08/16/2004
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City Council Agenda
Date: 08/16/2004 6:00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
4.1 Service Awards
5 Presentations:
5.1 End of Session Report and Presentation - Rep Bilirakis
5.2 Presentation of the participants from the 2004 International Children's Games
6 Approval of Minutes
6.1 City Council - Aug 5, 2004
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearings
None
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 Residential Low
(RL)Category (County) to the Residential Low (RL) Category (City) and Zoning Atlas
Amendment from the R3, Single Family Residential District (County) to the Low
Medium Density Residential (LMDR) District (City) for 404 Oakmount Road together
with the abutting Oakmount Road right-of-way, (Lot 4, of Oakmount Subdivision); and
PASS Ordinances #7310-04, #7311-04 & #7312-04 on first reading.
9.2 Approve the Petition for Annexation, Land Use Plan Amendment from Residential Low
(RL) Category (County) to the Residential Low (RL)Category (City) and Zoning Atlas
Amendment from the R3, Single Family Residential District (County) to the Low
Medium Density Residential (LMDR) District (City) for 1627 Sherwood Street (Lot 1,
Block 20, Fourth Addition to Highland Pines Subdivision in Section 11, Township 29
South and Range 15 East); and PASS Ordinances #7313-04, #7314-04 & #7315-04 on
first reading.
9.3 Approve the Petition for Annexation, Land Use Plan Amendment from Residential Low
(RL) Category (County) to the Residential Low (RL) Category (City) and Zoning Atlas
Amendment from R3, Single-Family Residential (County) to Low Medium Density
Residential (LMDR) District (City) for 1616 North Betty Lane (Lot 15, Block B,
Stevenson's Heights in Section 10, Township 29 and Range 15); and PASS
Ordinances #7316-04, #7317-04 Ზ-04 on first reading.
10 Second Readings - public hearing
10.1 Adopt Ordinance No. 7322-04 on second reading, vacating a 10-foot utility easement
lying along the North boundary of Pen mar Drive, beginning at the Northwest corner of
Tract C, Myron A. Smith's Bayview Subdivision.
10.2 Adopt Ordinance No. 7323-04 on second reading, vacating the 3-foot drainage and
utility easement lying along the North property line of Lot 41, Imperial Park Unit 1, and
the 3-foot drainage and utility easement lying along the South property line of Lot 40,
Imperial Park Unit 1.
10.3 Adopt Ordinance No. 7325-04 on second reading, amending the Election Code,
Chapter 14, Clearwater Code of Ordinances.
City Manager Reports
11 Consent Agenda
None
Purchasing
11.1 Increase the award for the purchase of miscellaneous office supplies from $300,000 to
$500,000 ($200,000 increase) for the remaining portion of the contract period ending
June 30, 2005.
12 Other items on City Manager Reports
12.1 Approve the City Hall location as the temporary location for the Downtown Clearwater
Farmer's Market during the construction staging of Station Square Condominiums.
12.2 Approve a Highway Landscape Maintenance Memorandum of Agreement with the
Florida Department of Transportation, for the continued beautification of 3.7 miles of
right-of-way of Courtney Campbell Causeway, from Bayshore Drive to the Pinellas
County Line, and Adopt Resolution No. 04-25 authorizing execution of said Highway
Landscape Maintenance Memorandum of Agreement.
12.3 Approve a Recreational Easement Agreement between the City of Clearwater and
Pinellas County in accordance with the Management Plan for Bayview Park and
authorize the appropriate officials to execute same.
12.4 Approve the Land and Water Conservation Fund Program (LWCF) project grant
agreement for the Park Lake Motel purchase in the amount of $200,000, between the
State of Florida Department of Environmental Protection and the City of Clearwater
and authorize the appropriate officials to execute same.
12.5 Approve changing the name of Lasalle Street between Fairburn Avenue and Betty
Lane to Otis C. Green Drive, and pass Resolution 04-26.
12.6 Approve two Florida Recreation Development Assistance Program (FRDAP) project
grant agreements for the Ross Norton Recreation and Aquatics Complex project in the
amount of $400,000, between the State of Florida Department of Environmental
Protection and the City of Clearwater and authorize the appropriate officials to execute
same.
12.7 Approve a five-year lease with BJE, Inc., 630 S. Gulfview Blvd., Clearwater, FL for
retail space in Pelican Walk at 483 Mandalay Ave. for use as the Beach Branch Library
and authorize the appropriate officials to execute same.
12.8 Approve a 5 year Business Lease Contract of the old North Greenwood Library at 1250
Palmetto Street to Le'azon Technology Institute, Inc., a Florida not-for-profit
corporation, for total rent of $1.00 and other valuable consideration as defined therein
and authorize the appropriate officials to execute same.
12.9 Approve additional funding for Beach Walk in Capital Improvement Project 315-92267
(Coronado/ S. Gulfview Streetscape) in the amount of $12,439,775 contingent upon
the commencement of the Seashell Development project
12.10 IAFF union negotiations update.
13 City Attorney Reports
13.1 Authorize a civil action against Mid-Continent Electric, Inc. to recover $676.53 for
damage to City property.
13.2 Authorize the City Attorney to hire Thompson, Sizemore & Gonzalez as outside
counsel to represent the City in the case of Cynthia Bender v. City Of Clearwater in the
total estimated amount of $60,000.
13.3 ADOPT Resolution No. 04-28, confirming a declaration of a state of emergency and
establishing emergency procurement procedures.
14 City Manager Verbal Reports
14.1 County Water System - Storage/Blending Facility
15 Council Discussion Items
15.1 Future of South Beach Pavillion
15.2 Creating a citizens task force seeking recommendations on how to replace the
Harborview in 2009
15.3 Suncoast League of Cities Project Request - Jonson
16 Other Council Action
17 Adjourn
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Interoffice Correspondence Sheet
To:
From:
Mayor and Council members \ ~
Lois Norman, Senior Staff Assistant "0
CC:
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Pam Akin,
City Attorney
August 12,2004
Revisions to Agenda Packet for August 16, 2004
Date:
RE:
The following changes/additions are provided:
. Revised Agenda - Rev. 01-08/16/2004
. Item 5.1 - End of Session Report and Presentation - Senator Fasano and
Representative Bilirakis (no paperwork)
. Item 5.2 - Presentation of the participants from the 2004 International Children's
Games (no paperwork)
. Item 12.6 - Approve two FRDAP project grant agreements for Ross Norton
Recreation and Aquatics Complex - item provided
. Item 12.7 - Approve a five-year lease with BJE, Inc., for retail space in Pelican
Walk for use as the Beach Branch Library - item provided
. Item 12.8 - Approve a five-year Business Lease Contract of the old North
Greenwood Library to Le'azon Technology Institute - item provided
. Item 12.9 - Approve additional funding for Beach Walk contingent upon the
commencement of the Seashell Development project - item provided
. Item 12.10- IAFF union negotiations update (no paperwork)
. Item 14.1 - City Manager Verbal Reports - County Water System-
Storage/Blending Facility - paperwork provided
. Item 15.2 - Council Discussion Items - Creating a citizens task force seeking
recommendations on how to replace the Harborview in 2009 - (no paperwork)
memo to cnd for 08-16-04 Council Mtg - revisior1ls
TO:
FROM:
COPIES:
SUBJECT:
DATE:
Brian Aungst, Mayor
Susan Chase, Documents & Records Specialist
City Councilmembers, Bill Home, Cyndie Goudeau
Presentations at the August 16, 2004 Council Meeting
August 16, 2004
The following presentations will be made at the August 16, 2004 Council Meeting:
5 Years
William C. Moran, Parks & Recreation (letter of appreciation, keychain)
Emplovee of the Month - AU2ust 2004
Linda Myers, Finance (write up, $100 check, desk clock)
Presentations
End of Session Report and Presentation - Senator Fasano and Rep Bilirakis
Presentation of the participants from the 2004 International Children's Games
Clearwater
City Council
Agenda Cover Memorandum
4-1
Final Agenda Item #
Meeting Date: 8/16/04
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
SUMMARY:
o and that the appropriate officials be authorized to execute same.
5 Years
Markus D. DeBose
Dina Katsougrakis
Kevin E. Matthews
Theron Winston
Robert Wayne Hanson
Steve Berenguer
William C. Moran
Mark A. Wallace
10 Years
Dimas R. Burgos
Walter E. Sarna
Willie Porter
Erick L. Swinton
Public Services
Engineering
Police
Solid Waste General Services
Fire
Solid Waste General Services
Parks & Recreation
Public Services
Solid Waste General Services
Engineering
Solid Waste General Services
Solid Waste General Services
15 Years
Jeanette L. Paterkiewicz Public Utilities
20 Years
Gregory S. Turman
Ronald D. Whalen, Jr.
Wadine B. Shawen
25 Years
David P. Dopirak
James Fogarty
William B. Gillette
Rowland E. Herald
Lowell E. Nickerson
William C. Watkins
Nancy J. Miller
John A. Scacca
Mary C. Youngblood
Public Utilities
Solid Waste General Services
Development & Neighborhood Services
Fire
Fire
Fire
Fire
Fire
Fire
Police
Police
Solid Waste General Services
q . \
City Council
Cover Memorandum
Tracking Number: 725
Actual Date: 8/16/2004
Subiect / Recommendation:
Approve the Petition for Annexation, Land Use Plan Amendment from Residential Low
(RL)Category (County) to the Residential Low (RL) Category (City) and Zoning Atlas Amendment
from the R3, Single Family Residential District (County) to the Low Medium Density Residential
(LMDR) District (City) for 404 Oakmount Road together with the abutting Oakmount Road
right-of-way, (Lot 4, of Oakmount Subdivision); and PASS Ordinances #7310-04, #7311-04 &
#7312-04 on first reading.
Summary:
The subject property is located on the south side of Oakmount Road, approximately 200 feet
south of Sharkey Road. It is 0.187-acres in area and currently vacant. The applicant is requesting
this annexation in order to receive City sewer and water service so the property can be developed
with a single-family detached dwelling. The property is contiguous with the existing City boundary
to the north; therefore, the proposed annexation is consistent with Florida Statutes with regard to
voluntary annexation. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and their level of
service.
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
. The proposed annexation is contiguous to existing municipal boundaries and represents a logical
extension of the City boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2004-0300S) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled
meeting on July 20, 2004 and unanimously recommended approval.
Originating: Planning
Section: Quasi-judicial public hearings
Cateaorv: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 07/20/2004
08/19/2004
09/02/2004
Financial Information:
City Council
Cover Memorandum
Review Aoproval
Gina Clavton 07-26-2004 09:36:13
Cvndie Goudeau 08-05-2004 08:51:33
Cvndi Taraoani 08-02-2004 08:34:01
Garrv Brumback 08-04-2004 14:39:21
Leslie Dougall-Sides 08-02-2004 14:50:03
Bill Horne 08-04-2004 20:33: 11
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Location Map
Owners: Central Realty Inc. Case: ANX2004-03005
Site: 404 Oakmount Road Property Size (Acres): 0.18
R.O.W. Size (Acres): 0.17
Land Use Zoning
PIN: 07-29-16-62964-000-0040
From: RL (County) R3 (County)
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Future Land Use Map
Owners: Central Realty Inc. Case: ANX2004-0300S
Site: 404 Oakmount Road Property Size (Acres): 0.18
R.O.W. Size (Acres): 0.17
Land Use Zoning
PIN: 07-29-16-62964-000-0040
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 281A
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Zoning Map
Owners: Central Realty Inc. Case: A NX2004-03005
Site: 404 Oakmount Road Property Size (Acres): 0.18
R.O.W. Size (Acres): 0.17
Land Use Zoning
PIN: 07-29-16-62964-000-0040
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 281A
Aerial Photograph
Owners: Central Realty Inc. Case: A NX2004-03005
Site: 404 Oakmount Road Property Size (Acres): 0.18
R.O.W. Size (Acres): 0.17
Land Use Zoning
PIN: 07-29-16-62964-000-0040
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 281A
Single-family home being constructed on lot.
Single-family home being constructed on lot.
404 Oakmount Road
Central Realty Inc., ANX2004-03005
CDB Meeting Date: July 20. 2004
Case Number: ANX2004-03005
Agenda Item: F-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Central Realty Inc.
REPRESENTATIVE:
Stuart A. Cohen
LOCATION:
404 Oakmount Road
REQUEST:
(a) Annexation ofO.187-acres of property and 0.17-acres of
abutting right-of-way to the City of Clearwater;
(b) Land Use Plan amendment from Residential Low (RL)
Category (County) to the Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from the R3, Single Family Residential
District (County) to the Low Medium Density
Residential (LMDR) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
8,145 square feet or 0.187-acres
DIMENSIONS OF SITE:
81 feet wide by 97 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Detached dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-03005
Page 1
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
The subject property is located on the south side of Oakmount Road, approximately 200 feet
south of Sharkey Road. It is 0.187-acres in area and currently vacant. The applicant is requesting
this annexation to receive City sewer and water service in order to construct a single-family
detached dwelling. The property is contiguous with the existing City boundary to the north;
therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The City will provide sewer and water service. Capacity for the project is available for these
utilities. The closest sewer line is located in the Oakmount Road right-of-way. The applicant is
aware of the costs to extend service to this site and has paid the sanitary sewer impact and
assessment fees.
Solid Waste
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 proposed annexation is located within Patrol District 3. There are currently 56 patrol
officers, 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-03005
Page 2
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The proposed annexation is consistent with promoting the following goal of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application ofthe Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.S.]
The site is currently zoned R-3, Single-Family Residential in the County. The parcel will be
zoned Low Medium Density Residential (LMDR), which is the appropriate zoning district under
the Community Development Code. The parcel is 80 feet in width at the street and 8,145 square
feet in lot size. Under the current LMDR zoning district provisions, a minimum lot width of 50
feet and a minimum lot area of 5,000 square feet are required. The subject property exceeds the
minimum dimensional requirements of a standard development in the LMDR district and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of 5 dwelling units per acre for the RL Plan
category.
V. CONSISTENCY WITH PINEL LAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundary to the north. The compactness standard of Florida
law requires that the annexation does not create an enclave or a serpentine pattern of municipal
boundaries. The annexation of this property is consistent with these standards. In summary, the
annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board - July 20, 2004 - Case ANX2004-03005
Page 3
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sewer, solid
waste, water, police, fire and emergency medical services without any adverse effect on the
service level. The proposed annexation is consistent with both the City's Comprehensive Plan
and is consistent with Florida law regarding municipal annexation through its adjacency with
existing City boundaries.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following actions on the request:
Recommend APPROV AL of the annexation of the property located at 404 Oakmount
Road and the abutting Oakmount right-of-way.
Recommend APPROVAL of the Residential Low (RL) Category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the Low Medium Density Residential (LMDR) zonmg
district pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Bryan S. Berry, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 20041ANX2004-03005 Central Realty, 404 Oakmount RdlANX2004-03005 staffreport,doc
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-03005
Page 4
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Existing Land Use Map
Owners: Central Realty Inc. Case: ANX2004-03005
Site: 404 Oakmount Road Property Size (Acres): 0.18
R.O.W. Size (Acres): 0.17
Land Use Zoning
PIN: 07-29-16-62964-000-0040
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 281A
ORDINANCE NO. 7310-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF OAKMOUNT ROAD, APPROXIMATELY 200
FEET SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 4,
OAKMOUNT SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF OAKMOUNT ROAD, WHOSE POST OFFICE
ADDRESS IS 404 OAKMOUNT ROAD, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 4, Oakmount Subdivision, as recorded in Plat Book 45, Page 43, Public
Records of Pinellas County, Florida, together with the abutting right-of-way of
Oakmount Road
(ANX2004-03005)
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. 7310-04
ORDINANCE NO. 7311-04
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
SOUTH SIDE OF OAKMOUNT ROAD, APPROXIMATELY 200
FEET SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 4,
OAKMOUNT SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF OAKMOUNT ROAD, WHOSE POST OFFICE
ADDRESS IS 404 OAKMOUNT ROAD, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 4, Oakmount Subdivision, as recorded in Plat
Book 45, Page 43, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of
Oakmount Road (ANX2004-03005)
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7310-04.
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. 7311-04
ORDINANCE NO. 7312-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF OAKMOUNT ROAD, APPROXIMATELY 200 FEET SOUTH OF
SHARKEY ROAD, CONSISTING OF LOT 4, OAKMOUNT
SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF OAKMOUNT ROAD, WHOSE POST OFFICE ADDRESS
IS 404 OAKMOUNT ROAD, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 4, Oakmount Subdivision, as recorded in
Plat Book 45, Page 43, Public Records of Pinellas
County, Florida, together with the abutting
right-of-way of Oakmount Road
(ANX2004-03005)
Zonina 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. 7310-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7312-04
ell
City Council
Cover Memorandum
Trackino Number: 726
Actual Date: 8/16/2004
Subiect / Recommendation:
Approve the Petition for Annexation, Land Use Plan Amendment from Residential Low (RL)
Category (County) to the Residential Low (RL)Category (City) and Zoning Atlas Amendment from
the R3, Single Family Residential District (County) to the Low Medium Density Residential (LMDR)
District (City) for 1627 Sherwood Street (Lot 1, Block 20, Fourth Addition to Highland Pines
Subdivision in Section 11, Township 29 South and Range 15 East); and PASS Ordinances
#7313-04, #7314-04 & #7315-04 on first reading.
Summary:
The subject property is located at the southwest corner of Sherwood Street and Lynn Avenue,
approximately 200 feet east of Ridge Avenue. The parcel is 0.165-acres in area and is occupied by
an existing single-family detached dwelling. The applicant is requesting this annexation in order
to receive City sewer service. The property is contiguous with the existing City boundaries to the
north and west; therefore, the proposed annexation is consistent with Florida Statutes with regard
to voluntary annexation. It is proposed that the property have a Future Land Use Plan designation
of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and their level of
service.
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
. The proposed annexation is contiguous to existing municipal boundaries and a logical extension
of the City boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2004-04006) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled
meeting on July 20, 2004 and unanimously recommended approval
Originating: Planning
Section: Quasi-judicial public hearings
Cateoorv: Annexations, Land Use Plan and Zoning
Public Hearino: Yes
Advertised Dates: 07/20/2004
08/19/2004
09/02/2004
Financial Information:
City Council
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Review Aoproval
Gina Clavton 07-26-2004 09:20: 14
Cvndie Goudeau 08-05-2004 08:52:56
Cvndi Taraoani 08-02-2004 08:36:24
Garrv Brumback 08-04-2004 14:38:02
Leslie Dougall-Sides 08-02-2004 14:51:18
Bill Horne 08-04-2004 20:30:00
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Site: 1627 Sherwood Street Property Size (Acres): 0.165
Land Use Zoning
PIN: 11-29-15-39132-020-0100
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Land Use Zoning
PIN: 11-29-15-39132-020-0100
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Owners: Susanne Roessler Case: ANX2004-04006
Site: 1627 Sherwood Street Property Size (Acres): 0.165
Land Use Zoning
PIN: 11-29-15-39132-020-0100
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Owners:
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Site:
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Property Size (Acres):
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Aerial Photograph
Owners: Susanne Roessler Case: ANX2004-04006
Site: 1627 Sherwood Street Property Size (Acres): 0.165
Land Use Zoning
PIN: 11-29- 15-39132-020-0 1 00
From: RL (County) R3 (County)
To: RL LMDR A tics Page: 270B
Looking southwest at the property.
Looking south at the property from Sherwood St.
Looking south at the property from Sherwood St.
Looking west at the property from Lynn Avenue
1627 Sherwood Street
Susanne Roessler, ANX2004-04006
CDB Meeting Date: July 20. 2004
Case Number: ANX2004-04006
Agenda Item: F-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Susanne D. Roessler
LOCATION:
1627 Sherwood Street
REQUEST:
(a) Annexation of 0.165-acres to the City of Clearwater;
(b) Land Use Plan amendment from Residential Low (RL)
Category (County) to the Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from the R3, Single Family Residential
District (County) to the Low Medium Density
Residential (LMDR) District (City of Clearwater)
SITE INFORMATION
PROPERTY SIZE:
7,210 square feet or 0.165-acres
DIMENSIONS OF SITE:
103 feet wide by 70 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Detached dwelling
Detached dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 20, 2004 - Case ANX2004-04006
Page 1
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
The subject property is located at the southwest comer of Sherwood Street and Lynn Avenue,
approximately 200 feet east of Ridge Avenue. The parcel is 0.165-acres in area and is occupied
by an existing single-family detached dwelling. The applicant is requesting this annexation in
order to receive City sewer service. The property is contiguous with the existing City boundaries
to the north and west; therefore, the proposed annexation is consistent with Florida Statutes with
regard to voluntary annexation. It is proposed that the property have a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The property currently receives water service from the City of Clearwater. The City will provide
sewer service as well and capacity for the project is available for this utility. The closest sewer
line is located immediately north across Sherwood Street. The applicant is aware of the costs to
extend service to this site and has paid the sanitary sewer impact and assessment fees.
Solid Waste
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 proposed annexation is located within Patrol District 3. There are currently 56 patrol
officers, 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the field. The Police Department will be able to
serve this property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #48 located at
1700 North Belcher Road. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-04006
Page 2
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The proposed annexation is consistent with promoting the following goal of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.5.]
The site is currently zoned R3, Single-Family Residential in the County. The parcel will be
zoned Low Medium Density Residential (LMDR), which is the appropriate zoning district under
the Community Development Code. The parcel is 103 feet in width and 7,210 square feet in lot
size. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a
minimum lot area of 5,000 square feet are required. The subject property exceeds the minimum
dimensional requirements of a standard development in the LMDR district and is therefore
consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of 5 dwelling units per acre for the Residential
Low plan category.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north and west and represents a logical
extension of the existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with these standards. In summary, the annexation of this
property is consistent with Florida law.
VI.' CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board - July 20, 2004 - Case ANX2004-04006
Page 3
SUMMARY AND RECOMMENDATIONS:
The proposed annexation currently receives City water. The property can be served by City
sewer, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Florida law regarding municipal annexation through its adjacency with existing
City boundaries.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following actions on the request:
Recommend APPROVAL of the annexation of the property located at 1627 Sherwood
Street.
Recommend APPROVAL of the Residential Low (RL) Category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the Low Medium Density Residential (LMDR) zomng
district pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Bryan S. Berry, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
SIPlanning DepartmentlC D B\AnnexationslANX - 2004\ANX2004-04006 Susanne Roessler, 1627 Sherwood St\ANX2004-04006 staff report,doc
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-04006
Page 4
ORDINANCE NO. 7314-04
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 AT THE
SOUTHWEST INTERSECTION OF SHERWOOD STREET AND
LYNN AVENUE, APPROXIMATELY 200 FEET EAST OF RIDGE
AVENUE, CONSISTING OF LOT 1, BLOCK 20, FOURTH
ADDITION TO HIGHLAND PINES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1627 SHERWOOD STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 1, Block 20, Fourth Addition to Highland Pines
Subdivision, according to the map or plat thereof as
recorded in Plat Book 33, Page 90, Public Records of
Pinellas County, Florida.
(ANX2004-04006)
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. 7313-04.
