01/20/2005
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City Council Agenda
Date: 01/20/2005 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 Award
5 Presentations:
5.1 Farewell to Mayor Aungst
5.2 Proclamation - The Clearwater Beach Chamber of Commerce
5.3 Neighborhood of the Quarter
5.4 FLA Limited Edition Print
5.5 Turkey Trot Awards
6 Approval of Minutes
6.1 City Council - December 16, 2004
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Quasi-judicial public hearings
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
8.1 Approve the Petition for Annexation, Land Use Plan Amendment from County
Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment
from the County R-4, One, Two and Three Family Residential District, to the City
Medium Density Residential (MDR) District for 2060 Evergreen Avenue (Lots 1 through
16 Brooklawn Subdivision, Block 1 in Section 3, Township 29 South, Range 15 East);
and Pass Ordinances #7362-05, #7363-05 &# 7364-05 on first reading.
8.2 Approve the Petition for Annexation, Land Use Plan Amendment from County
Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment
from the County R-3, Single-Family Residential District, to the City Low Medium Density
Residential (LMDR) District for 1481 Carolyn Lane (Lot 19 Terra-Alto Estates in Section
2, Township 29 South, Range 15 East); and PASS Ordinances #7365-05, #7374-05 &
#77375-05 on first reading.
9 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
9.1 Approve amendments to the Clearwater Downtown Redevelopment Plan and Pass
Ordinance No. 7367-05 on first reading.
9.2 Continue until a date uncertain the applicant's request to vacate the north one-half of
Dempsey Street (A.KA 721 Lakeview Road, VAC 2004-16).
9.3 Approve a development agreement between CBR Development I, LLC and CBR
Development II, LLC and the City of Clearwater and approve Resolution No. 05-04.
9.4 Approve applicant's request to vacate Beach Drive from San Marco Drive north to
Baymont Street (470 - 495 Beach Drive), subject to specified conditions, and approve
Ordinance Number 7369-05 on first reading, (VAC2005-01 Hunter Hotel Company and
Mandalay Investments, LLC),
9.5 Approve amendment to the Community Development Code imposing a moratorium
upon certain development approvals for the Old Florida District Subarea of the Beach
by Design Special Area Plan concerning Clearwater Beach and Pass Ordinance No.
7385-05.
Follow-up from Work Session 01/18/05 - Old Florida District.
10 Second Readings - public hearing
10.1 Adopt Ordinance No. 7353-05 on second reading, annexing certain real property
whose post office addressis 1208 Claire Drive, into the corporate limits of the City, and
redefining the boundary lines of the City to include said addition.
10.2 Adopt Ordinance No. 7354-05 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to designate the land use for certain
real property whose post office address is 1208 Claire Drive, upon annexation into the
City of Clearwater, as Residential Low.
10.3 Adopt Ordinance No. 7355-05 on second reading, amending the zoning atlas of the
City by zoning certain real property whose post office address is 1208 Claire Drive,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
10.4 Adopt Ordinance No. 7370-05 on second reading, vacating the east 240 feet of the
40-foot right of way of State Street, subject to a drainage and utility easement which is
retained over the full width thereof.
10.5 Adopt Ordinance No. 7373-05 on second reading, relating to purchases over
$50,000.00, amending Chapter 2, Administration, Division 3, Subdivision II, Purchase
of Commodities, Services, and Public Works Bids, Code of Ordinances, providing for
advertising of construction projects where the cost exceeds $200,000 or $500,000.
City Manager Reports
11 Consent Agenda
11.1 Approve the request for a housing infillloan deferral for a period not to exceed six
months for the borrower Ms. Isla Wilburn, and authorize staff to approve an additional
six month deferral if warranted.
11.2 Approve the loan restructure with Greenwood Apartments, LLC.
11.3 Approve the City of Clearwater - Housing Loan Approval Policy.
11.4 Declare one Xerox color copier, one AD Dick printing press and one Triumph cutter,
surplus to the needs of the City and authorize disposal through sealed bid sale to the
highest bidder, trade-in for additional graphics equipment or through Solid Waste
recycling.
11.5 Approve three Pine lias County Recreational Grant Funding Agreements for the Long
Center for a total amount of $12,500, between Pinellas County and the City of
Clearwater and authorize the appropriate officials to execute same.
11.6 Appoint C.W. "Bill" Renfroe to the Board of Trustees, Clearwater Police Supplementary
Pension Plan for a term from February 1,2005 to January 31,2007.
11.7 Approve the First Amendment to the Agreement between the Southwest Florida Water
Management District and the City of Clearwater increasing the District funding for the
Alligator Creek Implementation Projects, Phase II from $1,000,000 to $2,500,000 and
authorize the appropriate officials to execute same.
11.8 Accept a 5-foot Water Main and Utility Easement conveyed by Peter and Toula Hlepas,
husband and wife, over and across a portion of Lot C, Block 1, BAYSIDE
SUBDIVISION NO.4 UNIT A, given in receipt of $1.00 and other valuable
consideration and authorize the appropriate officials to execute same.
11.9 Award a contract to American Water Services Underground Infrastructures, Inc., in the
amount of $350,000.00 for sanitary sewer line cleaning and inspection at various
locations throughout the City of Clearwater, using the unit prices established in a
contract with the City of St. Petersburg for Sanitary Sewer Cleaning (Bid No. 6242),and
authorize the appropriate officials to execute same.
11.10 Award a construction contract for Lift Station #55 Rehabilitation (01-0036-UT) to TLC
Diversified, Incorporated of Palmetto, Florida in the amount of $622,770.50, in
accordance with City Code Sec. 2.564(d), other governmental bid,and authorize the
appropriate officials to execute same.
11.11 Award a contract for the refurbishment construction for one 90 foot diameter digester
and associated equipment at both the Northeast and Marshall Street APCFs (Project
#03-0022-UT, Biosolids Treatment Implementation - Digester Refurbishment) to RTD
Construction, Inc., of Zephyrhills, Florida, in the amount of $4,742,156.10, which is the
lowest responsible bid received in accordance with plans and specifications, including
a 10% Contingency,and that the appropriate officials be authorized to execute same.
11.12 Award a contract for construction of Security Features, including fencing and barricade
walls, at the Northeast Advanced Pollution Control Facility (NEAPCF) and Treatment
Plants 2 and 3 (formerly titled reservoirs 2 and 3) to Kloote Contracting, Inc., Palm
Harbor, Florida in the amount of $218,523.80, which is the lowest responsible bid
received in accordance with plans and specifications, and authorize the appropriate
officials to execute same.
11.13 Ratify and Confirm Change Order NO.2 & Final to Wharton-Smith, Inc. of Lake
Monroe, FL for the 2000 Reclaimed Water System Improvements, Contract 2 -
Pumping Stations Improvements (00-0029-UT) in the amount of $83,285.07, for a new
contract total of $1 ,263,523.09, and approve a time extension of 426 days,
11.14 Review and Accept the Annual 2004 Report of Transfer of Development Rights (TDRs)
pursuant to Reporting Requirement of the Community Development Code.
11.15 Review and File the Annual 2004 Reports of Beach by Design Hotel Room Density
Pool and Clearwater Downtown Redevelopment Plan Area Public Amenities Incentive
Pool.
11.16 Reppoint Jonathan Wade to the Parks and Recreation Board with the term expiring on
January 31,2009.
11.17 Authorize the City Attorney to appeal the Order of the Unemployment Appeals
Commission in the case of City of Clearwater v. Kulig.
12 Other items on City Manager Reports
12.1 Adopt Resolution 05-01, adopting the United States Department of Homeland
Security's established National Incident Management System as the concept for
planning, preparing, responding, recovering, and mitigating emergencies happening in
or effecting the City of Clearwater.
12.2 Award a contract to lease desktop and laptop computers for 3 years from Dell
Computers, Inc., Round Rock, TX, for an amount not to exceed $1,005,000, in
accordance with the terms of State Contract #250-000-03-1; and award a contract to
lease purchase monitors from Dell Computers, Inc., Round Rock, TX, for an amount
not to exceed $260,000, in accordance with the terms of State Contract
#250-000-03-1; and adopt Resolution 05-05 authorizing the City Manager to delegate
to the Information Technology Director or other designee the ability to execute
documents on Lease Agreements with Dell Marketing, LP.
12.3 Pass Ordinance No. 7376-05 on first reading, amending Section 22.24 of the City of
Clearwater Code of Ordinances relating to the regulation of hours of operation for
parks and to prohibit trespassing on parks, and amending Section 22.33 of the City of
Clearwater Code of Ordinances deleting reference to park hours due to a revision of
applicable hours at Courtney Campbell Recreation Area.
12.4 Adopt Resolution No. 05-07 authorizing changes to the recently amended commercial
and private dock permits for storage of vessels at the Clearwater Municipal Marina and
the conditions surrounding the turnover of business ownership at the Clearwater
Municipal Marina.
12.5 Pass Ordinance No. 7377-05, amending paragraph (7) of Chapter 33, Section 33.067
of the Code of Ordinance extending the designated slow down minimum - wake zone
in Mandalay Channel, on first reading.
12.6 Pass on first reading Ordinance No. 7384-05 repealing Ordinance 6132-97 that
conditionally vacated a portion of the public alley in Block 4, GOULD & EWING'S 2ND
ADDITION, as recorded in O. R. Book 9685, Page 1310, Pine lias County public
records.
12.7 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of
Agreement with the Florida Department of Transportation, District Seven, so that
aesthetic improvements can be made a portion of SR 55 (US 19) and Adopt Resolution
No. 05-02 authorizing execution of said Highway Landscape Maintenance
Memorandum of Agreement,
12.8 Cleveland Street Recommendation for Spring Break. (at Thursday meeting)
12.9 Appoint four members to the Library Advisory Board with the term expiring on January
31,2009.
12.10 Appoint one member to represent the Community Development Board with the term
expiring on February 28, 2009.
12.11 IAFF Union negotiations update.
13 City Attorney Reports
13.1 Approve the Assignment of the Beachwalk Resort, LLC Development Agreement with
the City of Clearwater to Crystal Beach Capital, LLC and authorize the appropriate
officials to execute same.
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
Norman, Lois
From:
Sent:
To:
Cc:
Subject:
Clayton, Gina
Thursday, January 20, 2005 9:48 AM
Goudeau, Cyndie
Norman, Lois; Tarapani, Cyndi; Dougall-Sides, Leslie
Cases for 2-17-05 Council Meeting
Cyndie,
I just wanted to let you know that we have an annexation, a land use plan amendment for LaSalle Realty (Dimmitt Cadillac)
and a development agreement. We are going to include these three cases in one agenda item to the Council since the
Development Agreement is being processed to support the land use plan amendment. We will enter it into FYI as we
usually do for ANX and LUZs. This is the first time we are using a development agreement in this manner. If you see
any issues with handling the cases this way on the agenda, please let me know because we were going to enter into FYI
today. The only issue that may be created is that the ANX and LUZ are approved by ordinance and the DVA by a
resolution. Thanks.
1
Additional follow up from Tuesday's Work Session. Will be printed and placed at your seats on the dais.
-----Original Message-----
From: Clayton, Gina
Sent: Thursday, January 20,20059:14 AM
To: Goudeau, Cyndie; Tarapani, Cyndi
Cc: Norman, Lois
Subject: Information for Old Florida
At Monday's worksession, Vice-Mayor Jonson requested information regarding continued cases in the Old Florida District.
Below please find that information.
Two applications for new construction have been continued at the CDB:
FLD2004-03018 - 669 Bay Esplanade - La Risa II
This case was before the COB a total of 4 times: 7-20-04; 8-17-04; 9-21-04; 10-19-04. The case was approved
by the COB on 10-19-04 by a vote of 4-3.
FLD 2004-01 004/TDR2004-01 007 - 638 - 650 Poinsettia Ave. - Monaco Resort
This case was to be heard by the COB on June 15th. The applicant requested a continuance prior to the meeting
and the case was continued to a date uncertain.
Gina L. Clayton
Long Range Planning Manager
City of Clearwater
gina.c1ayton@myclearwater.com
727-562-4587
1
CITY OF CLEARWATER
Interdepartmental Correspondence
FROM:
Mayor and Councilmembers
Cyndie Goudeau, City Clerk ~ r 1
TO:
SUBJECT: Follow up from January 18, 2005 Work Session
COPIES:
William B. Horne, City Manager
DATE:
January 19, 2005
The following information is provided:
Agenda - Item 12.11 - IAFF Negotiations update and Item 13.1 (City Attorney Reports
- see item below) were added.
Item #9.5 - Approve amendment to Community Development Code imposing a
moratorium upon certain development approvals for the Old Florida District Subarea of Beach
by Design Special Area Plan concerning Clearwater Beach and Pass Ordinance 7385-05. -
Information was requested regarding inconsistencies in the Old Florida District; these are
outlined in an email containing Beach Rezoning Study attachments sent today.
Information regarding continued applications will be available on Thursday.
Item #13.1 - Approve the Assignment of Beachwalk Resort, LLC Development
Agreement with the City of Clearwater to Crystal Beach Capital, LLC - letter provided.
Note: - Please bring calendars to set impasse hearing in IAFF Union negotiations.
PLD - 2-
6" \
City Council
"""MM""",,~!!~ c~Y~!"'m~"""~morandum
Tracking Number: 1,044
Actual Date: 01/20/2005
Subiect / Recommendation:
Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4, One,
Two and Three Family Residential District, to the City Medium Density Residential (MDR) District
for 2060 Evergreen Avenue (Lots 1 through 16 Brooklawn Subdivision, Block 1 in Section 3,
Township 29 South, Range 15 East); and Pass Ordinances #7362-05, #7363-05 &# 7364-05 on
first reading.
Summary:
The subject property is located at 2060 Evergreen Avenue, bounded by Arbelia Street (north),
Evergreen Avenue (east), Idlewild Drive (south) and Lantana Avenue (west) located 300 feet
west of King's Highway. The applicant is requesting this annexation in order to receive City
water, sewer and solid waste services. The property is contiguous with the existing City
boundaries to the south, east and west; therefore, the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. It is proposed that the abutting Arbelia
Street right-of-way not currently within the City limits also be annexed. The subject site is
approximately 1.8-acres in area and is vacant. It is proposed that the property have a Future
Land Use Plan designation of Residential Urban (RU) and a zoning category of Medium Density
Residential (MDR). 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.The Planning Department determined that
the proposed annexation is consistent with the following standards specified in the Community
Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level
of service.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
Please refer to the attached report (ANX2003-08014) for the complete staff analysis.
The Community Development Board reviewed these applications at its public hearing on
December 14, 2004 and unanimously recommended approval of the application.
Oriqinatinq: Planning
Section Quasi-judicial public hearings
Cateqorv: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 11/28/2004
01/16/2005
Financial Information:
Review Approval
Gina Clavton
12-15-2004
08:31:40
City Council
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Cvndi Taraoani 12-15-2004 16:42:27
Garry Brumback 01-03-2005 15:54: 14
Cvndi Taraoani 12-15-2004 09:56:20
Leslie Douaall-Sides 12-23-2004 09: 18:29
Bill Horne 01-03-2005 20:49:05
Gina Clayton 12-15-2004 10:48:02
Cyndie Goudeau 01-04-2005 14:52:33
ORDINANCE NO. 7362-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY BOUND BY
EVERGREEN AND LANTANA AVENUES TO THE EAST AND
WEST, RESPECTIVELY, ARBELlA STREET TO THE NORTH
AND IDLEWILD DRIVE TO THE SOUTH, APPROXIMATELY 250
FEET WEST OF KING'S HIGHWAY, CONSISTING OF THREE
PARCELS OF LAND THAT INCLUDES LOT 8, BLOCK H,
BROOKLAWN SUBDIVISION, LOTS 1 THROUGH SIX AND 9
THROUGH 14, BLOCK I, BROOKLAWN SUBDIVISION, AND 0.28
ACRES OF THE ABUTTING ARBELlA STREET RIGHT-OF-WAY,
WHOSE POST OFFICE ADDRESS IS 2060 EVERGREEN
AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 8, Block H, Lots 1 to 6, and Lots 9 to 14, Block I, Brooklawn Subdivision.
Plat Book 13, Page 59, Public Records of Pinellas County, Florida and 0.28 acres
of the abutting Arbelia Street right-of-way. (ANX2004-08014)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
Ordinance No. 7362-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7362-05
ORDINANCE NO. 7363-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY BOUND BY
EVERGREEN AND LANTANA AVENUES TO THE EAST AND
WEST, RESPECTIVELY, ARBELlA STREET TO THE NORTH
AND IDLEWILD DRIVE TO THE SOUTH, APPROXIMATELY 250
FEET WEST OF KING'S HIGHWAY, CONSISTING OF THREE
PARCELS OF LAND THAT INCLUDES LOT 8, BLOCK H,
BROOKLAWN SUBDIVISION, LOTS 1 THROUGH SIX AND 9
THROUGH 14, BLOCK I, BROOKLAWN SUBDIVISION, AND 0.28
ACRES OF THE ABUTTING ARBELlA STREET RIGHT-OF-WAY,
WHOSE POST OFFICE ADDRESS IS 2060 EVERGREEN
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; 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 Land Use CateQorv
Lot 8, Block H, Lots 1 to 6, and Lots 9 to 14, Block I, Residential Urban
Brooklawn Subdivision. Plat Book 13, Page 59,
Public Records of Pinellas County, Florida, and 0.28 acres
of the abutting Arbelia Street right-of-way.
(ANX2004-08014)
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. 7362-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7363-05
ORDINANCE NO. 7364-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY BOUND BY EVERGREEN AND
LANTANA AVENUES TO THE EAST AND WEST,
RESPECTIVELY, ARBELlA STREET TO THE NORTH AND
IDLEWILD DRIVE TO THE SOUTH, APPROXIMATELY 250 FEET
WEST OF KING'S HIGHWAY, CONSISTING OF THREE
PARCELS OF LAND THAT INCLUDES LOT 8, BLOCK H,
BROOKLAWN SUBDIVISION, LOTS 1 THROUGH SIX AND 9
THROUGH 14, BLOCK I, BROOKLAWN SUBDIVISION, AND 0.28
ACRES OF THE ABUTTING ARBELlA STREET RIGHT-OF-WAY,
WHOSE POST OFFICE ADDRESS IS 2060 EVERGREEN
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 8, Block H, Lots 1 to 6, and Lots 9 to 14, Block I,
Brooklawn Subdivision. Plat Book 13, Page 59,
Public Records of Pinellas County, Florida, and 0.28 acres
of the abutting Arbelia Street right-of-way. (ANX2004-08014)
Zonino District
Medium Density Residential
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. 7362-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7364-05
Aerial Photograph
Owners Bernard K. Reichel; Patrick Valin; Ido Fishier Case: A NX2004-Q80 14
Property
Size (Acres): 1.8
Site: 2060 Evergreen A venue
0.28
Land Use Zoning 03/29/15/12060/0090010
PIN: 03/29/15/12090/009/0070
From: RU (County) R-4 (County) 03/29/15/12060/009/0150
To: RU (City) MDR (City) Atlas Page: 251B
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View looking southeast from northwest side of site
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ANX2004-08014
2060 Evergreen Avenue
~ '. PLj) -2~
CDB Meeting Date: December 14. 2004
Case Number: ANX2004-080 14
Agenda Item: F-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER:
Bernard K. Reichel; Patrick Valin; Ido FishIer
APPLICANT:
Bernard K. Reichel
LOCATION:
2060 Evergreen Avenue
REQUEST:
(a) Annexation of 1.8-acres and 0.28 acres of abutting
Arbelia Street right-of-way to the City of Clearwater;
(b) Land Use Plan amendment from Residential Urban
(RU) Category (County) to Residential Urban (RU)
Category (City of Clearwater); and
(c) Rezoning from R-4, One, Two and Three Family
Residential District (County) to Medium Density
Residential (MDR) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
80,000 square feet or 1.8 acres
DIMENSIONS OF SITE:
200 feet wide by 400 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Single- and multi-family dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential Urban (RU) (City)
Draft Staff Report - Community Development Board - November 16,2004 - Case ANX2004-08014 Page
1
ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two and Three Family Residential (County)
Medium Density Residential (MDR) (City)
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Multi- family residential
West: Single-family residential
ANALYSIS:
This annexation involves a 1.8-acre property consisting of three parcels, bounded by Evergreen
and Lantana Avenues to the east and west, respectively, Arbelia Street to the north and Idlewild
Drive to the south approximately 250 feet west of King's Highway and 0.28 acres ofthe abutting
Arbelia Street right-of-way. The site is contiguous with the existing City boundaries on all sides
and is consistent with Florida Statutes with regard to voluntary annexation. The applicant is
requesting this annexation to receive sanitary sewer, water and solid waste service. It is proposed
that the property have a Future Land Use Plan designation of Residential Urban (RU) and a
zoning category of Medium Density Residential (MDR).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The site is currently vacant. Water and sewer service will be provided by the City of Clearwater
and capacity for the project is available from these utilities. The closest sewer line is located
within the Alpine Road right-of-way approximately 200 east of the subject site. The closest
water line is located within the Evergreen Road right-of-way to the west of the site. The
applicant is aware of the costs to extend service to this site, as well as the applicable impact fees
and utility deposits that must be paid at the time building permits are issued.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within the East Police District and service will be administered through
the District 2 Police Headquarters located at 645 Pierce Street. There are currently 65 patrol
officers and 9 patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property and the annexation will not adversely affect police
service and response time.
Draft Staff Report - Conununity Development Board - November 16,2004 - Case ANX2004-08014
Page 2
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
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.1]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Urban (RD). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in an urban low density residential manner;
and to recognize such areas as primarily well-suited for residential uses that are consistent with
the urban qualities and natural resource characteristics of such areas. Residential uses are the
primary uses in the plan category up to a maximum of 7.5 dwelling units per acre. Secondary
uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational
Facility; Ancillary Non-Residential and Recreation/Open Space.
The proposed annexation is consistent with promoting the following goal and objective of the
City of Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
The site is currently zoned R-4, One, Two and Three Family Residential District in the County.
The applicant proposes to rezone the property to the Medium Density Residential District
(MDR). Under the current MDR zoning district provisions, a minimum lot width of 50 feet and
a minimum lot area of 5,000 square feet are required for single-family dwellings. A minimum
lot width of 100 feet and a minimum lot area of 10,000 square feet are required for multi-family
dwellings. The subject property exceeds the minimum dimensional requirements of a standard,
single-family development as part of a Minimum Standard development or a multi-family
development as part of a Flexible Standard development in the MDR District and is therefore
consistent with the Community Development Code.
Draft Staff Report - Conununity Development Board - November 16,2004 - Case ANX2004-08014
Page 3
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Urban (RU) with a maximum density of7.5 dwelling units per acre.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and determined it complies with all applicable
ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries on all sides and represents a logical and
appropriate extension of the existing boundaries. The compactness standard of Florida law
requires that the annexation does not create an enclave or a serpentine pattern of municipal
boundaries. The annexation of this property is consistent with this standard and eliminates an
enclave.
In summary, the annexation ofthis property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including water, sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Florida law regarding municipal annexation and eliminates an enclave.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following action on the request:
(a) Annexation of 1.8-acres and 0.28 acres of abutting Arbelia Street right-of-way to the City of
Clearwater;
(b) Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential
Urban (RU) Category (City of Clearwater); and
(c) Rezoning from R-4, One, Two and Three Family Residential District (County) to Medium
Density Residential (MDR) District (City of Clearwater).
Draft Staff Report - Community Development Board - November 16,2004 - Case ANX2004-08014
Page 4
Prepared by Planning Department Staff:
Mark T. Parry, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 2004IANX2004-08014 2060 Evergreen ReichelIANX2004-08014 staffreport.doc
Draft Staff Report - Community Development Board - November 16,2004 - Case ANX2004-08014
Page 5
--,
City Council
,_,_,",",~~,!!"a C~!!,r Memorandum"""",_"
PLD - 3
~"d.
Tracking Number: 1,045
Actual Date: 01/20/2005
Subiect / Recommendation:
Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for
1481 Carolyn Lane (Lot 19 Terra-Alto Estates in Section 2, Township 29 South, Range 15 East);
and PASS Ordinances #7365-05, #7374-05 & #77375-05 on first reading.
Summarv:
The subject property is located at 1481 Carolyn Lane, on the south side of the street
approximately 150 feet west of North Highland Avenue. The applicant is requesting this
annexation in order to receive City solid waste service. The property is contiguous with the
existing City boundaries to the north, east and west; therefore, the proposed annexation is
consistent with Florida Statutes with regard to voluntary annexation. The subject site is
approximately 0.163-acres in area and is occupied by an existing single-family detached
dwelling. It is proposed that the property have a Future Land Use Plan designation of
Residential Urban (RU) 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, represents a logical
extension of the boundaries and does not create an enclave.
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 annexation (ANX2004-10015) report
for the complete staff analysis. The Community Development Board reviewed this application
at its public hearing on December 14, 2004 and unanimously recommended approval of the
application.
Oriainatina: Planning
Section Quasi-judicial public hearings
Cateaorv: Annexations, Land Use Plan and Zoning
Public Hearina: Yes
Advertised Dates: 11/28/2004
01/16/2005
Financial Information:
Review Approval
Gina Clavton
12-15-2004
09:47:21
Cvndie Goudeau
01-04-2005
14:51:46
Cvndi Taraoani
Garrv Brumback
Leslie Dougall-Sides
Bill Horne
City Council
Ag,!!nd~.....CoV~!".,.Memora nd u m
12-15-2004 09:58:28
01-03-2005 15:53:07
12-23-2004 09: 16:29
01-03-2005 20:50:02
ORDINANCE NO. 7365-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF CAROLYN LANE APPROXIMATELY 150 FEET
WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF LOT
19, TERRA-ALTO ESTATES, WHOSE POST OFFICE ADDRESS
IS 1481 CAROLYN 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 19, Terra-Alto Estates, as recorded in Plat Book 45, Page 5, Public Records of
Pinellas County, Florida
(ANX2004-10015)
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. 7365-05
ORDINANCE NO. 7374-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF CAROLYN LANE APPROXIMATELY 150 FEET
WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF LOT
19, TERRA-ALTO ESTATES, WHOSE POST OFFICE ADDRESS
IS 1481 CAROLYN LANE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 19, Terra-Alto Estates, as recorded in Plat Book 45,
Page 5, Public Records of Pinellas County, Florida
(ANX2004-10015)
Land Use CateQorv
Residential Urban
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. 7365-05.
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. 7374-05
ORDINANCE NO. 7375-05
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 CAROLYN LANE APPROXIMATELY 150 FEET WEST OF
NORTH HIGHLAND AVENUE, CONSISTING OF LOT 19, TERRA-
ALTO ESTATES, WHOSE POST OFFICE ADDRESS IS 1481
CAROLYN 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 19, Terra-Alto Estates, as recorded in Plat
Book 45, Page 5, Public Records of Pinellas
County, Florida (ANX2004-10015)
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. 7365-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7375-05
K[". PLlJ - 3
Aerial Map
Owner Mr. Robert A. Binder & Mr. Michael Lucas Case: ANX2004-10015
Site: 1481 Carolyn Lane 0.163
Land Use Zoning
PIN: 02-29-15-90288-000-0190
From: RU (County) R-3 (County)
To: RU (City) LMDR (City) Atlas Page: 261A
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Owner
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Site:
1481 Carolyn Lane
Land Use
Zoning
PIN: 02-29-15-90288-000-0190
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Owner Mr. Robert A. Binder & Mr. Michael Lucas Case: ANX2004-1 0015
Site: 1481 Carolyn Lane Property 0.163
Size (Acres):
Land Use Zoning
PIN: 02-29-15-90288-000-0190
From RU (County) R-3 (County)
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View looking south from Carolyn Lane
View looking southeast from from Carolyn Lane
View looking southwest from northeast corner of site
View looking southeast east from northwest corner of site
View lookingsouth east from northwest corner of site
View looking south from northeast corner of site
Binder/Lucas Residence ANX2004~10015
1481 Carolyn Lane
K~'. PLD-.$
CDB Meeting Date: December 14.2004
Case Number: ANX2004-10015
Agenda Item: F-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Robert A. Binder & Michael Lucas
LOCATION:
1481 Carolyn Lane
REQUEST:
(a) Annexation ofO.163-acres to the City of Clearwater;
(b) Land Use Plan amendment from Residential Urban
(RU) Category (County) to Residential Urban (RU)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,100 square feet or 0.163 acres
DIMENSIONS OF SITE:
71 feet wide by 100 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential Urban (RU) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
EXISTING
Draft Staff Report - Connnunity Development Board - December 14, 2004 - Case ANX2004-10015 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
This annexation involves a 0.163-acre property consisting of one parcel, located on the south side
of Carolyn Lane approximately 150 feet west of North Highland Avenue. The property is located
within an enclave and is contiguous with existing City boundaries to the north, east and west;
therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation. The applicant is requesting this annexation to receive solid waste service. It is
proposed that the property have a Future Land Use Plan designation of Residential Urban (RU)
and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The applicant receives water service from Pinellas County. The site currently receives sewer
service from the City of Clearwater and capacity for the project is available from these utilities.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within the East Police District and service will be administered through
the District 2 Police Headquarters located at 645 Pierce Street. There are currently 65 patrol
officers and 9 patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property and the annexation will not adversely affect police
service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
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.
Draft Staff Report - Community Development Board - December 15, 2004 - Case ANX2004-10015 Page 2
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The Pine lIas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Urban (RU). It is the purpose of the RU category to depict those areas of the County
that are now developed, or appropriate to be developed, in an urban low density residential
manner; and to recognize such areas as primarily well-suited for residential uses that are
consistent with the urban qualities and natural resource characteristics of such areas. Residential
is the primary use in this plan category up to a maximum of seven and one-half (7.5) dwelling
units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with promoting the following goal and objective of the
City of Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
The site is currently zoned R-3, Single Family Residential District in the County. The applicant
proposes to rezone the property to the Low Medium Density Residential District (LMDR).
Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a
minimum lot area of 5,000 square feet are required. The subject property exceeds the minimum
dimensional requirements of a standard development in the LMDR District and is therefore
consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Countywide Future Land Use Plan category ofthe site, which
will remain Residential Urban (RU) with a maximum density of7.5 dwelling units per acre.
Draft Staff Report - Community Development Board - December 15,2004 - Case ANX2004-10015 Page 3
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and determined it complies with all applicable
ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the south and represents a logical and
appropriate extension of the existing boundaries. The compactness standard of Florida law
requires that the annexation does not create an enclave or a serpentine pattern of municipal
boundaries. The annexation of this property is consistent with this standard and reduces an
enclave.
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
property already receives City water and sanitary sewer service. The proposed annexation is
consistent with both the City's Comprehensive Plan and is consistent with Florida law regarding
municipal annexation and eliminates an enclave.
Based on the above analysis, the Planning Department recommends of the following actions on
the request:
(a) Recommend APPROVAL ofthe annexation of 0.163-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Urban (RU) Category pursuant to the City's
Comprehensive Plan; and
(c) Recommend APPROV AL of the LMDR, Low Medium Density Residential zomng
district pursuant to the City's Community Development Code.
Draft Staff Report - Community Development Board - December 15, 2004 - Case ANX2004-10015 Page 4
Prepared by Planning Department Staff:
Mark T. Parry, Planner ill
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D B\Annexations\ANX - 2004\ANX2004-09015 1705 Thomas Dr Stewart Residence\ANX2004-09015 staff
report. doc
Draft Staff Report - Community Development Board - December 15, 2004 - Case ANX2004-100 15
Page 5
'''L'\ b
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City Council
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Tracking Number: 1,046
Actual Date: 01/20/2005
Subject / Recommendation:
Approve amendments to the Clearwater Downtown Redevelopment Plan and Pass Ordinance No.
7367-05 on first reading.
Summary:
An amendment to the Clearwater Downtown Redevelopment Plan (hereafter referred to as the
Plan) was recently approved by the City Council on November 4, 2004 that made certain
editorial changes and clarifications to the Plan and added the Design Guidelines. The Planning
Department had intended for the changes proposed in this ordinance to be included with that
most recent amendment, however, due to advertising deadlines, they could not be included in
the ordinance. Proposed Ordinance No. 7367-05 amends the Plan by making minor editorial
changes and extending the scope of the Fort Harrison Streetscape Project from Drew Street to
Nicholson Street. It also reflects that extension within the cost estimates for the project in the
Capital Improvement Plan. The Community Development Board reviewed and recommended
APPROVAL of the proposed amendments to the Clearwater Downtown Redevelopment Plan in its
capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on December 14,
2004.
Originating: Planning
Section Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 11/28/2004
01/16/2005
Financial Information:
~ Other
Bid Required? No
Bid Exceotions:
Impractical to Bid
Review Approval
Cvndi Taraoani
12-15-2004 09:54: 19
Garrv Brumback
01-08-2005 08:38:59
Leslie Douaall-Sides
01-05-2005 14:57:30
Bill Horne
01-11-2005 12:37:02
Cvndie Goudeau
01-14-2005 08:42:31
ORDINANCE NO. 7367-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE CLEARWATER DOWNTOWN
REDEVELOPMENT PLAN; BY MAKING MINOR EDITORIAL
AMENDMENTS; BY AMENDING CHAPTER 3 LAND USE
PLAN/REDEVELOPMENT PLAN BY REVISING THE MASTER
STREETSCAPE AND WAYFINDING PLAN BY EXTENDING THE
DOWNTOWN CORRIDOR DESIGNATION FOR NORTH FORT
HARRISON AVENUE FROM DREW STREET TO NICHOLSON
STREET; BY AMENDING CHAPTER 4 PLAN IMPLEMENTATION BY
REVISING THE CAPITAL IMPROVEMENT PLAN AND BY AMENDING
MAP 12 TO EXPAND THE FORT HARRISON STREETSCAPE
PROJECT FROM DREW STREET TO NICHOLSON STREET TO
REVISE THE COST ESTIMATES FOR SUCH PROJECT; BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the
Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.5, to adopt
and enforce a specific plan for redevelopment in an urban center in accordance with the Central
Business District plan category, and said Section requires that a special area plan therefore be
approved by the local government; and
WHEREAS, the City Council approved the 1995 Clearwater Downtown Redevelopment
Plan on August 17, 1995 and the Downtown Periphery Plan update on April 19, 2001; and
WHEREAS, the City Council approved the updated 2003 Clearwater Downtown
Redevelopment Plan on September 18, 2003 by adopting Ordinance No. 7153-03; and
WHEREAS, the City Commission amended the updated 2003 Clearwater Downtown
Redevelopment Plan on December 4,2003 by adopting Ordinance No. 7231-04;
WHEREAS, the Pinellas County Board of County Commissioners approved the CRA Plan
adopted by Ordinance No. 7231-04 on December 16, 2003; and
WHEREAS, the City Commission approved the creation of a Redevelopment Trust Fund for
the expanded CRA by adopting Ordinance No. 7214-03; and
WHEREAS, the Pinellas County Board of County Commissioners approved the creation of
a Redevelopment Trust Fund for the expanded CRA adopted by Ordinance No. 7214-03 on
February 3, 2004; and
WHEREAS, the Countywide Planning Authority approved the updated and amended 2003
Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on
February 3, 2004; and
WHEREAS, the effective date of the Clearwater Downtown Redevelopment Plan adopted
by Ordinance No. 7231-03 is February 3,2004; and
Ordinance No. 7367-05
WHEREAS, the City Commission amended the updated 2003 Clearwater Downtown
Redevelopment Plan on November 4, 2004 by adopting Ordinance No. 7343-04; and
WHEREAS, the requirements of Florida Statutes Section 163.360 regarding the adoption of
community redevelopment plans have been met regarding that portion of the amendments
proposed hereby which affect the Downtown Community Redevelopment Area, and the
requirements of Florida Statutes Section 163.346 regarding notice to taxing authorities and other
required notice, as well as all other requirements of Florida Statutes Chapter 163, have been met;
and
WHEREAS, it is advisable to revise certain provisions to the Plan regarding the Fort
Harrison Streetscape Project and costs associated with that project, as well as a minor editorial
changes; and
WHEREAS, the proposed amendments were reviewed by the Community Development
Board, which is the land planning agency for the City of Clearwater for purposes of the Local
Government Comprehensive Planning and Land Development Regulation Act, and the Community
Development Board found the proposed amendments to be consistent with the Comprehensive
Plan of the City of Clearwater; and
WHEREAS, the Community Redevelopment Agency has reviewed the proposed
amendments and recommends them to the City Commission, and the amended Plan shall serve as
the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City
of Clearwater; and
WHEREAS, the proposed amendments conforms to the general plan of the City of
Clearwater as a whole; and
WHEREAS, the proposed amendments will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the rehabilitation or redevelopment of the Plan area by
private enterprise; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 4 to the Clearwater Downtown Redevelopment Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. The City Manager or designee shall forward said amendments to any agency
required by law or rule to review or approve same.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval by the Pinellas County Board of County Commissioners and the Countywide Planning
Authority.
PASSED ON FIRST READING
Ordinance No. 7367-05 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7367-05 3
EXHIBIT A
Ordinance No. 7367-05
AMENDMENT 1 - CHAPTER 1 INTRODUCTION
Amend the Purpose of this Plan section on page seven asfollows:
*****
In 1995, the City Commission approved a major revision to the Clearwater Downtown
Redevelopment Plan. While retaining the original boundaries of the earlier Downtown
plan, the Plan significantly expanded the policies for Downtown. The 1995 Plan
established five overall goals for Downtown which have been retained in major part in
this new plan. The 1995 Plan established a land use plan map for the Downtown defining
residential, commercial, office, mixed use, public/governmental, religious, and open
space/recreational land uses. The Plan also established development potential defining
commercial intensity and residential density by sub-area for the Downtown. A major
portion of the 1995 Plan was devoted to redevelopment projects with implementation to
be accomplished by either the public or private sector. Some of the public sector projects
are now under construction including the new Main Library and the ~Prospect Lake
Park" (to be renamed at a later date) for stormwater management.
*****
AMENDMENT 2 - CHAPTER 3 LAND USEffiEDEVELOPMENT PLAN
DOWNTOWN CHARACTER DISTRICTS SECTION
Amend Policy 9 of the Old Bay character district section on page 59 as follows:
*****
Policy 9: Mixed-use development that has office and retail uses on the first floor and
residential uses above are encouraged along North Fort Harrison Avenue
Avenue.
* * * * *
1
Exhibit A Ordinance No. 7367-05
AMENDMENT 3 - CHAPTER 3 LAND USEIREDEVELOPMENT PLAN
MASTER STREETSCAPE AND W A YFINDING PLAN SECTION
Amend the maps on pages 94 and 95 to extend the Downtown Corridor designation for
North Fort Harrison Avenue from Drew Street to Nicholson Street as follows:
a) Map on page 94
*****
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... CITY OF CLEARWATER
(URRWmu STREET CLASS1F1CA TIONS &
CHARACTER DISTRICTS
*****
2
Exhibit A Ordinance No. 7367-05
b) Map on page 95
*****
... CITY OF CLEARWATER
(U;AIl\V~ DOWNTOWN CORRIDOR .
_..._II_~"","""","''''''''oIIll_'''''''''_ n.o_..."""""
"'~""","''''''to'''~,,
EXISTING CONDITIONS
*****
3
Exhibit A Ordinance No. 7367-05
AMENDMENT 4 - CHAPTER 4 PLAN IMPLEMENTATION CAPITAL
IMPROVEMENT (CIP) SECTION
a) Amend the first paragraph of the Capital Improvement Plan (CIP) on page 152 and
Table 8 on pages 153 through 155 to extend the Downtown Corridor designation
for North Fort Harrison Avenue from Drew Street to Nicholson Street as part of
the Fort Harrison Avenue Streetscape Project and reflect increased cost of the
project as follows:
*****
To implement the Downtown Plan, the City is committed to investing in the Downtown.
Below are a variety of significant Capital Improvement Projects, short- to long-term in
nature, addressing streetscape, road improvements, public uses, utilities and parks (Map
12, page 157). The costs of projects identified range between $158.+ million to $162.+
million.
This Capital Improvement Plan was based on several assumptions: the cost for each
capital project is based on the best estimate available during development of this plan; all
costs are shown in 2003 dollars; project scope and funding sources may vary as
determined during specific project budget and planning phase; Penny for Pinellas funding
is assumed to be extended and will be based on the City's priorities as determined at time
of extension. Revisions to the Downtown Capital Improvement Plan may be made by the
City Commission during their annual budget process and all changes shall be reflected in
the City's adopted Annual Operating and Capital Improvement Budget. All changes
shall be consistent with the goals, objectives and policies of this Plan.
e eve opmen rO.lec s
Cleveland Street 2004 - 2006 Between Osceola Penny for $3.7M
Streetscape and Myrtle Pinellas, TIF and
Avenues Private
Intersection 2004/2005 Based on traffic Gas Tax and $IM
Improvements study after bridge Transportation
opens Impact Fees
Myrtle Avenue 2004/2005 Myrtle A venue Stormwater $12M
Reconstruction between North Fort Utility $lM
and Streetscape Harrison A venue & TIF
Lakeview Road
(including
stormwater outfall
from Town Lake to
Clearwater Harbor)
Station Square 2005/2006 The north side of Private and TIF $IM
Park Cleveland Street
Redevelopment between East &
Garden Avenues
Table 8
R d I t P . t /CIP
4
Exhibit A Ordinance No. 7367-05
Clearwater Beach 2004/2005 Turner Street to Pinellas County, $1.2M
Connector Spur Oak A venue to Penny for (includes
(Pinellas Trail) beach (2,000 feet Pinellas, entire
within Downtown) CMAQ**** project)
Gulf to Bay 2004 - 2006 Gulf to Bay FDOT (for $l.5M
Boulevard and Boulevard & paving only), TIF
Highland Avenue Highland Avenue and CDBG,
Gateway Intersection Penny for
Intersection Pinellas
Improvement
Fort Harrison 2004 - 2006 Drew Nicholson Private, Pinellas $31.7M
Avenue Street to County, Grants
Streetscape Court/Chestnut and TIF
Streets
Glen Oaks Park 2004/2005 Immediately south Stormwater $4.3M
Stormwater of the Downtown Utility,
Retention Facility area at the SWFWMD
intersection of
Court Street &
Betty Lane
Memorial 2004 - 2006 Chestnut Street to FDOT, Grant and $500,000
Causeway Bridge the east end of the Special
Landscaping Memorial Development
Causeway Bridge Fund
Cleveland Street 2005 Between Fredrica FDOT $870,000
and Gulf to Bay & Highland
Boulevard Avenues
Repaving
Cleveland Street 2005 Between Island FDOT $960,000
& Memorial Way & Fort
Causeway Harrison Avenue
Repaving
Main Fire Station 2005/2006 Originally planned Penny for $4.6M
to rebuild on Pinellas
existing site.
Currently
reviewing available
property on the S.
Fort Harrison
A venue corridor
between Court
Street & Lakeview
Road
5
Exhibit A Ordinance No. 7367-05
Osceola Avenue 2005 - 2007 East side of North Parking fund, $5.5 -7.5M
Parking Garage Osceola Avenue Private, TIF and
(app. 375 - 500 between Drew & Bonds
spaces)***** Cleveland Streets
Redevelopment 2005 - 2010 To be determined Parking fund, $5.5 -7.5M
Garage (app. 375 based on location Private, TIF and
- 500 spaces) of major Bonds
***** entertainment
and/or
restaurant/retail
uses
Reuse of Existing 200612007 Current site of Penny for TBD
Main Fire Station Downtown Main Pinellas, TIF and
Fire Station Grant
Coachman Park 2005 - 2008 Coachman Park - Park portion: $14.5M
Redevelopment expanded to General Fund,
($7.5M) and 450 include the existing Private, Penny
space Garage park site and the for Pinellas and
($7M) area on the south TIF
side of Cleveland
Street Garage portion:
Private, Parking
System and TIF
Downtown Marina 200612007 Coachman Park on Revenue Bond, $5M
the north and south Private and TIF
sides of the bridge
Pinellas Trail and 200612007 East Avenue Grants and Penny $3M
East Avenue between Drew for Pinellas
widening Street & Druid
Road
New City Hall and 200612007 Vacant site to the Sale revenue $13.5M
associated parking south of the MSB from existing site
along Pierce Street and Bonds
between South
Myrtle & East
Avenues
Osceola Avenue 2005 - 2010 Osceola between Private, Pinellas $3M
Streetscape Drew & Court County and TIF
Cleveland Street 2007 - 2015 Between Highland TIF, Private and $8.6M
and Gulf to Bay & Myrtle Avenues CDBG
Boulevard
Streetscape
Commercial 2010+ Per Master TIF, Bond, $5M
Streets "A" and Streetscape Plan Private and
"B" Penny for
Pinellas
6
Exhibit A Ordinance No. 7367-05
Court/Chestnut 2010+ Per Master TIF, Private $5M
Beach Corridors Streetscape Plan Bond and Penny
Streetscape (from bridge to SR for Pinellas
60 & Highland
Avenue
intersection
Beach to Bluff 2010+ Along the Federal Grant, $40M
Guideway Memorial Bridge Private, FDOT,
between the Federal Transit
Downtown and the Authority
Marina area of the
Beach
New PSTA Multi- 2010+ Existing PST A Site PSTA, Penny for $3M, City
modal at the SW comer of Pinellas, Pinellas Share
transportation Pierce Street and County, Parking
center Garden Avenue Fund, TIF
* Community Development Block Grant;
** Tax Increment Financing;
*** Florida Department of Transportation;
****Congestion Mitigation and Air Quality Improvement.
***** The specific size of the two garages will be determined at the time of project planning
based on redevelopment activity and intensities; the sizes of the two garages may vary
from the sizes stated to accommodate the parking demand up to a maximum of $15
million combined cost for the two garages.
7
Exhibit A Ordinance No. 7367-05
b) Amend Table 9 on page 156 to reflect the increased cost of extending the
Downtown Corridor designation for North Fort Harrison Avenue from Drew Street
to Nicholson Street as part of the Fort Harrison Avenue Streetscape Project as
follows:
e eve opmen rO.1ec s rran2e )y .ype 0 rO.1ec
Proiect Name FY Cost
Street Repavin2/Resurfacine; (total $24.43 M)
Fort Harrison Avenue/Alt. U.S. Highway 19 Resurfacing (FDOT) * 2003/2004 $8.6M
Myrtle Avenue Reconstruction * and Streetscape 2005 $ 13M
Cleveland Street and Gulf to Bay Boulevard Repaving (FDOT) * 2005 $870,000
Cleveland Street & Memorial Causeway Repaving (FDOT) * 2005 $960,000
Intersection Improvements* 2004/2005 $IM
Utilities and Infrastructure (total $16. 184M - $20.184 M)
Osceola Avenue Parking Garage (375 - 500 spaces) 2005 - 2007 $5.5 - $7.5M
Redevelopment Garage (375 - 500 spaces) 2005 - 2010 $5.5 - $7.5M
Pump Station #16* 2003/2004 $698,500
Pump Station #12* 2003/2004 $186,000
Glen Oaks Park Stormwater Retention Facility* 2004/2005 $4.3M
Streets cape Improvements/Landscapin2 (total $321. 75 M **)
Wayfinding Sign Package 2003/2004 $750,000
Gulf to Bay Boulevard and Highland A venue Gateway Intersection 2004 - 2006 $1.5M
Improvement
Fort Harrison Avenue Streetscape 2004 - 2006 $4J.7M
Memorial Causeway Bridge Landscaping 2004 - 2006 $500,000
Cleveland Street Streetscape Funding available upon approval of revised 2004 - 2006 $3.7M
Penny for Pinellas list durin~ FY 03/04 Bud~et approval process
Osceola Avenue Streetscape 2005 - 2010 $3M
Cleveland Street and Gulf to Bay Boulevard Streetscape 2007 - 2015 $8.6M
Commercial Streets "A" and "B"* 2010+ $5**
Court/Chestnut Streets Beach Corridors Streetscape* 2010+ $5**
Parks and Recreation Facilities (total $24. 7 M)
Clearwater Beach Connector Spur (Pinellas Trail)* 2004/2005 $1.2M
(includes
entire project)
Coachman Park Redevelopment ($7.5M) and 450 space Garage ($7M) 2005-2008 $14.5M
Downtown Marina 2006/2007 $5M
Station Square Park Redevelopment 2005/2006 $IM
Pinellas Trail and East A venue widening 2006/2007 $3M
Public Uses (total $61.1 M**)
New City Hall and Associated Parking 2006/2007 $13.5M
Main Fire Station* 2005/2006 $4.6M
Reuse of Existing Main Fire Station 2006/2007 TBD**
Beach to Bluff Guideway 2010+ $40M
R d I
Table 9
t P . t /CIP A
db T
fP . t
8
Exhibit A Ordinance No. 7367-05
New PSTA Multi-modal trans
FY
2010+
Cost
$3M
*****
c) Amend the map on page 157 to extend streetscape improvements and landscaping
for North Fort Harrison Avenue from Drew Street to Nicholson Street as part of
the Fort Harrison Streetscape Project as follows:
*****
Legend
Perb 8IKI ReaedGn
----
-1!Da'J1APt~
- .........--
-""'....-_-
---
---
(ClUt...ClrteIIUSt)
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.==~
CD--
. -""'-
G---
, @ =-:n...:::
CFP =:"..=.-
; . =:::.:::--
. &I '&"...".;::;"
*****
S:\Planning DepartmentIDOWNTOWN PLAN UPDATE\3rd Amendment to Downtown Plan\3rd Amendment to Downtown Plan
Exhibit A Ord. 7367-05 ON FIRST READING. doc
9
Exhibit A Ordinance No. 7367-05
'CDB Meeting Date:
Case Number:
Ord. No.:
Agenda Item:
December 14.2004
TA2004-12002
7367-05
F4
CITY OF CLEARWATER
PLANNING DEPARTMENT
CLEARWATER DOWNTOWN REDEVELOPMENT PLAN
AMENDMENTS
REQUEST:
Amendments to the Clearwater Downtown Redevelopment Plan
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
An amendment to the Clearwater Downtown Redevelopment Plan (hereafter referred to
as the Plan) was recently approved by the City Council on November 4,2004 that made
certain editorial changes and clarifications to the Plan and added the Design Guidelines.
The Planning Department had intended for the changes proposed in this ordinance to be
included with the most recent amendment approved by the City Council on November 4,
2004. Unfortunately, these additional changes could not be included due to advertising
deadlines.
Proposed Ordinance No. 7367-05 amends the Plan by making minor editorial changes
and extending the scope of the Fort Harrison Streetscape Project from Drew Street to
Nicholson Street and to reflect that extension within the cost estimates for the project.
The Community Development Board is reviewing the proposed amendments in its
capacity as the Local Planning Agency (LPA) and is requested to make a
recommendation regarding the amendments to the City Council. The Community
Redevelopment Authority (CRA) is requested to make a recommendation to the City
Council regarding the amendments to the Plan. Once the City Council approves these
amendments, they will be submitted to the Board of County Commissioners (BCe) for
approval as amendments to the Redevelopment Plan. They will also be submitted to the
Pinellas Planning Council (PPe) and the Countywide Planning Authority (CPA) for
approval as amendments to the Special Area Plan governing Downtown.
Staff Report - Community Development Board - December 14, 2004 - Downtown Plan Amendments Page
1
ANALYSIS:
A total of four amendments are proposed to the Plan and are contained in Exhibit A
attached to Ordinance No. 7367-05. These amendments make minor editorial changes in
Chapters 1 and 3, extend the scope of the Fort Harrison Streetscape Project from Drew
Street to Nicholson Street and reflect that extension within the cost estimates for the
project. Below is a summary of each amendment.
1. Amendment 1 - Revise the sixth paragraph of the Purpose of This Plan section in
Chapter 1 Introduction (Page one of Exhibit A of proposed ordinance and page seven
of the Plan).
The second amendment to the Plan, approved by the City Council on November 4,
2004, changed the name of the stormwater facility within the Downtown Plan area
from "Town Lake" to "Prospect Lake Park" throughout the Plan. This proposed
amendment deletes unnecessary language referencing the fact that the name of the
facility will be decided at a later date. This proposed amendment makes a minor
editorial correction and does not change the content of the paragraph or the purpose
of the Plan.
2. Amendment 2 - Amend Policy 9 of the Old Bay character district section (Page one
of Exhibit A of proposed ordinance and page 59 of the Plan.)
Amendment 2 corrects a typographical error on page 59 of the Plan by deleting the
word "Avenue" as it appears twice in a row.
3. Amendment 3 - Amend the streetscape maps on pages 94 and 95 (Pages two through
three of Exhibit A of proposed ordinance and page 94 and 95 of the Plan).
This amendment will extend the Downtown Corridor designation for North Fort
Harrison Avenue from Drew Street north to Nicholson Street. This extension will
result in a logical extension of the Master Streetscaping and Wayfinding Plan through
the Old Bay Character District along North Fort Harrison Avenue and provide a
visual continuity throughout the Downtown Plan area.
4. Amendment 4 - Amend the first paragraph of the Capital Improvement Plan (CIP) on
page 152 and Table 8 on pages 153 through 155. Table 9 on page 156 and the
Capital Improvements Plan map on page 157 (Pages four through nine of Exhibit A
of proposed ordinance and pages 152 through 157 of the Plan).
Amendment four collectively modifies the introduction of the Capital Improvements
Projects (CIP) section, Tables 8 and 9 and Map 12, to reflect modifications to the
Master Streetscape Plan proposed in Amendment 2. which extends the Downtown
Corridor designation for North Fort Harrison Avenue from Drew Street to Nicholson
Street as part of the Fort Harrison Avenue Streetscape Project and reflects the
increased cost of the project.
Staff Report - Community Development Board - December 14, 2004 - Downtown Plan Amendments Page
2
CONSISTENCY WITH COMPREHENSIVE PLAN
Please find below a selected list of goals, objectives and policies from the Clearwater
Comprehensive Plan that is furthered by the proposed amendments to the Clearwater
Downtown Redevelopment Plan.
· Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and encourage
infill development.
. Objective 2.1 - The redevelopment of blighted areas shall be a high priority and
promoted through the implementation of redevelopment plans and projects and
continued emphasis on property maintenance standards.
. Policy 2.1.8 - The City shall continue to support and implement approved community
redevelopment area plans, such as the Downtown Redevelopment Plan adopted in
1995.
· Policy 2.5.3 - All proposed development/redevelopment initiatives shall be reviewed
for opportunities to improve pedestrian and bicycle access.
· Goal 4 - The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
The amendments proposed to the Plan are consistent with the Clearwater Comprehensive
Plan as evidenced by the numerous goals, objectives and policies identified above. The
amendments support the existing Goals, Objectives and Policies of the Plan and the
Community Development Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Clearwater Downtown Redevelopment Plan are
consistent with the Comprehensive Plan. Proposed Ordinance No. 7367-05 makes minor
editorial changes and expands the scope of the Fort Harrison Streetscape Project as part
of the Master Streetscape and Wayfinding Plan and provides for additional cost estimates
for that expanded scope.
Based on the above analysis, the Planning Department recommends of the following
action on the request:
Recommend APPROVAL of Ordinance No. 7367-05 which amends the Clearwater
Downtown Redevelopment Plan.
Staff Report - Community Development Board - December 14, 2004 - Downtown Plan Amendments Page
3
Prepared by Planning Department Staff:
Mark T. Parry, Planner III
ATTACHMENTS:
Ordinance No. 7367-05
Exhibit A of Ordinance No 7367-05
S: IPlanning DepartmentIDOWNTOWN PLAN UPDATE\3rd Amendment to Downtown Plan 13rd Amendment to Downtown Plan -
Staff Report CDB.doc
Staff Report - Community Development Board - December 14, 2004 - Downtown Plan Amendments Page
4
Er'l6 \ \
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City Council
."."".w,,,,,,,,,_~.~.nda ~.~!,.!r Me!"ora nd u 11'!.".",.,,.._,~,.
