004
Subject / Recommendation:
Pass Ordinance No. 7321-04 on first reading increasing domestic, lawn water, and wastewater
collection utility rates by 7% effective October 1, 2005, with subsequent 6% increases to be
effective October 1, 2006, October 1, 2007 and October 1, 2008 and increasing reclaimed water
rates by 29.44% effective October 1, 2005, then metering reclaimed water and implementing
the proposed reclaimed water rates that are projected to result in a 29.44% increase to the
average reclaimed water customer effective October 1, 2006 followed by a 6% increase to those
reclaimed water rates effective October 1, 2007, and October 1, 2008,
Summary:
The utility rate increase is needed to provide funding to maintain compliance with debt service
coverage requirements supporting the continuation of capital improvement projects needed to
sustain the City's utility infrastructure. Infrastructure improvements are needed to maintain
compliance with federal regulations concerning water supply and treatment and the wastewater
collection system, maintain reliability of the water pollution control facilities due to age of the
infrastructure, and to expand the reclaimed water system. Master Plans have been completed for
all of the systems in Public Utilities and the capital improvements program has been revised to
meet future infrastructure needs.
The last rate increase effective March 1, 2001 provided a series of 7% increases over a 5-year
period applicable to water and wastewater rates only. The last rate increase in this approval
became effective October 1, 2004. These rates will remain in effect as approved.
Burton & Associates has completed a water, wastewater, and reclaimed water utility rate study
to cover 5 years of operations. The current study covers the period FY 2005 through FY 2009
and recommends increasing the existing reclaimed water rates in FY 2006, then adopting a new
reclaimed water rate structure to be implemented when the City is able to meter reclaimed
water, projected to be FY 2007. This would allow for improved equity between reclaimed water
customers and water and wastewater customers, since reclaimed water rates have not been
increased since 1998, whereas regular increases have been implemented to the water and
wastewater rates. This study recommends increasing reclaimed water rates by 29.44% in FY
2006, implementing new reclaimed water rates in FY 2007 that would result in an increase of
29.44% to the average reclaimed water customer, and applying subsequent 6% per year
reclaimed water rate increases thereafter (FY 2008 and FY 2009), thus aligning those reclaimed
water rate increases with
1__
City Council
..w....~..,.~B.~.~..~a..f~.~.~.r.,....~..~.m..~.!:~.~..~~!J ~,.w,.
the annual water and wastewater rate increases. By doing so, the overall water and wastewater
rate increases from FY 2006 through FY 2009 could be reduced to 6% annually instead of 7%, if
the proposed reclaimed water rates are not implemented.
Metering of reclaimed water and raising the reclaimed water rates as proposed, lowers the rate
of increase to all water and wastewater customers, allows the reclaimed water system to
become more self-sufficient over time, provides the possibility of retaining 50% S.W.f.W.M.D.
grant reimbursements on reclaimed water capital projects, and allows more customers to be
connected to the reclaimed water system over time, due to increased demand management.
Also factored into the rate study are continued wholesale potable water purchases from Pinellas
County at their suggested increased rates. These rates increase from the present $2.30/1000
gallons to $3.18/1000 gallons over the timeframe of the study. The last two years reflect
information from the County indicating 7% per year wholesale potable water rate increases, due
to the County's proposed blending plant, following 3 years of 10% annual increases.
Included in the ordinance changes are user fee schedule changes to align cost of providing
particular services with actual expenses. Some fees were added, some were raised and some
we lowered based on current costs.
A rate restructuring study is also currently underway by Burton & Associates reviewing the water
and wastewater rate structures.
A copy of the Water & Wastewater FY 2004 Revenue Sufficiency Analysis final Report and the
Report on Reclaimed Water Cost and Usage are available in the Official Records and Legislative
Services office for review.
Oriqinating: Public Utilities
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Financial Information:
Review Approval
Andv Neff 10-25-2004 15:49:00
Garrv Brumback 11-04-2004 07:57:52
Leslie Douaall-Sides 10-26-2004 16:48:09
Bill Horne 11-05-2004 08:42:24
Cyndie Goudeau 11-05-2004 08:58:28
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:
Section 1. Chapter 32. Article IX. Reclaimed Water System. Section 32.352.
Definitions. Clearwater Code of Ordinances. as amended bv City of Clearwater. Florida
Ordinance No. 6220. is amended as follows:
(16) Open space means a large portion of mostly vacant property,
measured in acres, for 'A'hich the city provides reclaimod '.\'::1tor on ::1 cost per tenth of an
acre of pervious area basis.
(4-71(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.
ft-8j(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.
{4-B)(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
~(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 flat normally require reclaimed water meters for residential
reclaimed water customers or golf courses and atReF open space
recreational facilities. However, the director \".'i11 require meter
installations at any industrbl/commorcial, non irrigation reuse including
air conditioning system cool3nt '}.later, or multi family d'A'elling unit
location 'Nhere reclaimed '.\later is available.
(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 aolf courses with
existina aareements with the city for the supply of reclaimed water. These
aareements are subiect to reneaotiation for cost increases for reclaimed
water and aolf courses may be required to meter.
Section 3. Apoendix 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 areatest.
J4. 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 cover the 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.
e6. 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 charaes and fees for taps on water mains.
backflow prevention device installations. and fire taps on water mains: fire hydrant
installation charaes. 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) . . . . . 2,985.00 3.930.00
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. . . . . 3,270.004.555.00
4" meter on 10" main. . . . . 3,290.00 4.520.00
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. . . . . 330.00 280.00
2" tap on 8" main. . . . . 335.00 285.00
2" tap on 10" main. . . . . 390.00 290.00
2" tap on 12" main. . . . . 390.00295.00
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. . . . . 1,110.00 1.460.00
8" tap on 12" main. . . . . 1,175.00 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:
Now Customors
Size Single P~lr3l1el Single Parallel
(inches) DC QG RP ~
% $ 210.00 $ 355.00 $ 260.00 $ 160.00
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 % 320.00 365.00 595.00 120.00 360.00 785.00
2 395.00 385.00 770.00 195.00 420.00 975.00
3 1,280.00 2,560.00 1,185.00 2,970.00
1,250.00 1.540.00
6
Ordinance No. 7321-04
4 1,710.00 3, 165.00
1.590.00
6 2,345.00 4,560.00
2.820.00
8 3,910.00 (Time 7,650.00
& Materials)
Standard installation is above ground.
1,960.00 3,700.00
1.965.00
2,655.00 5, 180.00
3.115.00
4,755.00 (Time 9,335.00
& Materials)
Existing Customers
~ Single Parallol Single Parallel
(inches) QG QG ~ ~
% $ 100.00 $ 200.00 $ 140.00 $ 280.00
3'1 (below 210.00 NIA NIA NIA
, ..
ground, in box
required with
la'l.'n meter)
4- 105.00 210.00 115.00 290.00
1 (below ground, 215.00 NIA NIA NIA
in box required
with lawn meter)
~ 235.00 170.00 315.00 630.00
~ 285.00 570.00 365.00 730.00
~ 1,140.00 2,280.00 1,370.00 2,710.00
4 1,255.00 2,510.00 1,560.00 3,120.00
e 1,775.00 3,550.00 2,305.00 1,610.00
g 2,975.00 5,950.00 3,680.00 7,360.00
Standard installation 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
Ne)1.' Customers
1" Residential Fire Service DC (includes 1" Residential Fire Service meter
and Tap). . . . . $680.00
2" single detector check with 5/8" bypass meter. . . . . $900.00 835.00
4" double detector check with 5/8" bypass meter. . . . . 2,150.00 1.615.00
7
Ordinance No. 7321-04
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 '.'lith 5/8" bypass meter. . . . . 835.00
4" 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 45. 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 ~ ~ January October October
October October October 1,20031 1,2004!!
1 , 20044- 1,200~~ 1,2003,2
8
Ordinance No. 7321-04
Under 1-inch:
Minimum $ &Q7 $ 3M- $~ $~ $~
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 ~ 5.45 4:4a 5.78 4-:-7e 6.13 &:Q9 6.50
9,001
gallons up,
per 1,000
gallons
1-inch:
Minimum ~ ~ ~ ~ ~
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 3-:89 5.09 ~ 5.45 4:4a 5.78 4-:-7e 6.13 &:Q9 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 4-:{M 5.16 ~ 5.47
100,001 to
140,000
gallons, per
1,000
gallons
Plus, from ~5.09 4:4e 5.45 44a 5.78 4:+96.13 a.J}Q 6.50
140,001
gallons, per
1,000
gallons
2-inch:
Minimum 626. 77 671.04 717.64 768.90 822.4 9
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 4-:{M 5.16 ~5.47
233,001 to
343,000
gallons, per
1,000
gallons
Plus, from ~5.09 4A.e 5.45 44a 5.78 4:+96.13 ~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 , 181. 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 W4 5.16 ~ 5.47
359,001 to
474,000
gallons, per
1,000
gallons
Plus, from ~5.09 ~ 5.45 4:4a 5.78 ~6.13 a.:Q9 6.50
474,001
gallons, per
1,000
gallons
4-inch:
Minimum 1,858.79 1,990.08 2, 128.28 2,280.30 2,439.23
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 W4 5.16 ~5.47
691,001 to
979,000
gallons, per
1,000
gallons
Plus, from ~5.09 ~ 5.45 4:4a 5.78 ~6.13 ~6.50
979,001
gallons, per
1,000
gallons
6-inch:
II
Ordinance No. 7321-04
Minimum 4,774.75 5,112.00 5,467.00 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 ~5.47
1,775,001 to
2,025,000
gallons, per
1,000
gallons
Plus, from ~5.09 4-:49 5.45 4-Aa 5.78 ~6.13 M9 6.50
2,025,001
gallons, per
1,000
gallons
8-inch:
Minimum 8,070.00 8,640.00 9,240.00 9,900.00 10,590.0
charge with 10,590.0 11,340.0 12,030.0 12,750.0 Q
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 ~5.47
3,000,001 to
3,413,000
gallons, per
1,000
gallons
Plus, from ~5.09 4-:49 5.45 4-Aa 5.78 ~6.13 M9 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 October October October October
1 , 2004 1,2005 1,2006 1,2007 1,2008
12
Ordinance No. 7321-04
Base charge, with no ~3.78 ~4.04 ~4.28 ~4.54 ~4.81
water allowance....
Plus, up to 2,000 ~4.60 ~4.92 4.@ 5.22 ~5.53 4,9Q 5.86
gallons, per 1,000
gallons....
Plus, from 2,001 ~6.33 aA-7 6.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons....
1-inch:
Base charge, with no 3-:94 ~ 9-:W ~ 4-1-:d4
water allowance.... 11.34 12.13 12.86 13.63 14.45
Plus, up to 7,000 ~4.60 ~4.92 4.@ 5.22 4:W 5.53 4,9Q 5.86
gallons, per 1,000
gallons....
Plus, from 7,001 ~6.33 aA-7 6.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons....
1 1/2-inch
Base charge, with no ~ ~ ~ ~ a&:-7Q
water allowance.... 56.70 60.67 64.31 68.17 72.26
Plus, up to 9,000 ~4.60 ~4.92 4.@ 5.22 4:W 5.53 4:W 5.86
gallons, per 1,000
gallons....
Plus, from 9,001 ~6.33 aA-7 6.77 ~7.18 ~7.61 ~8.07
gallons, per 1,000
gallons....
2-inch:
Base charge, with no 120.96 129.36 138.60 148.26 158.76
water allowance.... 158.76 169.87 180.06 190.86 202.31
13
Ordinance No. 7321-04
Plus, up to 40,000 J.:M- 4.60 ~4.92 ~5.22 ~5.53 4,W 5.86
gallons, per 1,000
gallons... .
Plus, from 40,001 ~6.33 a.:-1-7 6.77 ~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 J.:M- 4.60 ~4.92 ~5.22 ~5.53 4,W 5.86
gallons, per 1,000
gallons....
Plus, from 100,001 ~6.33 a.:-1-7 6.77 ~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 J.:M- 4.60 ~4.92 ~5.22 ~5.53 4,W 5.86
gallons, per 1,000
gallons....
Plus, from 233,001 ~6.33 a.:-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 J.:M- 4.60 ~4.92 ~5.22 ~5.53 4,W 5.86
gallons, per 1,000
gallons....