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. 7314-04
ORDINANCE NO. 7315-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST
INTERSECTION OF SHERWOOD STREET AND LYNN AVENUE,
APPROXIMATELY 200 FEET EAST OF RIDGE AVENUE,
CONSISTING OF LOT 1, BLOCK 20, FOURTH ADDITION TO
HIGHLAND PINES SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1627 SHERWOOD STREET, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 1, Block 20, Fourth Addition to Highland
Pines Subdivision, according to the map or plat
thereof as recorded in Plat Book 33, Page 90,
Public Records of Pinellas County, Florida,
(ANX2004-04006)
Zonina 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. 7313-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7315-04
I
ORDINANCE NO. 7313-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST INTERSECTION OF SHERWOOD STREET AND
LYNN AVENUE, APPROXIMATELY 200 FEET EAST OF RIDGE
AVENUE, CONSISTING OF LOT 1, BLOCK 20, FOURTH
ADDITION TO HIGHLAND PINES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1627 SHERWOOD STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 1, Block 20, Fourth Addition to Highland Pines Subdivision, according to the
map or plat thereof as recorded in Plat Book 33, Page 90, Public Records of
Pinellas County, Florida. (ANX2004-04006)
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. 7313-04
q,;
City Council
Cover Memorandum
Tracking Number: 727
Actual Date: 8/16/2004
Subiect / Recommendation:
Approve the Petition for Annexation, Land Use Plan Amendment from Residential Low (RL)
Category (County) to the Residential Low (RL) Category (City) and Zoning Atlas Amendment from
R3, Single-Family Residential (County) to Low Medium Density Residential (LMDR) District (City)
for 1616 North Betty Lane (Lot 15, Block B, Stevenson's Heights in Section 10, Township 29 and
Range 15); and PASS Ordinances #7316-04, #7317-04 & #7318-04 on first reading.
Summary:
The subject property is located on the west side of Betty Lane, approximately 200 feet north of
Woodbine Street. The parcel is 0.16-acres in area and is occupied by an existing single-family
detached dwelling. The applicant is requesting this annexation in order to receive solid waste
service. The property is contiguous with the existing City boundaries to the south and east;
therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and their level of
service.
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
. The proposed annexation is
contiguous to existing municipal boundaries and a logical extension of the boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2004-04007) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled
meeting on July 20, 2004 and unanimously recommended approval.
Originating: Planning
Section: Quasi-judicial public hearings
Cateoorv: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 07/20/2004
08/19/2004
09/02/2004
Financial Information:
Review Aooroval
-,
City Council
Cover Memorandum
Leslie Dougall-Sides
Bill Horne
07-26-2004 09:23:49
08-05-2004 08:52:16
08-02-2004 08:35:09
08-04-2004 14:38:42
08-02-2004 14:50:43
08-04-2004 20:31:25
Gina Clavton
Cvndie Goudeau
Cvndi Taraoani
Garrv Brumback
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Proposed Annexation Map
Owners: Eugene Fields Case: ANX2004-04007
Site: 1616 North Betty Lane Property Size (Acres): 0.16
Land Use Zoning
PIN: 10-29- 15-85446-002-0 1 50
From RL (County) R3 (County)
To: RL LMDR A tlas Page: 269B
Aerial Photograph
Owners: Eugene Fields Case: A NX2004-04007
Site: 1616 North Betty Lane Property Size (Acres): 0.16
Land Use Zoning
PIN: 10-29-15-85446-002-0150
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 269B
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Existing Land Use Map
Owners: Eugene Fields Case: ANX2004-04007
Site: 1616 North Betty Lane Property Size (Acres): 0.16
Land Use Zoning
PIN: 1 0-29-15-85446-002-01 50
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 269B
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Future Land Use Map
Owners: Eugene Fields Case: A NX2004-04007
Site: 1616 North Betty Lane Property Size (Acres): 0.16
Land Use Zoning
PIN: 10-29-15-85446-002-0150
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 269B
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Zoning Map
Owners: Eugene Fields Case: ANX2004-04007
Site: 1616 North Betty Lane Property Size (Acres): 0.16
Land Use Zoning
PIN: 10-29-15-85446-002-0150
From: RL (County) R3 (County)
To: RL LMDR Atlas Page: 269B
r
CDB Meeting Date: July 20. 2004
Case Number: ANX2004-04007
Agenda Item: F-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Eugene Fields
REPRESENTATIVE:
James Fields Jr.
LOCATION:
1616 North Betty Lane
REQUEST:
(a) Annexation of 0.16-acre to the City of Clearwater;
(b) Land Use Plan amendment from Residential Low (RL)
Category (County) to the Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R3, Single-Family Residential (County)
to Low Medium Density Residential (LMDR) District
(City of Clearwater)
SITE INFORMATION
PROPERTY SIZE:
7,000 square feet or 0.16-acres
DIMENSIONS OF SITE:
70 feet wide by 100 feet deep m.o.!.
PROPERTY USE:
Current Use:
Proposed Use:
Detached dwelling
Detached dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 20, 2004 - Case ANX2004-04007
Page 1
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
The subject property is located on the west side of Betty Lane, approximately 200 feet north of
Woodbine Street. The parcel is 0.16-acres in area and is occupied by an existing single-family
detached dwelling. The applicant is requesting this annexation in order to receive solid waste
service. The property is contiguous with the existing City boundaries to the south and east;
therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The property currently receives water and sewer service from the City of Clearwater.
Solid Waste
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 proposed annexation is located within Patrol District 2. There are currently 65 patrol
officers, 9 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 645 Pierce Street. Community policing service will be provided through the City's
zone system and officers in the field. The Police Department will be able to serve this property
and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located
1720 Overbrook Avenue. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The proposed annexation is consistent with promoting the following goal of the City of
Clearwater Comprehensive Plan:
Staff Report - Connnunity Development Board - July 20, 2004 - Case ANX2004-04007
Page 2
i--
I
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.S.]
The site is currently zoned R3, Single-Family Residential in the County. The parcel will be
zoned Low Medium Density Residential (LMDR), which is the appropriate zoning district under
the Community Development Code. The parcel is 70 feet in width and 7,000 square feet in lot
size. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a
minimum lot area of 5,000 square feet are required. The subject property exceeds the minimum
dimensional requirements of a standard development in the LMDR district and is therefore
consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of 5 dwelling units per acre for the Residential
Low plan category.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the south and east and represents a logical
extension of the existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with these standards. In summary, the annexation of this
property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-04007
Page 3
with Florida law regarding municipal annexation through its adjacency with existing City
boundaries and eliminates an enclave.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following actions on the request:
Recommend APPROVAL of the annexation of the property located at 1616 North Betty
Lane.
Recommend APPROVAL of the Residential Low (RL) Category pursuant to the City's
Comprehensive Plan.
Recommend APPROV AL of the Low Medium Density Residential (LMDR) zomng
district pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Bryan S. Berry, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 20041ANX2004-04007 Eugene Fields, 1616 N. Betty LaneIANX2004-04007 staff report. doc
Staff Report - Community Development Board - July 20,2004 - Case ANX2004-04007
Page 4
Property at 1616 N. Betty Lane
Adj acent residential property to the south
Adjacent residential property to the north
1616 N. Betty Lane
Fields, Eugene; ANX2004-04007
ORDINANCE NO. 7316-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF BETTY LANE, APPROXIMATELY 200 FEET
NORTH OF WOODBINE STREET, CONSISTING OF LOT 15,
BLOCK B, STEVENSON'S HEIGHTS WHOSE POST OFFICE
ADDRESS IS 1616 NORTH BETTY LANE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 15, Block B, Stevenson's Heights, according to the map or plat thereof,
recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida.
(ANX20Q4-04007)
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. 7316-04
ORDINANCE NO. 7317-04
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
WEST SIDE OF BETTY LANE, APPROXIMATELY 200 FEET
NORTH OF WOODBINE STREET, CONSISTING OF LOT 15,
BLOCK B, STEVENSON'S HEIGHTS WHOSE POST OFFICE
ADDRESS IS 1616 NORTH BETTY LANE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 15, Block B, Stevenson's Heights, according
to the map or plat thereof, recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida.
(ANX2004-04007)
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. 7316-04.
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. 7317-04
ORDINANCE NO. 7318-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
BETTY LANE, APPROXIMATELY 200 FEET NORTH OF
WOODBINE STREET, CONSISTING OF LOT 15, BLOCK B,
STEVENSON'S HEIGHTS WHOSE POST OFFICE ADDRESS IS
1616 NORTH BETTY LANE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 15, Block B, Stevenson's Heights, according to
the map or plat thereof, recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida.
(ANX2004-04007)
Zonina 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. 7316-04.
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. 7318-04
10'"
City Council
Cover Memorandum
Tracking Number: 739
Actual Date: 8/16/2004
Subiect / Recommendation:
Adopt Ordinance No. 7322-04 on second reading, vacating a 10-foot utility easement lying along
the North boundary of Penmar Drive, beginning at the Northwest corner of Tract C, Myron A.
Smith's Bayview Subdivision.
Originating: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearing: Yes
Advertised Dates: 07/18/2004
07/25/2004
08/01/2004
Financial Information:
Review Approval
Pam Akin
07-28-2004
14:33:32
Cvndie Goudeau
08-03-2004
10: 19:54
ORDINANCE NO. 7322-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A TEN-FOOT UTILITY EASEMENT
LYING ALONG THE NORTH BOUNDARY OF A ROAD
(PENMAR DRIVE), BEGINNING AT THE NORTHWEST
CORNER OF TRACT C, MYRON A. SMITH'S BA YVIEW
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Our Lady of Divine Providence, owner of real property located in the
City of Clearwater, has requested that the City vacate the utility easement depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A ten-foot utility easement more particularly described as follows: Begin at
the northwest corner of Tract "C", Myron A. Smith's Bayview Subdivision, as
recorded in Plat Book 25, Page 57, Public Records of Pinellas County,
Florida; thence run South 21006'48" east along west line of Tract "C" 199
feet more or less to the north side of a 50-foot road (Pen mar Drive); thence
North 67029'05" east 365.93 feet along the north side of the 50-foot road to
the east line of Tract "C"; thence south 21006'48" east 50 feet; thence south
67029'05" west 365.93 feet more or less to the west line of said Tract "C";
thence north 21006'48" west 50 feet to the point of beginning
is hereby vacated and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7322-04
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Brian J. Aungst
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7322-04
,
11[,/"
City Council
Cover Memorandum
Tracking Number: 740
Actual Date: 8/16/2004
Subject / Recommendation:
Adopt Ordinance No. 7323-04 on second reading, vacating the 3-foot drainage and utility
easement lying along the North property line of Lot 41, Imperial Park Unit 1, and the 3-foot
drainage and utility easement lying along the South property line of Lot 40, Imperial Park Unit 1.
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 07/18/2004
07/25/2004
08/01/2004
Financial Information:
Review Aooroval
Pam Akin
07-28-2004
14:30:22
Cvndie Goudeau
08-03-2004
10:18:57
ORDINANCE NO. 7323-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE THREE-FOOT DRAINAGE AND
UTILITY EASEMENT LYING ALONG THE NORTH
PROPERTY LINE OF LOT 41, IMPERIAL PARK UNIT 1 AND
THE THREE-FOOT DRAINAGE AND UTILITY EASEMENT
LYING ALONG THE SOUTH PROPERTY LINE OF LOT 40,
IMPERIAL PARK UNIT 1; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Gail Derosia Fenn, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The three-foot drainage and utility easement lying along the north property
line of Lot 41, Imperial Park Unit 1, as recorded in Plat Book 59, Page 33,
Official Records of Pinellas County, Florida and the three-foot drainage and
utility easement lying along the south property line of Lot 40 of Imperial Park
Unit 1
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7323-04
,
I
jc.3
City Council
Cover Memorandum
Tracking Number: 741
Actual Date: 8/16/2004
Subiect / Recommendation:
Adopt Ordinance No. 7325-04 on second reading, amending the Election Code, Chapter 14,
Clearwater Code of Ordinances.
Oriainating: City Attorney
Section: Second Readings - public hearing
Cateaory: Second Reading
Public Hearina: No
Financial Information:
Review Approval
Pam Akin
07-28-2004
14:29:29
Cvndie Goudeau
08-03-2004
10: 18:01
ORDINANCE NO. 7325-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE ELECTION CODE; AMENDING
QUALIFICATIONS FOR CANDIDACY; AMENDING THE FILING
FEE; AMENDING THE QUALIFYING PERIOD; OPTING OUT OF
THE PROVISIONS OF SECTION 101.657 REGARDING EARLY
VOTING; MAKING NONSUBSTANTIVE CHANGES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to a referendum held March 9, 2004, the section of
the City Charter pertaining to municipal elections was amended; and
WHEREAS, pursuant to the referendum, regulations of municipal elections
are to be addressed in the Code of Ordinances;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Article 1, Chapter 14, Clearwater Code of Ordinances, is
hereby amended to read as follows:
Sec. 14.01. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Candidate means:
(1) Any person who seeks to qualify for election to the office of mayor-
commissioner or council member city commissioner by means of the petitioning
process and who appoints a treasurer and designates a primary depository, who
files qualification papers and subscribes to a candidate's oath as required by law,
and who receives contributions or makes expenditures or gives consent for any
other person to receive contributions or make expenditures, with a view to
bringing about his election or reelection to public office; or
(2) Any person who seeks to qualify as a write-in candidate pursuant to
section 14.44.
Supervisor of elections means the supervisor of elections of the county or his
designee.
Ordinance No. 7325-04
Sec. 14.02. Regular elections.
@) Regular municipal elections shall be held on the second Tuesday in
March of each year in which the term of any councilmember commissioner
expires.
(b) Early votino in municipal elections beoins 15 days before the
election. The City of Clearwater exercises its riqht to exempt itself from the
provisions of Section 101.657, Florida Statutes, and shall contract with the
Supervisor of Elections to provide facilities and services for early votinq. Voters
who wish to participate in early votino may do so at the offices of the Supervisor
of Elections of Pinellas County.
Sec. 14.03. Method and manner of election.
(1) Seats on the city council commission shall be numbered', and the
candidate receiving the largest number of votes among the candidates for that
seat shall be elected.
(2) The mayor oommissioner seat shall be number 1, the seats for the
terms which expired in 1986 shall be numbers 4 and 5, and the seats for the
terms which expired in 1987 shall be numbers 2 and 3.
(3) The election for seats 4 and 5 shall be held in 1992 and every third
year thereafter, and the election for seats 1, 2 and 3 shall be held in 1993 and
every third year thereafter.
(4) Vacancies occurring on the city council commission between
regularly scheduled elections shall be filled in accordance with the city charter.
*****
Section 2. Article III, Chapter 14, Clearwater Code of Ordinances is
hereby amending to read as follows:
Sec. 14.41. Qualification for candidacy.
*****
(2) All candidates must be at least 18 years of age~ am:i-must have
continuously resided in the city for at least one year as of the first day of the
qualifying period, and must submit an affidavit statino that they meet the
residency criteria. At the time of qualifying for office, each candidate shall pay a
filing fee of $100.00~ plus an election assessment as required by F.S. 9
99.093. These amounts shall be paid from the candidate's campaign account.
Candidates shall qualify without identification of party affiliation.
2
Ordinance No. 7325-04
I
(~a) Each candidate shall file the appointment of appoint a campaign
treasurer and desianation of dosignate a campaign depository not more than 180
days before an election, as a prerequisite to obtaining the petition cards from the
city clerk.
(~3) Upon filinq the prerequisite forms. anyARy person who seeks to
qualify as a candidate will receive 350 of the required printed petition cards from
the city clerk. Each required card shall contain the name and address of the
elector, the name of the candidate and the office being sought. Additional petition
cards may be reproduced by a candidate at his expense, provided that such
cards shall be of the same size and format as the cards issued by the city clerk.
(~4) Each petition card must be personally signed by a qualified elector
of the city in the exact manner as the signature of the elector appears on the
registration books of the supervisor of elections. A minimum of 250 petition cards
with valid signatures is required. Candidates will be responsible for the cost of
verification of the signatures by the supervisor of elections.
(6) Any candidate changing the designated office for which he is a
candidate shall be required to obtain the minimum number of valid signatures on
new petition cards bearing the name and address of the candidate and the city
council commission seat number sought by the candidate. Petition cards bearing
a city council commission seat number no longer sought by the candidate shall
be deemed invalid.
(7) Candidates may file qualifying papers with the city clerk during
regular business hours at the city hall during the qualifying period. which beains
at 8:00 a.m. on the first Monday in December and ends at 5:00 p.m. on the
second Friday thereafter. specified in the city charter. Any candidate may
withdraw from nomination, but no fee will be refunded. For the city election of
March 9, 2001, the qualifying period shall be December 1,2003 through
Deoember 15, 2003.
*****
Sec. 14.13. Additional disclosure statements.
(1) In addition to the disclosure requirements under F.S. S 112.3115, each
candidate and each member of the city council commission shall prepare and file
with the city clerk in affidavit form a disclosure statement containing a listing
without reference to amount of sources of income, including trusts, of the parties
named in this section and each person's spouse and minor children, if any; any
interest held by any of the individuals named in this section in any business
whether it is a partnership, corporation, proprietorship or holding company; all
real property in the state owned in whole or in part by the individuals named in
this section and their spouses; and allliabilitieG, individually or jointly, of the
3
Ordinance No. 7325-04
individuals named in this section and their spouses in excess of $1 ,000.00,
excluding therefrom a home mortgage, car or boat mortgage and any rotail
charge accounts.
(2) If any candidate or member of the city council commission fails to comply
with this section, then such failure shall be deemed grounds for disqualification or
removal from office.
*****
Section 3. Article IV, Chapter 14, Clearwater Code of Ordinances is
hereby amended to read as follows:
*****
Sec. 14.62. Political committees and committees of continuous existence.
All political committees and committees of continuous existence are required to
file as a committee with the city clerk clerk's department and shall adhere to all
regulations in this article.
Sec. 14.63. Political signs.
Candidates erecting political signs shall comply with the requirements of
Community Development Code Article 3. Division 18. includino but not limited to
Section 3-1805N.1 seotion 11.08(16).
Section 4. Article V, Chapter 14, Clearwater Code of Ordinances is
hereby amended to read as follows:
ELECTRONIC VOTING SYSTEM*
Sec. 14.81. The votinq system is provided as set forth in Chapter 101. Florida
Statutes. Definitions.
The follm\'ing words, terms and phrases, '....hen used in this articlo, shall have tho
meanings ascribed to them in this section, except INhere the context clearly
indicates a diff-erent meaning:
Election board means the clerks and inspectors appointed to conduct an election.
Electronic voting 'latina system means a system which includes those
components set out in F .8. S 101.5606, and apparatus necessary to
automatioally examine, oount and record votes.
4
Ordinance No. 7325-04
Electronic voting system bal.'ot moans a ballot 'A'hich is votod by tho process of
punching or marking '/lith a marking dovice for tabulation by automatic tabulating
oquipment or data procossing equipmont.
Official ballot means printod sheets appearing in booklot form containing the
namos of tho candidates nominated and a statoment of tho questions submitted.
Quostion means any chartor amendment, proposition or othor question submitted
to tho voters at ~my election.
Sec. 14.82. Use authorized.
The use of the electronic voting system provided by the supervisor of elections
for the conduct of all elections held by the city is hereby authorized.
Sec. 14.83. Testing.
The city clerk shall have the oloctronic voting system equipment at the proper
polling place before the time fixed for opening of the polls, and in good and
proper order for use at such elections. At least 15 days prior to ~m olection, a
writton notico shall be mailed to each candidate 'I.'hose name 'Nil! appear on the
ballot, stating Notification of the time and place where the pre-election logic and
accuracy testing of the equipment shall take place shall either be (liven to each
candidate at the time of qualifyin(l or sent certified mail to each candidate at least
15 days prior to the election. Following each test procedure the test results shall
be sealed. The results of such testing procedure shall be certified by a
representative of the city canvassing board and the city clerk. All such
certification shall be accomplished in the manner provided by F.S. 9101.5612.
Sec. 14.84. Number of units required.
The city clerk shall determine the actual number of eloctronic voting devices ooits
to be used in each precinct at each election. In determining the number of voting
devices ooits to be used in each precinct, the city clerk shall take into
consideration the requirements of state law and the traditional voting patterns of
each precinct, and shall furnish the number of oloctronic voting devices ooits
necessary to handle efficiently the number of anticipated voters in the precinct.
Sec. 14.85. Official Ballots.
Official Bsallots shall be of the form and description as required by state law.
Names of candidates shall be grouped by seat number and, within each group,
shall be listed in alphabetical order.
Sec. 14.86. Instruction of election boards.
5
Ordinance No. 7325-04
At least 20 Not mom than 21 days prior to date of an election, the city clerk,
assisted by representatives from the supervisor of elections, shall instruct the
election boards who are to serve in the election, such instructions to relate to
each duty assigned the election boards, including but not limited to instruction in
the manner of preparing the electronic voting devices system equipment for use
and the manner of running a test ballot. The supervisor of elections shall
maintain an attendance report signed by each member of the election boards
indicating that each member has attended the instruction session.
Sec. 14.87. Duties of election boards.
The election board of each polling place shall arrive at the polling place one hour
before the time set for opening of the polls, and shall arrange the polling place
and electronic voting system equipment for the election. In preparing and
operating each polling place, the election board shall utilize procedures outlined
in the most recent edition of Instructions for Poll Workers as provided C.E.S.,
Votomatic Voting System, Pinellas County, Florida, published by the county
supervisor of elections.
Sec. 14.88. Certificate of results.
In each election where electronic voting devices tffifts are used, a tabulation
report of the results shall be provided to the canvassing board and filed with the
minutes.
Section 5. 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:
6
Ordinance No. 7325-04
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
7
Ordinance No. 7325-04
\ .
Purchasing Memorandum
City Commission
8/16/2004
Agenda Number: 2429
1 A~enda Item No: 11.1
Type: Purchase
Quantity:
Requesting Dept: Finance
Using Dept: Purchasing
Bid Number or
Code Exception:
VendorInfo:
Description:
Comments:
Amount:
$ 200,000.00
2.564 (1)( d) Florida State Contract 618-0
Office Depot Inc., Tampa, Florida
Increase the award for the purchase of miscellaneous office supplies from $300,000 to $500,000
($200,000 increase) for the remaining portion of the contract period ending June 30, 2005.
City wide office supply purchases have increased from an average of$125,000 annually to over $250,000 in
the past 12 months. The initial award in the amount of $300,000 covered a 2 year period.
This contract usage has increased due to purchase of supplies for the new main and branch libraries. In
addition, the contract allows on-line purchase of supplies that are delivered the next day and are paid
through use of the City purchasing card. This contract provides a more convenient and efficient method of
procurement. This is a State of Florida contract piggyback.
Appropriation Code(s):
555-00000-141100-000-000
Comments:
This is an inventory code. Departmental codes will be charged
upon release.
uscl998
!2'!,
City Council
Cover Memorandum
Tracking Number: 716
Actual Date:
8/16/2004
Subiect / Recommendation:
Approve the City Hall location as the temporary location for the Downtown Clearwater Farmer's
Market during the construction staging of Station Square Condominiums.
Summary:
The Downtown Clearwater Farmer's Market will need to be relocated from its present location
because Station Square Park is scheduled to be a staging area for the construction of the Station
Square condominiums beginning in the fall of 2004.
Staff identified several potential locations for relocating the Farmer's Market during construction.
Each site was analyzed with Bob Fernandez, the manager of the Farmer's Market. The top three
sites all had close or adjacent parking facilities and safe and convenient access for market
patrons.
After careful evaluation, the preferred location for the Farmer's Market is the City Hall Parking Lot
for the following reasons:
--Shady area with sidewalk and wide grassy area for vendors
--48 metered parking spots adjacent to vendors (These spots meet the demand for vendors and
patrons-City Hall employees will not be affected)
--Farmers Market still located in Downtown core close to County and City employees
--Location also continues to serve private sector employees along Cleveland Street who are used
to using the market
--Patrons generally know the location of City Hall
--Market can still be held on Wednesday mornings
--Located on city-owned land with available electrical connections
--Public restrooms are available
The downside of the location is that parking will be limited for City Hall visitors on Wednesday
mornings. Also, the location in not on a highly visible street.
The City Hall location was presented to the Farmer's Market Board, the Downtown Development
Board, and the Main Street Committees for their endorsement. All approved the location.
The Farmer's Market operates between October and April and will celebrate its 10th year.
Originating: Economic Development and Housing
Section: Other items on City Manager Reports
Cateaory: Other
Public Hearina: No
Financial Information:
~ Other
Bid Required? No
Bid Exceotions:
Other
Other Contract?
No monetary value
In Current Year Budget?