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Trackinq Number: 1,099
Actual Date: 01/20/2005
Subiect / Recommendation:
Continue until a date uncertain the applicant's request to vacate the north one-half of Dempsey
Street (A.K.A. 721 Lakeview Road, VAC 2004-16).
Summary:
This vacation was originally scheduled for the 10/21/04 Council meeting, however staff
requested it be continued to the 12/2 meeting in order to allow for the project to go through the
Development Review Committee (DRC) process first.
A DRC review was held on 11/2/04 which resulted in project requirements which impacted the
vacation request and necessitated a subsequent DRC review. The next DRC submittal deadline
was missed and the project is now scheduled for DRC review on 1/27/05 and a Community
Development Board (CDB) review on 3/15/05. The request has also been changed from
vacating 30 feet of right-of-way to vacating 26 feet of right-of-way.
Given the history of this project, continuance to a date uncertain is recommended until such
time as it is certain the project will receive applicable DCR and CDB approvals.
Originating: Engineering
Section Administrative public hearings
Cateqorv: Other
Public Hearinq: No
Financial Information:
~ Other
Review Aooroval
Michael Ouillen
01-13-2005 11:45:34
Bill Horne
01-14-2005 10:04:02
Cvndie Goudeau
01-14-2005 10:20: 12
Garry Brumback
01-14-2005 09:32:03
p Lb.. 7
C\ .'~
City Council
Cover Memorandum
Trackino Number: 1,072
Actual Date: 01/20/2005
Subiect / Recommendation:
Approve a development agreement between CBR Development I, LLC and CBR Development II,
LLC and the City of Clearwater and approve Resolution No. 05-04.
Summary:
The subject site is 9.77 total acres (hotel site 7.36 acres [3.69 acres zoned T District; 3.67 acres
zoned OS/R District]; residential/retail site 2.41 acres). The subject site is located on the west
side of Mandalay Avenue between San Marco and Ambler Streets (470, 484 and 500 Mandalay
Avenue and 470, 489, 490 and 495 Beach Drive). The Community Development Board, at their
meeting on December 14, 2004, recommended approval of the development agreement. See
attached memorandum for additional information.
Originatinq: Planning
Section Administrative public hearings
Cateoorv: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearino: Yes
Advertised Dates: 01/20/2005
Financial Information:
Review ADDroval
Gina Clavton
Pam Akin
12-30-2004 11:44:40
01-14-2005 10:22:55
01-03-2005 10:38:36
01-14-2005 09:33:44
01-03-2005 14:25:52
01-14-2005 10:03:06
Cvndie Goudeau
Gina Clavton
Garrv Brumback
Bill Horne
RESOLUTION 05-04
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND CBR
DEVELOPMENT I, LLC AND CBR DEVELOPMENT II,
LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with CBR Development I, LLC and CBR Development II, LLC; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
CBR Development I, LLC and CBR Development II, LLC, a copy of which is attached as
Exhibit "A" is hereby approved.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 05-04
LL
o
>-
>-
u
Interoffice Correspondence Sheet
TO:
BILL HORNE, CITY MANAGER
FROM:
CYNDI TARAPANI, PLANNING DIRECTOR
RE:
CBR DEVELOPMENT I, LLC AND CBR DEVELOPMENT II, LLC
PROPOSED DEVELOPMENT AGREEMENT
DATE:
DECEMBER 30, 2004
CBR Development I, LLC and CBR Development II, LLC is proposing to redevelop the property
located generally at 470, 484 and 500 Mandalay Avenue and 470,489,490 and 495 Beach Drive
for mixed use (260 overnight accommodation units at 72.22 rooms/acre on hotel portion of site
and a height of 100 feet, 120 attached dwellings at 50 units/acre on residential/retail portion of
site and a height of 150 feet and 11,000 square feet of retail sales and services at a FAR of 0.105
on residential/retail portion of site). The Community Development Board (CDB), at their
meeting on December 14, 2004, approved the Flexible Development application (FLD2004-
09068/PLT2004-00016/SGN2004-09020) and voted to recommend to the City Council approval
of the Development Agreement and vacation of right-of-way of Beach Drive (North Gulfview
Boulevard) between San Marco and Baymont Streets.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, ensure the provision of adequate public
facilities for development, encourage the efficient use of resources, and reduce the economic cost
of development. The Development Agreement sets forth the following main provisions:
1. The hotel portion of the project will consist of a minimum of 240 and a maximum of 260
rooms. The proposal includes the allocation from the Beach by Design density pool of 141
rooms/units (Section 3.01.3). Any unused density pool rooms/units for the hotel will be
returned to the City's density pool as described in Beach by Design. (Note: The Flexible
Development application approved 253 overnight accommodation units.) Length of
stay/occupancy of the hotel rooms will not exceed 30 days (Section 2.03.4).
2. The residential portion of the project will consist of no more than 120 dwelling units (Section
2.03.1). (Note: The Flexible Development application approved 119 attached dwellings.)
3. The commercial/retail portion of the project will consist of a maximum of 11,000 square feet
of floor area (including no more than 3,000 square feet of restaurant floor area) (Section
2.03.1). (Note: The Flexible Development application approved 11,000 square feet of retail
sales and services.)
4. The provision of a Beach Club of 300 memberships, including a maximum of 160 outside
memberships (Section 2.03.1).
5. The provision of a minimum of 431 parking spaces (Section 2.03.1).
6. The developer will make certain improvements, at their expense, to Mandalay Avenue and
Baymont, Ambler and San Marco Streets, including the relocation of overhead utilities to
underground (Section 5.03 and Exhibits H, I, J and K).
7. The developer will convey to the City the area on the westernmost portion ofthe hotel parcel,
which is part of the beach. This conveyance is as additional consideration for the allocation
of the hotel units from the density pool under Beach by Design. The City will have the
exclusive right to grant concessions on this "beach property" (Section 5.03.8).
8. The developer owns a portion of the hotel parcel between the area to be developed with the
resort hotel and the "beach property" referred to the "upland property." The general public
will have continued rights to use this area. The developer may operate concessions related to
the use of the beach, including the sale, rental or use of equipment, products and services
common to the beach, except jet-ski or para-sail operations (Section 5.03.8).
9. The City agrees to allow the construction of a maximum of 57 boat slips on City-owned
property east of the hotel parcel and north of the Belle Harbor project. The developer will
construct and maintain the boat slips at their expense. The City will control 19 of the slips,
while the developer will have the ability to lease 38 slips to owners, tenants and guests of the
project (Section 5.03.10 and Exhibit N). The processing of a Flexible Development
application for the commercial dock to the Community Development Board is required.
10. Prior to the issuance of the final Certificate of Occupancy, the developer will implement a
transportation system management plan, including guest shuttles to the airport and activities,
employee shuttles and other measures to minimize vehicular trips associated with the hotel
(Section 2.03.5.c and Exhibit E).
11. Prior to the issuance of the final Certificate of Occupancy, the developer will submit a
hurricane evacuation plan to the City, establishing the practices and procedures to be
implemented leading to the evacuation of the hotel in the event of the declaration of a
hurricane watch (Section 2.03.5.d and Exhibit F).
12. The Development Agreement expires ten years following the effective date (Section
18.18.1 ).
13. Commencement of construction of the Hotel Phase of the project is to occur within one year
of the approval of this Development Agreement (except that the time period is tolled during
the review period of building permits) or a maximum of two years from the date this
Development Agreement is approved. The Residential Tower Phase of the project will
commence construction on or before the Hotel commencement deadline. The
Residential/Retail Tower Phase of the project will commence construction within two years
of the after the Hotel commencement deadline.
All relevant city departments including Economic Development, Finance, Planning, Public
Works and Legal have reviewed this project in great detail and based on their concurrence, the
Planning Department recommends approval of this development agreement as prepared and
presented to the City Council. Thank you.
cc: Garry Brumback, Assistant City Manager
Pam Akin, City Attorney
Mahshid Arasteh, Public Works Administrator
Geraldine Campos, Interim Economic Development Director
Margie Simmons, Finance Director
S:IPlanning DepanmentlC D BlFLEX (FW)\Pending cases I Up for the next CDBIMandalay 500 Sand pearl Reson Development Agreement (7)
1.20.05 CC - WWlMemo to Bill Hornefor 1.20.05 CC 12.30.04.doc
DEVELOPMENT AGREEMENT FOR
PROPERTY
IN THE
CITY OF CLEARWATER
between
THE CITY OF CLEARWATER, FLORIDA
and
CBR DEVELOPMENT I, LLC AND
CBR DEVELOPMENT II, LLC
Dated as of
, 2004
KS '. PLD"-
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TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS......................................................................................................... 2
Section 1.01 Definitions ....................................................... ....... ....... .............................. 2
Section 1.02 Use of Words and Phrases......................................................................... 4
Section 1.03 Florida Statutes........................................................................................... 4
ARTICLE 2. PURPOSEAND DESCRIPTION OF PROJECT..................................................... 4
Section 2.01 Finding of Public Purpose and Benefit ....................................................... 4
Section 2.02 Purpose of Agreement................. ................. .......................... .................... 4
Section 2.03 Scope of the Project....................... ............................................................. 4
Section 2.04 Cooperation of the Parties .......................................................................... 6
ARTICLE 3. REGULATORY PROCESS.................................................................................... 6
Section 3.01 Land Development Regulations.................................................. ................ 6
Section 3.02 Development Approvals and Permits ......................................................... 7
Section 3.03 Concurrency................................................................................................ 8
ARTICLE 4. PLANS AND SPECIFICATIONS ............................................................................ 8
Section 4.01 Plans and Specifications............................................................................. 8
ARTICLE 5. PROJ ECT DEVELOPMENT.................................................................... ............... 9
Section 5.01 Ownership of Project Site............................................................ ............... 9
Section 5.02 Project Site.................................................................................................. 9
Section 5.03 Obligations of the City ................................................................................. 9
Section 5.04 Obligations of the Developer .................................................................... 11
ARTICLE 6. PROJECT FINANCiNG.............. .......................................................................... 12
Section 6.01 Notice of Project Financing to City............................................................ 12
Section 6.02 Copy of Default Notice to City................................................................... 12
Section 6.03 I ntentionally Omitted ................................................................................. 12
Section 6.04 Assignment of Rights Under Agreement to Project Lender ..................... 13
Section 6.05 Notice to Project Lender ........................................................................... 13
Section 6.06 Consent of Project Lender ........................................................................ 13
Section 6.07 Estoppel Certificates................................................................................. 13
Section 6.08 Cooperation............................................................................................... 13
Section 6.09 Reinstatement by Project Lender ............................................................. 13
Section 6.10 New Agreement.. ......................... ............................................................. 13
Section 6.11 Transfer of New Agreement...................................................................... 14
Section 6.12 Survival. ...... ............................................................................................... 14
Development Agreement
Pageii
C:\DOCUME-l\MONA-1.KAU\LOCALS-1\Temp\FYfiOOI701XOID005V.doC
ARTICLE 7. CONSTRUCTION OF PROJECT ........................................................................ 14
Section 7.01 Project Site........................................ ........................................................ 14
Section 7.02 Construction of the Project ..................................................................... 14
Section 7.03 City not in Privity........................................................................................ 17
Section 7.04 Construction Sequencing and Staging Area ............................................ 17
ARTICLE 8. INDEMNIFiCATION.............................................................................................. 17
Section 8.01 Indemnification by the Developer ............................................................. 17
Section 8.02 Indemnification by the City................. ....................................................... 18
Section 8.03 Limitation of Indemnification ..................................................................... 18
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER................................................................................................ 19
Section 9.01 Representations and Warranties .............................................................. 19
Section 9.02 Covenants................................................................................................. 20
ARTICLE 1 o. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CITY .............................................................................................................. 21
Section 10.01 Representations and Warranties .............................................................. 21
Section 10.02 Covenants .................................................. ..... ..... ..... ................................ 22
ARTICLE 11. CONDITIONS PRECEDENT ................................................................................ 23
Section 11.01 The Developer Acquiring Project Site....................................................... 23
Section 11.02 Construction of Project.............................................................................. 23
Section 11.03 Responsibilities of the Parties for Conditions Precedent ......................... 23
ARTICLE 12. DEFAULT; TERMINATION........................ .............................................. ........... 24
Section 12.01 Project Default by the Developer .............................................................. 24
Section 12.02 Default by the City ..................................................................................... 25
Section 12.03 Obligations, Rights and Remedies Cumulative ........................................ 26
Section 12.04 Non-Action on Failure to Observe Provisions of this
Agreement................................................................................................. 26
Section 12.05 Termination Prior to Commencement of Project...................................... 27
Section 12.06 Termination Certificate.............................................................................. 28
ARTICLE 13. RIGHT TO CONTEST..................................................................... .............. ...... 28
Section 13.01 Right to Contest ........................................................................................ 28
Section 13.02 Conditions................................................................................................. 28
Development Agreement
Page iii
C:\DOCUME-l\MONA-l.KAU\LOCALS-l\Temp\FY~001701XOlDOO5Y.doc
ARTICLE 14. ARBITRATION.................................................................................................... 29
Section 14.01 Agreement to Arbitrate ......................................................... ..................... 29
Section 14.02 Appointment of Arbitrators ...................0.................................................... 29
Section 14.03 General Procedures.............. .................................................................... 30
Section 14.04 Majority Rule........................................ 0......................0............................. 30
Section 14.05 Replacement of Arbitrator......................................................................... 30
Section 14.06 Decision of Arbitrators.. ............................................................................. 31
Section 14.07 Expense of Arbitration............ ................................................................... 31
Section 14.08 Accelerated Arbitration.............................................................................. 31
Section 14.09 Applicable Law.......................................................................................... 32
Section 14.10 Arbitration Proceedings and Records....................................................... 32
ARTICLE 15. UNAVOIDABLE DELA V..................................................................................... 32
Section 15.01 Unavoidable Delay.................................................................................... 32
ARTICLE 16. RESTRICTIONS ON USE .............................................................. .................... 33
Section 16.01 Project....................................................................................................... 33
ARTICLE 17. FIRE OR OTHER CASUAL TV; CONDEMNATION ........................................... 33
Section 17.01 Loss or Damage to Project ....................................................................... 33
Section 17.02 Partial Loss or Damage to Project............................................................ 33
Section 17.03 Project Insurance Proceeds...................................................................... 34
Section 17.04 Notice of Loss or Damage to Project........................................................ 34
Section 17.05 Condemnation of Project or Project Site; Application
of Proceeds............................................................................................... 34
ARTICLE 18. MiSCELLANEOUS................. 0....................................................... .................... 34
Section 18.01 Assignments.......................................................................... .................... 34
Section 18.02 Successors and Assigns........................................................................... 35
Section 18.03 Notices...................................................................................................... 35
Section 18.04 Applicable Law and Construction ............................................................. 36
Section 18.05 Venue; Submission to Jurisdiction............................................................ 36
Section 18.06 Estoppel Certificates................................................................................. 37
Section 18.07 Complete Agreement; Amendments ........................................................ 37
Section 18.08 Captions...................................................................... 0............................. 37
Section 18.09 Holidays....................................................................... 0............................. 37
Section 18.10 Exhibits....... .................................. ............................................................. 37
Section 18.11 No Brokers ................................................................................................ 37
Section 18.12 Not an Agent of City .................................................................................. 37
Section 18.13 Memorandum of Development Agreement............................................... 38
Section 18.14 Public Purpose .......................................................................................... 38
Section 18.15 No General Obligation .............................................................................. 38
Section 18.16 Other Requirements of State Law............................................................ 38
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Section 18.17 Technical Amendments; Survey Corrections ........................................... 38
Section 18.18 Term; Expiration; Certificate ..................................................................... 38
Section 18.19 Approvals Not Unreasonably Withheld ..................................................... 39
Section 18.20 Effective Date............................................................................................ 39
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EXHIBITS
Legal Description of Controlled Property ................. ........ ............................................................... A
Project Description.......................................................................................................................... B
Minimum Quality Standard........................................................................................................... B-1
Beach Property Description......................................................................................................... B-2
Upland Property Description........................................................................................................ B-3
Project Site................................................................................................................................. ..... C
Project Development Schedule...................................................................................................... D
Covenant Regarding Trip Generation Management Program ....................................................... E
Covenant Regarding Hurricane Watch Closure............................................................................. F
List of Required Permits & Approvals.................................................................................. ........... G
Mandalay Improvements................................................................................................................. H
Streetscape/Landscape Improvements - Mandalay Right-of-Way.......... ................................... H-1
Lift Station Improvements............................................................................................................ H-2
Lift Station Improvement Requirements...................................................................................... H-3
Baymont Improvements.................................................................................................................. ..1
Streetscape/Landscape Improvements - Baymont Right-of-Way............................................... 1-1
Ambler Improvements..................................................... .................................................................J
San Marco Improvements............................................................................................................... K
Amenity Improvements ................................................................................................................... L
Covenant of Unified Use.................................................................................................................M
Boat Slips........................................................................................................................................ N
Agreement - Boat Slips............................................................................................................... N-1
License Agreement......................................................................................................................... 0
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DEVELOPMENT AGREEMENT FOR
PROPERTY IN THE CITY OF CLEARWATER
This Development Agreement for Property in the City of Clearwater (the "Agreement") is
made as of this _ day of , 2004, by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CBR Development I,
LLC, a Florida limited liability company and CBR Development II, LLC, a Florida limited liability
company (collectively, the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community revitalization effort for
Clearwater Beach;
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary
design for the revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning
Council's Rules in support of the City's Comprehensive Plan;
WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to
reposition and re-establish Clearwater Beach as a quality, family resort community and further
provides for a limited pool of additional hotel units (Hotel Unit Pool) to be made available for such
projects;
WHEREAS, because increased residential density on barrier islands is a critical concern
under Florida law , Beach By Design limits the use of the Hotel Unit Pool to overnight
accommodations and limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the maintenance and
operation of the project of as resort hotel operating under a national or international "flag" or other
comparable marketing affiliation or program;
WHEREAS, Developer has proposed to develop a mixed use project, including a quality
resort hotel, on certain property fronting on Mandalay Boulevard (the "Project Site");
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the Project Site in accordance with the goals and objectives of Beach by
Design;
WHEREAS, the City has conducted such hearings as are required by and in accordance
with Chapter 163.3220 et sea. Fla. Stat. and applicable law;
WHEREAS, the City has determined that as of the Effective Date of this Agreement, the
proposed development is consistent with the City's Comprehensive Plan and Land Development
Regulations;
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WHEREAS, at a duly called public meeting on ,2004, the
City Council approved this Agreement, and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the members of Developer have approved this Agreement and have authorized
the undersigned individual to execute this Agreement on its behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except
as herein otherwise expressly provided:
1. "Agreement" means this Agreement for Development of Property including any Exhibits and
any amendments thereto.
2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach
dated 2001 which was adopted by the City Council pursuant to the provisions ofthe Pinellas
County Planning Council's Rules for the designation of a Community Redevelopment
District, as amended by Ordinance 7294-04.
3. "Beach Club Outside Membership" means a Beach Club member that does not own or lease
a residence within the geographic area bounded on the west by the Gulf of Mexico, on the
east by Clearwater Bay, on the north by Rockaway Street and the south by Papaya Street.
4. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
5. "City Council" means the governing body of the City.
6. "Commencement Date" means the date on which Developer commences or causes a
Contractor to commence construction of a Phase of the Project (see Section 7.02.1.a.).
7. "Completion Date" means the date on which the last certificate of occupancy required for the
Project is issued.
8. "Construction Completion" means the date a Construction Completion Certificate is issued
for a Phase of the Project (see Section 7.04).
9. "Controlled Property" means those properties within the Project Site which are owned by
Developer or subject to a purchase contract in favor of the Developer or an affiliate or
nominee on the Effective Date of this Agreement (see Section 5.01) which are more
particularly described in the legal description set out in Exhibit ~ to this Agreement.
9. "Developer" means, for the purposes of this Agreement, CBR Development I, LLC, and its
successors and assigns as provided in Article 18.
10. "Effective Date" means the date of approval and execution of this Agreement.
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11. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms
of instruments, and other documents attached hereto and designated as exhibits to, and
incorporated in and made a part of, this Agreement.
12. "Hotel Phase" of development means the portion of the Project as depicted on Exhibit C,
including the quality resort hotel containing a minimum of two hundred forty (240) rooms
which may be undertaken, but shall not be required to be completed before other portions of
the Project are commenced.
13. "Hotel Unit Pool" means that hotel unity density pool created by the City pursuant to Beach
By Design.
14. "Meeting Space" means any building floor area which can be used in conjunction with
conference or meeting activities.
15. "Permits" means all land development approvals and consents required to be granted,
awarded, issued, or given by any governmental authority in order for construction of the
Project, or any part thereof, to commence, continue or be completed.
16. "Plans and Specifications" means, as to each part of the Project to be developed, the site
plan for the Project to be developed, filed with the City as required by the Land Development
Regulations for the purpose of review and approval.
17. "Project" means, collectively, the development of a mixed use project including quality resort
hotel, beach club, residential condominium and commercial components (retail, restaurant,
office) proposed by the Developer as described in Section 2.03(1) of this Agreement and the
Project Description which is attached hereto as Exhibit.!;!.
18. "Project Site" means the land area generally bounded on the east by the western edge of the
right-of-way of Mandalay Boulevard, on the north by the southern boundary of Lots 2-4 of
Millers Replat (PB 26, Pg 17) on the south by the northern right-of-way of San Marco Street
and on the west by the Gulf of Mexico, which is more particularly described and depicted on
Exhibit C (see Section 5.02).
19. "Residential/Retail Phase" of development means the portion of the Project as depicted on
Exhibit C, including the four (4) story residential condominium building with retail on the
ground floor.
20. "Residential Tower Phase" of development means the portion of the Project as depicted on
Exhibit C, including the fifteen (15) story residential condominium building.
21. "Termination Date" means the date a termination certificate is issued pursuant to Article 12.
22. "Termination for Cause" means a termination which results from an uncured, material breach
of the Agreement.
23. "Unavoidable Delay" means a delay as described in Article 15 hereof.
24. "Vacation of Rights-of-Way" means the abandonment of the right-of-way of Beach Drive
(formerly N. Gulf Boulevard) between the north right-of-way of San Marco Street and the
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south right-of-way of Baymont Street by the City in favor of Developer, in order that the goals
and objectives of the Comprehensive Plan may be better accomplished.
1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the
context shall otherwise indicate, the singular shall include the plural as well as the singular
number, and the word "person" shall include corporations and associations, limited liability
corporations and partnerships, including public bodies, as well as natural persons. "Herein,"
"hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement and not solely to the particular portion thereof in which any such
word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2004), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed Project, including the acquisition
of the Controlled Property by the Developer and the design, construction, completion and
operation of the Project, and each part thereof, is hereby found by the parties hereto: (1) to
be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City
of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of
the citizens of the City, (4) to further the purposes and objectives of the City, including,
without limitation, the addition of resort hotel rooms adjacent to the beach providing for
transient occupancy pursuant to the standards established hereunder, (5) to further the
public interest on Clearwater Beach, and (6) to implement Beach by Design, including the
creation of the new quality hotel resort to be constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose ofthis Agreement is to further the implementation
of Beach by Design by providing for the development of the Project Site and the construction
of certain public improvements, all to enhance the quality of life, increase employment and
improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in
accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and
as authorized by and in accordance with the provisions of Florida law.
2.03. Scope of the Project.
1. The Project shall only include resort hotel, beach club, spa, fitness center, residential
and commercial uses (retail, restaurant and office), private parking and appropriate
accessory uses and shall be developed in substantial conformity with the Project
Description which is attached as Exhibit.l2. When all required approvals have been
granted by the appropriate authorities pursuant to applicable law, the intensity of
permitted use on the Project Site shall be:
Hotel - not less than 240 and not more than 260 units including a minimum
of 20,000 square feet of Meeting Space and other amenities as further
described on Exhibit.l2.
Residential units - not to exceed 120 units.
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Beach Club - not to exceed 160 Beach Club Outside Memberships subject
to adjustment as provided below.
Commercial/Retail - not more than 11,000 square feet of floor area, not
more than 3,000 sq. ft. of which may be restaurant.
Private parking - a minimum of 431 parking spaces are to be provided based
on the following formula:
1.5 spaces for each condominium unit
.715 spaces for each hotel unit
2.7 spaces for each 1 ,000 square feet of commercial use
1.0 spaces for each 5 Beach Club Outside Memberships
In the event the number of condominium or hotel units or the square footage
of commercial use are reduced, the parking requirements shall be reduced in
accordance with the above formula. In the event total parking spaces
provided is less than the reduced amount approved by the CDB (431
spaces), Developer shall reduce Beach Club Outside Memberships by 5
members for each space not provided and in the event total parking spaces
provided are more than the reduced amount approved by the CDB (431
spaces), Developer may increase Beach Club Outside Memberships by 5
members for each additional space provided.
2. Nothing shall preclude the Developer from developing or operating all or portions of
the Project elements using any ownership format permitted under Florida Statutes
including fee simple, condominium, timeshare or fractional ownership formats.
3. Up to twenty-five percent (25%) of the hotel units may be suites with kitchens,
including all typical kitchen equipment and amenities. In addition, partial kitchens or
mini-kitchens may be allowed.
4. The following covenants and restrictions shall be applicable to all hotel units within
the Project regardless of ownership formats utilized. Notwithstanding any other
provision of this Agreement, no occupancy in excess of thirty (30) days per stay shall
be permitted in any hotel unit which is developed as a part of the Project. In addition,
no hotel unit shall be used as a primary or permanent residence and a minimum of
200 hotel units shall be required to be available to transient hotel guests for no fewer
than 330 days in any calendar year, subject to force majeure events making such
rooms unavailable for occupancy. In order to assure the high quality resort
experience called for under this Agreement, a minimum of 200 hotel units shall be
operated by a single hotel operator who shall meet the requirements as to operating
standards set forth in Exhibit B-1 of this Agreement. Prior to the issuance of a
certificate of occupancy for the resort hotel, the Developer shall record a covenant
and restriction which is enforceable by the City, substantially in accordance with
Exhibit E, limiting the use and operation of the hotel units, implementing this
paragraph.
5. As a condition of the allocation of hotel units from the Hotel Unit Pool pursuant to the
designation of Clearwater Beach as a Community Redevelopment District pursuant
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to the Pinellas County Planning Council's Rules, the Developer shall comply with
each of the standards established in Beach by Design, including:
a. The resort hotel which is a part of the Project shall provide a full range of on
and off site amenities for the guests of the resort, including a full service
restaurant, room service, valet parking, exercise facilities, pool, and meeting
areas and access to boating, fishing and golf off-site. Off site amenities may
be provided through a concierge service.
b. The resort hotel which is a part of the Project shall be designed and operated
as a national or international "flag" or other comparable marketing affiliation
or program which will facilitate the repositioning of Clearwater Beach as a
national and international resort destination.
c. Prior to the issuance of a certificate of occupancy for the resort hotel which is
a part of the Project, the Developer shall record a covenant and restriction
which is enforceable by the City, substantially in accordance with Exhibit g,
limiting the use and operation of the resort, obligating the Developer to
develop, implement and operate at all times when the resort hotel is open, a
Trip Generation Management Program which shall include the provision of
non-private automobile access to and from the resort which shall include at
least an airport shuttle and resort-provided transportation to off-site amenities
and attractions.
d. Prior to the issuance of a building permit authorizing the construction of the
resort hotel units, the Developer shall record a covenant and restriction which
is enforceable by the City, substantially in accordance with Exhibit E, on the
use and operation of the resort, that imposes certain use restrictions on the
Hotel Phase and obligates the Developer to close and vacate all persons
(except for emergency personnel required to secure and protect the facilities)
from the resort hotel within twelve (12) hours after the issuance of a
hurricane watch which includes Clearwater Beach -by the National Hurricane
Center.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development of the Project and each component thereof is dependent upon the continued
cooperation of the City and the Developer, and each agrees that it shall act in a reasonable
manner hereunder, provide the other party with complete and updated information from time
to time, with respect to the conditions such party is responsible for satisfying hereunder and
make its good faith reasonable efforts to ensure that such cooperation is continuous, the
purposes of this Agreement are carried out to the full extent contemplated hereby and the
Project is designed, constructed, completed and operated as provided herein.
ARTICLE 3. REGULATORY PROCESS.
3.01. land Development Regulations.
1. Land Use Desianation. The Project Site is designated Resort Facilities High in the
Comprehensive Land Use Plan and zoned Tourist District in the City's Land
Development Regulations.
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2. Amendments to Land Development Reaulations. The City covenants and agrees to
cooperate with Developer to the extent permitted by law in regard to any text or map
amendment to the City's Land Development Regulations which may be necessary in
order for Developer to carry out the Project as described in Section 2.03.
3. Allocation of Hotel Unit Pool Units. Subject to the terms and conditions of this
Agreement, the City agrees to allocate and grant to Developer from the Hotel Unit
Pool an additional one hundred forty-one (141) hotel units to the Project Site in
accordance with applicable law. The allocation of additional hotel units from the
Hotel Unit Pool shall expire and be of no further force and effect unless the
Commencement Date occurs on or before the deadline hereafter set forth in Section
7.02.1.a.
4. Special Settlement Stipulation Riahts. The City recognizes that portions of the
Project Site are subject to a Final Judgment By Consent entered by the Circuit Court
of Pinellas County in City of Clearwater v. Gray, Case No. 85-4145-15 and Thacker,
et al v. City of Clearwater, Case No. 86-17457-16 (as amended, the "Consent
Decree") which increases permitted density on a portion of the property.
3.02 Development Approvals and Permits.
1. Applications for Development Approval. The Developer shall prepare and submit to
the appropriate governmental authorities, including the City, applications for approval
of all plans and specifications necessary for the Project, and shall bear all costs of
preparing such applications, applying for and obtaining such permits, including
payment of any and all applicable application, inspection, regulatory and impact fees
or charges. The City shall, to the extent possible, expedite review of all applications,
including foundation permits. A list of all permits and approvals required to
implement the provisions of this Agreement is attached as Exhibit G. The failure of
this Agreement to address a particular permit, condition, or term of restriction shall
not relieve the Developer of the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
2. Schedule. A Project Development Schedule is attached to this Agreement as Exhibit
D that identifies anticipated commencement and completion dates for each Phase
of the Project.
3. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining all necessary Permits required for the construction, completion and
opening for business of the Project. If requested by the Developer and authorized by
law, the City will join in any application for any Permit, or, alternatively, recommend to
and urge any governmental authority that such Permit or Permits be issued or
approved.
4. City Authority Preserved. The City's duties, obligations, or responsibilities under any
section of this Agreement, specifically including, but not limited to, this Section 3.02,
shall not affect the City's right, duty, obligation, authority and power to act in its
governmental or regulatory capacity in accordance with applicable laws, ordinances,
codes or other building regulations. Notwithstanding any other provision of this
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Agreement, any required permitting, licensing or other regulatory approvals by the
City shall be subject to the established procedures and substantive requirements of
the City with respect to review and permitting of a project of a similar or comparable
nature, size and scope. In no event shall the City, due to any provision of this
Agreement, be obligated to take any action concerning regulatory approvals except
through its established procedures and in accordance with applicable provisions of
law.
5. Impact Fees. The City shall use its best efforts to secure or provide any lawfully
available credits against impact fees applicable to the Project which are authorized
under existing laws and regulations for public improvements constructed and paid for
by the Developer. In the event that the City is unable to secure a credit against any
impact fees, the City shall use its best efforts, within the limits of the applicable law,
to allocate impact fees collected from the Developer to the public improvements
which are described in Exhibits H, 1. J and .!S to this Agreement or other
improvements in the immediate vicinity of the Project Site.
3.03. Concurrency.
1. Concurrency Reauired. The parties hereto recognize and acknowledge that Florida
law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J-5, Florida
Administrative Code, collectively the "Growth Management Act") imposes restrictions
on development if adequate public improvements are not available concurrently with
that development to absorb and handle the demand on public services caused by
development. The City has created and implemented a system for monitoring the
effects of development on public services within the City. The Developer recognizes
and acknowledges it must satisfy the concurrency requirements of Florida law and
the City's regulations as applied to this Project.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as of the
Effective Date of this Agreement, the Project satisfies the concurrency requirements
of Florida law. The City agrees to reserve the required capacity to serve the Project
for the Developer and to maintain such capacity for a period of three (3) years from
the Effective Date of this Agreement and that such period shall be automatically
extended for an additional three (3) years if the Developer commences construction
within the initial three (3) year period. The City recognizes and acknowledges that
the Developer will rely upon such reservation in proceeding with the Project.
3. Reauired Public Facilities. In addition to the obligations of the City and the
Developer set out in Article 5 of this Agreement, the Public Utilities Department of
the City will provide potable water service and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibilitv for Preparation of Plans and Specifications. The Developer shall be
solely responsible for and shall pay the cost of preparing, submitting and obtaining
approval of the Plans and Specifications for the Project.
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2. Use of Qualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall cause such professionals to prepare
the Plans and Specifications.
ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. The Developer is the owner or contract purchaser of certain
parcels of land (each, a "Parcel" and collectively, the "Parcels") within the Project Site which
are more particularly described in Exhibit 8. to this Agreement ("Controlled Property").
5.02. Project Site. The Project Site consists of those properties located generally in an area
which is bounded by the east by the western edge of the right-of-way of Mandalay
Boulevard, on the north by the southern boundary of Lots 2-4 of Millers Replat (PB 26, Pg
17) on the south by the northern right-of-way of San Marco Street and on the west by the
Gulf of Mexico, as more particularly described in Exhibit C.
5.03. Obligations of the City.
1. Vacation of Riahts-of-Wav. The Developer shall apply for and the City Council shall
consider the adoption of an ordinance vacating the right-of-way of Beach Drive
(formerly North Gulfview Boulevard) between San Marco Street and Baymont Street
as depicted on Exhibit C.
2. Mandalav Improvements. The Developer shall, at its expense, realign the curb on
Mandalay Avenue, construct a new sidewalk, related streetscape improvements and
landscape improvements as further described in Exhibit H (the "Manda lay
Improvements"). The City shall grant to Developer, at Developer's expense. the right
to relocate the electrical panels for the lift station at Mandalay and Baymont as
described in Exhibit H-1 (the "Lift Station Improvements").
3. Permits. The City will cooperate and coordinate with the Developerwith regard to all
permit applications, including those to state agencies, and will facilitate or expedite,
to the greatest extent possible, the permit approval process.
4. Bavmont Improvements. The Developer, at its expense, shall construct streetscape
and landscape improvements (the "Baymont Improvements"), as further described in
Exhibit 1. provided that such improvements shall not interfere with or obstruct the use
of Baymont Street for pedestrian and vehicular movement in accordance with the
provisions of Beach by Design and such improvements are consistent with the
provisions of Beach by Design and the City Charter.
5. Ambler Street Improvements. The City shall grant the Developer the authority to
construct, at the Developer's expense, landscape and streetscape improvements
within the existing Ambler Street right-of-way and building improvements and
associated pedestrian facilities within the pedestrian easement reserved to the City
in Official Records Book 2228, Page 720 of the Public Records of Pinellas County,
Florida (the "Ambler Street Improvements"), as further described on Exhibit J.
Provided however, that such improvements shall not interfere with or obstruct the
use of Ambler Street for pedestrian and vehicular movement or the use of the
pedestrian easement so as to reduce the width or clearance height of the pedestrian
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underpass from the existing as-built condition prior to commencement of the Project;
and provided that such improvements are consistent with the provisions of Beach by
Design and the City Charter.
6. San Marco Improvements. The City shall grant the Developer the authority to
construct, at its expense, the sanitary sewer line in the San Marco right-of-way ("San
Marco Improvements") as further described on the attached Exhibit.!S. Developer
shall be responsible for all costs of relocation, including the cost of restoring San
Marco.
7. Vacation of Plat. The Developer shall prepare, at its expense and submit to an
application for vacation and City shall consider the vacation of that part of the plat of
Clearwater Beach Park as recorded in Plat Book 10, Page 42 of the Public Records
of Pinellas County, Florida and other plats of record (the "Existing Plats") which
include the Project Site and replat said property as reasonably required for the
development of the Project.
8. Convevance of Beach Prooertv to City. Developer agrees to convey to City by
special warranty deed, free and clear of liens and encumbrances, the real property
described on the attached Exhibit B-2 (the "Beach Property"). City agrees to accept
the conveyance of the Beach Property as additional consideration for the allocation
of the additional hotel units from the Hotel Unit Pool and, as approved by the City
Manager, in satisfaction of the Recreation Facility Land Fees and Open Space Fees
as to the Project. Developer shall not be excused from payment of the Recreation
Facility Fees which shall be due and payable in accordance with the City ordinance
imposing such fees. The property owned by Developer between the Beach Property
and the portions of the Project site to be improved, as described on the attached
Exhibit B-3, is hereafter referred to as the "Upland Property". The general public
shall be entitled to continue to use the Upland Property as the general public is
currently using such property. Future use of the Upland Property by the general
public shall not unreasonably interfere with or disturb the use of such property by
Developer and its successors, assigns, tenants, invitees and guests. The Developer
and its successors, assigns, tenants, invitees and guests shall be entitled to use the
Beach Property in the future to the same extent and in the manner as the general
public. The City shall have the exclusive right to grant concessions as to the Beach
Property. Subject to applicable City regulations and permitting requirements, the
Developer may operate on the Upland Property concessions related to the use of the
beach and the adjacent waters by the general public and tourists visiting the beach
area, and by the Developer, its successors, assigns, tenants, invitees and guests.
Such concessions will be limited to the sale, rental or use of equipment, products
and services as is then common to the recreational and other use of the beach and
the recreational uses on, in and under the adjacent waters of the Gulf of Mexico. City
and Developer agree to impose a land use restriction on the Beach Property and
Upland Property that will prohibit use of such property for jet-ski or para-sail
operation concessions.
9. Approval of Construction Bevond CCCL and/or in V Zone. The City acknowledges
that for Developer to provide a quality beach resort, it will be necessary for
Developer to construct and operate certain improvements below the base flood
elevation and/or seaward of the Coastal Construction Control Line, such
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improvements to include pool(s), spa(s), decks, pool bathrooms, pool bar/grill,
boardwalks, landscaping and associated improvements and facilities (the "Amenity
Improvements") as further described on the attached Exhibit b. The City shall
cooperate with Developer in obtaining all necessary Permits for the Amenity
Improvements and agrees that such Amenity Improvements are necessary
requirements for a quality beach resort hotels.
10. Boat Dockina Facilities. The City owns certain real property adjoining a boat basin
immediately to the North of the Belle Harbor Condominium project ("Boat Basin").
The City agrees to jointly pursue with Developer the acquisition of a sovereignty
submerged lands lease ("SSLL") from the State of Florida that will permit
construction of boat docking facilities ("Boat Docking Facilities"). Developer agrees
to pursue, at Developer's expense, the SSLL, all required Permits for construction of
boat slips (the "Boat Slips") in the Boat Basin as conceptually depicted on the
attached Exhibit N. In the event Developer is able to obtain the SSLL and Permits for
the Boat Slips, the City and Developer shall enter into an agreement in the form
attached as Exhibit N-1 that will authorize the Developer to construct the new Boat
Slips, at Developer's sole expense, and provide for the Developer and its designated
successors and assigns to have the right to utilize sixty-seven percent (67%) of such
Boat Slips so long as the Boat Docking Facilities continues to exist. The agreement
will provide (i) for Developer to pay all maintenance and repair costs for the Boat
Slips, (ii) for use of the Boat Slips to be limited to Project owners, tenants and
guests, (iii) for Developer to provide a shuttle service to the Boat Slips from the
Project, and (iv) for the assignment of Boat Slips to be limited to Project owners.
11. Sales/Construction Offices. The City acknowledges Developer's plan to construct
sales/construction offices on a portion of the Project Site. City agrees to expedite the
review of any permit application submitted by Developer as to the sales/construction
offices.
12. Improvements Within Riaht-of-Wav. The City authorizes the Developer to make
certain Project improvements within the City rights-of-way adjoining the Project Site
as depicted on the approved site plan ("Project Improvements"). City grants to
Developer a license attached hereto as Exhibit 0, to install, maintain, repair and
replace all encroaching Project Improvements approved by the City; provided,
however, that Developer shall be solely responsible for all costs relating to the
Project Improvements and shall execute and deliver to City a maintenance
agreement in form and content reasonably acceptable to City.
13. Timelv Completion. The City recognizes the public importance of the timely
completion of the proposed Project, and time is deemed to be of the essence. The
City considers this Agreement as overall authority for the Developer to proceed to
permit, and agrees to implement a fast-track review, permitting, and inspection
program for this Project.
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5.04. Obligations of the Developer.
1. Resort Hotel Proiect. The Developer shall build and operate a no less than two
hundred forty (240) room resort hotel to be operated as a quality resort in
accordance with the Minimum Quality Standard as provided for in Exhibit B-1.
2. Responsibility for On-Site Costs. The Developer shall be responsible for all on-site
costs relative to the development of the Project, including the private parking spaces.
3. Mandalav. Bavmont. Ambler and San Marco Improvements. The Developer shall be
responsible for all design and construction costs for all Mandalay and Baymont
Improvements as provided on Exhibits Hand! and for all design and construction
costs for all Ambler and San Marco Improvements as provided on Exhibits 4 and .!S.
4. Storm Drainaae Improvement. The Developer shall design and construct storm
drainage improvements for the City in the San Marco Street right-of-way in
accordance with the approved site plan ("San Marco Drainage Improvements"). The
Developer further agrees to design and construct storm drainage improvements
north of Baymont Street within the Mandalay Avenue right-of-way and the connection
to Clearwater Bay as shown on the approved site plan ("Mandalay Drainage
Improvements"). City shall reimburse Developer for all reasonable design and
construction costs for the San Marco Drainage Improvements. Developer shall pay
all design and construction costs for the Mandalay Drainage Improvements.
5. Covenant of Unified Use. The Developer hereby agrees to execute the covenant of
unified use and development for the Controlled Property providing that the Controlled
Property shall be developed as a single project and operated and used as a unified
mixed use project, which is attached as Exhibit M; provided however, that nothing
shall preclude the Developer from selling all or a portion of the Controlled Property in
a condominium form of ownership.
6. Proiect Obliaations. The Developer agrees to carry out the redevelopment of the
Project Site by completing the purchase of all of the Controlled Property, preparing
project plans and specifications, obtaining approvals by governmental authorities
necessary for development of the Project, demolishing existing improvements,
constructing various private improvements on the Project Site and operating the
Project as a unified and integrated project. The Developer shall take all actions
necessary to maintain control of the Project Site, until certificate(s) of occupancy are
issued by the City.
ARTICLE 6. PROJECT FINANCING.
6.01. Notice of Project Financing to City. As soon as the Developer shall have obtained any
financing for any portion of the Project, the Developer shall provide the City with a sworn
statement identifying the Project Lender(s) and documenting the type of financing that the
Project Lender(s) has issued in favor of the Developer for the Project.
6.02. Copy of Default Notice to City. The Developer covenants and agrees that any Project
Financing documents shall include provisions which provide that in the event any Project
Financing shall become due and payable by maturity or acceleration, the Project Lender
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shall give written notice thereof to the City by certified mail, return receipt requested. Such
notice from the Project Lender to the City shall state the basis of the default by the
Developer and shall include copies of any pleadings in any proceeding instituted by the
Project Lender(s) incident thereto.
6.03. Intentionally Omitted.
6.04. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the
Project Lender all its right, title and interest under this Agreement as security for any
indebtedness of Developer. The execution of any assignment, security agreement, or other
instrument, or the foreclosure of the instrument or any sale under the instrument, either by
judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or
conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the
existence of any right, power, or privilege reserved in any instrument, shall not be held as a
violation of any of the terms or conditions of this Agreement, or as an assumption by the
holder of such indebtedness personally of the obligations of this Agreement. No such
assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its
liability under this Agreement.
6.05. Notice to Project Lender. If Developer shall encumber its interests under this Agreement,
and if Developer or the holder of the indebtedness secured by the assignment shall give
notice to City of the existence of the assignment and the address of the holder, then City will
mail or deliver to the Project Lender, a duplicate copy of all notices in writing which City may,
from time to time, give to or serve on Developer under and pursuant to the terms and
provisions of this Agreement. Copies shall be mailed or delivered to the holder at, or as near
as possible to, the same time the notices are given to or served on Developer. The Project
Lender may, at its option, at any time before the rights of Developer shall be terminated as
provided in this Agreement, do any act or thing that may be necessary and proper to be
done in the observance of the covenants and conditions of this Agreement or to prevent the
termination of this Agreement. All payments so made and all things so done and performed
by the Project Lender shall be as effective to prevent a forfeiture of the rights of Developer
under this Agreement as they would have been if done and performed by Developer.
6.06. Consent of Project Lender. This Agreement cannot be amended, canceled, or surrendered
by the Developer without the consent of the Project Lender.
6.07. Estoppel Certificates. The City agrees at any time and from time to time upon not less than
ten (10) days prior written request by the Developer to execute, acknowledge, and deliver to
any Project Lender a statement in writing certifying that this Agreement is unmodified and in
full force and effect (or if there have been modifications), being intended that any such
statement delivered pursuant to this Article 6 may be relied upon by the Project Lender.
6.08. Cooperation. The City and the Developer shall cooperate as to reasonable requests for
assurances any proposed Project Lender for the purpose of implementing the mortgagee
protection provisions contained in this Agreement and allowing the Project Lender
reasonable means to protect or preserve the liens of such Project Lender upon the
occurrence of a default under the terms of this Agreement.
6.09. Reinstatement by Project Lender. If this Agreement is terminated by reason of the
happening of any event of default, and after any notice and cure period provided, City shall
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give prompt notice of this right to reinstate to the Project Lender, which right to reinstate shall
be for a period of ninety (90) days. However, the Project Lender shall not have any personal
liability for performance of the Developer's obligations under this Agreement unless and until
the Project Lender acquires title to the Project Site and expressly assumes such liability.
6.10. New Agreement. City shall, on written request of a Project Lenderwhich has acquired title
to the Project Site by foreclosure or deed in lieu of foreclosure, enter into a new Agreement
with such Project Lender, or its designee, within twenty (20) days after receipt of such
request, which new agreement shall be effective as of the date of such termination of this
Agreement for the remainder of the term of this Agreement and upon the same terms,
covenants, conditions and agreements as are contained in this Agreement, provided that the
Project Lender or its designee shall:
1. Pay to City at the time of the execution and delivery of said new agreement any and all sums
which would have been due under this Agreement from the date of termination of this
Agreement (had this Agreement not been terminated) to and including the date of the
execution and delivery of said new agreement, together with all expenses, including but not
limited to, attorneys' fees (for trials and appeals) in a reasonable amount incurred by City in
connection with the termination of this Agreement and with the execution and delivery of the
new agreement, and
2. On or prior to the execution and delivery of said new agreement agree in writing that
promptly following the delivery of such new agreement, such Project Lender or its designee
will perform or cause to be performed all of the other covenants and agreements in this
Agreement on Developer's part to be performed to the extent that Developer shall have
failed to perform the same to the date of delivery of such new agreement.
6.11. Transfer of New Agreement. The Project Lender shall have the right to assign or transfer
the new agreement to any person or entity without the City's consent so long as the new
agreement is in good standing and Project Lender is current in obligations owed to the City.
Notwithstanding the foregoing, any Project Lender that is assigning the new agreement and
the estate created thereby shall provide to the City notice of assignment and shall cause to
be executed and delivered in a form reasonably acceptable to the City an assumption
agreement from the assignee pursuant to which said assignee assumes the duties,
obligations, covenants, conditions and restrictions of the new agreement. Upon such
assignment and assumption by the assignee, the assignor shall be released of all liability
under the new agreement and, upon request of the assignor, the City shall execute and
deliver to the assignor a release agreement in a form reasonably acceptable to the assignor
evidencing such release of the assignor from any liability under the new agreement.
6.12. Survival. The provisions of this Article 6 shall survive the termination of this Agreement and
shall continue in full force and effect thereafter to the same extent as if Article 6 were a
separate and independent contract made by the City, the Developer and the Project Lender.
ARTICLE 7. CONSTRUCTION OF PROJECT.
7.01. Project Site. The Developer shall be responsible for all site investigation, environmental
testing, demolition and site clearing.
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7.02. Construction of the Project.
1.
a.
Commencement. Developer shall construct the Project substantially in
accordance with the Plans and Specifications therefor. Developer shall
commence construction of the Hotel Phase of the Project on or before the
earlier of (i) one (1) year after receipt of all development approvals for the
Project, other than building permits; provided, however, that the running of
the one (1) year period shall be tolled for the period commencing on the date
of submittal by Developer for building permits for Hotel Phase and ending on
the date of issuance of the building permits for Hotel Phase, or (ii) two (2)
years after the Effective Date (such deadline being the "Hotel
Commencement Deadline"), and shall thereafter diligently pursue completion
of the Hotel Phase of the Project. Developer shall commence construction of
the Residential Tower Phase of the Project on or before the Hotel
Commencement Deadline and shall thereafter diligently pursue completion of
the Residential Tower Phase of the Project. Developer shall commence
construction of the Residential/Retail Phase of the Project within two (2)
years after the Hotel Commencement Deadline and shall thereafter diligently
pursue completion of the Residential/Retail Phase of the Project.
b. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of the
Project as authorized by the Building Permit therefor which is continued and
diligently prosecuted toward and with the active of completion of that part of
the Project. The date that Developer shall commence construction of each
Phase is the "Commencement Date" of such Phase.
c. All obligations of Developer (including deadlines in the Commencement
Date) with respect to commencement and continuation of construction shall
be subject to delays and extensions from time to time for Unavoidable Delay
(see Article 15). Developer shall not be deemed to be in default of this
Agreement to the extent construction of the Project, or a part thereof, is not
complete by reason of Unavoidable Delay.
2. Pursuit of Construction. After the Commencement Date of each Phase, Developer
shall continue, pursue and prosecute the construction of such Phase of the Project
with due diligence to completion, and shall not at anytime actually or effectively have
abandoned (or its Contractor having actually or effectively abandoned) the Project
Site. For purposes of this subsection 7.02.2, "abandoned" means to have ceased
any construction work which effectively advances the construction of the Project
toward completion, including removing all or substantially all of the construction work
force from the Project site for a period of not less than sixty (60) days.
3. Maintenance of Construction Site. During the construction of the Project, Developer
shall, at its own expense, keep the Project and all lands owned by Developer within
the Project Site in reasonably good order and condition.
4. Construction Completion Certificate.
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a. For purposes of this Section 7.02, "completion, "complete," "substantially
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complete" or "substantial completion" means, with respect to construction of
a Phase of the Project, the later of a certificate of occupancy for the shell of
any structures) (not including any tenant improvements) for that part of the
Project issued by the City or other appropriate governmental authority having
jurisdiction over the Project Site or that portion of the Project has been
deemed substantially completed by the Project Lender under the
Construction Financing therefor.
b. Upon the substantial completion of the construction of any Phase of the
Project in accordance with the provisions of the Plans and Specifications,
Developer shall prepare and execute a Construction Completion Certificate,
which shall then be delivered to the City. Upon receipt of the certificate, the
City shall promptly and diligently proceed to determine if construction of such
Phase of the Project has been completed substantially in accordance with the
Plans and Specifications and this Agreement. Upon making such a
determination, the City shall execute the certificate and return it to Developer.
The date of the Construction Completion Certificate shall be the date when
all parties shall have executed said certificate.
c. The Construction Completion Certificate shall constitute a conclusive
determination by the parties hereto of the satisfaction and termination of the
obligations of Developer hereunder to construct such Phase of the Project
described in the certificate; provided, however, that nothing in this Section
shall be a waiver of the rights, duties, obligations or responsibilities of the City
or any other governmental entity acting in its regulatory or governmental
capacity or an approval of said construction for purposes ofthe issuance of a
certificate of occupancy for that part of the Project.
d. If the City shall refuse or fail to execute any Construction Completion
Certificate after receipt of a request by Developer to do so, then the City
shall, within ten (10) days after its receipt of such request, provide
Developer with a written statement setting forth in reasonable detail the
reason(s) why the City has not executed the Construction Completion
Certificate and what must be done by Developer to satisfy such objections so
that the City would sign the certificate. Upon Developer satisfying the City's
objections, then Developer shall submit a new request to the City for
execution of the Construction Completion Certificate and that request shall
be considered and acted upon in accordance with the procedures in this
Section for the original request.
e. If the City refuses to execute the certificate and Developer does not agree
with the objections set forth in the City's statement, then Developer may
invoke the arbitration procedures setforth in Article 14 hereofforthe purpose
of determining if the prerequisites for execution by all parties of the
Construction Completion Certificate have been met, and if not, what actions
must be taken to satisfy such prerequisites.
f. The Construction Completion Certificate shall be in a form sufficient to be
recorded in the public records of Pinellas County, Florida. After execution by
the City, it shall be promptly returned to Developer who shall record the
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certificate in the public records of Pinellas County, Florida, and pay the cost
of such recording.
g. Developer agrees to complete the Hotel Phase of the Project on or before
two (2) years after the Commencement Date of the Hotel Phase. Developer
agrees to complete the Residential Tower Phase of the Project on or before
two (2) years after the Commencement Date of the Residential Tower Phase.
Developer agrees to complete the Residential/Retail Phase within eighteen
(18) months after the Commencement Date of the Residential/Retail Phase.
In the event Developer proceeds with construction of its Residential Tower
Phase with a building height greater than 100 feet prior to completion of the
Hotel Phase, Developer shall provide to the City of Clearwater a letter of
credit in the amount of One Million Dollars ($1,000,000) that shall secure
Developer's obligations under this Agreement as to completion of the Hotel
Phase and which letter of credit shall remain in full force and effect until the
Construction Completion Certificate for the Hotel Phase is recorded as
provided above. The letter of credit shall be in a form reasonably acceptable
to the City. In the event Developer defaults as to its obligations to commence
and/or complete the Hotel Phase and such default is not cured within any
applicable grace or cure period, the City shall have the right to draw on the
letter of credit and retain the full proceeds as liquidated damages for such
default. In the event for any reason Developer does not proceed with a
building in the Residential Tower Phase that exceeds 100 feet in height, this
provision shall be null and void and if a letter of credit has previously been
delivered to the City, it shall be promptly returned to Developer.
7.03. City Not in Privity. The City shall not be deemed to be in privity of contract with any
Contractor or provider of services with respect to the construction of any part of the Project
not constituting all or any part of public improvements.
7.04. Construction Sequencing and Staging Area. The Developer shall construct the Baymont
and Ambler Improvements in a manner and fashion which will minimize the inconvenience of
the construction on the property owners of Clearwater Beach and the residents of the City.
The City agrees to allow Developer to use portions of Baymont and Ambler Streets as
designated by the City for construction staging and Project office, during construction of the
Project, without charge to the Developer, provided that such staging area and Project office
does not unreasonably affect the maintenance of access provided for in this Paragraph.
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ARTICLE 8. INDEMNIFICATION.
8.01. Indemnification by the Developer.
1. The Developer agrees to indemnify, defend and hold harmless, the City, its
respective agents, officers, or employees from any and all liabilities, damages,
penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees
through appellate proceedings, for personal injury, bodily injury, death or property
damage arising out of, or by reason of any act or omission of the Developer, its
agents, employees or contractors arising out of, in connection with or by reason of,
the performance of any and all services covered by this Agreement, or which are
alleged to have arisen out of, in connection with or by reason of, the performance of
any and all services covered by this Agreement.