14
Ordinance No. 7321-04
Plus, from 359,001 ~6.33 ~6.77 ~7.18 ~7.61 ~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 26. 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 Jyty Apffi Janu3ry October 1 , October 1 , Basic
October 1 , October October 1, 2003Z 2004~ Allowance
20041 1,2002~ 20036 (gallons)
Under 1-inch 44A-() ~ ~ ~ 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 ~-inch 370.00 396.00 424.00 454.00 486.00 100,000 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 1,421.64 1,522.16 1,629.86 1,744.74 359,000 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 2,929.84 3,137.14 3,358.26 691,000 or less
3.358.26 3.593.20 3.807.41 4.035.44 4.277.29
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 14,580.00 3,000,000 or
14.580.00 () 16.530.00 17.520.00 18.570.00 less
15.600.0
0
Charge per 3.701.86 ~5.20 ~5.51 4M- 5.84 4.-00 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 bv City of Clearwater. Florida Ordinance No. 6587. is amended as follows:
(f) Reclaimed water rates. The monthly rate for the use or
availability of use of the reclaimed '/later system shall be as follmvs
There is hereby established a uniform schedule of rates and
charaes for the use or availabilitv of use of the reclaimed water
system. The reclaimed water rate shall be a month Iv fee consistina
of an availabilitv charae as the basic allowance in the followina
table. plus a charae per 1.000 aallons 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
Sinale familv.
duplex or triplex
(per domestic
water account:
however. if a
duplex or triplex
has seoarate
18
Ordinance No. 7321-04
domestic water
accou nts for each
dwellina unit. then
the appropriate
charae shall be
divided eaually
amona each
account)
and
commercial
/industrial with
less than or eaual
to 2 acres of
pervious area
Availability charae 9.00 11.65 15.08 15.98 16.94
Usaae - flat 6.00 7.77 N/A N/A N/A
charae
Commercial
/industrial with
more than 2 acres
of pervious area
or non-irriaation
uses - metered or
multi-family
dwellina
Availability charae 9.00 11.65 15.08 15.98 16.94
Usaae - metered 0.30 0.39 0.47 0.50 0.53
per 1,000 aallons
used
Open space
Availability charae N/A N/A 15.08 15.98 16.94
Per acre of 13.77 17.82 N/A N/A N/A
pervious area. as
defined in Section
32.352
Usaqe - metered N/A N/A 0.47 0.50 0.53
per 1,000 aallons
used
19
Ordinance No. 7321-04
1. I rrigation Use
Availability Only Consumption Total
Each Service Connoction Provided
a. Singlo family, duplex or triplex
(per domostic water account
howover, if a duplox or triplex
has separato domestic wator
accounts for each dwolling unit,
thon tho appropriate chargo shall
bo di~.'ided equally among each account)
$9.00
$6.00
$15.00
b. Multi family
$9.00 $0.30/1000 gals
$9.00+uso
c. Commorcial/industrial
i. Loss than or equal to 2
acres of pervious area
$ 9.00
$6.00
$15.00
ii. More than 2 acres of
porvious aroa or
non irrigation usos
motered
$ 9.00 $0.30/1000 gals $9.00+use
d. Opon Spaco (por acre of
"pervious area," as dofinod
in soction 32.352)
$13.77
2. Non irrigation uso motorod, includos air conditioning systom
cookmt ~Nater
$ 0.00* $0.30/1000 gals $9.00+use
2. Additional requiremonts for a commorcbl proporty with moro than
one water account, but irrigating under one or more reclaimed ~lJater
accounts, tho fees for each reclaimed ~.vater connection ~.vill be as
follows:
$ 9.00 $0.30/1000 gals $9.00+uso
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.
*reclaimed available
Section 8. Appendix A. Article XXV. PUBLIC WORKS -- FEES. RATES AND
CHARGES. (4) Miscellaneous Additional Charoes. 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
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 39. 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
Re: Item 12.2
Report on Reclaimed Water Cost
and Usage located in ORLS, ~
Sc 2"n~d 1\\-10 .....~R1S and Slud\[:;
l
Or. PI'.~
~~J
IC2 J 2- "2..
Public Utilities
. Industrial Pretreatment Program
. Laboratory
. Reclaimed Water
. Wastewater Collection
. Water Pollution Control
. Water Supply
. Water Distribution
1
Water and
Manage nt
. Clearwater Production Increased
from 3 to 4 MGD
. Average Water Purchases of 12
MGD Reduced to 9 MGD
. Savings of Approximately $2M
over 2 Years
2
Recognition
. Environmental Advisory Board
Award
. Suncoast Safety Council Award f
. Future of the Region Award ~~~\
. AMSA "Silver" Awards \~!
. Professional Papers @~
. Featured on US EPA Website for
Sewer Improvements
Water rojects
/
,..1
. Rehabilitate Elevated Storage
Tanks
. Wellfield Expansion
. Enhance Capacity of RO Plant
. Preliminary Work for New RO
Plant at Reservoir 2
. System Improvements
Future lans
6 Yea r CI P N s
. Miscellaneous Projects
. Water Pollution Control
. Wastewater Collection
. Water
. Reclaimed Water
Total 6 Year CIP Needs
$1.8M
$43.7M
$35.4M
$51.2M
$25.1M
$157.3M
3
~~ Rate Increases
Meter Reclaimed
W/S W/S/R
FY 05 7.0% 5.0%
FY 06 7.0% 13.0%
FY 07 6.0% 13.0%
FY 08 6.0% 6.0%
FY 09 6.0% 6.0%
*7 FTE's
4
Recommendation: Approve
Metering Reclaimed Water
--
W/S W/S/R
FY 05 7.0% 5.0%
FY 06 7.0% 13.0%
FY 07 6.0% 13.0%
FY 08 6.0% 6.0%
FY 09 6.0% 6.0%
*7 FTE's
5
1?E', /2. 2.
Responses to Questions
What is the unit cost to provide reclaimed water to a customer v. installation of a private
well?
Response-based on info provided by McKim & Creed, the per unit cost to deliver
reclaimed water to a customer is about $4,500 including associated transmission,
pumping and storage costs. The cost to install a well runs from $2,000-$4,000 depending
on the well depth.
When do we get to more of a maintenance profile in capital expenditures?
Response-From our review of the CIP and master plans, it appears we approach a more
"normal" CIP for wastewater collection and WPC in the 2010 timeframe after the "catch-
up" work is completed or underway. One exception is the thermal drying facilities
needed for Biosolids as land application becomes less of an option or we are required to
achieve a higher level of treatment for Biosolids. The reclaimed water system is
expected to continue expansion beyond this point and we plan to undertake an expansion
of the RO Plant and construction of a new RO Plant at Reservoir 2. The new RO Plant
costs, although starting in this rate increase period will continue thru 2013 when we
anticipate placing that facility in service. With both the RO Plant expansion and the new
RO Plant there will be offsetting O&M savings (due to a decrease in county water
purchases) making these facilities cost effective. Much of the water system capital is
anticipated to trail off in the 2010 timeframe as well, however, as we become more
proficient with our asset management system, we expect to see new requirements surface
based on condition assessments. Naturally, we would need to attain compliance with
future unanticipated regulations including achieving zero discharge from our wastewater
treatment plants. Projects are discussed in more detail later.
Future financial variables can be significant. Future costs of regional water, Biosolids
transportation, compliance with regulations can all add to future rate increases. In
particular, the O&M costs are significant because they go straight to the bottom line and
directly affect rates.
Why are the rate increases a positive event for our citizens?
Response-The requested rate increases over this planning period essentially bring our
facilities up to standard and extend the life cycle of many of our systems. By improving
our plant processes, we also gain capacity in some cases ( cost avoidance), save O&M
dollars in others and improve our ability to maintain compliance. By maintaining
compliance, we help the environment by preventing pollution from entering our
waterways and sewage overflows on our roads and we protect the public health.
Expansion of our reclaimed system provides a resource to off set potable water used for
irrigation. By doing this, we defer the need to build regional water capacity and it's
inherent costs that are passed on to us. This is also helped by our approach to produce as
much water as we can locally and limit our demand on the regional water system. Our
customers receive a hedge against future regional water rate increases as we become less
reliant on regional water. I've included some additional points later to place the
requested rate increase in perspective.
What are other communities doing for rate increases?
Response-Please see the attached document.
What would happen if the rate increase either wasn't approved for reduced?
Response-If the rate increase request were not approved, we simply would have no
capital program. In fact, even with no capital program, we would not make all our
coverage's in FY09 forcing us cut O&M expenditures then. If the rate increase were
reduced, we'd defer projects until funding became available. This places us back into the
cycle of delayed improvements and repairs. The difficult financial position Clearwater is
in is the fact we have little to no growth. Many utility systems in growing communities
have the ability to spread out costs to an expanding customer base. Not in our case.
Deferred requirements simply add to costs thru inflation and must be paid later in higher
dollar values with exposure to the potential for unforeseen system failures and/or
continued uneconomical operations.
Some Additional Points to Consider
1. US EP A "Gap" Report (2002) revealed the national funding gap for water and
sewer facilities running between $73 Billion to $444 Billion over the next 20
years due to needs exceeding available funding. The report indicates the funding
gap, coupled with rising populations, could have the effect of reversing hard won
water quality gains.
2. Not all costs in our budget are directly controlled by Utilities. We are exposed to
increases in county water rates, increases in Biosolids transportation costs and
future compliance issues to name a few.
3. Some savings we attained over the past four years include electrical costs due to
equipment modernization ($227K), personnel due to hiring delays and
management of overtime ($2.5M) and less water purchases from Pinellas County
($4.8M)-savings are actual costs versus budgeted.
4. Based on a 7% rate increase, the following factors should be considered:
. 2.1 % is allocated to price elasticity
. 1.75% is allocated to increases in County water purchases
. 0.7% is allocated to the offset of potable revenues for the expansion of
reclaimed water
. (1.2 %) is allocated for weather normalization (dryer period)
. Leaving 3.65% allocated for increases in O&M expenses and capital
requirements
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Key Projects
Water Pollution Control (WPC)
. Biosolids Processing-($7.95M) This project includes refurbishment of the
digesters (25-30 year life span) to reduce the total amount of solid residual
material transported to land application sites. Current transportation costs of
$29/ton are projected to double to $60/ton this year. Clearwater processes about
27,500 wet tons annually. At the completion of the project we expect to see a
30% reduction in volume due to the digesters being fully functional. Current
O&M costs are about $800K annually going up to $1.65M for transportation and
land application. These costs could potentially be reduced by nearly $500K
annually once the project is completed.
. Replace Generators-($3.5M) This project replaces all old generators at all three
plants. Generator's are beyond their useful life (10-15 yrs) and need TLC to
continue operating.
. Headworks Improvements-($4.0M) This project replaces the grit removal
systems and screens at the front end of the plants. This is critical to effective
plant operations since heavy material is removed early in the process. These
systems are at the end of their 20 yr life span.
. Internal Recycle Improvements-($530K) Increases plant capacity w/o capital
expansion. Modifies process to allow for additional nitrogen removal (need to be
at or below 3 ppm when discharging). Marshall Street is rated at a capacity of 10
mgd, however it's currently limited to about 7.5 mgd due to the plant's ability to
remove nitrogen. In effect, this project "buys" capacity back to 10 mgd w/o the
need for capital investment. Plant capital runs about $3/gal-therefore 2.5 mgd
would approach $7.5M ( cost avoidance).
. Replace Presses-($1.2M). Linked to Biosolids. Existing presses are at the end
of their useful life estimated at about 20 years (portions rebuilt over time). Presses
are critical to removing water from the solids prior to transporting and disposal.
. Aeration Improvements-($2.2M) The wastewater treatment process includes
introduction of air (oxygen) to the biomass for the removal of organic waste and
nutrients. This project makes this process simpler and more effective and lowers
operating costs by reducing power needs. The operators will have fewer valves to
control and we estimate an annual savings of about $50,000 for reduced electrical
consumption.
. East Plant By-pass and NE Pumps-($2.6M) Plumbing at East Plant precludes the
ability to by-pass a portion of the treatment process. This is needed for
maintenance due to grit build-up. The NE reject tank provides for the storage of
reclaimed water that does not meet standards in the event of a process upset.
This pump station will allow for the return ofrejected effluent to the head ofthe
treatment process for reprocessing.
. Ultraviolet Disinfection-($10.25M) Project is needed to meet anticipated
compliance standards for trihalomethanes.