No
Budget Adjustment:
No
Current Year Cost:
$0.00
Review Aooroval
Geraldine Camoos
Sharon Walton
Cvndie Goudeau
Pam Akin
Ralph Stone
Bill Horne
City Council
Cover Memorandum
07-12-2004 15:40:54
07-29-2004 17:52:05
08-04-2004 15:32:05
08-03-2004 08:59:37
07-22-2004 11 :04: 10
08-03-2004 17:45:38
i~'L
I
City Council
Cover Memorandum
Trackino Number: 731
Actual Date: 8/16/2004
Subject / Recommendation:
Approve a Highway Landscape Maintenance Memorandum of Agreement with the Florida
Department of Transportation, for the continued beautification of 3.7 miles of right-of-way of
Courtney Campbell Causeway, from Bayshore Drive to the Pinellas County Line, and Adopt
Resolution No. 04-25 authorizing execution of said Highway Landscape Maintenance Memorandum
of Agreement.
Summary:
The City of Clearwater and the Florida Department of Transportation entered into a Highway
Landscape Maintenance Memorandum of Agreement on August 4, 1994 for the beautification of
3.7 miles of right-of-way on Courtney Campbell Causeway, from Bayshore Drive to the Pinellas
County Line. This agreement was for the term of 10 years, and will expire on August 12, 2004.
The City of Clearwater desires to continue to maintain the beautification of this right-of-way,
specifically:
Removal of litter
Watering and fertilization of plants
Mulching of plant beds
Keeping plants as free as practicable from disease and harmful insects
Weeding the premises routinely
Mowing and/or cutting grass within the landscaped areas
Pruning plants, specifically removing dead or diseased parts of plants, and pruning
parts of plants which present a visible hazard to those using the roadway
Replacement/removal of dead or diseased plants that have fallen below project standards
Routine maintenance, as prescribed by the manufacturer, of any irrigation system
The Parks and Recreation Department has the necessary resources in place to continue to perform
these tasks at the current level of service.
The Department of Transportation requires the Memorandum of Agreement to allow landscaping
within their right-of-way.
Legal has requested that Council be aware that in accordance with Section 13 of the Agreement,
the FDOT District Secretary will have unilateral discretion to settle disputes stemming from or
related to this agreement, in effect removing the City's dispute resolution options. It is not
anticipated that this will become a problem as the City does have the right to terminate the
agreement without cause with 60 days written notice.
A copy of this Agreement is available for review in the Official Records and Legislative Services
Department.
Orioinating: Parks and Recreation
Section: Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 2
Public Hearing: No
City Council
Cover Memorandum
Financial Information:
Review Approval
Kevin Dunbar 07-30-2004 15:37:05
Garrv Brumback 08-04-2004 14:40:05
Laura Lioowski 08-02-2004 11:03:35
Michael Quillen 08-05-2004 10:03:00
Cyndie Goudeau 08-05-2004 13:56:16
Bill Horne 08-05-2004 11:34:48
RESOLUTION NO. 04-25
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
CONTINUE THE HIGHWAY LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AS ORIGINALLY
AGREED TO IN 1994; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Courtney Campbell Causeway serves at the major point of entry
into the City of Clearwater for over 108,000 residents and tourists daily; and
WHEREAS, the City of Clearwater has 3.7 miles of beautification along the
rights-of-way of Courtney Campbell Causeway, from Bayshore Drive to the Pinellas
County line, in which interest has been demonstrated in maintaining existing
landscaping; and
WHEREAS, the City Council desires to authorize the City Manager to execute a
Highway Landscape Maintenance Memorandum of Agreement in order to meet the
City's long-range goal of beautifying and maintaining this 3.7 miles of the Courtney
Campbell Causeway, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a Highway
Landscape Maintenance Memorandum of Agreement with the Florida Department of
Transportation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 03-33
~)l0: i2-'L
MOA 01-04
HIGH'" A Y LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the _ day of ,2004, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the "Department" and the CITY OF
CLEARWATER, a municipal corporation ofthe State of Florida, existing under the Laws of Florida,
hereinafter called the "Local Government".
WITNESSETH
WHEREAS, the Department owns State Road 60 right-of-way consIstmg of road
improvements and grassed areas abutting thereon located between
Bavshore Drive and the Pinellas County Line 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 requests to beautify the Project Highway by the
installation of landscape improvements which would enhance its aesthetic quality; and
WHEREAS, upon installation of the landscape improvements, the Local Government has
agreed to maintain the same in accordance with the provisions of Section 2 below; 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 Local Government by Resolution No. 04-25, a copy of which is attached
hereto as Exhibit "A", 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 shall install landscaping on those areas of the 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 hereofby this reference and all ofthe work
in connection therewith being hereinafter referred to as the "Project". Except as permitted in this
agreement, the Local Government shall not revise the Proj ect Plans and Specifications, or modify the
Project as installed, without prior written approval of the Department. All installations and
construction performed pursuant to this Agreement shall be performed in accordance with all
applicable laws, rules, procedures and guidelines of the Department. In the event that any
installations are at any time determined by the Department to not be in conformance with the
applicable requirements, or are determined 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, in
accordance with the Project Plans and Specifications, at the sole cost and expense of the Local
Government.
2. The Local Government at all times shall maintain the Project in a reasonable manner and
with due care in accordance with Project standards. Specifically, the Local Government agrees to
carry out the following maintenance responsibilities:
(a) removal of litter from the Project Highway;
(b) watering and fertilization of all plants;
(c) mulching of all plants beds;
(d) keeping plants as free as practicable from disease and harmful insects;
(e) weeding the Project premises routinely;
(f) mowing and/or cutting grass within the landscaped areas.
(g) pruning all plants, specifically removing of all dead or diseased parts of plants and
pruning of all parts of plants which present a visible hazard to those using the
roadway;
(h) replacement, or at the Local Government's option, removal of all dead or diseased
plants or other parts of the Project that have fallen below project standards. All
replacements should be of substantially the same grade, size and specification as
originally provided for in the Project Plans and Specifications, unless otherwise
authorized by the Department; and
(i) routine maintenance as prescribed by the manufacturer of all parts of any Project
irrigation system.
3. The Department recognizes that the Local Government must comply with Section 166.241,
Florida Statutes, for cities, or Section 129.07, Florida Statutes, for counties. This Agreement shall
not be construed to modify, in any way, the Local Government's obligations under those statutes.
4. Construction and Maintenance of the Project shall be subject to periodic inspections by the
Department. In the event that any of the 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 may terminate the agreement in accordance with paragraph lO(a).
5. The Department's Local Maintenance Office shall be notified forty-eight (48) hours in
advance of commencing any scheduled construction or maintenance activities. Emergency repairs
shall be performed without delay and the Local Maintenance Office notified immediately. The Local
Maintenance Engineer with responsibility for the roadway within this Project is
Brian Bennett located at 5211 Ulmerton Road, Clearwater, Florida 33760, telephone number
(727) 570-5101.
20f5
6. The Local Government stipulates that they have submitted copies ofthe landscaping plans to
all utilities with facilities within the limits of work 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 the Project. 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 of their work schedule so that any affected utilities can be
field located and marked to avoid damage.
7. Ifthe Local Government desires to position vehicles, equipment, or personnel, or to perform
maintenance activities closer than fifteen feet to the edge of pavement, or to close a traffic lane,
Maintenance of Traffic shall be in accordance with the Project plans and all Departmental
Maintenance of Traffic Regulations. The permittee shall have Maintenance of Traffic certified
personnel supervise the set up and operation of such Maintenance of Traffic devices at the site of the
construction or maintenance activity.
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 Proj ect 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 calendar days to remove all or part of
the Proj ect at its own cost. After the sixty 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 ofthe affected
portion of the project premises to the same safe condition as it was before installation of such
vegetation. The restoration expected shall consist 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 Local Government, following fifteen working days written
notice, fails to perform its maintenance responsibilities under this Agreement.
(b) By the Local Government following sixty calendar day's written notice.
(c) By the Department following sixty calendar day's notice.
11. Within 60 days following a notice to terminate pursuant to 1 O( a) or 1 O(b), ifthe Department
requests, the Local Government shall remove the Project and restore the Project premises to the same
safe condition existing prior to installation of the Project. If the Department does not request such
restoration or terminates this Agreement pursuant to 1 O( c), the Department may remove, relocate or
30f5
adjust the Project as it deems best.
12. To the extent provided by law, the Local Government 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 Local
Government, its agents, or employees, during the performance ofthe Agreement, except that neither
the Local Government, 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 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.
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:
(a) If to the Department, address to District Landscape Architect, Florida Department of
Transportation, 11201 North Malcolm McKinley Drive MS 7-1200, 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) lfto the Local Government, address to P.O. Box 4748, Clearwater, Florida 33758
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.
40f5
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: William B. Horne. II
Title: City Manager
By:
Kenneth A. Hartmann, P .E.
District Secretary, District Seven
Attest:
Title: City Clerk
(SEAL)
Attest:
Executive Secretary (SEAL)
As to form:
As to form:
(/l)~
77t~)
Title: 1}ssistant City Attorney
Office of the General Counsel, District 7
50f5
"
12-00473
(L WCF Project Number)
LW473
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2002-2003
PROJECT AGREEMENT - ACQUISITION
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF CLEARWATER, whose address is 100 S. Myrtle
Avenue, Clearwater, FL, 33761 (hereinafter called the "Grantee"), a local government,
in furtherance of the Park Lake Motel Purchase project, an approved outdoor recreation
project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021 (4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 354, which
has been approved by the Department.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than one year from the date of execution, inclusive.
The Project Agreement shall be performed in accordance with Chapter 62D-5,
Part' VII, Florida Administrative Code, (hereinafter called the Rule), the Land and
Water Conservation Fund (LWCF) Act of 1965, Public Law 88-578,78 Stat 897,
as amended, (hereinafter called the Act), and in accordance with general
provisions for sllch agreements prescribed by the United States Department of
the Interior (hereinafter called the USDOI) in the LWCF Grants-in-Aid Manual,
(hereinafter called the Manual). The Manual refers to the federal code of
regulations (CFRs) applicable to this Agreement. The following table identifies
several of the key CFRs addressed in the Manual, but does not limit the Grantee
to compliance with only the CFRs identified in the table.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW473, Page 1 of 12
DEP 55-238 (12/03)
"
CFR Cite
36 CFR 59
Title
Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
Coordination With the National Environmental Policy Act
Administrative and Audit Requirements and Cost Principles for Assistance
Proqrams
Nondiscrimination in Federally Assisted Programs of the Department of
Interior
36 CFR 800.8
43 CFR 12
43 CFR 17
The Grantee agrees to become familiar with all provisions and comply with the
Rule, effective July 15, 2001, and Manual, which are incorporated into this
Project Agreement by reference, as if fully set forth herein. In the event a dispute
should arise between the parties concerning the intent of any language herein
contained, the same shall be resolved by the adoption of that meaning which
furthers the intent and purpose of the above referenced Act and the general
provisions governing this Project Agreement as set forth in the Manual. No
construction shall be contrary to the requirements of the Acts of Congress or of
the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Park Lake Motel Purchase (Land and Water
Conservation Fund, LWCF Project Number 12-00473), hereinafter called the
Project, and enters into this Project Agreement with the Grantee for the
acquisition of that real property, the legal description of which shall be submitted
to the Department as described in the Land and Water Conservation Fund
Program Approved Project Documentation Form, DEP Form FPS-A048. The
approved Project Application, which includes the Project Elements (description of
project, detailed budget, and anticipated deliverables), is incorporated into this
Project Agreement by reference as if fully set forth herein. Any revisions to the
Project Elements as set forth in the approved Project Application must be
formally requested by the Grantee and, if agreed upon by the Department, the
modifications will be reduced to writing in an amendment to this Agreement.
3. Within three (3) years from the completion date set forth in the Project completion
certificate, unless extended by the Department for good cause at the written
request of the Grantee, the Grantee will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements in accordance with
the following elements: Bicycle path trail head, public outdoor art display
area and parking and other related support facilities.
4.
The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for pub)ic use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
DEP Agreement No. LW473, Page 2 of 12
DEP 55-238 (12/03)
'.
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200,000.00, which will pay said
federal program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or Donations)
B. Within sixty (60) days after receipt of the request, the Department's Grant
Manager shall review the completion documentation and payment request
from the Grantee for the Project. If the documentation is sufficient and
meets the requirements of the Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures (March, 2003) at www.dbf.state.fl.us/aadir/reference quide and
allowable costs for federal programs can be found under 48 CFR Part 31 at
http://www.access.qpo.qov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A-
122, A-21, at http://www.whitehouse.qov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
incorporated into this Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of the Project shall be
secured in accordance with the procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
DEP Agreement No. LW473, Page 3 of 12
DEP 55-238 (12/03)
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
!;}. If the Grantee has been granted a waiver of retroactivity (as defined in s. 620-
5.069(47), F.A.C.) and all applicable Manual requirements have been satisfied,
the full Project amount may be reimbursed upon completion of the Project if such
costs are identified in paragraph 10 herein as eligible costs incurred prior to
execution of this Project Agreement.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s. 62D-5.073(2)(a) of the Rule. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Descri tion of Work Performed
Waiver of Retroactivity granted September 19,
2002
Amount A roved
$400,000.00
Total Prea reement Costs A roved: $400,000.00
11. A.
Prior to commencement of Project acquisition, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation complies with the
Rule, the Department will give written notice to Grantee to commence the
development and approve the request for payment.
B. Upon execution of this Project Agreement, the Grantee acknowledges the
prior receipt of the LWCF Grants-in-Aid Manual, the Division of Recreation
and Parks' Grant and Contract Accountability Procedures, and the
required project commencement documents listed below that must be
completed by the Grantee, if applicable, and returned to the Department
within sixty (60) days following the execution date of this Project
Agreement.
C. Required Project Commencement Documentation for Acquisition
Agreements:
1. Grantee Documentation of Condemnation (if applicable)
DEP Agreement No. LW473, Page 4 of 12
DEP 55-238 (12/03)
"
3. Relocation Plan for Displaced Residents (PL91-646, if applicable)
4. Mean or Ordinary High Water Survey (if applicable)
5. Appraisal (2 copies)
6. Boundary Survey
7. Title Search
8. Certification of Manual Possession
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of this Project and shall certify that it has done
so to the Department by completing the Land and Water Conservation Program
Project Permitting Certification, DEP Form FPS-A052, referenced in s. 620-
5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project acquisition by the completion date
established in paragraph 1, above.
14. A.
The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in. accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with federal funds shall
be retained for five years following final disposition.
15. In addition to the provisions contained in Paragraph 14 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, Exhibit-1, must be provided to the Grantee with each amendment
which authorizes a funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement for purposes
of assisting the Grantee in complying with the requirements of Attachment A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/488-7896 to request
a copy of the updated information.
16. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompliance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
DEP Agreement No. LW473, Page 5 of 12
DEP 55-238 (12/03)
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
17. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department. The Department shall have no liability except as
specifically provided in this Project Agreement.
18. To the extent required by law, the Grantee will be self-insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
19. The Department's Grant Manager for the purpose of this Project Agreement shall
be responsible for ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The Grantee's Liaison
Agent, as identified in the Project Application, or successor, shall act on behalf of
the Grantee relative to the provisions of this Project Agreement. The Grantee's
Liaison Agent (also known as Grantee's Grant Manager), shall submit to the
Department signed Project status reports every ninety (90) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the Department. Any and all notices
shall be deemed effective and sufficient if sent via U.S. mail, facsimile (fax), or by
hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Art Kader, Assistant Director
Entity: City of Clearwater
Address: 100 S. Myrtle Avenue
City, State, Zip: Clearwater, FL 33761
Phone: 727/562-4824
SunCom Phone:
Fax: 727/562-4825
SunCom Fax:
Email: akader@c1earwater-fl.com
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW473 , Page 6 of 12
DEP 55-238 (12/03)
.,
Department's Grant Manager
Name: Collier Clark
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850)488-7896
SunCom Phone: 278- 7896
Fax: (850) 488-3665
SunCom Fax: 278-3665
Email: collier.clark@dep.state.fl.us
20. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
21. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
22. This Agreement may be unilaterally canceled by the Department for refusal by
the Grantee to allow public access to all documents, papers, letters, or other
material made or received by the Grantee in conjunction with this Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
23. Prior to the closing of the Project the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee.
24. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
25. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in acquiring and developing this Project. The Grantee
acknowledges that this requirement includes compliance with all federal, state
and local health and safety rules and regulations including all applicable building
codes. The Grantee further agrees to ensure that the Grantee will include the
DEP Agreement No. LW473, Page 7 of 12
DEP 55-238 (12/03)
requirements of this paragraph in all subcontracts made to perform this Project
Agreement.
26. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
27. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
28. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida" The Grantee represents that it has sufficient site control to
enable this dedication. All dedications must be promptly recorded in the county's
official public records by the Grantee.
29. The Grantee agrees to operate and maintain the Project site as stated in s. 620-
5.074(2) of the Rule. The Project site, Project-related facilities (if any), and any
future outdoor recreation facilities developed on the Project site shall be open to
the general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
30. The Grantee shall not, for any reason, convert all or any portion of the park for
any purpose other than public outdoor recreation without prior approval of the
USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the
Manual and s. 620-5.074(3) of the Rule.
31. Failure to comply with the provisions of the Rule or the terms and conditions of
this Agreement will result in cancellation of the Project Agreement by the
Department. The Department shall give the Grantee in violation of the Rule or
this Project Agreement a notice in writing of the particular violations stating a
reasonable time to comply.
32. In the event of conflict in the provisions of the Rule, the Project Agreement and
the Project Application, the provisions of the Rule shall control over this Project
DEP Agreement No. LW473, Page 8 of 12
DEP 55-238 (12/03)
Agreement and this Project Agreement shall control over the Project Application
documents.
33. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
34. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
35. . A.
36. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid, on or after December 22, 1989, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any Federal contract,
grant, or cooperative agreement. If any non-Federal funds are used for
lobbying activities as described above, the Grantee shall submit
Attachment B, Standard Form-LLL, "Disclosure of Lobbying Activities"
(attached hereto and made a part hereof), and shall file quarterly updates
of any material changes. The Grantee shall require the ~anguage of this
certification to be included in all subcontracts, and all subcontractors shall
certify and disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Project Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
DEP Agreement No. LW473, Page 9 of 12
DEP 55-238 (12/03)
...
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
37. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
38. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
39. A.
In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by
USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a copy of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
c. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
40. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Project Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
41. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this Project Agreement, shall impair
any such right, power or remedy of either party; nor shall such delay or failure be
DEP Agreement No. LW473, Page 10 of 12
DEP 55-238 (12/03)
-,
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
42. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
43. This Project Agreement is an exclusive contract and may not be assigned in
whole or in part without the prior written approval of the Department.
44. The parties hereto acknowledge and agree that provisions contained in
paragraphs 3, 4, 14, 21, 27, 28, 29, and 30 shall survive the end date of this
Agreement established in paragraph 1.
45. This Project Agreement represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this
Project Agreement shall only be valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW473, Page 11 of 12
DEP 55-238 (12/03)
..
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
(See attached signature page)
By:
By:
Division Director
Division of Recreation and Parks
and State Liaison Officer
(or designee)
Printed Name
Date:
Title
Date:
FEID No.:
Address:
Bureau of Design and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Address:
DEP Grant Manager
Grantee's Attorney
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on
12/08/2003.
Attachments:
Attachment A
Attachment B
Attachment C
- Special Audit Requirements (5 pages)
- Disclosure of Lobbying Activities (2 pages)
- Certification Regarding Debarment/Suspension (2 pages)
DEP Agreement No. LW473, Page 12 of 12
DEP 55-238 (12/03)
"
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Brian J. Aungst
Mayor
Approved as to form:
Attest:
/1-'
//> L~\
<.._.--:; ... l/ -,
Cynthia E. Goudeau
City Clerk
Laura I/Ipowski
Assist~nt City Attorney
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
I. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
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DEP Agreement No. LW473, Attachment A, Page 1 of 5
DEP 55-215 (0 I /02)
-
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources. of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with th~ audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
ofa financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website htto://www.leg.state.fl.us/. Governor's Website http://www.flgov.com/. Department of Banking
and Finance's Web site http://www.dbf.state.fl.us/. and the Auditor General's Web site
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LW473, Attachment b" Page 2 of 5
DEP 55-215 (01/02)
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office ofthe Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Auqit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
DEP Agreement No. L W473, Attachment /1, Page 3 of 5
DEP 55-215 (01/02)
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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DEP Agreement No. L W 473, Attachment /l, Page 4 of 5
DEP- 55-215 (01/02)
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Approved by OMB
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this fonn to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1.- Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
0 a. contract D a. bid/offer/application D a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date oflast report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
o Prime D Subawardee
Tier , ifknown:
Congressional District, ifknown: Congressional District, ifknown:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml): different from No. lOa)
(last name, first name, Ml):
(attach Continuation Sheet(s) SF-LLLA, if necessary)
It. Information requested through this form is authorized by title 31 U.S.c. Signature:
section 1352. This disclosure of lobbying activities is a material Print Name:
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.c. 1352. This information will be reported to Title:
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only: I Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
Form DEP 55-221 (01101)
DEP Agreement No. LW473, Attachment B, Page 1 of 2
or
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
V.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by the reporting entity for this covered
Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Sub awardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount ofthe award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducinl! this burden, to the Office of Manaeement and Bud!1et, Paperwork Reduction Proiect (0348-0046), Washineton, D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW473, Attachment B, Page 2 of 2
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW473
1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this
day of
,20_.
By
Authorized Signature/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
Form DEP 55-220 (01101)
Page 1 of2
DEP Agreement No. LW473, Attachment!,;;" Page 1 of 2
~.
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Fedf~ral Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility ami Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01) Page 2 of2
DEP Agreement No. LW473, Attachment~, Page 2 of 2
\ ~'?J
City Council
Cover Memorandum
Trackina Number: 736
Actual Date: 8/16/2004
Subiect / Recommendation:
Approve a Recreational Easement Agreement between the City of Clearwater and Pinellas County
in accordance with the Management Plan for Bayview Park and authorize the appropriate officials
to execute same.
Summary:
In November 2002, the City entered into a Grant Award Agreement with Florida Communities
Trust (FCT), a State of Florida agency, for the purchase of 4.2 acres of land located at 3035 Gulf
to Bay Boulevard, commonly known as Bayview Park.
As a part of the Grant Agreement and Management Plan for the property, the City was to work
with Pinellas County to initiate an easement agreement that would allow a portion of county
property to be included in the development of a passive recreational park.
The easement agreement identifies a 50' wide section of the county property on the west
boundary leading down to the beach area where a 100' wide section of beach area would also be
included in the overall park plan. A mulch path and an observation deck at the waters edge is the
only development planned to be included in this area.
There is no cost associated with this agreement.
A copy of the agreement is available for review in the Office of Official Records and Legislative
Services.
Oriqinatinq: Parks and Recreation
Section: Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Kevin Dunbar 07-27-2004 11:21:23
Garrv Brumback 08-04-2004 14:26:26
Laura Lipowski 07-30-2004 14:06:40
Michael Ouillen 08-05-2004 10:11:33
Cyndie Goudeau 08-05-2004 13:57:13
Bill Horne
City Council
",=c",=~====J~g,~"!:!~c!!cf,,2~~I,,,Mc~"m,2,r,!!,!:!~,!:I_m_m'"
08-05-2004 11:33:46
8- E-04;10:47A~1;PAPK A~ID RECREATIO~J
;727SE24825
# 1/
PINELLAS COUNTY PUBLIC WORKS
DIVISION OF SURVEY AND MAPPING
22211 U.S. HIGHWAY 19 N.
CLEARWATER, f-"LORJDA 33765-2347
DESCRIPTION
l'il1ellasi--
~~u~,~
SECTION(S) 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST
Additions or c!8lelion, by other than the Pro/e99;onol Land Surveyor In 'esponaibl8 charge ;$ proh:b:tell.