2. The Developer shall indemnify, defend and hold harmless the City, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees
and engineering fees) arising from or attributable to any breach by the Developer, as
the case may be, of any representations or warranties contained in Section 9.01, or
covenants contained in Section 9.02.
3. The Developer's indemnity obligations under subsections (1) and (2) of this Section
shall survive the earlier of the Termination Date or the Expiration Date, but shall
apply only to occurrences, acts, or omissions that arise on or before the earlier of the
Termination Date or the Expiration Date.
4. The Developer's indemnity hereunder is in addition to and not limited by any
insurance policy and is not and shall not be interpreted as an insuring agreement
between or among the parties to this Agreement, nor as a waiver of sovereign
immunity for any party entitled to assert the defense of sovereign immunity.
8.02. Indemnification by the City.
1. To the extent permitted by law, the City agrees to indemnify, defend and hold
harmless, the Developer, its respective officers, and employees from any and all
liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses
or attorneys' fees through appellate proceedings, for personal injury, bodily injury,
death or property damage arising out of, or by reason of, any act or omission of the
City, its respective agents or employees arising out of, in connection with or by
reason of, the performance of any and all services covered by this Agreement, or
which are alleged to have arisen out of, in connection with or by reason of, the
performance of any and all services covered by this Agreement.
2. The City shall indemnify, defend and hold harmless the Developer, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees
and engineering fees) arising from or attributable to any breach by the City, as the
case may be, of any representations or warranties contained in Section 10.01, or
covenants contained in Section 10.02.
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3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of
the Termination Date or the Expiration Date, but shall only apply to occurrences, acts
or omissions that arise on or before the earlier of the Termination Date or the
Expiration Date. The City's indemnity hereunder is not and shall not be interpreted
as an insuring agreement between or among the parties to this Agreement, but is in
addition to and not limited by any insurance policy provided that said obligation shall
not be greater than that permitted and shall be limited by the provisions of Section
768.28, Florida Statutes, or any successor statute thereto.
8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein,
with respect to the indemnification obligations of the Developer (as set forth in Section 8.01)
and the City (as set forth in Section 8.02), the following shall apply:
1. The indemnifying party shall not be responsible for damages that could have been,
but were not, mitigated by the indemnified party;
2. The indemnifying party shall not be responsible for that portion of any damages
caused by the negligent or willful acts or omissions of the indemnified party; and
3. There shall be no obligation to indemnify hereunder in the event that the indemnified
party (1) shall have effected a settlement of any claim without the prior written
consent of the indemnifying party, or (2) shall not have subrogated the indemnifying
party to the indemnified party's rights against any third party by an assignment to the
indemnifying party of any cause or action against such third party.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely
upon each of the following statements:
1. The Developer is a Florida Limited Liability Company duly organized and validly
existing under the laws of the State of Florida, has all requisite power and authority
to carry on its business as now conducted, to own or hold its properties and to enter
into and perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do
business in the State of Florida, and has consented to service of process upon a
designated agent for service of process in the State of Florida.
2. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the Developer is or will be a party have been duly
authorized by all necessary action on the part of, and have been or will be duly
executed and delivered by, the Developer, and neither the execution and delivery
thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires
the approval and consent of any other party, except such as have been duly
obtained or as are specifically noted herein, (ii) contravenes any existing law,
judgment, governmental rule, regulation or order applicable to or binding on the
Developer, (iii) contravenes or results in any breach of, default under or, other than
as contemplated by this Agreement, results in the creation of any lien or
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encumbrance upon any property of the Developer under any indenture, mortgage,
deed of trust, bank loan or credit agreement, the Developer's Articles of
Organization, or, any other agreement or instrument to which the Developer is a
party or by which the Developer may be bound.
3. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the Developer is or will be a party constitutes, or when
entered into will constitute, a legal, valid and binding obligation of the Developer
enforceable against the Developer in accordance with the terms thereof, except as
such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to
usual equitable principles in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer threatened actions or
proceedings before any court or administrative agency against the Developer, or
against any controlling shareholder, officer, employee or agent of the Developer
which question the validity of this Agreement or any document contemplated
hereunder, or which are likely in any case, or in the aggregate, to materially
adversely affect the consummation of the transactions contemplated hereunder or
the financial condition of the Developer.
5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against the Developer.
6. All financial information and other documentation, including that pertaining to the
Project or the Developer, delivered by the Developer to the City was, on the date of
delivery thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is in
8t. Petersburg, Florida, and the Developer will keep records concerning the Project
(such as construction contracts, financing documents and corporate documents) and
all contracts, licenses and similar rights relating thereto at an office in Pinellas
County.
8. As of the Effective Date, the Developer will have the financial capability to carry out
its obligations and responsibilities in connection with the development of the Project
as contemplated by this Agreement.
9. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design,
planning, construction, completion and opening for business of the Project.
9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date or the Expiration Date:
1. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
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2. During each year that this Agreement and the obligations of the Developer under
this Agreement shall be in effect, the Developer shall cause to be executed and to
continue to be in effect those instruments, documents, certificates, permits, licenses
and approvals and shall cause to occur those events contemplated by this
Agreement that are applicable to, and that are the responsibility of, the Developer.
3. The Developer shall assist and cooperate with the City to accomplish the
development of the Project by the Developer in accordance with the Plans and
Specifications, and this Agreement, and will not violate any laws, ordinances, rules,
regulations, orders, contracts or agreements that are or will be applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its financial capability
to develop, construct and complete the Project and shall promptly notify the City of
any event, condition, occurrence, or change in its financial condition which adversely
affects, or with the passage of time is likely to adversely affect, the Developer's
financial capability to successfully and completely develop, construct and complete
the Project as contemplated hereby.
5. The Developer shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any tax
required thereby.
6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve
or substantially dissolve all of its assets and will not consolidate with or merge into
another corporation, limited partnership, or other entity or permit one or more other
corporations or other entity to consolidate with or merge into it without the prior
approval of the City unless the Developer or an entity under common control with
Developer, retains a controlling interest in the consolidated or merged entity, and will
promptly notify the City of any changes to the existence or form of the entity or any
change in the control of the Developer.
7. Other than sales and assignments contemplated by this Agreement, the Developer
shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets
without adequate consideration and will otherwise take no action which shall have
the effect, singularly or in the aggregate, of rendering the Developer unable to
continue to observe and perform the covenants, agreements, and conditions hereof
and the performance of all other obligations required by this Agreement.
8. Except for the removal of any structures, plants, items or other things from the
Project Site necessary for construction of the Project to commence and continue, the
Developer shall not permit, commit, or suffer any waste or impairment of the Project
or the Project Site prior to the Completion Date.
9. Provided all conditions precedent thereto have been satisfied or waived as provided
herein, the Developer shall acquire the Controlled Property as provided in Article 5
hereof and shall pay the Purchase Price, as the case may be, when due and payable
as provided therein.
10. Provided all conditions precedent thereto have been satisfied or waived as provided
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herein, the Developer shall design, construct and complete the Project such that it is
substantially complete as provided in this Agreement no later than the deadline for
such completion as provided in this Agreement.
ARTICLE
10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the
Developer may rely on each of the following statements:
1. The City is a validly existing body corporate and politic of the State of Florida, has all
requisite corporate power and authority to carry on its business as now conducted
and to perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party.
2. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the City is or will be a party have been duly authorized by all
necessary action on the part of, and have been or will be duly executed and
delivered by, the City, and neither the execution and delivery thereof, nor compliance
with the terms and provisions thereof or hereof (i) requires the approval and consent
of any other party, except such as have been duly obtained or as are specifically
noted herein, (ii) contravenes any existing law, judgment, governmental rule,
regulation or order applicable to or binding on the City, (iii) contravenes or results in
any breach of, or default under or, other than as contemplated by this Agreement,
results in the creation of any lien or encumbrance upon any property of the City
under any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the City is a party, specifically including any
covenants of any bonds, notes, or other forms of indebtedness of the City
outstanding on the Effective Date.
3. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the City is or will be a party constitute, or when entered into
will constitute, legal, valid and binding obligations of the City enforceable against the
City in accordance with the terms thereof, except as such enforceability may be
limited by public policy or applicable bankruptcy, insolvency or similar laws from time
to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
1. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to
be in effect those instruments, documents, certificates, permits, licenses and
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approvals, and shall cause to occur those events contemplated by this Agreement
that are applicable to and are the responsibility of the City.
3. The City shall assist and cooperate with the Developer to accomplish the
development of the Project in accordance with this Agreement and the Plans and
Specifications, will carry out its duties and responsibilities contemplated by this
Agreement, and will not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto, and, to the extent
permitted by law, the City will not enact or adopt or urge or encourage the adoption
of any ordinances, resolutions, rules, regulations or orders or approve or enter into
any contracts or agreements, including issuing any bonds, notes, or other forms of
indebtedness, that will result in any provision of this Agreement to be in violation
thereof.
4. Except for the demolition of existing structures on the Project Site and the removal of
objects from the Project Site as contemplated by this Agreement, the City shall not
permit, commit, or suffer any waste or impairment to the Project Site, nor shall the
City request or recommend any rezoning of the Project Site, or any part thereof,
which will prevent or adversely affect the development of the Project.
5. The City shall maintain its financial capability to carry out its responsibilities as
contemplated by this Agreement and shall notify the Developer of any event,
condition, occurrence, or change in its financial condition which adversely affects, or
with the passage of time is likely to adversely affect, the City's financial capability to
carry out its responsibilities contemplated hereby.
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. The Developer Acquiring Project Site. Unless this Agreement has been terminated
pursuant to Article 12 hereof, the obligation of the Developer to acquire the Project Site is
subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each
of the following conditions precedent:
1. The Developer shall have received evidence satisfactory to the Developer that the
Project Site permits the uses contemplated in this Agreement.
2. The Plans and Specifications as are required for issuance of the Building Permit
required to commence construction of the Project shall have been approved by the
City in accordance with applicable ordinances, land use regulations, building codes
and other regulations of the City.
3. The Developer shall have obtained commitments from the Project Construction
lender as provided in Article 6 hereof.
4. The City shall have closed and vacated any streets, alleys or other public rights-of-
way as may be necessary for the construction and use of the Project Site according
to the Plan and Specifications, this Agreement and approved by resolution the
abandonment of all such rights-of-way in favor of the Developer.
5. All Permits necessary for construction of the Project to commence shall have been
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issued and have become final and non-appealable.
11.02. Construction of Project. Subject to termination of this Agreement pursuant to Article 12,
the obligation of the Developer to commence construction of the Project on the
Commencement Date is subject to the fulfillment to the satisfaction of, or waiver in writing
by, the Developer of the following conditions:
1. The Plans and Specifications that are necessary to commence construction shall
have been approved by the City, and the initial Building Permit for the
commencement of construction of that part of the Project and all other Permits
necessary for construction to commence have been issued.
2. The vacation of rights-of-way as provided in Section 5.03.1. hereof.
11.03. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not,
individually or collectively, knowingly, intentionally or negligently prevent any condition
precedentfrom occurring; provided, however, nothing in this Section is intended or shall be
deemed to deny any party the right to reasonably exercise its discretion to the extent
permitted by law or this Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to the entire Project
upon the occurrence of anyone or more of the following:
a. The Developer shall fail to perform or comply with any material provision of
this Agreement applicable to it within the time prescribed therefor, after
receipt of a notice from the City pursuant to Paragraph 12.01.2.a.; or
b. The Developer shall make a general assignment for the benefit of its
creditors, or shall admit in writing its inability to pay its debts as they become
due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or
insolvent, or shall file a petition seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any
present or future statute, law or regulation or shall file an answer admitting,
or shall fail reasonably to contest, the material allegations of a petition filed
against it in any such proceeding, or shall seek or consent to or acquiesce in
the appointment of any trustee, receiver or liquidator of the Developer or any
material part of such entity's properties; or
c. Within sixty (60) days after the commencement of any proceeding by or
against the Developer seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any
present or future statute, law or regulation, such proceeding shall not have
been dismissed or otherwise terminated, or if, within sixty (60) days after the
appointment without the consent or acquiescence of the Developer of any
trustee, receiver or liquidator of any of such entities or of any material part of
any of such entity's properties, such appointment shall not have been
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2.
vacated; or
a.
If an event of default by the Developer described in subsection 1 above shall
occur, the City shall provide written notice thereof to the Developer, and, if
such event of default shall not be cured by the Developer within thirty (30)
days after receipt of the written notice from the City specifying in reasonable
detail the event of default by the Developer, or if such event of default is of
such nature that it cannot be completely cured within such time period, then if
the Developer shall not have commenced to cure such default within such
thirty (30) day period and shall not diligently prosecute such cure to
completion within such reasonable longer period of time as may be
necessary (provided, however, if the Developer is proceeding diligently and
in good faith, the curative period shall be extended for a period of not
exceeding six (6) months without any approval or consent of the City being
required, but such approval will be required if the curative period is to be
extended beyond six (6) months then, in addition to any remedy available
under Section 12.05, the City may terminate this Agreement or pursue any
and all legal or equitable remedies to which the City is entitled, provided,
however, if the Developer shall fail to cure such event of default within said
thirty (30) day or longer period or ceases to proceed diligently to timely cure
such event of default, then the City may proceed to enforce other available
remedies without providing any additional notice to the Developer.
b. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to
pursue any other remedy to which either may be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if
such event affects the Developer's or City's ability to perform by such
deadline or the expiration of such period.
3. Subject to the rights of the Project Lender, if the City elects to cure a default under
Subsection 12.01.1. by the Developer, construction contracts, contract documents,
building permits, development permits, management agreements, and financial
commitments (all only to the extent assignable) with respect to the Project shall, if
such default has not been previously cured, on the day following receipt by the
Developer of notice from the City of its election to cure, be deemed then assigned to
the City making said election, without necessity of any other action being taken or
not taken by any party hereto. The Developer shall transfer and deliver to the City
upon making said election, all assignable Plans and Specifications, working
drawings, construction contracts, contract documents, financial commitments,
management agreements, and all Permits, and, at the direction of the City, the
defaulting the Developer shall vacate the Parcel(s).
4. Notwithstanding any provision of this Section, a default by the Developer shall not
affect the title of any condominium unit or common area conveyed by the Developer
to an unrelated third party or to a condominium association which is not controlled by
the Developer.
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12.02. Default by the City.
1. Provided the Developer is not then in default under Section 12.01, there shall be an
"event of default" by the City under this Agreement in the event the City shall fail to
perform or comply with any material provision of this Agreement applicable to it;
provided, however, that suspension of or delay in performance by the City during any
period in which the Developer is in default of this Agreement as provided in Section
12.01 hereof will not constitute an event of default by the City under this Subsection
12.02.
2.
a.
If an event of default by the City described in Subsection 12.02.1. shall occur,
the Developer shall provide written notice thereof to the City, and, after
expiration of the curative period described in paragraph b. below, may
terminate this Agreement, institute an action to compel specific performance
of the terms hereof by the City or pursue any and all legal or equitable
remedies to which the Developer is entitled; provided, however, if the event
of default by the City occurs, any monetary recovery by the Developer in any
such action shall be limited to bona fide third-party out of-pocket costs and
expenses, including reasonable attorneys' fees, incurred by the Developer in
connection with this Agreement and the transactions contemplated hereby,
unless any such default by the City was willful and committed in bad faith
with reckless disregard for the rights of the Developer.
b. The Developer may not terminate this Agreement or institute an action
described in Subsection 2.a. above if the City cures such event of default
within thirty (30) days after receipt by the City of written notice from the
Developer specifying in reasonable detail the event of default by the City, or if
any such event of default is of such nature that it cannot be completely cured
within such period, then within such reasonably longer period of time as may
be necessary to cure such default, provided however, if the City is
proceeding diligently and in good faith, the curative period shall be extended
for a period of not exceeding six (6) months without any approval or consent
of the Developer being required, but such approval will be required if the
curative period is to be extended beyond six (6) months after the notice of
default has been given by the Developer to the City if the City has
commenced to cure such default within such thirty (30) day period and is
diligently prosecuting such curative action to completion. The City shall
within said thirty (30) day period or such longer period promptly, diligently and
in good faith proceed to cure such event of default after receipt of the notice
from the Developer and shall succeed in curing such event of default within
said period of time, provided, however, if the City shall fail to cure such event
of default within said thirty (30) day or longer period or ceases to proceed
diligently to timely cure such event of default, then the Developer may
proceed with its available remedies without providing any additional notice to
the City.
c. Any attempt by the Developer to pursue any of the remedies referred to in
paragraphs a. and b. above will not be deemed an exclusive election of
remedy or waiver of the Developer's right to pursue any other remedy to
which it might be entitled.
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d. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if
such event affects the Developer's or City's ability to perform by such
deadline or the expiration of such period.
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are
entitled under this Agreement are not exclusive and are intended to be in addition to any
other remedies or means of redress to which the City or the Developer may lawfully be
entitled and are not specifically prohibited by this Agreement. The suspension of, or delay
in, the performance of its obligations by the Developer while the City shall at such time be in
default of their obligations hereunder shall not be deemed to be an "event of default." The
suspension of, or delay in, the performance of the obligations by the City while the
Developer shall at such time be in default of its obligations hereunder shall not be deemed to
be an "event of default" by the City.
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City
or the Developer to promptly or continually insist upon strict performance of any term,
covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other
agreement, instrument or document of whatever form or nature contemplated hereby shall
not be deemed a waiver of any right or remedy that the City or the Developer may have, and
shall not be deemed a waiver of a subsequent default or nonperformance of such term,
covenant, condition or provision.
12.05. Termination Prior to Commencement of Project.
1. The Developer and the City acknowledge and agree that as of the Effective Date
certain matters mutually agreed by the parties hereto to be essential to the
successful development of the Project have not been satisfied or are subject to
certain conditions, legal requirements or approvals beyond the control of any of the
parties hereto or which cannot be definitely resolved under this Agreement,
including, but not limited to, failure of a governmental authority to grant an approval
required for development of the Project or insurable title to the Project Site has not
been obtained. In recognition of these events or conditions, the parties hereto
mutually agree that, provided the appropriate or responsible party therefor diligently
and in good faith seeks to the fullest extent of its capabilities to cause such event or
condition to occur or be satisfied, the failure of the events or conditions listed in
subsection 2. below to occur or be satisfied shall not constitute an event of default by
any party under this Article 12, but may, upon the election of any party hereto, be the
basis for a termination of this Agreement in accordance with this Section.
2. In addition to any other rights of termination provided elsewhere in this Agreement,
prior to commencement of the Project, this Agreement may be terminated as
provided in Subsection 3. of this section by the City or the Developer after the
occurrence of any of the following events or conditions (except for Subsection b. , in
which event only the Developer may terminate this Agreement pursuant to this
subsection 2.):
a. The appropriate governmental authority (including the City in exercise of its
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I
I
governmental and regulatory authority and responsibility), upon petition by
the Developer denies or fails to: issue the necessary order or other action
necessary, vacate right-of-way as described in Section 5.03, issue the
Permits, issue the Building Permits, or approve any other land use necessary
to commence construction of the Project on the Project Site, provided the
Developer has proceeded diligently, expeditiously and in good faith to obtain
such approval, permits or other necessary actions;
b.
A previously unknown site condition is subsequently discovered and that
condition prevents successful development of the Project, or part of the
Project on the Project Site, or part of the Project Site (in which case only the
Developer at his option can terminate the Project as not feasible).
3. Upon the occurrence of an event described in subsection 2. or in the event that the
Developer or the City, after diligently and in good faith to the fullest extent its
capabilities, is unable to cause a condition precedent to its respective obligations to
occur or be satisfied, then the Developer or the City may elect to terminate this
Agreement by giving a notice to the other party hereto within thirty (30) days of the
occurrence of such event or the determination of inability to cause a condition
precedent to occur or be satisfied, stating its election to terminate this Agreement as
a result thereof, in which case this Agreement shall then terminate.
4. In the event of a termination pursuant to this Section 12.05, neither the Developer
nor the City shall be obligated or liable one to the other in any way, financially or
otherwise, for any claim or matter arising from or as a result of this Agreement or any
actions taken by the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for its own costs,
however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive
termination of this Agreement, the provisions of this Subsection 12.05.4 to the
contrary notwithstanding.
12.06. Termination Certificate.
1. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly
execute a certificate prepared by the party electing to terminate this Agreement,
which certificate shall expressly state that this Agreement has been terminated in
accordance with its terms, is no longer of any force and effect except for those
provisions hereof which expressly survive termination, that the rights, duties and
obligations of the parties hereto have been terminated and released (subject to
those surviving provisions hereof) and that the Project Site is no longer subject to
any restrictions, limitations or encumbrances imposed by this Agreement.
2. The certificate described in Subsection 1. shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded
in the public records of Pinellas County, Florida.
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ARTICLE 13. RIGHT TO CONTEST.
13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the
Developer each may, at its sole discretion and expense, after prior written notice to the other
parties hereto, contest by appropriate action or proceeding conducted in good faith and with
due diligence, the amount or validity or application, in whole or in part, of any lien, any
payment of any taxes, assessments, impact fees or other public charges of a similar nature
that may from time to time be levied upon or assessed by any appropriate governmental
authority against the Developer, the Project (or any part thereof), the Project Site, furniture,
fixtures, equipment or other personal property thereon, and the revenues generated from the
use or operation of any or all of the above, any other payment specifically identified in this
Agreement, or compliance with any law, rule, regulation, or other such legal requirement.
13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section
13.01 is subject to the following:
1. Such proceeding shall suspend the execution or enforcement of such charge,
payment or requirement;
2. Such proceeding will not create any risk of impairment of the acquisition or
preparation of the Project Site, the construction, completion, operation or use of the
Project, the Project Site, or any part thereof, in any material respect, and neither the
Project or Project Site, nor any part of the Project or the Project Site, would be
subject to any risk of being involuntarily sold, forfeited or lost or the acquisition ofthe
Project Site or the construction, equipping, or completion of the Project or any part
thereof be delayed or prohibited;
3. Such proceeding will not subject any other party to criminal liability or risk of material
civil liability for failure to comply therewith, or involve risk of any material claim
against such party; and
4. The party seeking the benefit of this Article shall have furnished to the other parties
such security, if any, as may be required in such proceeding or as may be
reasonably requested by the others, to protect the Project and the Project Site, and
any part thereof, and any interest of such parties hereunder.
ARTICLE 14. ARBITRATION
14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the
same matter and, if so, the party hereto commencing such action has not dismissed it, any
disagreement or dispute between the parties may be arbitrated in the manner set forth in this
Article 14. All parties hereby agree such arbitration, once commenced, shall be the
exclusive procedure for resolving such disagreement or dispute and agree to be bound by
the result of any such arbitration proceeding unless all parties mutually agree to terminate
such proceeding prior to decision. If any arbitration proceeding under this part adversely
affects the performance of any party hereunder, then any time periods provided herein for
such performance by that party shall be tolled during the pendency of the arbitration
proceeding affecting such performance.
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14.02. Appointment of Arbitrators.
1.
2.
a.
Unless accelerated arbitration as provided in Section 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after
giving notice of impasse in the dispute resolution process or following the
expiration of the time period for such dispute resolution process or upon
occurrence of the event permitting arbitration to be invoked, give written
notice to that effect to the other parties, and shall in such notice appoint a
disinterested person who is on the list of qualified arbitrators maintained by
the American Arbitration Association or a disinterested person not on such
list to whom an objection is not made by any other party hereto within five (5)
days of receipt of the notice of such appointment as the arbitrator or, if more
than one (1) arbitrator is to be appointed, as one of the arbitrators.
b. Within ten (10) days after receipt of the notice described in paragraph (1), the
other parties shall by written notice to the original party acknowledge that
arbitration has been invoked as permitted by this Agreement, and shall either
accept and approve the appointment of such individual set forth in the
original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
a.
If two (2) arbitrators are appointed pursuant to subsection a. above, the
arbitrators thus appointed shall appoint a third disinterested person who is on
the list of qualified arbitr~tors maintained by the American Arbitration
Association, and such three (3) arbitrators shall as promptly as possible
determine such matter.
b. If the second arbitrator shall not have been appointed as provided in
subsection a., the first arbitrator shall, after ten (10) days notice to the
parties, proceed to determine such matter.
c. If the two (2) arbitrators appointed by the parties pursuant to subsection a.
shall be unable to agree within fifteen (15) days after the appointment of the
second arbitrator upon the appointment of a third arbitrator, they shall give
written notice of such failure to agree to the parties, and, if the parties then
fail to agree upon the selection of such third arbitrator within fifteen (15) days
thereafter, then within ten (10) days thereafter each of the .parties upon
written notice to the other parties hereto may request the appointment of a
third arbitrator by the office in or for the State of Florida (or if more than one
office, the office located closest to the City) of the American Arbitration
Association (or any successor organization thereto), or, in its absence,
refusal, failure or inability to act, request such appointment of such arbitrator
by the United States District Court for the Middle District of Florida (which
request shall be filed in the division of that court responsible for the
geographic area including the City), or as otherwise provided in Chapter 682,
Florida Statutes, known and referred to as the Florida Arbitration Act, as
amended.
14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing
arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator
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or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the
terms of this Agreement and may not change any such terms, or deprive any party to this
Agreement of any right or remedy expressed or implied in this Agreement, or award any
damages or other compensation to any party hereto. The arbitration proceedings shall
follow the rules and procedures of the American Arbitration Association (or any successor
organization thereto) unless specifically modified by this Agreement, or as then agreed to by
the parties hereto.
14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used,
shall be conclusive upon the parties and judgment upon the same may be entered in any
court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written
notice to the parties stating his or their determination within thirty (30) days after the
conclusion of the hearing or final submission of all evidence or argument.
14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to
serve as such, promptly upon such determination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the
parties hereto, and then a new arbitrator shall be promptly appointed as a replacement,
which appointment shall be made by the party or the arbitrators who appointed the affected
arbitrator in the same manner as provided for in the original appointment of the affected
arbitrator in Section 14.02 hereof.
14.06. Decision of Arbitrators.
1. If any decision reached by arbitration as provided in this part requires performance
by the Developer, the Developer covenants and agrees to comply with any decision
of the arbitrator(s) promptly after the date of receipt by the Developer of such
decision, and to continue such performance to completion with due diligence and in
good faith.
2. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators) promptly after the date
of receipt by the City of such decision, and to continue such performance to
completion with due diligence and in good faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise
provided for herein.
14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose
of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and
the American Arbitration Association with respect to such proceeding, but shall not include
attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert
witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in
the absence of such Agreement shall be the responsibility of the party incurring such fees or
costs.
14.08. Accelerated Arbitration.
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1.
a.
If any of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after
an initial election to invoke arbitration pursuant to Section 14.02 hereof has
been made, either party to such proceeding may invoke accelerated
arbitration by giving notice thereof to the other parties no later than three (3)
days after arbitration has been initially invoked and the other parties do not
object within three (3) days thereafter.
b. Accelerated arbitration, for purposes of this Section 14.08, shall be
accomplished by either party notifying the American Arbitration Association
(or any successor organization thereto) that the parties have agreed to a
single arbitrator, qualified to decide the matter for arbitration, to be appointed
by the American Arbitration Association (or any successor organization
thereto) with the consent of the parties to such proceeding within three (3)
days after receipt of the request and to decide such matter within five (5)
days after such appointment.
c. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in paragraph (2)
is received by the American Arbitration Association, the accelerated
proceeding under this Section 14.08 shall terminate and the procedures
otherwise set forth in this Article 14 shall apply, unless the parties mutually
agree to an extension of such time period.
2. The Developer and the City hereby agree to use such accelerated procedure only
when reasonably necessary, to not contest the appointment of the arbitrator or his or
her decision except as may be permitted by law, and that all other provisions of this
part, except as are in conflict with this Section 14.08, remain in effect and applicable
to an accelerated arbitration proceeding.
14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as
amended, known and referred to as the Florida Arbitration Code.
14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any
member of the public. Unless otherwise rendered confidential pursuant to or by the
operation of any applicable law or order (other than an order by a sole arbitrator or panel of
arbitrators acting under this part), the record of such proceedings shall be a public record
under Chapter 119, Florida Statutes.
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ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
1. Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition
described in paragraph (b) as an event of"Unavoidable Delay" shall be excused in
the manner provided in this Section 15.01.
2. "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, litigation which has the effect of precluding
reasonable satisfaction of the obligations of this Agreement, acts of the public
enemy, riot, insurrection, war, pestilence, archaeological excavations required by
law, unavailability of materials after timely ordering of same, epidemics, quarantine
restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes,
floods, extremely abnormal and excessively inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding the Effective
Date), strikes or labor disturbances, delays due to proceedings under Chapters 73
and 74, Florida Statutes, restoration in connection with any of the foregoing or any
other cause beyond the reasonable control of the party performing the obligation in
question, including, without limitation, such causes as may arise from the act of the
other party to this Agreement, or acts of any governmental authority (except that acts
of the City shall not constitute an Unavoidable Delay with respect to performance by
the City).
3. An application by any party hereto (referred to in this Subsection 3. and in
Subsection 4. as the "Applicant") for an extension of time pursuant to this subsection
must be in writing, must set forth in detail the reasons and causes of delay, and
must be filed with the other party to this Agreement within seven (7) days following
the occurrence of the event or condition causing the Unavoidable Delay or seven (1)
days following the Applicant becoming aware (or with the exercise of reasonable
diligence should have become aware) of such occurrence.
4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding with its rights, duties and obligations under
this Agreement affected by such occurrence.
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date, no use of the
Project, other than as described in Section 2.03, shall be permitted, other than the operation
of improvements existing on the Effective Date until those improvements are demolished,
unless and until the Developer or the person, if other than the Developer, intending to so use
the Project or Project Site, shall file with the City a request for a release from the restriction
imposed by this Section. The Governing Body of the City shall promptly consider such
request and either deny the request, approve the request as filed, or approve the request
subject to such terms, conditions and limitations as the City may reasonably require. Unless
specifically requested and approved, a release of the restriction imposed by this Section
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shall not release the Developer from any obligations or restrictions imposed by this
Agreement or any agreement, instrument or document contemplated hereby.
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION.
17.01. Loss or Damage to Project.
1. Until the Project Completion Date, and without regard to the extent or availability of
any insurance proceeds, the Developer covenants and agrees to diligently
commence and complete the reconstruction or repair of any loss or damage caused
by fire or other casualty or by eminent domain (provided the City is not the
condemning authority) to each and every part of the Project on a Parcel which it
owns to substantially the same size, floor area, cubic content and general
appearance as existed prior to the occurrence of such loss or damage, promptly
after the City approves the Plans and Specifications for such reconstruction or
repairs.
2. The City shall review the Plans and Specifications for such reconstruction or repairs
as soon as possible after filing thereof by the Developer. The City agrees to approve
the Plans and Specifications for such reconstruction or repairs if the reconstruction
or repairs contemplated by such Plans and Specifications will restore the Project, or
the damaged portion thereof, to substantially the same condition as existed prior to
the occurrence of such loss or damage and if such Plans and Specifications conform
to the applicable laws, ordinances, codes, and regulations in effect at the time of
filing with the City of the plans and specifications for such reconstruction or repairs.
17.02. Partial Loss or Damage to Project. Until the Project Completion Date, any loss or damage
by fire or other casualty or exercise of eminent domain to the Project or Project Site, or any
portion thereof, which does not render the Project or Project Site unusable for the use
contemplated by Section 2.03 of this Agreement, shall not operate to terminate this
Agreement or to relieve or discharge the Developer from the timely performance and
fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension
of time for an Unavoidable Delay.
17.03. Project Insurance Proceeds.
1. Whenever the Project, or any part thereof, shall have been damaged or destroyed,
the Developer shall promptly make proof of loss and shall proceed promptly to
collect, or cause to be collected, all valid claims which may have arisen against
insurers or others based upon such damage or destruction.
2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of
property or casualty insurance received by the Developer as a result of such loss or
damage shall be available and shall be used for payment of the costs of the
reconstruction or repair of the Project to the extent necessary to repair or reconstruct
the Project.
17.04. Notice of Loss or Damage to Project. The Developer shall promptly give the City written
notice of any significant damage or destruction to the Project stating the date on which such
damage or destruction occurred, the expectations of the Developer as to the effect of such
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damage or destruction on the use of the Project, and the proposed schedule, if any, for
repair or reconstruction of the Project.
17.05. Condemnation of Project or Project Site; Application of Proceeds. In the event that
part, but not all, of the Project or Project Site, or both, shall be taken by the exercise of the
power of eminent domain at any time before the Expiration Date, subject to the rights of a
Project Lender, the compensation awarded to and received by the Developer shall be
applied first to the restoration of the Project, provided the Project can be restored and be
commercially feasible for its intended use as contemplated by Section 2.03.1. of this
Agreement after the taking, and, if not, can be retained by the Developer.
ARTICLE 18. MISCELLANEOUS
18.01. Assignments.
1. Bv the Developer.
a. Prior to the Commencement Date, the Developer may sell, convey, assign or
otherwise dispose of any or all of its right, title, interest and obligations in and
to the Project, or any part thereof, only with the prior written consent of the
City, provided that such party (hereinafter referred to as the "assignee"), to
the extent of the sale, conveyance, assignment or other disposition by the
Developer to the assignee, shall be bound by the terms of this Agreement
the same as the Developer for such part of the Project as is subject to such
sale, conveyance, assignment or other disposition.
b. If the assignee of the Developer's right, title, interest and obligations in and to
the Project, or any part thereof assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from
all such obligations hereunder which have been so assumed by the
assignee, and the City agrees to execute an instrument evidencing such
release, which shall be in recordable form.
c. An assignment of the Project, or any part thereof, by the Developer to any
corporation, limited partnership, limited liability company, general partnership,
or joint venture, in which the Developer (or an entity under common control
with Developer) has either the controlling interest or through a joint venture
or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an
assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Section 18.01, provided, however,
that notice of such assignment shall be given by the Developer to the City not
less than thirty (30) days prior to such assignment being effective and the
assignee shall be bound by the terms of this Agreement to the same extent
as would the Developer in the absence of such assignment.
d. No assignee, purchaser, sublessee or acquire of all or any part of the
Developer's rights and obligations with respect to anyone Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with
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respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the
Developer's such other obligations.
18.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of
the City, and its successors and assigns, and the Developer and its successors and assigns,
except as may otherwise be specifically provided herein.
18.03. Notices.
1. All notices, demands, requests for approvals or other communications given by
either party to another shall be in writing, and shall be sent by registered or certified
mail, postage prepaid, return receipt requested or by courier service, or by hand
delivery to the office for each party indicated below and addressed as follows:
To the Developer:
To the City:
CBR Development I, LLC and
CBR Development II, LLC
2201 - 4th Street North, Suite 200
St. Petersburg, FL 33704
Attn: J. Michael Cheezem
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
with copies to:
with copies to:
E.D. (Ed) Armstrong, III
P.O. Box 1368
Clearwater, FL 33757
Pam Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue
Clearwater, FL 33756
and
Greene & Schermer
1301 - 6th Avenue West
Suite 400
Bradenton, FL 34205
Attn: Robert F. Greene, Esquire
2. Notices given by courier service or by hand delivery shall be effective upon delivery
and notices given by mail shall be effective upon receipt. Refusal by any person to
accept delivery of any notice delivered to the office at the address indicated above
(or as it may be changed) shall be deemed to have been an effective delivery as
provided in this Section 18.03. The addresses to which notices are to be sent may
be changed from time to time by written notice delivered to the other parties and
such notices shall be effective upon receipt. Until notice of change of address is
received as to any particular party hereto, all other parties may rely upon the last
address given.
18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been
negotiated by the City and the Developer and the Agreement, including, without limitation,
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the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by
all equally.
18.05. Venue; Submission to Jurisdiction.
1. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto do acknowledge, consent, and agree that venue
thereof is Pinellas County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and the courts thereof and to the jurisdiction of the United
States District Court for the Middle District of Florida, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action is
brought in an inconvenient forum or that the venue of such action is improper or that
the subject matter thereof may not be enforced in or by such courts.
3. If at any time during the term of this Agreement the Developer is not a resident ofthe
State of Florida or has no officer, employee, agent or member thereof available for
service of process in the State of Florida, or if any permitted assignee thereof shall
be a foreign corporation, partnership or other entity or shall have no officer,
employee, agent, or member available for service of process in the State of Florida,
the Developer hereby designates the Secretary of State, State of Florida, its agent
for the service of process in any court action between it and the City, or both, arising
out of or relating to this Agreement and such service shall be made as provided by
the laws of the State of Florida for service upon a non-resident; provided, however,
that at the time of service on the Florida Secretary of State, a copy of such service
shall be delivered to the Developer at the address for notices as provided in 18.03.
18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time,
upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge
and deliver to the other parties a statement in recordable form certifying that this Agreement
has not been modified and is in full force and effect (or ifthere have been modifications that
the said Agreement as modified is in full force and effect and setting forth a notation of such
modifications), and that to the knowledge of such party, neither it nor any other party is then
in default hereof (or if another party is then in default hereof, stating the nature and details of
such default), it being intended that any such statement delivered pursuant to this Section
18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of
any mortgage or assignee of the respective interest in the Project, if any, of any party made
in accordance with the provisions of this Agreement.
18.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein, including without
limitation the Exhibits hereto, constitute the full and complete agreement between
the parties hereto to the date hereof, and supersedes and controls over any and all
prior agreements, understandings, representations, correspondence and statements,
whether written or oral.
2. Any provision of this Agreement shall be read and applied in para materia with all
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other provisions hereof.
3. This Agreement cannot be changed or revised except by written amendment signed
by all parties hereto.
18.08. Captions. The article and section headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way
define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way
affect this Agreement or construe any article, section, subsection, paragraph or provision
hereof.
18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under
the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal
holiday observed in the City, it shall be postponed to the next following business day.
18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part ofthis
Agreement. The Exhibits and any amendments or revisions thereto, even if not physically
attached hereto shall be treated as if they are part of this Agreement.
18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result
of the execution and delivery of this Agreement, including any of the Exhibits.
18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not
be an agent of the City with respect to any and all services to be performed by the Developer
(and any of its agents, assigns, or successors) with respect to the Project.
18.13. Recording of Development Agreement. Pursuant to 9163.3239, Florida Statutes (2004),
the City authorizes and hereby directs the City Clerk to record this Agreement in the public
records of Pinellas County, Florida, within fourteen (14) days after City Council approval of
this Agreement. The Developer shall pay the cost of such recording. A copy of the recorded
development agreement shall be submitted to the state land planning agency within fourteen
(14) days after the agreement is recorded.
18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills
and is pursuant to and for a public purpose and municipal purpose and is in the public
interest, and is a proper exercise of the City's power and authority.
18.15. No General Obligation. In no event shall any obligation of the City under this Agreement
be or constitute a general obligation or indebtedness of the City or the City, a pledge of the
ad valorem taxing power of the City or the City or a general obligation or indebtedness of the
City or the City within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds.
Neither the Developer nor any other party under or beneficiary of this Agreement shall ever
have the right to compel the exercise of the ad valorem taxing power of the City, the City or
any other governmental entity or taxation in any form on any real or personal property to pay
the City's or the City's obligations or undertakings hereunder.
18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve
either party from full compliance with any provision of State law which is applicable to any of
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the obligations or undertakings provided for in this Agreement. In the event that this
Agreement omits an obligation to comply with any provision of State law in regard to any of
the obligations or undertakings provided for in this Agreement, it is the intention of the
parties that such applicable State law shall be deemed incorporated into this Agreement and
made a part thereof. In the event that there is any conflict between the provisions of this
Agreement and applicable State law, it is the intention of the parties that the Agreement shall
be construed to incorporate such provisions of State law and that such provisions shall
control.
18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies
contained herein or any Exhibit attached hereto or any other agreement contemplated
hereby, or due to changes resulting from technical matters arising during the term of this
Agreement, the parties agree that amendments to this Agreement required due to such
inaccuracies, unforeseen events or circumstances which do not change the substance of
this Agreement may be made and incorporated herein. The City Manager is authorized to
approve such technical amendments on behalf of the City, respectively, and is authorized to
execute any required instruments, to make and incorporate such amendment to this
Agreement or any Exhibit attached hereto or any other agreement contemplated hereby.
18.18. Term; Expiration; Certificate.
1. If not earlier terminated as provided in Section 12.05, this Agreement shall expire
and no longer be of any force and effect on the tenth anniversary of the Effective
Date.
2. Upon completion of the term of this Agreement, all parties hereto shall execute the
Agreement Expiration Certificate. The Agreement Expiration Certificate shall
constitute (and it shall be so provided in the certificate) a conclusive determination of
satisfactory completion of all obligations hereunder and the expiration of this
Agreement.
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as
provided in Article 14.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pinellas County, Florida. Following execution by all
of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded
by the Developer in the public records of Pinellas County, Florida and the Developer
shall pay the cost of such recording.
18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that all
approvals, consents, and reviews will be undertaken and completed as expeditiously as
possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise
expressly authorized by the terms of this Agreement.
18.20. Effective Date. As provided by ~163.3239, Florida Statutes (2004), this agreement will
become effective after being recorded in the public records in the county and 30 days after
having been received by the state land planning agency.
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IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
affixed as of this _ day of , 2004.
Attest:
By:
City Clerk
Approved as to form and correctness:
, Esquire
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
THE CITY OF CLEARWATER, FLORIDA
By:
Mayor
The foregoing instrument was acknowledged before me this _ day of ,
2004 by and , Mayor and City Clerk,
respectively, for the City of Clearwater, Florida, on behalf of the City, who is D personally known to
me or D has produced a Florida driver's license or D as
identification.
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NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
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CBR DEVELOPMENT I, LLC,
a Florida limited liability company
By: CBR Communities I, Ltd.,
a Florida limited partnership
Managing Member
By: JMC Communities of Clearwater V, Inc.
a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
2004, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida
corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the
Managing Member of CBR Development I, LLC, a Florida limited liability company, who is 0
personally known to me or 0 has produced a Florida driver's license or 0
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
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CBR DEVELOPMENT II, LLC,
a Florida limited liability company
By: CBR Communities II, Ltd.,
a Florida limited partnership
Managing Member
By: JMC Communities of Clearwater VI, Inc.
. a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
2004, J. Michael Cheezem, as CEO of JMC Communities of Clearwater VI, Inc., a Florida
corporation, the General Partner of CBR Communities II, Ltd., a Florida limited partnership, the
Managing Member of CBR Development II, LLC, a Florida limited liability company, who is 0
personally known to me or 0 has produced a Florida driver's license or 0
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
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EXHIBIT A
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EXHIBIT A
Legal Description of Controlled Property
SOUTH BLOCK
Lots 1 - 13 and 49 - 56, Clearwater Beach Park, as per plat thereof recorded in Plat Book 10, Page
42, of the Public Records of Pinellas County, Florida.
Lots 43 through 48, Lots 65 through 71, and the South 14.75 feet of Lot 64, CLEARWATER BEACH
PARK, as recorded in Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida.
NORTH BLOCK
PARCEL 1:
THAT PART OF TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AND LOTS 2 TO 15,
INCLUSIVE, BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 19, PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3.68 ACRES,
TO THE POINT OF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH
LINE OF BAYMONT STREET, AS SAID BAYMONT STREET IS SHOWN ON SAID RE-
SUBDIVISION OF BLOCKS 10 AND 11 AND LOTS 2 TO 15, INCLUSIVE, BLOCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH, WITH THE WESTERLY LINE OF MANDALAY
ROAD, AND RUN THESE N 20045'00" E, 182.23 FEET; THENCE N 01044'00" E, 110.51 FEETTO
THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS SHOWN AND DEDICATED
AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 420.00 FEET, MORE
OR LESS, TO THE WATER OF THE GULF OF MEXICO; THENCE IN A SOUTHERLY
DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO,
321.00 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID BAYMONT STREET; THENCE
EAST 385.00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BA YMONT STREET TO A
POINT 40.00 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 40.00 FEET TO
THE POINT OF BEGINNING.
PARCEL 2:
THE NORTH 20.00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LINE OF
LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLAT, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 1 AND 10 AND THE SOUTH 80.00 FEET OF LOT 9 OF MILLER'S REPLA T, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
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EXHIBIT B
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EXHIBIT B
Project Description
Developer proposes to redevelop the Project Site with a resort development to include related
amenities, pedestrian walkways, streets, parking and infrastructure improvements. The Project shall
include a nine-story resort hotel with not less than 240 rooms and not more than 260 rooms (the
Hotel Phase); a fifteen-story condominium (the Residential Tower Phase) and a four-story
condominium and not more than 11,000 square feet of on-grade retail (the Residential/Retail
Phase ).
The Hotel Phase will include approximately 50 for sale condominium-hotel suites located on the top
two floors, which are included in the overall hotel room count as described above. The Hotel Phase
will also include a minimum of 10,000 sf of meeting space, a minimum of 11,000 sf for Spa, Health
Club, and Beach Club, a full-service restaurant, lounge, two swimming pools, a kids wading pool,
pool grill, and other amenities associated with a beachfront resort. The building height for the Hotel
Phase will not exceed 100 feet.
The Residential Tower Phase includes one fifteen-story building with a height not to exceed 150
feet.
The Residential/Retail Phase includes one four-story building with a height not to exceed 50 feet.
The retail will be located on the ground level of the four-story building. The Residential/Retail Phase
will not exceed 11,000 sf of retail space, not more than 3,000 sf of which may be restaurant.
The Residential Tower Phase and Residential/Retail Phase shall collectively have no more than 120
dwelling units.
As provided for in this Agreement, Developer, and/or its affiliates, will carry out the redevelopment of
the Project Site by purchasing all of the land within the Project Site, preparing project plans and
specifications, obtaining approvals by governmental authorities necessary for development of the
Project, constructing various private improvements on the Project Site, and developing the Project
as a unified and integrated project.
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EXHIBIT B-1
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EXHIBIT B-1
MINIMUM QUALITY STANDARDS
The Development Agreement ("Agreement") between the City of Clearwater, Florida (the "City") and
CBR Development I, LLC ("Developer") provides for the allocation of one hundred and forty-one
(141) resort hotel units from the Beach by Design density pool ("Density pool") to the site on which
the Developer anticipates building the project described in the Agreement (the "Project Site"), which
project is to contain, among other things, a minimum of 240 hotel units within a quality resort hotel
(the "Hotel"). Beach by Design establishes physical, functional and operational requirements for a
proposed development to be eligible for an allocation of resort units from the Density pool. The
allocation of the resort hotel units to the Project Site represents a significant economic incentive for
the development of the Hotel.
The purpose of this Exhibit is to establish:
1) minimum quality standards for the proposed Hotel;
2) a process for assessing compliance with the minimum quality standards; and
3) an enforcement mechanism in the event that the Developer shall fail to comply with the
minimum quality standards.
MINIMUM QUALITY STANDARDS
The City and the Developer agree that there are two (2) alternative ways in which the Developer
may satisfy the quality requirements of Beach by Design (the "Minimum Quality Standards"):
1) Membership in (a) the AAA and obtaining and maintaining a minimum quality rating of at
least four (4) diamonds; or (b) Mobile Travel Guide ("MTG") and obtaining and
maintaining a minimum quality rating of at least four (4) stars; or (c) such other travel
marketing and rating service as the City reasonably approves ("Other Rating Service")
and obtaining a quality rating comparable to the AAA and MTG ratings described in (a)
and (b) of this subparagraph;
-or-
2) Membership in (a) the AAA and obtaining and maintaining a minimum quality rating of at
least three (3) diamonds; or (b) membership in MTG and obtaining and maintaining a
minimum quality rating of at least three (3) stars, and in addition to (a) and (b), inclusion
in the Hotel upgraded improvements and facilities as described hereinafter.
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) of the total number of AAA four (4) diamond
quality criteria for: i) exterior, ii) public areas; iii) guestrooms; iv) guestroom amenities; and v)
bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most
current edition as of the date of issuance of the building permit for the Hotel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by substantial compliance with attached schedule of "Upgrade Hotel Criteria".
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COMPLIANCE ASSESSMENT
Initial rating period
As soon as is reasonably possible after a final Certificate of Occupancy for the Hotel is
issued by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or
Other Rating Service (the II Hotel Rating Service"), such that an inspection by the Hotel Rating
Service would be reasonably expected to occur within twelve (12) months following the issuance of
the CO ("lnitiallnspection Period"). Upon receipt of the report issued by the Hotel Rating Service
("Rating Service Quality Report"), the Developer shall immediately deliver a copy of the rating report
to the City.
In the event that the Hotel Rating Service does not or is unable to inspect the Hotel within the
Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality
assessment of the Hotel from a qualified hotel/resort industry expert ("Independent Quality
Assessment") within ninety (90) days after the issuance of the CO. In the event the Developer fails
to deliver a qualified Rating Service Quality Report or a qualified Independent Quality Assessment to
the City within ninety (90) days after the first anniversary of the CO, the City may at the Developer's
expense, obtain a written opinion of an independent expert in the hotel/resort industry with regard to
the compliance of the Hotel with the Minimum Quality Standards established in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Quality Standards:
1. The Developer shall maintain compliance with the Minimum Quality Standards for a period of
ten (10) years commencing upon issuance of the CO.
2. In the event that the initial rating of the Hotel equals four (4) diamonds, four (4) stars or the
equivalent with an Other Rating Service or better, maintenance of such rating shall constitute full
compliance with the Minimum Quality Standards.
3. In the event that the initial rating of the Hotel equals three (3) diamonds, three (3) stars or the
equivalent with an Other Rating Service, and the Developer has included in the Hotel the required
upgraded improvements and facilities as described above, the maintenance of such rating shall
constitute compliance with the Minimum Quality Standards. On the fifth anniversary of the issuance
of the CO, if the most recent Rating Service Quality Service Quality Report does not address
compliance with the upgraded improvements and facilities requirement established in this Exhibit
(the "Upgrade Requirement"), the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement. If the
Developer fails to deliver a qualified opinion of compliance with the Upgrade Requirement, the City
may at the Developer's cost, obtain a written opinion of an independent expert in the hotel/resort
industry with regard to the compliance of the Hotel with the Upgrade Requirement.
FAILURE TO COMPLY
In the event that a Rating Service Quality Report, an Independent Quality Assessment or the
opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or
no longer complies with the Minimum Quality Standards established in this Exhibit or the Developer
fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment
or expert opinion, or the Hotel Rating Service that previously rating the Hotel has given notice stating
that such service has downgraded the Hotel's rated to a lower rating level ( " Rating Downgrade
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Notice"), the City shall notify Developer of default in a writing which details identifying the nature of
the default(s) ("City Quality Default Notice").
If the default(s) described in the City Quality Default Notice are based upon a Rating
Downgrade Notice, Developer shall have that period of time given to Developer by the downgrading
hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum
Quality Standard and to present to the City reasonable evidence that Developer has either prevailed
in its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is
based.
If the City Quality Default Notice is based on any basis provided for in this Exhibit other than
a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the
Developer intends to dispute the Default Notice. If the Developer does not notify the City within ten
(10) days of its intent to dispute the Default Notice, the Developer shall have thirty (30) days to cure
the default, or in the event that this is not reasonable possible to cure the default within thirty (30)
days, the Developer shall submit a sworn statement describing the steps necessary to cure the
default and to the time period necessary to cure the default and the Developer shall cure the default
within the stated period. In the event that the Developer disputes the Default Notice, the dispute
shall be resolved through expedited arbitration pursuant to the Agreement and in the event that the
Developer's dispute is resolved in the favor of the City, the Developer shall then cure the default
within thirty (30) days after resolution of the dispute or such longer period as may reasonably be
required as provided above.
In the event that a City Quality Default Notice was based on a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continued to meet the Upgrade Requirement every two (2)
years after the default is cured until the expiration or termination date of the Agreement.
Notwithstanding anything contained in this Agreement to the contrary, it shall not be
considered a default under this Agreement if the Developer must make modifications or take actions
to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken
requires the alteration of structural or architectural design elements of the Project which were
approved by the City in connection with the construction of the Project or where the cost of such
modifications or actions, including any debt service incurred by the Developer in connection
therewith, cannot be recovered over the useful life of the item to be modified, as reasonably
determined by the City and the Developer.
REMEDIES UPON EVENT OF DEFAULT
Upon the occurrence of an Event of Default which is not cured within the applicable grace or
cure period, Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred
Dollars ($2,500.00) payable to the City for each day that the defaults enumerated within the City
Quality Default Notice at issue remain uncured provided, however, that the maximum fine shall not
exceed One Million Dollars ($1,000,000).
In the event that an Event of Default occurs, the accumulated fines shall be a lien against the
Hotel component of the Developer's Property, which may, at the City's sole discretion, be enforced
through a foreclosure proceeding.
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UPGRADE HOTEL CRITERIA SCHEDULE
I. EXTERIOR
Curb Appeal: The combination of all exterior elements provides an impressive well-integrated and
excellent level of curb appeal. Excellent variety of landscaping professionally planned and
manicured. Impressive architectural features well-integrated into the surrounding area. Exterior
lighting to enhance landscaping and building architectural features.
Parking: Lighting fixtures reflect characteristics of the design of the property, physical evidence of
added security exists; excellent overall illumination.
II. PUBLIC AREAS
Furnishings and Decor. Upscale, well-appointed, and in the theme of the property; high degree of
comfort, featuring professionally fitted coverings, and abundant variety of live plants or unique dried
floral arrangements.
Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with unique area rugs.
Illumination: Light fixtures are well-appointed and of an upscale design that complements the
overall theme of the property; multi-placement provides overall excellent illumination.
Signage: Design is well-defined in harmony with the theme of the property.
Lobby/Registration Area: Spacious registration area; upgraded luggage carts; recognizable
guest-service and bellstand.
Miscellaneous: Multiple recessed phones with notepads and pens, located away from traffic areas.
Pressing is available at specific times.
Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or bar area.
Recreational Facilities: Swimming pool area is well-appointed with upscale design elements and
an excellent quality and variety of pool furniture and hot tub. Food and beverage is available
poolside. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
Meeting Rooms: Variety of well-appointed meeting rooms with upscale design elements.
Audiovisual equipment available.
Restrooms: Upscale facilities appropriate for the number of meeting rooms.
Additional Recreational Facilities: Excellent variety of additional offsite recreational activities is
available on site or arrangements are made for off-site services.
Sundries and Other Shops: Upscale gift shop.
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III. GUESTROOMS
Free Floor Space: Well-proportioned rooms with comfortable seating area with obvious degree of
spaciousness allowing increased ease of movement for guests.
Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end stone floors.
Clothes Hanging Space: Fully enclosed hanging space with at least eight open-hook wood
hangers.
Clothes Storage Space: Sufficient space for two pieces of luggage; upgraded racks or benches.
Furniture: Excellent quality furnishings, veneer finish with solid wood insets.
Heating/Air Conditioning: Central system with room thermostat control.
Illumination: Excellent overall illumination provided; freestanding fixtures in appropriate places.
Television Placement: Television located in closed armoire or flat screen monitor.
Balconies: Over 75% of rooms with balcony.
IV. GUESTROOM AMENITIES
Multiple or cordless telephones. High-speed Internet access. Easily accessible data ports. Desk.
Enhanced guest-service directory in folder. Upgraded stationary. Framed or beveled full-length
mirror. Full-size iron and ironing board. Mini-Bar or refrigerator. DVD players or premium movie
channels, oversized television with remote control. Clock radio.
V. GUEST BATHROOMS
Countertops: Excellent quality utilizing granite, corian or marble with ample surface area.
Wall and Floor Coverings: Excellent quality, including ceramic tile, marble or granite flooring.
Free Floor Space: Excellent size bathrooms affording guests increased ease of movement and
comfort.