Anticipated in the out-years is the need for thermal drying and palletizing ($lOM). After
this period, we anticipate the wastewater plants returning to a more "normal" period of
R&R and O&M. Compliance issues notwithstanding including the potential to achieve
zero discharge if mandated.
Wastewater Collection
. Pump Stations-($9.3M) Project rehabilitates or replaces older pump stations
throughout the city based on a priority list to meet current industry standards.
Originally 24 pump stations were identified for rehab. Ofthese, 15 are complete,
5 are being rehabbed this year and 4 are in design. In addition to the original 24,
13 are scheduled for rehab thru FYI O. The life of a pump station is between 15-
20 years.
. WWC R&R--($20.2M) This project includes correction of known and
anticipated defects in the sewer system and includes line and manhole repairs.
Defects are identified in the Sewer Study and verified thru field investigations.
Anticipated out-year funding needs diminish due to most significant projects being
completed. Some additional rehab to pump stations and work on the sewer will continue,
but at an anticipated reduced funding need. The program initially began in the older
areas of the city and will move to the newer areas.
Reclaimed Water
. Continuation of the master plan including areas of Momingside, Skycrest,
Coachman and Enterprise. Also include are storage tanks, pumping facilities and
aquifer, storage and recovery (ASR) wells if proven effective.
We anticipate the continued expansion of the reclaimed water system beyond this rate
planning cycle.
Water
. Water Supply and Treatment-($3.8M). This project includes R&R needs for the
RO water treatment plant and supports various improvements to our existing
water facilities based on a condition assessment produced in our master plan.
. Water Service Lines-($3.0M). This project replaces service lines up to the
customer's meter in a phased approach throughout the City. This is needed due to
the age of many of the service connections to homes and businesses.
. Elevated Water Storage Tank Upgrades-($2.9M). This project upgrades the two
elevated storage tanks on the west side of the City. These tanks have been out of
service for some time, but were recently placed back into service when an
engineering analysis revealed they were needed for fire flow demands. These
tanks require rehab to bring them up to standards and some modifications to
circulate water thru them to maintain water quality.
. Well Field Expansion (Reservoir 3)-($3.9M). Project includes studies,
monitoring of ground water levels, land acquisition and installation for 4 new
wells supporting Reservoir 3. Depending on findings of studies, these wells will
either add to our local production (up to 1 mgd) or will be used for rotation to
maintain current production levels. Anticipate placing wells in service in 09.
Estimated cost of water for this project is $0.84/1000 gals.
. Expand RO Plant (Reservoir 1H$1O.5M). This project includes new wells, raw
water piping, land acquisition for new wells and RO Plant physical expansion to
achieve an additional I mgd in local water production. Anticipate placing the
additional facilities in service in 2011. Estimated cost of water for this project is
$3.18/1 000 gals.
. Construct New RO Plant at Reservoir 2-($21M). This project provides a new
brackish reverse osmosis treatment facility at Reservoir 2 including new wells,
raw water pipelines and land acquisition for well sites. This plant is expected to
produce about 3.5 mgd of additional local water for the City. Anticipate placing
this facility into service in the 2013 time frame due to technical issues to be
addressed including brine disposal. Estimated cost of water for this project is
$2.28/1 000 gals.
-f?-: J.;(. ~
TO Mayor and City Council Members
From AI Carrier, P.E. Assistant Director of engineering I ESM
CC William Horne, City Manager
Gary Brumback, Assistant City Manager
Cyndie Goudeau, City Clerk
Mahshid Arasteh, P.E. Public Works Administrator
Michael Quillen, P.E. Engineering Director
Andrew Neff, P.E. Public Utilities Director
Date November 18, 2004
RE ORDINANCE NO: 7321-04
UTILITY RATE INCREASE
At the regular meeting of the Environmental Board on November 17, 2004 the
following motion was unanimously approved.
" The Environmental Advisory Board supports the proposed water, sewer
and reclaimed water rate increases. These increases support the
environment by funding the continued expansion of our reclaimed water
system which reduces use of drinking water for irrigation and limits
discharges to the Bay and Gulf, maintains our ability to meet existing and
future environmental regulations preserving water quality and sustains our
infrastructure for future generations. "
Please accept this Board recommendation in support of Ordinance No: 7321-04,
Utility Rate Increase, in concept with the Council presentation scheduled for the
November 18th Council Meeting.
L
Ref: 12.2
-----Original Message-----
From: Neff, Andrew
Sent: Tuesday, November 16, 2004 6:49 PM
To: Goudeau, Cyndie; Arasteh, Mahshid
Cc: Manni, Diane; Norman, Lois; Davis, Laura M.
Subject: Response to Councilman's Hibbard's Question on Filter Bed
Rehab Project
Councilman Hibbard asked me what the life cycle of the filter beds and Motor
Control Center at the NE Advanced Wastewater Treatment Plant was. The filter
beds are composed of steel weirs, troughs, valves and filter bed components.
The existing components have been in place for about 15 years, but have
experienced accelerated deterioration due to exposure to chlorine. We expect
newer components to exceed 20 years life with proper maintenance. The blower
Motor Control Center replacement is expected also to have a 20-year life.
Re: Item 12.2
Booklet:
Water and Wastewater FY 2004
Revenue Sufficiency Analysis -
Final Report - October 22, 2004
located in ORLS, ~
Scaf\Y\[d \h-b~~~O~-15 ond Sivd'E5
ORLS -I
J2.3
City Council
. n'n'"""n"www~.g..end,!,....~~~~,r....~,~,m,~,r,~,!:!d u m
Trackinq Number: 974
Actual Date: 11/18/2004
Subiect / Recommendation:
Appoint one member to the Community Development Board with the term expiring on February
28, 2006.
Summarv:
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: board shall include members qualified and experienced in the fields
of architecture, planning, landscape architecture, engineering, construction, planning & land use
law and real estate
MEMBERS: 7 & 1 alternate
CHAIRPERSON: David Gildersleeve
MEETING DATES: 3rd Tues., 2:00 p.m.
PLACE: Council Chambers
APPTS. NEEDED: 1
ATTACHED IS THE LIST OF APPLICANTS FOR THE COMMUNITY DEVELOPMENT BOARD.
Oriqinatinq: Official Rec and Legislative Svc
Section Consent Agenda
Cateqory: Other
Number of Hard Cooies attached: 0
Public Hearinq: No
Financial Information:
~ Other
Review Aoproval
Cvndie Goudeau
11-05-2004 09:03:07
~~. cR.L.S 1
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. John Doran - 65 Verbena St., 33767 - Original Appointment 03/21/2002
Interest in Reappointment: No (Resigned)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Daniel Dennehy - 1925 Edgewater Drive, 33755 - Motel Owner
(Currently on board as Alternate)
2. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor
(Yes to alternate seat)
3. Norma R. Carlough - 1756 Ashton Abbey Rd, 33755 - Retired/Business Mgt.
(Yes to alternate seat)
4. Thomas Coates - 300 N. Osceola #4b, 33755 - Consultant/Project Manager
(Yes to alternate seat)
5. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired Vice President Operations
(Yes to alternate seat)
6. John F. Freeborn - 301 N. Prescott Ave., 33755 - Attorney
(Yes to alternate seat)
7. Nicholas C. Fritsch - 1310 Gulf Blvd. #8-D, 33767 - Retired (Economics)
(Yes to alternate seat)
8. Rita Garvey - 1550 Ridgewood St., 33755 - Former Mayor
(Yes to alternate seat)
9. Joseph W. Gaynor - 219 Windward Passage, 33767 - Attorney/Developer
(Yes to alternate seat)
10. Aaron D. Greenberg - 142 Bayside Drive, Clearwater Beach, FL 33767 - Zoning Attorney & Developer
(Yes to alternate seat)
11. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney
(No to alternate seat) - No Board Questionnaire Included with Application
12. William L. Johnson - 479 East Shore Dr., #1, 33767 - Real Estate
(Yes to alternate seat)
13. William P. Kirbas - 34 Bohenia Cir., N., 33767 - past member Parks & Recreation Board/Financial Advisor
(Yes to alternate seat)
14. William J. McCann, PE -1563 Turner St., 33756 - Professional Engineer & Planner
(Yes to alternate seat)
15. Gerald L. Schauer - 2958 Somersworth Drive, 33761 - Semi-Retired/Banking
(Yes to alternate seat)
16. Kelly Sutton - 1711 Ashton Abbey Rd., 33755 - Env. Engineer/Consulting
(Yes to alternate seat)
Page 1 of2
Revised 11/04/04
17. Christine Travis - 1216 Bermuda St., 33755 - Landscaping/Bachelor in Political Science
(Yes to alternate seat)
Zip codes of current members:
3 at 33755
2 at 33759
1 at 33761
2 at 33767
Page 2 of2
Revised 11/04/04
Name:
RECEIVED
DEe 02 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) OFFICIAL RECORDS AND
" lEGISLATIVE SRVCS OEPT
DA."-l\eL \JE:NN~\
Home Address:
l~1..S- EO~G'~~e(L
C-LeAl\ w!\taL
Telephone: 0-19..)" 4400
How long a resident of Clearwater? 4 ~L<;
Occupation: No-rrn- O'NNe~
Field of Education:
E:>S (!oJ A~\1C("\\JlU; - NV'VJ YeJUc....
\ N<;tIl\.Ka- (k \e-6..h~0c..~
\ c,j <b - \'12.J-e,
DIl...\~
Zip ~~ lS-~
Office Address:
~Me
Zip
Telephone: ~\. 31-'1s-
Employer: '3c-\....~
Other Work Experience:
~ e;.1~ ~ f-/\A~~t;M~
AI'-O !)..~~PM~
If retired, former occupation:
Community Activities: CyAI\)"M,~ ~ 1cc6 W~tu.,oL ~1t'N) t1~bsL ~ L,. t1 ,o~
U:-\A"1bcL oT:- 0Jt-'\h~ ,F-o\Jl--lO\i'il ~ Ct~~ 4 t2-. P~~M
Other Interests: h')f\~ H~~~ m= Ve tJ\~-i\c.. krL.P.w r; O'F i4a:- ~~ ~A:1\...rlP-
Board Service (current and past): Board Preference:
'UXJ~ CuA.JT~_ ~OJV C.Ch-'\M1f\:r'cr - c D ~
WA \ \\- "'"'"' f'otN
Additional Comments:
" ~
Sign~ ~ ~
"
Date:
11. ~\ ()~
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~e CD ~ IS Q.e~p(J~l ~U1 f=(jL Wv\~ ~ f\I"'PQ.ovro-
cJ;.. AUJ 20N'tV~ AM) LAr-..() the I?SUes \Uf(T '5\~ l2-8CU.-'\MI)oN()<)
AL.F ...ltrt" I N COM PU/.S,.,.)c:.-U' ~ C\. )Q..\--f~ 1i'_6'C1u~-n(lN'"
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station? ,
\{~.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
\ Q.,B L-e\ ~ A ~ ~1Lte l t--.J A/l...U..Jr q~~l' ILC ,Asv() ~
~Q..k.~ FOL YFtAA~ t>s ^c..> ""n...c.u~, "S11e M~lV~~~\ J\~
M,A,t-,. )~c;.GiL ~ J)ev\:)\.()PcQ.., \ AM A.\..'Sn A LAND A-t-.O
~'0S1 N~<::::> o~""iL I~ IL.IF; C\\1'T at: CL l5'A~,\oo..) P\'i"o..lL. .
4. Why do you want to serve on this Board?
\ \bE"L'fN~ -ru.~\ Cl-e'A;l\~~ IS ON A PK1\.1t Ip
L;fLoWIU ~ \M~O-d\AM~. o~ ILePQ., 8S1k'\G \ )J><.'v\J'(?) A.vO
\ lo.JOv\"'~ \....\~ \D u.~~ \::?-t;tJ~ ~ P\!\...\ CL-e-AlL.
A~ CotVS\~l~ vvrr'-' ""1\46 ~of+....~ ot= oUL CO~M\llV'I'r
N.m~ AN' 1::'- 'D~N~
Board Name: C. \J \J:)
L
RECEIVED
Home Address: ~
;;l j/ 02/ tf"W 6pc,. };i,. '/
(!.//~d~ ~ ~1)6.s-
Telephone: 7:J) '?/~ ~/.?3..
How long a resident of Clearwater?