Land Po=u:;ripliQn is involi.j -Ithoul 61gnalure and/or omOQSS8d B80) 0' l"'~ PtoJe:S1ii"nol Lond SVl"'v'eyor
An irregular shaped porcel, being a portion of thot certain tract, os described in OK 6688,
Pages 1678-1679, Parcel 2, public records of Finellos County, Florida, the some bein9 0
portion of 1RACT B, MYRON A. SMITH'S BAY VIEW SUBDIVISION, according to plot thereof, as
recorded in Plot Book 25, Page 57, public records of Pinel10s County, lying within Government
Lot 1, Fractional Section 16, Township 29 South, Range 16 East. Pinellas County, being
described as follows:
Commencing at the West 1/4 Corner of SOld Fractional Section 16, run S 89'27'S6"E
along the East-West Centerline thereof. for a distance of 1379.40 feet;
thence S OO'08'20"E, for 0 distance of 50,00 feet to a Point of Intersection with
the South right-ot-way line of State Road No. 60(Gulf-to-Say Blvd,) and the East
right-or-way line of County Road No. 31(8ayview Avenue): thence along the
right-of-woy for County Rood No, 31 the following three (3) courses:
(l)S 00'08'20"E. for CJ dislance of 29.75 feet to a Point of Curvature:
(2)thence southwesterly, 253.89 feet along the arc of 0 curve, concave northwest,
hoving 0 rodius ot 215.11 feet, through 0 central angle of 67'37'25", a chord bearing
S 33'40'22"W. 239-40 feet to 0 Point of Tangency; (3) thence S 67'29'OS"W, for a
distance of 238.80 feet; thenf;e S 22' 30'SS"E, for a distance of 1.00 foot;
thence S 67'29'OS"W olong 0 line being one(1) foot south of and parallel with the
Southerly right-of -way line of County Road No. 31, a portion of said County Rood
No. 31, being vocated per O.R. 9752, Page 1872. public records of Pinellas County,
for CI distance of 202.90 feet. for 0 POINT OF BEGINNING; thence S 21'06'4S"E along
a line being fifty(SO) feet easterly of and parallel with the West line of said troct,
os described in O.R, 6688, Foges 1678-1679, Parcel 2, for a distanf;e of 465.51 feet;
thence N 51'17' 4.3"E, for 0 distance of 170.07 feet to 0 point being thirty(30) feet
westerly of the West right-at-way fine of the Boyside Bridge, os described in
O.R. 7480, Pages 575-649, public records of Pinellos County; thence S 11'33'32"[
along a line being thirty(30) feet westerly of and parallel with said West right-ot-way
line of the 80yside Bridge, for 0 distance of 112.38 feet to the Mean High Woter Line
of Tampa Boy; thence S 51'17'43"W clong said Mean High Water Line, for a distance of
202.95 feet; thence N 21'06' 48"W, for a distance of 585.04 feet ta the most Westerly
corner of aforesaid trad, as described in O.R. 6688, Pages 1678-1679, Parcel 2:
thence N 67"29'OS"E aloog the Northerly boundary thereof, for a distance of 50.00 feet
to the POINT OF BEGINNING.
CONTAINING: 42.615 squore feel or 0.978 acres more or less.
BASIS OF BEARINGS: Bearings are assumed, based on the East-West Centerlil'1~:- at ~~o~lion'a(,.'_
Section 16, Township 29 South, Range 16 East. Pinellas County, Florida, be~~g."'.S" 65f2.~i,~"E,.
,"~' .
'" ~,
. i '~
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CALCULATE!) BY:
dwb
CHECKED 8'1';
S.Z,
Tha above Sketch and/or land deScription WQS prepared under my suparvi9!on and is true and
c eet to the be9t of my ~Ilowledge and belie/.
By: Pingllo9 Cou 'I Public War
()?!o91o~
,":" " . -'.~....."
.,
S.F.N.:
1247
EXHIBIT
SHEET 1 OF 2
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5993
SEA~
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Parcel No.: P002
fj:: 1~'3
RECREATION EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this _ day of 20_, by and
between PINELLAS COUNTY, FLORIDA, a political subdivision of the State of Florida, party of
the first part, (hereinafter referred to as "GRANTOR"), and the CITY OF CLEARWATER,
FLORIDA, party of the second part, (hereinafter referred to as "GRANTEE").
WITNESSETH:
THAT THE GRANTOR, for and in consideration of One and 00/100 Dollars ($1.00), and
other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
grant and convey to GRANTEE, a perpetual exclusive Recreation Easement on that certain property
which is owned by GRANTOR located in Pinellas County, State of Florida, to wit:
Lands described in legal description attached hereto and being more particularly
described in Exhibit "A"(hereinafter referred to as "Easement Premises")
The Grantor and Grantee mutually agree to the following provisions:
1. The Easement Premises will be used by the Grantee for recreational purposes as part of a city
park to be named hereafter;
2. A Conservation Easement granted to the State of Florida by Pinellas County, dated
December 10, 1990, encumbers the Easement Premises.
3. The Easement Premises will be improved with a mulched path and an observation deck;
4. GRANTEE will provide general maintenance ofthe Easement Premises and protection and
maintenance of any Indian Middens on the Easement Premises;
5. GRANTEE will provide full access to all GRANTOR staff and maintenance vehicles;
6. The Easement Premises will be policed in accordance with standard policing procedures to
the extent permitted by law.
7. GRANTEE, to the extent permitted by applicable law, will protect, defend, indemnify, save
and hold harmless GRANTOR against and from any and all claims, demands, fines, suits,
sections, proceedings, orders, decrees and judgments of any kind or nature by or in favor of,
anyone whomsoever, and against and from any and all costs, damages and expenses,
including attorney's fees, resulting from, or in connection with, loss of life, bodily or
personal injury or property damages arising, directly or indirectly, out of or from
GRANTEE's use and occupancy of the Easement Premises, or GRANTEE's employees,
agents, contractors or invitees use and occupancy of the Easement Premises; however,
nothing contained herein shall be construed to waive or modify the provisions of Florida
Statute 768.28 or the doctrine of sovereign immunity as to any party hereto;
1
8. If the GRANTEE, at any time, abandons or terminates this Easement, for any reason, which
results in the easement not being a part of a city park to be named hereafter; the Easement
Premises shall revert to GRANTOR and all rights and obligations of the parties hereunder
shall immediately terminate.
9. Should the Grantee charge an admission fee to the City park, the Grantee will extend the
same rate of admission to both City and Non-City residents.
TO HAVE AND TO HOLD, the same unto said GRANTEE, its successors and assigns forever.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner ofthe fee simple title to
the premises in which the above-described Easement Premises is located, (b) that GRANTEE will
have quiet and peaceful possession, use and enjoyment of this easement.
IN WITNESS WHEREOF, GRANTOR and GRANTEE have hereunder set their hand and seal on
the date shown.
WITNESSES:
GRANTOR:
PINELLAS COUNTY, FLORIDA,
a political subdivision of the State of Florida
Print Name:
By:
Print Name:
Stephen M. Spratt
County Administrator
Stephen M. Spratt, County Administrator, personally known to me, acknowledged the
foregoing instrument before me this day of , 2004.
(SEAL)
Notary Public, State of Florida
Print Name:
Personally Known To Me
Type of Identification Produced:
OR Produced Identification
2
Countersigned:
GRANTEE:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Cynthia E. Goudeau, City Clerk, personally known to me, acknowledged the foregoing
instrument before me this day of , 2004.
(SEAL)
Notary Public, State of Florida
Print Name:
Personally Known To Me
Type ofIdentification Produced:
OR Produced Identification
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
By:
Sr. Asst. County Attorney
FDocuments\Real Estate Division\RED Staff Projects\Nancy\2001-1 013 HISTORIC BA YVIEW\Recreational-Easement-06-04.doc
3
r-----
1~.4
City Council
Cover Memorandum
Trackina Number: 737
Actual Date: 8/16/2004
Subiect / Recommendation:
Approve the Land and Water Conservation Fund Program (LWCF) project grant agreement for the
Park Lake Motel purchase in the amount of $200,000, between the State of Florida Department of
Environmental Protection and the City of Clearwater and authorize the appropriate officials to
execute same,
Summary:
In August 2002, the City Commission approved the purchase of the Park Lake Motel at a total
acquisition cost of $585,000, using Open Space and Recreation Facility Land Impact Fees, which
provided the City's grant amount match of $200,000.
The City has been awarded a (LWCF) grant of $200,000 to be used towards the cost to purchase
the Park Lake Motel. The award will reimburse the City for a portion of the total acquistion cost,
The purchase of this property provides a location where additional parking will be constructed to
serve the patrons of Crest Lake Park.
Grant funding in the amount of $150,000 was anticipated for the purchase of the property and
already included in Capital Improvement Project 315-93207; therefore, a third quarter budget
amendment in the amount of $50,000 will be recognized to increase the Crest Lake Renovations
CIP from $150,000 to $200,000.
A copy of the agreement is available for review in the Office of Official Records and Legislative
Services,
Oriainating: Parks and Recreation
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Cooies attached: 1
Public Hearinq: No
Financial Information:
Type: Purchase
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Purchase of real estate
ater
In Current Year Budget?
No
Budget Adjustment:
No
Current Year Cost:
$0,00
Annual Operating Cost:
$0.00
Review Aooroval
Kevin Dunbar
Cvndie Goudeau
Maraie Simmons
Garrv Brumback
Laura Lipowski
Bill Horne
City Council
Cover Memorandum
07-28-2004 11:35:39
08-05-2004 08:56:29
07-28-2004 13:40:56
08-04-2004 14:23:43
07-29-2004 14:01 :36
08-04-2004 20:29:06
'2 c
i -' ,::;>
City Council
Cover Memorandum
Tracking Number: 733
Actual Date: 8/16/2004
Subject / Recommendation:
Approve changing the name of Lasalle Street between Fairburn Avenue and Betty Lane to Otis C,
Green Drive, and pass Resolution 04-26,
Summary:
Otis C. Green has made a career of caring for people who are in need of help. His involvement in
the operation of Everybody's Tabernacle and the Homeless Emergency Project has been of great
value to the City.
Staff was asked to evaluate renaming a street in his honor in the vicinity of these two institutions.
The segment of Lasalle Street between Fairburn Avenue and Betty Lane was chosen due to its
location in the immediate vicinity, and due to the minimal impact on this established
neighborhood.
Staff research indicates that there are two residences that will be directly affected by this street
name change. They have been notified in writing and no objections have been received.
The estimated cost to the City to change the associated street name signs is approximately $100.
Originatina: Engineering
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - without cost
Public Hearina: No
Financial Information:
Review Aoproval
MichaelOuillen 07-26-2004 11 :05:46
Garrv Brumback 08-04-2004 14:24:41
Brvan Ruff 07-27-2004 10:20:35
Bill Horne 08-05-2004 11:35:51
Cyndie Goudeau 08-05-2004 13: 55:06
RESOLUTION NO, 04-26
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
CHANGING THE NAME OF LASALLE STREET, LOCATED
BETWEEN FAIRBURN AVENUE AND BETTY LANE, TO OTIS C.
GREEN DRIVE; PROVIDING AN EFFECTIVE DATE,
WHEREAS, Lasalle Street is a City street located between Fairburn Avenue
and Betty Lane; and
WHEREAS, it has been requested that this street name be changed to Otis
C. Green Drive; and
WHEREAS, the City Council desires to change the name as requested, in
honor of Otis C, Green; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1, Lasalle Street, located between Fairburn Avenue and Betty
Lane, in the City of Clearwater, as described more particularly in Exhibit "A" attached
hereto, is hereby renamed "Otis C. Green Drive",
Section 2, The City Clerk is hereby directed to record this resolution in the
public records of Pinellas County, Florida.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2004.
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 04-26
EXHIBIT "A"
The full width of the Lasalle Street right-of-way located between Fairburn Avenue on the west and Betty
Lane on the east.
Resolution No. 04-26
EXHIBIT itA"
Scale 1 "=200'
NORTH
ENGMAN ST
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City of Clearwater, Florida
Public Works Administration/En ineering
ate CITY COMMISSION RESOLUTION
07/26/04
wn Y
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Change Lasalle Street to
Otis C. Green Drive
ec e y
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eso utlon
04-26
/2,~
City Council
Cover Memorandum
Trackinq Number: 720
Actual Date: 08/16/2004
Subiect / Recommendation:
Approve two Florida Recreation Development Assistance Program (FRDAP) project grant
agreements for the Ross Norton Recreation and Aquatics Complex project in the amount of
$400,000, between the State of Florida Department of Environmental Protection and the City of
Clearwater and authorize the appropriate officials to execute same.
Summarv:
The City has been awarded two matching (FRDAP) grants of $200,000 each (one for the aquatic
complex and one for the Skate/BMX Playground) to assist in the construction of the Ross Norton
Recreation and Aquatics Complex project,
One project includes constructing an activities pool and a splash pool with components including a
water slide and water playground area. The other project is the creation of a Skate/BMX
Playground.
These improvements, along with the construction of the 21,000 square foot recreation center, will
complete all elements of this project,
The City's match of $200,000 for the Skate/BMX Playground is currently budgeted in Capital
Improvement Project 315-93253, Grant funding in the amount of $200,000 was anticipated for
the skatepark and already included in the total current project budget of $3,715,457,11.
The City's match of $200,000 for the Aquatics Complex is currently budgeted in Capital
Improvement Project 315-93271 ($150,000) and Capital Improvement Project 315-93253
($50,000).
With the receipt of the grant for the pool renovations, a third quarter budget amendment in the
amount of $200,000 will be recognized to increase the swimming pool and replacement CIP from
$150,000 to $350,000.
Copies of the agreements are available for review in the Official Records and Legislative Services
Department,
Originatinq: Parks and Recreation
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Cooies attached: 2
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
City match of grant funds
Aoprooriation Code(s)
315-93253
315-93271
Review Approval
Kevin Dunbar
Laura LiDowski
Bill Horne
Maraie Simmons
Cvndie Goudeau
Bryan Ruff
Garry Brumback
City Council
Cover Memorandum
Amount Comments
$250,000.00
$150,000,00
07-27-2004 13:43:24
08-04-2004 15:59:06
08-10-2004 10:34:29
07-28-2004 10:02:42
08-10-2004 13:23:35
08-02-2004 10:42:09
08-05-2004 15:23:09
/:2,tp
DEP Agreement No. F5045
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2004-05) - Development
This Agreement is made and entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the
DEPARTMENT, and the City of Clearwater, hereinafter called the GRANTEE, a local
government, in furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to section
375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the
parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative
Code, hereinafter called the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective July 5, 2001, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall have application to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Ross Norton, Phase I (Florida Recreation
Development Assistance Program, FRDAP Project Number F50045), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/bdrs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F5045, Page 1 of 10
DEP 55-231 (06/03)
4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Pool, water playground, bike trail, renovate restroom, renovate
pool, and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/ln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State and guidelines (including cost allocation
guidelines), as appropriate. When requested, this information must be provided
within 30 calendar days of the date of such request. The GRANTEE may also be
required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits).
All bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at www.dbf.stateJl.us/aadir/referenceguide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's adopted procurement procedures. Expenses representing the
PROJECT costs, including the required matching contribution, shall be reported
to the DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed under the
DEP Agreement No. F5045, Page 2 of 10
DEP 55-231 (06/03)
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should a shortfall be declared, the amount of this
PROJECT AGREEMENT may be reduced by the amount deemed appropriate by
the DEPARTMENT.
11. A.
The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B. The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT as set forth in s. 620-5.055(9) of the
RULE. The DEPARTMENT and the GRANTEE fully understand and agree that
there shall be no reimbursement of PROJECT funds by the DEPARTMENT for
any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
DEP Agreement No. F5045, Page 3 of 10
DEP 55-231 (06/03)
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Permit
Certification, FPS-A035, referenced in s. 62D-5.058(7)(c) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before Do n c+l>A;I,(:'.... (hereinafter referred to as the PROJECT
completion date). The GRANTEE may request up to two (2) one-year
extensions from the DEPARTMENT for good cause by submitting a written
request to the DEPARTMENT. Such request must be made prior to the
PROJECT completion date. However, the GRANTEE understands that if the
Governor's Office does not approve the DEPARTMENrs request to certify the
funds forward on June 30th of each year, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
17. Project completion means the project is open and available for use by the public.
Project must be completed prior to release of final reimbursement.
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters reslJlting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
five-year retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's non- compliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
DEP Agreement No, F5045, Page 4 of 10
DEP 55-231 (06/03)
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability except
as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. The DEPARTMENT's Grant Manager for the purpose of this PROJECT
AGREEMENT shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every one hundred twenty (120) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be submitted when the
DEPARTMENT requests them.
25. Any and air notices required by this PROJECT AGREEMENT shall be delivered
to the parties at the following addresses:
DEP Agreement No. F5045, Page 5 of 10
DEP 55-231 (06/03)
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Art Kader
Assistant Director
100 South Myrtle Avenue
Clearwater, Florida 33761
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonab[e time.
28. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal
by the GRANTEE to allow public access to all documents, papers, letters, or
other material made or received by Itle GRANTEE in conjunction with this
Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119.07(1}, Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required until
refund and interest is paid to the DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJ'ECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The Grantee may subcontract work under this Agreement without the prior
written consent of the Department's Grant Manager. The Grantee agrees to be
responsible for the fulfillment of all wort< elements included in any subcontract
and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department
shall not be liable to any subcontractor for any expenses or liabilities incurred
DEP Agreement No. F5045, Page 6 of 10
DEP 55-231 (06/03)
under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE, such
as by lease, shall be dedicated as an outdoor recreation area for the use and
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the GRANTEE. Such
PROJECT shall be open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and may result in the imposition of
the terms in Paragraph 28.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall control
over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall
control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
. spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
DEP Agreement No. F5045, Page 7 of 10
DEP 55-231 (06/03)
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any Grantee is considered a violation
of Section 274A(e) of the Immigration and Nationality Act. If the Grantee
knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts issued as a result of this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT, shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
DEP Agreement No. F5045, Page 8 of 10
DEP 55-231 (06/03)
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No, F5045, Page 9 of 10
DEP 55-231 (06/03)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
By:
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed Name: Willaim B. Horne II
Title: City Manager
Contract Execution Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
100 South Myrtle Avenue
Clearwater, Florida 33761
. ~
/2, Q..e~ ~~
DEP Grant Manager
as
City Attorney
Countersigned:
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
May 6, 2004 for use for one year.
Brian J. Aungst, Mayor
ATTEST:
Cynthia E. Goudeau
City Clerk
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
DEP Agreement No, F5045, Page 10 of 10
DEP 55-231 (06/03)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-I33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No,F5045, Attachment 1, Page 1 of 5
DEP 55-215 (04/03)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the
event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost
of the audit must be paid from the non-State entity's resources (i..e., the cost of such an audit must be paid
from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Web site http://www.1eg.state.fl.us/, Governor's Web site http://www.flgov.com!, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to
audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency
must arrange for funding the full cost of such additional audits)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No, F5045, Attachment 1, Page 2 of 5
DEP 55-215 (04/03)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F5045, Attachment 1, Page 3 of 5
DEP 55-215 (04/03)
l
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F5045, Attachment 1, Page 4 of 5
DEP 55-215 (04/03)
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DEP Agreement No. F5046
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2004-05) - Development
This Agreement is made and entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the
DEPARTMENT, and the City of Clearwater, hereinafter called the GRANTEE, a local
government, in furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the
parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative
Code, hereinafter called the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective July 5, 2001, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall have application to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Ross Norton, Phase II (Florida Recreation
Development Assistance Program, FRDAP Project Number F50046), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/bdrs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F5046, Page 1 of 10
DEP 55-231 (06/03)
4. The GRANTEE shall construct, or cause to be constructed, certain pub~k outdoor
recreation facilities and improvements consisting of the following /PROJECT
ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Playground, picnic facilities, bike trail, security lighting, restroom,
renovate fishing pier, and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the foDlowing:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph albove, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State and guidelines (including cost allocation
guidelines), as appropriate. When requested, .this information must be provided
within 30 calendar days of the date of such request. The GRANTEE may also be
required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits).
All bills for amounts due under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at www.dbf.stateJl.us/aadir/referenceguide..
8. The GRANTEE agrees to comply with the Division of Recreation anld Parks'
Grant and Contract Accountability Procedure, hereinafter carned the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's adopted procurement procedures. Expenses representing the
PROJECT costs, including the required matching contribution, shall be reported
to the DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed Ull1der the
DEP Agreement No. F5046, Page 2 of 10
DEP 55-231 (06/03)
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should? shortfall be declared, the amount of this
PROJE.CT AGREEMENT may be reduced by the amount deemed appropriate by
the DEPARTMENT.
11. A.
The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B. The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT as set forth in s. 620-5.055(9) of the
RULE. The DEPARTMENT and the GRANTEE fully understand and agree that
there shall be no reimbursement of PROJECT funds by the DEPARTMENT for
any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
DEP Agreement No. F5046, Page 3 of 10
DEP 55-231 (06/03)
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Permit
Certification, FPS-A035, referenced in s. 62D-5.058(7)(c) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before .:t)() nO'1 J)("...rc~- (hereinafter referred to as the PROJECT
completion date). The GRANTEE may request up to two (2) one-year
extensions from the DEPARTMENT for good cause by submitting a written
request to the DEPARTMENT. Such request must be made prior to the
PROJECT completion date. However, the GRANTEE understands that if the
Governor's Office does not approve the DEPARTMENT's request to certify the
funds forward on June 30th of each year, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
17. Project completion means the project is open and available for use by the public.
Project must be completed prior to release of final reimbursement.
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
five-year retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's non- compliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
DEP Agreement No, F5046, Page 4 of 10
DEP 55-231 (06/03)
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of any
reimbursement due the DEPARTMENT.
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability except
as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. The DEPARTMENT's Grant Manager for the purpose of this PROJECT
AGREEMENT shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every one hundred twenty (120) days summarizing the
work accomplished, problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be submitted when the
DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be delivered
to the parties at the following addresses:
DEP Agreement No. F5046, Page 5 of 10
DEP 55-231 (06/03)
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Art Kader
Assistant Director
100 South Myrtle Avenue
Clearwater, Florida 33761
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal
by the GRANTEE to allow public access to all documents, papers, letters, or
other material made or received by the GRANTEE in conjunction with this
Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119.07(1), Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required until
refund and interest is paid to the DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The Grantee may subcontract work under this Agreement without the prior
written consent of the Department's Grant Manager. The Grantee agrees to be
responsible for the fulfillment of all work elements included in any subcontract
and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department
shall not be liable to any subcontractor for any expenses or liabilities incurred
DEP Agreement No. FS046, Page 6 of 10
DEP 55-231 (06/03)
under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE, such
as by lease, shall be dedicated as an outdoor recreation area for the use and
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the GRANTEE. Such
PROJECT shall be open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and may result in the imposition of
the terms in Paragraph 28.
34. In the event of conflict in the provIsions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall control
over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall
control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for the
DEP Agreement No. F5046, Page 7 of 10
DEP 55-231 (06/03)
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any Grantee is considered a violation
of Section 274A(e) of the Immigration and Nationality Act. If the Grantee
knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts issued as a result of this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT, shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
DEP Agreement No. F5046, Page 8 of 10
DEP 55-231 (06/03)
L
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F5046, Page 9 of 10
DEP 55-231 (06/03)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
By:
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed Name: William B, Horne II
Title: City Manager
Contract Execution Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
100 South Myrtle Avenue
Clearwater, Florida 33761
Approved as to form:
d Q' ~/r
- ~ 'K,.,J~A......"...-, -,,' - ___
DEP Grant Manag~ .
Countersigned:
Brian J. Aungst, Mayor
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
May 6, 2004 for use for one year.