Amenities: Excellent quality plush towels, oversized. Facial tissues of excellent quality in
decorative container. Freestanding hair dryer. Bathroom area rug. Make-up mirror.
VII. SERVICE
Room service available 16 hours per day. Valet parking is available. Baggage assistance is
automatic. Concierge service available. Morning newspaper delivered to room door. All associates
are appropriately attired with fine uniforms and nameplates. Same day cleaning and pressing
available 5 days a week.
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EXHIBIT B-2
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EXHIBIT B-2
Beach Property Description
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EXHIBIT B-3
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EXHIBIT B-3
Upland Property Description
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EXHIBIT C
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EXHIBIT D
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EXHIBIT D
Project Development Schedule
Phase
Estimated
Commencement Date
Estimated
Completion Date
Hotel
July 1, 2005
July 1, 2005
July 1, 2006
February 1, 2007
Residential Tower
July 1, 2007
Residential/Retail
January 1, 2008
Developer reserves the right to change the commencement order of any \ phase. Estimated
commencement dates are subject to marketing conditions and permitting timelines.
Section 7.02 of the Development Agreement provides deadlines for Commencement and
Completion of each Phase of the Project as follows:
Phase Deadline for Commencement
Deadline for Completion
Hotel See definition for "Hotel
Commencement Deadline" in
Section 7.02.1.a.
Two (2) years after Commencement
Date of Hotel Phase
Residential Tower See definition for "Hotel
Commencement Deadline" in
Section 7.02.1.a.
Two (2) years after Commencement
Date of Residential Tower Phase
Residential/Retail Two (2) years after Hotel
Commencement Deadline
Eighteen (18) months after
Commencement Date of
Residential/Retail Phase
The foregoing deadlines shall be incorporated into the Development Order for the Project.
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EXHIBIT E
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EXHIBIT E
Covenant Regarding Trip Generation Management Program
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is madeasofthe_day
of ,200_ by CBR Development I, LLC ("DEVELOPER").
DEVELOPER is the owner of fee simple title to all of the real property described in Exhibit 1
attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater
has amended its Comprehensive Plan to designate Clearwater Beach as a Community
Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to
implement the provisions of Beach by Design, a preliminary design for the revitalization of
Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provide for
the allocation of bonus resort units as an incentive for the development of destination quality resorts
with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a
Community Redevelopment District, the allocation of bonus resort units is subject to compliance with
a series of performance standards, including a requirement that the resort hotel to be developed on
the Real Property implements a trip generation management program to reduce the number of
vehicle trips generated by the used and operation of the Real Property.
The City of Clearwater has granted, by City Commission Resolution passed
and approved on , DEVELOPER's application for an allocation of bonus resort
units pursuant to the provisions of the designation of Clearwater Beach as a Community
Redevelopment District and subject to compliance with the requirements of the designation of
Clearwater Beach as a Community Redevelopment District. DEVELOPER desires for itself, and its
successors and assigns, as owners to establish certain rights, duties, obligations and
responsibilities with respect to the use and operation of the Real Property in accordance with the
terms and conditions of the allocation of bonus resort units to Clearwater and the designation of
Clearwater Beach as a Community Redevelopment District, which rights, duties, obligations and
responsibilities shall be binding on any and all successors and assigns and will run with the title to
the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of bonus resort units to
DEVELOPER and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, DEVELOPER hereby declares, covenants, and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of DEVELOPER and its successors and assigns and shall be enforceable by them
and also for the benefit of the residents of the City of Clearwater, Florida, and shall
be enforceable on behalf of the said residents exclusively by the City Commission of
the City of Clearwater.
2. Covenant to Prepare and Implement a Trip Generation Manaoement Prooram.
DEVELOPER hereby covenants and agrees to the development, use, and operation
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of the Real Property in accordance with the provisions of this Declaration.
2.1 Trip Generation ManaQement Proaram. DEVELOPER shall prepare a Trip
Generation Management Program which includes, at a minimum, the
program elements which are set out in Exhibit~, which is attached hereto
and incorporated herein.
2.2 Implementation. DEVELOPER shall take all necessary and appropriate steps
to implement the approved Trip Generation Management Program and the
selected management strategies.
3. Effective Date. This Declaration shall become effective immediately upon its
recording.
4. Governina Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5. Recordina. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Court of Pinellas County, Florida.
6. Attornevs Fees. DEVELOPER shall reimburse the City of Clearwater for any
expenses, including attorneys' fees, which are incurred by the City of Clearwater in
the event that the City determines that it is necessary and appropriate to seek judicial
enforcement of this Declaration and the City obtains relief, whether by agreement of
the parties or through order of the Court.
7. Severabilitv. If any provision, or part hereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to
be invalid or unenforceable, the remainder of this Declaration, or the application of
such provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
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IN WITNESS WHEREOF, CBR Development I, LLC has caused this Declaration of
Covenants and Restrictions to be executed this day of
,200_.
Signed and sealed delivered
In the presence of:
CBR DEVELOPMENT I, LLC,
a Florida limited liability company
By: CBR Communities I, Ltd.,
a Florida limited partnership
Managing Member
By: JMC Communities of Clearwater V, Inc.
a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
200_, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida
corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the
Managing Member of CBR Development I, LLC, a Florida limited liability company, who is 0
personally known to me or 0 has produced a Florida driver's license or 0
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
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EXHIBIT 1
PARCEL 1:
THAT PART OF TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AND LOTS 2 TO 15,
INCLUSIVE, BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 19, PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3.68 ACRES,
TO THE POINT OF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH
LINE OF BA YMONT STREET, AS SAID BA YMONT STREET IS SHOWN ON SAID RE-
SUBDIVISION OF BLOCKS 10 AND 11 AND LOTS 2 TO 15, INCLUSIVE, BLOCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH, WITH THE WESTERLY LINE OF MANDALAY
ROAD, AND RUN THESE N 20045'00" E, 182.23 FEET; THENCE N 01044'00" E, 110.51 FEET TO
THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS SHOWN AND DEDICATED
AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 420.00 FEET, MORE
OR LESS, TO THE WATER OF THE GULF OF MEXICO; THENCE IN A SOUTHERLY
DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO,
321.00 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID BA YMONT STREET; THENCE
EAST 385.00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BA YMONT STREET TO A
POINT 40.00 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 40.00 FEET TO
THE POINT OF BEGINNING.
PARCEL 2:
THE NORTH 20.00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LINE OF
LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLA T, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 1 AND 10 AND THE SOUTH 80.00 FEET OF LOT 9 OF MILLER'S REPLAT, AS
RECORDED IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
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EXHIBIT 2
TRIP GENERATION MANGEMENT PROGRAM
1. Prior to issuance of the Certificate of Occupancy for the Project, the DEVELOPER shall
implement a Transportation System Management Plan. This Plan shall establish practices,
procedures, and costs/fees for services to reduce the number of trips to and from the site.
Examples of methods, which may be considered are:
a. Guest shuttle services/airport
b. Guest shuttle services/activities
c. Employee shuttle
d. Non-motorized modes for guests
e. Fixed route transit
f. Taxis/demand responsive transit
g. Non-motorized modes for employees
h. Staggered working hours
The plan will address the trip characteristics of resort occupancy, compare and contrast the
generation and reduction methods against non transient units and create a supporting trip
utilization projection for the Beach bv DesiQn transit proposal from both hotel visitors and
garage patrons. The plan will apply a best methods approach. City and County
transportation programs may also generate additional methods based on special studies or
intergovernmental program funding (County-wide Gulfview Trolley System).
2. Prior to issuance of a Certificate of Occupancy for the Project, the DEVELOPER shall submit
a Hurricane Evacuation Plan to the City. This Plan shall establish practices and procedures
to be implemented when a hurricane watch is established for Clearwater. These practices
and procedures will lead to evacuation of the Project when a hurricane watch is issued for
Clearwater.
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EXHIBIT F
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EXHIBIT F
Covenant Regarding Hurricane Watch Closure
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the _ day
of ,200 ,by CBR DEVELOPMENT I, LLC, a Florida limited liability company
("DEVELOPER").
DEVELOPER is the owner of fee simple title to all of the real property described in Exhibit "A"
attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater has
amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment
District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions
of Beach by Design, a preliminary design for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provides for
the allocation of bonus hotel units as an incentive for the development of destination quality resorts
with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a
Community Redevelopment District, the allocation of bonus hotel units is subject to compliance with
a series of performance standards, including a requirement that resorts developed with bonus hotel
units pursuant to the Community Redevelopment District shall be closed and all guests evacuated
from the resort within twelve (12) hours after the National Hurricane Center posts a hurricane watch
that includes Clearwater Beach. The purpose of the evacuation of the Real Property within twelve
(12) hours of the issuance of a hurricane watch is to ensure that the Real Property is evacuated in
advance of the period of time when a hurricane evacuation would be expected in advance of the
approach of hurricane force winds.
The City of Clearwater has granted, by City Council Resolution , passed and
approved on , DEVELOPER'S application for an allocation of bonus hotel units
pursuant to the provisions of the designation of Clearwater Beach as a Community Redevelopment
District subject to compliance with the requirements of the designation of Clearwater Beach as a
Community Redevelopment District. DEVELOPER desires for itself and its successors and assigns,
as owners to establish certain rights, duties, obligations and responsibilities with respect to the use
and operation of the Real Property in accordance with the terms and conditions of the allocation of
bonus hotel units to Clearwater and the designation of Clearwater Beach as a Community
Redevelopment District, which rights, duties, obligations and responsibilities shall be binding on any
and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of bonus resort units to
DEVELOPER, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, DEVELOPER hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of DEVELOPER and its successors and assigns, and shall be enforceable by it and
also for the benefit of the residents of the City of Clearwater, Florida, and shall be
enforceable on behalf of the said residents by the City Commission of the City of
Clearwater.
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2. Covenant of Development. Use. and Operation. DEVELOPER hereby covenants
and agrees to the development, use, and operation of the Real Property in
accordance with the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of two hundred (200) units shall be made available to
transient guests for no fewer than three hundred thirty (330) days in
any calendar year, subject to force majeure events making such
room unavailable for occupancy, must be licensed as a public
lodging establishment and classified as a hotel, and must be
operated by a single licensed operator of the hotel who shall meet
the requirements as to operating standards as set forth in Exhibit B-1
to Development Agreement between the City of Clearwater and
Developer dated , 200_.
2.1.2 All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less.
2.1.3 No hotel unit shall be used as a primary or permanent residence.
2.1.4 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "resort condominium," and "operator" shall
have the meanings given to such terms in Chapter 509, Part I,
Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The improvements developed on
the Real Property shall be promptly closed upon the issuance of a hurricane
watch by the National Hurricane Center which hurricane watch includes
Clearwater Beach and all guests, visitors, and employees, other than
emergency and security personnel required to protect the improvements,
shall be evacuated from the Real Property within twelve (12) hours of the
issuance of said hurricane watch. In the event that the National Hurricane
Center shall modify the terminology employed to warn of the approach of
hurricane force winds, the closure and evacuation provisions of this
Declaration shall be governed by the level of warning employed by the
National hurricane Center which precedes the issuance of a forecast of
probable landfall in order to ensure that the guests, visitors, and employees
will be evacuated substantially in advance of the issuance of a forecast of
probable landfall.
3. Effective Date. This Declaration shall become effective immediately upon its
recording.
4. Governino Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5. Recordino. This Declaration shall be recorded in the chain of title of the Real
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Property with the Clerk of the Courts of Pinellas County, Florida.
6. Attornevs Fees. DEVELOPER shall reimburse the City of Clearwater for any
expenses, including attorneys fees, which are incurred by the City of Clearwater in
the event that the City determines that it is necessary and appropriate to seek judicial
enforcement of these Declarations and the City obtains relief, whether by agreement
of the parties or through order of the Court.
7. Severabilitv. If any provisions, or part thereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to
be invalid or unenforceable, the remainder of this Declaration, or the application of
such provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, CBR Development I, LLC, has caused this Declaration of
Covenants and Restrictions to be executed this day of , 2004.
Signed and sealed delivered
In the presence of:
CBR DEVELOPMENT I, LLC,
a Florida limited liability company
By: CBR Communities I, Ltd.,
a Florida limited partnership
Managing Member
By: JMC Communities of Clearwater V, Inc.
a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
2004, by J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida
corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the
Managing Member of CBR Development I, LLC, a Florida limited liability company, who is 0
personally known to me or 0 has produced a Florida driver's license or 0
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
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EXHIBIT "A"
SOUTH BLOCK
Lots 1 - 13 and 49 - 56, Clearwater Beach Park, as per plat thereof recorded in Plat Book 10, Page
42, of the Public Records of Pinellas County, Florida.
Lots 43 through 48, Lots 65 through 71 , and the South 14.75 feet of Lot 64, CLEARWATER BEACH
PARK, as recorded in Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida.
NORTH BLOCK
PARCEL 1:
THAT PART OF TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AND LOTS 2 TO 15,
INCLUSIVE, BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 19, PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3.68 ACRES,
TO THE POINT OF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH
LINE OF BAYMONT STREET, AS SAID BAYMONT STREET IS SHOWN ON SAID RE-
SUBDIVISION OF BLOCKS 10 AND 11 AND LOTS 2 TO 15, INCLUSIVE, BLOCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH, WITH THE WESTERLY LINE OF MANDALAY
ROAD, AND RUN THESE N 20045'00" E, 182.23 FEET; THENCE N 01044'00" E, 110.51 FEETTO
THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS SHOWN AND DEDICATED
AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 420.00 FEET, MORE
OR LESS, TO THE WATER OF THE GULF OF MEXICO; THENCE IN A SOUTHERLY
DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO,
321.00 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID BAYMONT STREET; THENCE
EAST 385.00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BAYMONT STREET TO A
POINT 40.00 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 40.00 FEET TO
THE POINT OF BEGINNING.
PARCEL 2:
THE NORTH 20.00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LINE OF
LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLA T, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 1 AND 10 AND THE SOUTH 80.00 FEET OF LOT 9 OF MILLER'S REPLAT, AS
RECORDED IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
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EXHIBIT G
Development Agreement
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EXHIBIT G
List of Required Permits
The following Permits/Approvals will be required and issued for development.
Permits
· City of Clearwater - Building Permit
· City of Clearwater - Right of Way Use Permit
· FDEP - CCCL Permit
· FDEP - Sewer Permit
· FDEP - National Pollution Discharge Elimination System Permit
· Pinellas County Health Department - Water
· SWFWMD - Environmental Resource Permit
· SWFWMD, Army Corps, Fish & Wildlife - Boat Docks
Approvals
· Community Development Board - Site Plan
· Clearwater City Council - Development Agreement
· City of Clearwater Board of Adjustments - Seawall Setback Variance
· City of Clearwater Board of Adjustments - Flood Zone Improvements
· City Council - Vacation of Gulfview Boulevard
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EXHIBIT H
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EXHIBIT H
Mandalay Improvements
The Mandalay Improvements include the following work to be done in the City right-of-way along
Mandalay Avenue between Baymont Street and Ambler Street:
By THE CITY OF CLEARWATER
· Effective treatment for lift station odor caused by hydrogen sulfide gases.
By THE DEVELOPER
. Realignment of the street curb as depicted on site plan attached as Exhibit H-1.
. Installation of City concrete sidewalk as depicted on attached site plan. Sidewalk finish to
have the same "shell" finish as other recently installed City sidewalks in the area. All
landscaping on the west side of Mandalay Avenue as depicted on attached site plan.
. Adjustments to street lighting or other utilities deemed necessary as a result of the above
improvements.
. Relocation of overhead utilities to underground.
. Signs, and other streetscape improvements as depicted on the attached site plan.
. Relocation of the electrical panels at the City's lift station to the location, as depicted on
Exhibit H-2, in accordance with City requirements attached as Exhibit H-3.
. Design and construct Mandalay Drainage Improvements:
stormwater outfall for Hotel Phase. Outfall to be to Clearwater Harbor
approximately 700 feet north of the centerline of Baymont Street. Drainage
from Baymont Street and the "pool area" of the Hotel Phase will drain to the
Baymont drainage system that flows easterly along Baymont to Clearwater
Harbor.
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EXHIBIT H-1
Development Agreement
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EXHIBIT H-2
Development Agreement
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EXHIBIT H-3
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EXHIBIT H-3
City Lift Station Requirements:
1. New electrical equipment should be provided. This will allow continued operation of the
lift station uninhibited until the new equipment is ready to be placed in service.
2. Spare conduits will be installed for use as needed by the City.
3. Easements will be granted to the City over the building room and conduit corridor.
4. All work will be approved by the City before construction. All permits must be paid for
and obtained by the Developer.
5. The electrical control room must be of sufficient size to allow future equipment
improvements and accommodate at least two electricians working in the area. The room should
either have a window or the resort understands the door will remain open when needed, so
maintenance staff has line of site view to the wet well. The room must be climate controlled.
6. Locks for the room will be City standard. The City cannot provide City keys to private
entities.
7. An HOA (Hand, Off, Automatic) panel must be at the wet well area for control of the
station.
8. The development will provide backup generator power on the line side of the power feed
for the lift station.
9. A generator receptacle must be provided at the lift station.
10. There must be an area light to illuminate the lift station area.
11. There cannot be any overhead restrictions in the lift station area.
12. A second odor control unit is suggested to help ensure that odors do not escape the lift
station area.
13. Developer agrees that the lift station site is a valuable City asset, and maintenance must
be performed, as the City deems necessary, to ensure the proper operation. Maintenance may
include use of heavy equipment, such as a vacuum, crane, generator, etc. Developer will not
inhibit any activities the City deems necessary to ensure operation of the lift station.
NOTE: City will grant Developer impact fee credits for cost of replacement equipment provided
to City.
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EXHIBIT I
Development Agreement
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EXHIBIT I
Baymont Improvements
The Baymont Improvements include the following work to be done in the City right-of-way along
that portion of Baymont Street which is located to the west of Mandalay Avenue.
By THE CITY OF CLEARWATER
· None
By THE DEVELOPER
. Landscaping, and other streetscape improvements as depicted on site plan attached as
Exhibit 1-1.
. New street curbs as depicted on approved site plan, including realignment of the curb on the
north side of the street.
. Elimination of the five public parking spaces along the north side of the street in order to
accommodate the hotel vehicular entries as depicted on attached site plan.
. Creating a cul-de-sac at the western end of Baymont and repaving using pavers the same
as or similar to the pavers on Papaya Street and San Marco Street.
. New City concrete sidewalks as depicted on approved site plan, including the sidewalk from
the westerly end of the cul-de-sac heading west to the beach. Sidewalk finish to have the
same "shell" finish as other recently installed City sidewalks in the area, or a mutually
approved paver alternate.
. Adjustments to street lighting and/or other utilities deemed necessary as a result of the
above improvements.
. Relocation of overhead utilities to underground.
. Traffic Operations Division has determined the need for an exclusive right turn lane. The City
will allow the Project to proceed per plan; however once the Project is completed the
Developer shall conduct periodic delay studies every four months at the intersection of
Baymont Street and Mandalay Avenue for one year after the date of the Construction
Completion Certificate issued by the City. The study shall analyze the delay for each
eastbound movement and the impacts on the intersection as well as count the pedestrian
traffic on all four approaches of the intersection. The study shall be submitted to "Traffic
Operations" for review. If it is determined by "Traffic Operations" that the right turn lane is
needed then the Developer shall install the lane at its expense.
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EXHIBIT 1-1
Development Agreement
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Development Agreement
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EXHIBIT J
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EXHIBIT J
Ambler Improvements
The Ambler improvements include the following work to be done in the City right-of-way along
Ambler Street:
By THE CITY OF CLEARWATER
· None
By THE DEVELOPER
. Construct certain portions of hotel above Ambler pedestrian easement while still maintaining
on-grade vehicular and pedestrian access consistent with current as-built conditions.
Vertical clearance shall be a minimum of 7'6" consistent with current clearance.
. Re-grading and repaving portions of Ambler Street as deemed necessary to function
effectively with the ground level hotel design.
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EXHIBIT K
Development Agreement
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EXHIBIT K
San Marco Improvements
The San Marco improvements include the following work to be done in the City right-of-way along
San Marco Street west of Mandalay Avenue.
By THE CITY OF CLEARWATER
· Reimburse Developer for the cost of design, permitting and storm sewer construction.
By THE DEVELOPER
. Install new sanitary sewer line from westernmost sanitary manhole in San Marco Street and
connect to manhole in Mandalay Avenue. New sanitary sewer line will require removal of
asphalt and pavers on the north half of San Marco.
. Design, permit and construct storm sewer outfall for Residential! Retail phase, including
drainage from San Marco. Outfall to connect to storm sewer on Mandalay Avenue.
. San Marco access to adjacent non-developer controlled properties will be maintained.
. Provide dumpster collection area and relocate sidewalk and landscaping in dumpster area
as per approved site plan.
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EXHIBIT L
Development Agreement
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EXHIBIT L
Amenity Improvements
The amenity improvements as listed below are generally those improvements which will be located
seaward of the Coastal Construction Control Line (CCCL) and/or located at a lower elevation than
the V-zone Flood Line. Please note it is the Developer's intent to minimize improvements that could
be considered non-conforming with FEMA Guidelines, .and as a result of these improvements, there
will be a net reduction of approximately 30,000 square feet of habitable space currently below the V-
Zone elevation.
.
Parking, storage and building access points as depicted on approved site plan.
.
Pools, pool decks, boardwalks, pool restrooms, and pool equipment as depicted on
approved site plan.
.
Open-sided gazebo as depicted on approved site plan.
.
Poolside bar and grill, with natural gas grill, sink and removable refrigerator/ice machine as
depicted on approved site plan.
.
Portion of existing structures renovated into a beach social room, storage and baths as
depicted on approved site plan.
.
Landscape as depicted on approved site plan.
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EXHIBIT M
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EXHIBIT M
Covenant of Unified Use
THIS INSTRUMENT PREPARED BY
AND WHEN RECORDED, RETURN TO:
Robert F. Greene, Esquire
Greene & Schermer
1301 Sixth Avenue W, Suite 400
Bradenton, Florida 34205
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of
, 200_ (the "Effective Date") by CBR DEVELOPMENT I, LLC, a Florida
limited liability company and CBR DEVELOPMENT II, LLC, a Florida limited liability company
("collectively, Owner").
W 11 N E~~EI H:
WHEREAS, Owner is the owner of the real property legally described on Exhibit A attached
hereto and incorporated herein by reference (the "Property"); and
WHEREAS, Owner and the City of Clearwater (the "City") are parties to that certain
Development Agreement dated ,200_, (the "Development
Agreemenf') pursuant to which the City has agreed that Owner may develop and construct upon the
Property a multi-use project consisting of not less than 240 and not more than 260 hotel units
(including condominium hotel units), not more than 120 residential condominium units and not more
than 11,000 square feet of retail space and a minimum of 431 parking spaces all as more
particularly described in the Development Agreement; and
WHEREAS, Owner has agreed that the Property shall be developed and operated for a
unified use, as more particularly described hereinbelow.
NOW THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner does
hereby agree that the Property shall be developed and operated as a unified mixed-use project such
that the components shall have certain shared parking facilities as shown on the approved site plan.
The restrictions set forth in the preceding sentence shall survive for a period of twenty (20) years
from the Effective Date of this Agreement. Nothing in this Agreement shall preclude the purchase
and sale of the residential units and condominium hotel units and all other components of the mixed-
use project constructed upon the Property to separate, unrelated third-party owners, so long as all
components of the project are operated with the shared parking facilities throughout the term of this
Agreement. Owner agrees that the City shall have the right to enforce the terms and conditions of
this Agreement.
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IN WITNESS WHEREOF, the undersigned has executed this Covenant of Unified Use
effective the day and year first above written.
Witnesses:
CBR DEVELOPMENT I, LLC,
a Florida limited liability company
By:
CBR Communities I, Ltd.,
a Florida limited partnership
Managing Member
Print Name:
Print Name:
By: JMC Communities of Clearwater V, Inc.
a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
,200_, J. Michael Cheezem, as CEO of JMC Communities of Clearwater
V, Inc., a Florida corporation, the General Partner of CBR Communities I, Ltd., a Florida limited
partnership, the Managing Member of CBR Development I, LLC, a Florida limited liability company,
who is 0 personally known to me or 0 has produced a Florida driver's license or 0
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
Development Agreement
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Witnesses:
CBR DEVELOPMENT II, LLC,
a Florida limited liability company
By:
CBR Communities II, Ltd.,
a Florida limited partnership
Managing Member
Print Name:
Print Name:
By: JMC Communities of Clearwater VI, Inc.
a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
,200_, J. Michael Cheezem, as CEO of JMC Communities of Clearwater
VI, Inc., a Florida corporation, the General Partner of CBR Communities II, Ltd., a Florida limited
partnership, the Managing Member of CBR Development II, LLC, a Florida limited liability company,
who is D personally known to me or D has produced a Florida driver's license or D
as identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
Development Agreement
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EXHIBIT A
SOUTH BLOCK
Lots 1 - 13 and 49 - 56, Clearwater Beach Park, as per plat thereof recorded in Plat Book 10, Page
42, of the Public Records of Pinellas County, Florida.
Lots 43 through 48, Lots 65 through 71, and the South 14.75 feet of Lot 64, CLEARWATER BEACH
PARK, as recorded in Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida.
NORTH BLOCK
PARCEL 1:
THAT PART OF TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AND LOTS 2 TO 15,
INCLUSIVE, BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 19, PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3.68 ACRES,
TO THE POINT OF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH
LINE OF BAYMONT STREET, AS SAID BAYMONT STREET IS SHOWN ON SAID RE-
SUBDIVISION OF BLOCKS 10 AND 11 AND LOTS 2 TO 15, INCLUSIVE, BLOCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH, WITH THE WESTERLY LINE OF MANDALAY
ROAD, AND RUN THESE N 20045'00" E, 182.23 FEET; THENCE N 01044'00" E, 110.51 FEET TO
THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS SHOWN AND DEDICATED
AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 420.00 FEET, MORE
OR LESS, TO THE WATER OF THE GULF OF MEXICO; THENCE IN A SOUTHERLY
DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO,
321.00 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID BA YMONT STREET; THENCE
EAST 385.00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BA YMONT STREET TO A
POINT 40.00 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 40.00 FEET TO
THE POINT OF BEGINNING.
PARCEL 2:
THE NORTH 20.00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LINE OF
LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLA T, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 1 AND 10 AND THE SOUTH 80.00 FEET OF LOT 9 OF MILLER'S REPLAT, AS
RECORDED IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
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EXHIBIT N
Development Agreement
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Development Agreement
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EXHIBIT N.1
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EXHIBIT N.1
BOAT DOCK AGREEMENT
AGREEMENT
This Agreement (the "Agreement") is made as of this _ day of ,200_,
by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the
"City") and CBR DEVELOPMENT I, LLC, a Florida limited liability company (the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater and Developer have entered into a Development
Agreement for Property in the City of Clearwater of even effective date (the "Development
Agreement");
WHEREAS, Section 5.03.10 of the Development Agreement provides for the City and
Developer to enter into an agreement providing for the construction of shared boat docking facilities
("Boat Dock Facilities") within a boat basin ("Boat Basin') adjoining City owned real property ("City
Property"), which Boat Basin and Boat Docking Facilities are conceptually depicted on the attached
Exhibit "A";
WHEREAS, the construction and use ofthe Boat Docking Facilities will further the objectives
of the City and facilitate the development by Developer of the mixed use resort Project, as provided
in the Development Agreement;
WHEREAS, at a duly called public meeting on ,200_, the City Council
approved this Agreement, and authorized and directed its execution by the appropriate officials of
the City; and
WHEREAS, the members of Developer have approved this Agreement and have authorized
the undersigned individual to execute this Agreement on its behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The capitalized terms used in this Agreement that are not defined shall have
the meanings given to such terms in the Development Agreement.
1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the
context shall otherwise indicate, the singular shall include the plural as well as the singular
number, and the word "person" shall include corporations and associations, limited liability
corporations and partnerships, including public bodies, as well as natural persons. "Herein,"
"hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement and not solely to the particular portion thereof in which any such
word is used.
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1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2004), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FAICLlTIES.
2.01. Finding of Public Purpose and Benefit. The proposed Boat Docking Facilities, including
the design, construction, completion and use of the Boat Docking Facilities, is hereby found
by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the
Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida
law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and
objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to
implement Beach by Design, including the creation of the new quality hotel resort to be
constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation
of Beach by Design by providing for the development of the Boat Docking Facilities, all to
enhance the quality of life, increase employment and improve the aesthetic and useful
enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the
Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with
the provisions of Florida law.
2.03. Scope of the Project.
1. The Boat Docking Facilities are contemplated to include a central pier, finger piers
and associated pilings as conceptually depicted on the attached Exhibit "A", which
will accommodate a maximum of 57 boat slips ("Boat Slips"). The Developer and its
designated successors and assigns shall have the right to utilize exclusively sixty-
seven percent (67%) of the Boat Slips so long as the Boat Docking Facilities
continue to exist ("Developer Slips"). The City shall have the right to control the use
of all remaining Boat Slips ("City Slips"). The City shall have the right to utilize the
City Slips for day docking or for any other purpose permitted by the SSLL (hereafter
defined).
2. The Developer shall have the right to install a gate or other access/security
improvements on the central pier at the location on the pier that the Developer Slips
begin.
3. The Developer shall have the right, at its expense, to install water and electric lines
serving the Developer Slips and the City shall cooperate as to extension and
connection of such utilities. All utilities provided to the Developer Boat Slips shall be
separately metered and Developer shall pay all utility connection and usage charges.
Utilities shall not be provided by Developer to the City Slips.
4. Developer shall pay for all maintenance and repair costs for the Boat Slip Facilities,
including costs relating to the City Slips.
5. Developer agrees that use of the Developer Boat Slips shall be limited to owners,
tenants and guests of the Project and any sublease or assignment by Developer of
rights to utilize Developer Boat Slips shall be limited to Project owners.
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6. During the term of this Agreement, Developer shall provide a shuttle service to the
Boat Docking Facilities from the Project.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development of the Boat Docking Facilities and each component thereof is dependent upon
the continued cooperation of the City and the Developer, and each agrees that it shall act in a
reasonable manner hereunder, provide the other party with complete and updated information
from time to time, with respect to the conditions such party is responsible for satisfying
hereunder and make its good faith reasonable efforts to ensure that such cooperation is
continuous, the purposes of this Agreement are carried out to the full extent contemplated
hereby and the Boat Docking Facilities are designed, constructed, completed and used as
provided herein.
ARTICLE 3. REGULATORY PROCESS.
3.01 Development Approvals and Permits.
1. Applications for Development Approval. The Developer shall prepare and submit to
the appropriate governmental authorities, including the City, applications for approval
of the State of Florida Sovereignty Submerged Lands Lease ("SSLL"), all required
permits ("Permits"), and all plans and specifications ("Plans and Specifications")
necessary for the Boat Docking Facilities, and shall bear all costs of preparing such
applications, applying for and obtaining such approvals and permits, including
payment of any and all applicable application, inspection, and regulatory fees or
charges. The City shall, to the extent possible, expedite review of all applications.
The failure of this Agreement to address a particular permit, condition, or term of
restriction shall not relieve the Developer of the necessity of complying with the law
governing said permitting requirements, conditions, terms or restrictions.
2. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining the SSLL and all necessary Permits required for the construction,
completion and use of the Boat Docking Facilities. If requested by the Developer and
authorized by law, the City will join file or in the filing of any application for the SSLL
or any Permit, or, alternatively, recommend to and urge any governmental authority
that such SSLL or Permit be issued or approved.
3. City Authority Preserved. The City's duties, obligations, or responsibilities under any
section ofthis Agreement, specifically including, but not limited to, this Section 3.02,
shall not affect the City's right, duty, obligation, authority and power to act in its
governmental or regulatory capacity in accordance with applicable laws, ordinances,
codes or other building regulations. Notwithstanding any other provision of this
Agreement, any required permitting, licensing or other regulatory approvals by the
City shall be subject to the established procedures and substantive requirements of
the City with respect to review and permitting of a project of a similar or comparable
nature, size and scope. In no event shall the City, due to any provision of this
Agreement, be obligated to take any action concerning regulatory approvals except
through its established procedures and in accordance with applicable provisions of
law.
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3.02. Concurrency.
1. Concurrencv Reauired. The parties hereto recognize and acknowledge that Florida
law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J-5, Florida
Administrative Code, collectively the "Growth Management Act") imposes restrictions
on development if adequate public improvements are not available concurrently with
that development to absorb and handle the demand on public services caused by
development. The City has created and implemented a system for monitoring the
effects of development on public services within the City. The Developer recognizes
and acknowledges it must satisfy the concurrency requirements of Florida law and
the City's regulations as applied to the Boat Docking Facilities.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as of the
Effective Date ofthis Agreement, the Boat Docking Facilities satisfy the concurrency
requirements of Florida law. The City agrees to reserve the required capacity to
serve the Boat Docking Facilities for the Developer and to maintain such capacity for
a period of three (3) years from the Effective Date of this Agreement and that such
period shall be automatically extended for an additional three (3) years if the
Developer commences construction within the initial three (3) year period. The City
recognizes and acknowledges that the Developer will rely upon such reservation in
proceeding with the Boat Docking Facilities.
3. Reauired Public Facilities. In addition to the obligations of the City and the
Developer set out in Article 5 of this Agreement, the Water Utilities Department of
the City will provide potable water service to the Boat Docking Facilities.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibility for Preparation of Plans and Specifications. The Developer shall be
solely responsible for and shall pay the cost of preparing, submitting and obtaining
approval of the Plans and Specifications for the Boat Docking Facilities.
2. Use of Qualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall cause such professionals to prepare
the Plans and Specifications.
ARTICLE 5. DEVELOPMENT OF BOAT DOCKING FACILITIES.
5.01. Ownership of City Property. The City is the owner the City Property which is more
particularly described in Exhibit liB" to this Agreement and has the littoral (riparian) rights
required to apply for the SSLL.
5.02. Boat Basin. The Boat Basin in which the Boat Docking Facilities are to be constructed
adjoins the City Property, is located on State of Florida sovereignty submerged lands, and is
depicted on the attached Exhibit liB".
5.03. Obligations of the City.
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1. SSLL. The Developer shall, at its expense, cause to be prepared the application for
the SSLL. The City shall execute and file with the State of Florida such application.
The City shall cooperate with the Developer with required processing of the
application for the SSLL and upon approval, shall execute and deliver the SSLL to
the State of Florida. So long as this Agreement remains in effect, the City shall assist
Developer and timely apply for renewals of the SSLL. Developer shall pay all lease
and other payments due the State of Florida pursuant to the SSLL, including all
payments due for renewal terms.
2. Permits. The City will cooperate and coordinate with the Developerwith regard to all
Permit applications, including those to state agencies, and will facilitate or expedite,
to the greatest extent possible, the permit approval process.
3. Improvements. The Developer, at its expense, shall construct all improvements
constituting the Boat Docking Facilities.
4. Timely Completion. The City recognizes the public importance of the timely
completion of the proposed improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed
to permit, and agrees to implement a fast-track review, permitting, and inspection
program for the Boat Docking Facilities.
ARTICLE 6. PROJECT FINANCING.
6.01. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the
Project Lender all its right, title and interest under this Agreement as security for any
indebtedness of Developer. The execution of any assignment, security agreement, or other
instrument, or the foreclosure of the instruction or any sale under the instrument, either by
judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or
conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the
existence of any right, power, or privilege reserved in any instrument, shall not be held as a
violation of any of the terms or conditions of this Agreement, or as an assumption by the
holder of such indebtedness personally of the obligations of this Agreement. No such
assignment, foreclosure, conveyance or exercise of right shall relieve Developer from its
liability under this Agreement.
6.02. Cooperation. The City and the Developer shall cooperate as to reasonable requests for
assurances any proposed Project Lender for the purpose of implementing the mortgagee
protection provisions contained in this Agreement and allowing the Project Lender
reasonable means to protect or preserve the liens of such Project Lender upon the
occurrence of a default under the terms of this Agreement.
ARTICLE 7. CONSTRUCTION OF PROJECT.
7.01. Site. The Developer shall be responsible for all site investigation and environmental testing.
7.02. Construction of Boat Docking Facilities.
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1.
a.
Commencement. Developer shall construct the Boat Docking Facilities
substantially in accordance with the Plans and Specifications therefor.
Developer shall commence construction of the Boat Docking Facilities
("Commencement Date") on or before one (1) year after receipt of the SSLL
and all Permits, and expiration or resolution of all appeal/challenges thereto
("Approval Effective Date").
b. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of the Boat Docking
Facilities as authorized by the Permits therefor which is continued and
diligently prosecuted toward completion of the Boat Docking Facilities.
c. All obligations of Developer (including deadlines in the Commencement
Date) with respect to commencement and continuation of construction shall
be subject to delays and extensions from time to time for Unavoidable Delay
(see Article 15). Developer shall not be deemed to be in default of this
Agreement to the extent construction of the Boat Docking Facilities, or a part
thereof, is not complete by reason of Unavoidable Delay.
2. Pursuit of Construction. After the Commencement Date, Developer shall continue,
pursue and prosecute the construction of the Boat Docking Facilities with due
diligence to completion, and shall not at any time actually or effectively have
abandoned (or its Contractor having actually or effectively abandoned) the Boat
Docking Facilities. For purposes of this subsection 7.02.2, "abandoned" means to
have ceased any construction work which effectively advances the construction of
the Boat Docking Facilities toward completion, including removing all or substantially
all of the construction work force from the site of the Boat Docking Facilities for a
period of not less than sixty (60) days.
3. Maintenance of Construction Site. During the construction of the Boat Docking
Facilities, Developer shall, at its own expense, keep the Boat Docking Facilities and
all adjoining City Property in reasonably good order and condition.
4. Construction Comoletion. Developer agrees to complete the Boat Docking Facilities
on or before one (1) year after the Commencement Date.
7.03. City Not in Privity. The City shall not be deemed to be in privity of contract with any
Contractor or provider of services with respect to the construction of any part of the Boat
Docking Facilities not constituting all or any part of public improvements.
7.04. Construction Sequencing and Staging Area. The Developer shall construct the Boat
Docking Facilities in a manner and fashion which will minimize the inconvenience of the
construction on the property owners of Clearwater Beach and the residents of the City and
the use of the City Property. The City agrees to allow Developer to use portions of the City
Property as designated by the City for construction staging during construction of the Boat
Docking Facilities, without charge to the Developer, provided that such staging area does
not unreasonably affect the continued use of the City Property as provided for in this
Paragraph.
ARTICLE 8. INDEMNIFICATION.
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8.01. Indemnification by the Developer.
1. The Developer agrees to indemnify, defend and hold harmless, the City, its
respective agents, officers, or employees from any and all liabilities, damages,
penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees
through appellate proceedings, for personal injury, bodily injury, death or property
damage arising out of, or by reason of any act or omission of the Developer, its
agents, employees or contractors arising out of, in connection with or by reason of,
the performance of any and all services covered by this Agreement, or which are
alleged to have arisen out of, in connection with or by reason of, the performance of
any and all services covered by this Agreement.
2. The Developer shall indemnify, defend and hold harmless the City, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees
and engineering fees) arising from or attributable to any breach by the Developer, as
the case may be, of any representations or warranties contained in Section 9.01, or
covenants contained in Section 9.02.
3. The Developer's indemnity obligations under subsections (1) and (2) of this Section
shall survive the earlier of the Termination Date or the Expiration Date, but shall
apply only to occurrences, acts, or omissions that arise on or before the earlier of the
Termination Date or the Expiration Date.
4. The Developer's indemnity hereunder is in addition to and not limited by any
insurance policy and is not and shall not be interpreted as an insuring agreement
between or among the parties to this Agreement, nor as a waiver of sovereign
immunity for any party entitled to assert the defense of sovereign immunity.
8.02. Indemnification by the City.
1. To the extent permitted by law, the City agrees to indemnify, defend and hold
harmless, the Developer, its respective officers, and employees from any and all
liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses
or attorneys' fees through appellate proceedings, for personal injury, bodily injury,
death or property damage arising out of, or by reason of, any act or omission of the
City, its respective agents or employees arising out of, in connection with or by
reason of, the performance of any and all services covered by this Agreement, or
which are alleged to have arisen out of, in connection with or by reason of, the
performance of any and all services covered by this Agreement.
2. The City shall indemnify, defend and hold harmless the Developer, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees
and engineering fees) arising from or attributable to any breach by the City, as the
case may be, of any representations or warranties contained in Section 10.01, or
covenants contained in Section 10.02.
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3. The City's indemnity obligations under this Section 8.02 shall survive the earlier of
the Termination Date or the Expiration Date, but shall only apply to occurrences, acts
or omissions that arise on or before the earlier of the Termination Date or the
Expiration Date. The City's indemnity hereunder is not and shall not be interpreted
as an insuring agreement between or among the parties to this Agreement, but is in
addition to and not limited by any insurance policy provided that said obligation shall
not be greater than that permitted and shall be limited by the provisions of Section
768.28, Florida Statutes, or any successor statute thereto.
8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein,
with respect to the indemnification obligations of the Developer (as set forth in Section 8.01)
and the City (as set forth in Section 8.02), the following shall apply:
1. The indemnifying party shall not be responsible for damages that could have been,
but were not, mitigated by the indemnified party;
2. The indemnifying party shall not be responsible for that portion of any damages
caused by the negligent or willful acts or omissions of the indemnified party; and
3. There shall be no obligation to indemnify hereunder in the event that the indemnified
party (1) shall have effected a settlement of any claim without the prior written
consent of the indemnifying party, or (2) shall not have subrogated the indemnifying
party to the indemnified party's rights against any third party by an assignment to the
indemnifying party of any cause or action against such third party.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely
upon each of the following statements:
1. The Developer is a Florida Limited Liability Company duly organized and validly
existing under the laws of the State of Florida, has all requisite power and authority
to carry on its business as now conducted, to own or hold its properties and to enter
into and perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do
business in the State of Florida, and has consented to service of process upon a
designated agent for service of process in the State of Florida.
2. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the Developer is or will be a party have been duly
authorized by all necessary action on the part of, and have been or will be duly
executed and delivered by, the Developer, and neither the execution and delivery
thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires
the approval and consent of any other party, except such as have been duly
obtained or as are specifically noted herein, (ii) contravenes any existing law,
judgment, governmental rule, regulation or order applicable to or binding on the
Developer, (iii) contravenes or results in any breach of, default under or, other than
as contemplated by this Agreement, results in the creation of any lien or
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encumbrance upon any property of the Developer under any indenture, mortgage,
deed of trust, bank loan or credit agreement, the Developer's Articles of
Organization, or, any other agreement or instrument to which the Developer is a
party or by which the Developer may be bound.
3. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the Developer is or will be a party constitutes, or when
entered into will constitute, a legal, valid and binding obligation of the Developer
enforceable against the Developer in accordance with the terms thereof, except as
such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to
usual equitable principles in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer threatened actions or
proceedings before any court or administrative agency against the Developer, or
against any controlling shareholder, officer, employee or agent of the Developer
which question the validity of this Agreement or any document contemplated
hereunder, or which are likely in any case, or in the aggregate, to materially
adversely affect the consummation of the transactions contemplated hereunder or
the financial condition of the Developer.
5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against the Developer.
6. All documentation, including that pertaining to the Boat Docking Facilities or the
Developer, delivered by the Developer to the City was, on the date of delivery
thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is in
St. Petersburg, Florida, and the Developer will keep records concerning the Boat
Docking Facilities (such as construction contracts, financing documents and
corporate documents) and all contracts, licenses and similar rights relating thereto at
an office in Pinellas County.
8. As of the Effective Date, the Developer will have the financial capability to carry out
its obligations and responsibilities in connection with the development of the Boat
Docking Facilities as contemplated by this Agreement.
9. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Boat Docking Facilities and, oversee and manage
the design, planning, construction, completion and use of the Boat Docking
Facilities.
9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date or the Expiration Date:
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1. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
2. During each year that this Agreement and the obligations of the Developer under
this Agreement shall be in effect, the Developer shall cause to be executed and to
continue to be in effect those instruments, documents, certificates, permits, licenses
and approvals and shall cause to occur those events contemplated by this
Agreement that are applicable to, and that are the responsibility of, the Developer.
3. The Developer shall assist and cooperate with the City to accomplish the
development of the Boat Docking Facilities by the Developer in accordance with the
Plans and Specifications, and this Agreement, and will not violate any laws,
ordinances, rules, regulations, orders, contracts or agreements that are or will be
applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its financial capability
to develop, construct and complete the Boat Docking Facilities and shall promptly
notify the City of any event, condition, occurrence, or change in its financial condition
which adversely affects, or with the passage of time is likely to adversely affect, the
Developer's financial capability to successfully and completely develop, construct
and complete the Boat Docking Facilities as contemplated hereby.
5. The Developer shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any tax
required thereby.
6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve
or substantially dissolve all of its assets and will not consolidate with or merge into
another corporation, limited partnership, or other entity or permit one or more other
corporations or other entity to consolidate with or merge into it without the prior
approval of the City unless the Developer or an entity under common control with
Developer, retains a controlling interest in the consolidated or merged entity, and will
promptly notify the City of any changes to the existence or form of the entity or any
change in the control of the Developer.
7. Other than sales and assignments contemplated by this Agreement, the Developer
shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets
without adequate consideration and will otherwise take no action which shall have
the effect, singularly or in the aggregate, of rendering the Developer unable to
continue to observe and perform the covenants, agreements, and conditions hereof
and the performance of all other obligations required by this Agreement.
8. The Developer shall not permit, commit, or suffer any waste of the City Property or
the Boat Docking Facilities.
9. Provided all conditions precedent thereto have been satisfied or waived as provided
herein, the Developer shall design, construct and complete the Boat Docking
Facilities such that it is substantially complete as provided in this Agreement no later
than the Completion Date.
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ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the
Developer may rely on each of the following statements:
1. The City is a validly existing body corporate and politic of the State of Florida, has all
requisite corporate power and authority to carry on its business as now conducted
and to perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party.
2. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the City is orwill be a party have been duly authorized by all
necessary action on the part of, and have been or will be duly executed and
delivered by, the City, and neither the execution and delivery thereof, nor compliance
with the terms and provisions thereof or hereof (i) requires the approval and consent
of any other party, except such as have been duly obtained or as are specifically
noted herein, (ii) contravenes any existing law, judgment, governmental rule,
regulation or order applicable to or binding on the City, (iii) contravenes or results in
any breach of, or default under or, other than as contemplated by this Agreement,
results in the creation of any lien or encumbrance upon any property of the City
under any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the City is a party, specifically including any
covenants of any bonds, notes, or other forms of indebtedness of the City
outstanding on the Effective Date.
3. This Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the City is or will be a party constitute, orwhen entered into
will constitute, legal, valid and binding obligations of the City enforceable against the
City in accordance with the terms thereof, except as such enforceability may be
limited by public policy or applicable bankruptcy, insolvency or similar laws from time
to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
1. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to
be in effect those instruments, documents, certificates, permits, licenses and
approvals, and shall cause to occur those events contemplated by this Agreement
that are applicable to and are the responsibility of the City.
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3. The City shall assist and cooperate with the Developer to accomplish the
development of the Boat Docking Facilities in accordance with this Agreement and
the Plans and Specifications, will carry out its duties and responsibilities
contemplated by this Agreement, and will not violate any laws, ordinances, rules,
regulations, orders, contracts, or agreements that are or will be applicable thereto,
and, to the extent permitted by law, the City will not enact or adopt or urge or
encourage the adoption of any ordinances, resolutions, rules regulations or orders or
approve or enter into any contracts or agreements, including issuing any bonds,
notes, or other forms of indebtedness, that will result in any provision of this
Agreement to be in violation thereof.
4. The City shall not permit, commit, or suffer any waste or impairment to the Boat
Docking Facilities, nor shall the City alter the City Property, or any part thereof, so as
to prevent or adversely affect the development and use of the Boat Docking
Facilities.
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. Developer Obligations. Unless this Agreement has been terminated pursuant to Article 12
hereof, the obligation of the Developer to construct the Boat Docking Facilities is subject to
the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the
following conditions precedent:
1. All conditions precedent under Article 11 of the Development Agreement have been
satisfied or waived by Developer.
2. The Plans and Specifications required to commence construction of the Boat
Docking Facilities shall have been approved by the City in accordance with
applicable ordinances, land use regulations, building codes and other regulations of
the City.
3. The City shall have obtained the SSLL as provided in Article 6 hereof.
4. All Permits necessary for construction of the Boat Docking Facilities to commence
shall have been issued and have become final and non-appealable.
11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not,
individually or collectively, knowingly, intentionally or negligently prevent any condition
precedent from occurring; provided, however, nothing in this Section is intended or shall be
deemed to deny any party the right to reasonably exercise its discretion to the extent
permitted by law or this Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by the Developer.
1. There shall be an "event of default" by the Developer under this Agreement upon the
occurrence of anyone or more of the following:
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a. The Developer shall fail to perform or comply with any material provision of
this Agreement applicable to it within the time prescribed therefor, after
receipt of a notice from the City pursuant to Subsection 12.01.2.a.; or
b. The Developer shall make a general assignment for the benefit of its
creditors, or shall admit in writing its inability to pay its debts as they become
due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or
insolvent, or shall file a petition seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any
present or future statute, law or regulation or shall file an answer admitting,
or shall fail reasonably to contest, the material allegations of a petition filed
against it in any such proceeding, or shall seek or consent to or acquiesce in
the appointment of any trustee, receiver or liquidator of the Developer or any
material part of such entity's properties; or
c. Within sixty (60) days after the commencement of any proceeding by or
against the Developer seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any
present or future statute, law or regulation, such proceeding shall not have
been dismissed or otherwise terminated, or if, within sixty (60) days after the
appointment without the consent or acquiescence of the Developer of any
trustee, receiver or liquidator of any of such entities or of any material part of
any of such entity's properties, such appointment shall not have been
vacated; or
2.
If an event of default by the Developer described in subsection 1 above shall
occur, the City shall provide written notice thereof to the Developer, and, if
such event of default shall not be cured by the Developer within thirty (30)
days after receipt of the written notice from the City specifying in reasonable
detail the event of default by the Developer, or if such event of default is of
such nature that it cannot be completely cured within such time period, then if
the Developer shall not have commenced to cure such default within such
thirty (30) day period and shall not diligently prosecute such cure to
completion within such reasonable longer period of time as may be
necessary (provided, however, if the Developer is proceeding diligently and
in good faith, the curative period shall be extended for a period of not
exceeding six (6) months without any approval or consent of the City being
required, but such approval will be required if the curative period is to be
extended beyond six (6) months) then, in addition to any remedy available
under Section 12.05, the City may terminate this Agreement or pursue any
and all legal or equitable remedies to which the City is entitled, provided,
however, if the Developer shall fail to cure such event of default within said
thirty (30) day or longer period or ceases to proceed diligently to timely cure
such event of default, then the City may proceed to enforce other available
remedies without providing any additional notice to the Developer.
a.
b. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to
pursue any other remedy to which either may be entitled.
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c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if
such event affects the Developer's or City's ability to perform by such
deadline or the expiration of such period.
3. Subject to the rights of the Project Lender, if the City elects to cure a default under
Subsection 12.01.1. by the Developer, construction contracts, contract documents,
building permits, development permits. management agreements, and financial
commitments (all only to the extent assignable) with respect to the Project shall, if
such default has not been previously cured, on the day following receipt by the
Developer of notice from the City of its election to cure, be deemed then assigned to
the City making said election, without necessity of any other action being taken or
not taken by any party hereto. The Developer shall transfer and deliver to the City
upon making said election, all assignable Plans and Specifications, working
drawings, construction contracts, contract documents and all Permits, and, at the
direction of the City, the defaulting the Developer shall vacate the Parcel(s).
12.02. Default by the City.
1. Provided the Developer is not then in default under Section 12.01, there shall be an
"event of default" by the City under this Agreement in the event the City shall fail to
perform or comply with any material provision of this Agreement applicable to it;
provided, however, that suspension of or delay in performance by the City during any
period in which the Developer is in default of this Agreement as provided in Section
12.01 hereof will not constitute an event of default by the City under this Subsection
12.02.
2.
a.
If an event of default by the City described in Subsection 12.02.1. shall occur,
the Developer shall provide written notice thereof to the City, and, after
expiration of the curative period described in paragraph (b) below, may
terminate this Agreement, institute an action to compel specific performance
of the terms hereof by the City or pursue any and all legal or equitable
remedies to which the Developer is entitled; provided, however, if the event
of default by the City occurs, any monetary recovery by the Developer in any
such action shall be limited to bona fide third-party out of-pocket costs and
expenses, including reasonable attorneys' fees, incurred by the Developer in
connection with this Agreement and the transactions contemplated hereby,
unless any such default by the City was willful and committed in bad faith
with reckless disregard for the rights of the Developer.
b. The Developer may not terminate this Agreement or institute an action
described in paragraph (2a) above if the City cures such event of default
within thirty (30) days after receipt by the City of written notice from the
Developer specifying in reasonable detail the event of default by the City, or if
any such event of default is of such nature that it cannot be completely cured
within such period, then within such reasonably longer period oftime as may
be necessary to cure such default, provided however, if the City is
proceeding diligently and in good faith, the curative period shall be extended
for a period of not exceeding six (6) months without any approval or consent
of the Developer being required, but such approval will be required if the
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curative period is to be extended beyond six (6) months after the notice of
default has been given by the Developer to the City if the City has
commenced to cure such default within such thirty (30) day period and is
diligently prosecuting such curative action to completion. The City shall
within said thirty (30) day period or such longer period promptly, diligently and
in good faith proceed to cure such event of default after receipt of the notice
from the Developer and shall succeed in curing such event of default within
said period of time, provided, however, if the City shall fail to cure such event
of default within said thirty (30) day or longer period or ceases to proceed
diligently to timely cure such event of default, then the Developer may
proceed with its available remedies without providing any additional notice to
the City.
c. Any attempt by the Developer to pursue any of the remedies referred to in
paragraphs a. and b. above will not be deemed an exclusive election of
remedy or waiver of the Developer's right to pursue any other remedy to
which it might be entitled.
d. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if
such event affects the Developer's or City's ability to perform by such
deadline or the expiration of such period.
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are
entitled under this Agreement are not exclusive and are intended to be in addition to any
other remedies or means of redress to which the City or the Developer may lawfully be
entitled and are not specifically prohibited by this Agreement. The suspension of, or delay
in, the performance of its obligations by the Developer while the City shall at such time be in
default of their obligations hereunder shall not be deemed to be an "event of default." The
suspension of, or delay in, the performance of the obligations by the City while the
Developer shall at such time be in default of its obligations hereunder shall not be deemed to
be an "event of default" by the City.
12.04. Non-Action on Failure to Observe Provisions ofthis Agreement. The failure of the City
or the Developer to promptly or continually insist upon strict performance of any term,
covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other
agreement, instrument or document of whatever form or nature contemplated hereby shall
not be deemed a waiver of any right or remedy that the City or the Developer may have, and
shall not be deemed a waiver of a subsequent default or nonperformance of such term,
covenant, condition or provision.
12.05. Termination Prior to Commencement of Project.
1. The Developer and the City acknowledge and agree that as of the Effective Date
certain matters mutually agreed by the parties hereto to be essential to the
successful development of the Boat Docking Facilities have not been satisfied or are
subject to certain conditions, legal requirements or approvals beyond the control of
any of the parties hereto or which cannot be definitely resolved under this
Agreement, including, but not limited to, failure of a governmental authority to grant
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an approval required for development of the Boat Docking Facilities. In recognition
of these events or conditions, the parties hereto mutually agree that, provided the
appropriate or responsible party therefor diligently and in good faith seeks to the
fullest extent of its capabilities to cause such event or condition to occur or be
satisfied, the failure of the events or conditions listed in subsection 2. below to occur
or be satisfied shall not constitute an event of default by any party under this Article
12, but may, upon the election of any party hereto, be the basis for a termination of
this Agreement in accordance with this Section.