Occupation: K -.ea l-h,;- ,
Field of Education:
~ ..wv~ /
JAN 2 9 200\
CITY OF CLEARWATER -,APPLICATION FOR ADVISORY BO~ RECORDS AND
__--- /VmuS~~CIe8fW8ter resident) LEGtSLATIVE SRVCS DEPT
/c!M V~&;VN
Office Areas:
~~
l
, Name:
~..; ~; Ef' '/r .
If -, former ~tion:. I _ 1r2-~h -I....,. w"'~
Community Activities: ~ ~..r J~~ Ak.U/
~,t~, >>to '(~~r~?/ J
~r Interests:
aoz Service (current and past):
().. r~ (/2.. R~ I'/r/~ ..J;.", .:2 nJ !.
Additional Comments:
(!,,, n >rJuf
.J
Board Preference:
C;:;:;;;1:v;j;;:,:zf
p,,.~ c ., l2~c
~ ,.#t'~ -<PrJ.l
Sig~ .~ _ ll8te: /-..2&'-;~y
See attached list for boards that requint Financial Disclosure at time of appointment.
Please retum this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
1 10/0~/2004 10:28
17277129173
TOM CAU-IJUN
PAGE 1212
BOARD QUESTIONNAIRE
your understanding of the board's duties and responsibilities?
-
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
_I. ~ ~_ /1//,
.:L ~ 4h ' <~~~ ~4~ _~ f"Z?1A.., L-,~
3. What background and/or qualifications do you have that you fee' would qualify you
to serve on this Board?
?'-.
~~
-;,- ks(~Ja4fi/'
~~Q'.vcf J<(?Kp~'T~-/
Name: 1J Df-, m t4
Home Address:/) .~
17 c;G /~HTOIV
RECEIVED
APR 22 20n4
OFFICIAL RECORDS AND
LiGISlATlV! SRVl;S OEPT
Zip
If retired, former occupation:
Community Activities: [ .
Board Service (current and past):
fA6
Board Preference:
0-1,6
I !JrE-f-brl.-b ( JJ !/tIc. ~11}J~ kjcR.. (j).B,
@ffltJ.Cff..J; I tCG ot0JotC TVIl./1 ry
Date: l(,;). ( (:) y.
Signed:
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
2.' Have you ever observed a board meeting either in person or on C-View, the
Ci"P'/V station?
I'L~ ~,., (fM-f-~ .f}~~, ~ ~~.
lA.,(]L~CLQ 0 C [j ~ l'7IJ) Q .-fc+-+, ~ Of\.. Q - Ur -<2 U./)
(~ '
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I ~
~ ~Cj ~.~)~k.fo<~~~
~ - C~~ ~ +L:.~) ~~ 1~ f "lruvd')
lu~ j '3~-& ~~ ~ E~ S~'>.!.)S. ~\.r)-G.-c..fu.lj) ,"d-~lQ~ .
33~. 'S~ ~~~" Uwv,\^.."'-~ ~\\<; j ~~ .t,
~~k ~m <-~.
4. Why do you want to serve on this Board? roo: Ii II
~" ~~ ~ "~ ~l{tJ.~Li-c;.,
1. What is your unda,standing of the boa,d's duties and '7nsl:i~as7 . ^
'0 AsL1.iV}J -Iv /LO~*. ~A ~()('WMJ.cr--
LU~ ~ +L.. C~ u:) ~~ ft\.lLl-.\L.~L~.iAr ~
I , -tv ~ ~~, , ~\\--UJ,j~'-o
6-{J, d .
Name: ~O.e.ri1(-} f? ~LoL(( 1+
Board Name: Q D 8
~ECE/VED
Name:.=troIM.'O<:' (n*es ,
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARoQCT 2 9 200~
(must be Clearwater resident) OFFIC/'AL
1'\ RECORDS A
LEGISLATIVE SRVCS D NO
, EPT
Home Address:
1ioJJ. (jgceD~ :{Utb
CIe,rw-W*-e.v I -:a.. liD ;?155
Telephone: 721-t.t4 q - CY:;4Cf
How long a resident of clearwater?~"
, .
Occupation: /
Field of Education:
~o\\elol Of~v:e
Office Address:
114: N~vt t'BNYisov\
q~eI' ,"fL- ZiD~,$)
Telephone: 721 - 4if&" -Q')?()
Employer: 1"vi~l-e ~W1.~
Other Work Experience:
~\SV\i~~
./
Community Activities: V\ ' ..
~iVi~ ~eJW U
Other Interests:~ltt I }?ocii~
Board Service (current and past):
~=~.
~ .~~
Board Preference:
~)\\M ttrtn ?evdop~$&to\
Additional Comments:
Sign ;
Date:
tZ-~ ()~ '20-0 't .
See a Ii r boards that require financial disdosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department. P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~J{~", ) Ge.\/eM -tivwe=->) 1l!,,'
~~.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
J2e@ve-e. 'M fWrMrtdre i It) d~ 0\ y&ctic-e, 1v1~
~ ,~~&. ~~~ tW;4~h.,~~rM.1!, ct,^l~~ '
~ ~~ ~1~~' ~ i~cM:dJ?KV\~
~~
4. Why do you want to serve on this Board?
~iD atlWvJ~ ) 1f\Atl w ~eAf . :J: ~
~ ~OO,') W.e~.e. (JW~ ~, It
-evet\. ~,
Name: 1h>~s Crd\~
Board Name: c.p.f..
Coates & Coates Ine
, i:i~li:~;r( ";'! i:~:;' i::I~:1 ~'I~ili (illll, ,~l:Itil l.tti* i{if~,~i,
," "". . ,. I'" fKl ~ )~ ~, 'l-t~l ;~.,
"';il: :>'
411 Cleveland Street, PMB 266, Clearwater, FL 33755, USA
coates 727.446.3000 X 246
Thomas Coates
RIJI/JUIIItI: S/gNltulf!l D.lJ6/tpIIIr
February 2004
Education:
South African COllege High SChool, Cape Town, South Africa; graduated 1973
Rotary International Exchange student to Michigan, USA; 19741
Mnitary Service in South Afrk::an Air Force, (later rose to rank of Captaln)i 1975
University of Cape Town, SChool of Architecture, graduated Bachelor of Architecture; 1976-1982
Registration:
Mr. Coates Is registered with the Council of South African ArchIteCts (CSA) and the South African Council for the
Architec:tural Porofesslon
Employment:
1982-1993 Louis Peens Architec.ts Johannesburg, South Africa
Ard1ItId:... P8rInIr
Rrst employee and later, partner, in what became one of South Africa's premiere Architecture flnns.
Projects ranged from individual high-end resklences to multi-unit housing, and from major shopping malls to Individual
shop Interiors. Projects Included feasibility studies and property de\4elopment.
1994-1999 Various Oearwater, Florida, USA
PubIIIher
Wrote mpy, edited, Illustrated (by hand and mmputer) and produced a number of books and magazines of local and
national Interest ,for private Individuals and national companies.
2000-20041
COates & Coates, Inc Clearwater, Florida, USA
DIIIgn eor.uIbn:
Working in doSe association with local and national finns, produced designs for a number of proJects which have induded
design consultancy on the exterior, Interior public SPllC2S and indMdual room designs for a major new hotel c::haini a
luxury waterfront apartment btock (with Individually designed Interiors); design cIeveIopment for an international
celebrity's home: waterfront villas and multl-unit housing; and school and mmmerdallnteriors and renovations. The
scope of projects is very wide and Includes feasibility studies, the direction of promotional materials, interior design and
landscape design.
Affiliations:
Steering Committee for Development of Downtown Design Guidelines for C\earwater, Florida
Main Street Design Coordination Committee, Clearwater, FlorIda
,.:
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISOR)Oij~
(must be Clearwater resident)
OffiCIAL RECORDS AND
I.EGi:',:i.ATiVE SRVCS DEP'f
Name: Robert P. Fernandez
, Home Address:
301 N. Hillcrest Drive
Clearwater. FL Zip 33755
Telephone: (727) 461-7674
How long a resident of Clearwater? _21 yrs.
Occupation: Retired
Field of Education:
High School. and courses at Nia2ara Commun.
College and Bryant & Stratton Business
CollelZe
Office Address:
Zip
Telephone:
Employer:
Other Work Experience:
Consultant in establishimz community
markets in the state. Worked with
develooers in establishing sites for retail
locations while employed with a maior
corooration before retirement.
If retired, former occupation: Vice President Operations. Convenient Food Mart stores
Community Activities: Volunteer Friends of the Library book store: General ManalZer of
Downtown Clearwater Farmer's Market
, Clearwater Main Street Joint Venture active member. RelW1arlyattend
state Quarterly meetings.
, Other Interest:
Board Service (current and past):
Downtown Development Board current
City Design Review Committee past
EntelJ'rize Zone board current
Jolley Trolley Board Member current
DirectorFl. Assoc. of Community Farmer's
Markets
Board Preference:
Community DeveloDment Board
Additional Comments: Active participant and event planner in Clearwater community
Si~AA.-.If Date: ft(';t~ t2f
See attached list for the bOards that require Financial Disclosure at time of appointment. Please
return this application & board questionnaire for each board listed to: City Clerk's Department,
P.O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola
Avenue
~.
BOARD QUESTIONAlRE
1. What is your understanding of the board's duties and responsibilities?
Familiarity with development and zoning requests as well as land use plan changes and rezoning.
Also serves as a member of local planning agency.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Yes - C- View and in oerson.
3. What back-ground and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Knowled~e of city and Clearwater's Visions and Values with experience as an executive and
decision-making ability..
4. Why do you want to serve on this Board?
I feel I have the advantage of insight in all city government operations relatin~ to imoortant city
development matters. Since I am retired I have the time and dedication and inteRrity to serve on this
board. I would not gain personally as I am not involved in any major real estate. consulta.Ut or
development ooportunities. Am very interested in taking part in the planned develooment to lead
Clearwater into the future and would review each issue before the board with due diligence..
Name: Robert P. Fernandez
Board Name: Community Development Board
10/.05/2004 15:59 7274643022
PC CG1MISSION
PAGE 01/02
.......1
:"t, :,="/-, - j'Vi 1""0,
' 1..~ ,--C. t
CITY OF ClEARWATER.. APPUCATION FOR ADVISORY BOARDS OCT 2 8 200~
(must be Clearwater resident)
Name'
Home AddrGS$:
30] f-../. pp..e~c::..orr Aut;
~~~W;:r7CR Zio~'37~
'\
Telephone: 1'2-'1- L( A.f. '2.. - t9V I Telephone: I~" - 1"3~ - Ie; G/ 0
How long II resident of Clearwater? J '3 1/ ~ ,
Occupation: A- rr 0 ,4J Eo '( , Employer:' A2-~ OIP /JIV ~ p.(I..E;la P.:Jt:TI'4J P. (4..
. 1"~'2.. - pr"J.,.... ~
Field of Ed~tlon: other Work Expenenc:e:
8^Vf-l2-F~~ t'!Of...I.,.e&.E - Btf:I ~AM)~ ~~.. N"2~-/~ \S..,- }~1.l.
. J '
"TV1.L.At...J~ ,Jill,,' ~4or:Lo.;=~..... h ~~'j ~ VP1)ll~ -JJ'1c... -I~CC~_ I~~
~ l/ Y/V 'IJJ.,{JL OF. Lf!J -L..::trt
If retired, former occupation:
CommunityActivities:7~fl~2"kJT 'hV\~(AJ IH/rAa.~1 f'.l~ "leI; ~JlV'~) ~~i".:'llv
r;>J;;..I/f!J' ~^'~. V\~ ~""p. ~7l1W ~..u..~ Fb~ _~
~..., c.:+ . l' OIt,.l-J C;p",,...,. J ~ ~ ,
Other Interests: '.
Board Servica (current and past): Board Preference:
N Olof\..€.. ~,nmwt-/)~ }...&:JJe:.LOl'm~ J3~~
OHV 'F
(;Fj:'~:CiA.L ~')i:~-" '...
! "~" "'-....O;<Ds "Nr.,
s...t:~.7;,; ;:JL4. \ . ,.\ U
P"r
Office Address:
3{,0 mt::?rJ~~
_~V4Vf!!!'~ IN
,5 ti2:i::z5T
ZiD31f LP~
Additional Comnients~
SIgned: q:;'L~?P ~ Dale: 10 ~
See attached list for boards that require financial disckJsure lit time of appointmenl Pleaae return
this application and board questionnaire to the Official Records & LegJslative ServiCes Department,
P. O. Box 4748. Clearwater. FL 33758-474&, or drop off your application at City HaU, 2nd Floor, 112
S. Osceola Avenue.
,
10/05/2004 15:59 7274643022
.