ATTEST:
Cynthia E, Goudeau
City Clerk
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
DEP Agreement No, F5046, Page 10 of 10
DEP 55-231 (06/03)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
I. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
DEP Agreement No.F5046, Attachment 1, Page 1 of 5
DEP 55-215 (04/03)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shaH consider aH sources of State financial assistance, including State financial assistance
received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shaH ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
ofa financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the
event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost
of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid
from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website htto://www.1eg.state.fl.us/, Governor's Web site htto://www.flgov.com/, Department of Financial
Services' Website http://www.dbf.state.f1.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215. 97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to
audits conducted in accordance with Section 215.97, Florida Statutes. In sllch an event, the State awarding agency
must arrange for funding the full cost of such additional audits)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised,
and required by P ART I of this Agreement shaH be submitted, when required by Section .320 (d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following:
REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK
DEP Agreement No, F5046, Attachment 1, Page 2 of 5
DEP 55-215 (04/03)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMS Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-B3, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F5046, Attachment 1, Page 3 of 5
DEP 55-215 (04/03)
1-
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK
DEP Agreement No. FS046, Attachment 1, Page 4 of 5
DEP 55-215 (04/03)
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/2,1
City Council
Cover Memorandum
Tracking Number: 738
Actual Date: 08/16/2004
Subject / Recommendation:
Approve a five-year lease with BJE, Inc" 630 S. Gulfview Blvd" Clearwater, FL for retail space in
Pelican Walk at 483 Mandalay Ave. for use as the Beach Branch Library and authorize the
appropriate officials to execute same,
Summarv:
The Beach Branch Library has occupied approximately 3300 sq ft of leased space on the first floor
of Pelican Walk since December 1998.
This lease is for approximately 3750 sq ft on the second floor of Pelican Walk, formerly Burger
King. The following are components of the lease:
*Term is five years.
*Annual rent is $58,000 subject to annual CPI increases.
*Requires property owner to make structural improvements,
*Floor load must be 125 Ibs per sq ft live load to support book stacks,
*Lease will commence following structural improvements.
*Allows the City to make improvements to the space.
The estimated costs for moving the library, making necessary improvements to the new space,
and signage is $50,500, Funds will come from the Library's operating budget ($12,500) and a
first quarter amendment of the FY04/05 budget ($38,000) transferring funds from General Fund
retained earnings,
The current lease cost is $56,100.
Funds for this proposed lease are included in Beach Branch Library cost center in the proposed FY
04/05 General Fund budget.
A copy of the lease is available for review in the Office of Official Records and Legislative Services,
Originatino: Library
Section: Other items on City Manager Reports
Category: Real Property Basic Lease to the City
Public Hearing: No
Financial Information:
~ Debt - Lease
Bid Required? No
Bid Exceptions:
Impractical to Bid
City Council
"c~,g,~>>!:!,~!!,#f2Y~,r,M~,m,2I!!,nf!!I#,m"","=_""
In Current Year Budget?
Yes
Budaet Adjustment:
No
Annual Operatina Cost:
$58,000,00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$58,000,00
Aooropriation Code(s)
0010-01736-544200-571-00
Amou nt
$58,000,00
Comments
Annual lease cost for FY 04/05
Review Approval
John Szabo
Laura Lipowski
07-28-2004 14:48:24
08-10-2004 13:21:30
07-28-2004 16: 59:46
08-06-2004 14:38:04
07-30-2004 13:48:58
08-10-2004 10:33:44
Cvndie Goudeau
Maraie Simmons
Garrv Brumback
Bill Horne
/2/(
DRAFT - FOR DISCUSSION
PURPOSES ONLY - April 2004
SHOPPING CENTER LEASE
1. PARTIES. The parties to this shopping center lease are:
1.1 B.J.E., Inc., a Florida corporation, with a mailing address at 630 S. Gulfview Blvd.,
Clearwater, Florida 33767, as LESSOR; and
1.2 City of Clearwater, a municipal corporation of the State of Florida, with a mailing
address at 112 S. Osceola Ave., Clearwater, Florida 33756, as LESSEE.
2. PREMISES.
2.1 Lessor hereby leases to Lessee the following property (the "Premises"):
2.1.1 Unit(s) 320, 321, 322, 323, 324 of the shopping center known as Pelican
Walk (the "Center") with street address of 483 Mandalay Avenue, Clearwater,
Florida, consisting of approximately 3750 square feet and being a portion of
the property described as:
(INSERT LEGAL DESCRIPTION AS EXHIBIT "A")
2.1.2 Lessee in addition shall have the right to the nonexclusive use, in common with
others, of all such parking facilities, driveways, truck and service courts, walks and
other facilities designed for common use as may be designated by Lessor and as
limited by the terms of this Lease.
2.2 Lessor reserves the right to change the size, layout and location of any buildings or
common areas and facilities including parking areas which are part of the center, as well as
to reduce or expand the size of the center and parking areas including construction of a
parking garage. Lessor reserves the right, in its sole discretion, to implement a system of
paid parking for users of any existing parking area or future parking garage.
3. TERM.
3.1 This lease will be for a five (5) year term beginning on the Rent Commencement Date as
defined in section 4 (the "Term"). Each lease year will consist of a 12-month period
beginning on the Rent Commencement Date and successive anniversaries of that date.
The lease shall terminate at midnight on ,2009, unless the Term is extended
as provided for in section 4.2, in which case the lease shall terminate at midnight on the last
day of the corresponding 12 month extension period.
3.2 The parties will execute, at any time at Lessor's option, and Lessor will record a
memorandum of this lease to reflect, among other things as Lessor shall require, the date on
which the term begins and ends. Lessee shall not record this lease or a memorandum
hereof.
Lessor
Lessee
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
J
DRAFT - FOR DISCUSSION
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4. RENT.
4.1 Base Rent. Lessee agrees to pay Lessor for and during the term the sum of Fifty-Eight
Thousand dollars ($58,000) per year ("Base Rent"). Said amount shall be due and payable
in advance beginning on the Rent Commencement date of in equal monthly
installments of Four Thousand Eight Hundred Thirty Four dollars ($4,834) per month as a
total monthly rental payment ("Rent"). In addition, to Rent, Lessee shall pay all costs
incurred for utilities to its Unit(s).
4.1.1 Base Rent will be subject to annual adjustment for proportionate increases in
CPI but will never be less than the Base Rent in the immediately preceding year.
4.1.2 The annual adjustment of Base Rent will be the product of the Base Rent
multiplied by a fraction, the numerator of which is the comparison index and the
denominator of which is the base index.
4.1.3 The term CPI means the Consumer Price Index for All Urban Consumers, U.S.
City Average, All Items (1982-84 = 100) published by the Bureau of Labor Statistics
of the U.S. Department of Labor. If the CPI ceases to use 1982-84 = 100 as a base,
or if the CPI is altered, modified, converted, or revised in any way, the CPI will be
adjusted to the figure that would have resulted had the change not occurred. If the
CPI ceases to be published, any substitute or successor equivalent index published
by any agency of the U.S. will be used in the Lessor's sole discretion.
The term "base index" means the CPI in effect for the calendar month of the Rent
Commencement Date.
The term "comparison index" means the CPI in effect for each anniversary of the
Rent Commencement Date.
4.2 Lessee may extend the lease term for five (5) additional one (1) year periods on the
same terms and conditions contained in this lease ("Extended term"), except that:
4.2.1 Lessee agrees to pay Lessor the Base Rent in the final year of the term as
increased by CPI adjustments as provided in section 4.1 annually in Base Rent
payable in equal monthly installments in advance
4.2.2 The option to extend the Term granted by this section must be exercised by
Lessee, if at all, not more than six nor less than three months before expiration of the
then existing term by written notice to Lessor. Lessee may not exercise its right to
extend the term if Lessee is in default of this lease. Lessee's notice of its election to
exercise its right to extend the term will be irrevocable.
4.2.3 No further extensions of the term are granted.
4.3 Rent and Additional Rent. All amounts payable by Lessee to or on behalf of Lessor
Lessor
Lessee
2
NICKOLAS C. EKONOMIDES, P.A. CLEARWATER FLORIDA
I
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DRAFT - FOR DISCUSSION
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under this lease, whether or not expressly denominated as "Rent", shall constitute "Renf' for
purposes of the enforcement of this lease and Section 502(b)(6) of the Bankruptcy Code.
4.4 All Rent must be paid in United States currency without demand, setoff, or deduction, at
Lessor's address provided in subsection 1.1, or to any person and place designated in
writing by Lessor. All rent shall be due on the first day of each month of the Term and
Extended Term, if any. Lessor shall provide Lessee with a monthly invoice, submitted to
Lessee by the fifteenth day of the month prior to rent due date, which shall not, however, be
a condition to the rights and obligations of the parties. Rent shall be late on the second day
of the month and on the tenth day of the month Rent shall be subject to a five percent (5%)
late charge. This late charge shall be additional rent.
4.5 The "Rent Commencement Date" shall be the first day of the month in which this lease is
executed, provided, however (unless otherwise provided in this Lease), that if this lease is
not executed on the first day of the month, Rent and additional rent shall be prorated for the
number of days remaining in the month after the day this lease is executed. The Rent
Commencement shall be memorialized by written addendum, as executed by the parties
hereto upon completion of Lessor's construction as provided in Section 10 herein. Said
addendum shall be incorporated herein and made a part hereof. It is agreed that the
termination date of this lease shall not be extended nor altered from the date as determined
in section 3.1 though the lease is not executed on the first day of the month.
5. UTILITIES.
5.1 Lessee must pay for all utility services to the Premises during the term and must pay all
bills before they become delinquent, so that the Premises will not be without water for health
and sanitary purposes or fire protection, electricity for lighting and security, sewer, steam,
heat, gas, hot water, fuel oil, or telephones for the active conduct of Lessee's business.
Water usage as metered for Lessee's Premises shall be charged to Lessee by Lessor and
shall be additional rent hereunder.
5.2 Lessor will not be liable to Lessee for any interruption of utility service that is beyond
Lessor's power to control, however, if interruption of utility service is requested by Lessor in
order to make repairs or alterations to the Premises or any part of the building in which the
Premises is located, the rent payable during the period in which the Premises is untenatable
will be adjusted equitably. Lessor shall prorate Lessee's monthly rent, compensating Lessee
for each day of the month for which Lessee is not operational as a result thereof.
6. USE OF PREMISES.
6.1 The Premises are leased to Lessee solely for the following use and no other use can be
made of the Premises during the term without the written consent of the Lessor: Public
Library. Lessee agrees it shall not engage in any use which is a prohibited use ("Prohibited
Use"). Uses which are a Prohibited Use include any use related to the uses described and
attached as Exhibit "B" or which is a use otherwise in violation of the terms and provisions of
this Lease.
Lessor
Lessee
3
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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DRAFT - FOR DISCUSSION
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6.2 Lessee shall do business on the Premises under the following name: Clearwater Public
Library System, (Beach Branch).
6.3 Lessor must maintain existing elevator access at the front middle of the Center to the
second floor.
7. COMPLIANCE WITH REGULATIONS.
7.1 Lessee, at Lessee's own expense, must comply promptly with all statutes, ordinances,
rules, orders, regulations, and requirements of federal, state, county, and city governments
and their respective agencies applicable to the use and occupancy of the Premises by
Lessee. This includes mandatory compliance with minimum building, health, and safety
standards regarding the premises, Americans with Disabilities Act and any and all
environmental laws on the Premises. Except for the Premises leased, Lessee shall not be
responsible for compliance with statutes, ordinances, rules, orders, regulations, and
requirements of federal, state, county, and city governments and their respective agencies
related to Lessor's ownership of the Premises or building in which the Premises is located.
Except for the Premises leased, Lessor will, at its sole expense, install and maintain all
facilities, including but not limited to, ramps, handrails, restroom fixtures, elevators, elevator
controls and all other measures to comply with the legal requirements for the Premises and
building related to accessibility by persons with disabilities. Such "accessibility legal
requirements" include, but are not limited to, the Americans With Disabilities Act, 42 U.S.C. 9
12181 et seq. The allocation of responsibility for compliance with accessibility legal
requirements under this paragraph is a material inducement for the parties to enter into this
lease. In addition, Lessor shall be responsible to provide parking for the disabled. Both
parties shall comply with minimum building, health, and safety standards regarding the
Premises or building, as applicable hereunder, and any and all environmental laws.
Lessee agrees that it shall indemnify, defend and hold harmless Lessor from any damages,
costs, fines or fees including reasonable attorneys fees, resulting from any noncompliance
applicable to Lessee' use and occupancy, whether caused by Lessee's action or inaction, or
the Lessee's negligence in or about the Premises. If any action or proceeding is brought
against the Lessor by reason of any such claim, Lessor shall timely notify Lessee and
Lessee reserves the right to defend the action or proceeding by using counsel as chosen in
Lessee's sole discretion. This paragraph survives the expiration or earlier termination of this
lease. Notwithstanding anything contained herein to the contrary, this indemnification
provision shall not be construed as a waiver of any immunity from or limitation of liability to
which City is entitled. Furthermore, this provision is not intended to nor shall be interpreted
as limiting or in any way affecting any defense City may have under 9768.28, Florida
Statutes and is not intended to or shall not be interpreted to alter the extent of City's waiver
of sovereign immunity under 9 768.28. The parties to this Agreement specifically agree to
be fully responsible for their own acts of negligence or their respective agents' acts of
negligence when acting within the scope of their employment, and agree to be liable for any
damages resulting from said negligence, to the extent permitted by law and the aforesaid
statute. Nothing herein shall be construed as consent by either party to be sued by third
parties in any manner arising out of this Agreement.
Lessor
Lessee
4
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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DRAFT - FOR DISCUSSION
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7.2 Lessee shall not commit or suffer to be committed any waste upon the Premises or any
nuisance or act which may disturb the quiet enjoyment of any lessee in the center, or which
may disturb the quiet enjoyment of any person who is temporarily or permanently within five
hundred (500) feet of the boundaries of the center.
8. ASSIGNMENT AND SUBLETTING.
8.1 Lessee will not assign this lease in whole or in part, or sublet the whole or any part of the
Premises, or permit the use of the whole or any part of the Premises by any licensee or
concessionaire, or encumber this lease, without first obtaining the written consent of Lessor.
Lessor enters this lease because of his or her confidence in Lessee to operate a first class
library in the Premises and Lessor reserves the right to disapprove, in Lessor's sole
discretion, any assignment or sublease. Lessor covenants that its consent shall not
arbitrarily be withheld.
8.2 Lessee will remain liable for the performance of this lease regardless of any assignment,
sublease, or license with or without the consent of Lessor. If the Premises are assigned,
sublet or occupied by anyone other than Lessee, Lessor may collect rent from the assignee,
sublessee, or occupant, and apply the net amount collected to the Rent due hereunder. No
such collection shall be deemed a waiver of the covenant herein against assignment and
subletting, or the acceptance of such assignee, sublessee, or occupant as Lessee, or a
release of Lessee from further performance of the covenants herein contained.
8.3 Any change in the ownership or control of Lessee by transfer or reorganization of capital
stock or partnership interest or otherwise will be deemed an assignment for purposes of this
section. However, Lessor consents to assignment of this lease or sublease of the Premises
by Lessee to a wholly owned subsidiary of Lessee. Lessee will remain liable for the
performance of this lease regardless of assignment or sublease.
9. CONDITION OF PREMISES AND IMPROVEMENTS.
9.1 Lessee acknowledges that: (i) Lessee has carefully inspected the Premises and found
them in a good state of repair and in clean and orderly condition subject to the following
improvements. Lessor shall, prior to Lessee's occupation hereunder, perform and complete
structural improvements to the Premises to support the weight of the library book collection
of the Lessee. Improvements shall include structural improvements to the floor of the
Premises sufficient to withstand a load of One Hundred Twenty Five (125) pounds per
square foot ("PSF"). Further, the Lessor agrees to provide plans reflecting improvements
prepared by a Florida Registered Professional Engineer along with a letter certifying that the
design will accommodate the 125 PSF load prior to Lessee's occupation of the Premises to
be attached to and incorporated into this lease as Exhibit liB". In addition, Lessor shall
construct a double door entrance (one door opening inward and one door opening outward)
where the current entryway exists on Suite 322. Lessor shall bear all costs connected with
this construction, including but not limited to the cost of plans and specifications for the
construction, labor, materials, and clean-up costs. Construction will be considered
completed the date on which local officials or agencies whose approval of the building or
improvements is required before Lessee may use the Premises for operating its business as
Lessor
Lessee
5
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
...
DRAFT - FOR DISCUSSION
PURPOSES ONLY - April 2004
contemplated hereunder.
9.2 Lessee must keep the Premises in clean and orderly condition and good state of repair
at all times, and on termination of this lease, Lessee must deliver the Premises to Lessor in
the same condition it was in at the beginning of the term, subject to paragraph 10
(Alterations; fixtures).
10. ALTERATIONS; FIXTURES.
10.1 Lessee shall provide plans for its initial improvements to the premises (buildout for
intended uses) to Lessor for Lessor's prior approval which approval shall not be
unreasonbably delayed or withheld. Lessee's improvements shall be initiated upon
completion of Lessor's improvements (as described below), execution of this lease, and
occupation by Lessee. Lessee will make no further alterations or improvements to the
Premises without the express written approval of Lessor, which approval shall not be
unreasonably delayed orwithheld. Should alterations or improvements to the Premises be
made by the Lessee without the express written approval of Lessor, then in addition to all
other remedies of Lessor, during or after the termination of this lease, Lessee shall be liable
to Lessor for all costs of restoring the Premises to the condition they were in at the beginning
of the term as well as the costs of repairing all damage to the Premises that results from the
removal of same.
10.2 To the extent that alterations or improvem~nts to the Premises are undertaken in
compliance with Lessor's approval, all fixtures, installations, additions, alterations, and
improvements permanently affixed to the Premises made by Lessee orwhich existed prior to
Lessee's tenancy will remain the property of Lessor on termination of this lease without
compensation to Lessee. All fixtures, installations, additions, alterations and improvements
made by Lessee which are considered to be trade fixtures or other non-permanent fixtures
may be removed by Lessee before the expiration of the term, in which event Lessee must
remove such items and restore the Premises to the condition it was at the beginning of the
term as well as repair all damage to the Premises that results from the removal of the
property.
11. REPAIRS AND MAINTENANCE.
11.1 Lessor shall keep the common areas in good repair including the parking areas,
elevators, landscaping, foundation, outer walls, roof and buried conduits, except that Lessor
shall not be called upon to make any such repairs occasioned by the negligence of the
Lessee, its agents, express or implied invitees, or employees.
11.2 Lessee shall keep the inside of the Premises and the interior doors, ceiling, windows
and window frames of said Premises in good order, condition and repair and shall also keep
the Premises in a clean, sanitary and safe condition in accordance with law and in
accordance with all directions, rules and regulations of governmental agencies having
jurisdiction.
Lessor
Lessee
6
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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DRAFT - FOR DISCUSSION
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11.3 Lessee shall be responsible for providing all light bulbs on the Premises. The plumbing
facilities shall not be used for any other purposes than that for which they are constructed
and no foreign objects or substances shall be thrown therein, and the expense of any
breakage, stoppage or damage resulting from the violation of this provision shall be borne by
Lessee. The Lessee shall have the right, prior to occupation of the premises, to inspect the
condition of the heating, air-conditioning and plumbing systems. Any defect revealed upon
such inspection shall be remedied by the Lessor prior to Lessee's occupation hereunder. In
addition, Lessor agrees that it shall be responsible for the heating and air- conditioning
system and plumbing facilities for the first three months of the Term only. Thereafter, the
heating and air-conditioning system and plumbing facilities shall be under the control of
Lessee, and Lessee agrees that all operation, upkeep, repairs and replacements will be at
Lessee's expense.
12. RIGHT OF ENTRY.
12.1 Lessor may enter the Premises at all reasonable times for purposes of inspection, to
make emergency repairs, and, upon forty-eight (48) hours notice to Lessee, to exhibit the
Premises to prospective lenders, purchasers, and Lessees.
13. INDEMNITY.
13.1 Except to the extent that indemnity is provided by insurance, Lessee must defend
Lessor and indemnify Lessor and hold Lessor harmless from all liability, losses, costs,
damages, or expenses, including the cost of investigation and reasonable attorneys fees,
that Lessor may incur with respect to any claim or demand arising out of the use or
occupancy of the Premises by Lessee. If any action or proceeding is brought against the
Lessor by reason of any such claim, Lessor shall timely notify Lessee and Lessee reserves
the right to defend the action or proceeding by using counsel as chosen in Lessee's sole
discretion. This paragraph survives the expiration or earlier termination of this lease.
Notwithstanding anything contained herein to the contrary, this indemnification provision
shall not be construed as a waiver of any immunity from or limitation of liability to which City
is entitled. Furthermore, this provision is not intended to nor shall be interpreted as limiting
or in any way affecting any defense City may have under S 768.28, Florida Statutes and is
not intended to or shall not be interpreted to alter the extent of City's waiver of sovereign
immunity under S 768.28.
14. INSURANCE; SUBROGATION.
14.1 During the term, Lessee will obtain and maintain in good standing, at Lessee's
expense:
14.1.1 Prior to taking possession of the Premises Lessee shall provide proof of self-
insurance, as required hereunder, against claims for injuries to persons or damage
to property which may arise from or in connection with this lease as provided for
herein. Lessor shall insure structure at its cost and expense.
Lessor
Lessee
7
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
DRAFT - FOR DISCUSSION
PURPOSES ONLY - April 2004
14.1.2 All personal property placed and moved in the Premises shall be at the risk of
the Lessee or owner thereof. The Lessor shall not be responsible or liable to the
Lessee for any loss or damage that may be occasioned by or through the acts or
omissions of persons occupying adjoining Premises or any part of the Premises
adjacent to or connected with the Premises hereby leased or any part of the building
which the leased Premises are a part of or any loss or damage resulting to the
Lessee or its property from bursting, stopped up or leaking water, gas, sewer, or
steam pipes unless the same is due to the negligence of the Lessor, its agents,
servants or employees.
14.1.3 Notwithstanding anything contained herein to the contrary, this provision shall
not be construed as a waiver of any immunity from or limitation of liability to which
City is entitled. Furthermore, this provision is not intended to nor shall be interpreted
as limiting or in any way affecting any defense City may have under S 768.28,
Florida Statutes and is not intended to or shall not be interpreted to alter the extent of
City's waiver of sovereign immunity under S 768.28.
14.2 During the Term and Extended Terms Lessee shall provide to Lessor, upon demand, a
letter of self-insurance. No insurance provided under this lease will be subject to cancellation
or reduction of limits unless at least 30 days' notice is given to Lessor.
14.3 Each party shall look first to any insurance in its favor before making any claim against
the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by Lessor of any and all of the other covenants and conditions contained in
this lease to be performed by Lessee.
14.4 In the event Lessee fails to fulfill its obligations hereunder, and such failure will result
in Lessor having to take action and potentially incur expense to remedy same, Lessor shall
provide Lessee with reasonable written notice of Lessor's intent to act, and Lessee shall be
permitted thirty days to remedy same before becoming liable to reimburse Lessor for the
expense. If Lessee fails to cure after said notice and expiration of thirty day cure period, and
Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand
payment of same from Lessee and Lessee shall make payment with its next monthly
payment of Rent as additional rent, after receipt of said demand. Demand for such
additional rent shall be invoiced separately to accommodate Lessee's accounting
procedures. Lessee's failure to make such repayment as provided for herein shall constitute
a default under the terms of this lease, however, Lessee reserves the right to dispute
amount due for said expenses under applicable law.
15. CASUALTY.
15.1 If the Premises are damaged by fire or other casualty to the extent of not more than
30% of the rentable square footage, Lessor must restore the Premises to substantially the
condition in which they were immediately before the casualty.
15.2 If the Premises are damaged by fire or other casualty to the extent of more than 30%
but less than 70% of the rentable square footage, Lessor may elect to restore the Premises
Lessor
Lessee
8
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
DRAFT - FOR DISCUSSION
PURPOSES ONLY - April 2004
or to terminate this lease by written notice of the election to Lessee within 60 days after the
date of the casualty. If Lessor elects to restore the Premises, Lessor must proceed with
restoration promptly and pursue the work diligently to completion, not to exceed eight
months from the date of the casualty. If Lessor elects to terminate this lease, Lessee's
obligation for Rent will terminate on the date of the casualty, and Lessee must vacate the
Premises within 30 days after receipt of Lessor's election to terminate this lease.