2. In addition to any other rights of termination provided elsewhere in this Agreement,
prior to commencement of the Boat Docking Facilities, this Agreement may be
terminated as provided in subsection 3. of this section by the City or the Developer
after the occurrence of any of the following events or conditions (except for
subsection b. , in which event only the Developer may terminate this Agreement
pursuant to this subsection 2.):
a. The appropriate governmental authority (Including the City in exercise of its
governmental and regulatory authority and responsibility), upon petition by
the Developer denies or fails to: enter into the SSLL, issue the Permits, or
issue any other approval necessary to commence construction of the Boat
Docking Facilities, provided the Developer has proceeded diligently,
expeditiously and in good faith to obtain such SSLL, Permits or other
necessary actions;
b. A previously unknown site condition is subsequently discovered and that
condition prevents successful development of the Boat Docking Facilities.
3. Upon the occurrence of an event described in subsection 2. or in the event that the
Developer or the City, after diligently and in good faith to the fullest extent its
capabilities, is unable to cause a condition precedent to its respective obligations to
occur or be satisfied, then the Developer or the City may elect to terminate this
Agreement by giving a notice to the other party hereto within thirty (30) days of the
occurrence of such event or the determination of inability to cause a condition
precedent to occur or be satisfied, stating its election to terminate this Agreement as
a result thereof, in which case this Agreement shall then terminate.
4. In the event of a termination pursuant to this Section 12.05, neither the Developer
nor the City shall be obligated or liable one to the other in any way, financially or
otherwise, for any claim or matter arising from or as a result of this Agreement or any
actions taken by the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for its own costs,
however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive
termination of this Agreement, the provisions of this Subsection 12.05.4 to the
contrary notwithstanding.
12.06. Termination Certificate.
1. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly
execute a certificate prepared by the party electing to terminate this Agreement,
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which certificate shall expressly state that this Agreement has been terminated in
accordance with its terms, is no longer of any force and effect except for those
provisions hereof which expressly survive termination, that the rights, duties and
obligations of the parties hereto have been terminated and released (subject to
those surviving provisions hereof) and that the Boat Basin is no longer subject to any
restrictions, limitations or encumbrances imposed by this Agreement.
2. The certificate described in Subsection 1. shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded
in the public records of Pinellas County, Florida.
ARTICLE 13. RIGHT TO CONTEST.
13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City orthe
Developer each may, at its sole discretion and expense, after prior written notice to the other
parties hereto, contest by appropriate action or proceeding conducted in good faith and with
due diligence, the amount or validity or application, in whole or in part, of any lien, any
payment of any taxes, assessments, impact fees or other public charges of a similar nature
that may from time to time be levied upon or assessed by any appropriate governmental
authority against the City, the Developer, the Boat Docking Facilities (or any part thereof),
the Boat Basin or personal property thereon, and the revenues generated from the use or
operation of any or all of the above, any other payment specifically identified in this
Agreement, or compliance with any law, rule, regulation, or other such legal requirement.
13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section
13.01 is subject to the following:
1. Such proceeding shall suspend the execution or enforcement of such charge,
payment or requirement;
2. Such proceeding will not create any risk of impairment of the construction,
completion, operation or use of the Boat Docking Facilities or any part thereof, in any
material respect, and no portion of the Boat Docking Facilities would be subject to
any risk of being involuntarily sold, forfeited or lost or the construction, equipping, or
completion of the Boat Docking Facilities or any part thereof be delayed or
prohibited;
3. Such proceeding will not subject any other party to criminal liability or risk of material
civil liability for failure to comply therewith, or involve risk of any material claim
against such party; and
4. The party seeking the benefit of this Article shall have furnished to the other parties
such security, if any, as may be required in such proceeding or as may be
reasonably requested by the others, to protect the Boat Docking Facilities and any
part thereof, and any interest of such parties hereunder.
ARTICLE 14. ARBITRATION
14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the
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same matter and, if so, the party hereto commencing such action has not dismissed it, any
disagreement or dispute between the parties may be arbitrated in the manner set forth in this
Article 14. All parties hereby agree such arbitration, once commenced, shall be the
exclusive procedure for resolving such disagreement or dispute and agree to be bound by
the result of any such arbitration proceeding unless all parties mutually agree to terminate
such proceeding prior to decision. If any arbitration proceeding under this part adversely
affects the performance of any party hereunder, then any time periods provided herein for
such performance by that party shall be tolled during the pendency of the arbitration
proceeding affecting such performance.
14.02. Appointment of Arbitrators.
1.
2.
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a.
Unless accelerated arbitration as provided in Section 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after
giving notice of impasse in the dispute resolution process or upon following
the expiration of the time period for such dispute resolution occurrence ofthe
event permitting arbitration to be invoked, give written notice to that effect to
the other parties, and shall in such notice appoint a disinterested person who
is on the list of qualified arbitrators maintained by the American Arbitration
Association or a disinterested person not on such list to whom an objection is
not made by any other party hereto within five (5) days of receipt of the notice
of such appointment as the arbitrator or, if more than one (1) arbitrator is to
be appointed, as one of the arbitrators.
b. Within ten (10) days after receipt of the notice described in paragraph (1), the
other parties shall by written notice to the original party acknowledge that
arbitration has been invoked as permitted by this Agreement, and shall either
accept and approve the appointment of such individual set forth in the
original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
a.
If two (2) arbitrators are appointed pursuant to subsection a. above, the
arbitrators thus appointed shall appoint a third disinterested person who is on
the list of qualified arbitrators maintained by the American Arbitration
Association, and such three (3) arbitrators shall as promptly as possible
determine such matter.
b. If the second arbitrator shall not have been appointed as provided in
subsection a., the first arbitrator shall, after ten (10) days notice to the
parties, proceed to determine such matter.
c. If the two (2) arbitrators appointed by the parties pursuant to subsection a.
shall be unable to agree within fifteen (15) days after the appointment of the
second arbitrator upon the appointment of a third arbitrator, they shall give
written notice of such failure to agree to the parties, and, if the parties then
fail to agree upon the selection of such third arbitrator within fifteen (15) days
thereafter, then within ten (10) days thereafter each of the parties upon
written notice to the other parties hereto may request the appointment of a
third arbitrator by the office in or for the State of Florida (or if more than one
office, the office located closest to the City) of the American Arbitration
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Association (or any successor organization thereto), or, in its absence,
refusal, failure or inability to act, request such appointment of such arbitrator
by the United States District Court for the Middle District of Florida (which
request shall be filed in the division of that court responsible for the
geographic area including the City), or as otherwise provided in Chapter 682,
Florida Statutes, known and referred to as the Florida Arbitration Act, as
amended.
14.03. General Procedures. In any arbitration proceeding underthis part, those parties appointing
arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator
or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the
terms of this Agreement and may not change any such terms, or deprive any party to this
Agreement of any right or remedy expressed or implied in this Agreement, or award any
damages or other compensation to any party hereto. The arbitration proceedings shall
follow the rules and procedures of the American Arbitration Association (or any successor
organization thereto) unless specifically modified by this Agreement, or as then agreed to by
the parties hereto.
14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used,
shall be conclusive upon the parties and judgment upon the same may be entered in any
court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written
notice to the parties stating his or their determination within thirty (30) days after the
conclusion of the hearing or final submission of all evidence or argument.
14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to
serve as such, promptly upon such determination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the
parties hereto, and then a new arbitrator shall be promptly appointed as a replacement,
which appointment shall be made by the party or the arbitrators who appointed the affected
arbitrator in the same manner as provided for in the original appointment of the affected
arbitrator in Section 14.02 hereof.
14.06. Decision of Arbitrators.
1 . If any decision reached by arbitration as provided in this part requires performance
by the Developer, the Developer covenants and agrees to comply with any decision
of the arbitrator(s) promptly after the date of receipt by the Developer of such
decision, and to continue such performance to completion with due diligence and in
good faith.
2. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators) promptly after the date
of receipt by the City of such decision, and to continue such performance to
completion with due diligence and in good faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise
provided for herein.
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14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose
ofthis Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and
the American Arbitration Association with respect to such proceeding, but shall not include
attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert
witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in
the absence of such Agreement shall be the responsibility of the party incurring such fees or
costs.
14.08. Accelerated Arbitration.
1.
a.
If any of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after
an initial election to invoke arbitration pursuant to Section 14.02 hereof has
been made, either party to such proceeding may invoke accelerated
arbitration by giving notice thereof to the other parties no later than three (3)
days after arbitration has been initially invoked and the other parties do not
object within three (3) days thereafter.
b. Accelerated arbitration, for purposes of this Section 14.08, shall be
accomplished by either party notifying the American Arbitration Association
(or any successor organization thereto) that the parties have agreed to a
single arbitrator, qualified to decide the matter for arbitration, to be appointed
by the American Arbitration Association (or any successor organization
thereto) with the consent of the parties to such proceeding within three (3)
days after receipt of the request and to decide such matter within five (5)
days after such appointment.
c. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in paragraph (2)
is received by the American Arbitration Association, the accelerated
proceeding under this Section 14.08 shall terminate and the procedures
otherwise set forth in this Article 14 shall apply, unless the parties mutually
agree to an extension of such time period.
2. The Developer and the City hereby agree to use such accelerated procedure only
when reasonably necessary, to not contest the appointment of the arbitrator or his or
her decision except as may be permitted by law, and that all other provisions of this
part, except as are in conflict with this Section 14.08, remain in effect and applicable
to an accelerated arbitration proceeding.
14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as
amended, known and referred to as the Florida Arbitration Code.
14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any
member of the public. Unless otherwise rendered confidential pursuant to or by the
operation of any applicable law or order (other than an order by a sole arbitrator or panel of
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arbitrators acting under this part), the record of such proceedings shall be a public record
under Chapter 119, Florida Statutes.
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
1. Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition
described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in
the manner provided in this Section 15.01.
2. "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, litigation which has the effect of precluding
reasonable satisfaction of the obligations of this Agreement, acts of the public
enemy, riot, insurrection, war, pestilence, archaeological excavations required by
law, unavailability of materials after timely ordering of same, epidemics, quarantine
restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes,
floods, extremely abnormal and excessively inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding the Effective
Date), strikes or labor disturbances, delays due to proceedings under Chapters 73
and 74, Florida Statutes, restoration in connection with any of the foregoing or any
other cause beyond the reasonable control of the party performing the obligation in
question, including, without limitation, such causes as may arise from the act of the
other party to this Agreement, or acts of any governmental authority (except that acts
of the City shall not constitute an Unavoidable Delay with respect to performance by
the City).
3. An application by any party hereto (referred to in this paragraph (c) and in paragraph
(d) as the "Applicant") for an extension of time pursuant to this subsection must be
in writing, must set forth in detail the reasons and causes of delay, and must be filed
with the other party to this Agreement within seven (7) days following the occurrence
of the event or condition causing the Unavoidable Delay or seven (7) days following
the Applicant becoming aware (or with the exercise of reasonable diligence should
have become aware) of such occurrence.
4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding with its rights, duties and obligations under
this Agreement affected by such occurrence.
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date, no use of the
Boat Docking Facilities, other than as described in Section 2.03, shall be permitted, unless
and until the Developer or the person, if other than the Developer, intending to so use the
Boat Docking Facilities, shall file with the City a request for a release from the restriction
imposed by this Section. The Governing Body of the City shall promptly consider such
request and either deny the request, approve the request as filed, or approve the request
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subject to such terms, conditions and limitations as the City may reasonably require. Unless
specifically requested and approved, a release of the restriction imposed by this Section
shall not release the Developer from any obligations or restrictions imposed by this
Agreement or any agreement, instrument or document contemplated hereby.
ARTICLE 17. FIRE OR OTHER CASUAL TV; CONDEMNATION.
17.01. Loss or Damage to Project.
1. Until the Termination Date orthe Expiration Date, and without regard to the extent or
availability of any insurance proceeds, however, subject to any condition or
limitations as set forth in the SSLL or Permits, the Developer shall have the right to
commence and complete the reconstruction or repair of any loss or damage caused
by fire or other casualty or by eminent domain (provided the City is not the
condemning authority) to each and every part of the Boat Docking Facilities
substantially the same condition as existed prior to the occurrence of such loss or
damage, promptly after the City approves the Plans and Specifications for such
reconstruction or repairs.
2. The City shall review the Plans and Specifications for such reconstruction or repairs
as soon as possible after filing thereof by the Developer. The City agrees to approve
the Plans and Specifications for such reconstruction or repairs if the reconstruction
or repairs contemplated by such Plans and Specifications will restore the Boat
Docking Facilities, or the damaged portion thereof, to substantially the same
condition as existed prior to the occurrence of such loss or damage and if such
Plans and Specifications conform to the applicable laws, ordinances, codes, and
regulations in effect at the time of filing with the City of the plans and specifications
for such reconstruction or repairs.
3. If Developer elects not to reconstruct or repair the Boat Docking Facilities as
provided herein, Developer shall promptly remove all improvements constituting the
Boat Docking Facilities in compliance with the requirements of the City, SSLL and
the Permits.
17.02. Partial Loss or Damage to Project. Until the Terminate Date or the Expiration Date, any
1055 or damage by fire or other casualty or exercise of eminent domain to the Boat Docking
Facilities, or any portion thereof, which does not render the Boat Docking Facilities unusable
for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate
this Agreement or to relieve or discharge the Developer from the timely performance and
fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension
of time for an Unavoidable Delay.
17.03. Insurance Proceeds.
1. Whenever the Boat Docking Facilities, or any part thereof, shall have been damaged
or destroyed, the Developer shall promptly make proof of loss and shall proceed
promptly to collect, or cause to be collected, all valid claims which may have arisen
against insurers or others based upon such damage or destruction.
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2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of
property or casualty insurance received by the Developer as a result of such loss or
damage shall be available and shall be used for payment of the costs of the
reconstruction or repair of the Boat Docking Facilities to the extent necessary to
repair or reconstruct the Boat Docking Facilities.
17.04. Notice of Loss or Damage to Boat Docking Facilities. The Developer shall promptly give
the City written notice of any significant damage or destruction to the Boat Docking Facilities
stating the date on which such damage or destruction occurred, the expectations of the
Developer as to the effect of such damage or destruction on the use of the Boat Docking
Facilities, and the proposed schedule, if any, for repair or reconstruction of the Boat Docking
Facilities.
17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that
part, but not all, of the Boat Docking Facilities shall be taken by the exercise of the power of
eminent domain at any time before the Expiration Date, subject to the rights of a Project
Lender, the compensation awarded to and received by the Developer shall be applied first to
the restoration of the Boat Docking Facilities, provided the Boat Docking Facilities can be
restored and be commercially feasible for its intended use as contemplated by Section
2.03.1. of this Agreement after the taking, and, if not, can be retained by the Developer.
ARTICLE 18. MISCELLANEOUS
18.01. Assignments.
1. By the Developer.
a. The Developer may sell, convey, assign or otherwise dispose of any or all of
its right, title, interest and obligations in and to the Boat Docking Facilities, or
any part thereof, only with the prior written consent of the City, which consent
is hereby granted for assignment to a party to which Developer's rights are
assigned pursuant to the Development Agreement, provided that such party
(hereinafter referred to as the "assignee"), to the extent of the sale,
conveyance, assignment or other disposition by the Developer to the
assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Boat Docking Facilities as is subject to such
sale, conveyance, assignment or other disposition.
b. If the assignee of the Developer's right, title, interest and obligations in and to
the Boat Docking Facilities, or any part thereof assumes all of the
Developer's obligations hereunder, then the Developer shall be released
from all such obligations hereunder which have been so assumed by the
assignee, and the City agrees to execute an instrument evidencing such
release, which shall be in recordable form.
c. An assignment of the Boat Docking Facilities, any part thereof, by the
Developer to any corporation, limited partnership, limited liability company,
general partnership, or joint venture, in which the Developer (or an entity
under common control with Developer) has either the controlling interest or
through a joint venture or other arrangement shares equal management
Development Agreement
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ADOPTED
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rights and maintains such controlling interest or equal management rights
shall not be deemed an assignment or transfer subject to any restriction on
or approvals of assignments or transfers imposed by this Section 18.01,
provided, however, that notice of such assignment shall be given by the
Developer to the City not less than thirty (30) days prior to such assignment
being effective and the assignee shall be bound by the terms of this
Agreement to the same extent as would the Developer in the absence of
such assignment.
d. No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to any portion of the Boat
Docking Facilities shall in any way be obligated or responsible for any of the
Developer's obligations by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquirer has expressly assumed the
Developer's obligations.
e. Notwithstanding the foregoing, so long as this Agreement is in effect,
Developer shall have the right to sublease or license the use of individual
Developer Boat Slips to Owners within the Project without City's consent.
18.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of
the City, and its successors and assigns, and the Developer and its successors and assigns,
except as may otherwise be specifically provided herein.
18.03. Notices.
1. All notices, demands, requests for approvals or other communications given by
either party to another shall be in writing, and shall be sent by registered or certified
mail, postage prepaid, return receipt requested or by courier service, or by hand
delivery to the office for each party indicated below and addressed as follows:
To the Developer:
To the City:
CBR Development I, LLC
2201 - 4th Street North
Suite 200
St. Petersburg, FL 33704
Attn: J. Michael Cheezem
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
with copies to:
with copies to:
E.D. (Ed) Armstrong, III
P.O. Box 1368
Clearwater, FL 33757
Pam Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue
Clearwater, FL 33756
and
Development Agreement
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ADOPTED
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Greene & Schermer
1301 - 6th Avenue West
Suite 400
Bradenton, FL 34205
Attn: Robert F. Greene, Esquire
2. Notices given by courier service or by hand delivery shall be effective upon delivery
and notices given by mail shall be effective upon receipt. Refusal by any person to
accept delivery of any notice delivered to the office at the address indicated above
(or as it may be changed) shall be deemed to have been an effective delivery as
provided in this Section 18.03. The addresses to which notices are to be sent may
be changed from time to time by written notice delivered to the other parties and
such notices shall be effective upon receipt. Until notice of change of address is
received as to any particular party hereto, all other parties may rely upon the last
address given.
18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been
negotiated by the City and the Developer and the Agreement, including, without limitation,
the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by
all equally.
18.05. Venue; Submission to Jurisdiction.
1. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto do acknowledge, consent, and agree that venue
thereof is Pinellas County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and the courts thereof and to the jurisdiction of the United
States District Court for the Middle District of Florida, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action is
brought in an inconvenient forum or that the venue of such action is improper or that
the subject matter thereof may not be enforced in or by such courts.
3. If at any time during the term of this Agreement the Developer is not a resident of the
State of Florida or has no office, employee, City or general partner thereof available
for service of process as a resident of the State of Florida, or if any permitted
assignee thereof shall be a foreign corporation, partnership or other entity or shall
have no officer, employee, agent, or general partner available for service of process
in the State of Florida, the Developer hereby designates the Secretary of State, State
of Florida, its agent for the service of process in any court action between it and the
City, or both, arising out of or relating to this Agreement and such service shall be
made as provided by the laws of the State of Florida for service upon a non-resident;
provided, however, that at the time of service on the Florida Secretary of State, a
copy of such service shall be delivered to the Developer at the address for notices as
provided in 18.03.
Development Agreement
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ADOPTED
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18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time,
upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge
and deliver to the other parties a statement in recordable form certifying that this Agreement
has not been modified and is in full force and effect (or ifthere have been modifications that
the said Agreement as modified is in full force and effect and setting forth a notation of such
modifications), and that to the knowledge of such party, neither it nor any other party is then
in default hereof (or if another party is then in default hereof, stating the nature and details of
such default), it being intended that any such statement delivered pursuant to this Section
18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of
any mortgage or assignee of the respective interest in the Boat Docking Facilities, if any, of
any party made in accordance with the provisions of this Agreement.
18.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein, including without
limitation the Exhibits hereto, constitute the full and complete agreement between
the parties hereto to the date hereof, and supersedes and controls over any and all
prior agreements, understandings, representations, correspondence and statements,
whether written or oral.
2. Any provision of this Agreement shall be read and applied in para materia with all
other provisions hereof.
3. This Agreement cannot be changed or revised except by written amendment signed
by all parties hereto.
18.08. Captions. The article and section headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way
define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way
affect this Agreement or construe any article, section, subsection, paragraph or provision
hereof.
18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under
the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal
holiday observed in the City, it shall be postponed to the next following business day.
18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part ofthis
Agreement. The Exhibits and any amendments or revisions thereto, even if not physically
attached hereto shall be treated as if they are part of this Agreement.
18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result
of the execution and delivery of this Agreement, including any of the Exhibits.
18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not
be an agent of the City with respect to any and all services to be performed by the Developer
(and any of its agents, assigns, or successors) with respect to the Boat Docking Facilities.
18.13. Memorandum of Agreement. The City and the Developer agree to execute, in recordable
form, at the request of either party, a short form "Memorandum of Agreement" and agree,
Development Agreement
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ADOPTED
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authorize and hereby direct such Memorandum to be recorded in the public records of
Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall
pay the cost of such recording.
18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills
and is pursuant to and for a public purpose and municipal purpose and is in the public
interest, and is a proper exercise of the City's power and authority.
18.15. No General Obligation. In no event shall any obligation of the City under this Agreement
be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem
taxing power of the City or a general obligation or indebtedness of the City within the
meaning of the Constitution of the State of Florida or any other applicable laws, but shall be
payable solely from legally available revenues and funds. Neither the Developer nor any
other party under or beneficiary of this Agreement shall ever have the right to compel the
exercise of the ad valorem taxing power of the City or any other governmental entity or
taxation in any form on any real or personal property to pay the City's obligations or
undertakings hereunder.
18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve
either party from full compliance with any provision of State law which is applicable to any of
the obligations or undertakings provided for in this Agreement. In the event that this
Agreement omits an obligation to comply with any provision of State law in regard to any of
the obligations or undertakings provided for in this Agreement, it is the intention of the
parties that such applicable State law shall be deemed incorporated into this Agreement and
made a part thereof. In the event that there is any conflict between the provisions of this
Agreement and applicable State law, it is the intention ofthe parties that the Agreement shall
be construed to incorporate such provisions of State law and that such provisions shall
control.
18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies
contained herein or any Exhibit attached hereto or any other agreement contemplated
hereby, or due to changes resulting from technical matters arising during the term of this
Agreement, the parties agree that amendments to this Agreement required due to such
inaccuracies, unforeseen events or circumstances which do not change the substance of
this Agreement may be made and incorporated herein. The City Manager is authorized to
approve such technical amendments on behalf ofthe City, respectively, and is authorized to
execute any required instruments, to make and incorporate such amendment to this
Agreement or any Exhibit attached hereto or any other agreement contemplated hereby.
18.18. Term; Expiration; Certificate.
1. If not earlier terminated as provided in Section 12.05, this Agreement shall expire
and no longer be of any force and effect on the thirteenth anniversary ofthe Effective
Date. Notwithstanding the foregoing, provided the SSLL remains in effect and no
default by Developer under this Agreement then exists, the Developer shall have the
option to renew this Agreement for five (5) successive renewal terms of ten (10)
years each, and such renewal options shall be deemed automatically exercised
unless written notice from Developer of intent to not renew is received by the City
prior to the expiration of the then current term.
Development Agreement
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ADOPTED
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2. Upon completion of the term of this Agreement, all parties hereto shall execute the
Agreement Expiration Certificate. The Agreement Expiration Certificate shall
constitute (and it shall be so provided in the certificate) a conclusive determination of
satisfactory completion of all obligations hereunder and the expiration of this
Agreement.
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as
provided in Article 14.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pinellas County, Florida. Following execution by all
of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded
by the Developer in the public records of Pinellas County, Florida and the Developer
shall pay the cost of such recording.
18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that all
approvals, consents, and reviews will be undertaken and completed as expeditiously as
possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise
expressly authorized by the terms of this Agreement.
18.20. Effective Date. The Effective Date shall be the date of the last signature to this Agreement.
Development Agreement
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ADOPTED
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IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
affixed as of this _ day of , 200_.
THE CITY OF CLEARWATER, FLORIDA
Attest:
By:
By:
City Clerk
Mayor
Approved as to form and correctness:
, Esquire
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
200_, by and , Mayor and City Clerk,
respectively, for the City of Clearwater, Florida, on behalf of the City, who is 0 personally known to
me or 0 has produced a Florida driver's license or 0 as
identification.
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
Development Agreement
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ADOPTED
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STATE OF FLORIDA
COUNTY OF PINELLAS
CBR DEVELOPMENT I, LLC,
a Florida limited liability company
By: CBR Communities I, Ltd.,
a Florida limited partnership
Managing Member
By: JMC Communities of Clearwater V, Inc.
a Florida corporation, General Partner
By:
Name: J. Michael Cheezem
Title: CEO
The foregoing instrument was acknowledged before me this _ day of ,
200_, J. Michael Cheezem, as CEO of JMC Communities of Clearwater V, Inc., a Florida
corporation, the General Partner of CBR Communities I, Ltd., a Florida limited partnership, the
Managing Member of CBR Development I, LLC, a Florida limited liability company, who is 0
personally known to me or 0 has produced a Florida driver's license or 0
as identification.
Development Agreement
Page 130
ADOPTED
NOTARY PUBLIC
Printed Name:
Commission No.
My Commission expires:
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Development Agreement
Page 131
ADOPTED
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Development Agreement
Page 132
ADOPTED
EXHIBIT "B"
CITY PROPERTY
LEGAL DESCRIPTION
l
!
Parcel No. OS/29/15/00000/330/0100
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EXHIBIT 0
Development Agreement
Page 133
ADOPTED
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Development Agreement
Page 134
ADOPTED
EXHIBIT 0
LICENSE AGREEMENT
TO BE PROVIDED BY THE CITY ATTORNEY
C:\DOCUME-l\MONA-1.KAU\LOCALS-1\Temp\FY~OO1701XOID005V.doc
tion
J:\5J\Propala\D"9S\LS\5J.997-250-LS2.d"9 - Sep 16. 2004 0 J: J9pm - mbeach
THIS IS HQI A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MA Y BE FOUND IN THE PUBLIC RECORDS OF HIlS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION
LEGAL DESCRIPTION:
A pare. I af land being a partion of Seetlon. 5 and B. Townl-hip 29 South. Range 15 Eaat. PiRlllal County.
F"lar'da. baing more portlcularly described os rollows:
COMMENCE at thl Southla.' eornlr 01 Trael A, 'A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INCL. BL~CK 9 OF THE
REVISED MAP OF CLEARWATER BEACH". o. "..rdld In Plot Book 19. pogo 96 01 Ihl Public Rlcord. 01 Pinllloo
County. Florido; thIne. N21-37'J4-E. along the Ea.t I in. 01 said Tracl A. 10m' b.ing Ih. W..t RIght-Dt"Way
Ilnl 0' Mandol.y AVlnul. according t. .aid "A RE-SUB OF BLOCKS 10-1 I AND LOTS 2 TO 15 INCL. BLDCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH-, (being the bali. of bearingl tor this dlueription) for 182.33 t..t; thence
eontinue olong said Eaat lin. of Tract A. 10m. b.ing ,aid W..t Right-ot-Way lin. 01 Ma""lliIY Ayen"..
NOZ-41'34-E. for "O.SO 1,.t to Ih. point 0' int.r..ction with the Soulh Right-of-Wa, lin. of M61.r Str..t.
according to -MILLER'S-REPLAT-. aa recorded in Plot Bao~ 26. page 11 ot the Public Recorda of Pine' tal Count,~
Flortdo: thence N99.06'S9-W. along amid Sou.h Ritjlht-of-Woy lin. 01 Ambl.r Str..t, 'or 160.00 t..-t 10 th. point
of int.ra.ction ..ith the South.rl)' u:t.n.ion ot the Ea.' line o' Lot 9. said -MILLER'S REPLAT-. th.nce
NOZ-4I'34-E. along laid Soutberl)' .)I'enaion of the Eaat lin. of Laf 9. and lold Ealt li..1 of Lot 9.
r."plctiwlt," for tOO.05 f.., 10 the point of in..r..ction with the Horlk lin. a. the Sout" 80.00 t..t d. said'
Lot 9: 'hanc. N89-06'59-W. along laid North Itn. of the South 80.00 ,..t of Lot 9. for 60.00 f..t 10 the poin'
of inler..ctlon with 'hI We.t IIn. d. .aid Lo' 9; th.nee N02-4I'3-4-E. along laid W..t Iii'll of Lot ~, 'or 6.96
t..t 10 the Northwe.t corner of .aid Lot 9: thene. N89-06IS9-W. along the North I ine of Lo. 10. ulid -MILLER1S
REPlAT-, 'he North lin. of Lot I, .aid -MILLER'S REPLAT-. and Ihl W.sl.rly 8xl.".ion at laid Nort.. lin. of Lot
I. r..pact ivel,. for 389.38. 10 THE POINT OF BEGINNING: thance eantinuI along laid We.t.", .xt.n.lion of laid
North lin. of Lot I. S89-06159-E. tor 182.03 f..t the point of intu..ctJon -wllh .I.yu.ion O.6Z f..t. Nort"
Am.rjcan V.rficol Dafum of IS8a (NAVO -198S). lome being the painf of .inter'lclion with Ihe M.... HI4Jh Wat.,
Lin. of the Gul' of M..leo a. r.cord.d wifh ,,,. Deparlment af Environmental Prot.ction Mean High "at.r Sur~a,
1IIe numb.r 342:9: thane. thl following nine (9) tour... along laid ai_Veillon 0.62 f.at. Harth Amarieon
Vertical Datum of 1968 (NAVD 1988), aome b.lng laid Mean Hi9h Wotar Lin. ot the Gulf of M.xico: (I) thine.
S04.SS"Q6.W. for 40.89 r..t: (2) th.ne. SOS-43IS0-W. 'or 51.84 te.t: (3) thane. SOS652'49-W. tor ~1.04 h.t;
(4) thIne. SOS.3S"41.W. for 49.79 t..t: (51 th.nel S07-36'31-W. tor 47.28 t..t: 16) then'c. S06.'I'33~W. for
49.96 f..t: (7) thence SOg.021)S-W. for 51.54 fee.: (B) thence 505-53'20.W. tor 49.11 t..t: (9) thence
SOa-23'56.W. for 42.99 f..t .a the point of in'It..etion with the W..t.rl,. ...',raion 01 the c.nhrline ot
Boymont slr..t. according to laid "A RE-SUB OF BLOCKS 10-11 Af4D LOTS Z TO 15 INCL. BLOCK 9 OF THE REVISED MAP
OF CLEARWATER BEACH"; thene. I,oving .I.vo.lon 0.62 ,..t. North American V.rtical Datum o' 1988 <<NAVD 1988).
SB9-26104-E. along .aid W'lt.rly .xt.naion a. th. een"r I in. ot B01mont Slr,.t and soid centerli". 0' Buyman.
Str..t. rllpec.ivel)'. for Z04.02 t..I: th.ne. N03-42'16.E leoving laid We.t.rl,. .xt.nsion of the centerlin, of
Baymont Str..t cnd laid cent.rline a' Boymont SIr..t. r.,p.efiv.ly. tor 431.54 ...f to THE POINT OF
BEGINNING.
Containing 82.466 square f..t or 1.693 ocr.,. more or 1..1.
Error 0' closure: 0.0108 f..t (MaE)
SEE SHEET I FOIl LEG~L DESCR I PTI ON
SEE SHEET 2 FOR $l(ETCH
NOTE: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THAT CERTAIN BOUNOARY SURVEV TITLED 'BOVNOAIn' SURVERY AIO ME....
HIGH WATER LINE SURVEY': PREPAREO BY FLORIDA OESICH CONSULTANTS. INC., JOB NlMlER 991-250. THE GE~TRV PERTAININ. VIII THE PARCEL OF
LAND 8EINe; DESCRIBED ttEREIN (THE DESCRIPTIO'" IS SOLELY BAsta UPON THE GEcM:TRl' AS OESCRJBED ON THE RECORDED DOCl...t.4ENl'1I' AS NOTED HEREIN
AND IS SUBJECT Tn.AN ACCURATE' F1E"lD BOUNOARY SURVEY.
PREPARED FOR:
JMC COMMUNITIES
SHEET OESCRlPnOH:
CLEARWATER BEACH WEST PARCEL
SCALE::
NONE
DATE: CRAWl+.
09116/04 GEH
CAlCED:
5MB
JOB No.: EPN:
997-250 53
Sl:cnON:
588
TOVlNSH'P:
29 S
CHEC~EO:
5MB
RANCE:
15 E
~ FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS
J SURVEYORS 8 PLANNERS
3030 Storko)' Blvd.
Ne. Port Richey, Flonda 34655
(7Z7) 849.7586
Certificate of Authorization: LB 6707
State of Florida
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGI~AL RAISED SEA:" OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
~O~~
SAMUEL MARK BEACH
PROFESSIONAL SURVEYOR AtlD MAPPER
LICENSE NUMBER LS 6261
COCODIKiaht 2004 flo"'~da Deslon Consultants. Inc. Orowinos ond concepts mov not be used or re roduced without written ermission. Sheet I
of 2
Development Agreement
Page 54
ADOPTED
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J: \5J\Propala\D"9s\LS\53_997-25D-LS2.dwg - Sep 16. 2004 0 3: 22pm - 90ill
-
'THIS IS .NQI A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
A Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED' WITHOUT THE BENEFIT
F A TiTlE POllCY_
EARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
WESTERLY EXTENSION Of' N UNE Of' LOT 1
THE N UNE OF LOT 1 , I LOT 2
NB9U6'59-ll'
389,38'
N
-'
N89'06'59-W
182.03'
/0')
-J
10,00' PEDESTRIAN EASEMENT
[ PER OIlS 2228, PC 719
- ---------------------
o III v
-J
go
>< 2: C/)
UJ :5~
~Q 10
..... "-I~ -'
o Ii.....
..... t.J< '"
-J ~o
::> :::J F= .....
o iii
-1---------------------
r-.
-J
TOTAL AREA=-
62,464 SQ FT
OR 1.89 AC. MOL
w
.
~~
Nil'!
'-;;;
g-v
Z
co
...J
'"
-J
25.00' EASEMENT FOR STREET
I PURPOSES PER DB 1550, PC 629
- ----------------------
S89'26'04"E
204.02'
M:STERL Y EXITN510N Of' THE
CENTERUNE BAYldONT ST
SEE SH[ET I FOR LEGAL DESCRIPTION
SEE SHEET 2 FOR SKETCH
PREPARED FOR:
,
I
I
I
I
LOT 1
S R/W AllBLER ST
I
I
I
I
I
I
N89W'59'W
160.00'
r WEST UNE lR"CT "
TRACT A
" RE-SUB Of BLOCKS
10-11 "NO LOTS 2 TO
15 INCL BLOCK 9 OF
THE RE\o1SED MAP OF
CLEARWA TEll BEACH
PB 19, PC; 96
w
~ .
,,>0
. It)
:;:d
s::
z
CHECKED:
5MB
RANCE:
15 E
~ FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS
11 SURVEYORS 8 PLANNERS
3030 Slorkey Blvd.
New Port Ridley. Florida 34655
(727) 849-7588
Certificate of Authorization: LB 6707
state of Florida
LINE TABLE
IllEARING
N02"4I'34'E
504'59'06'W
S05"43'50'W
S05~2'49"W
SQ5"3S'4"W
SOT35'31"W
5051"3 'w
SO '02'3S'W
S05"'S3'20'W
S0Ilr23'56'W
LENGTH
8.95'
40.89'
51.84'
51.04'
49.79'
47.28'
49.96'
51.54'
49,1"
4 .98'
1:] .... !'
g~~~-.:
~~l.t;
~ !ljl!
~ t/!?ilt
!:: .;y~~.;J
~ Cl:c"
~
LINE
Ll
L2
L3
L4
L5
L5
L7
La
L9
110
~:
POC - POIN T OF COMMENCEMENT
POB - POINT OF BEGINNING
SEC - SEC1l0N
COR - CORNER
R/W - RIGHT OF W"Y
ST - STREET
SQ - SQUARE
FT _ FEET
AC - ACRES
MOl - MORE DR LESS
PC; - PACE
PB - PLA T BOOK
09 - DEED BOOI[
ORB - OFfICiAl RECORDS BOOK
NOTE: lHI5 LEGAL O€SCRIPTloH ANa SKETCH WAS PREP.....ED WITH THE BENEFIT OF lHAT CERTAIN 1l000NQARY SURVEY TITL~D 'SOUNDARY SUA VERY Alii ~N
HICN WATER LINE SURVEY', PR~P""'ED BY FLORIDA DESICIi CONSUlTAI<TS, INC., Joe NlMlER 997-250. TH: G~ONETRY PEllTAINING TO THE PARCEL OF
LAND BEING OESOUBED H[REIN (THE DESCRIPTIONI IS SOLEl.Y BASED UPON THE GE<H:TRY AS DESCRIBED ON THE RECORDED OOClJoENTS AS NOTED HEREIN
ANO fS SUBJECT T AN ACCURAT FIELD BOUNQARy S Y
POC
SE COR TRACT A
JMC COMMUNITIES
SHEET DESClllPllON:
CAlCED:
CLEARWATER BEACH WEST PARCEL
SC1oLE: o"m. CR"WN:
I" = 100' 09//6/04 GEH
5MB
oXlIl No.: EPN:
997-250 53
SEcnON: TO\\llSHIP:
5 8 8 29 S
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA
~E~~~~PER'
SAMUEL MARK BEACH
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 6261
~CoP'tf"iQht .2004 Florida Desion Consultants. Inc. DrawinQs and conceol$ mav not be used or reoroduced without written permission. Sheet
Development Agreement
Page 55
ADOPTED
F:~mclJ1unter\City Developmen1 Agt.14.with exhs.doc
u
J: \53\Projl)ata\Dw9s\lS\53_997-250-lSI.dwg - Sep 15. 2004 0 4: 04pm - ghiIJ
THIS IS .t:!QI A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION
LEGAL DESCRIPTIDN:
A parcel of land being 0 portion 01 Sections 5 and e. Township 29 Soulh, Range 15 Easl. Pinellos
Counly, Florida, b.ing more parliculorl, described os 'ollows:
COMvENCE 01 Ihe Southeast corner 01 Tracl A, "A RE-SUB OF BLOCKS 10-11 AND LOTS 2 TO 15 INCL. BLOCK
9 DF THE REVISED MAP OF CLEARWATER BEACH", os recorded in Plot Book 19. page 9601 the Public
Records of Pinellas County, Florida: I"ence N210:37'34'E, along Ihe East line 01 said Trocl A, some
being Ihe West RighI-aI-Way lin. 01 Mandaloy Avenue, according to said 'A RE-SUB OF BLOCKS 10-1 I AND
LOTS 2 TO 15 INCL, BLOCK 9 OF THE REVISED MAP OF CLEARWATER BEACH' (BEING THE BASIS OF BEARINGS FOR
THIS DESCRIPTION), lor 182.:33 le.l: 'he.ce NOzo41 '34"E olong sold East line 01 Tract A, same being
said West Right-aI-Way line 01 Manda/ay Avenue, lor 110.50 het to the point 01 Inte"ectian with
Ihe South Right-aI-Way line 01 Ambler SIreet, according to "MILLER'S REPLAT', os recorded in Plat
Book 26, page 17 01 thl Publ ic Records 01 Pinellas County, Florida; thence NB9006'59'W, along said
SOl/Ih Right-aI-Way line 01 Ambler Streel, lor 160.00 feel 10 the poinl 01 inlerseclion with Ihe
Sal/therly ulension 01 tIle Easl line 01 LoI 9, sold "MILLER'S REPLAT": thence ND204I':34"E, along
said SOl/therly exlension 01 the East I in. 01 Lot 9, and said East line 01 Lot 9, respectively, lor
100.05 feet 10 the polnl 01 interseelion, with Ihe North line at the SOl/lh BO.OO Ieel 01 said Lot 9:
thence N89006'59"W, along said Norl" line 01 I"e Soulh 60.00 Ieet 01 Lol 9, for 60.00 leet to Ihe
point of inlorsecljan wi Ih the West line 01 said LoI 9; thence N02041 '34'E, along sold West line 01
Lot 9, for 6.96 leet to the Northwest corner 01 said Lot 9: Ihence NB9006'59"W, along the North line
of Lot 10, said 'MILLER'S REPLAT', the NClrlh line 01 LoI I, said 'MILLER'S REPLAT" , and Ihe Westerly
exfension of said North I ine of Lot I, respectively, lor 199.15 10 Ihe POINT OF BEGINNING; thence
SD3"4Z'16'W 'eovlng said North line 01 Lal 10, said "MILLER'S REPLAT" , Ihe North 1 ine 01 LoI I, said
'MILLER'S REPLAT', and Ihe W.slerly extension 01 soid North lin. at Lot I, respectively, lor 43D.48
feet to the Intersection ot Ihe West..rly extension 01 Ihe Centerline Baymanl Slreet ; thence
NB90Z6'04'W along said Westerly exlensiol1 01 Ihe C..nterline Boymonl Slreel, lor 190,29 feel: thence
N03" 42 , 16'E leaving said Westerly extension 01 Ihe cenlerline 01 Boymant Slreel, lor 431.54 Ieet to
the intersection 0,1 fhe Westerly extentian at Ihe centerline 01 Baymonl Street: thence along said
Westerly Extension 01 the Soulh line 01 the North Ambler Slreel SB9006'59'E, lor 190.2:3 feet 10 Ihe
POINT DF BEGINNING.
Containing 81.894 square feet or 1.860 Clcres, more Dr less.
Error 0 I c I aSl/r e: 0.001 Ieet (SMB)
SEE SHEET I FOR LEGAL DESCRIPTION
SEE SHEET 2 FOR SKETCH
NOTE, TNIS LEGAL DESCRIPTION ANO SKETCH WAS PREPAREO "nN THE BEHEnT or THAT CERTAIN BOUNOARY SURVEY TlTLEO 'BOUHOARY SURYERY AND KAN
HIGH WATER LINE SURVEY-; PREPARED BY FLORIDA DESIGN CONSULTANTS. INC~. JOB NtA6ER 997-250. THE GEe>>.tETRY PERTAINING: TO T}fE PARCEL Of'
~ISB~~~E~~S~~I:~OA~~~~E':~LgE:g~~~~1~~E~~EL" BASEO UPON THE GE<M:my AS DESCRIBEO ON THE RECORDED OOCLKNlS AS NOTED HEREIN
PREPARED FOR:
JMC COMMUNITIES
SHEET DESClllPlION:
CLEARWATER BEACH EAST PARCEL
=
NONE
DAre OR"....'
09116/04 GEH
CAlCEO,
5MB
CHECKED:
5MB
JOB No.: EPN:
997-250 53
SEClIQN,
5 8 B
TO....SHIP'
29 S
RANCE:
15 E
~ FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS
J SURVEYORS a PLANNERS
3030 SIGrkey Blvd.
.New Porf Richey, Florida 34651'5
(7271 649-7566
Certificate of Authorization: lIB 6707
State 01 Florida
NOT VAliD WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED StAt OF A FLORIDA
LICENSED SURVEYOR Ai'll) )1PPER,
~t2 l/ft~ M
SAMUEL MARK BEACH
PROFESSIONAL SUHVEYOR AND MAPPER
LICENSE NUMBER L3 6261
@Copyright 2004 f1orido Oesi n Consullanb Inc. Drawin sand cOfJIJce ts may not be used or reproduced Without written permiSSion. Sheet ~ of L
Development Agreement
Page 57
ADOPTED
F:\jmc\hunter\City Development Agt.14.w~h ems.doc
J: \53\Pra,l)ata\Dwgs\LS\53_997-250-LS1.d"g - Sep 16. 2004 0 4: 04pm - g"ill
THIS IS lliU A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
S89-06'59"E
190.23'
Vlt:STrRL Y EXlENSlON OF
THE N UNE OF LOT 1
LOT 3
LOT 4
N
~
o 50
,....-
100
I
10' PEDESTRIAN EA$0.4ENT
[ PER ORB 2226. PG 719
- ----------------------
-1----------------------
I
I
I
1
I
I POC
Vlt:STERLY EXlENSlON OF SEE SHEET I FOR LEGAL OESCRIPTION SE COR TRACT A
THE CENTrRUNE BA'l!.AONT S1 SEE SHEET Z FOR SKETCH
NOTE: THIS LEGAL DESCRlrTlOH AND SKETCH WAS PREPARED WITH THE BENEFIT OF THAT CERTAIN BOUNOARY SURVEY TITLED 'BOUNOARY S1RIERY AND MEAN
HIGN WATER LINE SURVEY': PREPARED BY FLORIDA DESIGH COHSUlTAHTS, IHe" J08 NI.MlER 997-ZS0. THE GEOMETRY PERTAINING TO THE PARCEL OF
LANO BEING OESCRIBEO HEREIH (THE DESCRIPTIOHI IS SOLELY BASEO IlI'ON THE GEOMETRY AS DESCRIBEO OH THE RECOROEO OOCUMENTS AS NOTED t<EJlEIN
AND I S SUBJECT TO AN ACCURATE FI ELD BOUNOARY SURVEY.
lENGTH
6.96'
I"
-+ "
",0
- III
;;to
N-
O-
Z
,w
10 "
~ ~
. If)
"I ,
'<t ~
, ",
~'<t
Z
TOTAL AREA=
81,892 sa FT
OR 1,880 AC, MOl
~
10 -
-- ~
"I '
...,. 0
, ",
~ '<t
(1)
1'-.
1 WEST UNE TRACT A TRACT A
A RE-SUB OF BLOCKS 10-11 AND LOTS
2 '10 15 \Net. BLOCK 9 OF THE
RE'/lSID MAP OF Q.EARWATER BEAClf
PO 19. pc; 98
25.00' EA$0.4EN1 FOR STREET
[PURPOSES PER DB 1550, PG 629
-----------------------
LINE
L1
UNE TABLE
BEARING
N02'41'J4"
!11
~
.1...
S
~
~
~
N89'26'04"W
190.29'
PREPARED fOR:
JMC COMMUNITIES
SHEET OESCRIPnON,
CLEARWATER BEACH EAST PARCEL
SCALE: DATE: DRAWN:
I" = 100' 09/16/04 GEH
JOB No.: EPN:
997-250 53
SEcnQH:
588
CALeEO:
5MB
TOWNSHIP:
29 S
CHECKElr.
5MB
RANGE:
15 E
~ FLORIDA DESIGN CONSUL TANTS, INC.
ENGINEERS, ENVIRONMENTALISTS
, SURVEYORS S PLANNERS
.3030 Starkey Blvd.
N~*, Pori Richey. F'lorida 34655
(727) B49-7566
Certificate of Authorizotion: LB 6707
State of Florido
NOT VAliD WITHOUT THE: SIGNATURE
AND THE ORiG!tML P.t.I::E!) SEAL OF A FLORIDA
<~::Q"t4::~'
SAMUEL MARK BEACH
PROFESSIONAL SURVEYOR AND MAPPER
LICENSe. NUMBER LS 6261
@Cop}'f"iI:jht 2004 florlda Design Consultants. Inc. 0,.-owin9' cnd concepts may not be used or reproduced without writt.eo permission. Sheet ___ of -2....
Development Agreement
Page 58
ADOPTED
F:\jmc\hunter\City Development Agt.14.with ems.dfce
EXHlali c
Pro jeet Site
.../
LL
ROCKAWAY ST.
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Development Agreement
Page 60
ADOPTED
F:~mc\h1llrlter\City Development Agl.14.with ems.doc
Exhibit H-l
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-------.. .. ....-. 1,;;.....,
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Development Agreement
Page 80
ADOPTED
!i~F.Y~ SUBMITTAL~
I S!;E. ftlCi!N~R~ F'.AH5 frY. ~I'~[.
'RfTNTlOH. ""'-0 TREE D!J'lO'..ltlClN r.v."l~.
II: SEE Afib.l;-f'l~ F..AN:. F~ Al.... COVf"~
PAR"~ SPACfS A~~ "A,1iIC.IH:i. ~'VI~o-c..'TS
3. SEE t:NGlt-ln.:R5 PL....."i'J ~ l"Ree lI(V~""Ok-r
011I. SEE a<oIN(!:Rll r-1.A~ fOR. i'Rtvlo.."!l
!!UiRfJol"! C.t.t.a..ILAi1l::X5.
!S.!it.[ ~^",J: 1<7TCS"Oft 1M' l.AA~
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,..''''.''IT....p.z-~ AP..,IA(:t!IoI, T~.ALl FUBlY..
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F:\jmc\hunter\City Development Agt,14.with e><hs.doc
EXHIBIT H.2
"
LIFT STATION IMPROVEMENTS
~
~
NORTH
~
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9w
I
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Development Agreement
Page 82
ADOPTED
F:\jmc\hunter\City Development Agt.14.with ems.doc
Exhibit I-I
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Development Agreement
Page 88
ADOPTED
F;~mc\Jlunter\City Development Agt.14.with ew.tIoc
EXHIBIT N
Boat Dock Improvements
z A.
---
w
C
4:
Z
~
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en
w
._~~ USE
.sue..J<llIM
38 SUPS HOTEI./DMlOPER eotmaJ.ED
19 SlIPS CllY CONlROWJl
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CLEARWATER BEACH
FAMILY RECREATION CENTER
)---
BELLE HARBOR
MANDALAY. AVE,
Development Agreement
Page 101
ADOPTED
F:\jmc'\h:unter\City Development Agt.14.with ems.doc
Development Agreement
Page 133
ADOPTED
"
EXHIBIT "A"
Boat Dock Improvements
:z: -..4.
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. BELLE HARBOR
CLEARWATER BEACH
FAMILY RECREATION CENTER
MANDAlAY AYE.
F:'Jmc\hunter\City Development Agt 14.with e*tS.doc
E"'~ "\I /-.
~~. I vO -
...
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City Council
=_.,,,,,,,..,,,,..~!J=da ~..~yer Memora nd u "l..m...."....=_="....""".",=_w....".""...........,.........."...."..=,,,,,,,,_.. ==,,~
q .:-\
Trackina Number: 1,063
Actual Date: 01/20/2005
Subject / Recommendation:
Approve applicant's request to vacate Beach Drive from San Marco Drive north to Baymont Street
(470 - 495 Beach Drive), subject to specified conditions, and approve Ordinance Number 7369-05
on first reading, (VAC2005-01 Hunter Hotel Company and Mandalay Investments, LLC),
Summary:
The applicant is seeking vacation of Beach Drive with the intent to incorporate the vacated
property into a mixed use development proposing 253 hotel units, 119 attached units and 11,000
square feet of retail sales and services,
According to the proposed development agreement for this project, commencement of
construction of the Hotel Phase of the project is to occur within one year of the date of approval of
the Development Agreement (except that the time period is tolled during the review period of
building permits) or a maximum of two years from the date the Development Agreement is
approved,
Knology Broadband has no objections to the vacation request, Progress Energy, Verizon and
Brighthouse Cable have reviewed the applicant's request and have no objections provided that the
applicant assumes all costs related to relocation of their facilities,
The City has sewer, water, gas and stormwater facilities in the right-of-way portion to be vacated,
These facilities will be relocated in a coordinated manner with appropriate city staff,
Public Works Administration has no objections to the applicant's requested provided that the
vacation is subject to the following three conditions:
1) Construction of the project described in the development agreement shall commence within
two years of the effective date of this ordinance, 2) all public and private utilities shall be
relocated at the developer's expense and to the approval and acceptance of the utility owners
with all out of service utilities removed prior to the completion of the project and 3) this vacation
shall be rendered null and void if any preceding conditions are not met,
Oriainating: Engineering
Section: Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearina: Yes
Advertised Dates: 01/02/2005
01/09/2005
Financial Information:
Review Approval
Michael Ouillen
12-28-2004
11:25:56
City Council
__""M1!!!!,da C~~~r Memora n!!~,n:'I_~;"__.,_"",,,,
Brvan Ruff 01-04-2005 09:41:27
Bill Horne 01-14-2005 10:02:21
Michael Quillen 12-28-2004 11:36:12
Cvndie Goudeau 01-14-2005 10:23:37
Frank Gerlock 12-30-2004 14:37:40
Ga rry Bru m back 01-14-2005 09:34:48
ORDINANCE NO, 7369-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE 50-FOOT STREET
RIGHT-OF-WAY OF BEACH DRIVE FROM SAN
MARCO STREET NORTH TO BA YMONT STREET;
SUBJECT TO SPECIAL CONDITIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Hunter Hotel Company and Mandalay Investments, LLC,
owner of real property located in the City of Clearwater, has requested that the City
vacate the right-of-way depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general
public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1, The following:
The 50-foot street right-of-way of Beach Drive (F,K.A. Gulf Boulevard) from
San Marco Street (F.K.A. Mangrove Street) north to Baymont Street,
subject to the following conditions:
1) Construction of the project described in the development agreement
between the City of Clearwater and CBR Development I, LLC and CBR
Development II, LLC shall commence within two years of the effective date
of this ordinance,
2) All public and private utilities shall be relocated at the developer's expense
and to the approval and acceptance of the utility owners with all out of
service utilities removed prior to the completion of the project.
3) This vacation ordinance shall be rendered null and of no effect if any of the
preceding conditions are not met.
Section 2, The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption,
Section 3, This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
ORDINANCE NO, 7369-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D, Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7369-05
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City of Clearwater, Florida
Public Works Administration/Engineering
Date City of Clearwater Vacation DWG, NO
11/10/04 JMC VAC 2005-01
Drawn By Sheet
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Checked B See- Twn.Rn
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267 A 7369-05
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Public Works Administration/Engineering
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Checked By Baymount Street To Sec-Twn-Rng
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267 A 7369-05
City Council
"'=m_~gend~="fov~~_,~,,~!"orandu!!!__'m""m_m'.""
PLD- I
L1.S
Trackino Number: 1,062
Actual Date: 01/20/2005
Subiect / Recommendation:
Approve amendment to the Community Development Code imposing a moratorium upon certain
development approvals for the Old Florida District Subarea of the Beach by Design Special Area
Plan concerning Clearwater Beach and Pass Ordinance No, 7385-05,
Summary:
In September 2004, the Planning Department prepared an in-depth review of a portion of the
Old Florida District Subarea of the Beach by Design Special Area Plan governing Clearwater
Beach, This study identified discrepancies between the area's zoning and land use patterns as
well as inconsistencies between the Old Florida District provisions set forth in Beach by Design
and the underlying zoning, The City Council concurred with the report's findings and recognized
the need to amend Beach by Design to clarify allowable uses, forms of development and density,
The Council also recognized that such a study may result in a land use plan amendment,
rezoning and/or revised land development regulations for the Old Florida District,
Based on the significant development pressures in this area along with the issues described
above, the Planning Department is recommending that a nine-month moratorium be established
for the Old Florida District subarea so that revised policies can be prepared and adopted,
Attached please find the staff report for further analysis and Ordinance No, 7385-05,
The Community Development Board (CDB) will review the proposed amendment at its regularly
scheduled meeting on January 18, 2005, The Planning Department will report the
recommendations of the CDB at the City Commission meeting,
Originating: Planning
Section Administrative public hearings
Cateoory: Code Amendments, Ordinances and Resolutions
Number of Hard Cooies attached: 0
Public Hearino: Yes
Advertised Dates: 01/18/2005
01/20/2005
02/03/2005
Financial Information:
Review Approval
Gina Clavton
12-28-2004 14:33:31
Garrv Brumback
01-03-2005 16:36:56
Leslie Douaall-Sides
12-28-2004 15: 03: 14
Bill Horne
01-03-2005 20:44:21
Cvndie Goudeau
01-04-2005 14:54:45
~
CDB Meeting Date:
Case Number:
Ord, No,:
Agenda Item:
January 18, 2005
T A2004-12-00 1
7385-05
F4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
OLD FLORIDA DISTRICT MORATORIUM
INITIATED BY:
Planning Department
BACKGROUND:
Beach by Design, the special area plan governing development on Clearwater Beach,
established eight distinct districts within Clearwater Beach to govern land use, The Old
Florida District is the northern most area governed by the Plan, It is comprised of 36.4
acres of land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on
the east, Rockaway Street on the south and the rear property line of the properties
fronting the north side of Somerset Street (see Old Florida District Boundaries Map),
Beach by Design describes the Old Florida District as "an area of transition between
resort uses in Central Beach to the low intensity residential neighborhoods to the north of
Acacia," The Plan supports the renovation and limited redevelopment of this area based
on existing conditions and identifies new single-family dwellings and townhouses as the
preferred form of development.