PC COMMISSION
PAGE 02/02
BOARD QUESTIONNAIRE
1. WfHIt is your uoderstanding of the board's dud.. and responsibilid..?
~nJl~~ ~~L' (~lPlh~ ~ f'/~hh~ A-.d dRn..!?plhoroh
rz.t~~ ('~~L--z...pl;.~s. ~C" r-lJov)~,~ ~~ l~,-,J 1Il~.e j?lt1~\
c,lA..hh~"~ .(O..,dn~~t pv.tfl,c- koArj~S Q~JJe~tr'
, fl.U1,..e vD
2. Have you ever observed e board ft'l8eting .ither tn person or on C-View, the
City's TV station ~
'-./'EES
3~ What b.clcgrOund .netlor qualifications do you have that you feel would qu.1ify
you to serve on this Bon?
1 hYI'P t~V";ll.n r W\rz- (,t'af~(,I:-s..()1 t~~ "'V) ~)~ ~~ ^~. l
y .,- - --J
h~ ~ c.,~/vat"A o~ CtV)o~ ~ S.:1r7 J.10l?lrd I~ bVIl-'w),.I...,~
CCM tf~IA&S~ fJxJ~l't J. /1.$ #1 Ylith.~ ()& C'~(J-('4(~~,) h~
~ "'" , i,~ r, ~ vJl h f1,...L c' ~ II. - .J A "{,;ad ~n..::.c/-".",.e .t-
, I
~lA'--2e { .()~ ~ ~ -e~C'~
. l
4.WhV do you want to lerve on this Bolrd?
.J 11.!"" .....o~+ ,-~..(' .~ tz..< V'<l7U~ 0/ Ii,..., (!,'h--.,
~~d I/VJsh)....o ~l~.-1 ~~I/YI h...~ K th~~ ~.c7~ . /
l vJrJ", 1.1 k/2.e k, J:x ~ 'W'Q{ L ,., cro I.....if ~ ""--( ~"....""..:.~
l~ l k<<. v~ .~ I ~c.....)
Name: .) ~ UuJ F y-:::, JEF..~ /i..1..J
Board Name: OO~fr'l b GJ/e."'rr~l:NJ ~V~~
TOTR. P. 02
1 '
f 1'-,:
err\. i "
CITY OF ClEARWATER - APPUCATlON FOR ADVISORY BOARDS,
(must be Clearwater resident)
.,' :
Name: Nicholas C. Fritsch
Home Address:
1310 Gulf Boulevard unit 8-D
Clearwater. 33767
Telephone: 595-6528
How long a resident of Clearwater? eiaht years
Occupation: retired
Field of Education:
Economics
Office Address: retired
Telephone: nla
Employer: retired
Other Work Experience:
Pinellas County General Services and
Purchasina
If retired, former occupation: DeDt Head of mechanical trades at a oharmaceutical research &
administration camous.
Community Activities: Pinellas County - General Services intern and "Partner in Prooress
Award nominee" 1995. Sand Key Civic Association - oast 1st vice-Dresident and treasurer.
Citizens for a Better Clearwater. Bla Brothers and Bia Sisters of Pinellas County 1999-2001.
Paint Your Heart Out Clearwater 2001.2002.
Other Interests:Attendina NASCAR races and tennis
Board Service (current and past): current - Board Preference:
secretary. Purdue University Club of Tamoa Community Develooment Board
Bay oast - 1st vice-oresident & treasurer of
Sand Key ' Association. Jollev Trolley Board
Additional Comments: I eniov beina active in issues that are imoortant to the City: eSDeciallv
economic develooment and I resoect the city leaders and staff.
Signed: Date: March 22. 2002
See attached list for boards that require Financial Disclosure at the time of employment
Please return this application and board questionnaire to the City Clerk's Dept.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board receives recuests for variance. rezoninc and aODeSls to the City's Land Use Plan and
Community Develooment Code. It evaluates the aoolicanfs written submission aaainst the
aoolicable sections of the code and or olan. Following the oral oresentation bv staff and the
aoolicant. the board discusses the relevant facts and issues: ultimatelY rendering a decision to
recommend to accept or denv the aoDlicanfs orooosal based on its merits. For flexible
develooment crooosals. it has final authority.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Previouslv. I have sooken in suocort or oDoosition to proposals to the Community Develooment
Board or its' credecessor on three occasions. Additionally. I haye watched the proceedings on
several occasions.
3. What background and/or qualifications do you have that you feel would qualify you to serve on
the board?
I have planned or direded the mechanical maintenance or coordinated the construdion of a variety
of buildinas and on-site utilitv distribution systems for more than eiah1 vears. These Qualifications
will offer the board some additional insight into the impad of the prooosals on the land and city
infrastrudure. In addition. I was the coroorate administrator of the emoloyee suggestion clan for
more than 5 years which evaluated aooroximatelv 40.000 ideas with annual cash awards of
$300.000 to more than $750.000 a Year. Judgina and insuring the fairness and eauitv of that
volume of cersonal ideas with often misoerceived value by the emoloyee is oretty touch evaluation.
Amona those 40.000 ideas onlY one was aooealed outside of the routine process and it was uoheld
in a private meetina with the chair of the comorate committee. the emoloyee and myself.
4. Why do you want to serve on the board?
In the course of my contact with city commissioners. boards and staff I have endeavored to offer my
ooinion with resoect and intearity. I love the City and wish to contribute to its strenaths and vitalitv.
Bioaraohical Sketch 1
Nicholas C. Fritsch
Personal:
· Married, wife Jena 23 years
· Son, Allen
· Daughter, Nicole
· Clearwater resident 1993 to present
- 1310 Gulf Boulevard Unit 8-0
- 595-6528
- Email: njonbeach@email.msn.com
Education:
· Butler University - 12 graduate credit hours towards Master's Degree
'. Purdue University - Bachelor of Science in Economics
Work Experience:
Eli Lilly and Co. (phannaceuticals) 27+ years retired 1993
· Facilities management
- Dept. Head - mechanical trades for research & administration
- Senior project engineer - facilities services
· Materials management
- Dept. Head - warehousing and receiving
- Buyer - purchasing equipment and supplies
Pinellas County 1995-1997
· General Services
- Engineering Specialist I - construction of Criminal Justice Center
and Jail
· Purchasing
- Assistant Director
KePro Inc. (Medicaid contractor) 1994-1995
· Manager, Administrative Services
Military Experience:
· Viet Nam veteran and active duty during Desert Storm
· U.S. Army and Reserves - 30 years, retired
· Colonel, Military IntelligenceU
1 As of March, 2002
Community Service:
· Pinellas County - General Services intern
.Partner in Progress Award nominee" 1995
· Big Brothers and Big Sisters of Pinellas County 1999-2001
· Paint Your Heart Out Clearwater 2001-2002
. Sand Key Civic Association - past 1 at vice-president and treasurer
and liaison to Barrier Island Government Council (BIG-C)
· Jolley Trolley - past board member 1997
· Purdue University Club of Tampa Bay, secretary
· Professional Placement Network for Pinellas County, past president
Professional associations and experience:
· Past President, VP and Board Member, International Employee
Involvement Association (formerly, the National Association of
Employee Suggestion Systems)
· Reserve Officers Association - Life Member
· Purdue University Alumni Association - Life Member
· Community Association Manager license (inactive)
Hobbies:
· Volunteer service
. Attending NASCAR races
. Tennis
y' .f
t.
-,'
.
Name: t t-r/f-
Home Address:
l~ ~ D RJiJ Gf (J) tJ 0 fJ S r .
f~LW R.-. zic337SS-
Telephone: 7:J 7 - tit! ~ ..... I ~ft/S- Telephone:
How long a resident of Clearwater? iJJ:J-~
occupation:---1} /()" Employer:.
J2~-S . ~~
r~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY .~~QF I V ED
(must be Clearwater resident) JUN 20 2001
G/tLV EY
I
OITY CLERK OEPARtMI!NT
Office Address:
Zio
If retired, former occup
Community Activities:
~!,
......
Other . Interests:
Board Service (current and past):
L I :M J)-l~Y BtJ f~ i)
BO~~~flwj
Additional Comments:
Signed:
Date:J - /CJ-(j I
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
V/~/D').- Wp o~u.lw-i
~
BOARD QUESTIONNAIRE
.j
~
1. What is your understanding of the board's duties and responsibilities?
~ --IlL \
I t{..o U-.L
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
1-4 - dY\. f - Vl'uv
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ..
P~lff~"^ ~e~
4. Why do you want to s~rv.o~ this ~ !~
j~~A ~ fu.. . _
J~~
Name:
Board Name:
t!J6
Id30 SJ^~S 3/,I1'v"/S:931
ONV SQ~O:)3~ i'lfl:)H:lO
CITY OF CLEARWATER - APPLICATION FOR ADVISORY B~r IJO
(must be Clearwater resident)
Name: ~d~.of>h W. (fA 7 NoR a3^'3~3CJ
Home Address: Office Address:
~/c,. jJJlIvdwc<f20. (j)/Jfff#--R 304 (ht?~vtJ-f [/
tJ~flU11l.WIl PI ZiD 3 ?) "7 j)owctlN /:Yj ZiD ? (;&('8
Telephone: 7J-J- 'If/&'- ~ 'tJV . Telephone: 7d-) -73(:,- rFJ60
How long a resident of Clearwater? Y ~a 11 r - f'" ~ L- :B, fl~/(, J 3 /~q/l /
Occupation: Alh>1l^'y ,J ,~~.p/of~11 Employer: ~~ If./' O:,tJjJt-c/l. I?~
Field of Education: Other Work Experience:
.:tD - Law S'J?e fbJI/Y11~ qllC?c~d'
Ifretired, former occupation:
Community Activities: If25'F
Ib/ Lh71'-fP c; Ibd d.
Other Interests:
Board Service (current and past):
Board Preference:
~mmt-Jttt~ .~-#4?m~ ~~.
Additional Comments: PAAW lJ;l""AJ dC.CJ.<-./ /~ k;nJ t.<~ qJt-d cVlMbVJ1~n1~ fZL
5 rfra;/l{aMd h4'/)!/ Jd~ Ihvt:/I.{~1Ju,ft.-tJc~/ /~ C~~a.a;;:''-
Signed:
Date:
It! //v/of/
See att ed list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
RECEIVED
OCT 1 5 2004
OFFICIAL RECORDS AND
lEGl~i..ATlVE SRVCS DEPl
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~d_~t~~~~~ :::~K:t~~d~ .
;:. /-Jj- ". Yg 0 ;;" - /2- Ii & a.-d cJi~' .-. ...
.'fr:lk7;;1Lal t2~. VYl~ jvtZi/ /JJ;f~}/Cr 2t a~;;G~
.tvIL ?t. fbJCj~ &/i.;[ILAd ~ tlbal#m/'~iI.-~c&1'-f",
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
~ b/w ~~ 7J)V#'f/J; k ~t1~/ tt?i/d' b~u-e
,... A' ~
J!//lIJttJ d'dJ/.,,(,r /:F 4jfJC-'t!/,dAJ J/)L ~fl./al..l 'f c?;u 7:V
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
~ qJhc~d ~/vYJ1~. . r h4~ k ri~~~Ij/
/IttZl)~/)~;; ~,. ,?f~! - _L ClJ?1 a Pd/;'t/JIev/
J~[;;/le'/\ Cfw ).,~A2 ~ 4'dt! ~'?Iftjt' :r1~?<:.< .
c-ku.d(-t'r/ -/W:9'~; ~ t"'-4t2IMr 7? ~~ b~""
fqv/I() JP/F OtoJt41) . fi~ d/I/J I~~ I dud c;-tdC/ J1,/L/~/ r
4. Why do you want to serve on this Board?
:r J;.eh'r!'~ ;11.; )tPf~ /.e:?v0 oJ~~AFm~~r,ric'j /// /.<.do/J
a/flIT ~ /)/.J YJ14/4j ~ YifW cbc~/~/;~J C7~
I~r Jb/fv}J ~ r0w~l /L,;!:~ ~~ ~/~#lO,t/;~.