15.3 If the Premises are damaged by fire or other casualty to the extent of 70% or more of
rentable square footage, this lease will terminate on the date of the casualty.
15.4 Lessee's obligation for Rent will abate for the portion of the Premises that is unusable
by reason of casualty for the period from the date of casualty until the Premises are fully
restored. If the Premises are not restored, Lessee's obligation for Rent will cease on the date
of the casualty. If, however, the casualty was the result of a negligent or willful act of Lessee
there will be no abatement of Rent.
16. CONSTRUCTION LIENS.
16.1 Lessor's interest in the Premises and the underlying fee is not subject to any lien for
improvements to the Premises undertaken by Lessee whether or not such improvements
were made with the consent of Lessor.
16.2 If any lien or claim of lien is filed against the Premises as a result of any act of Lessee,
Lessee must transfer the lien to deposit or bond as provided by law within 15 days after the
lien or claim of lien was filed.
16.3 Any recorded memorandum of this lease shall contain the prohibition against liens on
the interest of Lessor in accordance with this section.
17. SUBORDINATION; ESTOPPEL CERTIFICATES.
17.1 This lease is expressly subject to and subordinate to all mortgages and other
obligations of Lessor that are secured by a lien on the Premises, and all advances that may
now or hereafter become a lien on the Premises, and to any extensions and renewals
thereof.
17.2 On demand of Lessor, Lessee must promptly execute and deliver any agreement of
subordination reasonably required by the lender whose lien is to be given priority over this
lease. Lessee will not be required to subordinate his or her interest, however, unless the
lender requesting the subordination agrees not to disturb the peaceful possession of Lessee
as long as Lessee is not in default of the obligations under this lease.
17.3 Within 10 days after a written request from Lessor, Lessee must execute and deliver a
statement of the status of this lease in the form and content Lessor or any creditor of Lessor
may reasonably require, setting forth that this lease is in full force and effect and unmodified,
or, if modified, setting forth the substance of the modification or appending a copy of the
modification to it. The statement must contain any other details concerning the status of the
Lessor
Lessee
9
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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lease that Lessor deems necessary. If Lessee fails to execute the written statement timely, it
will constitute a representation that the lease is in good and current standing and is
unmodified, which representation may be relied on by any prospective purchaser of the
Premises or any holder of a mortgage on the Premises.
18. CONDEMNATION
18.1 Total. If the whole of the Premises shall be acquired or taken pursuant to the power of
eminent domain for any public or quasi-public use or purpose, then this lease shall terminate
as of the date of title vesting in the public authority in such a proceeding.
18.1 Partial. If any part of the Premises shall be taken as aforesaid, and such partial taking
shall render the portion not taken unsuitable in Lessee's reasonable judgment for the
conduct of business, then this lease shall terminate as aforesaid. If such taking does not
render the Premises unsuitable for the business of the Lessee, then this lease shall continue
in effect except that the minimum rent shall be reduced in the same proportion that the floor
area of the Premises taken bears to the original floor area, and Lessor shall make all
necessary repairs or alterations to the building in which Premises are located so as to
constitute the portion of the building not taken a complete architectural unit, but such work
shall not exceed the scope of the work to be done by Lessor in the originally constructed
Premises, nor shall Lessor in any event be required to spend for such work an amount in
excess of the amount awarded by the taking authority for the part of the Premises so taken.
18.2 Awards. All compensation awarded or paid upon such a total or partial taking of the
Premises shall, to the extent not applied to the restoration of the Premises in accordance
with this lease, be divided between Lessor and Lessee in proportion to the relative values of
their fee and leasehold interests in the Premises as of the date of taking. Lessee shall not be
entitled to any damages from Lessor for the unexpired portion of the term or extended term
of this lease or injury to its leasehold interest. However, Lessee may pursue all available
remedies for the taking but will have no interest in the award made to Lessor, except as
otherwise provided for herein. Lessee shall also be entitled to claim, prove and receive in
any condemnation proceedings such an award as may be allowed for loss of business,
relocation costs, fixtures and other leasehold improvements installed by it.
19. DEFAULT.
19.1 Time is of the essence in the performance of this lease. Lessee will be deemed in
default if:
19.1.1 Lessee fails to pay Rent on the day the payment is due and Rent, or any
portion thereof, remains unpaid for five (5) days after written demand for payment is
made by Lessor; or
19.1.2 Lessee fails to perform or observe any of Lessee's covenants, agreements or
conditions of this lease other than the payment of Rent, for fifteen (15) days after
written demand for performance by Lessor (or if such default cannot be cured within
thirty (30) days, if Lessee does not begin curing the default within thirty (30) days
Lessor
Lessee
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NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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after notice and diligently proceed in good faith to cure the default).
19.1.3 Lessee makes an assignment for the benefit of creditors, files a voluntary or is
subject to an involuntary petition in bankruptcy or is adjudicated as bankrupt by any
court and such adjudication is not vacated within 30 days or Lessee takes the benefit
of any insolvency act, or Lessee is dissolved voluntarily or involuntarily or has a
receiver of Lessee's property appointed in any proceeding other than in bankruptcy
proceedings and such appointment is not vacated within 30 days after it has been
made, and either of the foregoing are not cured for thirty (30) days after demand
therefore by Lessor.
19.2 Notwithstanding anything in this agreement to the contrary, demand and notice
pursuant to subsection 23.1 may be served by Lessor's by written notice to the Lessee at the
address given for notice as provided herein. Such notice shall substantially conform to the
notices attached as Exhibit A-1 and Exhibit A-2 hereto.
19.3 No default will be deemed waived by acceptance of Rent, whether or not Lessor has
knowledge of the default, unless the waiver is expressed in writing and signed by Lessor.
20. REMEDIES OF LESSOR.
20.1 In the event of default by Lessee, Lessor will have the following cumulative rights,
privileges, and options in addition to all other remedies now or hereafter provided by law:
20.1.1 To perform any act or do anything required under this lease to be performed
by Lessee, and to recover the cost thereof from Lessee which shall be deemed
Additional Rent subject to notice and cure provision herein.
20.1.2 To terminate the lease, re-enter, and relet the Premises for the account of
Lessor. Lessor will be entitled to recover from Lessee all damages that result from
Lessee's default.
20.1.3 To keep the lease in force, and to recover from Lessee the Rent and any
other sum due from Lessee each month or less frequently at the election of Lessor,
or to recover the entire sum due at the expiration of the term. Lessor shall be
required to make a good faith effort to relet the premises.
20.1.4 To recover from Lessee all expenses including reasonable costs and charges
for repairs to the premises, resulting from Lessee's tenancy and necessitated by
Lessee's default (excluding normal wear and tear to the premises), which amounts
will become due when incurred and will become payable to Lessor on demand.
20.1.5 To recover reasonable attorneys' fees and costs in connection with any action
or proceeding to enforce this lease, whether or not the lease has been terminated, or
to secure any rights due Lessor under this lease, whether or not any action was
instituted. In any such action the prevailing party shall be entitled to its reasonable
attorney's fees.
Lessor
Lessee
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21. SURRENDER
21.1 If Lessee abandons the Premises before expiration of the term, Lessee will be deemed
to have offered to terminate the lease in exchange for retention by Lessor of all prepaid
Rent. If Lessor accepts the offer in writing, this lease will terminate and Lessee will have no
further obligation to Lessor.
21.2 No action of Lessor, including but not limited to acceptance of keys from Lessee and
preparations for reletting the Premises, will be construed to be an acceptance of Lessee's
offer of surrender.
21.3 For purposes of this section, Lessee will be deemed to have abandoned the premises if
Lessee is absent for more than 10 days and the Rent is unpaid for any portion of that time,
or if Lessee is absent for more than 20 days although the Rent is fully paid. For purposes of
this section, Lessee shall be deemed absent only if Lessee removes its personal property
from the Premises and is not present for more than 10 days, however, Lessee shall not be
deemed absent if Lessee closes for business and personal property remains on the
Premises.
22. CONSTRUCTIVE EVICTION.
22.1 Lessee shall not be entitled to claim a constructive eviction from the Premises unless
Lessee shall have first notified Lessor in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless Lessor shall have failed to cure after having
been afforded a reasonable time to do so, which in no event shall be less than thirty (30)
days after receipt of written notification as provided herein. This thirty (30) day period shall be
extended for such reasonable period of time as is necessary to cure the default, if the alleged
default is not reasonably capable of cure within the thirty (30) day period and Lessor
commences and continues diligently to cure said default.
23. LESSOR DEFAULT.
23.1 Lessor shall be in default under this lease if Lessor has not commenced and pursued
with reasonable diligence the cure of any failure of Lessor to meet its obligations under this
lease within thirty (30) days of the receipt by Lessor of written notice from Lessee of the
alleged failure to perform (provided this thirty (30) day cure period shall be extended for such
reasonable period of time as is necessary to cure the default, if the alleged default is not
reasonably capable of cure within said thirty (30) day period and Lessor commences and
continues to diligently cure the alleged default). Notwithstanding anything in this lease to the
contrary, Lessor shall never be liable to Lessee in the event of a default by Lessor or
otherwise under any provision of this lease for any loss of business or profits or other,
special, incidental, indirect or consequential damages or for punitive or special damages of
any kind. None of Lessor's officers, employees, agents, directors, shareholders, or partners
shall ever have any personal liability to Lessee under or in connection with this lease.
Lessee shall look solely to Lessor's estate and interest in the Premises for the satisfaction of
any right or remedy of Lessee under this lease, or for the collection of any judgment (or other
Lessor
Lessee
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NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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judicial process) requiring the payment of money by Lessor, and no other property or assets
of Lessor or its principals shall be subject to levy, execution, or other enforcement procedure
for the satisfaction of Lessee's rights or remedies under this lease, the relationship of Lessor
and Lessee under this lease, Lessee's use and occupancy of the Premises, or any other
liability of Lessor to Lessee of whatever kind or nature.
24. CONSENT NOT UNREASONABLY WITHHELD.
24.1 Except as otherwise specifically provided, whenever consent or approval of Lessor or
Lessee is required under the terms of this lease, such consent or approval shall not be
unreasonable withheld or delayed. If either party withholds any consent or approval, such
party shall on written request deliver to the other party a written statement giving the reasons
therefor.
25. PARKING.
25.1 Lessee shall have the right to use the parking area adjacent to the building of which the
leased Premises are a part without allocating spaces to the Lessee unless, in the sole
discretion of Lessor, allocation and limit of number of spaces is necessary.
25.2 Further, Lessor may designate certain areas of the parking area or areas off site within
reasonable walking distance not to exceed two city blocks for use by employees of Lessee,
which areas shall be used nonexclusively and shared with employees of other Lessees of
the center.
25.3 Lessee and Lessee's agents and employees shall not solicit business in the parking or
other common areas.
25.4 Lessor or Lessor's agents or assigns shall have the right to charge Lessee or Lessee's
employees, agents, and invitees for the right to park in any parking area or parking garage
and Lessee agrees that Lessor may assign such right, apart from Lessor's interest in this
Lease or the Center, to any other entity or governmental parking authority.
26. JANITORIAL.
26.1 Lessee shall obtain and maintain janitorial services for the leased Premises at its own
expense.
27. SIGNAGE.
27.1 Lessee, at Lessee's sole expense and with Lessor's prior written approval, shall have
the right to erect and maintain a sign as may be architecturally compatible with the design of
the center, provided it is placed in the area designated by Lessor and conforms with all
governmental codes and regulations. Lessee shall be responsible for obtaining all required
permits at its own expense. Existing signage shall also be subject to this provision. Lessee
shall have no entitlement to monument signage at the entranceways or elsewhere on or
about the center.
Lessor
Lessee
13
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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28. HAZARDOUS SUBSTANCES.
28.1 Lessee covenants and agrees that throughout the term of this lease no hazardous
materials, defined as any waste materials, or other substances of any kind or character that
are or become regulated as hazardous or toxic waste or substances, or which require
special handling or treatment, under any applicable local, state or federal law, rule,
regulation, or order, will be used, generated, released, discharged, stored, disposed, or
transported on or from the Premises, other than in strict compliance with all applicable
federal, state and local laws, rules regulations and orders.
28.2 Lessee shall indemnify, defend, and hold Lessor harmless from and against any loss,
cost, expense, claim, or liability arising out of any investigation, monitoring, clean-up,
containment, removal, storage, or restoration work required by, or incurred by Lessor or any
other person or party, and from and against any claims of third parties for loss, injury,
expense, or damage arising out of the presence, release, or discharge of any hazardous
waste as defined in subsection 34.1 on, under, in above, to or from the leased Premises.
Notwithstanding anything contained herein to the contrary, this indemnification provision
shall not be construed as a waiver of any immunity from or limitation of liability to which
Lessee is entitled. Furthermore, this provision is not intended to nor shall be interpreted as
limiting or in any way affecting any defense Lessee may have under 9 768.28, Florida
Statutes and is not intended to or shall not be interpreted to alter the extent of Lessee's
waiver of sovereign immunity under 9 768.28.
28.3 This section shall apply without regard to the term of this lease and shall specifically
survive the termination of this lease.
29. ADDITIONAL BINDING PROVISIONS.
29.1 Lessor's Assignment. Notwithstanding anything in this lease to the contrary, Lessor
shall have the unrestricted right of assigning this lease at any time, and in the event of such
assignment, the Lessor shall be relieved of all liabilities hereunder.
29.2 Notices. All notices that either party desires or is required to give the other must be in
writing and delivered by personal delivery or by certified or registered mail. Notices to Lessor
must be delivered to Lessor's address shown in section 1.1 of this lease, and to Lessee at
the Lessee's address shown in section 1.2 of this lease, with copy to: City Attorney, City of
Clearwater, 112 S. Osceola Avenue, Clearwater, Florida, 33756-5103. Either party may
change address for notification from time to time by giving written notice of the change, in
writing, to the other party as provided for herein.
29.3 Attorneys Fees. In the event either party seeks to enforce or interpret the provisions of
this lease by legal action or by advice from attorneys at law, then the prevailing party shall be
entitled to its reasonable costs, expenses and attorney's fees whether occurring in
connection with settlement, trial, appeal, bankruptcy or otherwise.
29.4 No Waiver; Accord and Satisfaction. The waiver by Lessor of any agreement,
Lessor
Lessee
14
NICKOLAS C. EKONOMIDES, P.A. CLEARWATER FLORIDA
Lessor
DRAFT - FOR DISCUSSION
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condition, or provision contained in this lease will not be deemed to be a waiver of any
subsequent breach of the same or any other agreement, condition, or provision contained in
this lease, nor will any custom or practice that may grow up between the parties in the
administration of the terms of this lease or between Lessor or any other party be construed
to waive or to lessen the right of Lessor to insist upon the performance by Lessee in strict
accordance with the terms of this lease. The consent or approval by Lessor to, or of, any act
by Lessee requiring such consent or approval shall not be deemed to waive or render
unnecessary consent to or approval of any subsequent similar act of Lessee. The
subsequent acceptance of Rent by Lessor will not be deemed to be a waiver of any
preceding breach by Lessee of any agreement, condition, or provision of this lease, other
than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor's
knowledge of such preceding breach at the time of acceptance of such Rent. No payment
by Lessee or receipt by Lessor of a lesser amount than any installment or payment of Rent
due shall be deemed to be other than on account of the amount due, and no endorsement
or statement on any check or payment of Rent shall be deemed an accord and satisfaction.
Lessor may accept such check or payment without prejudice to Lessor's right to recover the
balance of such installment or payment of Rent, or pursue any other remedies available to
Lessor.
29.5 Applicable Law; Venue. This lease will be governed by the laws of Florida and shall be
enforced in a court of competent jurisdiction in Pinellas County, Florida.
29.6 Captions. The captions and headings contained in this lease are for convenience only
and will not be used to interpret or construe this lease.
29.7 Counterparts. This lease may be executed in several counterparts, all of which are to
be considered one document, and anyone of which may be introduced into evidence
without production of any other copy.
29.8 Entire Agreement. This lease sets out the entire agreement of the parties. There are no
implied covenants or warranties except as expressly set forth herein. No agreement to
modify this lease will be effective unless in writing and executed by the party against whom
the modification is sought to be enforced.
29.9 Good Faith. This lease imposes on the parties the obligation of good faith in the
observance and enforcement of its terms.
29.10 Gender and Number. Where the context requires, the masculine will include the
feminine and neuter, the singular will include the plural, and vice versa.
29.11 Arms Length; Ambiguities. The parties acknowledge that all terms of this lease were
and are negotiated at arm's length, and that each party was and is acting to protect its own
interest. The terms and conditions of this lease are the product of mutual draftsmanship by
all parties or their attorneys and any ambiguities in this lease or any documentation prepared
pursuant to or in connection with this lease shall not be construed against any a party and
for another party because of draftsmanship.
Lessee
15
NICKOLAS C. EKONOMIDES, P.A. CLEARWATER FLORIDA
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29.12 Parties Bound. This lease is binding on and inures to the benefit of the parties and
their respective heirs, successors, and personal representatives.
29.13 References. Appendices to this lease, if not physically attached, are incorporated by
reference when identified in this lease and initialed by the parties.
29.14 Severability. If any provision of this lease or its application to any person or
circumstance is declared invalid or unenforceable, the remainder of this lease will not be
affected but will be enforced to the extent permitted by law.
29.15 Time of the Essence. Time is of the essence in the performance of this lease.
29.16 Radon Notification. This clause does not represent a part of the agreement between
Lessee and Lessor but is included in this Lease for the sole purpose of complying with
Section 404.056 of Florida Statutes which requires that any rental agreement for any
building contain the following notification:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed to
it over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit."
EXECUTED at Clearwater, Florida on
WITNESSES:
B.J.E., INC.
Printed Name:
By:
Its:
Elias Anastasopoulos
President
Printed Name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
,20_, by ,who is personally known to
me.
PrinUType Name:
Notary Public
Lessor
Lessee
16
NICKOLAS C. EKONOMIDES, P.A. CLEARWATER FLORIDA
Countersigned:
DRAFT - FOR DISCUSSION
PURPOSES ONLY - April 2004
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
By:
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 BRIAN J. AUNGST, Mayor-Commissioner of the City of Clearwater,
who is personally known to me.
PrinUType Name:
Notary Public
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.
PrinUType Name:
Notary Public
Lessor
Lessee
17
NICKOLAS C. EKONOMIDES, P.A. CLEARWATER FLORIDA
DRAFT - FOR DISCUSSION
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EXHIBIT "A_1"
NOTICE TO LESSEE TO PAY OR QUIT
DATE:
TO:
(Lessee and address of leased Premises)
and UNKNOWN OCCUPANTS
YOU ARE HEREBY NOTIFIED that you are indebted to the Lessor in the amount of $ for
rent, maintenance, taxes and for your use and occupancy of the above-captioned Premises known
as (Lessee and address of leased Premises) and located in Pinellas County, Florida.
The Lessor hereby demands that you pay the amount due or give up possession within three days
from the date of this notice. Make payment to ..................... '" at (Lessor's address).
If legal action is initiated against you, you may be held liable for attorneys' fees and court costs. If
the Lessor re-enters the Premises, such re-entry is in an attempt to mitigate damages. Neither re-
entry nor acceptance of the keys to the Premises by the Lessor shall constitute a rescission of the
lease or an acceptance of surrender of the leasehold estate created thereby.
This notice is given to you pursuant to your lease and occupancy of the above-referenced Premises.
I HEREBY CERTIFY that the original above Notice to Lessee to Payor Quit has been posted to the
above address on
time:
(Agent of lessor or lessor and lessor's address and phone)
Lessor
Lessee
18
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
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EXHIBIT "A-2"
NOTICE TO LESSEE TO CURE OR QUIT
DATE:
TO:
(Lessee and address of leased Premises)
and UNKNOWN OCCUPANTS
YOU ARE HEREBY NOTIFIED that you have violated your lease due to:
. If you do not cure the non-compliance or give
over possession of the Premises to the Lessor within the time period required by the lease, or if the
lease is silent on the matter, within fifteen (15) days, you will be in default thereof and legal action
will be commenced to protect our interests.
If legal action is initiated against you, you may be held liable for attorneys' fees and court costs. If
the Lessor re-enters the Premises, such re-entry is in an attempt to mitigate damages. Neither re-
entry nor acceptance of the keys to the Premises by the Lessor shall constitute a rescission of the
lease or an acceptance of surrender of the leasehold estate created thereby.
This notice is given to you pursuant to your lease and occupancy of the above-referenced Premises.
I HEREBY CERTIFY that the original above Notice to Lessee to Cure or Quit has been posted to the
above address on
time:
(Agent of lessor or lessor and lessor's address and phone)
Lessor
Lessee
19
NICKOLAS C. EKONOMIDES, PA CLEARWATER FLORIDA
/211
City Council
Cover Memorandum
Tracking Number: 728
Actual Date: 08/16/2004
Subiect / Recommendation:
Approve a 5 year Business Lease Contract of the old North Greenwood Library at 1250 Palmetto
Street to Le'azon Technology Institute, Inc" a Florida not-for-profit corporation, for total rent of
$1.00 and other valuable consideration as defined therein and authorize the appropriate officials
to execute same,
Summary:
The Library vacated the old Palmetto Street and Holt Avenue building following opening of the
new North Greenwood Branch Library at Palmetto Street and North MLK, Jr. Avenue, No City
department has a feasible use for the facility.
The Pinellas County School Board has expressed interest in acquiring the old library property at a
future date as part of its long-range school plans in the neighborhood,
In the meantime, Le'azon Technology Institute, Inc, ("Le'azon") proposes to lease the facility for
nominal rent for the purpose of offering economic development and technology based educational
training programs to neighborhood residents. In addition to funding all operational and
maintenance expenses, Le'azon has committed to fulfilling certain performance measures in
consideration of the City granting the lease,
The performance measures include, but are not limited to: Creating a Community Advisory Board
for its programs, instructing a minimum of 100 students within the first year of the lease in basic,
intermediate and advance computer training courses, partnering with at least 5 businesses to
identify and connect trainees with employment opportunities, and offer at least three workshops
on college preparation for students and their parents,
Le'azon will document compliance with the performance measures by providing the City Manager
an annual report of its activities, Non-compliance with the measures will be deemed a lease
default and are subject to remedy as provided in the lease,
The city may terminate the lease at its option in the event the City Council determines at a duly
constituted Council meeting that the property is needed for other municipal purposes and
provides the lessee at least 60-day notice of such intended use,
A copy of the lease is available for review in the Office of Official Records and Legislative Services.
Originating: Engineering
Section: Other items on City Manager Reports
Category: Leases from the City - Basic Lease
Number of Hard CODies attached: 1
Public Hearinq: No
Financial Information:
~ Other
City Council
Cover Memorandum
Bid Reauired? No
Bid Exceptions:
Impractical to Bid
In Current Year Budaet?
Yes
Budget Adjustment:
No
Current Year Cost:
$0,00
Annual Operating Cost:
$0.00
Total Cost:
$0,00
Not to Exceed:
$0,00
Review Aooroval
Michael Ouillen
Sharon Walton
07-22-2004 10:29:58
08-05-2004 14:53:09
08-10-2004 10:35:24
07-27-2004 16:06:21
08-10-2004 13:22:39
08-03-2004 10:44: 13
08-05-2004 15: 19:49
Laura Lioowski
Bill Horne
John Szabo
Cvndie Goudeau
Garry Brumback
)2/~
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this _ day of , 2004, between the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, as Lessor, and LE'AZON
TECHNOLOGY INSTITUTE, a Florida not-for-profit corporation, as Lessee.