In September 2004, the Planning Department prepared an in-depth review of a portion of
the Old Florida District. The findings of the study identified discrepancies between the
study area's zoning and land use patterns as well as inconsistencies between the Old
Florida District provisions and the underlying zoning, The report indicated that these
inconsistencies make the administration of land development provisions difficult in the
Old Florida District and result in unrealistic or uncertain property owner and developer
expectations, It also indicated that there is the potential for inconsistency in the review of
development proposals.
The study indicated that similar issues exist for the remainder of the Old Florida District
not included in the study and recommended that the desired character of the entire Old
Florida District be determined and that Beach by Design be revised accordingly, The
City Council concurred with those findings and recognized that amendments to Beach by
Design may result in a land use plan amendment, rezoning and/or revised land
development regulations for this area to be in conformance with revised policies,
Staff Report - Community Development Board - January 18,2005 - Case TA2004-12-001 1
ANALYSIS:
Beach by Design was effective on June 6, 2001. A total of nine site plan applications for
new construction have been submitted for property located in the Old Florida District
(see attached map), eight of which were submitted in 2004. Of the total applications,
only two have been consistent with the preferred form of development identified for Old
Florida, Due to the significant development pressures in this area and the inconsistencies
between the Old Florida District provisions and the underlying zoning, the Planning
Department is recommending that a nine-month moratorium be established for the Old
Florida District (between February 3, 2005 - November 18, 2005), During the
moratorium the Planning Department will prepare and process revisions to the Old
Florida District to clarify the vision of Old Florida and to eliminate the divergences
between Beach by Design and the underlying land use and zoning, It is anticipated that
the revisions will result in necessary amendments to the Future Land Use Plan Map and
Zoning Atlas and potentially to the land development regulations,
The proposed moratorium will preclude the processing of comprehensive plan
amendments, rezonings, certain development approvals, orders and permits in the Old
Florida District that are not consistent with the preferred forms of development as set
forth in Beach by Design (single family dwellings, townhouses and neighborhood retail
uses), The proposed moratorium ordinance provides that site plan applications (for uses
other than the preferred forms of development) that have been submitted and determined
to be complete and sufficient by March 3, 2005 and approved by April 20, 2005 may
proceed provided time frames established in the development order for permitting and
issuance of certificate of occupancy are met. This exception allows site plan review
applications submitted to the Planning Department by the January 31, 2005 deadline
(prior to the anticipated adoption of the moratorium on February 3, 2005) to be
processed, Any site plans received after the January 31 st will not be processed,
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments,
Any code amendment must comply with the following,
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan,
Below please find a selected list of policies from the Clearwater Comprehensive Plan that
are furthered by the proposed amendment to the Community Development Code,
2,1.2 Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the
establishment of a limited density pool of additional hotel rooms to be
used in specified geographic area of Clearwater Beach, enhancement of
public rights-of-way, the vacation of public rights-of-way when
appropriate, transportation improvements, inter-beach and intra-beach
Staff Report - Community Development Board - January 18,2005 - Case TA2004-12-001 2
transit, transfer of development rights and the use of design guidelines
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines,
2,1,3 The area governed by Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines shall be recognized on the
Countywide Future Land use map as a Community Redevelopment
District. This area is bounded on the north by the line dividing the block
between Acacia Street and Somerset Street, the Gulf of Mexico on the
west, Clearwater Harbor on the east and the Sand Key Bridge on the
south, excluding Devon Avenue and Bayside Drive, Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal
Waterway with a Future Land Use designation of RecreationJOpen Space
shall be excluded from the community Redevelopment District.
The above policies indicate the City's commitment to beach renewal in compliance with
the provisions of Beach by Design, the special area plan for Clearwater Beach, The
policies support the establishment of districts within the Plan area and indicate that the
Plan area is designated as a Community Redevelopment District. Policy 3,2,1 of the
Future Land Use Element includes a table detailing each plan classification and the
maximum development potential allowed, The Resort Facilities High land use plan
classification specifies that the maximum development potential is as set forth in Beach
by Design, A large area of the Old Florida District is designated Resort Facilities High,
therefore, Beach by Design should govern development potential. Since the Old Florida
District provisions are not clear, the moratorium enable Beach by Design amendments to
be prepared and processed so the Old Florida District provides clear direction on the
desired character and addresses allowable uses and density,
5,1.3 The City shall recognize the overriding Constitutional principle that
private property shall not be taken without due process of law and the
payment of just compensation, which principle is restates in Section
163,3 1 94(4)(a), Florida Statutes,
The proposed moratorium is for a specific timeframe of nine months and does not
permanently take away property rights, During the moratorium, development that is
consistent with the preferred forms of development set forth in the Old Florida District
can be processed.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendment is consistent with the following purposes of the Code,
Staff Report - Community Development Board - January 18,2005 - Case TA2004-12-001 3
. Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the city;
to establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city.
The imposition of a moratorium for nine months provides the necessary time to develop a
study of the entire Old Florida District and engage the public in a meaningful dialogue to
determine the desired character for this area and revise Beach by Design accordingly,
Revising the Plan will more than likely result in the need to amend the comprehensive plan
and zoning of this area, Clarifying the Old Florida District provisions will result in the
orderly growth and development of this area, It will also enhance the character of the area as
well as the quality of life of the residents in this District and the surrounding areas. By
eliminating discrepancies between Beach by Design and the underlying land use and zoning
the Comprehensive Plan will be properly implemented,
. Section 1-103(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development ofland within the city.
The proposed moratorium will enable the City to develop more specific provisions to
govern land use, density and intensity and scale of development within the Old Florida
District. The clarification of these provisions will assist in the orderly and beneficial
development of land within this area, Clarification of the discrepancies between the land
development regulations and the special area plan will normalize developer/property
owner expectations and provide more certainty to the development process which will
lead to the economic stability within the area,
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with the
Comprehensive Plan and the Community Development Code for the reasons cited above,
The moratorium is needed due to significant development pressures in the Old Florida
District of Beach by Design, the special area plan governing this area, and the
discrepancies between the existing land use patterns and zoning and between the Old
Florida District provisions and underlying land use and zoning, The moratorium will
allow limited development to occur provided it is consistent with the existing provisions
of the Old Florida District.
The Planning Department Staff recommends APPROVAL of Ordinance No, 7385-05
that imposes a moratorium for a period of nine months,
Staff Report - Community Development Board - January 18,2005 - Case TA2004-12-001 4
Prepared by Planning Department Staff:
Gina L. Clayton, Long Range Planning Manager
Attachments:
Old Florida District Boundaries Map
Old Florida District FLS and FLD - New Construction Projects Map
Ordinance No, 7385-05
Staff Report - Community Development Board - January 18, 2005 - Case TA2004-12-001 5
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ORDINANCE NO. 7385-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A
MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN
DEVELOPMENT APPROVALS, ORDERS, AND PERMITS,
INCLUDING PROCESSING, FOR THE OLD FLORIDA DISTRICT
SUBAREA OF THE BEACH BY DESIGN SPECIAL AREA PLAN
CONCERNING CLEARWATER BEACH; PROVIDING FOR
COVERAGE AND DURATION OF THE MORATORIUM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
SUPERSESSION OF INCONSISTENT SECTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has the authority pursuant to Florida
Constitution Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend
land development regulations; and
WHEREAS, Beach by Design was adopted by Ordinance No, 6689-01 as a
Special Area Plan pursuant to the provisions of the City's Comprehensive Plan, Florida
Statutes Chapters 163 and 166, and Pinellas County Countywide Rules, and
subsequently amended; and
WHEREAS, the Old Florida District Subarea of Beach by Design specifies that
"the mix of uses in the District favors residential more than other parts of Clearwater
Beach and retail uses are primarily neighborhood-serving uses", that it "contemplates
the renovation and revitalization of existing improvements with limited new construction
where renovation is not practical", and that "new single family dwellings and
townhouses are the preferred form of development" but does not provide guidance for
any other uses, and it therefore is unclear whether the uses identified in the description
of the Old Florida District are the only permitted uses; and
WHEREAS, conflicts exist between the Old Florida District Subarea provisions of
Beach by Design and the underlying land development regulations of this area; and
WHEREAS, a significant area of the Old Florida District is zoned Tourist (T),
however, the Old Florida District provisions do not support certain commercial uses;
and
WHEREAS, the Old Florida District provisions characterize this area of
Clearwater Beach as a transitional area between the resort uses in Central Beach and
the low intensity residential neighborhoods to the north of Acacia Drive, however, the
zoning district provisions are essentially the same in the Old Florida District as in
Central Beach; and
Ordinance No, 7385-05
WHEREAS, proposals for development inconsistent with the Old Florida District
provisions continue to be submitted to the City for review and approval; and
WHEREAS, the Planning Department prepared a preliminary study and Staff
Report submitting three Options, and presented it to the City Council, and the Council
selected the approach contained in Option 3, which would recognize the western part
of the study area as appropriate for both residential uses as well as overnight
accommodations, but would not recognize retail and office or other uses as permitted
uses, and the Council has directed the Planning Department to further study the issues
and develop implementing amendments; and
WHEREAS, it is therefore necessary to curtail certain uses during the time
period required for further study and for implementation of study results by means of
appropriate amendments to the City's Comprehensive Plan, addition of appropriate
zoning overlay district(s), amendment of Beach by Design, development of appropriate
new zoning district(s), and rezoning of the study area; and
WHEREAS, such study and result implementation are expected to take up to
and including November 18, 2005 to process; and
WHEREAS, it is necessary to impose a development moratorium upon
processing, approval, and permitting for uses which are not referenced in Beach by
Design as existing, contemplated, or preferred in order that such study and result
implementation may occur;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater, Florida hereby finds that a
moratorium on certain development, including processing and issuance of certain
approvals and permits, is necessary in order to protect the public health, safety, and
welfare for a period during the pendency of the City's planning study process and the
adoption of appropriate amendments to the City's Comprehensive Plan, addition of
appropriate zoning overlay district(s), amendment of Beach by Design, development of
appropriate new zoning district(s), and rezoning of the study area,
Section 2, A moratorium is hereby imposed upon the following:
Within the Old Florida District Subarea of the Beach by Design Special
Area Plan concerning Clearwater Beach, all new uses other than: 1,
neighborhood-serving retail uses; 2, renovation and revitalization of
existing improvements [with limited new construction where renovation is
not practical]; and 3, single-family dwellings and townhomes,
2
Ordinance No, 7385-05
Section 3. During the period of this moratorium the City shall not process or
issue any comprehensive plan amendments, rezonings, development approvals,
development orders, building permits, or other related permits, nor shall it process
applications, concerning matters set forth in Section 2, above, This provision shall not
apply to any applications which have been submitted and been found to be complete
and sufficient as March 3, 2005 under the provisions of Community Development Code
Article 4, and provided that the application is approved no later than April 30, 2005 and
the project meets the timeframes required by the Development Order for permit
submittal and certificate of occupancy,
Section 4. The moratorium established by this Ordinance shall commence on
the effective date of this Ordinance and shall remain in effect through and including
November 18, 2005.
Section 5. If any section, provISion, clause, phrase, or application of this
Ordinance shall be declared unconstitutional or invalid for any reason by a court of
competent jurisdiction, the remaining provisions shall be deemed severable therefrom
and shall remain in full force and effect.
Section 6. All Ordinances or parts of Ordinances of said City in conflict with the
provisions of this Ordinance are hereby superseded to the extent of such conflict.
Section 7. This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V, Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No, 7385-05
f
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; Clearwater
o
City Attorney's Office
Memorandum
TO:
Cynthia H, Tarapani, Planning Director
FROM:
Leslie K. Dougall-Sides, Assistant City Attorney
RE:
Development Moratorium in Old Florida District
of Beach by Design Area Plan
COPIES:
Pamela K, Akin, City Attorney;
Gina L. Clayton-Ghomshe, Planning Manager
DATE:
November 10, 2004
You have asked whether a moratorium on development in the Old Florida District
of the Beach by Design Area Plan would be appropriate in order to conduct further
planning study and prepare and adopt any necessary plan amendment and rezoning
ordinances, and whether it is legally feasible to issue approvals for only the currently
designated "preferred uses" in the District pending these actions, A Beach Rezoning
Study was presented by the Planning Department to the City Council on September 2,
2004, posing several options, The Study concluded that regardless of the option chosen,
additional study is needed to determine the character for the entire Old Florida District
and to revise Beach by Design accordingly, The Study also concluded that amendments
to the MHDR and T zoning districts would be necessary, and contemplated a meaningful
public involvement process,
In Florida it is well settled that a local government may enact an ordinance placing
a temporary moratorium on building and development while adopting new comprehensive
plan and zoning provisions. Franklin County v, Leisure Properties, Ltd" 430 So, 2d 475
(Fla, 1st DCA 1983), rev, denied, 440 So, 2d 352 (Fla, 1983). A moratorium is adopted by
ordinance with the same formalities as a rezoning ordinance, City of Sanibel v, Buntrock,
409 So, 2d 1073 (Fla, 2nd DCA 1981), rev, denied, 417 So, 2d 328 (Fla, 1982), A time
period in the six-month range is the most likely to be upheld, In cases where the
governmental agency has applied, not a regulatory approach, but a "thinly veiled attempt
to acquire" property, moratoria have been struck down, ~,Joint Ventures, Inc, v, Fla,
Dep't of Transportation, 563 So, 2d 622 (Fla, 1990)(state agency recorded reservation
map prohibiting development in area where property acquisitions by it were
contemplated), The "pending ordinance doctrine" has been applied to capture and deny
applications where zoning changes are pending at the time of application, Smith v, City
of Clearwater, 383 So, 2d 681 (Fla, 2nd DCA 1980) rev, dismissed, 403 So. 2d 407 (Fla,
CLEARWATER
Regional Chamber
of Commerce
c:r
i) 4.
December 3, 2004
Kevin Dunbar, Director of Parks and Recreation
City of Clearwater
100 S. Osceola Avenue
Clearwater, FL 33756
Dear Kevin:
Over a year ago, the Chamber formed a task force to look into the various issues surrounding
the Harborview Center and forwarded a list of recommendations to the city, the St.
Petersburg/Clearwater Convention and Visitors Bureau, and Global Spectrum. We understand
negotiations are currently underway with Global Spectrum for the on-going management of
the center on the City's behalf.
While the center is now proving to be more fiscally responsible, the Chamber's Tourism
Marketing Committee still has concerns about the feasibility and effectiveness of a center of
this configuration, location and size. The Task Force specifically looked at city-wide
conventions and how to gamer more of this business in Pinellas County,
In addition, the Chamber is concerned that without a plan in place to accommodate the many
c0111.munity events held at the Harborview Center, the city will choose to close the center 111
2009 with no replacement venue available for these community and convention-style events.
The Chamber would like to recommend that the city immediately form a task force or solicit a
fannal feasibility study to address two things: (1) the need of a conventlon and/or community
center in Clearwater and (2) to determine the future (beyond 2009) of the CU1Tent center.
We would be glad to assist the City in the formation of the task force and/or study and to be
active participants in determining how to best accommodate the needs of the tourism industry
and the residents Clearwater.
Smcere1y, ~. ~~
~ Chaimlall oflhe Boaed
President, MOlion Plant Mease Foundation
CC: Mayor and Councilmembers
Bill Horne, City Manager
Garry Brumback, Assistant City Manager
The Voice of Business in Our Community
1 1 30 CLEVElAND STREET
CLEARWATER, FL 33755-4841
www.c1earwaterflorida.org
727/461-0011
FAX 727/449-2889
Executive Committee
Holly Duncan
Chairman of the Board
Doug Graska
Chairman-Elect
Gloria Campbell
Vice Chairman' Business
Karen Dee
Vice Chairman' Membership
Bud Elias
Vice Chairman' Governmental
Affairs/Economic Development
Oliver Kugler
Vice Chairman. Special Events
John Doran
Vice Choirman ' Tourism
Robert Clifford
Vice Chairman' Areo Councils
Jeanette G. Renfrow
Treasurer
V. Raymond Ferrara
Immediate Past Chairman
Julius J. Zschau
legal Counsel
Katie Cole
Acting President, CEO
Board of Directors
Les Agres
Ed Armstrong
Andrea Boitnott
Steve Book
Phillip Beauchamp
Bob Clark
Cristina Coffin
Kelly Crandell
Wendy Damsker
Ed Droste
Pat Duffy
Bill Evans
Jerry Figurski
Robert Freedman
Arthonia Godwin
Gory S. Groy
Robert Kinney
Charlotte Korba
Deborah Kraujalis
Brigitta Lawton
Judy Mitchell
Frank Murphy
Bob Rohrlack
Bob Roperti
Patricia Rowell
Bill Short
Cathleen Smith
Ron Stuart
John Timberlake
Chuck Warrington
Richard Wilhelm
Doug Williams
--.,.
TBBA
TAMPA BAY
BUILDERS ASSOCIATION
Via Fax
January 20, 2005
Jan-20-05 15:40
1'W.'_~U";"'l
MI.:J! BA[l.TOL~TTA
1''''IL~lnll~ l~l.W'1
TEll. I MCGlNNI~
l'IIu.T Vlel'. "IU~"'IN""""'"
OALF- DAHLIN
\"Ic.,: rntl,.oollt"'''(f!fU.\",I..Mk
JI!FFEWTNG
'"I"'. .11.u.'blt.\.'T,.CI~C.'Il~' .ut'"
KRIST I corm.R
l\nlltnb"It'.I'o'l"l'hllhUlV.':\1
BILL "^UL
1\"I~." I' ,.., ,..11"1' n,,~ 1'1I~ "11I\ :q
JErr. fIILI.'
\.1.\111 ,I.I,U' -:-..,
JUDY j,\ME:i
"""I" '1~11"I\ \.In'. rrc,.;,I.,um....'
JOSEPH ^ NI\l\I,IF.wICZ
aUlI 1I11!~ "ntrl,'ull.
Di\.N BICZ
TliERE$^ L YNJII COL.LINS
GliM!.D eVIl
~HNl.ON DONOFRIO
J ~SS[ 0 REF-N
1'108 JESS'"
ROtJ KRIEFF
JOHN L1NTZ
Ti\.M~I~ LVNCH,I'^LK^
STEVE MC:AULIFFE
EO PAI\SI.<Y
I),\VIO ~r:I,1."''1~
rR~O SIKORSKI
~ll~
FilED OEI'lNK~
JI:"'" OORDZIO
EO F M:'MEI\
LIS!\. Ki\.TNV
ITUGtlllC:H'rER
F IlNIK M..c: ~
RMIDY SORTOKJ!
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(jIJILD~
From-BUILDERS ASSOC
813-874-1000
T-216 P 002/002 F-810
0;.5
2918 West Kennedy Blvd, · Suite 201 · Tampa, Florida 33609
Phone (813) 873-1000
Fax (813) 874-1000
www.tbba.net
The Honorablc Frank Hi bbard
The Mayor of the City 0;- Clearwater
P. 0, Box 4748
Clearwater, FL 33758-4748
COPIES TO
CITY COUNCIL
JAN 20 2005
PRESS
CLERK/ATTORNEY'"
Dear Mayor Hibbard:
The Tampa Bay Builde1 = Association strongly opposes the proposed building
moratorium for the Old florida District of Clearwater Beach,
Although the members Jf TBBA understand that design guidelines are routinely
updated, this is neither an issue of natural resource or infrastructure availability nor a
response to public outCI y against the current developlnent, The members ofTBBA are
concerned that a moratc,rium is nothing more than a knee-jerk reaction to city staffs
workload and their desi:e to update the existing development criteria outlined by the
City's Beach by Desigr. Special Area Plan governing Clearwater Beach, The proposed
moratorium will do linl ~ more than send a negative message that the City of
Clearwater is llnable to manage ever evolving land development guidelines through its
regulatory process. We do not believe this is the message you wish to send.
Proposed projects are c ~lrrently sllbjected to a rigorous review prior to approval. This
review allows city staf' to deny projects that do not meet the cun-em criteria outlined
by Beach by Design. T lis review process also allows and encourages constructive
communication betwe~ 11 the developer and your staff to guide the developer in
meeting the existing cr~(eria, The proposed moratorium essentially destroys the
opportunity for this co: nmunication,
Moreover, we ask you Lo take into account the impact on the rights of property owners
affected by the mere 11reat of a moratorium.
Again, we are strongl) opposed the proposed building moratorium and urge you to
direct staff to work wihin the existing parameters for updating design guidelines.
I
Joseph A. Narkiewic2 .0
Executive Vice Pre sic \';nt
Tampa Bay Builders .\.ssociation
Brink, Carolyn
To:
Cc:
Subject:
City Council
Council Mail
FW: Beach Moratorium
COPIES TO
CITY COUNCIL
JAN 2 0 2005
PRESS
CLERK/ATTORNEY\
-----Original Message-----
From: Brink, Carolyn
Sent: Thursday, January 20, 2005 3:17 PM
To: 'Clifford,Bob'
Subject: RE: Beach Moratorium
Dear Mr. Clifford:
Council,
Your e-mail has been received and distributed to the Mayor and City
-----Original Message-----
From: Clifford,Bob [mailto:Bob,Clifford@SunTrust,co~
Sent: Thursday, January 20, 2005 2:17 PM
To: Brink, Carolyn
Subject: Beach Moratorium
Hi Carolyn,
Would you please pass my concerns regarding this issues to the mayor and the other members
of the city council.
A study, the Clearwater Chamber supported, which was done by the University of South
Florida showed that any type of building moratorium which is under taken results in lost
jobs, lost money and sends a negative message to investors and developers. The City of
Clearwater, supported by staff and the city council have been spending a tremendous amount
of time and money to encourage the development of Clearwater Beach and downtown, At this
point in the process, to come to a stop or a slow down undermines the momentum which is in
place, Private sector funding will be driving the long term economic benefit to the City
of Clearwater and its residents, To send them a message that our house is not in order
undermines the global picture for all of Clearwater, The expenditures by city government
to improve roads, utilities and visual appearance is only one piece of what is required
to developed a user friendly environment for residentsr business owners, investors and
tourist, The public sector will be the driver that will create long term tax base growth,
expanded amenities and job growth. The city, meaning the council and staff, have sent out
the message that the plans are in place to accommodate this development but now there is
thought process in place asking for a "time out", The comments I here from developers,
business owners and my own experience is that the process to get projects approved and
permitted is not user friendly, Let's not take another step backwards by stopping the
process, Consistent application of the guidelines, which are already in place, will reduce
the perception that Clearwater is fumbling as we get near the goal line,
Sincerely
Bob Clifford
SunTrust Bank, Clearwater Square Branch
Executive Board Member Clearwater Chamber
30b Clifford
Branch Manager
Clearwater Square
727-298-2902
727-298-2906 FAX
************************************************
The information transmitted is intended solely
for the individual or entity to which it is
1
01/20/2005 15:10 FAX
~ 001
'~I'1!I~ !:'~~Igp
,~ ., Industrial and Office Propertl~
The Forum for Commercial Real Estate
Tampa Bay Chapter
VIA F ACSlM1LE
January 20, 2005
COPIES TO
CITY COUNCIL
JAN 20 2005
I"' PRESS
'.--,LERK/ATTORNEY'
The Honorable Frank Hibbard, Mayor
City of Clearwater
POBox 4748
Clearwater, FL 33758-4748
Dear Mayor Hibbard:
On behalf of the 220 members and their 20,000 employees comprising the Tampa Bay Chapter of the National
Association of Industrial & Office Properties (NAlOP), this letter is to urge you to oppose Ordinance # 7385-05
imposing a building moratorium for the Old Florida District of Clearwater Beach.
NAIOP members are involved in master planning, fmancing, constructing and managing industrial and office
properties ". the places where our residents work. NAlOP members stand for CTeati1lC jobs through smart
growth. A building moratorium, even in a limited, residential area like the Old Florida district, will create the
opposite effect - it will cost jobs and diminish property values.
A moratorium is the most drastic of regulatory remedies, Imposition of moratoriums creates devastating, long-
lasting economic impacts on the affected community. Even if precisely targeted, the "stay-away" message a
moratorium gives the business, investment and development community is quickly heard and never forgotten, A
moratorium declares that the City does not have the rules, regulations, and elected officials in place to guide and
control the development process, It declares instability that will discourage interest in and investment in the City
for years to come,
Further, a moratorium is UIUlecessary. The City's existing land development code and Beach By Design are more
than adequate to achieve the City's vision for the Old Florida District. If you think the City needs additional
regulations, we request that you pursue those rather than a moratorium ... and we offer to work with yOll.
Thank you for your consideration.
Sincerely,
~
Bill Martin, Hawkins Construction
2005 NAI~P Tampa Bay President.
6107-6 Memorial Hwy ~ Tampa, FL 33615. 613-886-0245' Fax 813-884-0326' staff@naloptb.org
01/20/2005 15:13 FAX
[4J 001
Tampa Bay Regional Coalition
Supporting a Regional Approach to Quality Growth
6107.B Memorial HJghway
Tampa, FL 33615
813-885-4641
Via Fax
January 20, 2005
COPIES TO
OI:r:YOOUNCIL
JA~2Q 2005
PRESS
CLERK/ATTORNEY'
The Honorable Frank Hibbard, Mayor
City of Clearwater
POBox 4748
Cleaxwater FL 33758- 4748
Dear Mayor Hibbard:
The Tampa Bay Regional Coalition urges you to oppose Ordinance # 7385-05 imposing a
moratorium on a section of Clearwater Beach.
The members <;>fthe associations that make up the Tampa Bay Regional Coalition are involved
with aspects of economic development, construction, and real estate, Two years ago, the
Hillsborough County Commission was considering a building moratoriwn due to a shortage of
potable water in southern portions of the county, The Tampa Bay Regional Coalition engaged
the University of South Florida Center for Economic Development Research to determine the
economic implications of a building moratorium, Our major concern then is the same as today -
jobs lost - even in limited area such as the Old Florida district of Clearwater Beach.
The Coalition also asks you to take into account the rights of the property owners in the district
and surrounding areas.
Moreover, a moratorium ordinance sends a negative message to developers and investors
throughout the region, A moratorium will indeed be perceived as "killing an ant with a
sledgehanuner", Such an ordinance implies that the City does not have the appropriate tools,
plans, or processes to guide the development process,
Thank you for your consideration.
Sincerely,
/~ )- h-
------
Kevin Fulcher, Larkin Contracting .
Tampa Bay Regional Coalition Chairman
Bi Q~.i! 64 9.~ ~ ~'::~ ~ ~
Northpinellas: Moratorium likely dead issue
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Moratorium likely dead issue
While officials and residents say planning inconsistencies
need clarification, they agree a time-certain ban is not the
means,
ByAARONSHAROCKMAN
Published January 19, 2005
CLEARWATER - Even the city's top administrator admits a proposed
building moratorium for a portion of Clearwater Beach appears to be
dead,
City Council members questioned the nine-month construction ban on
new condominium buildings Tuesday morning at a city work session, In
the afternoon, the city's planning board recommended the moratorium be
rejected by council members at a meeting later this week.
About two dozen residents and business owners attended a Community
Development Board meeting to protest the rarely used planning tool.
One resident, Peter Meroli, brought an e-mail from City Manager Bill
Home in which Home wrote, "the moratorium issue will melt away next
Thursday,"
Home said later he does not think enough council members support the
idea,
"I'm not finding an overwhelming degree of support for it as I talk to the
council," said Home, who was attending a conference in Washington,
D,C. "Not all of them have told me what their position is going to be, but
the tenor of the conversations we have had suggest to me it's probably not
going to be supported,"
Still, city planners say a time-certain moratorium could help clarify
inconsistent planning documents for a transitional area between tall beach
condos and the northern residential neighborhood,
http://www.sptimes.com/2005/0 1119/Northpinellas/Moratorium _likely _ dea,shtml
Page 1 of3
.
DREAN
OFTH
" Apartments f(
"Classified Feat
-Coupon Boolc
. ~n and Att)iUOJ
th~ Home
. Ne1;JCOlfler Gl
- Resfaur,u)ts
-nger WCI<Jds
teaches golf
1/1912005
Northpinellas: Moratorium likely dead issue
Page 2 of3
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One document says townhomes and single family residences are
preferred, The other makes no such distinction, and several developers
have proposed multistory condominiums for the area, which stretches for
several blocks north of Rockaway Street.
Planners say they need a timeout to reconcile the documents, both
authored by the same high-priced consultant, Charlie Siemon,
"It is difficult for us to administrate," said planning director Cyndi
Tarapani. "There are many inconsistencies and omissions, There are gaps
in policy direction, It does not give us enough guidance,"
Tarapani said planners need nine months to study the land use patterns in
the neighborhood, gain public input and make the necessary changes.
She won't predict the outcome of the study, but residents believe planners
would seek to prohibit condominiums in the area, known as the "Old
Florida" district. A condo ban would affect property values in the
neighborhood.
"Y ou just can't call timeout," said Clearwater attorney Ed Armstrong,
who represents a group of landowners, "This is people's livelihoods,
These are people's property values,"
Community Development Board members recommended rejecting the
moratorium without much discussion, The recommendation passed 5-1,
with planning chairman David Gildersleeve supporting the building ban,
He did not explain his vote,
"Moratoriums are not good for the city," said planning board member J,B.
Johnson, the only member who offered any explanation,
Property owners attending the meeting agreed the planning documents
needed revision, But most thought a moratorium was extreme,
Others wondered what took planners so long to uncover the
inconsistencies in their code, Polanning staffers had supported condo
projects in the neighborhood previously, said beach resident Melodie
Ferguson,
"Precedent has been set. Pandora's Box has been opened, Now the
planning department wants to put the lid back on and stop it," Ferguson
said, "Moratoriums leave a bad taste in one's mouth that won't go away
for a long time,"
Council members will consider the moratorium at 6 p,m. Thursday at
City Hall.
Aaron Sharockman can be reached at 727 445-4160 or
aSl1aIQGk1JJJ.1,11@SJ)tim~_s"GQ1n
http://www.sptimes.com/2005/0 1 119/N orthpinellas/Moratorium _likely _ dea,shtml
1/19/2005
Northpinellas: Moratorium likely dead issue
Page 3 of3
PROJECTS APPROVED
Three substantial Clearwater projects received the unanimous approval of
the city's planning board Tuesday, giving each the go-ahead to begin
construction,
The Entrada is the new name for a resort and condo project that will
replace the Ramada Inn Gulfview on south Clearwater Beach, Wisconsin
developer Decade Properties will build a 128-foot tower adjacent to the
current hotel. The project will have 52 new hotel rooms and 189
renovated ones, The first four floors of the tower will be a parking garage,
with 46 spaces for the public, The project will have 38 condos and a
14,000-square-foot penthouse,
The Harrison Village/Island View residences will be built on the former
site of the salvation Army on N Fort Harrison Avenue, Approved were
191 condominiums in two buildings, including one ISO-foot tower, and
20,000 square feet of retail and office space, The developer is Osceola
Jones Properties of Clearwater.
Antigua Bay's 133 condos will be in two 100-foot towers on the former
site of Clearwater Bay Marina, Clearwater Bay Marina, LLC, is
developing, It's headed by Jeff Keierleber, who also is president of the
developer of the Entrada project.
[Last modified January 19,2005,00:32:23]
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... _MoratQriu.J:!Lljl<eIY_cl4i!adJssl.!~
... Letters to the Editor: r>il.leJlasTn.lilIemti.[e~LQIJIg(lre.ful.!!se,c_(:mnesY
Past 14 Days
cg 2005 · All Rights Reserved · St, Petersburg Times
490 First Avenue South · St, Petersburg, FL 33701 . 727-
893-8111
Conta<:tthe_TlIrlJ:!_s I St.aManLof Accul]tcy: I Term3__
(;QDoJtLQm1,.!,\l,_(;QPyrIg,ht
http://www.sptimes.com/2005/0 1/19/Northpinellas/Moratorium _likely _ dea,shtml
1/19/2005
._.~-~~
LETTERS
,TIMES. TUESDAY, SEPTEMBER 21, 2094
'-,~
historic flagshiP hotel? It woul<llose its roots. The
hotel should be preserved at all cost for future
generations to enjoy,
Where are the civic leaders to preventthis from
happening? We do not need a new hotel. We do not
need another Miami. Is Clearwater/Clearwater Beaen
Re: ~edevelopment of Clem:vater ~each, that impoverished, that destitute, that the Community
HaVing spent many vacatIOns !n C!earwater Development Board must change Z()ning laws to
"a~~, ?-x~r,tll~last. 15 year~,Jc,~Qll~lde~j(f~t ..a,h~tp~i">'accommodate the developers to expand? This is no,'
, ~Y' ,ft'~lJl;ft~Jlle>,~~ ,reasons {'enJoY spemii#g ijtne " tevitalization plan. It is the rape of Clearwater Beach.,
areth.e rela:lt.l'td,atmosphere, affordable accom- ; .', -
'.~~t~F ' ;,'." "us restaurantS within walking ',,' Le~ us have a referendum in the November election
'f.ttle: . ". ,.Additionally, several shopping. to see if the people of Clearwater and Clearwater
. "~riill.es and, of course; it is only a Beach want the hotel tom down.
m'O~do,
"', .. ....,..,~~~... '.dabolit thepropos.edredevelop- MaryKionis.aearwatllr
.' mellt'Of q(t " .,.' . .:.'~~~h,the more I think lwill. EDITOR'S NOTE: The Huntedamily, whiCh owns the
ha~~~nrj:dan ~~f'J'lative~sort. I agree that manY of, ,Clearwater Beach Hotel, is participating in the project to'
ther,tfttltels . are ",befond economical refurbishment, ;tedevelop the property into a high-end resOrt hotel an(j
but there.. must bean alternative tobui1d~ soulless~condominiums.
Iligh-rise monstrosities; lcan only presUfile the con-
ventionmarket is in the developers' sights.
'. ' ,'lwould certainlyneverch()ose~ to's~y atSimd .,
Key, which is. what Clearwater Beach willlookJike
befi)re tod":long,Ijlst 'tear BrJghtwa~rDriye,ftad '
~n' .flattened and:,thiS',year, I~us~tw.~WW. be
surt()unded .by new ()r partia1lyBUilt villa!?;.' '..,"...., '.
'. \ltase ',.'don't " t'Uin CI~ateriaeach. .', It . hold~,
many happY, memories for' a lotof~.rits. asw~ll as
Americans, .
Clea.-water Beach is.
II , ..
toopreclous~oru~"
, Jenny Lewis. sUtton. United Kin~dom
Hotel isa real beach treasure; preserve it .
Re: Clearwater Beach redevelopment. .
, There are many forms of terrorismtoday,one right
here in Clearwater Beach: the developers. They want
to destroy a quality oflifethat is good for people. The
,deveiopers want to tear down the Clearwater Beach .
Hotel and build anew hotel withcondOlniniums on
top.
This makes no senseatalt ~uqt in 1918,tbe
Clearwater Beach Hotelisthe historicflagShiphqtel
for Qlearwater Beach,\Vhere~pl~~o~e#,om.all
overthe United States andth~"f<>rl~'f9,fSUlY>lt is~ . /
indigenouscominuruty re~W"Ce:P~el~~I~1?rate
,their weddings, birthdays,anmversari~ ~dfanilly
, ~~~e:~~d Clearwater Beach be without ~ts
'1
Stanton's leader'$hip on race is lacking
With Largo Fire Departnlent Chief Caroll WilliClJ!l,S
'. retiring, City Manager Steve Stanton has a chance t<?:1
!'ptake some real changes in the Frre Department. ". '.~
Instead, he has said he plans to promote one of the ..
assistant chiefs to the position.
w How about a national search for an, .'
,African-American fire chief? Mr, Stanton has always.!
said the city has trouble attracting minorities and .:
people of color. This would be an excellent()ppo~
to change that perception, Instead, he is just carrying'
on the culture of the deparbnent for years to come,
In all of Steve Stanton's many years of managi.ng~~~
the city, the Fire Department has seen little chang~.lt
is viewed by many as one of the most segregated fire
departments in Pinellas County.
The truth is, Stanton does not w~t real change. He
lacks the ability or the will to make real progress when
it comes to race relations, To make matters worse, "
Largo city commissioners ~em befuddled when youT
talk about race relations, Because they are the ones :
who ultimately are responsible, they can only blame
, themselves.
, , I give Mr, Stanton an "N' for lip service and an "F'~
for leadership. . ':
,
Paul Lee.1isl1'8 Verde
, . !
Untitled
2020 World Parkway Blvd. #20
Clearwater, Fl. 33763
727-723-7124
August 30, 2004
St.Petersberg Times
Letters to the Editor
St. Petersberg, Fl.
Dear Editor:
This letter is in response to the articles regarding the demolition
and replacement of The Clearwater Beach Hotel and project changes
for the beach, dated 6-13-04, 6-16-04 and 8-22-04, Clearwater Times.
There are many forms of "terrorism" today. One right here in
Clearwater Beach: THE DEVELOPERS! They want to destroy a quality
of life that is good for people. The Developers want to tear down
The Clearwater Beach Hotel to build a "new" hotel with condominiums
on top, This makes no sense at all. The Clearwater Beach Hotel
is already a "4 star" hotel. Built in 1918,The Clearwater Beach
Hotel is the "historic" flagship hotel for Clearwater/tlearwater
Beach where people corne fro~ allover the United States and the
world to stay. It is an indgenious community resource for the
community and visitors alike. People celebrate their wedddings,
birthdays, anniversaries and family reunions there. It is a special
occasion to corne to the Clearwater Beach Hotel.
What would Clearwater Beach be without its "historic" flagship hotel.
?: would lose its "roots". The Clearwater Beach Hotel is a
,
"historic landmark" to Clearwater Beach and should be preserved at
all cost for future generations to enjoy.
Where are the civic leaders to prevent this from happening. The
Developers have not been kind to Clearwater/Clearwater Beach. There
was tht,"round-about" and the "unfinished bridge" leaving the
community in shambles. They were both physical and financial
catastrophes, Can the Developers do the job?
We do not need a "new" hotel. We do not need another "Miami".
The finaancing for this "new" hotel is so precarious and devious
that it could leave Clearwater without a Beach community and
bankrupt. Where are the parking lots for all these new condominiums
the developers want. It is not in their plans.
Is Clearwater/Clearwater Beach that impoverished, that destitute
that the Community Development Board must change zoning laws and
provide funding to accomodate the Developers to expand. This no
Page 1
. . Unti tled
"revitalization" plan. It is the "rape" of Clearwater Beach!
No one I have talked to is happy about the tearing down of the
Clearwater Beach Hotel. Only the Developers want it torn down
for unprescendented greed and profit. Everybody loves the
Clearwater Beach Hotel. The service is impeccable. It is a
luxurious, elegant and architecturally a beautiful hotel/building.
It cannot be replaced, It is Clearwater Beach's "roots"------
a "historic"'lancimark and should be preserved.
What kind of community do we want being a beach community?
~a
Clearwate~
"middle class" community. It can never be "Miami" or "Fort
Lauderdale". Do we want the Beach to be so exclusive that only 1%
of the population can enjoy it? Clearwater Beach is expensive
enough, and going on up. This "elitist thinking"/decision making I
must ceas~ where people are displaced capriciously for unprescedente'
~eed and profit. Let us keep Clearwater Beach a s~e community
where we all can enjoy the wonderful beach we have.
The Clearwater Beach Hotel provides a lot of "good" for the
community and visitors alike, particularly when the "bad" is ever
on the increase.
Let us have a referendum in the November election to see if the
people of Clearwater/Clearwater Beach want the Clearwater Beach
Hotel torn down.
What is happening in Clearwater Beach is not good. Or is
"goodnessJ1 just a feeling.
~Zt~s
A Discontented Homeowner
and Taxpayer
MK/~
Page 2
C.A-\
ater
City Council
,_w~"w~,,~a C~~.~r Memorandum
\0, \
Tracking Number: 1,064
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Ordinance No, 7353-05 on second reading, annexing certain real property whose post
office addressis 1208 Claire Drive, into the corporate limits of the City, and redefining the
boundary lines of the City to include said addition.
Originating: City Attorney
Section Second Readings - public hearing
Cateoorv: Second Reading
Public Hearino: Yes
Advertised Dates: 12/05/2004
01/09/2005
Financial Information:
Review Approval
Pam Akin
01-03-2005
10:29: 17
Cvndie Goudeau
01-03-2005
16:49: 13
ORDINANCE NO, 7353-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF CLAIRE DRIVE, APPROXIMATELY 550 FEET
WEST OF BETTY LANE, CONSISTING OF LOT 9, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1208 CLAIRE DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171,044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 9, Block A, Stevenson's Heights, according to the plat thereof as recorded in
Plat Book 34, Page 13, Public Records of Pinellas County, Florida
(ANX2004-08012)
Section 2, The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property, The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3, This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7353-05
City Council
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Trackino Number: 1,065
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Ordinance No, 7354-05 on second reading, amending the Future Land Use Plan element of
the Comprehensive Plan of the City, to designate the land use for certain real property whose
post office address is 1208 Claire Drive, upon annexation into the City of Clearwater, as
Residential Low,
Orioinatino: City Attorney
Section Second Readings - public hearing
Cateoorv: Second Reading
Public Hearing: Yes
Advertised Dates: 12/05/2004
01/09/2005
Financial Information:
Review ADDroval
Pam Akin
01-03-2005
10:32:08
Cvndie Goudeau
01-03-2005
16:50:05
ORDINANCE NO, 7354-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF CLAIRE DRIVE, APPROXIMATELY 550 FEET
WEST OF BETTY LANE, CONSISTING OF LOT 9, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1208 CLAIRE DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 9, Block A, Stevenson's Heights, according to the
plat thereof as recorded in Plat Book 34, Page 13,
Public Records of Pinellas County, Florida
(ANX2004-08012)
Land Use Cateaorv
Residential Low
Section 2, The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan,
Section 3, This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No, 7353-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No, 7354-05
CA-3
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o
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ater
City Council
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Trackino Number: 1,066
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Ordinance No, 7355-05 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 1208 Claire Drive, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR),
Originating: City Attorney
Section Second Readings - public hearing
Cateoorv: Second Reading
Public Hearino: Yes
Advertised Dates: 12/05/2004
01/09/2005
Financial Information:
Review ADproval
Pam Akin
01-03-2005
10:31:27
Cvndie Goudeau
01-03-2005
16:50:57
ORDINANCE NO, 7355-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF CLAIRE DRIVE, APPROXIMATELY 550 FEET WEST OF
BETTY LANE, CONSISTING OF LOT 9, BLOCK A,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1208 CLAIRE DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 9, Block A, Stevenson's Heights, according to the
plat thereof as recorded in Plat Book 34, Page 13,
Public Records of Pinellas County, Florida
(ANX2004-080 12)
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, 7253-05 ,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7355-05
City Council
_MM"""A5l!~,,~a c,,~,!!!!:=M~=!T'~=!:!,!!!t~,,!!l,,_""''''=='''m'M
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Tracking Number: 1,067
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Ordinance No, 7370-05 on second reading, vacating the east 240 feet of the 40-foot right
of way of State Street, subject to a drainage and utility easement which is retained over the full
width thereof.
Oriqinatinq: City Attorney
Section Second Readings - public hearing
Cateqorv: Second Reading
Public Hearinq: Yes
Advertised Dates: 12/05/2004
01/09/2005
Financial Information:
Review Aoproval
Pam Akin
01-03-2005
10:30:50
Cvndie Goudeau
01-03-2005
16:51:53
r -
ORDINANCE NO, 7370-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THE EAST 240 FEET OF THE 40-
FOOT RIGHT-OF-WAY OF STATE STREET, SUBJECT TO
A DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bernard K. Reichel, Jr" owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1, The following:
East 240 feet of the 40-foot right-of-way of State Street
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2, The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption,
Section 3, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D, Ruff
Assistant City Attorney
Ordinance No, 7370-05
LA-5
ater
City Council
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TrackinQ Number: 1,068
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Ordinance No, 7373-05 on second reading, relating to purchases over $50,000,00,
amending Chapter 2, Administration, Division 3, Subdivision II, Purchase of Commodities,
Services, and Public Works Bids, Code of Ordinances, providing for advertising of construction
projects where the cost exceeds $200,000 or $500,000,
Originating: City Attorney
Section Second Readings - public hearing
CateQorv: Second Reading
Public Hearing: Yes
Advertised Dates: 12/05/2004
01/09/2005
Financial Information:
Review Approval
Pam Akin
01-03-2005
10:30:01
Cvndie Goudeau
01-03-2005
16:52:43
=K~ ". C.A- 5
ORDINANCE NO, 7373-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PURCHASES OVER
$50,000.00, AMENDING CHAPTER 2, ADMINISTRATION,
DIVISION 3, SUBDIVISION II, PURCHASE OF
COMMODITIES, SERVICES, AND PUBLIC WORKS
CONTRACTS, SECTION 2,561 (1), NOTICE INVITING
BIDS, CODE OF ORDINANCES; PROVIDING FOR
ADVERTISING OF CONSTRUCTION PROJECTS WHERE
THE COST EXCEEDS $200,000 or $500,000; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances currently requires advertising bids in a
newspaper of general circulation within the city at least one time and a minimum of
10 calendar days before the bid opening date; and
WHEREAS, the Code of Ordinances does not specify specific advertising
requirements for construction projects; and
WHEREAS, Florida Statutes 9 255.0525 specifies therein advertising for
competitive bid requirements that apply to the city or political subdivision; and
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Administration, Division 3, Subdivision II, Purchase
of Commodities, Services, and Public Works Contracts, Code of Ordinances is
amended to read as follows:
Sec, 2.561. Purchases over $50,000.00,
(1) Notice inviting bids,
(a) Notices inviting bids for commodities and services shall be
published at least one time in a newspaper of general
circulation within the city and shall include a general
description of the commodities or services to be purchased,
a statement of where the bid documents may be obtained,
and the date, time, and place of the public opening of bids.
The publication shall be not less than ten calendar days
before the bid opening date, Sealed bids shall also be
solicited from responsible prospective vendors including
those on the registered vendor's list.
Ordinance No, 7373-05
(b) Notices invitina bids for construction proiects where the
cost of the proiect is more than $200,000 shall be publicly
advertised at least once in a newspaper of aeneral
circulation within the county where the proiect is located at
least 21 days prior to the established openina date and at
least 5 days prior to any scheduled pre-bid conference,
Construction proiects exceedina $500,000 shall be publicly
advertised at least once in a newspaper of aeneral
circulation in the county where the proiect is located at least
30 days prior to the established bid openina and at least 5
days prior to any pre-bid conference.
Section 2, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor
Approved as to form:
Attest:
Bryan D, Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7373-05
ED 11'15: 3
City Council
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Trackinq Number: 1,042
Actual Date: 01/20/2005
Subject / Recommendation:
Approve the request for a housing infill loan deferral for a period not to exceed six months for
the borrower Ms, Isla Wilburn, and authorize staff to approve an additional six month deferral if
warranted,
Summary:
The City of Clearwater - Economic Development and Housing Department - Housing Division
coordinated the construction of a new infill home for Ms, Isla Wilburn in the North Greenwood
Neighborhood, Ms. Wilburn, a 53-year old woman, inherited her property from her deceased
mother (a 3 Bed/1 Bath home), The property was unsafe and in a dilapidated condition, but this
was home to Ms, Wilburn and seven (7) immediate family members,
Ms, Wilburn applied for a rehabilitation loan, but due to numerous code deficiencies, the City
advised Ms, Wilburn that it would be more cost effective to build a new house rather than to
repair the existing structure, Ms, Wilburn also stated that her average electric bill was $400,00
per month and average water bill was around $350,00 monthly,
Because of the family size, a 4-bedroom, 3-bathroom, 1-car garage home was constructed for
the family on the site of the original dilapidated home, The old home was demolished as part of
the program, The loan was structured, so that the payments would not exceed 30 percent of
the household's monthly income, The total City loan is $130,000, The term on the loan is for
30 years and the interest rate is 2%, Her monthly payments are $704,00, of which $223.49 is
put into an escrow account that is maintained by the City, for her taxes and insurance,
In September 2004, Ms, Wilburn had to undergo surgery and unfortunately she had to have
another surgery performed in December 2004. The two surgeries put Ms, Wilburn on a limited
work schedule, which subsequently reduces her household income, We have received
correspondence from Ms, Wilburn's doctor stating that as a result of her second surgery she will
be out of work for an extended period of time,
Ms, Wilburn's children are continuing to pay her monthly escrow for her taxes and insurance,
Ms, Wilburn has requested that the principal and interest payment be deferred for a period not
to exceed six (6) months so that she can fully recover and get back to a normal work schedule,
Approval authority for forgiving, reducing, restructuring and/or deferring loans as per the
Housing Division's - Loan Forgiveness, Write-Off and Workout Policy, as amended, are as
follows:
Loans $10,000 and under can be handled at the Assistant Director level
Loans $10,001 to $25,000 must be handled at the Director level
Loans $25,001 to $50,000 must be handled at the Assistant City Manager level
Loans $50,001 to $100,000 must be handled at the City Manager level
The City Council must handle all loans above $100,000
Oriqinatinq: Economic Development and Housing
Section Consent Agenda
Cateqory: Other
Public Hearing: No
City Council
_"'...,..~Qenda C.~yer Memorandum
Financial Information:
~ Other
Bid Reauired? No
Bid Exceptions:
Other
Other Contract?
Housing Loan Deferral
In Current Year Budaet?
No
Budaet Adiustment:
No
For Fiscal Year:
10/01/2004 to 09/30/2005
Review Approval
Howie Carroll
Bill Horne
12-14-2004 08:22:25
12-28-2004 14:35:32
01-04-2005 07:50:03
01-04-2005 15:13:47
01-06-2005 14:57:52
01-05-2005 14:58:21
Geraldine Campos
Tina Wilson
Garrv Brumback
Cyndie Goudeau
L'I" IiI. ,::,
c:= U / 11 .,.l...:J ,., '-
City Council
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Tracking Number: 1,070
Actual Date: 01/20/2005
Subject / Recommendation:
Approve the loan restructure with Greenwood Apartments, LLC,
Summary:
The $14 million renovation of Greenwood Apartments (now known as Palmetto Park Apartments)
was completed in 2003. The 192-unit apartment complex continues to serve as one of the
anchors for the redevelopment of the North Greenwood Community, The City of Clearwater's
contribution to the renovation was in the form of a $1,000,000 loan using our State Housing
Initiatives Partnership (SHIP) Program funds, The City continues to stand committed to the
success of this important redevelopment project,
Since the apartments began leasing up, it has experienced numerous challenges that have
affected its ability to achieve a strong occupancy level. As a result of weak occupancy levels,
their revenue has been considerably less then projected, The apartments state that the failure
is not a result of management operations or product, but because of criminal and undesirable
behavior occurring in the neighborhood, Families are moving out of the property because of
these undesirable activities, As a result of these combined challenges, they have been unable to
turn their $6,5 million bond financing into a permanent loan, without experiencing a significant
reduction in loan amount, Typically, a bond loan will be converted to a permanent loan once an
apartment community reaches a projected occupancy level for a certain period of time, Fannie
Mae, the underwriter/lender on the deal, has provided a six (6) month extension to the
apartments (until May 1, 2005) to achieve a stronger cash flow and higher occupancy levels, If
they fail to meet Fannie Mae's cash-flow and occupancy levels by the deadline, Fannie Mae will
decrease the amount of loan that they will convert to a permanent loan, Subsequently, Bank of
America, the general partner, will be forced to make up the difference,
Bank of America, LLC, is requesting that their City secure loan be converted to a cash-flow type
mortgage, The purpose of the cash-flow type mortgage is to assist in increasing revenue to pay
costs that have a priority, Currently, the loan is structured as an 18 year - 3% interest loan,
with a three (3) year deferral, with payments scheduled to begin in May 2005, Under the
proposed restructure, the length and interest rate will remain unchanged, Annual payments to
the City would be required only if sufficient cash-flow existed to pay the following, in the
following order:
1) First Mortgage Lender
2) Operating Costs (inclusive of the Make-a-Difference Center), and
3) City and County Loans (pro-rata share)
If Greenwood Apartments, LLC, were unable to make the annual SHIP Loan payment to the City,
Greenwood Apartments, LLC would have to provide the City with an audited financial statement
each year, from an independent third party, substantiating that there was insufficient cash flow
to make the annual City SHIP Loan payment, In years where the County loan is still deferred,
the payment will be made solely to the City (Pinellas County is deferring their $300,000 loan for
an additional five (5) years).
If the restructure if approved, the changes will be made via a Modification of Mortgage Note,
Originating: Economic Development and Housing
Section Consent Agenda
Category: Other
Public Hearing: No
City Council
~~~,,"~~.~nda~,~y~r M~~~or~!!"~ul!!,""
~ Other
Financial Information:
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Loan Restructure
In Current Year Budget?
No
Budget Adjustment:
No
Review Approval
Howie Carroll
Geraldine CamDOS
Maraie Simmons
Garrv Brumback
Cyndie Goudeau
Bill Horne
12-29-2004 10:25:03
12-29-2004 10:49:05
01-07-2005 10:58:23
01-08- 2005 08:43:21
01-14-2005 08:49:46
01-11-2005 12:31:31
n
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City Council
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Trackina Number: 968
Actual Date: 01/20/2005
Subject / Recommendation:
Approve the City of Clearwater - Housing Loan Approval Policy,
Summary:
The City of Clearwater - Economic Development and Housing Department - Housing Division
provides funding to income eligible households and housing developers for such things as, Down
Payment and Closing Costs Assistance, New Construction, Acquisition, and Rehabilitation
activities, The bulk of activity is conducted through a joint effort between the City of Clearwater,
local housing non-profits, local private-sector businesses and lending institutions, The City
provides funding typically in the form of a deferred payment loan, low-interest loans and lor
grants, The City often will provide funds to a housing developer to construct a home and those
funds, or a portion thereof, are repaid to the City when the home is completed and sold to an
eligible household, All loans are executed directly between the City of Clearwater and the
pre-qualified applicants and/or housing developers,
The Housing Division receives funding from the federal and state governments, Through the
federal government, the Housing Division receives Community Development Block Grant (CDBG)
and HOME Investment Partnership program funds, Through the State of Florida, the division
receives State Housing Initiatives Partnership (SHIP) program funds, The CDBG and HOME
programs are federal programs administered by the Department of Housing and Urban
Development (HUD) and the SHIP program is administered by the Florida Housing Finance
Corporation (FHFC),
Currently all housing loans, of which the majority are for down payment assistance (DPA) and
rehabilitation, are underwritten by either the housing non-profits and/or staff, Loans are
approved first by the non-profit, and then by the division's Housing Coordinator and Assistant
Director, Typically the DPA loans are in the $7,000 to $30,000 range and rehabilitation loans are
in the $15,000 to $50,000 range, On occasion we do receive request for loans in excess of
$100,000, These are typically for infill housing or multifamily developments,
City Council
~",,_~,g.end,~.,.,f:ove~, ,~,~,!!!_~~~!.,~,~,!:I!!!-~"""".",,,_,.,~,,.