~ h~v-e }.J" eJlfl PI I C I J ~r J lv' 1-r'1l ~ J1 a L-A m~ dill; !:- h~A.iJ
ttttl(' 'lVt11 O/,J.JIJ CtJ01~CfAd~S. .
Name: ~~pl-z tv ~J{lcIIl
Board Name: /Cmmv"'/~ (~?fhr<,-.---l?~k?D,
.OCT.21.2002 10:18AM
ALL DEV+LEGAL
NO.2?1
P.13/18
"-'.
JOSEPH W~ GAYNOR
PERSONAL .. BUSINESS RESUME
Joseph W. Gaynor, P.A.
304 Monroe Street
Dunedin, FL 34698-5140
(721) 243.8887~ Fax (727) 738..2740
EDUCATION AND PERSONAL BACKGROUND
Bom August 30,1945 in Newark. New Jersey. Married. Judy. 33 years. 2 adult daughters.
Stephanie and Elizabeth. . .
B.S. with honors from Rutgets Universityj J.D. from Stetson University College of Law in 1971.
BAR ADMISSIONS
The Florida Bar, 1971
United States DiStrict Court for the MidcUe District of Florida, 1971
BVSINESS BACKGROUND
Joseoh W. Gavnor. P.A. (1995 - Pr~ent) successor to Jacobs, Robbins and Gaynor, P.A. and its
succe~sors by merger (1971-1995).
Specializina in teal estate: acquisition, financing and. conversion of manufactured home
communities; development of shopping cen~ers. office buildings, apartment complexes.
. condominiums and planned unit developments including golf courses. marinas and hotel
facilities.
InveStors Realtv Advisors. L.L.C. (2002 - Present)
Joseph W. Gaynor, P .A. and Investors Realty Advisors, Inc. are managing members of Investors
Realty Advisors. L.L.C., which provides integrated real estate services for commercial clients
who desire a single company to perform and oversee the acquisition. development an4
construction of commercial and residential projects. These services are provided through Joseph
W. Gaynor. P.A. and Investors Realty Title Company. L.L.C., in which Joseph W. Gaynor, P.A.
and Investors Realty Advisors, Inc. are the managing members.
Apartment Hunters. !p.c. (2002- Present)
Stockholder, member of the Board of Directors, and General Cou:osel to Apartment Hunters. Inc.)
which provides apartment relocation services and other real estate services through its affiliates
including real estate sales, extended stay accommodations, mortgage lending. title insurance,
furniture leasing and sales, and employment and moving services.
Weatherstone Devcloplrtent Cotl'. (1994..Present).
Stockholder, Board of Director, SecretarY. general counsel and development partner. Planned.
designed and developed single family residential subdivisions in Gainesville and Orlando and is
presently obtaining site plan approval and all permits for its 733.acre riverfront conunijnity in
Manatee County . Florida.
OCT.21.2002 10:18AM
ALL DEV+LEGAL
1'10.271
P. 14/18
Commuoitv Acauisition and Develooment Co~oration eCADC") . Stockholder, Board of
Director and President and Managing Member of pAnC. HoldinlZ. LLC. 1997-2002
From May 1997 to January 2000 CAnC. through ajoint venture with American Land Lease, Inc.
f/kJa Asset Investors COIpOration and Commercial Assets, Inc., a New York Stock Bxchange
Real Estate Investment Trust ("ANL") , acquired and managed 30 manufactured home and RV
communities throughout Florida, Arizona, California. Pennsylvania and New leney. InJanuary
2000, CADe merged with ANL at which time Mr. Gaynor beeame Vice President and General
Counsel of ANt and in January 2001 became its SecretaJy. While at ANt, Mr. Gaynor designed
and developed 600 residenuallots, two clubhouses, two golf courses and one nWina.
Brandvwide Acquisition and Development COrDoration. Presiden~ 1995-1997
Stockholder, Board of Director, President. Acquired, rezoned, developed $28M of commercial
property in Alpharelta arid Atlanta (Buckhead and Toco Hills areas), Georgia.
Br!JIldywine COrDOration and its affiliates. 198+ 1995
Vice President, Assistant Secretary and National Legal Counsel for 111 legal partnerships with
11,000 limited partners owning, leasing and managing a $450M retail portfolio.
ASSOCIATION MEMBERSHIPS
Florida Bar 1971-present
Mobile Home Law Committee, 1990-1995
American Bar Asliociation, 1971-present
International Counsel of Shopping Centers 1~86.97
PUBLICATIONS AND LECTURES .
National1ecturer on: loan documentation; tomple" real estate transactions; development of
shopping centers; development and financing of time share projects; zomng.land use, survey and
title matters; condominium development; conversion of mobile home parks to tenant ownership
and golf courses and utility plants to private ownership.
COMMUNITY & CIVIC AND HONORARIUMS
Operation PAR, Inc., Chairman of Board 1989-1995 and on the Board of Directors 1986-1996,
Operation PAR (parental Awareness and Responsibility) is the nation's largest not~for-profit
dIug prevention and treatment program..
Morton Plant Hospital, Roebling Society, 1989.1992
Tampa Bay Area Partnership for a Drug-Pree Workplace, Chairman, 1990-1995
Legislative Coalition for a Daug-Free Florida, 1990-1995
Leadership Forum, President Bush's Advisory Counsel, 1990-1995
St. Petersburg Ar.ca Chamber ofCommc:rce, Cruise and Port Development Task Force, 1987-
1988 .
Mcutindalc Hubbell's highest national rating of A+for legal expertise and ethical standards since
1980. .
Tampa Bay Magazine's choice in "Best in Tampa Bay" for Real Estate Law, 1997.
RECEIVED
AUG 23 2004
~.~'C'Al RECORDS AND
CITY OF CLEARWATER - APPLICATION FOR ADVISORy,'9CfMtM3sRvCS DEpr
(must be Clearwater resident)
Name: Aaron D. Greenberg, Esq.
Home Address:
142 Bayside Drive
Clearwater Beach, FL ZiD 33767
Telephone: (727) 446-9003
How long a resident of Clearwater? 2~ years
Occupation: Zoning attorney & developer
Field of Education:
Harvard Law Schaol- J.D. (1997)
Columbia University - B.A. (1994),
urban studies major
If retired, former occupation:
Community Activities:
Office Address:
142 Bayside Drive
Clearwater Beach, FL ZiD 33767
Telephone: (727) 686-1568
Employer: InterCoastal Habitats LLC
Other Work Experience:
(See attached resume.)
Other Interests: Architecture, history, boating
Board Service (current and past): Board Preference:
None Community Development Board
Additional Comments: Reference: Rosemary Ginty, Esq., Vice President far Government
and Community Relations, New York Botanical Garden (718-817-8962).
Signed: iL. ~ . Date: rtf+
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
AARON D. GREENBERG, ESQ.
141 Bayside Drive
Clearwater, FL 33767
(717) 445-9003 · Fax (717) 461-4780
Email: aarongreenberg@msn.com
PROFESSIONAL EXPERIENCE
InterCoastal Habitats LLC - Clearwater, FL (I001-present)
Founder and Managing Member
· Currently managing development of 6-story, IS-unit luxury waterfront condominium project in
Dunedin, FL.
· Responsible for all zoning approvals; overseeing all legal work, budgeting and marketing
efforts; producing all sales materials; negotiating financing and all contracts.
Wachtel & Masyr, LLP - New York, NY (1997-1002)
Associate, Land Use and Zoning practice group
· Represented clients on residential, commercial and retail projects in New York City with
particular experience in managing complex multi-agency development approvals for mixed-use
urban projects.
. Performed zoning analysis, development feasibility studies, architectural plan review, and
community relations.
· Wrote zoning opinion letters and certifications, environmental assessment statements,
development agreements, restrictive declarations, contracts, and press releases. Prepared and
reviewed environmental impact statements.
· Coordinated lobbying and planning efforts with daily interaction between clients, architects,
engineers, environmental consultants, traffic consultants, numerous city and state administrative
agencies, Offices of the Borough Presidents, City Council, and local Community Boards.
· Clients included The Related Companies, The Home Depot, Target, Forest City Ratner, Costco,
Blumenfeld Development Group, Edison Parking, ZeckendorfRealty, Gotham Development,
Hines, and various educational and non-profit institutions.
Altman Kritzer & Levick, PC - Atlanta, GA (1995)
Summer Associate, Real Estate practice group
· Performed contract and lease review and legal research. Wrote chapter of book, Key Shopping
Center Legal Issues (International Council of Shopping Centers, 1995).
Greenberg Farrow Architecture - Atlanta, GA (1990-1994)
Summer intern
· Model-making, logo design, presentations, computer aided design and drafting with working
ability in AutoCad and Adobe Photoshop.
EDUCATION
Harvard Law School, J.D., 1997 (magna cum laude).
Columbia University, B.A., 1994 (summa cum laude), major in Urban Studies.
BAR MEMBERSHIP
Admitted to the Bar in Florida and New York
References available upon request.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
. The CDS decides discretionary land use approvals in accordance with the criteria
of the Community Development Code. The Board also hears appeals from
Planning Department decisions and makes recommendations to the City Council
on zoning and land use plan amendments.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
I watch Clearwater CDS hearings regularly, and I have testified numerous times as
an applicant before zoning boards in other municipalities.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have extensive familiarity with the issues of land use regulation due to my
experience as both a zoning attorney and a real estate developer. I believe I can
decide cases with the fairness and insight of a practitioner who appreciates the
economic, architectural and regulatory factors that influence development.
4. Why do you want to serve on this Board?
I want to assist the Board in improving Clearwater's neighborhoods by nurturing
economic growth in a deliberate, responsible and intelligent manner that will
safeguard the character of the community. I believe we can hold developers to a
higher standard while simultaneously creating a hospitable growth environment.
Name: Aaron D. Greenberg, Esq.
Board Name: Community Development Board
UI
No Board Questioilllaire included with the Application
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Doualas L. Hilkert
Home Address: Offlce Address:
2227 Habersham Drive
Clearwater, l'L
2!57 Nurserv Road. Suite A
liD 33764
~JeBrvat.er. FL
Zip 33764
Telephone: (7271 1:i''':I_14~l)
How long a resident of Clearwater?
Occupation: Attorney
Field of Education:
Telephone: (727) 507-9559
4~ years (25 plus in Pinellas County)
Employer: t)ouglls I Vi lkvrt II 1
Other Work Experience:
B.A. Southern.Nazarene University
J.D. St@t~p~ nniv8r.i~y Co11.~. of Law
If retired. former occupation:
Community Activities: Chairman Planning and zoninq: Board: Vice-Chairman
~~~r~Ar ~Av4A~ ~~mm4+.t...
Other Interests:
Board SeNlee (current and past):
p & z
Board Preference:
CDB
Chart8r Review
Additional Comments:
~ned: :;;1
Date:
February 15, 1999
See attached list lor boards that require Financial Disclosure at time of appointment
Please return this application & board questionnaire for each boartllisted to:
City Clerk's Department. P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
I (,rllo 1- \I~il-h'~d
l/Ifd/Od.-- II
COY1+i",v -ed {V\-\<~s-1-
~ l 11
Tr.l/Tn 'X'tH.J
'~~'TU ., eH'~nn~
C /IC_It)(.,_/'?/
In-OT ~CC"''''Tl~n
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~EIVED
(must be Clearwater resident) MAY 2 8 200~
Name:William L. Johnson
Home Address:
479 East Shore Dr. #1
Clearwater
Office Address:
OFFICIAl RECORDS AND
lEGISLATIVE SRVCS DEPT
ZiD33767
801 West Bay Dr. #406
Largo, FI.
Telephone:641-3444
ZiD33770
Employer: self
Other Work Experience:
First Federal S&L of Tarpon Springs,
1970-1980, left as Exec. V-P, Rutenberg Corp._
1980-1991, Exec. V-P, in charge of real estate_
self-emDloyed in real estate brokerage and commercial develoDment since then.
Community Activities:Planning and zoning board, city of Clw, and Community Dev, Board
Telephone:44 7 -0861
How long a resident of Clearwater?20 years
Occupation: real estate
Field of Education:
Uniy. of S. FI. BA, Business 1973
Other Interests:running, exercise
Board Service (current and past):
P&Z, Community Dev. Board
Board Preference:
CDB
Additional Comments:
Date: f^r~1
Signed:
See attached list for ards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department, P.