WIT N E SSE T H:
That the Lessor does lease to the Lessee the following premises consisting of an
approximately 3,338 square foot single-occupant structure on a 16,500 square foot site located in
Pinellas County, Florida, being more specifically described as follows:
A portion of the Southwest % of the Northeast % of Section 10, Township 29 South,
Range 15 East legally described as being the East 109.6 feet of the West 836.17 feet of
the North 150 feet of the South 180 feet thereof, being addressed as 1250 Palmetto
Street, Clearwater, Florida 33755
Such property shall hereinafter be referred to as the "leased premises" or the "demised
premises" or the "leased property."
1. LEASE TERM,
The term of this lease shall be for 5 year(s); which term will commence on the
, 2004, and shall continue until midnight on the
,2009.
day of
day of
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00)
as rent during the term of this lease, the receipt of which is hereby acknowledged. In further
consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that
Lessee shall unequivocably, timely and without reservation, comply with and meet or exceed the
Performance Measures ("Measures") appended hereto as EXHIBIT "A", Lessee's failure to timely
comply with any of the Measures during the Lease Term shall be deemed a material default and
subject to provisions of Paragraph 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
3. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
primarily for the purpose of offering technology integration training & development, and related
program activities, to residents of the North Greenwood Neighborhood of Clearwater, and others as
program offerings may reasonably accommodate,
4. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are
or shall be individually metered for the subject premises. All deposits for such utilities shall be the
sole responsibility of Lessee.
5. MAINTENANCE AND TAXES,
Lessee shall, at its own expense, maintain in good repair and in good and safe condition all
improvements on, about and within the leased premises, including, but without limiting the generality
of the foregoing, all structural improvements, including the roof, doors, plate glass, windows and their
respective hardware, all plumbing, heating, cooling and electrical fixtures, regardless of how the
necessity or desirability of repairs may occur, and whether or not required by wear and tear,
obsolescence, accidents or otherwise. Except as may be otherwise provided for in this lease, Lessor
has no obligations to make repairs on, about or within the leased premises, or to paint, decorate or
redecorate same. Lessee shall be responsible for all real and personal property taxes as may be
assessed against the lease premises during the lease term, and shall promptly pay same when due,
6. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the demised premises, including, but not limited to submitting to the City of Clearwater a
Comprehensive Infill Redevelopment Project application and obtaining approval thereof prior to
occupancy. Lessor shall stripe two vehicle parking spaces within the easterly right-of-way of Holt
Avenue, that together with the four striped vehicle parking spaces fronting the entrance of the lease
premises, are intended to comply with and satisfy the parking requirement of the application. Lessee
may also have the use and benefit of additional designated parking described in paragraph 20
hereof, but such additional parking is not guaranteed nor required by Lessor to assure occupancy of
the premises under terms of this lease.
7. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof, Lessor
expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused, This
covenant shall be binding on the legal representatives of Lessee, and on every person to whom
Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment
or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest
occasioned by a consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
performance of the covenants herein contained.
8, ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvements which
are part of the leased property without the written consent of the Lessor, and any such modifications
or additions to said pmperty shall become the property of the Lessor upon the termination of this
lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its
Page 2 of 10
original condition. The restrictions of this paragraph shall not apply to maintenance of the leased
property, but shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture to any part of
the leased property which cannot be removed without damage thereto. In the event Lessee desires
to make any alterations or modifications, written notice shall be given to the Lessor. Unless the
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from
Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the leased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee which
have not become the property of Lessor, including trade fixtures and the like. All property remaining
on the premises after the last day of the term of this lease shall be conclusively deemed abandoned
and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal.
9, RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage
that may be occasioned by or through the acts or omissions of persons occupying adjoining premises
or any part of the premises adjacent to or connected with the premises hereby leased or any part of
the building which the leased premises are a part of for any loss or damage resulting to the Lessee or
its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or employees.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, should Lessee default in any of its
maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall
invoice to Lessee for reimbursement within 15 days following receipt, unless such repairs, additions
or alterations are undertaken to comply with revisions to the Clearwater Code or other governmental
requirements instituted subsequent to lease commencement, in which event costs thereof shall be
borne by Lessor. Lessor shall, upon reasonable notice, have right of entry to exhibit said premises
during normal business hours. Right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions, which do not conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the
beginning of this lease and agrees to maintain said premises in the same condition, order and repair
as they are at the commencement of said term, and to return the premises to their original condition
at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately
upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or
Page 3 of 10
appurtenances of said premises, or of the walls or the building caused by any act or neglect of
Lessee or of any person or persons in the employ or under the control of the Lessee should Lessee
fail for any reason to remedy or repair such damage immediately upon demand.
12. INSURANCE.
Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B"
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other natural
cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other natural
cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date
of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise
provided herein, If the Lessor intends to rebuild or repair the premises, he shall, within fifteen (15)
days after the date of such damage, give written notice to Lessee of the intention to rebuild or repair
and shall proceed with reasonable diligence to restore the building to substantially the same
condition in which it was immediately prior to the destruction. However, Lessor shall not be required
to rebuild, repair or replace any improvements or alterations made by Lessee within the building.
During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or
repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the Lessor may either terminate the lease or continue with
the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee
shall, at its own expense, restore all work required to be done by such Lessee under this agreement.
14, EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the demised premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by
reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any
payment in lieu thereof.
15, SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate
to all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The
Page 4 of 10
I
Lessee further agrees to execute any instrument of subordination which might be required by
mortgagee of the Lessor.
16. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
(a) The Lessee further covenants that, if default shall be made in the payment of rent, or any
additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and
fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then
the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called
for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to
obtain possession of the premises as provided by law.
(b) In case the leased property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may
(i)re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable
to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee
and receive the rent therefor and apply the same to the payment of such expenses as Lessor may
have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise
changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it
shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost
and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such
intention served upon the Lessee or left upon the leased property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor
from the leased property for the balance of said term.
(c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of
a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this
lease.
(d) The Lessor, at its option, may terminatee this lease in the event the City Council
determines at a duly constituted City Council meeting that the lease premises are needed for other
municipal purposes and serves Lessee with sixty (60) days notice of such intended use.
17. MISCEllANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
Page 5 of 10
(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights,
(f) It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City
of Clearwater Land Development Regulations, and such signs as Lessee may place inside the
building, which signs shall be subject to the prior approval of the Lessor.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not
received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a
late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to
accept any rent not paid within five (5) days subsequent of the date when due absent the
simultaneous payment of this late charge. The requirement for a late charge set out herein shall not
be construed to create a curative period or a grace period for the timely payment of rent.
18. SUBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the leased property
or property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be performed by the Lessee.
19. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be
a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender
verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such
other matters as may be reasonably requested.
20. PARKING SPACES,
At such time as Lessor and the School Board of Pinellas County, Florida ("School Board"),
may mutually agree and properly amend that certain parking Agreement dated August 23, 1995 to
which each is a party, Lessee shall have the the use and benefit of those certain parking spaces
Page 6 of 10
available to Lessor in the parking lot appurtenant on the north to the leased premises, as such
parking is provided and defined in Article 5 of that Agreement. Lessor will make all reasonable effort
to secure the agreement and consent of the School Board as proposed, but shall not be obligated to
Lessee in any way whatsover should such consent not be granted. A copy of the referenced
Agreement between Lessor and the School Board is appended hereto as Exhibit "C".
21. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of
the leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations
or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals,
22. "AS IS" CONDITION.
The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no
obligation to improve or remodel the leased premises.
23. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
24. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the leased premises at its expense.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
Page 7 of 10
27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may
be assessed against Lessor in connection with or otherwise relating to said hazardous materials,
wastes or substances at anytime, without regard to the term of this lease. This provision shall
specifically survive the termination hereof.
28. CONFORMANCE WITH LAWS,
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
29. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
30. GOVERNING lAW.
The laws of the State of Florida shall govern this Contract, any any action brought by either
party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO lESSEE:
lE'AZON TECHNOLOGY INSTITUTE, INC,
By:
Laron Barber, President
Page 8 of 10
L.__
RE: Le'azon Technology Lease
1250 Palmetto Street
AS TO LESSOR:
Countersigned:
Brian J. Aungst, Mayor
Approved as to form:
Laura Lipowski, Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Page 9 of 10
EXHIBIT "B"
INSURANCE
Property Insurance: Lessee shall procure and maintain for the life of the Lease, Property Insurance to cover
any loss resulting from destruction or damage to real and personal property. The policy of insurance shall be
an "All Risk" type. The policy shall be written on a 100% replacement value basis and Lessee may elect a
deductible amount up to but not more than $1,000. Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
Liabilitv Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance.
This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury,
personal injury or property damage that could arise directly or indirectly from the performance and operation of
this Lease. The minimum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional
Insured under the policy and on the Certificate of Insurance.
The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled
or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City's Risk Management Office.
All insurance policies required within this provision shall provide full coverage from the first dollar of exposure
unless stipulated. No deductibles will be accepted other than as stipulated herein.
Certificates of Insurance Meeting the specific required insurance provisions specified in this Lease shall be
forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review,
the Certificate will be filed as part of the official Lease file.
Radon Gas Notification, as required by Florida Statute 404,056(8) is to be inserted in all contracts for
sale, purchase or rental of real property,
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health unit.
Page 10 of 10
LEtAZON TECHNOLOGY INSTITUTE
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Virtual Digital Tc:cfmology
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PERFORMANCE l\lRASlf RES
[ollo,,,,,'il1& performance l11CaSHfCS will be help measure the success of Lc' A;r,on
Tcdmology lnstitute's (LTT) econmnic-deve1opmcm and technolugy-ba~ecl educational [raining
programs at 1250 Palmetto Street Florida.
Dqvelop and Inainlain achvc cqmmunity irrvolvcm.ent in the planning and inlplcmcntatiQll of
services provided.
· Establish a. 7,1) rnglnbcr C:onmulnity Advisory Bq;ird \vith representativci> from
conunUllity ulcmbers. r:rt staff: community agencies and service providers, and I.ocal
hllSincsses
· Conduct C0n11m.mityAdvisory Board meetings
· t.:rl will furnis.h the City .01' ClearwaterCiry Manager with an annual ICp011 of activities
c::ondw:tedunder this agrCetl1cnt ',vithin (60J days of the end of each lease agreem.ent year
Provide community members with access readily
dev'eloprnent, tedm()logy-bascd education and training prob'Tams
high-quality economic-
.
Offer monthly courses in basic, intermediate and ,idvancc computer training
Instruct 100 stlluents within the first year in computer based training classes
Proviur..: community access to word processing. copying and on-line resources
Partner with corporatiolls, and educational institutions offer a variety of
tcdmology-bascd workshops, courses and training programs
.
.
.
Create ne\V j ph opportuj1Hies (hI" residents I,vl1o arelraincd by L T 1
· Partner 'Nl1h at least 5 businesses \vithin the tirs! year to assist
nnd cOl1ne<;ting \\rllhncw cmployment()ppol1uniti~s
Improve minority and Iow(~rincome sludent'sacct;ss tnhigi)ereductttiofl
· P:'lrtnctX\>'ithagenclcsand universities to ()ner a variety of educational programs
leading.to hlghcrcdllcati(m
· orrcr:.\t leas.t 3 workshops 'within. the first year onc()llcge prepanHion for students and
pate-nts
Increase nlirwr1ty and!ower income resident 'saccC$S mand retention ofjqbs with livable wages
· Parlnerwithcprp<)ff1tiuns to oflcr participants hands~on~ttaining in rcal life work
envIronments
· Offer on-going pcrsdnaland profcssionaldeve!opntsmt instruction that includes sktHs
identification, interview.jog preparation,. job readiness, profcsslcmal. frnag~. (;<.msulting, job
searching, and lite Is
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Offer services to increase the !:lumber of minority owned businesses
. Offer on-going course work in entrepreneurship
. Provide communi ty n\:ccss to on-line resources related to starting a business
Obtain funding from a variety 0 f resources to develop new programming and maintain existing
programs/services
. LTI '.'lin secK grant funding and implement fundraising activities
. LTl will offer various fee based services. memberships and sponsorships to off-set
servicelprogram cost
Thwughthe implementation of these performance measures;LTI wilt be participating in the. City
of Clearwater's RevitaliZation plan's goal of <:xprtnding business OPPol't.unitiesandincreasing
new job and pl~Lccment opportunities for its residents.
I
EXHIBIT HO"-Parking Spaces Agreement
~G~SeMeNt
This Agreement ~a(t .300 ~nttrti1 irirQ~js. ~{1. . d~y of .1k'}(';'J~ 199$..{)y and
>~l;WCefJ lJ(,:. City of .. C'le.,rw.rer. Florida, a monkipalcofpQrition. .heteip r~femd to as
"City," al..dr.he Scowl ~Qal<t of PitleUas COl.lory.flOfida b<:-reinrcf~rred to as "Boa.rd.-
WliEREAS. .the. tit)' has a need fOf. additio~J parkingf<.lrtbe NorthOreenwoQd
~ - .:...: lta:ry. herein cefel red to as r Library; ~ and
WHEREAS. the .Boa -d is the owner of land adjacent to the Library. said land used ey
~~oard' ~ Clearwater Ois(:.)very School, hCldn referred to as "School;" and
Wi- lERF....AS. the City has fimds a vaH~ble for oomtroctloQ of a pave<!, ~tklnt lOt
facUity. he:rein ref~ to 1.$ "Plri:.ingFacility," adjacent to 1M. Library; UJd.
Wii EREAS. the City and Board ate eAch wining to cooperate in this matter und~r
,:;..""'.t1..i;u con jilionsaoo pro-vjs ons;
1Hl~RE.FOREt in tou$ideration <)fthec~n.:U')t$hctem contained and otbc:r good and
,':H;;at:>Ie cocasideratioo, the Cty agrees to eostruct an4maintama P;JrkiDgFac:iJiij 0l'1.. ~
S<:hooJ sit-e as shown in Exhihit . A. .. according t\'> me foHowing tcrms and coVenants;
I. Ier:m. The ferm of this Agreement man be fora period of ten (lQ)years.
~~F:';i:n,t c:::....~ ....t 3_
. 1995 and ~
t;f1.u~ >?..._". 2005. Thls Agreement shaUstaOO ~wed forad4iuona.l
(to) ye3rperiod$~pon approval by'b<<lJ. pa~....a.s ~....ide~bY wri~torrC:SpOnde~
(fY tb.e Sup.;iptendefit of &:hQoIs a~Cit)' M~&et.
2. ~R$iot1 2r.!!P.RrOvtmt!lll. 'rneCityag~.to COI1$troct a Park.ing
~~eility,which shall iJwlude paved parking" retentiona.rta, fencing md associated
: :)ycmeo l.sto r.bt:Scbool s j:e llS ~own in E:<hibitff A. ". TheQity agreqwtpnorJo
";c;.."j,,':1g any of the improvemeiltssbownm Exhibit ..A.... ottnycxhtrsubsequem
1
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improvement~ to tbe'Parki$lg F ~mty, tilt; SU~fintend~nt ()f~h091s.> or d($jg~e. wU}
f:YleW fot approvaltJ'ie pltn.<ptovided by the City. Said apPtov~l. trgiv~p.sba.n be in
">;JIS and s:lalt delineate anYtt1.tldifi<:ations OItonditi<lnsto\he co~tiOl'tpli.nS. as
CityM~get an. i S\lperintcndel1t ()f~hools..Qr lJ1eirru~tivcde$tg~.
:;;,;..;';"'1..g aayof theselmpl ovemenl$. the City agreeslo restoreat)y. t(r!~~ pottiol1S of
tbeScllool sit:: to at le~s.t as B()Ixiac(lndi~i<mas exi$tcdpnQrtotbc installau{jO of tbe
:'"",;:dng Fadl;.ty.
3. Maitlt~ll~a ~f lm~to"emen.ts. TheCicy &$lets to xnainuinLbe Parkin.s
,-:::~~lity, inclt;dIng but not limit~ to; paved p.uk1ll8. parld.ngst6pslOu.m~rs.retel'Jti6D .area.
east side of the1tuk.ingFacility,sigmlge-. 'and landsc~piog witJUnand
irr.mediately adja~trtlo ::~ l'aro"g 'Facility~. and' to' pl)'Jll a$$oeiated.maint(;D.3.tlce:. costs.
The Cityagn::s to~pect Qn a rtg\l!ar basis. <11' wbtn'requestedby the: Board. ~Parldng
and: t~J. ~e.y ntr;C$$uyrepairs .or ~ in. a ltm~y rn~r,
4. R~fum Conditm.!I.~fFadntv. ~ Cityag~ tomuw. tllcParking
;' ::'to~ing area tOil deU.liUld samral')'cqndidtlll after use by ~eql')'()r Cit)'"
" ..;;,o;edgro}P~. . ageQf,S<"lr in... 'tees. The Boanl agrees to return theParkmg Facility ..and
~l.I~di.u& 31# to a (:1.~ and sanlt:u)' wrxfir.io'o after usebytlll;:;80ardorBbJmi..spoosoR4
~,._'llpS. agents orinvttees.
5. Datu ~n_U~.urtllf,". Both pmie$ ~tt.~..that Ote.[..ibrar)' wUl bav\t
.""sh'c use of the ten (lO)pa,ed padcin,g spaces oothesoutb portian ofiliePa.1dng
; ~n (10) ~king $'J~e$ loeated e~o~~.to. (be Library. for Ci~ ~ Library...a..t>d
Upmy,.spotJ,S( m:'A pro~. yeu:.roond. dUl'inl nOrmal Dom :of opera.tion,. ..Both panics
Z'$~.~t theSehoolwiU havet::x(';lu$ive\);stot~eigbt(3)paved p.rkir.lg spacts~. the
:?,~,(ayedO'Verl ow parki.ng onthn north . portion of the PID.1rtgF~Uity, sa.ideigbt (8)paddng
~
']Vtrllow pa~ldng I:x:~ted fu~$t r~In the Library, fqrBoatd. Sehwl. and
:'S~Q:rSQ'('ed pt()grouns. )!tar-lWod. d\.ldngnormalhoul'$of O~~(lon. It is the intenzol
;ltp3l"ties, no(witl1$unding lobe C'xehtsiv<: h9UJ"S t(()rementiQ~ in this. p.an.sraph, m:...t the
.j~rary and Schex>l <1,l:te03pt tQ .aec9rnodate the parking needs.QF ~ch ollu:t tbatmay adsedue
t{)~i3.1 eventsand/Q[ (::~tefltt~4twun. wben.lm: u$~'~ofdoes not inttrfcrewith
;~~edufed libraryot SchWlprQJrarns. 'The City and Boa.rddatreethatque.stions C()nterni:ug
8r'.d time.sof use ofth-~ParkWgFa~iHtY~Ube re$oJ...~ be::weentheS<;hool
'-;;U1Cipal an:! the Library Brateh. ManagerAid~olutJ()n to PeevirJe~ by writtw
(;torT~sponde :'tee between the SdloolP'rW<;ipal and Librar:y BnwthManager,1"he fcsoJutiono.f
que.itionscQacernl.ng 0a.Y$ of Lsa and t1me$> of U$e l.halcanno\ be~sol.,.ed by the School
Pt'i.riCipal abJ Library J:kaocb M~ger.. or ol.hefunf{)te$~ri qu~stiomari$ing()U1 of this
:-", t hall beaddfe.~ :fCCQrdil"lg to the ttrmsa.ndcond.itionsof this agreement as
;"i. ';1~ugrap~.9.
6. Kmci~on on lJR. Useoftbe Parking FaciJity.by privat~
t!lt!:i~$ or org<lt1izari<:)O$,Of py. bQsi~. enfeWJ~S for F()t}ti$ p.ro)Ul>itedL" u.nle$$ agreedtQ~
in writing,. ty both parties. 'Ih: City and SCIM'd further agm: to mw OO\1Wawft,d.
'~()pe:c. 01 ott'e.osive useofrl1eParkWg Pac:uity, TheLibrat1 and all its Ulvitocs shaD
;;;:" ;I.i1Board pOlicies. inc luding poliey11W't1ber$ OOx52,-5,25 aud.6Gx.$2-S.27. \t(bicb
~'rClrobit the. ';\)o$UmptiQll of. tQ'la~ prt)(hJc.~"andlor alwooliebeverages 013. '.l3oard property.
i'j~ludingou' sidearea.s.
7. J{9;14 H;mn!~. Subject to the limitationseontaiD:edin Settton16&.28.
Florida Stat\ltes (1993), tM parti~asr(eeathwm~aYc;; the utha laonle.u OQaq;Qunt afme
,,,._t :'.~t~. of Its employees servants 9t a~e:t1lS0rO[l a<<QUl1tqf~y u~afe conditions
3
b) aither plll'ty'm:art~(etlU$.AgJ8~ntb)'givmg wnttealKJtice to the
other PUt)' lltat .[he. ^gr~ment will terminate one (1) )'~r(Qm tbc. rec~ipt ofp.id$j()~ce:tly
~~ paley. Up<>otermIMr.iQJ]. oftJti$ A,c~tntnt. tpePulcirtg. Facuity im.prvvements
;,-e:cmc the prope.r:ty of the Board.
$. U!lform:~a OJa!'$tiOll~. ~.CitY a(Xi 'l3oa.rdagrc;c tbat in. the event of
. ::.':;'t':seenqlJestionsari.singo\lt ofus~()f thep:uking facUIl}' or Qtberwi$e arisitl,g under this
Agreen')ett!. .;aid questjQos.shall bes~ttled in writtng betwceatbe SuperiDtendem. ofScbools
and the City M3naget. ()t thd!respective designees.
4
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10. Lifi2;;dmn. in theeYent litigatioo is ne<:~W)I toel1foree any oflbete-tmsor
":~nditi()1lS (of this Agreemertl...tht prevail ing party. shan.. be entitl~d tQ r<<o'Ve.r
$.1:<: expenses. including rtasonabte attorneys> fees from the tlon-prevai1iog party.
11. Headin~, nil': hc:adL"lgs, of this Agreement ale for convewence lOO
reference ouly and in no way deflM, limit, or describe the $COpe of mtellt of this Agreement
Qr any part hereof. or in m)' '.vayaff.ecr the saMe,or constrUe any pwviswn .b<::reof.
IN WI~ltSS WHEREQF.th-c.pa.m($ beretQ bave~xtcU(cd .thjsAgreement
-;-vf . y~ fU'$tanove )l, ntten.
,.;:;t:
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Ci lerk
CITY OF CLEARWAT'EB.. n.oRIDA
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Approved 1:. to form and content:
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'Anc;r;;~ (designee)
Attest:
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;'..... fficJQ ,Jecrdary
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THE SCHOOL DOAlW' OF
l'1NE~ COUNTY'?"RIDA
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RE.n:.N110N A~
CLEARVVA TEn LIBRARY
NOnrli GBEENWOODBRANCIi
Nor~; {)hr.tt".""u h".ul fIP"" drl'HUr';'iIlU slit J"IIt.
A/'/'ffOXWA 16 SCALE: 1" - 10'
f~ Ul"/95
LOCATOR MAP
OLD NORTH GREENWOOD LIBRARY - 1250 PALMETTO STREET
.J 2, 'Cf
City Council
Cover Memorandum
Tracking Number: 779
Actual Date:
Subiect / Recommendation:
Approve additional funding for Beach Walk in Capital Improvement Project 315-92267 (Coronado/
S, Gulfview Streetscape) in the amount of $12,439,775 contingent upon the commencement of
the Seashell Development project
Summary:
History of Beachwalk
The City has been investing in the beach infrastructure for several years now to include the
Gateway to the Beach, Pier 60 Park, and Mandalay streetscape, Since those improvements, the
Clearwater Beach Just Market Values have increased from $563,737,400 in 1999 to $996,475,100
in 2003, a 77% increase,
In July 2001, as further investment in the beach, the City Council adopted Beach by Design, a
Special Area Plan including a comprehensive set of land use, mobility, transportation, parking and
design guidelines for Clearwater Beach, The Beach Walk project was designated as a catalytic
project in Beach by Design, which means it will significantly help to serve as a catalyst for
reinvestment and revitalization.