The infill housing loans are typically made directly to the housing non-profit developing the home
and are repaid (or a portion thereof) when the home is completed and the buyer obtains
permanent financing,
Under the new Loan Approval Policy, loan approval authority will be tiered based on the amount
of the loan, The approval limits are listed below:
Up to $150,000 - Housing Coordinator (or Manager) & Assistant Director
$150,001 to $200,000 - Housing Coord, or Mgr" Asst, Director & Director
$200,001 to $300,000 - Asst, Director, Director & Assistant City Manager
$300,001 to $500,000 - Asst, Director, Director, ACM & City Manager
Above $500,000 - Asst, Director, Director, ACM, City Manager & City Council
For all loans above $150,000, it will require the signatures of person at that level and everyone
below, For example, a $175,000 loan would require the approval of the Assistant Director and
Director, A loan in the amount of $250,000, would require the Assistant City Manager, Director
and Assistant Director approvals,
Staff is proposing the above policy because we have had several projects recently request funds
that were above our typical loan amount, These larger loan requests typically deal with rental
developments, Staff feels that for the higher loan amounts, it would be a good fiscal policy to
have a tiered approval process,
Approval authority for forgiving, reducing, restructuring and/or deferring loans will remain as
those outlined in the Housing Division's - Loan Forgiveness, Write-Off and Workout Policy, as
amended, which are as follows:
Loans $10,000 and under can be handled at the Assistant Director level
Loans $10,001 to $25,000 must be handled at the Director level
Loans $25,001 to $50,000 must be handled at the Assistant City Manager level
Loans $50,001 to $100,000 must be handled at the City Manager level
The City Council must handle all loans above $100,000
Originatinq: Economic Development and Housing
Section: Consent Agenda
Cateqory: Other
Public Hearinq: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceotions:
Other
Other Contract?
Loan Policy
City Council
_=*'%'*'M Ag*~.!!da C~yer Memorandum
In Current Year Budqet?
No
Budqet Adjustment:
No
Review Approval
Howie Carroll
Geraldine Camoos
Bill Horne
Marqie Simmons
Howie Carroll
Cyndie Goudeau
Garry Brumback
11-03-2004 10:53:56
11-18-2004 09:40: 18
01-14-2005 10:04:51
01-05-2005 15:11:10
01-09-2005 12:44:46
01-14-2005 10:08:42
01-14-2005 09:32:52
Frv - I
City Council
"w",,=~,g~l!da,_f,~Y~,~ Memora nd u m
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Trackinq Number: 1,051
Actual Date: 01/20/2005
Subiect / Recommendation:
Declare one Xerox color copier, one AD Dick printing press and one Triumph cutter, surplus to
the needs of the City and authorize disposal through sealed bid sale to the highest bidder,
trade-in for additional graphics equipment or through Solid Waste recycling,
Summary:
Graphics Division of Public Communications and Marketing has received replacement equipment
for the surplus items, All items are obsolete and no longer needed,
Description
Serial number Reason for disposal
Xerox 5799 color copier K4R017428
AB Dick-375Pro printing press
Triumph cutter 052468
Obsolete
Replaced with a 2 color press
Obsolete
All equipment will be sold through sealed bid sale, traded-in for other graphics equipment or
forwarded to Solid Waste for recycling disposal.
Originatinq: Finance
Section Consent Agenda
Category: Other
Public Hearinq: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Surplus sale revenue
Current Year Cost:
$0,00
Aoorooriation Code(s)
0555-00000-365902-000-000
Amount
Comments
Revenue to be determined at time of
sale,
Review Aooroval
ater
Georae McKibben
Garrv Brumback
Maraie Simmons
Bill Horne
Cyndie Goudeau
City Council
=~_""t\-9!!!~,a CO,~!!, Memora nd u m =_m,,<=_=","'"
12-16-2004 16:46:01
01-03-2005 15:48:09
12-16-2004 16:54:44
01-03-2005 20:54:07
01-04-2005 14:49:29
PR - 2..
City Council
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Trackinq Number: 1,035
Actual Date: 01/20/2005
Subiect / Recommendation:
Approve three Pinellas County Recreational Grant Funding Agreements for the Long Center for a
total amount of $12,500, between Pinellas County and the City of Clearwater and authorize the
appropriate officials to execute same.
Summary:
The City has been awarded three grants from Pinellas County for a total $12,500 to assist with
projects and programs at the Long Center,
The projects and programs are as follows:
, Construction of a companion restroom on the pool deck side at the Long Center - $8,750
, Provide scholarships for unincorporated Pinellas County residents to attend summer camp
programs - $1,875
, Provide funds for unincorporated Pinellas County residents (23) to purchase play pass cards so
they can be included in the Therapeutic Recreation Programs (targeted for senior citizens) -
$1,875
Funds to supplement the construction of the companion restroom have been included in the
upcoming renovation project for the Long Center, The companion restroom will be helpful to
both parents with small children as well as mature adults who need assistance from a
companion, The companion restroom will include a shower and dressing area as well as other
restroom fixtures,
Funds for the scholarships will make it pOSSible for underprivileged youth that would not
normally get to participate at the Long Center, be able to do so, The play passes will allow lower
income residents of unincorporated Pinellas County to participate in the therapeutic programs,
If approved the funds will be transferred into the appropriate codes at first quarter -
315-93232-337401 - $8,750 and 181-99962-337401 - $3,750,
Copies of the agreements are available for review in the Official Records and Legislative Services
Department,
Oriqinatinq: Parks and Recreation
Section Consent Agenda
Cateqory: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearinq: No
Financial Information:
~ Other
Bid Required? No
City Council
_...,,,,,..=~9!t~da C~y~r Me!!!~!..~,!!.~um
Bid Exceptions:
Other
Other Contract?
Grant received from Pinellas County
181-99962-337401
Amount
$8,750,00
$3,750,00
Comments
Revenue increase overall budget amount
Appropriation Code(s)
315-93232-337401
Revenue - scholarships to be awarded
from this fund
Review Approval
Kevin Dunbar
Cyndie Goudeau
12-20-2004 12:54:28
12-29-2004 15:44:34
01-04- 2005 15: 19:23
12-29-2004 08:06:38
12-30-2004 16:11:04
01-14-2005 09:38:04
12-29-2004 15:08:06
01-14-2005 10:25:36
Maraie Simmons
Garry Brumback
Art Kader
Laura Lipowski
Bill Horne
Art Kader
fe'PKl
\~: \ \ ,~
AGREEMENT NO. 04REC003
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWATER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the _ day of ,
2004, (the "Effective Date") by and between City of Clearwater, whose address is P. O. Box 4748,
Clearwater, FL 33758, hereinafter the "GRANTEE", and PINELLAS COUNTY, a political subdivision of
the State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred
to as the "COUNTY").
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and
funding such activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for
active recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing
organizations through the Recreational Grant Program ("Program") provides support for and access to
active recreation opportunities for residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE proposed a project to the COUNTY for funding consideration under
the Year 2004 Program consisting of the construction of a companion restroom ("Project"); and
WHEREAS, the COUNTY considers the Project worthwhile and desires to assist the GRANTEE
in funding the Project as provided herein.
NOW, THEREFORE, the COUNTY and the GRANTEE, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1, PROJECT DESCRIPTION AND COMPLETION SCHEDULE, GRANTEE shall complete
the work/perform the. services constituting the Project described in Exhibit A attached hereto and
incorporated herein by reference, including performance in accordance with the Project schedule included
in Exhibit A. GRANTEE shall be solely responsible for managing, securing and contracting with third
parties, supervising, and completing the work/services relating to the Project, and nothing in this
Agreement shall be construed to create an employee, agent, partner or joint venture relationship with the
County, and the GRANTEE is and shall remain at all times an independent contractor. Any work/services
performed by the GRANTEE not authorized in the Project description or Project schedule shall be solely
at the GRANTEE's expense and shall not be elig ible for funding as provided in paragraph 2 herein. Any
change in the description of the Project or Project schedule shall take effect only upon the execution of a
written amendment to this Agreement.
2. FUNDING, The parties anticipate the total cost of the Project will be $35,000. The
COUNTY agrees to fund the sum of not to exceed $8,750 for the Project ("Grant Funding Award") and
shall have no obligation to contribute any sum beyond this maximum amount. The GRANTEE agrees to
fund all remaining costs or sums due for the Project, including all costs in excess of the anticipated total
cost. The GRANTEE will manage the Project and either pay, or incur the obligation for, all Project costs
prior to requesting grant funds from the COUNTY. The COUNTY will reimburse the GRANTEE for all
approved costs upon receipt of a payment request from the GRANTEE in accordance with the following
procedures:
1
A. GRANTEE must submit a Grant Payment Request with all required
documentation and the Certification from GRANTEE's Project Manager in the form attached hereto as
Exhibit B.
B, If the Project includes construction or installation of improvements on or to real
property, GRANTEE will also provide a sworn statement by a Certified Engineer, Architect, or other
qualified professional attesting to that the improvements have been completed in accordance with the
plans and/or specifications, and the percentage of completion of the Project or portion thereof for which
the Grant Payment Request is being submitted.
C, In the event GRANTEE does not either complete the Project or payor incur the
obligation to pay Project costs in an amount equal to the Grant Funding Award, prior to the termination of
this Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to
Grantee are hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is
extended in writing by mutual agreement of the County and Grantee.
D, Upon completion of the companion restroom, the GRANTEE may submit for
reimbursement of actual amount, not to exceed the total maximum commitment of $8,750. The
GRANTEE shall not use any COUNTY funds for any purposes not specifically identified in the Project.
3. PROJECT MANAGER AND NOTICES. Each party hereby designates the person set
forth below as its respective Project Manager. Project Managers shall be each party's prime contact
person. Notices or reports shall be sent to the attention of each party's Project Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below:
Project Manager for the COUNTY:
Project Manager for the GRANTEE:
Kathy Swain, APRP
Pinellas County Park Department
631 Chestnut Street
Clearwater, FL 33756
Art Kader
City of Clearwater
p, 0, Box 4748
Clearwater, FL 33758
Any changes to the above representatives or addresses must be provided to the other party in
writing.
4. CANCELLATION,
A, Pinellas County reserves the right to cancel this Agreement, without cause, by
giving (30) day's written notice to the GRANTEE of its election to cancel pursuant to this provision.
8, Failure of the GRANTEE to comply with any of the provisions of this Agreement
shall be considered a material breach, and shall be cause for immediate termination of the Agreement
upon written notice to the GRANTEE,
C, Notwithstanding any other provision herein, in the event that sufficient budgeted
funds are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence
and the Contract shall terminate on the last day of the then current fiscal period without penalty or
expense to the COUNTY.
5, CONTRACT PERIOD. The term of this Agreement shall commence on the Effective
Date and shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
2
6, PROJECT RECORDS AND DOCUMENTS. Grantee shall, upon request, permit the
County to examine or audit all Project related records and documents during or following completion of
the Project. Grantee shall provide a complete set of copies of all Project records to the County within 60
days of the completion of the Project. Grantee shall maintain all such records and documents for at least
three (3) years following completion of the Project. All records and documents generated or received by
either party in relation to the Project are subject to the Public Records Act in Chapter 119 F.S.
7, PROCUREMENT REQUIREMENTS, GRANTEE shall observe a competitive process to
secure contractors, subcontractors and suppliers for the performance of work as authorized herein, which
shall at a minimum include soliciting no less than two written price quotations from prospective bidders or
proposers, except for in-kind contributions of commodities or services or when there is only one
practicable or reasonable source for the commodity or service. County shall have the right to audit the
competitive process to ensure adequate competition and a proper audit trail. Grantee shall maintain all
procurement records with project records and documentation as provided in paragraph 6 herein.
8. INDEMNIFICATION. The County and the City agree to be fully responsible for their own
acts of negligence, or their respective agents' acts of negligence while acting within the scope of their
authority, and agree to be liable for any damages resulting from said negligence to the extent permitted
by Section 768.28, Florida Statutes. However, nothing contained herein shall be construed as consent by
the County or City to be sued by third parties in any manner arising from this Agreement, or as a waiver of
sovereign immunity.
9, PUBLIC RELATIONS. Public relations efforts shall be conducted to announce, promote,
and build support for the Project. Acknowledgment of grant funding shaH be integral to the public
relations effort, and shall at a minimum, include the posting of signage acknowledging the Grant Funding
Award as approved by the County. Exhibit C
10, CONSTRUCTION LIENS; MAINTENANCE.
A. To the extent the Project involves the construction or installation of improvements to
real property owned by the County, Grantee shaH promptly pay all charges for labor, services and
materials used in connection with said improvements, Construction liens against County property arising
out of Project work performed by or for Grantee are expressly prohibited and in the event of the filing of
any Claim of Lien, Grantee shaH promptly satisfy same or transfer it to a bond, and take any further action
as is necessary to protect the County's interest in the real property.
8. Grantee shaH at all times be responsible for maintaining, repairing and/or replacing
any Project improvements or equipment funded by the Grant Funding Award.
11, LAW COMPLIANCE, Grantee shall comply with all applicable federal, state and local
laws, rules, regulations and guidelines, relative to performance under this Agreement.
12, ASSIGNMENT, Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Project, without the written
consent of the other party.
13, THIRD PARTY BENEFICIARIES, Nothing in this Agreement shall be construed to
benefit any person or entity not a party to this Agreement.
14, DISCRIMINATION, In carrying out this Agreement, the Grantee shaH not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color,
religion, sex, national origin, family status or handicap,
15. MODIFICATIONS, This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
3
16. INDEPENDENT CONTRACTOR/PROJECT CONTRACTORS. Nothing in this
Agreement will be construed to create, or be implied to create, any relationship between the COUNTY
and any contractor, subcontractor or supplier on the Project, and at all times Grantee is and shall remain
an independent contractor and not an agent of the County.
<SIGNATURE PAGE FOllOWS>
4
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year
set forth next to their signatures below,
PINELLAS COUNTY, FLORIDA
By and through its
COUNTY Administrator
County Administrator
ATTEST:
By:
(Attesting Witness' name/title)
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
Office of the County Attorney
APPROVED AS TO FORM:
Office of the County Attorney
GRANTEE:
City of Clearwater, FL
Mayor
[Corporate Seal]
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
5
Exhibit A
SCOPE OF WORK
Companion Restroom
The $8,750 awarded through this grant for the companion restroom will be used
to purchase all of the fixtures including toilet, shower, lavatory, paper towel and
toilet dispensers, tile for the floor and walls, paint, lights, door and labor for
installation.
Improvements will be completed within the contract period,
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No, _
TO: Pinellas County Parks Department
Attn:
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated
("Grantee") hereby
amounts of the Grant Funding Award:
, the undersigned
requests payment of the following
I, Itemization Of Payments Made/Obligated By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
$
$
$
$
Due to:
Due to:
Due to:
Due to:
II,
Total Amount Requested herein:
$
III. Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this Request $
Remaining Grant Funding A ward Available $
CERTIFICATION
The undersigned,
, as the
(Name - please print)
of GRANTEE, does hereby certify that the 0 work 0 services 0 other
, (describe)
itemized in this payment request has been completed and accepted by the GRANTEE, and is
necessary for the completion of the Project as defined in the Grant Funding Agreement.
By:
Date:
(Signature)
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GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINEL LAS COUNTY
THIS AGREEMENT is made and entered into as of the _ day of ,
2004, (the "Effective Date") by and between City of Clearwater, whose address is P. O. Box 4748,
Clearwater, FL 33758, hereinafter the "GRANTEE", and PINELLAS COUNTY, a political subdivision of
the State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred
to as the "COUNTY").
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and
funding such activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for
active recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing
organizations through the Recreational Grant Program provides support for and access to active
recreation opportunities for residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE has proposed a recreation program to the COUNTY for funding
consideration under the Year 2004 Program consisting of Therapeutic Recreation Program ("Program")
and
WHEREAS, the COUNTY considers the Program worthwhile and desires to assist the GRANTEE
in funding the Program as provided herein.
NOW, THEREFORE, the COUNTY and the GRANTEE, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1, PROGRAM DESCRIPTION AND COMPLETION SCHEDULE, GRANTEE shall
complete the work/perform the services constituting the Program describ~d in Exhibit A attached hereto
and incorporated herein by reference, including performance in accordance with the Program schedule
included in Exhibit A. GRANTEE shall be solely responsible for managing, securing and contracting with
third parties, supervising, and completing the work/services relating to the Program, and nothing in this
Agreement shall be construed to create an employee, agent, partner or joint venturer relationship with the
County, and the GRANTEE is and shall remain at all times an independent contractor. Any work/services
performed by the GRANTEE not authorized in the Program description or Program schedule shall be
solely at the GRANTEE's expense and shall not be eligible for funding as provided in paragraph 2 herein.
Any change in the description of the Program or Program schedule shall take effect only upon the
execution of a written amendment to this Agreement.
2. FUNDING, The parties anticipate the total cost of the Program will be $7,500. The
COUNTY agrees to fund the sum of not to exceed $1,875 for the Program ("Grant Funding Award" and
shall have no obligation to contribute any sum beyond this maximum amount. The GRANTEE agrees to
fund all remaining costs or sums due for the Program, including all costs in excess of the anticipated total
cost. The GRANTEE will manage the Program and either pay, or incur the obligation for, all Program
costs prior to requesting grant funds from the COUNTY, The COUNTY will reimburse the GRANTEE for
all approved costs upon receipt of a payment request from the GRANTEE in accordance with the
following procedures:
A. GRANTEE must submit a Grant Payment Request with all required
documentation and Certification from GRANTEE's Project Manager in the form attached hereto as Exhibit
B.
B, In the event GRANTEE does not either complete the Program or payor incur the
obligation to pay Program costs in an amount equal to the Grant Funding Award, prior to the termination
of this Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to
Grantee are hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is
extended in writing by mutual agreement of the County and Grantee.
3. PROGRAM MANAGER AND NOTICES, Each party hereby designates the person set
forth below as its respective Program Manager, Program Managers shall, be each party's prime contact
person. Notices or reports shall be sent to the attention of each party's Program Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below:
Program Manager for the COUNTY:
Project Manager for the GRANTEE:
Kathy Swain, APRP
Pinellas County Park Department
631 Chestnut Street
Clearwater, FL 33756
. Art Kader
City of Clearwater
P. o. Box 4748
Clearwater, FL 33758
Any changes to the above representatives or addresses must be provided to the other party in
writing.
4, CANCELLATION,
A. Pinellas County reserves the right to cancel this Agreement, without cause, by
giving (30) days written notice to the GRANTEE of its election to cancel pursuant to this provision.
B, Failure of the GRANTEE to comply with any of the provisions of this Agreement
shall be considered a material breach, and shall be cause for immediate termination of the Agreement
upon written notice to the GRANTEE.
C, Notwithstanding any other provision herein, in the event that sufficient budgeted
funds are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence
and the Contract shall terminate on the last day of the then current fiscal period without penalty or
expense to the COUNTY,
5. CONTRACT PERIOD. The term of this Agreement shall commence on the Effective
Date and shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
6, PROGRAM RECORDS AND DOCUMENTS, Grantee shall, upon request, permit the
County to examine or audit all Program related records and documents during or following completion
of the Program. Grantee shall provide a complete set of copies of all Program records to the County
within 60 days of the completion of the Program. Grantee shall maintain all such records and
documents for at least three (3) years following completion of the Program, All records. and
documents generated or received by either party in relation to the Program are subject to the Public
Records Act in Chapter 119 F.S.
7, PROCUREMENT REQUIREMENTS, To the extentthe Program involves construction or
installation of improvement to real property or the acquisition of equipment, GRANTEE shall observe a
competitive process to secure contractors, subcontractors and suppliers for the performance of work as
2
authorized herein, which shall at a minimum include soliciting no less than two written price quotations
from prospective bidders or proposers, except for in-kind contributions of commodities or services or
when there is only one practicable or reasonable source for the commodity or service. County shall have
the right to audit the competitive process to ensure adequate competition and a proper audit trail.
Grantee shall maintain all procurement records with Program records and documentation as provided in
paragraph 6 herein.
8, INDEMNIFICATION. The County and the City agree to be fully responsible for their own
acts of negligence, or their respective agents' acts of negligence while aCting within the scope of their
authority, and agree to be liable for any damages resulting from said negligence to the extent permitted
by Section 768.28, Florida Statutes. However, nothing contained herein shall be construed as consent by
the County or City to be sued by third parties in any manner arising from this Agreement, or as a waiver of
sovereign immunity.
9. PUBLIC RELATIONS, Public relations efforts shall be conducted to announce, promote,
and build support for the Program. Acknowledgment of grant funding shall be integral to the public
relations effort, and shall at a minimum, include the posting of signage acknowledging the Grant Funding
Award as approved by the County.
10, CONSTRUCTION LIENS; MAINTENANCE,
A. To the extent the Program involves the construction or installation of improvements to
real property owned by the County, Grantee shall promptly pay all charges for labor, services and
materials used in connection with said improvements. Construction liens against County property arising
out of Program work performed by or for Grantee are expressly prohibited and in the event of the filing of
any Claim of Lien, Grantee shall promptly satisfy same or transfer it to a bond, and take any further action
as is necessary to protect the County's interest in the real property,
B. Grantee shall at all times be responsible for maintaining, repairing and/or replacing
any Program improvements or equipment funded by the Grant Funding Award.
11, LAW COMPLIANCE, Grantee shall comply with all applicable federal, state and local
laws, rules, regulations and guidelines, relative to performance under this Agreement.
12. ASSIGNMENT, Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Program, without the written
consent of the other party.
13, THIRD PARTY BENEFICIARIES, Nothing in this Agreement shall be construed to
benefit any person or entity not a party to this Agreement.
14, DISCRIMINATION, In carrying out this Agreement, the ,Grantee shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color,
religion, sex, national origin, family status or handicap.
15, MODIFICATIONS. This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
16, INDEPENDENT CONTRACTOR! PROGRAM CONTRACTORS, Nothing in this
Agreement will be construed to create, or be implied to create, any relationship between the COUNTY
and any contractor, subcontractor or supplier on the Program, and at all times Grantee is and shall
remain an independent contractor and not an agent of the County,
3
<SIGNATURE PAGE FOLLOWS>
4
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year
set forth next to their signatures below,
PINELLAS COUNTY, FLORIDA
by and through its
COUNTY Administrator
GRANTEE:
City of Clearwater, FL.
By:
Mayor
County Administrator
By:
(Attesting Witness' name/title)
[Corporate Seal]
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
ATTEST:
By:
City Clerk
Office of the County Attorney
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Office of the County Attorney
5
Exhibit A
SCOPE OF WORK
Therapeutic Recreation Pro~rams
The $1,875 awarded through this grant for Therapeutic Recreation Programs will
be used to allow 23 unincorporated Pinellas County residents to purchase a Play
Pass at the resident rate, This Play Pass will give them access to the fitness
center and the swimming pool for a one-year period, This pass will also allow
them to receive discounted rates on classes and special events.
Specifically targeted will be the residents of On Top Of The World (the senior
citizen community adjacent to the Long Center), The funds will be used on a
first-come, first served basis until the grant money is exhausted,
Program shall be completed within the contract period,
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No, _
TO: Pinellas County Parks Department
Attn:
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated , the undersigned
("Grantee") hereby requests payment of the following amounts
of the Grant Funding Award:
I. Itemization Of Payments Requested By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
II,
Total Amount Requested herein:
$
III, Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this. Request $
Remaining Grant Funding Award Available $
CERTIFICA TION
The undersigned,
, as the
of GRANTEE, does hereby certify that the program
(Name - please print)
services 0 other
(describe)
itemized in this payment request has been completed and/or
provided by the GRANTEE, and is necessary of the completion of the Program as defined in the
Grant Funding Agreement.
By:
Date:
(Signature)
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r:
GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the _ day of ,
2004, (the "Effective Date") by and between City of Clearwater, whose address is p, 0, Box 4748,
Clearwater, FL 33758, hereinafter the "GRANTEE", and PINELLAS COUNTY, a political subdivision of the
State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred to as
the "COUNTY").
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and funding
such activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for
active recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing
organizations through the Recreational Grant Program provides support for and access to active recreation
opportunities for residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE has proposed a recreation program to the COUNTY for funding
consideration under the Year 2004 Program consisting of funding Scholarships at the Long Center
("Program") and
WHEREAS, the COUNTY considers the Program worthwhile and desires to assist the GRANTEE in
funding the Program as provided herein.
NOW, THEREFORE, the COUNTY and the GRANTEE, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as .follows:
1, PROGRAM DESCRIPTION AND COMPLETION SCHEDULE, GRANTEE shall complete
the work/perform the services constituting the Program described in Exhibit A attached hereto and
incorporated herein by reference, including performance in accordance with the Program schedule included
in Exhibit A. GRANTEE shall be solely responsible for managing, securing and contracting with third
parties, supervising, and completing the work/services relating to the Program, and nothing in this
Agreement shall be construed to create an employee, agent, partner or joint venturer relationship with the
County, and the GRANTEE is and shall remain at all times an independent contractor. Any work/services
performed by the GRANTEE not authorized in the Program description or Program schedule shall be solely
at the GRANTEE's expense and shall not be eligible for funding as provided in paragraph 2 herein. Any
change in the description of the Program or Program schedule shall take effect only upon the execution of a
written amendment to this Agreement.
2, FUNDING, The parties anticipate the total cost of the Program will be $7,500. The
COUNTY agrees to fund the sum of not to exceed $1,875 for the Program ("Grant Funding Award") and
shall have no obligation to contribute any sum beyond this maximum amount. The GRANTEE agrees to
fund all remaining costs or sums due for the Program, including all costs in excess of the anticipated total
cost. The GRANTEE will manage the Program and either pay, or incur the obligation for, all Program costs
prior to requesting grant funds from the COUNTY, The COUNTY will reimburse the GRANTEE for all
approved costs upon receipt of a payment request from the GRANTEE in accordance with the following
procedures:
A. GRANTEE must submit a Grant Payment Request with all required documentation
and Certification from GRANTEE's Project Manager in the form attached hereto as Exhibit B.
B, In the event GRANTEE does not either complete the Program or pay or incur the
obligation to pay Program costs in an amount equal to the Grant Funding Award, prior to the termination of
this Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to
Grantee are hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is
extended in writing by mutual agreement of the County and Grantee.
3. PROGRAM MANAGER AND NOTICES, Each party hereby designates the person set
forth below as its respective Program Manager. Program Managers shall be each party's prime contact
person. Notices or reports shall be sent to the attention of each party's Program Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below:
Program Manager for the COUNTY:
Program Manager for the GRANTEE:
Kathy Swain, APRP
Pinellas County Park Department
631 Chestnut Street
Clearwater, FL 33756
, Art Kader
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758
Any changes to the above representatives or addresses must be provided to the other party in writing.
4, CANCELLATION.
A, Pinellas County reserves the right to cancel this Agreement, without cause, by
giving (30) days written notice to the GRANTEE of its election to cancel pursuant to this provision.
B, Failure of the GRANTEE to comply with any of the provisions of this Agreement
shall be considered a material breach, and shall be cause for immediate termination of the Agreement upon
written notice to the GRANTEE.
C, Notwithstanding any other provision herein, in the event that sufficient budgeted
funds are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence
and the Contract shall terminate on the last day of the then current fiscal period without penalty or expense
to the COUNTY.
5, CONTRACT PERIOD. The term of this Agreement shall commence on the Effective
Date and shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
6, PROGRAM RECORDS AND DOCUMENTS, Grantee shall, upon request, permit the
County to examine or audit all Program related records and documents during or following completion
of the Program. Grantee shall provide a complete set of copies of all Program records to the County
within 60 days of the completion of the Program. Grantee shall maintain all such records and
documents for at least three (3) years following completion of the Program, All records and documents
generated or received by either party in relation to the Program are subject to the Public Records Act in
Chapter 119 F.S.
7, PROCUREMENT REQUIREMENTS, To the extent the Program involves construction or
installation of improvement to real property or the acquisition of equipment, GRANTEE shall observe a
competitive process to secure contractors, subcontractors and suppliers for the performance of work as
authorized herein, which shall at a minimum include soliciting no less than two written price quotations from
prospective bidders or proposers, except for in-kind contributions of commodities or services or when there
2
is only one practicable or reasonable source for the commodity or service. County shall have the right to
audit the competitive process to ensure adequate competition and a proper audit trail. Grantee shall
maintain all procurement records with Program records and documentation as provided in paragraph 6
herein.
8. INDEMNIFICATION, The County and the City agree to be fully responsible for their own
acts of negligence, or their respective agents' acts of negligence while acting within the scope of their
authority, and agree to be liable for any damages resulting from said negligence to the extent permitted by
Section 768.28, Florida Statutes. However, nothing contained herein shall be construed as consent by the
County or City to be sued by third parties in any manner arising from this Agreement, or as a waiver of
sovereign immunity.
9, PUBLIC RELATIONS, Public relations efforts shall be conducted to announce, promote,
and build support for the Program. Acknowledgment of grant funding shall be integral to the public relations
effort, and shall at a minimum, include the posting of signage acknowledging the Grant Funding Award as
approved by the County,
10, CONSTRUCTION LIENS: MAINTENANCE,
A To the extent the Program involves the construction or installation of improvements to
real property owned by the County, Grantee shall promptly pay all charges for labor, services and materials
used in connection with said improvements. Construction liens against County property arising out of
Program work performed by or for Grantee are expressly prohibited and in the event of the filing of any
Claim of Lien, Grantee shall promptly satisfy same or transfer it to a bond, and take any further action as is
necessary to protect the County's interest in the real property.
B. Grantee shall at all times be responsible for maintaining, repairing and/or replacing any
Program improvements or equipment funded by the Grant Funding Award.
11, LAW COMPLIANCE, Grantee shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
12, ASSIGNMENT, Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Program, without the written
consent of the other party.
13, THIRD PARTY BENEFICIARIES, Nothing in this Agreement shall be construed to
benefit any person or entity not a party to this Agreement.
14. DISCRIMINATION. In carrying out this Agreement, the Grantee shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color,
religion, sex, national origin, family status or handicap.
15, MODIFICATIONS, This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
16. INDEPENDENT CONTRACTOR! PROGRAM CONTRACTORS, Nothing in this Agreement
will be construed to create, or. be implied to create, any relationship between the COUNTY and any
contractor, subcontractor or supplier on the Program; and at all times Grantee is and shall remain an
independent contractor and not an agent of the County,
3
<SIGNATURE PAGE FOllOWS>
4
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year
set forth next to their signatures below.
PINELLAS COUNTY, FLORIDA
by and through its
COUNTY Administrator
County Administrator
By:
(Attesting Witness' name/title)
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
Office of the County Attorney
APPROVED AS TO FORM:
Office of the County Attorney
GRANTEE:
City of Clearwater, FL
By:
Mayor
[Corporate Seal]
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
5
Exhibit A
SCOPE OF WORK
Scholarships
The $1,875 awarded through this grant will be used to fund scholarships for
unincorporated Pinellas County residents to attend summer camp programs at
the Long Center.
Specifically targeted will be individuals who wish to attend Camp Freedom
(Clearwater's summer camp for special needs children), This scholarship will
allow 9 children to attend camp for a two-week session at $210 per session,
Invoice shall be submitted when Camp Freedom registration is complete, The
following are to accompany the invoice:
. Proof of scholarship via registration receipt or roster
Proof of unincorporated residence via water, phone, or other utility bill
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No, _
TO: Pinellas County Parks Department
Attn:
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated , the undersigned
("Grantee") hereby requests payment of the following amounts
of the Grant Funding Award:
I. Itemization Of Payments Requested By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
II. .
Total Amount Requested herein:
$
III. Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this Request $
Remaining Grant Funding Award Available $
CERTIFICA TlON
The undersigned,
, as the
of GRANTEE, does hereby certify that the program
(Name - please print)
services 0 other
itemized in this payment request has been completed and/or
(describe)
provided by the GRANTEE, and is necessary of the completion of the Program as defined in the
Grant Funding Agreement.
By:
Date:
(Signature)
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City Council
_""..,.w...,~~.,~a ~,f!,~!!,r MelT!~rC!!I=~.,'~..,!!!_=_...,..."_.,"""',."""
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Trackinq Number: 1,041
Actual Date: 01/20/2005
Subject / Recommendation:
Appoint C. W, "Bill" Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension
Plan for a term from February 1, 2005 to January 31, 2007,
Summarv:
1. In keeping with the provision of Florida Statute 185,05, which states in part,.. "The fifth
member shall be chosen by a majority of the previous four members, and such person's name
shall be submitted to the legislative body of the municipality, Upon receipt of the fifth person's
name, the legislative body shall, as a ministerial duty, appoint such person to the board of
trustees as its fifth member..,"
2. Trustee James Quinlan is resigning his position as Trustee (the fifth member of the board)
effective February 1, 2005, creating a vacancy on the board,
3, At a meeting of the Board of Trustees held on December 10, 2004, C. W, "Bill" Renfroe was
unanimously appointed to serve a full two-year term as Trustee, Mr, Renfroe is a Clearwater
police officer with over 7 years experience and has agreed to serve the term February 1, 2005 -
January 31, 2007.
Originatinq: Police
Section Consent Agenda
Category: Other
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Appointment to Clearwater Police Suplementary Pension Plan
Review Approval
Sid Klein 12-13-2004 14:35:57
Bill Horne 01-03-2005 20:56:50
Cvndie Goudeau 01-04-2005 14:47:37
Garry Brumback 01-03-2005 15:24:42
City Council
~,,=~,~,_~~,Qen ~!"~CO~~R'~''''~'~'!!!"~''~'!''!:!"~ ~=~!L"="""_,"",=_",,,,,,=*,_
Ervs - \
'\.7
Trackinq Number: 1,033
Actual Date: 01/20/2005
Subiect / Recommendation:
Approve the First Amendment to the Agreement between the Southwest Florida Water
Management District and the City of Clearwater increasing the District funding for the Alligator
Creek Implementation Projects, Phase II from $1,000,000 to $2,500,000 and authorize the
appropriate officials to execute same,
Summary:
The City Council approved the Cooperative funding Agreement between the Southwest Florida
Water Management District(SWFWMD)and the City of Clearwater for funding the Alligator Creek
Implementation Projects, Phase II in the amount of $1,000,000 on August 13, 2003,
The Pinellas Anclote River Basin Board of the Southwest Florida Water Management District has
agreed to provide additional funding in the amount of $1,500,000 for a total of $2,500,000 for
the following group of projects:
Channel A Improvements from N,E, Coachman Road to Old Coachman Road
Channel A Improvements from Old Coachman to US 19
Larger Box Culverts at Solid Waste Transfer Station Entrance Road
Off-Line Treatment Pond
Solid Waste Transfer Station Culverts
Old Coachman Road Bridge Replacement and Roadway Elevation
Reconstruct Weir at Brighthouse Networks Field
Old Coachman Road Culvert Replacement
Borrow Pit and Channel A Connection
Erosion Control Measures in Channel G
Design and permitting of the projects is underway and anticipated to be completed by June of
2005,
A mid year amendment will increase the budget for grant funding from SWFWMD in the amount
of $1,500,000 in the Capital Improvement Program project 315-96154, Alligator Creek
Implementation Projects - Phase II,
A copy of the Agreement is available for review in the Office of Official Records and Legislative
Services,
Oriqinatinq: Engineering
Section Consent Agenda
Cateqorv: Agreements/Contracts - without cost
Public Hearinq: No
Financial Information:
Review Approval
Michael Ouillen
12-14-2004
15: 19:44
Cvndie Goudeau
Leslie Douaall-Sides
Garrv Brumback
Tina Wilson
Bill Horne
City Council
_""""",,~~~.~da,~ov~r.~!~or!!!.d u m .~""'''_.~,,_~.~'',.,''''_''''''''~.
01-05-2005 14:38:59
12-15-2004 09:23:09
01-03-2005 17:03:47
01-03-2005 15:37:07
01-04-2005 17:33:56
~ " EN61 - 1
a..o' \ \<-1
AGREEMENT NO, 04CON000003
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE II (L054)
This FIRST AMENDMENT effective as of the 1 st day of November 2004 between the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for
itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of
Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater,
Florida 33758-4748, hereinafter referred to as the "CITY,"
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement dated October 14, 2003,
for design, permitting, and construction of channel improvements, a treatment pond and
bridge and culvert replacements; and
WHEREAS, the parties hereto wish to amend the Agreement to increase the funding amount
to include Fiscal Year 2005 funds,
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the original Agreement, dated
October 14, 2003, as follows:
1, Paragraph 3, Funding, is hereby amended to increase PROJECT funding $3,000,000 by
replacing the first three sentences in their entirety as follows:
3, FUNDING, The parties anticipate that the total cost of the PROJECT will be Five
Million Dollars ($5,000,000). The DISTRICT agrees to fund PROJECT costs up to
Two Million Five Hundred Thousand Dollars ($2,500,000) and will have no obligation
to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT
costs up to Two Million Five Hundred Thousand Dollars ($2,500,000) and will be
responsible for all costs in excess of the anticipated total PROJECT cost.
2, Exhibit "B," Proposed Project Plan is hereby replaced in its entirety with Exhibit "B-1,"
Proposed Project Plan (Revised 11/01/04) attached hereto,
3, The terms, covenants and conditions set forth in the original Agreement, dated October
14, 2003, that have not been specifically amended herein, will continue in existence, are
hereby ratified, approved and confirmed, and will remain binding upon the parties hereto,
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and
year set forth next to their signatures below,
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. Moore, Executive Director
Date
CITY OF CLEARWATER
By:
William B, Horne III, City Manager
Date
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE III (L054)
Page 2 of 2
DISTRICT APPROVAL I~TIALS DATE, I,
LEGAL A'L ll-IO -D....
RISK MGMT N/A '
CONTRACTS ~.
RM DEPT DIR ,II. '
DEPUTY EXEC DIR It-! . 'I.t
GOVERNING BOARD N/A
AGREEMENT NO, 04CON000003
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J, Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E, Goudeau
City Clerk .
1?E- ~Y\~ - \
AGREEMENT NO. 04CON000003
EXHIBIT "B-1"
PROPOSED PROJECT PLAN
(Revised 11/01/04)
Project Description
This PROJECT involves the implementation of Best Management Practices (BMPs) and
includes stormwater management infrastructure improvements, and consists of design,
development of construction documents, construction permitting, contractor selection,
construction engineering and inspection, and construction of the following BMPS:
. Widening the channel from N.E. Coachman Road to Old Coachman Road;
. Channel A Improvements from Old Coachman to US 19;
. Larger Box Culverts at Solid Waste Transfer Station Entrance Road;
. Off-Line Treatment Pond;
. Solid Waste Transfer Station Culverts;
. Old Coachman Road Bridge Replacement and Roadway Elevation;
. Reconstruct Weir at Brighthouse Networks Field
. Old Coachman Road Culvert Replacement;
. Borrow Pit and Channel A Connection; and
. Erosion Control Measures in Channel G.
Scope of Work
Key tasks to be performed by the CITY for each BMP:
1. Attend one meeting with the DISTRICT prior to beginning the BMP to discuss the
approach, schedule and budget;
2. Provide engineering service to design, apply for permits, and prepare construction
documents;
3. Provide the DISTRICT with one draft (60% level) and one final design report and
construction documents for review;
4. Bid, select and hire a CONTRACTOR to complete the construction in accordance with
the approved bid documents;
5. Provide construction engineering and inspection services during construction;
6. Monitor all phases of construction by means of survey, observations and materials
testing to give reasonable assurance that the construction work will be performed in
accordance with the approved plans and specifications set forth in the DISTRICT
approved contract between the CITY and its CONTRACTOR;
7. Provide the DISTRICT with one copy of a summary of the construction quality assurance
data, construction record drawings and permit related submittals;
8. Be responsible for any post-PROJECT reporting that may be required by the permitting
agencies.
Page 1 of 2
The CITY will design and obtain permits for the Erosion Control Measures in Channel G
without funding assistance from the DISTRICT. The DISTRICT will fund its share of the
construction of Erosion Control Measures in Channel G.
Project Deliverables
The CITY will provide the following for each BMP:
1. One copy of a summary of the construction quality assurance data, construction record
drawings and permit related submittals.
2. Contracts between the CITY and its CONSUL TANT(s) and CONTRACTOR(s).
3. One copy of the 60% completion level and final design report, drawings and construction
documents.
Project Budget
Task Description DISTRICT CITY TOTAL
Design Costs $ 250,000 $ 250,000 $ 500,000
Construction Costs $2,250,000 $2,250,000 $4,500,000
Project Total $2,500,000 $2,500,000 $5,000,000
Project Schedule
Task
Site Characterization
Land Surve
Geotechnical Surve
Subsurface Utility Surve
Prelimina Desi n Report
30% Construction Plans
60% Construction Plans
Permit Application Submittal
90% Construction Plans
Final Construction Documents
Biddin Phase
Commence Construction
Com lete Construction
09/15/04
10/08/04
12/17/04
07/30/04
12/15/04
03/16/05
04/04/05
06/01/05
08/03/05
1 0/05/05
02/28/06
01/31/07
Desi nand Permittin
Construction
Page 2 of 2
City Council
__~,~",",~1l!LIt~..~.,cOV!I...~~.!!!,~.~~.~ u 111~."".""._~..,.
ENg - '-
\ \. ~
Trackinq Number: 1,048
Actual Date: 01/20/2005
Subiect / Recommendation:
Accept a 5-foot Water Main and Utility Easement conveyed by Peter and Toula Hlepas, husband
and wife, over and across a portion of Lot C, Block 1, BAYSIDE SUBDIVISION NO.4 UNIT A,
given in receipt of $1.00 and other valuable consideration and authorize the appropriate officials
to execute same.
Summarv:
Several new town home projects have developed along Brightwater Drive on south Clearwater
Beach in recent years, and more are planned. The present potable water infrastructure is
inadequate to properly service the higher elevations of the new projects and the increased
density they foster along Brightwater Drive.
The City's Brightwater Drive Water Main Improvements project is in design to improve the
hydraulic characteristics along Brightwater to insure public safety and provide stabilized,
consistent water pressure for residents and visitors.
The project will connect the existing 6-inch water line serving Bayside Drive with the existing
6-inch line on Brightwater Drive via an 8-inch sub aqueous water main drilled below the
intervening channel, creating a complete system "loop".
The 5-foot easement granted by Mr. and Mrs. Hlepas establishes sufficient easement along the
westerly boundary of their property at 210 Bayside Drive to facilitate drilling to a connection
with the water main within Brightwater Drive.
Documentation has been delivered to Roland Rogers, Managing Member of two adjoining projects
on Brightwater Drive, Labella Vista and Brightwater Point, to convey abutting 5-foot easements
from each development to facilitate upland routing of the loop connection with the Brightwater
Drive water main. Execution and return of these documents is anticipated in the near future.
Documentation of the subject easement grant is available for review in the Office of Official
Records and Legislative Services.
Originating: Engineering
Section Consent Agenda
Cateqorv: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearinq: No
Financial Information:
Review Aooroval
Michael Ouillen
12-16-2004
10:54:43
Garrv Brumback
01-03-2005
16:05:45
Laura Lioowski
Bill Horne
ater
Cyndie Goudeau
City Council
~"'~,~... A9!.!!~a ~~.yer M e"!~!!.!!...~.~ m ...,.~._."._..~...~".~..~,~=,_~._,_~~~.,...
12-27-2004 14: 10:44
01-03-2005 20:46:34
01-04-2005 14:53:55
E:"5 - 3
ater
City Council
_"."..,..",,~~,~,a cov~,.!:~~,!,!!!.~!~ndu Il'L._"._.""",,
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Trackinq Number: 1,059
Actual Date: 01/20/2005
Subiect / Recommendation:
Award a contract to American Water Services Underground Infrastructures, Inc., in the amount
of $350,000.00 for sanitary sewer line cleaning and inspection at various locations throughout
the City of Clearwater, using the unit prices established in a contract with the City of St.
Petersburg for Sanitary Sewer Cleaning (Bid No. 6242),and authorize the appropriate officials to
execute sa me.
Summary:
- For the 2005 Sanitary Sewer Cleaning and Inspection Project (04-0072-UT), the City has
determined that $350,000.00 will be necessary to clean and inspect existing sewer lines
over the next year. Our goal is to maintain the sanitary sewer system as practical and
necessary and minimize disruption in service to our citizens.
- The City of St. Petersburg awarded a contract (Bid No. 6242) to American Water Services
Underground Infrastructures, Inc., with an effective date of February 5, 2004, for a
term of five years.
- American Water Services has agreed to perform these services for the CIty based on the
unit prices established in the City of St. Petersburg contract referenced above.
- Sufficient budget and funding is available in the 02 Water and Sewer Revenue Bond
Construction Fund project 343-96665, Sanitary Sewer R & R, for the requested amount of
$350,000.00.
- A copy of the contract is available for review in the Official Records and Legislative
Services office.
Originating: Engineering
Section Consent Agenda
Cateqorv: Purchasing item with contract document
financial Information:
~ Operating Expenditure
In Current Year Budget?
Yes
Current Year Cost:
$350,000.00
Aoorooriation Code( s)
0343-96665-563800-535-000
Amount
$350,000.00
Comments
Review Approval
Michael Ouillen
Georqe McKibben
Cyndie Goudeau
Glen Bahnick
Tina Wilson
Garrv Brumback
Michael Quillen
Bryan Ruff
Bill Horne
City Council
,.,,,_~genc:!!_ Co~~,~ Memorandum
12-28-2004 11:28:25
01-04-2005 10:35:17
01-07-2005 13: 19:52
01-03-2005 15:06:50
01-04-2005 14:43: 12
01-05-2005 15:50:03
01-03-2005 16: 19: 16
01-05-2005 09:56: 14
01-07-2005 09: 14:51
PROJECT
SITE
N
A
1 inch equals 1,320 feet
DfBwn By
LOCA T/ON MAP
S.K.
Checked By
R.K-
Date
12/21/04
p,oJect #
04-0072.UT
2005 Sanitary Sewer
Cleaning & Inspection
~
N
A
Drawn By
LOCA TION MAP
S.K
Checked By
R.K
Date
12/21/04
Project #
04-0072.UT
1 inch equals 1,320 feet
2005 Sanitary Sewer
Cleaning & Inspection
PROJECT
SITE
~[
.
'r
~
"
~
\?
EASY
~U~l~l~l~ CiITDID 0
-:~~ID~Dm ~ D!DlOiOID
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01
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ST PnNr:1=
N
A
DfBwn By
LOCA TION MAP
5./t
Checked By
R./t
Dete
12/21/04
Project #
04-0072.UT
1 inch equals 1,320 feet
2005 Sanitary Sewer
Cleaning & Inspection
EN0t. La
City Council
...,~~.!!.!:Ia ~.~,~er .Memor~ndum
\ \, \0
Tracking Number: 1,057
Actual Date: 01/20/2005
Subject I Recommendation:
Award a construction contract for Lift Station #55 Rehabilitation (01-0036-UT) to TLC
Diversified, Incorporated of Palmetto, Florida in the amount of $622,770.50, in accordance with
City Code Sec. 2.564(d), other governmental bid,and authorize the appropriate officials to
execute same.
Summary:
SUMMARY:
Based on evaluations of the City's sewersystem, Lift Station #55 must receive high priority
for upgrade as part of the overall rehabilitation of the City's wastewater collection system. This
construction includes the improvements to Lift Station No. #55 rehabilitating the existing
structure and replacing the existing equipment which is in need of repair due to age and wear.
Lift Station #55 is located at #29231 US Hwy 19(East side of US Hwy 19 South of Northside
Drive).
Lift Station #55 is an aging duplex wetpit/dry pit lift station. The proposed improvements
at Lift Station #55 provides for the removal of the existing pumps, piping and controls, partial
demolition of the existing structure, construction of new top slab, and the installation of a new
fiberglass wet well, precast valve vault, submersible pumps, TCU Panel and antenna and the
necessary electrical and instrumentation to complete the project.
TLC Diversified, Inc. is the present holder ofthe low bid, triennial, Lift Station Repairs and
Refurbishment Services contract with Seminole County (contract # cc-1220-03/TLC). The unit
prices for this work are from that contract. The contractor will be allowed 180 days to
accomplish the work and will begin within 30 days of a notice to proceed.
There are sufficient budget and revenue inthe Capital Improvement Program project
343-96686, Pump Station Replacement to fund this contract.
A copy of the construction plans andspecifications is available in the Official Records and
Legislative Services office for review.
Originating: Engineering
Section Consent Agenda
Category: Purchasing item with contract document
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
City Council
_"'''~ Ag~,!1da ~,~ver Memor~~ -:-d!l~!!:I~~,_.",..,......,_,~~........,.,...",.~,,"
Bid Exceptions:
Other Government Bid
Other Contract?
Seminole County Contract #CC-1220-04/TLC
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$622,770.50
Total Cost:
$622,770.50
Not to Exceed:
$622,770.50
Appropriation Code(s)
0343-96686-563800-535-000
Amount
$622,770.50
Comments
Review Approval
Glen Bahnick
Georqe McKibben
01-03-2005 09:34: 11
01-04-2005 14:35:09
01-08-2005 08:44:32
01-03-2005 13:25:21
01-05-2005 09:51:55
01-11-2005 12:32:24
01-04-2005 10:33: 19
01-14-2005 08:44:50
Tina Wilson
Garry Brumback
Michael Ouillen
Brvan Ruff
Bill Horne
Cyndie Goudeau
N
A
1 inch equals 1,320 feet
PROJECT
SITE
~
~~
~
",v"
G
'7R\
Drawn By
LoeA TION MAP
Pump Station 55
Rehabilitation
S.K
Checked By
KO.
Date
12/23104
Sec-Twn-Rng
19-28S-16E
Item # 11.10 (CC Mtg 01-20-05)
Re: Scanned item
Refer to Report & Studies
Binder & Index of Plan:
TBE Group, Project Number: 00083-072-00
Contract Documents and Technical
Specifications for Pump Station 55
Rehabilitation
Contract 01-0036-UT
November 2004
(Note: Binder is scanned, Plan is too large and is
on file.)
EIV(.JI' -I
City Council
~~"'m'~ Ag~~.!!.~ a C~,y~ r Memora n (t!:!!!!".,,_~,
, \ . \ \
Tracking Number: 1,058
Actual Date: 01/20/2005
Subject / Recommendation:
Award a contract for the refurbishment construction for one 90 foot diameter digester and
associated equipment at both the Northeast and Marshall Street APCFs (Project #03-0022-UT,
Biosolids Treatment Implementation - Digester Refurbishment) to RTD Construction, Inc., of
Zephyrhills, Florida, in the amount of $4,742,156.10, which is the lowest responsible bid
received in accordance with plans and specifications, including a 10% Contingency,and that the
appropriate officials be authorized to execute same.
Summary:
The purpose of this contract is tofurnish all labor, tools, equipment, materials, supplies,
services, and manufactured articles required to implement digester tank refurbishment, digester
tank roof repairs, temporary dewatering to lower the existing water table under the tanks,
construction of a new high energy pump mix system to replace the non functioning gas mix
system, new boiler and spiral heat exchanger to replace the non- functioning combination
bOiler/heat exchanger, new pumps for mixing, heating, and transfer, yard piping modifications to
accommodate the new facilities, new additions to the SCADA and electrical systems to support
the new equipment, building additions and modifications, new gas safety equipment to comply
with new National Fire Protection Association (NFPA) standards, and other related improvements.
PARSONS, the engineering design consultant for thisproject and an Engineer-of-Record for
the City of Clearwater, has provided written recommendation to award the construction contract
to RTD Construction , Inc.
Parsons Water & Infrastructure, Inc., a City ofClearwater Engineer of Record, will provide
the Construction Engineering and Inspection services for this construction work as previously
approved at the 12/2/04 Council meeting.
The Engineer's estimate was $4,536,786.00,including a 10% contingency.
Refurbishment construction is expected to start first atthe Northeast APCF early in February,
2005.
Resolution 04-36 was passed on December16,2004, establishing the City's intent to
reimburse certain project costs incurred with future tax-exempt financing. The projects
identified with 2006 revenue bonds as a funding source were included in the project list
associated with Resolution 04-36.
Sufficient budget for interim financing or funding with2006 Water and Sewer Revenue Bond
proceeds when issued is available in project, 378-96611, Bio-Solids Treatment, to provide the
funding for this Work Order contract. Per the Inter-I
ocal Agreement, the City of Safety Harbor's share of the capital costs associated with this project
is estimated at $452,698.88 (4/18.5s of the NE costs of the $2,093,732.30).
A copy of the contract is available forreview in the Official Records and Legislative Services
department.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
City Council
~...c~genc!!..cCo,!,~,~,,"..~~..~.Q.~!.!!~~~~I!!.."..
financial Information:
~ Capital Expenditure
Bid Required? Yes
Bid Numbers: 03-0022-UT
Budget Adjustment:
Yes
Budget Adjustment Comments:
See Summary Section
Appropriation Code(s)
0378-96611-563800-535-000
Amount
$4,742,156.10
Comments
Review Approval
Michael Ouillen
Marqie Simmons
12-28-2004 11 :30:52
12-29-2004 16:40: 18
01-11-2005 12:33:32
12-28-2004 14:03:29
01-14-2005 08:43:39
12-28-2004 16:25:35
01-08-2005 08:40:46
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Garry Brumback
ENe") . ,;3
City Council
~''''''''~'''''B**.Ag_~..!!~a C~.~=~~!!!,~.~,!.!!,.~=~~,.,..,
\ \. \ J
Trackinq Number: 1,054
Actual Date: 01/20/2005
Subiect I Recommendation:
Award a contract for construction of Security Features, including fencing and barricade walls, at
the Northeast Advanced Pollution Control Facility (NEAPCF) and Treatment Plants 2 and 3
(formerly titled reservoirs 2 and 3) to Kloote Contracting, Inc., Palm Harbor, Florida in the
amount of $218,523.80, which is the lowest responsible bid received in accordance with plans
and specifications, and authorize the appropriate officials to execute same.
Summarv:
The City has determined that security improvements are necessary for the safety of the
City's potable water supply at Treatment Plants 2 and 3.
These security facilities include the installation of speed tables, bollards, and a
barricade wall with landscaping at the NEAPCF, located at 3200, S.R. 580, and at
potable water supply Treatment Plant 2, located at 21133 U.S. Hwy. 19.
Security facilities at Treatment Plant 3, located at 2775, S.R. 580, include
the installation of ornamental fencing with landscaping along the right of way of S.R.
580 and chain link fencing with barbwire along the other treatment plant boundaries.
The anticipated date for construction to commence is February 7, 2005.
Sufficient budget and revenue are available in the Capital Improvement Program (CIP)
project 0315-96740, Water Supply and Treatment, in the amount of $175,187.10 for
Treatment Plants 2 and 3. A first quarter amendment will transfer $14,000.00 of budget
and sewer revenue from CIP project 0315-96658, Northeast Improvements, to 0315-96654,
Facilities Upgrade and Improvements to fund the NEAPCF portion of the contract in the
amount of $43,336.70.
A first quarter amendment will increase the budget only in CIP project 315-96658,
Northeast Improvements, for other governmental revenue (337900), in the amount of
$151,431.53 received ($31,415.62 in FY04 and $121,015.91 in FY05) from the City of
Safety Harbor for their share of construction costs.
Copies of the contract documents are available for review in the Official Records and
Legislative Services office.