O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola ~venue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? _
_Since I was a member of this board previously I fully understand the duties and
responsibilities of the COB board._
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
_To many times to count_
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
_Since I am in the commercial real estate and development field, I deal with
engineers, attorneys and planners, tenants and other developers on a daily basis. I
also deal with other city governments, county government throughout the state. I
have lived out on the beach for the past 20 years, financed many homes in
Countryside while at the bank and developed many homes and office building and
the north wood plaza area while at Rutenberg. Recently helped in the redevelopment
of LaBelle Plaza, Publix, at highland and Belleair.
4. Why do you want to serve on this Board?
First and foremost to give back something, my time, to the community and help
forge the city into the place I want to live the remainder of my lifetime. I also enjoy
the interaction with the other board members and the sometimes tough decisions
we are asked to make. I also like to know what is going on in the city and the COB
board is next to being on the commission and I don't think the public could take
two Bill Johnson's on the board. Even though some people said that they did vote
for me this last election, Bill Jonson., they didn't notice the name difference.
Name:_Bill Johnson (William)_
Board Name:_Community Development Board_
.
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Home Address:
WTT.T.T~M P KT~lU8
Office Address:
100
34 Bohenia Circle North
Clearwater, Florida:
ZiD 33767
Telephone: 446-4870
How long a resident of Clearwater?
Occupation: Financial Advisor
Field of Education:
Telephone:
18 yp~r~ I
Employer: Am~ Express 'R~-\-1 r~d
Other Work Experience:
Associate degree, engineering
B.S. degree, physics & mathematics
M.B.A. deqree, finance & marketinq
Maqnetics enqineer
Pl;:!nt M;:!n::l~pr
If retired, former occupation:
n/a
General Manaaer
Business owner
Community Activities:
Director. Jolley Tro11p-y. nirprtnr ~ VP ~lp;:!rw;:!tpr
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Develooment Board
Parks & Recreation Board
Additional Comments:
Signed:
(J)~
Date:
Anril 13. 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
11'1/01- ~ f 0.) bo~ \t~+S
. \ 1 If{ 0,). - l~ '( . U _ 1I. .
S.~3 03 _V~ -fl., ea-..:tl~ ~~.
RRCEIVED
APR 1 ~ 1999
CITY CLE~K DEPT.
(
I
.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academiec background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of. development brought before the board.
. I have engineering and financial training that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relating to codes, planning and zoninq. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life .for our
Name: William P. Kirbas
residents and I would offer my advice to achieve it.
Communi 8 ~Q~1mX~ D
~\PE 16 1999
Board Name:
CITV CLEI1K DEPT
f
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board assists the Parks & Rae. staff in evaluating
current facilities and activities and recommending
improvements and capital expansion for parks and
recreation facilities to the City Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
. City's TV station?
A number of times including a four year term as a member
of the Parks and Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My prior experience on this board provides me wit~ a
thorough appreciation of the board's purpose and
responsibility. I have a keen interest. in athletics
and. recreation ~y way of my ~articipation. I have a
sound background in finance that could help in prior-
itizlng evaluated projects.
4. Why do you want to serve on this Board?
I'd like to continue working toward the Objectives set
durinamv previous term in makinq the parks and Recreation
Depa~tm8nt the finest in the State of Florida and its
facilities and ~rograms second to none that we would be
proud of.
Name:
William P. Kirbas
Board Name:
Parks
R ~J~F,l\TE\D;
and;. .R~crea t ion
i\~R 16 '\999
CITV GLS:\K DEPT
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: &0//;J9-PJ J. /f1 ~C/J,J~. ~
,
Home Address:
1Gb 3 ro,e,v€e. SrteE'E"T
()~wn~ > FL Zip 3376'
....
Telephone: 7 Z 7- t../- 'I 3 -7 (p (.0
How long a resident of Clearwater? 5/;2.. 8q 1'5
Occupation: 'P~DFt5S..SIaVAL EI..J~i.JE"Ett:. Employer: lue.
. .. Ifi Pt..AAJAJE"1f::... .
Field of Education: Other Work Experience:
{2,v,L f!- ST;tLJCTU~A-'- b.Jt:11tA!iE"41lt. ~(~~s:j€, "ElI\Jlke~V\V\1,
C1Tj t iPe-"w4L A~I./.u/,JtS- }JOt{. s.' 6..~lc~~Y U
'-\ 4 '3-.,2g~ 1
If retired, former occupation:
Community Activities: C./-IAJR.J'~p.:.l. DE~/6J,/ !?EVJe;......., t3D"7teo CaY1t!W,
t:~. f]~tn..J-~s CuV1'lf B";'/fNTiFi.JL.l 73";Ge.o ,pf DI6Tc:7ote-S
Other Interests:
Board Service (current and past):
1J5S(c;.~ 7?>5VIE1.v' J3D~180
Additional Comments:
Board Preference: .
LOIV/MVA/"7 V6VBUJl"JYJffUT 730~,r.p
Date: ~~ /J )111
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 111 s. . Osceola Avenue " R r (1 E I " ~ n
f ot __ ~p en ll~-I-- -' ..LJ .....,
I. II \\ I FEB171999
.'I'Lf If)).-
Sf TV CU::~:< DEPT.
WILLIAM J. McCANN, P.E., P.P.
Licensed ProfC88lonal Englnecr and ProfC88lonal Planner
1563 Turner Street
Clearwater, FL 33756
727-443-7660
BACKGROUND and PROJECTS
CIVIC
Chairperson - Design Review Board - City of Clearwater, FL
Board ofDtrectors - Keep Pinellas County Beautiful, Inc.
Member - Planning Board - Atlantic Highlands, NJ - 1977-78
Member - ZOning Board - Atlantic Highlands. NJ - 1975-76
PROFESSIONAL LICENSES
Professional Engineer - Florida - 1996
Professional Engineer - New Jersey - 1972
Professional Engineer - New York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land SUlveyor - Pennsylvania - 1980
Charter Member - American Institute of Certified Planners - October 1978
Certified by examination AlCP
Professional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967
RELATED WORK EXPERIENCES and DESIGN
CfHIIIII erctal
Carnegie Center - Planned Unit Development - 550 acres - 3.3 million SF Planned Corporate Headquarters
Office Park. 350,000 SF Commercial retail, 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350,000 SF
Gateway Shopping Center - 225,000 SF
CIVIL and SITE DESIGN
Planned Unit Developments, ~lanned Residential Developments, Single Family. Townhouses,
Condomiums, and Garden Apartments, Retirement Communities. .
Subdivisions and Site Plans for office buildings and shopping centers
Site layout, grading, earthwork quantities, railroad track design, utility seIVices.
Drainage systems, detention and retention basins, infiltration and exftltration systems.
Sanitary sewerage systems, collection mains, lift stations, force mains. regional systems: interceptor
trunk lines, pump stations, force mains and package treatment plant designs.
~ F: n Ji! T 'fl 11':. ~
.J_ - Jl ~~ .J~j.~ ,,I"
FEB.1 7 1999
o rTv'-', . ... ~.
. .. '. f (;\. '.... .' ,~' 1"'1'" ~"'.
.......... ,..,.. f...~~,,-r
Oct 15 04 Ol:49p
Jerr:;t Schauer
727 784 SOl5
p.l
RECEIVED
OCT 1 5 2004
OFF!Ci,.".l RECOI<DS AND
:. ~.(-;i:V,TiVE SRVCS DEPr
City of Clearwater - Application for Advisory Boards
(must be a Clearwater resident)
Name: Gerald (Jelly) L. Schauer
Home Address:
2958 Somersworth Drive
Clearwater, Florida 33761-1939
Office Address:
Same
Telephone 727.784.6015
Telephone: 727.560.2535
How long a resident ofClcarwater Since 1991 (13 years)
Occupation: Semi-Retired
Employer: Part Time _
CoamaJEn~ronmentm
Concepts, Inc.
Field of Education
B.A Degree in Education
B.S. Degree Accounting & Economics
Other Work Experience
CL T - Software
Bank of America - Banking
25 yrs
Secondary Education 4 yrs.
If retired, former occupation - Banking - retired from Bank of America
Community Activities: Served OIl Piriellas County School Board Budget Review
Committee - A volunteer with American Red Cross
Other Interests:
Boar.d Service (aurent.and past):
Board of Adjustments (City of Corm Springs)
. Board Prefer~:
Community Development
Board (COB)
Additional Comments: I have extensive experience in interpreting policies and
procedures as dir<<ted by.busiDess.maAuals aud management. I also have excellent
negotiation skills.
Date /ojym y
Oct 15 04 01:50p
Jerr~ Schauer-
727 784 S015
p.2
Board Questionnaire
1. W.hat is yoor understanding oft.heboard's duties and responsibilities?
The board members must have a working knowledge of the City's planning and
dev.elopment codes. .They must be able.to review petitions to determine if the ,requests
are within established guidelines and make recommendations to the City Commission
based on a solid review and knowledge of the facts.
2. Have you ever observed a board meeting either in person or on C- View, the City's
TV Station?
I ha\le viewed some City -Commission -meeting on TV, but no Advi5el'f Board
Meetings
), What.background.and lor .qualiiications.do y.ou have that you f= would qualify
you to serve on this board?
I have extensive business.experieuce iDvclWJg .dealing In.both the.pub1ic.aad private
sector with individuals as well as smaIl to large business interests. This experience
l'equired.me.to.operate.and.enforce stated.policies and .procedures while &-the same
time meeting the needs of those that I served. I have extensive negotiation skills.
I ha:re.served.on the Board Df Adjustments for the City .of Cor&! Springs as.it.s Board
Chairman. I also served on the City Council for City of Warsaw, Warsaw, Kentucky
as an elected official.
4. Why do you want to serve on this Board?
I am in ai>O$ition to assist the .City -in JlChievmg its .objectives. I ~so.believe that
development, that matches the community requirements, is very important to meeting
the needs.ofJhe citizeDs.of.clearw~.
I also enjoy public service. I read an article in local paper that the board has a vacancy
and I feel my experience as well as background can be an asset.
Name:
Gerald L. Schauer
Board Name: CDB. .
._~
5-20-04;17:33
7275391294;# 2
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO)(Nt)S 1 2004
(must be Clearwater resident)
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Name: k~("'LI ?Lt1TDN I -Pe
Home Address:
Jl1\ ASttroN AlSe,e'f R-D.
[, t,eA~Atei2- Zip 32>1SS
Telephone:.:7 2..1- Z. Ii B - D '2-4-3
How long a resident of Clearwater? ..1- Y f< .
occupatlon:BJV:'eN61/~~~/CDN~ Employer:.:fB~ brZoUf', INC.
Field of Education: Other Work Experience:
1?s..... CHf'M l( nL BN 6tlNeerz.1 f\.)tt.. ~~I\A. ~ ekeb
M. S. '" eN\), PotJ1\A~kl~~ ~ ,M"ILL\ ~-aJ wA~-rewA'rdL ~ ~
_~L-
If retired, former occupation: --
Community Activities: vAI~"- You(.t Heftt:-,- bLAT, Aboer - A... t::liflHWA'''(,J
JLMCA .
Otherlnterests: i3\~N6J I 'BDkr/NBt( ~W,oo.ltJ&f ~NGI, IAKJth- B'€A{jfCS
Board Service (current and past): Board Preference:
_N.O~E:: CDM\\AUlliLt D€vaoPJY,an- ~
Office Address:
?Bo fflf?t:PUice BLYl>. StJ. ITE- 300
J
Cl~~l Pt.. ziD3~ ISq
Telephone:"12.1 - 53 \.... 3>5D5
Additional Comments:
S~ned: f.viIrJ J1,{ ~
Date: .5- 2-D - 01-
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater. FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
5-20-04; 17 :.33
7275391294;# 3
BOARD QUESTIONNAIRE
..
1. What is your understanding of the board's duties and responsibilities?
CD5 IS A em~-BIlSED BO~b W!hC.H,H:G-tP5 ()I/~.!J;!G
A'DfU.I^HST~N bF--n-h;=- (DMfl4WJtTY 'i>fvA.of~ COL:Jlr, U~.
~H1JI1Lb B~ elJfLlILtflK- WtrH 7H>c LOf)~ / rrs ~/8IUTf OJ ~~
11 ft2<Jv, De ~u.fh.rr'(. SItEtWI-LuJeD DtNMlfmEllfT' IN flGSfe:.-rs
-17) "(1tt? SU/l.J!.tJ tliJl;) 'IJ e, /ttZ-E?1l s -
2. Have you ever observed a board meeting either in person or on C-View, the City's
1V station?