Due in large part to the plans for Beach Walk, various developers have shown an interest in
developing large resort hotels on south Clearwater Beach, However, they typically want some
level of assurance that the city intends to proceed with the project. Approval of this agenda item
will provide that assurance. Seashell Development has shown an interest and the proposed value
of their project is $65 million. After reducing this amount to 90% of the proposed value and
deducting the current value of the property to be developed ($3,055,000), this project could
increase the value of the property by nearly $58.5 million, Using the Cityrs millage rate of 5,753,
this could generate additional ad valorem taxes of over $335,OOO/year,
In November, 2002, the City Council approved a work order for Post, Buckley, Schuh & Jernigan,
Inc, to refine the Beach Walk concept presented in Beach by Design; obtain public input on the
project elements; complete final design and prepare construction plans,
In September 2003 the City Commission approved the conceptual plan,
See attachment for additional information,
Originating: Engineering
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Financial Information:
~ Capital Expenditure
Review Aooroval
Glen Bahnick
08-09-2004
15:32:52
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
City Council
,~,g~!:!,~~~"f,~~~r,~,~,m"2,,r!!n~,!:I~m,.,..., .
08-11-2004 14:46:50
08-09-2004 15:40:55
08-11-2004 10:01:33
08-09-2004 16:27:48
08-11-2004 14:02:42
Attachment to Beachwalk Funding Agenda Item
Estimated Cost of Beachwalk Proiect
In June 2004 the design consultant prepared a 30% design cost estimate with present
value cost of construction (June 2004) of $13.6 million. The schedule calls for
construction plans to be complete in January 2005. After the bid process the earliest that
a construction contract could be awarded would be April 2005. With commencement of
construction estimated to be at least one year out, this amount has been escalated by 10%
for a total project construction requirement of $15 million. If construction begins after
April 2005, or if construction costs increase more than the 10% CPI estimate, the budget
will have to be increased at that time.
Segment
S. Gulfview
Coronado
Pier 60 area
Side streets
Segment to Sand Key Bridge
Present value cost
$9.448 M
3.045 M
0.109 M
0.651 M
0.336 M
$13.589 M
April 2005 cost
$10,393 M
3.350 M
0.120 M
0.716 M
0.370 M
$14.949 M
Beachwalk Scheduling Issues
Phase 1 - Relocate S. Gulfview traffic to the existing beach parking lot between First
Street and the South Beach Pavilion. The eastern half of the western parking bay will be
striped to accommodate two lanes of traffic. The eastern parking bay and the western
half of the western parking bay will remain as parking, A temporary connection from S.
Gulfview to this new route will be constructed in the vicinity of First Street. Traffic will
rejoin existing S. Gulfview in the vicinity of the South Beach Pavilion. This is estimated
at a six-month construction duration.
Phase 2 - Remove pavement and temporarily relocate utilities from the eastern half of the
S. Gulfview right-of-way in front of the Seashell project site, Reconstruct Coronado as
per Beach Walk plans. The existing back out parking on Coronado will be eliminated.
The Coronado construction will be staged to involve only half of the right-of-way at a
time in order to keep one lane of traffic flow open. Detoured traffic will be directed to
Harnden Drive. This is estimated at a 12-month construction duration.
Phase 3 - Construct proposed Beach Walk plan along S. Gulfview. The beachfront
parking lots will be eliminated. The maintenance of traffic plan will be developed at that
time in order to respond to conditions regarding alternate parking areas, other
developments, etc, This is estimated at a two-year construction duration.
Following are specific details on each proposed additional funding sources:
1. In 2002, the City received a HUD grant in the amount of $490,000 to be used for
design work on Beachwa1k. This is a reimbursement grant in that the grant funds
are received after the City has expended the funds. To date we have received
$351,995 with $138,005 to be received after funds have been spent.
2, The City has been allocated $500,000 in the FDOT work plan for pedestrian
improvements. These funds should be received in May 2005.
Note on Interfund Loans listed below: Interfund loans are proposed in the
amount of $7 million ($2 million General Fund, $3.5 million Solid Waste Fund,
and $1.5 million Special Development Fund), The City currently has Federal
funding requests pending in the amount $7 million. It is not likely the entire $7
million will be allocated in a single year, however, it is possible that significant
amounts could be awarded over several years, It is our hope these awards will
be forthcoming and can be used to repay the loans made from City funds to this
project. Since there is no other source to pay these funds back, these loans will
be interest free,
3. In the First Amended and Restated Development Agreement between the City
and Clearwater Seashell Resort, LLC ("Developer"), dated 8/28/02, the City
agreed to purchase the property from the Developer for a not-to-exceed amount
of$6 million if the Developer failed to commence construction by 3/6/06. At the
time this amended agreement was signed, the City established a project for $6
million to reserve funds in case this occurred. This funding consisted of $2
million from the Parking Fund, a $2 million loan from the Central Insurance
Fund, and a $2 million loan from the General Fund. Since this agenda item is
contingent on the commencement of the Seashell Development project, the $2
million loan from the General Fund is no longer needed to purchase the property
and can be transferred to this project for the construction of Beachwalk.
4. The Solid Waste Utility Fund has a very strong financial position currently, with
net unrestricted assets of $10 million and cash of $7.5 million at 9/30/03.
Loaning $3.5 million towards this project would maintain reserves of at least 3
months operation and maintenance expenses, in accordance with Council Policy.
5. The Special Development Fund currently has approximately $2.75 million of
undesignated, unreserved fund balance. The money has accumulated over several
years from interest earnings on funds where the interest is not restricted. $2.5
million is available to loan to this project. Since the federal appropriation
requests total $7 million, only $1.5 million from the Special Development Fund
will be a loan, with the other $1 million being a transfer.
6. As mentioned in #5 above, the Special Development Fund has $2.5 million
available. $1.5 million will be an interfund loan to the project with $1 million
being a transfer to the proj ect.
7. This is the estimated cost of water and sewer utility work in the project increased
by the 10% CPI estimate.
8. This is the estimated cost of stormwater utility work in this project increased by
the 10% CPI estimate.
l
9. This is the estimated cost of gas utility work in this project increased by the 10%
CPI estimate.
10. There is currently $2.6 million available in project 92266 (Streets, Sidewalks &
Bridges) and an additional $2.4 million will be transferred to this project in
FY05. In addition, there is projected to be $250,000+ of additional Road millage
available for total available funds of $5.25 million. Current plans had the
following expenditures to be paid out ofthis project:
Description
04 Street Resurfacing $1,500,000
05 Street Resurfacing $1,500,000
04 Sidewalks $500,000
05 Sidewalks $750,000
South Beach Curb, Sidewalk, Resurface $1,000,000
(Gulfview and Bayway)
Total $5,250,000
Since we are nearly at the end of FY04, it is suggested that $1,832,770 of the 04
Street resurfacing funds and the 04 sidewalk funds (total of $2 million estimated)
be transferred to the beachwalk project. The result of this action is that there will
be a slight delay in issuing the contracts for this work which have typically been
issued in August of each year (delayed until 10/1/04), There will be a similar
delay by 1-2 months each year thereafter. In addition, the South Beach curbs,
sidewalks, and resurface should probably be delayed to coincide with the
completion of Beach walk.
11. The agreement with the Seashell Developer requires a contribution equating to
the cost of Beachwalk in front of their development. This amount is currently
estimated at $1,082,000 (current dollars) and we have increased that amount by
10% for a total of $1,190,000 which includes the City's share of transportation
impact fees. If additional development occurs on Gulfview, it is anticipated that
those developers will also be required to contribute to the cost of the project,
which could be used to replace other City funding. Depending on the actual start
date of construction, staff recommends using a construction inflation index to
determine the amount of funding to be contributed from the Developers,
The funding for this project will be put in place upon the developer moving forward on
their project and depositing the appropriate funds with the City of Clearwater. A
quarterly amendment will be processed to reflect the budget at that time.
Additional Information
As part of the agreement with the developer, the City is also required to reimburse the
Seashell developer an estimated $1 million for construction of a pedestrian overpass from
the public parking area. This reimbursement will come from the net income from the
parallel parking spaces constructed on S. Gulfview and 50% ofthe net increase in ad
valorem and utility taxes generated by the development.
Proposed Funding Sources
Funding received in the project to date includes:
HUD Grant ($490K awarded)
Penny for Pinellas
Development Impact Fees
Total
Costs (Actual and Encumbrances) to date:
Design
Miscellaneous
Total
Available Balance
Total Funding Needed
Less: Available Balance
Additional Funding Needed
Proposed Additional Funding
1. Balance of $490K HUD Grant
2. Florida Beachwalk Grant (5/2005)
3. General Fund Loan
4. Solid Waste Fund Loan
5. Special Development Fund Loan
6. Special Development Fund
7. Water and Sewer Fund
8. Stormwater Fund
9. Gas Fund
10. Road Millage
11. Seashell Developer Contribution
Total additional funding
$ 351,995
3,000,000
150.000
$ 3,501,995
$ 936,070
5.700
$ 941,770
$ 2.560.225
$15,000,000
(2.560.225)
$12.439.775
$ 138,005
500,000
2,000,000 (already set aside in project
to purchase Seashell)
3,500,000 - undesignated fund balance
1,500,000 - undesignated fund balance
1,000,000 - undesignated fund balance
207,000
530,000
42,000
1,832,770 (portion of current available and
05 receipts)
1.190.000 (estimated $1,082,000 increased
by 10% which includes the
City's share of $328,000
Transportation Impact fees)
$12.439.775
Estimated Impact on Parking Spaces
Current plans for Beachwalk include the following estimated changes to the parking
spaces on south beach:
Parking lost due to Beach Walk:
379 spaces in south beach surface lots
14 spaces in Pier 60 lot
53 on street spaces S, Gulfview.
New parking due to Beach Walk:
70 parallel spaces on Coronado
Estimated net loss of City provided parking is 376 spaces.
The Seashell Resort is to provide 400 public spaces as part of the development
agreement.
The estimated net gain in parking spaces is 24 spaces,
Estimated Financial Impact to Parking Fund
With the existing parking rates, the parking spaces on South Gulfview that will be
eliminated provide approximately $920,000 in revenue with expenses of only $190,000.
Eliminating these spaces will reduce net revenues in the parking fund by approximately
$730,000. This revenue is used to support the parking system, and in addition, pays a
portion of the expenses for the beachguard program, the Jolley Trolley subsidy, and
beach cleaning. In order to adjust for this lost revenue, there are several options that
could be implemented. The City could increase parking rates, which we feel would be
appropriate. The City could also eliminate or reduce certain services or could decide to
pay all or part of the costs for certain services :from another revenue source (i.e. General
Fund or special assessments).
In addition, there are additional parking needs in the City, both at the beach and in the
downtown, which will require constructing additional parking garages. These structures
are expensive to build and operate and in some cases, the revenue generated will not
support the related debt payments and operating expenses. The City will continue to
explore our parking needs and will strive to address those needs in the most cost effective
manner possible.
i 6.1
City Council
Cover Memorandum
Trackinq Number: 732
Actual Date: 8/16/2004
Subject / Recommendation:
Authorize a civil action against Mid-Continent Electric, Inc. to recover $676,53 for damage to City
property.
Summary:
On September 14, 2000, employees of Mid-Continent Electric, Inc" hit a gas line in the vicinity of
33380 U.S. 19, Clearwater, Florida, The contractor did not use safe and adequate methods to
determine the estimated location of the underground gas facilities, based on accepted engineering
and construction practices.
The incident caused damage to the City's gas line and loss of gas, resulting in required repairs in
the amount of $676.53.
The Legal Department requests authority to bring a legal action against Mid-Continent Electric,
Inc. to recover the moneys owed to the City for the aforesaid property damage.
Originating: City Attorney
Section: City Attorney Reports
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Pam Akin
07-22-2004
15:23:00
Cvndie Goudeau
08-03-2004
10:11:36
~3'2..
City Council
Cover Memorandum
Trackinq Number: 760
Actual Date: 8/16/2004
Subiect / Recommendation:
Authorize the City Attorney to hire Thompson, Sizemore & Gonzalez as outside counsel to
represent the City in the case of Cynthia Bender v. City Of Clearwater in the total estimated
amount of $60,000.
Summary:
The City of Clearwater was served with a lawsuit alleging that Ms, Bender's civil rights were
violated,
The plaintiff is a former Human Resources Manager who alleges that she was terminated because
of discrimination based on gender and retaliation for engaging in protected activities.
The City Attorney will assign defense of this lawsuit to Thompson, Sizemore & Gonzalez,
The initial budget is estimated at $60,000 for defense of this case,
The funding of $60,000 will come out of the City Attorney's professional services budget.
Oriqinatinq: City Attorney
Section: City Attorney Reports
Cateqory: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$60,000.00
For Fiscal Year:
10/01/2003 to 09/30/2004
City Council
Cover Memorandum
Total Cost:
$60,000.00
Approoriation Code(s)
010-09600-530100-514-000
Amount
$60,000,00
Comments
Review Approval
Pam Akin
08-04-2004 16:37:40
Tina Wilson
08-05-2004 08:19:58
Cyndie Goudeau
08-05-2004 08:55:11
South Beach Pavilion RFP Issues:
Our direction when last discussed was to go longer term, 10 years, to attract a larger pool of
proposals.
Since our last City Council discussion we looked at the structure for its value, needs and
limitations and upcoming development plans for Beach Walk to assure compatibility both in
design, uses and access and competition.
At minimum we determined we need to close the facility and do Public Safety, Health and
Sanitation issues such as repair the deck, restrooms, and ADA ramp access for proper slope,
width, heights and handrails.
We have found:
The buildings current appraised value is $223,515.
FEMA limits what we can physically do to the structure in anyone year. This limitation/dollar
threshold by percentage of building value requires a phased approach of gradual upgrades over
as much as four years to keep the existing building and minimize the total cost in anyone year.
Exterior repairs such as the deck and ramps do not count against the FEMA Dollar totals. By
utilizing our "in house" Building and Maintenance Staff, Code Compliance and Building Inspection
Staff we can do the necessary health and safety items cost effectively and have a building that is
functional, structurally sound, code compliant and has the necessary amenities for our beach
patrons minimum needs.
A look to the future brought forth the realization that there could be a significant change in the
ability of the South Beach Pavilion to rent beach umbrellas, chairs and cabanas or do business in
the beach footprint right in front of the future Sea Shell Resort. The Sea Shell has in their
agreement the exclusive right to do rental business on the beach immediately in front of their
resort as measured by extending their property lines west onto the beach to the high water mark.
This will have a significant impact on the area available to the South Beach Pavilion to rent
umbrellas, chairs and cabanas and could put us back in a dilemma on attracting a larger pool of
proposals knowing the rental area has significantly diminished (greater than 30%). Additionally
when Beach Walk is done it's intent is to encourage beach patrons to cross the street and use
retail services on the east side of Gulfview as the crosswalks will be more inviting and traffic less
inhibiting.
We are faced with the following
We know we need restrooms and ADA improvements. Having a Garage for beach rake
equipment is valuable and puts the equipment on site. Similarly having room to store some
beach umbrellas and distribution equipment is worth keeping for who ever provides the service.
We are looking for direction on
A. The need to continue vending food and beverage
B. The feasibility of a long-term contract with an uncertain future market.
C. Our options if the vendor we select fails
D. A delay in issuing the RFP if no decision is made.
We are set to issue the RFP on 1 October pending a possible negotiation of "beach rentals", and
a legal review to develop the wording for the potential for loss of business during the contract
term.
Are there any questions?
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City Council
Agenda Cover Memorandum
Trackinq Number: 786
Actual Date: 08/16/2004
Subject / Recommendation:
ADOPT Resolution No. 04-28, confirming a declaration of a state of emergency and establishing
emergency procurement procedures.
Summary:
A state of emergency in the City of Clearwater was proclaimed by William B. Horne, II, City
Manager, on August 12, 2004 based on conditions surrounding Hurricane Charley.
The entire City of Clearwater is threatened by the wind and rain and attendant disruption of
services and coastal areas are threatened by storm surge attendant to the arrival of Hurricane
Charley.
Conditions arising from the above-stated emergency have necessitated the establishment of
emergency procurement procedures.
Originating: City Attorney
Section City Attorney Reports
Cateoorv: Other
Public Hearino: No
Financial Information:
~ Other
Review Approval
Pam Akin
08-16-2004
14:43:58
C:vnoif> GOIJOf>rlLJ
08-16-2004
14:57:22
RESOLUTION NO. 04-28
A RESOLUTION OF THE CITY OF THE CITY OF
CLEARWATER, FLORIDA, CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY AND
ESTABLISHING EMERGENCY PROCUREMENT
PROCEDURES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a state of emergency in the City of Clearwater was proclaimed
by William B. Horne, II, City Manager, on August 12, 2004 based on conditions
surrounding Hurricane Charley; and
WHEREAS, the entire City of Clearwater is threatened by the wind and rain
and attendant disruption of services and coastal areas are threatened by storm
surge attendant to the arrival of Hurricane Charley; and
WHEREAS, conditions arising from the above-stated emergency have
necessitated the establishment of emergency procurement procedures;
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA;
Section 1. A declaration of a state of emergency proclaimed on August 12,
2004 is hereby confirmed.
Section 2. It was necessary to establish the following emergency
procurement procedures:
· The bid/quote requirements were suspended;
· Awards of contract for specified department directors were increased from
$25,000 to $50,000;
· The City Manager and Assistant City Manager were authorized to award
contracts without bid through $100,000;
· The City Manager had emergency authority above $100,000, but must
present an after action ratification item to the City Council for approval at the
next available Council Meeting;
· Purchasing card dollar limits for single and monthly transactions and their
usage (number of transactions) were increased to as much as
$100,000/transaction and $500,000/month for personnel specifically
approved by the City Manager; and
· Department directors involved in emergency and public services and other
selected personnel were increased to a "reasonable" amount with the top
limits reserved for the City Manager and Assistant City Manager only.
Section 3. This resolution shall take effect on August 12, 2004 at
6:00 p.m. and terminated on August 14, 2004 at 6:00 p.m.
PASSED AND ADOPTED this
day of
2004.
Attest:
Resolution No. 04-28
Cynthia E. Goudeau, City Clerk
Approved as to form:
Pamela K. Akin, City Attorney
Brian J. Aungst, Mayor
Resolution No. 04-28
04\
; dllarwater
o
Interoffice Correspondence Sheet
To:
Bill Horne II, City Manager
Garry Brumback, Assistant City Manager
From:
Mahshid Arasteh, Public Works Administrator
Andrew Neff, Public Utilities Director
Through:
CC:
Todd Petrie, Assistant Public Utilities Director
Lou Badami, Water Superintendent
Date:
August 12, 2004
RE:
Pinellas County Proposed Water Blending Plant
This memo serves as an update on the proposed Pinellas County blending facility and
supplements previous info provided on this subject. I discussed the proposed Pinellas
County Water Blending Facility today with Mike Sweet, Pinellas County Director of
Engineering for Utilities. Based on this conversation, the following indo is provided:
. Project concept: Move to a single blended source of water for the entire County
water system to alleviate water quality issues the County is experiencing.
County now has water in the northern area sourced from Eldridge Wilde well field
and pumped by their Keller facility. The southern portion of the county is sourced
directly from Tampa Bay Water (TBW) pumped thru the County's pumping station
just north of us. The County also needs to replace aging infrastructure at their
Keller facility regardless of the construction of a blending facility.
. The desired project consists of 2-10 million gallon blend tanks to mix all water
received from TBW, relocating the high service pumps from Keller to the new
blending facility (about 7000' away), installing booster pumps at the old Keller
facility to move the Eldridge Wilde water to the blending facility and installing all
chemical feed systems and associated gear-all for about $71 million. These
facilities are located in north county.
. The County Commission discussed this project previously and requested County
staffs return with some additional details. On August 17th, County staff will
discuss the project again with the County Commission at a work session--no
action to be taken--just guidance at this point. Key issues to be addressed
include TBW response to County's request for their purchase of the Keller
transfer pumps, project delivery methods and status of actions by TBW to control
water quality parameters. Pending outcome of the work session, County staff will
develop an item for County Commission consideration to move forward on the
project.
· Discussions with Mike revealed TBW does not want to purchase the Keller pump
station. TBW has also found thru modeling that it's very difficult to control water
characteristics given the complexity of their regional system. The County staff
will recommend a Construction Manager (CM) at risk as their proposed project
delivery method.
. The impact to the City is two additional years of County rate increases at 7%
beyond the 10% rate increases now planned thru 06/07. We'd see 7% rate
increases on our wholesale purchases in 07/08 and in 08/09.
I. FROM Will i am J on.son C I earwa ter
~~
August 16,2004
TO:
FRX NO.
7277873964
; Clearwater
u
Bill Jonson
Commissioner
F cllow Council Members
FROM: Bill Jonson
cc: Bill Horne
Rug. 16 2004 08:15AM Pi
/
i')'}
COPIES T~'~'
';TV COU'
AUG 1 6 2004
PRE8S
::RK/ATTOHNL i
SUBJECT: Project Suggestion Request from Suncoast League of Cities
Attached is a letter from the SlUlCOast League requesting suggestions for a regional
project for the League's emphasis this coming year.
I would like to discuss any suggestions you might have for such a project at tonight's
Council Meeting.
114
Encl: July 21, 2004, letter from President Jo Jeter
~
W
Post Office Box 4748 Clearwater. FL 33758-<1748 . 112 South Osceola Avenue CI~orwater. FL 33756
(727) 562-4050 Fox (727) 562-4052 bill.jonson@mycleorwoler.com INww.mycleorwoter.com
$'-1"- - 0 f
FROM: William Jonson Clearwater
FAX NO.
7277873964
Aug. 16 2004 08:15AM P2
t1SUNCOAST
LEAGUE OF CITIES
c/o 'fhe John Scon Dailey Florida InsTiTuTe of GovernmenT . Universily of South FloridCl
4202 E Fowler Avenue, SOC1 07 . Tampa, FL 33620 . (813) 974-2345 . Fax: (tt>pr~~ CJyo
too~\f'-..Q.T\'\'c~ jO{\)~~ CITY COUNCIL
Date:
July 21, 2004
JUL 27 2004
PRESS
CLERK/ATTORNEY
MEMORANDUM
To:
SLC Board Members & Alternate Members
From:
Jo Jeter. President
RE:
Project Request
At the last meeting in the City of Dunedin the Board of Directors decided to explore the
possibility of working on a project that is of importance to governmental organi7...ations in
our region. Several regional issues were discussed but before a decision is made on what
project/issue to mckle. the Board would like suggestions from your city/county regarding
those regional issues you feel are the most important.
The combined suggested projects will be discussed by the Executive Committee and the
top 3-5 will be presented at the September 25.2004 meeting in the City of Indian Rocks
Beach for selection.
Please submit any issues/concern/projects which you believe are regional in nature,
important to government and need attention in the next year. We would like your
suggestions sent to us by August 16, 2004 in the following manner:
Fax: (813) 974-2819
Email: harrell@cas.usf.cdu
Mail: Suncoast league of Cities
c/o The John Scott Dailey Florida Institute of Government
4202 E. Fowler Ave. SOCI07
Tampa, FL 33620
NOTE: Uyou or your alternate cannot attend the Board Meetings please let us
know by contacting Ginny Harrell prior to tbe meeting.
Bel/eoir. Bell6cir Beacn . Selleoir Bluffs' Belleoir Shore. Brooksville . Clearwater. CrYSTal River-Dade CiTY. Dunedin' Gulfpofl
Indien Rocks Beach. /i,dion Shores. Kenner", City. Largo. ModcirCl Beach. New Porr Richey. North RedingTon Seoch . Oldsmar
Pinc"a~ Coumy . p;",,;>If05 Park. Plam CiTy. Port Richey. Rp.dingron Beach. Redington Shores. SafeTY Harbor. Son Antonio
Seminofe. South Posadena . St. Leo' Sr. Pete Beech. St. Petersburg. Terpon Springs' Temple Terrace' Treasure Islond . Zephyrhill.