-.Jte'~ - H-Av~ 5~ VArLlOv(j BD;4{~j) ME'E:T11J67~ ON
c- V I e-w ,
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
T?elNbr A {1LIJFGSSl{)1JftL eN8IIN~ IIJ 11tE lONsutnlJ&,
F3U51N ES"S rf1t!:, C'f.foSei'J M~ 1b LftfJ'D DEVC'i-OPWlEflJl
Rf3.6ULftT/CJNS i .1:10 vJ fi;;l{.[ BI L..rrY ,.5 F'<BXullt.~b
5PeC/P/cftuy IN Af2JEAS ~(,H-/N6t CMACfTY
4. Why do you want to serve on this Board?
TO 61er AMf2.e. INvOLYt:!b wrrH fVl'f (IJrVliVlUIJ Ir'( fWfYUYlWl /rts 0
,
71J f{lJ)Vlbe- It [ITI~'S PtJl ~T oF- VI{?W 0;.) ~
fgp'€'Vf!:UJfmeNi OF ClBrRJNttrEt<- -'
Name: IleLLY S u,:mrJ
Board Name: DEVEaofrtllE,AJT
. TOTA.. P.03
" .
!
REC:EIVED
CITY OF. CLEARWATER - APPLICATION FOR ADVISORY BOARDS NOV 1 0 200~
(must be Clearwater resident)
Name:.
, F::i(;~.:.\l. ~~'t:'::>r)ki)~ ;'J~L;
I ,.:\JjVt ,;~PV' :'. ~ f{:.~.r~'
Home Address:
f 1--- I (.!? f,cjr yY) ud (J.- <3i- .
--rrr-. l .-. '? .-1 .,., r
( It<'1 (lAlv~V ~ j ZiD ~ .~ (~_)
Telephone: 7'X7 -Ll.Y2--{;o,O.~
How long a resident of Clearwater? S I nCL
Occupation:~ ~nd S(O-P~ r:s
Field of Education:
,.-., D~ l' \ . t' ('
~/h" I~\ I:Q.lllICC,. ...x:lfrJCL
Office Address: .
2 ex d"st.
I-Ill ,.VmL. C-.
.--
(\ ~ ' . F' I ~'2; --'
r.vl tA-ci-< V" , ZiD' ;-}:S.)
Telephone: ."J '1 ~ - Lt::l'L - ~l1DS
O~
Employer:_-r;-r:u;'l ~ lc.lJ-W\ '7-( ('-\.v-dSCc>-pc..
Other Work Experience: .
If retired, fanner occupation:
/\"17\ ,0 d r, ~ <, I
Community Activities:L.lt:1.+--i n v\ 1-.IlY'}<~. tbr i) \ }Y:\A r~ .!Y"\
f~ ;ddJA Sd'\(jol-
. ~ .. .
=l::'":~a~:~ti: 'J rforl~JrdPreferen,",:
Y~U\)h'J.;CGJ'I~' [ewfr:l-tk.L I . . &~~t~'1. I 'i\JlJ'1JAI'l.N\'V\+ ~d
f) I . ~r (II '. ~ ~
-L.th .f [ LLl1t~V\A~>\1,.,(
Additional Comments:
Signed: ~jtJ,~ :iD.~;'X)
Date:
J1JJ/O~
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department. P. O.
Box 4748, Clearwater, FL 337584748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
!
1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
t~ ~~tC~::wl~C:1 ~:GW~;~=
~l'\U la.tJd l.l<}( pav, ('1\Qn~~ Q'\ lJ..((~.1l a-~
: dltt< Jnf>wl lY"-J' ((13,(,\t5.
2: Have you ever observed a board meeting either in person or on C- View, the
City's TV station?
. . '-
,,11..__
,
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
]O.cblJws d.13~f ;i~. ~ S:;;nC1J Iviil--.-. It;')
.f.fbp\"'O. S 'r" ~ in SiG k a vld I J:r'Ci J ( '1tlt r< (""1'" ,"'" l.r+ 0 :11. d
lli~ ehh(\;~.
4. Why do you want to serve on this Board?
r W(J\AJJd I i~ rnof"<. j(\Vc,W I~ ~~
r(dJ.txlopmtr* O~ {JlA.r (~~(llnl J j{n~rf.rof isSI.Hi~
~ (I~;:); ~'~ ~IMAJ aai I. ',kh.k:l tv
J. Cr(l L.. of +1'/- --ko.I"\'i I
III '1,-'
Name: C h r, ~ti rIl I v<A.VI~
Board Name: ~ ~mmll~J,-r--=n( l.-(~n'J.I'1t '2m'- d
CA-2.
/3 )
City Council
Cover Memorandum
Trackinq Number: 961
Actual Date: 11/18/2004
Subiect / Recommendation:
Pass Ordinance No. 7350-04 on first reading, amending Ordinance No. 6779-01, which vacated
the 60-foot right-of-way of Third Street, (A/KIA Third Avenue), bounded on the east by the
westerly right-of-way line of Coronado Drive and bounded on the west by the easterly
right-of-way of South Gulfview Blvd., subject to special conditions.
Summarv:
Ordinance No. 6779-01, which vacated the right-of-way subject to special conditions was passed
and adopted in 2001.
The current owners of the property have requested amendments to the conditions contained in
Ordinance No. 6779-01:
In the first condition, Beachwalk Resort, LLC shall commence vertical construction within
one year of the effective date of Ordinance 7350-04 rather than complete construction within 3
years. The one year period may be extended for unavoidable delay as provided in the
Development Agreement.
Condition 5 requiring the developer to obtain approval from the City Commission of the final
design for South Gulfview/Beachwalk project has been deleted.
Oriqinating: City Attorney
Section City Attorney Reports
Cateqory: Code Amendments, Ordinances and Resolutions
Public Hearinq: Yes
Advertised Dates: 11/07/2004
11/21/2004
Financial Information:
Review Aooroval
Pam Akin
10-27-2004
16:38:26
Cvndie Goudeau
11-05- 2004
12:56:29
ORDINANCE NO. 7350-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6779-01 VACATING
THE 60 FOOT RIGHT-OF-WAY OF THIRD STREET, (AKA
THIRD AVENUE), BOUNDED ON THE EAST BY THE
WESTERLY RIGHT-OF-WAY LINE OF CORONADO DRIVE
AND BOUNDED ON THE WEST BY THE EASTERLY
RIGHT-OF-WAY LINE OF SOUTH GULFVIEW
BOULEVARD: SUBJECT TO SPECIAL CONDITIONS;
AMENDING THE SPECIAL CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, AI-Nayem International, Inc., and Thavabalasingam, 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. in Ordinance No. 6779-01. the City Council Qranted the vacation
subiect to special conditions which conditions have not been met; and
WHEREAS. the current owners. Beachwalk Resort. LLC. have requested
amendments to the conditions; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated subiect to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third Avenue),
bounded on the east by the westerly right-of-way line of Coronado Drive and bounded on
the west by the easterly right-of-way line of Gulf View Boulevard, closed and released and
the City of Clearwater releases all of its right, title and interest thereto, contingent upon
the following conditions:
1. The project described within the Development Agreement between the City
of Clearwater and Beachwalk Resort. LLC Clenl'wntor Sonsholl Resort, L.C.
shall be commence vertical construction complotod within one tJ:H:ee years
of the effective date of this ordinance. The one tAfee-year time period may
be extended for unavoidable delay as provided in the Development
AQreement suspended during mntters boyond tho control of the Clonl'wntor
Sonsholl Rosort, L.C., including litigation.
2. Easements shall be dedicated to provide adequate access to all relocated
utilities.
Ordinance No. 7350-04
3. All public and private utilities shall be relocated by Clearwater Seashell
Resort, L.C. at its own expense and to the approval and acceptance of the
utility owners with all out of service utilities removed prior to completion of
said project.
4. A 10-foot public access easement shall be dedicated to provide pedestrian
access from Coronado Drive to the new alignment of Gulf View Boulevard.
6. The Cleal'\vator Soashell Resort, L.C. shall obtain approval from tho City
Commission of tho final design for South Gulfvio':J/Beach'Nalk project.
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.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7350-04
City Council
Cover Memorandum
CA-3
IS. Z
Trackinq Number: 962
Actual Date: 11/18/2004
Subiect I Recommendation:
PASS Ordinance No. 7351-04 on first reading, amending Ordinance 6780-04, which vacated the
east 35 feet of the 70 foot right-of-way of Gulfview Blvd., bounded on the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of lots 57 and 104 of the
L1oyd-White-Skinner Subdivision, and bounded on the south by the westerly extension of the
south lot line of Lot 59 of said L1oyd-White-Skinner subdivision, subject to special conditions.
Summary:
Ordinance 6780-01, which vacated the right-of-way was passed and adopted in 2001 subject to
special conditions.
The current owners, Beachwalk Resort LLC, have requested amendments to the special
conditions:
In the first condition, Beachwalk Resort, LLC shall commence vertical construction within one
year of the effective date of Ordinance 7351-04 rather than complete construction within 3
years. The one year period may be extended for unavoidable delay as provided in the
Development Agreement.
Condition 5 requiring the developer to obtain approval from the City Commission of the final
design for South Gulfview/Beachwalk project has been deleted.
Originating: City Attorney
Section City Attorney Reports
Cateqory: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 11/07/2004
11/21/2004
Financial Information:
Review Approval
Pam Akin
10-27-2004
16:49:36
Cvndie Goudeau
11-05-2004
12:58:49
ORDINANCE NO. 7351-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6780-01, WHICH VACATED THE EAST
35 FEET OF THE 70 FOOT RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BOUNDED ON THE NORTH BY THE WESTERLY
EXTENSION OF A LINE PARALLEL TO AND 20 FEET NORTH
OF THE NORTHERLY LOT LINE OF LOTS 57 AND 104 OF
LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN
PLAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA AND BOUNDED ON THE SOUTH
BY THE WESTERLY EXTENSION OF THE SOUTH LOT LINE OF
LOT 59, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION, (AKA
THE SOUTH LOT LINE OF THE BEACH PLACE MOTEL CONDO,
PLAT BOOK 65, PAGE 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA), SUBJECT TO SPECIAL
CONDITIONS; AMENDING THE SPECIAL CONDITIONS~
PROVIDING AN EFFECTIVE DATE.
WHEREAS, AI-Nayem International, Inc., and Thavabalasingam, 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. in Ordinance No. 6780-01. the Council qranted the vacation subiect to special
conditions which have not been met; and
WHEREAS. the current owners. Beachwalk Resort. LLC, have requested amendments to
the sDecial conditions: and
WHEREAS, the City Council finds that said right-of-way is not necessary for municipal use
and it is deemed to be to the best interest of the City and the general public that the same be
vacated subiect to conditions as amended; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following: East 35 feet of the 70 foot right-of-way of Gulf View Boulevard,
bounded on the north by the westerly extension of a line parallel to and 20 feet north of the
northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pinellas County, Florida and bounded on the south by the
westerly extension of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA
the south lot line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the Public Records
of Pinellas County, Florida), closed and released and the City of Clearwater releases all of its
right, title and interest thereto, contingent upon the following conditions:
1. The project described within the Development Agreement between the City of
Clearwater and Beachwalk Resort. LLC Clear\":.ater Seashell Resort, L.C. shall
commence vertical construction be completed within one tAFee years of the
effective date of this ordinance. The one tAFee-year time periOd may be extended
for unavoidable delav as Drovided in the Development Aqreement suspended
during m::ltters beyond the oontrol of the Cle::lrvl{)ter Seashell Resort, L.C.,
including litigation.
Ordinance No. 7351-04
2. 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 on a
dedicated street right-of-way to the west of the subject right-of-way to
accommodate two lanes of two way traffic capacity.
3. Easements shall be dedicated to provide adequate access to all relocated utilities.
4. All public and private utilities shall be relocated by Beachwalk Resort. LLC
Cle:uwater Seashell Resort, L.C. to the approval and acceptance of the utility
owners with all out of service utilities removed prior to completion of said project.
5. The Clearwater Soashell Resort, L.C. shall obt3in 3pproval from the City
Commission of the final design for the South Gulfview/Be3chw31k project.
5. A 10-foot public access easement shall be dedicated to provide pedestrian access
from Coronado Drive to the new alignment of Gulf View Boulevard, and
6. 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:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7351-04