Originating: Engineering
Section Consent Agenda
Cateqorv: Purchasing item with contract document
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? Yes
Budget Adiustment:
Yes
City Council
.~,..m~g,.enda .f~ver Mem~mramn~.!:!!!!",...,
Budqet Adiustment Comments:
See summary section.
Current Year Cost:
$218,523.80
Total Cost:
$218,523.80
Not to Exceed:
$218,523.80
Appropriation Code(s)
0315-96654-563800-535-000
0315-96740-563800-533-000
Amount
$43,336.70
$175,187.10
Comments
Review Approval
Glen Bahnick
George McKibben
01-07-2005 14:11:45
01-07-2005 15:22:58
01-11-2005 12: 19:25
01-07-2005 14:48:03
01-10-2005 09:06:56
01-14-2005 10:56:19
01-07-2005 15:02:42
01-14-2005 11:02:56
Tina Wilson
Garry Brumback
Michael Ouillen
Brvan Ruff
Bill Horne
Cyndie Goudeau
?S-I
City Council
,,<"~~~g<~nda .~,~ver Memor~~!!<~_~.!!I
\ \ . \ S
Tracking Number: 1,055
Actual Date: 01/20/2005
Subject I Recommendation:
Ratify and Confirm Change Order NO.2 & Final to Wharton-Smith, Inc. of Lake Monroe, FL for
the 2000 Reclaimed Water System Improvements, Contract 2 - Pumping Stations
Improvements (00-0029-UT) in the amount of $83,285.07, for a new contract total of
$1,263,523.09, and approve a time extension of 426 days,
Summary:
This Contract was previously approved at the October 17, 2002 Council Meeting in the amount of
$1,082,000.00. Administrative Change Order No.1 was approved by the City Manager on
January 23, 2003, increasing the contract by $98,238.02 bringing the contract total to
$1,180,238.02. Change Order No.2 includes several separate tasks, as listed below, which
were performed by the Contractor and required to complete the work prior to placing the
systems into service. Change Order No.2 results in a net addition of $83,285.07 to the contract
amount.
$4,578.00 for installation of a concrete thrust collar on the existing 16" water main adjacent to
the Control Valve Building in Coachman Park. The thrust collar was necessary to restrain the
existing water main prior to cutting and capping the portion of the pipe which was abandoned in
place once the new control valves were put into service.
$10,664.00 for remobilization to complete the installation of the line stop on the 16" water main
and the demolition of the existing control valve and associated below grade vault.
$61,343.16 for the installation of line stop on the 20" water main, cutting and capping the 20"
water main, installation of a concrete thrust block, associated dewatering and site restoration.
This additional work was necessary to isolate the existing control valve prior to its removal.
$10,000.00 for the removal of unsuitable material encountered at the site for the new Control
Valve Building and supplying suitable material as required.
$750.00 credit for the non-performance of the installation of brick paver sidewalk on the south
side of the Control Valve Building.
$2,550.09 credit for the reduction in the landscaping allowance for the Control Valve Building.
Sufficient budget is available in Capital Improvement Program project 315-96740, Water Supply
and Treatment, to fund this final change order.
A copy of the change order is available for review in the Official Records & Legislative Services
Office.
Originating: Public Services
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
City Council
__.~'"'~.~" COV!.~~..~.~m~!~.ndum _".._...."...m._.".........~~..,..~..'..._m
financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change Order
In Current Year Budget?
Yes
Appropriation Code(s)
0315-96740-563800-533-000
Amount
$83,285.07
Comments
Review Approval
Garv Johnson
Brvan Ruff
12-23-2004 12:11:44
01-11-2005 12:17:11
12-27-2004 15:44: 18
01-14-2005 11:03:48
12-28-2004 12:35: 10
01-14-2005 10:57:32
Garrv Brumback
Maraie Simmons
Cvndie Goudeau
Bill Horne
CHANGE ORDER No.2 & FINAL
PROJECT:
2000 Reclaimed Water System Improvements
Contract No.2, Pumping Stations Improvements
CONTRACTOR: Wharton-Smith, Inc.
4912 W. LaSalle Street
Tampa, Florida 33607
DATE:
December 15, 2004
PROJECT NUMBER: 00-0029-UT
PO REFERENCE NO.: 69934140
DATE OF CONTRACT: November 7, 2002
CODES:
356-96654-563800-535-000, $ 0
356-96739-563800-533-000, $ 0
315-96740-563800-533-000, $83,285.07
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
See attached sheet for exhibit and description.
Approve a time extension of 426 days.
ST ATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
ADM. CHANGE ORDER No.1
CHANGE ORDER No.2
NEW CONTRACT TOTAL
$1,082,000.00
$ 98,238.02
$ 83,285.07
$1,263,523.09
Brian J. Aungst,
Mayor-Commissioner
Bryan D. Ruff, Assistant City Attorney
Wharton-Smith, Inc.
By: (SEAL)
Asif Shaikh, Project Manager
Date:
WITNESSES:
ArrEST: RECOMMENDED BY:
ENGINEERING CONSULTANT
McKim & Creed, P.A.
Cynthia E. Goudeau, City Clerk
Date: Mitchel Chiavaroli, P.E., Project Manager
CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
William B. Horne, II, City Manager
RECOMMENDED BY:
CITY OF CLEARWATER, FLORIDA
Gary A. Johnson, CGC
Public Services Director
Michael D. Quillen, P.E.
City Engineer
Page 2 continued:
Change Order No.2 & Final
2000 Reclaimed Water System Improvements, Contract No.2, Pumping Station Improvements
ProjectNo.OO~29-lTf
EXHIBIT ITEM
Change Order No. 2 includes several separate tasks performed by the Contractor, as listed below.
Change Order No.2 results in a net addition of $83,285.07 to the original contract amount.
. $4,578.00 for installation of a concrete thrust collar on the existing 16" water main adjacent to
the Control Valve Building in Coachman Park. The thrust collar is necessary to restrain the
existing water main prior to cutting and capping the portion of the pipe which will be
abandoned in place once the new control valves are put into service. Bid item 4 - Water
. $10,664.00 for remobilization to complete the installation of the line stop on the 16" water main
and the demolition of the existing control valve and associated below grade vault. Bid item 4 -
Water
. $61,343.16 for the installation of line stop on the 20" water main, cutting and capping the 20"
water main, installation of a concrete thrust block, cutting and capping an existing 16" water
main and associated dewatering and site restoration. This additional work was necessary to
isolate the existing control valve prior to removal as the existing valves in Coachman Park were
inoperable. Bid item 4 - Water
. $10,000.00 for the removal of unsuitable material encountered at the site for the new Control
Valve Building and supplying suitable material as required. Bid item 4 - Water
. $750.00 credit for the non-performance of the installation of brick paver sidewalk on the south
side of the Control Valve Building. Bid item 4 - Water
. $2,550.09 credit for the reduction in the landscaping allowance for the Control Valve Building.
Bid item 4 - Water
..
o
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u
City Council
_m...",,,,.~,~da ~,~yer~~emoran~~~..!!L_,,,.~_~,,
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Trackinq Number: 1,049
Actual Date: 01/20/2005
Subiect I Recommendation:
Review and Accept the Annual 2004 Report of Transfer of Development Rights (TDRs) pursuant
to Reporting Requirement of the Community Development Code.
Summary:
Pursuant to Community Development Code Section 4-1403(H), a record of Transfer of
Development Rights (TDRs) must be maintained and reported annually to the City Council and
the Pinellas Planning Council.
The City of Clearwater approved three requests for the use of TDRs during 2004. A condition of
approval for the requests requires that a Special Warranty Deed be recorded with Pinellas
County prior to the issuance of any permits that record the number of dwelling units conveyed
or sold from the sending site to the receiving site.
On June 15, 2004, the Community Development Board approved TDR2004-01006 for the
transfer of two (2) development rights from the sending site located at 674 Bayway Boulevard
(The Moorings II Town-homes) to the receiving site located at 15 Somerset Street (Chateau on
White Sands Condominiums). The transferred units have not been used to date (i.e., the
applicant has not yet secured a building permit). Following the allocation, the sending site at
674 Bayway Boulevard had one (1) unit remaining as excess development potential.
On June 15, 2004, the Community Development Board approved TDR2003-12005 for the
transfer of one (1) development right from the sending site located at 620 Bayway Boulevard
(The Moorings I Townhomes) to the receiving site located at 190 Brightwater Drive (Delfino Bay
condominiums). The transferred unit has not been used to date. Following the allocation, the
sending site at 620 Bayway had one (1) unit remaining as excess development potential.
On October 19, 2004, the Community Development Board approved TDR2004-09012 for the
transfer of three (3) development rights, one from each of the sending sites located at 620
Bayway Boulevard (The Moorings Townhomes), 674 Bayway Boulevard (The Moorings
Townhomes), and 645 Bayway Boulevard (View Point Realty) to the receiving site located at 600
Bayway Boulevard (Bay Harbor Condominiums). The transferred units have not been used to
date. None of the sending sites
have any units remaining as excess development potential.
Oriqinatinq: Planning
Section Consent Agenda
Categorv: Other
Number of Hard Cooies attached: 0
Public Hearing: No
Financial Information:
Review Aooroval
ster
Cvndi Taraoani
Garrv Brumback
Cvndi Taraoani
Bill Horne'
Cyndie Goudeau
City Council
_.<.,.. Ag,~ndC!, Cove,!:...J~1..~.!!!~or,!~~~!tu m"~'''''_M=_~'~~
12-15-2004 16:43:40
01-03-2005 15:51:58
12-16-2004 10:30:35
01-03-2005 20:51:41
01-04-2005 14:50:55
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2004 TDR Sites
- -
1,000 1,500 2 ,000
Feet
rtu-~)
City Council
,_,,,,,.,~~~,!~cO~~~!J1~,!11~~",,,_,~,,,,,~.,,.,,~
\\.\C:J
Tracking Number: 1,096
Actual Date: 01/20/2005
Subject / Recommendation:
Review and File the Annual 2004 Reports of Beach by Design Hotel Room Density Pool and
Clearwater Downtown Redevelopment Plan Area Public Amenities Incentive Pool.
Summary:
In order to stimulate catalytic resort development, the City Council approved Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan established
a limited pool of 600 additional hotel rooms to be used within three (3) specific areas of
Clearwater Beach for a period of ten (10) years. Of the 600, the City granted the allocation of 184
units in 2003, leaving a balance of 416 units.
On December 2, 2004, the City Council approved FLD2004-07052, granting an additional
twenty-four (24) overnight accommodation units from the density pool for 301 South Gulfview
Boulevard (Hyatt Clearwater Beach). Following this allocation, there is a balance of three hundred
ninety-two (392) overnight accommodation units available in the Pool.
To assist in the transformation of Downtown Clearwater into a quality place in which to live, work
and play, the Clearwater Downtown Redevelopment Plan established a Public Amenities Incentive
Pool of 2,326 dwelling units and 2,119,667 square feet of floor area for non-residential uses.
On August 17, 2004, the Community Development Board approved FLD2003-10056 for the
develop-ment of a mixed-use project at 628 Cleveland Street (Station Square), part of which was
the granting of sixty-two (62) dwellings units from the Incentive Pool. Following this allocation,
there is a balance of 2,264 dwelling units and 2,119,667 square feet of non-residential floor area
available in the Pool.
Originatinq: Planning
Section: Consent Agenda
Cateaory: Other
Public Hearing: No
Financial Information:
Review Approval
Cvndi Taraoani 01-11-2005 15:56:08
Garrv Brumback 01-14-2005 09:35:46
Cvndi Taraoani 01-11-2005 15:58:44
Bill Horne 01-14-2005 10:01 :43
Cyndie Goudeau 01-14-2005 10:24: 18
2004 Density Pool Allocation Totals
eso ensl EY 00
Total rooms established in Pool 600
Total rooms available as of January 2004 416
# of Dwelling
Address of Receiving Property Units Allocated Date of Approval
301 South Gulfview Boulevard (Hyatt) 24 11/16/2004
Total rooms allocated in 2004 24
Total rooms remaining for allocation 392
Clearwater Beach
R rt D 't P I
Downtown Plan Area
Public Amenities Incentive Pool
Total units established in Pool 2,326
Total square footage established in Pool 2,119,667
Total square footage available as of January 2004 2,119,667
# of Dwelling Square Footage Date of
Address of Receiving Property Units Allocated Allocated Approval
628 Cleveland Street (Station Square) 62 0 10/19/2004
Total allocated in 2004 62 0
Total remaining for allocation 2,264 2,119,667
Downtown
2004 Beach and Downtown
Resort Pool and Public Amenities Pool 0 380 760
Allocation Sites - -
Beach
1,.~4.r.
~"1(
c.,VOJ
\<'~
-1J-
1,520 2,280
.~
3,O~~et ?
OD LC' ',7
", ~ - l..-
City Council
=,~~,= Ag,~!,da ~.~ver Mem~La I'!~~=~.!!:L.,.,...,.,....._===...."...,.,,,,,=_,~.....,,
\\.\0
Tracking Number: 1,069
Actual Date: 01/20/2005
Subiect I Recommendation:
Appoint one member to the Parks and Recreation Board with the term expiring on January 31,
2009.
Summarv:
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: James D. Appelt
MEETING DATES: 4th Mon., 6:30 pm
PLACE: MSB Conference Room 130
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 01/20/2005
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Jonathan Wade - 908 Pennsylvania Ave., 33755 - Original Appointment 01/18/2001
Interest in Reappointment: Yes (Ending 1st Term) - 2 Absences (2004)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Deloris Bell - 1356 Terrace Road, 33755 - Retired Family Education Specialist & Teacher
2. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor
3. Dimitrios Christodoulakis - 1950 Cleveland St., 33765 - Civil Engineer
4. Jim Ficken - 1608 N. Osceola Ave., 33755 - Real Estate Investor
5. William Kirbas - 34 Bohenia Cir., N., 33767 - past member of this board/Financial Advisor
6. Elizabeth Lancara - 2030 Cleveland St., 33765 - Secretary/Administrative Asst.
7. Ray Shaw - 2972 Clubhouse Dr. W., 33761 - Sales/Marketing
Zip codes of current members on board:
1 at 33755
1 at 33756
1 at 33764
2 at 33765
2 at 33767
ater
City Council
mm,"_,=~gen!:!~~LCo~,~,~"",~.~,,!!I=~!!.d um
Originating: Official Rec and Legislative Svc
Section Consent Agenda
Cateqorv: Other
Number of Hard Cooies attached: 0
Public Hearinq: No
~ Other
Financial Information:
Review Aooroval
Cvndie Goudeau
01-14-2005 08:36:46
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) .
Name:-.J)(J/ltJr;s . Bdl
HomeAdd~:_ ~ t~,,~
W/;rtJ':J;~ ~p3ilis
Telephone: ~ J 3 'f~ / - / 0/2-
How long a ~ ~ CIeaJwaleI? ..? t 'r" ·
Occupation:--fk I} rt!./l. . ~ Employer:
F~t~ ~j~ ~erWmkExpe~ce:
Office Address:
Zip
Telephone:
If retired, former occupation:
"
Community Activities:
Other Interests:
Board Service (current and past):
fl;l;rencet. '
l PJ'ftll-l-,/)/(./,gdu<.
Additional Comments: f
slgnedJfL "~V6d-1
Date: C3;Z~71
See attached list for boards that require Financial Disclosure at time of appointment.
Please retum this application & board questionnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, ClealWater, FL 33758-4748 or drop off at City Hall, 2nd
Roor, 112 S. Osceola Avenue R E eEl VE D
MAR 31 1998
~\\5 oo-ke()>:\I',s+~~'~
, ~11 () I - vJlfLJ... u.d G
'I.!"i 00." . .. Y' . ". I'
~ 3/03- VeM- QJ. I ~,~ L4~.
CITY GLERK DEPT.
--,
BOARD QUESTIONNAIRE
r
1. Whit II your understanding of the board'l duti.. and relponllbllltlel?
JA ~.~ tb.l' ~ ~~
~. - :7 .~
2. Have you ever observed a board meeting either in person or on C-View, the
City'! TV It ion?
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~-~~I, ~/'"~11 JJ1J .J..u~ tr
~ r /~~~.: JJ4AP .~;bb
~~ ~~,
4. Why do you want to serve on this Board?
Name~~\_~dl
Board Name:
MAR 31 1998
t;fTV CLERK DEPT.
Name:
RECEIVED
JAN 2 9 200\
CITY OF CLEARWATER ~ APPLICATION FOR ADVISORY BOAaDS ~eco
. . 'OFFJC1AI. "' RDS AND
______ /Vmust/,,"Clearwater resident) LEGISLATIVE SRVCS DEPT
/ cf M V d 4t t"z;/N
Home Address: ./
~;2 ;?c2./ tJ.'(t// ~PC fa,,, /
(!//~v~ ZiD ~1)6.s
Telephone: 7.2) "/ / ~ 9/;;>;t
How long a resident of Clearwater?
Occupation: ~ --ta I h,....
Field of Education:
c; ~r1f, /
,-.
y
~-z; ZiD ~l ;>6 ?
~ .J.,,) , 1./::>-/
>-f'M ,.
If retired, former occupation:
Community Activities:
2,1.-.18-' >>It)
oi~r Interests:
Service (current and past):
r ~ tIL RL/ 1'/ r/.' ...Ji..J .:2 /ZJ !.
":'::>
Additional Comments:
(!,/ h >~u(
..J
Board Preference:
%'''1~ ty~f;~/~.w~
~ .4oi/a~. J!vJn~tJ~
/Jr i:. ( .r Rcc
M~ /It!Ar(J'1j -2q) :l
Sign~.~_
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
Date:
/-.-2 ~ ..;l.~ y
07/09/2004 12:17 17277129173
TOM CALHOUN
PAGE 02
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
::.r;; r...f~r~W a,1I J#f/r/iv~ {J'(!,..~0 iftp~ J /t<4~
N(fiJ?A1~~'''iP.r (Jill 50~ ~~~ /$SvoPj W'~,r;/
At SM~"~...Ir~ pj{<- S;,!'& ~~~ y~,~ ~
j;1~r/,v-,,( ~ ) . q# 1~4C./ /7{Y;{~b.,j
I
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
Aftl.
~
...t-
te, y,.,( /'~a.&I- ~;a;-./ /t(/~'?.r
IJ.-,
~~
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
d t/~ ~ rf/cL'/ (Jill 2- ~,..4;- G!th*,AI;/.$.;/.d~S' / {'4p-~.~
Z ~: tLTL,;1!t7J ;j;~;~;:;~
cA.ir~ M/. I'J"'o(#.I'-'&"::?- .;)v,JJ. ~4!.
II' t1k~ at: ~ ,c;:,'7f ~A- 4~ 2v~ a/4
S" oj / "(If., ~
--.!!..! f q &7/ ~ b .
4. Why do you want to serve on this Board?
C ~JfJ~Jo-J Oi/r.LJ,- i~ O;'Cf.~ MdP'l~ /l~..>~~~ c.J~
(/ -
k'/~ of d~ t.k.,w,;k .s;.:~. a:..h..; "~,~
dvIL I'(---I.;.&~ hcP4,L ~ rd'ct.
I
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS;::~ z.,,)
(must be Clearwater resident) . D.EC :2 2 2004
Name: j) I t1111 fl.l 0 S C ffi!.1 ~ro ~OUI-A-kl S .
J .::"-.: ,::_;\"tl
Home Address: Office Address:
('f~o Ct..E(/~iJ~, Po 80.,<: .sT(~
C'-EA~,fTU rt... Zio s31ts ct.~c:.e r:-t- Zio 33-=1S8
Telephone: -=!~=1-443-(~6'i Telephone: l;?'=t-s'ifS- 6s9:t
How long a resident of Clearwater? {3 'I E:# S .
Occupation: CIlIIl.- &,u6-f,v~ Employer: tf1t:r C~~~ oF- ,q/\J~~
Field of Education: Other Work Experience:
BAc..~1L ..OF- Sq~c.e C,vt~ €.tvM~. Cl{trlsru. tlfMA6eIl1MT Sy.r~J
1'1AsrE:,(Sa IN ~US/NW fI.oMtl\JlfrM-nr.'lf"l_ -:J.2./.F:FJt:J.J,4 EN~A)EGL~d(/:. Ide
I
.f'-'~(OA co.nFi~ 6-e"J~lrI_ Cc;N~ D~t.J.c (.{)A5~cY\J Co~T~tyJ
" :,: .,',' .:~~ ::',:~::>;)'f
If retired, former occupation:
Community Activities: Nel6-1f15()~1) ffl1rlIJY ;t(M.
. Other Interests: CcwTttVU.I'fL EtJuCA-n",.J, nrJ,A,JcfH(..
. ,
Board Service (current and past):
(^'tl2Jr~e-,u rs. ;J6t.!01/~ I~h':
,
Board Preference:
(JAAAS t ieuE:A:rr~ &MIJ
c"tttttr~ I'r'i ^E..(/EuJI~T ~olHtlJ {fJ:ft,'Tr,tJ6J.
Additional Comments:
I .
Signed:
~~-~A
-_.-:. ~
-'
Date:
/2/1S'(o4
{
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O.Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
11.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
MO\'TcMlrJe- MJIJ Ao,+r(N'5~,.J 6- f)F!3f/€-Loffl1/iJ'7?1L. ;1f~5.
FbI!. TtIE CC){T1r.!U/!L ~Ev~~f IrJ TIlE
C' ( r i () F cu=.:...At1.WA-~.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
'It: S - C, T' Y 1- r. II. ~ ilf71(),J .
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
B. S. C/I/(t. ~d-(tJCG.I!J/J6-/!t. t5. ~ .fio~tJ,4 C~r/r=(E:C/
&-e;...J~L L-orJrNlcTtJt<. CttNTf~~ ~vlcA-tro-J I,.,)
Cy..Js~-rcrJ ~ '1#E .olii-!;{i'-E 7() L~
MD ~(~ C~~S C<;JArt0t.-(/f-L ~TII.
4. Why do you want to serve on this Board?
f WANt 7CJ 6k AfJlft-r OF~/i-ncJs ()A;wTII
.
X wArJr TO /J",4./A.,E !Jt;CI.fIcr1S . uncr g(N~ (JdTII
.,
(h'-(. E-fJUCA-17cn1t4L 6,1dL~() '" tJ~ E~k7t~
IN '11- 17Zi4"1"1. t€,vv1~T ~ ~/FT-6ej Jl,uC€JS
Name: ()lttl(r~lDS Cf-lt-lYT()~/S.
Board Name: Pfil-k<;' <f ~crJ &J4AJ.
1>.
,
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
"~ ,~.('! b 117
.. ...I.f(!, . ", 'Ii! D
"'-" ,-
fEe 08 1998
CJfVt"'E
'-"l. Rk D;:pr.
Name -J i W) Fl~ c.-k:.e Vl
Home Address: Office Address:
IboR N. O~CP0~
Ltt2QMJJ~-t~v- ZIP: 33755
Telephone 4- 6 ",... '199' "t Telephone
How Long a resident of the City of Clearwater? 4-- 'Yt!.&! rr
Occupation r..,,' ~S +-r-k ; tI'lU~.s1-or Employer ~e if'
ZIP:
field of Education:
Other Work Experience:
pEl :tIS, "JIV\J~E,
Co"'"t.nia' MIt~,'c, Jou.,..lll,-\
~o.,..~ ,(,-t.{t,r~~, Jtf 0 ....~Q'Q.. I e..4~,
~Gt:Iti(,.f't r.tf"rte/'J ;"va1Wt'-'4 f ntj-l-.
If retired, former occupation
Community Activites: L 0 11(9 ~ c:c-tt? :t I) it"\. WI Lh'ltIl (-4 ~ II i I r: ha ;,.nttt 1'\
Other Interests: ~;q,1 .e.Jell"lr. proJ,lI.tfl.A..... "t-pTOWt^f:61#>, I (.1\'; ( 1":,J.'ts
Board Service (current and past)
Board Preference:
I& r (e;..r 4- Re. C"4!CI-I-/i)~
Additional Comments: ....:l:.b&...j)&lCVt
Signed: ~ 12- ~.
/
t$ .J.k.t Ice)' +-D CII~~lI/qfG.r
Date: \/30/?B
Please see attached list for Boards that require Financial Disclosure at the time of
appointment. PLEASE RETURN THIS fORM TO: City Clerk's Department P.O. Box 4748
Clearwater, fL 34618, . ..
11' /01 LP~) \)\..VUlVL&t C!0r\.-bA~ ~
~ -. -.U t r "
I I~JDJ. C p~~..J ' ,
~ 1~810J VaN..~iJ Co-di~J l..,j~.
,
r~', 0(2 LS - 2...
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Home Address:
WTT,T.rnM P J('T~'Rn~
Office Address:
100
34 Bohenia Circle North
Clearwater, Florida:
ZiD 33767
Telephone: 446-4870
How long a resident of Clearwater?
Occupation: Financial Advisor
Telephone:
Field of Education:
lR yp~r~ I
Employer: Ame~ Express 'R~-\; r"td
Other Work Experience:
Associate degree, engineering
B.S. degree, physics & mathematics
M.B.A. degree, finance & marketinq
Maqnetics enqineer
Pl;:lnt M;:ln;:l'J",r
General Manaqer
If retired, former occupation: n/a Business owner
Community Activities: Director, Jolley Troll f>.y, Di rpC"'tnr ^' VP rl "';:lr'lJ~t"'r
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Develooment Board
Parks & Recreation Board
Additional Comments:
Signed:
{fL~
Date:
Aoril 13. 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd.
Floor, 112 S. Osceola Avenue
11"1/01- ~ f a.J bo~\{':.+S
\ 1 J~(OJ. - l~. 1(' U _ ~, .
S'~3 03 _V~ fl., ~l~ c.&-~.
RRCEIVED
APR 13 1999
CITY ClE1K DEPT.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board assists the Parks & Rec. staff in evaluating
current fad.lities and activities and recommending
improvements and capital expansion for parks and
recreation facilities to the City Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
. City's TV station?
A number of times including a four year term as a member
of the Parks and Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My prior experience on this boara provides me wit~ a
thorough appreciation of the board's purpose and
responsibility. I have a keen interest. in athletics
and recreation by way of my ~articipation. I have a
sound background in finance that could help in prior-
itizing evaluatec projects.
4. Why do you want to serve on this Board?
I'd like to continue working toward the objectives set
durina.my previous term in makinq the parks and Recreation
Department the finest in the State of Florida and its
facilit~es and urograms second to none that we would be
proud of.
Name:
William P. Kirbas
Board Name:
Parl{s
R~J~Fl1.VE\U
andR~creation
~~R lB 1999
CITV GLE:,K DEPT,
(
I
.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academi~c background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of. development brought before the board.
I have engineering and financial traininq that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
live addressed the city commission and various boards
relatinq to codes, planninq and zoninq. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life for our
Name: William P. Kirbas
residents and I would offer my advice to achieve it.
Cnmmnni 8 ~C~JmX~ D
I-\PR 16 1999
Board Name:
CITV CLEl1K DEPT
"~~ .'
Rf ", O~LS - z...
~
.
CITY OF CLEARWATER - APPLICATION FOR ADVISORvtBP~RDS,' . ._~L)
. (must be Clearwater resident) 3
FE8 1 8 200
!
Name: Elizabeth A. Lancara
Home Address:
2030 Cleveland St.
Office Address:
. CITY' Cl P)'( r:7'''~' ::~-;;\:'Hrr
. . ..1...' c.' . .' ,'. I., \._,,, ~
Clearwater. FL
Zie 33765
Zip
Telephone: 727-447-6209
How long a resident of Clearwater? Eleven years
Occupation: Secretary / Administrative Asst.
Field of Education:
Have 32 ~ollege credits,
Telephone:
Employer: currentlr unemPlo~
A((\E~\t..Jt::T ,Ill 03 - \ \ i ().3
Other Work Experience:
. .
Data Entry Clerk for Title Co., AF Recruit.
Office Administrator. Customer Service
Rep.
If retired, former occupation:
Community Activities: Skycrest Nei~hborhood Assn.. Clearwater Garden Club. volunteer for
Clearwater concerts and Officer Friepdly Bike Safety Jambore~
Other Interests: Photouaphv. crochetin~ hi1cp. Tiding p lu.-V UI\~ '\1\0""'. a.xx\. ~lO-~'6
Board Service (current and past): Board Preference:
None Beautification Committee
Panks and Recreation
Additiop,al Comments:~nt<<.r Ach\J~tle:5. ~.lh~-s V~~~~i, PA\.~l VmJR... tlEAeJ/;'~ ')
OUTj K~LA'I'F'O-(L LlRS ~o.a Ah!t) ~~ VOLc.J}I..n-a::.~ \~ PAiLk:::< AJJD~C
. _ V6. GS' . [\\ . Y~l, 2. .5
OLlc..E Ac..A./JiZlY\ ~Oo(. sS ~ A~O CU::A~WATe(? lof dOc..3 55 a.
Signed:~~ Date: .,jl-/f-CJ>3 .
. See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
APDITl6JoJAl- (brf\M~JVl~; PA\N' 'louR... t\EV'\ct\ cur aooLf) ~E.lG~~8o~o~o.s co~~~~e€"
~03 A~{) aool\" Ctc4-lL~ ~'m'lA\fA~~ (~.)lLo6PL-~H ANO ~~2L- ~J {Ol...J.Jtt::cf2.)
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h. ..
..... .
BOARD QUESTIONNAIRE.
if
I
1. What is your understanding of the board's duties and responsibilities?
Members advise the commission on anyl~hanges or improves necessary to
keep recreation centers and parks attractive to citizens' use. There
is room for improving these facilities based on needs of residents.
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
lIve watched the Development Board meeting on C-View..
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
I have been a resident of theSkycrest division of Clearwater for eleven
years and have some knowledge of native plants that may help in improving
landscaping.
4. Why do you want to serve on this Board?
I would love to take part in improvin2 Clearwater and feel that the
Parks and Recreation Centers of Clearwater are a great part of enjoying
life here.
Name: Elizabeth A. Lancal.'a.
B d N Parks and Recreaition Board
oar sme: . .. ....
..t
,>
Pl:~'"' '""J
FEB 1 8 2003
CITY Of CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) CITY c:u.:T'3\ L~+:f\~:;T;'j!ENl
~-'"
Name: ~~ ~~~
Home Address: )
;t~,,- c..\v..Jo~~ ~\'\1e.. ~~
~\ ~\ot-'\~~ Zip?\~"~ \
Telephone: '17..'\ - \C\ \-(,g~'5'5
How long a resident of Clearwat~r? 'L, ~'?J-~
Occupation: ~~ 1'h~uQ
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field of Education:
Office Address:
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~~ ~\ t\b;\dk.. Zip "3"\l&,';S
Telephone: '"1 ?.., - Co~fl- '2..~\~ c.~"''Z.5~~9
Employer:COa..~ t)~~ ~~. '""k.
Other Work Experience:
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\~\ 1..
\~~
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If retired, former occupation:
Community~ctiviti~~: ,CS~~:~~-t.~~\:~ (~~Co~~no')
~~~\d--~~:'
Other Interests: + \ '_ . '\-":L~'
...),
Board Service (current and past): Board Preference:
ua- ~'is \Qor~~~~~
.
Additional Comments:
Signed: ~
Date: ~ \0 )~cm~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor. 112 S. Osceola Avenue
,
, '
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~ \-\~~ "\\~ ~;a.~ ~4':. \.~ ~~\~___~C.S2 ~ ~~\~
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~ - O~~.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
- u-~o~ ~~.J)'~ ~~~ .\~\\~'S
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4. Why do you want to serve on this Board?
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Name:H1z-
Board Name;Y~~t... \~
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RECEIVED
AUG 0 5 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS .
(must be Clearwater resident) OFFICIAL RECORDS AND
,.--- ~ 17 J. J J (II LEGISLATIVE SRVCS OEPT
Name: ~ J6NCt T!14N & lA/dele c...Jr.
-
Home Addr~s: Office Address:
gD~ t'ej\lNs~lua.Y\i 0 A~ ;13/:2. C~ 10 Aat
c....\fullN6..~) 1-<... Zip :s37SJ C /e6..YWuh;?-L Zip 3~76-:;-
TelePhone:{i.777 'tfbl-~~cr/ Telephone: 7.27 SIoI) ~3i"2-
How long a resident of Clearwater?
Occupation: UI1 Q. tJ~ f /::.N-d-
Field of Education:
Y1!C(S~:<; b!I)t>U cJ tJ~)"
Co a :if-
Board Service (current and past):
/lvti r flu. . Ck4
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Board Preference:
~~f/H€ Zvnp lJeve 1o~>>u.JtIj. 1M;
Additional Comments:
Signed:
.w
Date: ff - S- .- C) 3
See atta ed list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S, Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
/f.s~~V I/J ~/-4 ~J ~I ~~ r ~
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10 ft..re. ~~ ~ f, ,e,~ ""~lt~ h~,-.IIC)
~ ,.JJI/~LJ..~~ /(~~'.cfJbU1J~ ~ ,e50Cifc.JldJ~SSij~~~ Ie,
~1/9/~6~/~ . I
2. I-fave you ever observed a board meeting either in person or on C-View, the City's
TV station?
t" ,.j ~ J> /U-~ j.r,.<<<..<-y 01 e t,:.u-J
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
.j "-- ~ 'f1.-..J4tAv,,,t::~/1 .~
~~~ ()JV€ S7bYJ M tJm I/~~ I
'i#
J~ '-d I jdb ;.,. -. ~/d7'J ..; e-iJh0
b;,tA ~f;'~~ !It...~cle~-
4. Why do you want to serve on this Board?
ao ()~ ~ ~ P)dW- ~. Jl.
. / ...' J_ ../
Of. .P-/A 11- u--
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Name: CL UItV.A jJ.. tJtJdP S l'
Board Name: 81~ ,1/J.i''f" ~.n e iJevetp~ ~ B,1. c--7
/
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a,j".
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Q
City Council
.~."__"~~I!,~~ C~,y~~! Memorandu!!!_~.""_~~,,_,,
\\. \r-r
Trackinq Number: 1,056
Actual Date: 01/20/2005
Subject / Recommendation:
Authorize the City Attorney to appeal the Order of the Unemployment Appeals Commission in
the case of City of Clearwater v. Kulig.
Summarv:
The City terminated Miglena Kulig from employment as a Senior Systems Analyst in the
Information Technology Department. The termination was based on violations of the PBMP,
including using the City's utilities server for personal Internet access, causing the server to
crash overnight with customer data unavailable for utilities and emergency use, and other
excessive and inappropriate personal use of the City's computer resources. Ms. Kulig submitted
a claim for Unemployment Compensation benefits. The City prevailed at the Appeals Referee
level and benefits were denied; however, Ms. Kulig appealed to the Unemployment Appeals
Commission, which found in an Order issued November 30, 2004 that she had not committed
"misconduct connected with the work" and awarded her benefits.
The City Attorney believes that the Commission failed to consider relevant portions of the Record
below and that under applicable case law the Order contains appealable error. The City Attorney
therefore seeks authorization to appeal the Order to the Second District Court of Appeal. Due to
time deadlines the City Attorney has filed the appeal notice within the requisite period and seeks
this authorization under Code of Ordinances Section 2.036(5).
Oriqinatinq: City Attorney
Section Consent Agenda
Cateqory: Other
Number of Hard Copies attached: 0
Public Hearinq: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Less than $2,500
In Current Year Budqet?
Yes
Budqet Adjustment:
No
ater
City Council
Cover Memorandum
Current Year Cost:
$300.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Aoorooriation Code(s)
010-09600-530300-514-000
Amount
$300.00
Comments
Filing fee
Review Approval
Leslie Douqall-Sides
12-28-2004 15:02:27
Cvndie Goudeau
01-04-2005 14:55:45
Pam Akin
01-03-2005 10: 17: 17
Tina Wilson
01-04-2005 07:47:09
C(Y) - I
City Council
_"""~~~~! CO!~r=..~e!11o~~CI.,!!..~,~!!!",__~.."",_,w...."
\~. ,
Tracking Number: 1,022
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Resolution 05-01, adopting the United States Department of Homeland Security's
established National Incident Management System as the concept for planning, preparing,
responding, recovering, and mitigating emergencies happening in or effecting the City of
Clearwater.
Summarv:
The U.S. Department of Homeland Scurity (DHS) was directed by the President of the United
States to establish a single, uniform National Incident Management System (NIMS) as a
emergency and disaster planning and preparation guideline for use nation-wide by all local,
state, and federal jurisdictions. DHS has published that NIMS and has mandated it's use
nationwide as directed in Homeland Security Presidential Directive - 5.
The first step to the validation of Clearwater's compliance is the adoption of NIMS by the City
Council demonstrating the City's committment to adhering to the national standard.
NIMS will form the basis for the emergency, terrorism, and disaster planning for the City of
Clearwater.It will also be the underlying concept for preparation, response, recovery, and
mitigation efforts in the event of a local, region, state, or national disaster.
While there are no direct penalties for failure of any jurisdiction to become NIMS compliant, DHS
has advised that any non-compliant entity's participation in any federal grants, aid, or
reimbursements will be in jeaopardy should substantial compliance not be achieved within the
2005 Fiscal Year.
This Resolution also identifies the Clearwater Emergency Management Coordinator as the
function of City government responsible for coordinating the training and planning necessary for
the implimentation of NIMS and NIMS compliance efforts.
The attached letter of transmittal from the Department of Homeland Security provides a general
overview of NIMS compliance. In the middle of page 3, the requirement of the paragraph
italicized is the provision that this Resolution achieves.
This is but the first of a long series of actions that will be required to comply with NIMS over the
next few years.
Oriqinatinq: City Manager
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: No
Financial Information:
Review Aooroval
Garrv Brumback
01-03-2005
15:14:30
Bill Horne
Rob Surette
Cyndie Goudeau
City Council
~.~,..,"_ Ag,~,~da..!;=over !1~mora nd u .!!!_.~..,~_,~..,..
01-03-2005 20:58:32
11-29-2004 10:28:37
01-04-2005 14:46:51
RESOLUTION NO. 05-01
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) AS ESTABLISHED BY
THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY AS THE CONCEPT FOR DEVELOPING AND
IMPLEMENTING EMERGENCY PLANNING AND UNIFIED
COMMAND AND FOR CONDUCTING TRAINING OF CITY
EMPLOYEES IN SUPPORT OF USING NIMS;
DESIGNATING THE EMERGENCY MANAGER AS THE
PRIMARY AGENT TO MANAGE AND DIRECT
IMPLEMENTATION OF NIMS AND TO ASSURE CITY
COMPLIANCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS; Emergency Response to critical incidents, whether natural or
manmade, requires integrated professional management; and
WHEREAS, Unified Command of such incidents is recognized as the
management model to maximize the public safety response; and
WHEREAS, The National Incident Management System, herein referred to as
NIMS, has been identified by the Federal Government as being the requisite
emergency management system for all political subdivisions, and
WHEREAS, Failure to adopt NIMS as the requisite emergency management
system may preclude reimbursement to the political subdivision for costs expended
during and after a declared emergency or disaster and for training and preparation for
such disasters or emergencies; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City Council of the City of Clearwater, Florida hereby declares
that the City shall adopt the principles and policies of the National Incident Management
System (NIMS) as established by the United States Department of Homeland Security
for Emergency Planning, Training, Response, and Recovery Planning and Operations.
The City Council designates the Emergency Manager as the authority responsible for
managing the training and planning necessary to assure compliance with NIMS.
Resolution No. 05-01
1-
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Rob Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Resolution No. 05-01
U.S. Department of
Homeland Security
Washington, DC 20528
Homeland
Security
September 8, 2004
Dear Governor:
In Homeland Security Presidential Directive (HSPD)-5, Management of Domestic
Incidents, the President directed me to develop and administer the National Incident
Management System (NIMS). The NIMS provides a consistent nationwide approach for
Federal, State1, territorial, tribal, and locaegovernments to work effectively and
efficiently together to prepare for, prevent, respond to, and recover from domestic
incidents, regardless of cause, size, or complexity. On March 1, 2004, the Department of
Homeland Security (DHS) issued the NIMS to provide a comprehensive national
approach to incident management, applicable at all jurisdictional levels and across
functional disciplines. HSPD-5 also required DHS to establish a mechanism for ongoing
coordination to provide strategic direction for, and oversight of, the NIMS. To this end,
the NIMS Integration Center (NIC) was established to support both routine maintenance
and the continuous refinement of the NIMS.
All Federal departments and agencies are required to adopt the NIMS and use it in their
individual domestic incident management and emergency prevention, preparedness,
response, recovery, and mitigation activities, as well as in support of all actions taken to
assist State or local entities. The NIC is working with Federal departments and agencies
to ensure that they develop a plan to adopt NIMS and that all fiscal year (FY) 2005
Federal preparedness assistance program documents begin the process of addressing
State, territorial, tribal, and local NIMS implementation.
This letter outlines the important steps that State, territorial, tribal, and local entities
should take during FY 2005 (October 1, 2004- September 30,2005) to become compliant
with the NIMS.
The NIMS provides the framework for locals, tribes, territories, States, and the Federal
Government to work together to respond to any domestic incident. Many of the NIMS
requirements are specific to local jurisdictions. In order for NIMS to be implemented
I As defined in the Homeland Security Act of 2002, the term "State" means any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth ofthe Northern Mariana Islands, and any possession
of the United States." 6 U.S.C. 101 (14)
2 As defined in the Homeland Security Act of 2002, Section 2(10): the term "local government" means "(A) county, municipality, city,
town, township, local public authority, school district, special district, intrastate district, council of governments... regional or
interstate government entity, or agency or instrumentality of a local government: an indian tribe or authorized tribal organization, or in
Alaska a Native village or Alaska Regional Native Corporation; and a rural community, unincorporated town or village, or other
public entity." 6 U.S.C. 101(10)
successfully across the nation, it is critical that States provide support and leadership to
tribal and local entities to ensure full NIMS implementation. Weare looking to you and
your State Administrative Agency (SAA) to coordinate with the State agencies, tribal
governments, and local jurisdictions to ensure NIMS implementation. Given the
importance and urgency ofthis effort, Federal, State, territorial, tribal, and local entities
should begin efforts to implement the NIMS, if such efforts are not already underway.
Implementation of and compliance with the NIMS is critical to ensuring full and robust
preparedness across our nation. HSPD-5 established ambitious deadlines for NIMS
adoption and implementation. FY 2005 is a start up year for NIMS implementation and
full compliance with the NIMS is not required for you to receive FY 2005 grant funds.
Since FY 2005 is a critical year for initial NIMS adoption, you should start now by
prioritizing your FY 2005 preparedness assistance (in accordance with the eligibility and
allowable uses of the grant) to facilitate its implementation. The NIC is working with the
Federal departments and agencies to identify all of preparedness assistance programs.
The NIC will then provide this information to the States, territories, tribes, and local
governments.
To the maximum extent possible, States, territories, tribes, and local entities are
encouraged to achieve full NIMS implementation and institutionalization across the
entire response system during FY 2005. This memorandum highlights the important
features ofNIMS implementation that should receive special emphasis in FY 2005, but
does not represent all ofthe actions necessary to fully implement the NIMS.
The NIMS is the nation's first-ever standardized approach to incident management and
response. The NIMS unifies Federal, State, territorial, tribal, and local lines of
government into one coordinated effort. This integrated system makes America safer by
establishing a uniform set of processes, protocols, and procedures that all emergency
responders, at every level of government, will use to conduct response actions. This
system ensures that those involved in emergency response operations understand what
their roles are and have the tools they need to be effective.
This system encompasses much more than the Incident Command System (ICS),
although ICS is a critical component ofthe NIMS. It also provides a common foundation
for training and other preparedness efforts, communicating and sharing information with
other responders and with the public, ordering resources to assist with a response effort,
and for integrating new technologies and standards to support incident management. For
the first time, all of the nation's emergency responders will use a common language, and
a common set of procedures when working individually and together to keep America
safe. The NIMS ensures that they will have the same preparation, the same goals and
expectations, and most importantly, they will be speaking the same language.
Minimum FY 2005 NIMS Compliance Requirements:
State and territory level efforts to implement the NIMS must include the following:
. Incorporating NIMS into existing training programs and exercises
. Ensuring that Federal preparedness funding (including DHS Homeland Security
Grant Program, Urban Area Security Initiative (VASI) funds) support NIMS
implementation at the State and local levels (in accordance with the eligibility and
allowable uses of the grants)
. Incorporating NIMS into Emergency Operations Plans (EOP)
. Promotion of intrastate mutual aid agreements
. Coordinating and providing technical assistance to local entities regarding
NIMS
. Institutionalizing the use of the Incident Command System (ICS)
At the State, territorial, tribal, and local levels, jurisdictions should support NIMS
implementation by:
. Completing the NIMS Awareness Course: "National Incident Management
System (NIMS), An Introduction" IS 700
This independent study course is being developed by the Emergency Management
Institute (EMI) explaining the purpose, principles, key components and benefits of
NIMS. The course also contains "Planning Activity" screens, allowing participants an
opportunity to complete some planning tasks during the course. The planning activity
screens are printable so that they can be used after the course is complete.
. Formallv recoJlnizinJl the NIMS and adoptim! the NIMS principles and policies
States. territories. tribes. and local entities should establish legislation. executive orders.
resolutions. or ordinances to formallv adovt the NIMS. The NIC will provide sample
language and templates to assist you in formally adovtinf! the NIMS through legislative
and/or executive/administrative means.
. Establish a NIMS baseline by determining which NIMS requirements you
already meet
We recognize that State, territorial, tribal, and local entities have already implemented
many of the concepts and protocols identified in the NIMS. The 2004 DHS Homeland
Security Grant Program encouraged grantees to begin utilizing the NIMS concepts,
principles, terminology, and technologies. The NIC is developing the NIMS Capability
Assessment Support Tool (NIMCAST). The NIMCAST is a web-based self-assessment
system that States, territories, tribes, and local governments can use to evaluate their
incident response and management capabilities. This useful tool identifies the
requirements established within the NIMS and can assist you in determining the extent to
which you are already compliant, as well as identify the NIMS requirements that you are
not currently meeting. As gaps in compliance with the NIMS are identified, States,
territories, tribes, and local entities should use existing initiatives, such as the Office for
Domestic Preparedness (ODP) Homeland Security grant programs, to develop strategies
for addressing those gaps. The NIC will formally pilot the NIMCAST with a limited
number of States in September. Upon completion of the pilot, the NIC will provide all
potential future users with voluntary access to the system. Additional information about
the NIMCAST tool will be provided later this year.
. Establishing a timeframe and developing a strategy for full NIMS
implementation
States, territories, tribes, and local entities are encouraged to achieve full NIMS
implementation during FY 2005. To the extent that full implementation is not possible
during FY 2005, Federal preparedness assistance must be leveraged to complete NIMS
implementation by FY 2006. By FY 2007, Federal preparedness assistance will be
conditioned by full compliance with the NIMS. Again, in order for NIMS to be
implemented successfully across the nation, it is critical that States provide support and
leadership to tribal and local entities to ensure full NIMS implementation. States should
work with the tribal and local governments to develop a strategy for statewide
compliance with the NIMS.
. Institutionalizing the use of the Incident Command System (ICS)
If State, territorial, tribal, and local entities are not already using ICS, you must
institutionalize the use of ICS (consistent with the concepts and principles taught by
DHS) across the entire response system. The 9/11 Commission Report recommended
national adoption of the Incident Command System (ICS) to enhance command, control,
and communications capabilities. All Federal, State, territory, tribal, and local
jurisdictions will be required to adopt ICS in order to be compliant with the NIMS.
Additional information about adopting ICS will be provided to you by the NIC.
FY 2006 and FY 2007 Reauirements:
In order to receive FY 2006 preparedness funding, the minimum FY 2005 compliance
requirements described above must be met. Applicants will be required to certify as part
of their FY 2006 grant applications that they have met the FY 2005 NIMS requirements.
Additional information about NIMS compliance and resources for achieving compliance
will be forthcoming from the NIC. In addition, FY 2005 Federal preparedness assistance
program documents will address State and local NIMS compliance. The NIC web page,
www.fema.gov/nims, will be updated regularly with information about the NIMS and
guidance for implementation. The NIC may be contacted at the following:
Gil Jamieson, Acting Director
NIMS Integration Center
500 C Street, SW
Washington, DC 20472
(202) 646-3850
NIMS- Integration-Center@dhs.gov
web page: www.fema.gov/nims
Thank you for your support in implementing the NIMS. I look forward to continuing our
collective efforts to better secure the homeland and protect our citizens and appreciate all
of your hard work in this important endeavor.
Sincerely,
Tom Ridge
cc: State Administrative Agency
State Emergency Management Director
State Homeland Security Advisor
DHS Directorates and Offices
Homeland Security Advisory Council
City Council
~",;;"...,,,~~~,~da ~f!~er .M~I1!~!!,I!;;d u m
I..-r -_. )
ld.d
Tracking Number: 1,077
Actual Date: 01/20/2005
Subject / Recommendation:
Award a contract to lease desktop and laptop computers for 3 years from Dell Computers, Inc.,
Round Rock, TX, for an amount not to exceed $1,005,000, in accordance with the terms of State
Contract #250-000-03-1; and award a contract to lease purchase monitors from Dell Computers,
Inc., Round Rock, TX, for an amount not to exceed $260,000, in accordance with the terms of
State Contract #250-000-03-1; and adopt Resolution 05-05 authorizing the City Manager to
delegate to the Information Technology Director or other designee the ability to execute
documents on Lease Agreements with Dell Marketing, LP.
Summarv:
Dell Computers, Inc. is the provider of the City's current standard desktop, laptop and server
hardware.
Over the past 3 years (starting in January 2002) the City has completed an enterprise-wide
upgrade of it's desktop computer environment. The benefits of this initiative have been
significant, including greatly improved security, more efficient network administration, and
improved system performance for users. The leasing strategy has also resulted in substantial
savings that have allowed the City to increase its desktop computing capacity by 20% without
having to increase it budgeted lease obligation.
The next phase of leasing be for a second 3-year term for desktop and laptop computers, and will
facilitate refreshing the City's inventory. However, computer monitors will be excluded from the
lease and will be purchased separately.
The purchasing of monitors will result in an increase in initial costs above the current lease budget
by $50,000 over the next 3 years. However, due to a longer useful life expectency, this strategy
will result in a net savings of $25,000 to $175,000 over the next 4-6 years. Based upon industry
reports and experience, the life expectency for monitors is 4-6 years. All monitors will come with
a 3-year warranty.
Costs for this phase of the lease will not exceed $111,667 the first year, $223,334 the second
year and $335,000 the third year. Once all machines are in rotation (year 3 and beyond), annual
costs will not exceed $335,000.
Annual lease payments will be budgeted in the Information Technology annual operating budget
and be prorated to all departments and funds, based upon their respective personal computer
counts, through the Administrative Services Fund charge back for Information Technology
services.
Monitors will be lease purchased from CIP 316-94833 to be established at first quarter budget
amendents and be prorated to all departments and funds, based upon their respective personal
computer counts, through the Administrative Services Fund charge back for Information
Technology services.
Originating: Information Technology
Section: Other items on City Manager Reports
Cateqorv: Agreements/Contracts - with cost
Public Hearing: No
City Council
Ag~!!,da CQver Me!!'~!!Ildum
Financial Information:
Type: Capital Expenditure
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
State Contract # 250-040-99-1
In Current Year Budget?
Yes
Budget Adiustment:
Yes
Budget Adiustment Comments:
first quarter amendment (transfer money from operating to CIP).
Current Year Cost:
$400,250.00
Annual Operatina Cost:
$422,000.00
For Fiscal Year:
10/01/2004 to 09/30/2007
Total Cost:
$1,266,000.00
Not to Exceed:
$1,266,000.00
Review Approval
Daniel Maver
01-07-2005 10: 14:35
Leslie Douaall-Sides
01-07-2005 16:35:48
Bill Horne
01-14-2005 09:39:17
Georae McKibben
01-07-2005 11:00:13
Cvndie Goudeau
Tina Wilson
Garry Brumback
City Council
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01-14-2005 10:24:55
01-07-2005 15:17:52
01-11-2005 12: 18:05
RESOLUTION NO. 05-05
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA ESTABLISHING ITS INTENT TO HAVE
THE INFORMATION TECHNOLOGY DIRECTOR
SIGN FOR ALL DRAWS ON THE LEASE
CONTRACT WITH DELL COMPUTERS, INC. LP;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Counsel of the City of Clearwater, Florida has approved a
lease agreement with Dell Computers, Inc. of Round Rock, Texas for desktop and
laptop computers for a total amount not to exceed $1,265,000, and,
WHEREAS, the City Counsel of the City of Clearwater, Florida has determined
that the need exists to streamline the process of making draws on the lease purchase
contract with Dell Marketing, LP; now, therefore,
BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY
OF CLEARWATER, FLORIDA THAT:
Section 1. The City Counsel hereby authorizes the City Manager to delegate to
the Information Technology Director or other designee the ability to execute documents
on the Master Lease Agreement with Dell Marketing, LP.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-05
f)R - 1
City Council
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Trackinq Number: 1,052
Actual Date: 01/20/2005
Subject / Recommendation:
Pass Ordinance No. 7376-05 on first reading, amending Section 22.24 of the City of Clearwater
Code of Ordinances relating to the regulation of hours of operation for parks and to prohibit
trespassing on parks, and amending Section 22.33 of the City of Clearwater Code of Ordinances
deleting reference to park hours due to a revision of applicable hours at Courtney Campbell
Recreation Area.
Summarv:
The Code of Ordinances currently empowers the City Manager to regulate the time, place and
manner in which City park property is to be used and enjoyed by the public.
Over the past several years, staff has seen an increase in trespassing on park property and it
has become apparent that for the safety and welfare of the public that the ordinance needs to be
amended to include hours of operation for all City parks and the posting of signs to inform the
public of said hours.
Ordinance No. 7376-05 amends Section 22.24 by adding the hours of operation for each City
park in the Code of Ordinances; requiring at least one prominently posted sign be installed at
each park stating the hours of operation; and providing an exception to the closing hours which
would allow a permit to be issued by the Department or the City Manger. It also amends
Section 22.33 deleting reference to park hours due to a revision of applicable hours at Courtney
Campbell Recreation Area.
The amending of this Ordinance will provide for a tool that can be used by City law enforcement
officers to more effectively patrol City parks and enforce the hours of operation at each park.
This will reduce the number of persons trespassing on park property after closing hours and
hopefully reduce some of the vandalism that occurs during these times.
Originatinq: Parks and Recreation
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Cooies attached: 0
Public Hearinq: No
financial Information:
Review Aporoval
Kevin Dunbar 12-23-2004 13:37:07
Cvndie Goudeau 01-05-2005 14:39:45
Art Kader 12-30-2004 11:01:35
Garrv Brumback 01-04-2005 15:11:30
..
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u
Laura Lipowski
Bill Horne
ater
City Council
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12-30-2004 16:08:26
01-04-2005 17:32:41
ORDINANCE NO. 7376-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO PARKS; AMENDING CHAPTER 22, USE
REGULATIONS, SECTION 22.24, AUTHORITY TO REGULATE
BEACHES, PARK PROPERTY, AND THE COURTNEY
CAMPBELL RECREATION AREA; PROVIDING FOR HOURS OF
OPERATION FOR PARKS AND A PROHIBITION ON
TRESPASSING RELATED THERETO; AND AMENDING
SECTION 22.33, BATHING AND SWIMMING AREAS AND THE
COURTNEY CAMPBELL RECREATION AREA, SUBSECTION (3),
DELETING REFERENCE TO PARK HOURS DUE TO A
REVISION OF APPLICABLE HOURS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Code of Ordinances currently empowers the city manager
to regulate the time, place and manner in which City park property is to be used
and enjoyed by the public; and
WHEREAS, it is in the interest of the public health, safety and welfare of
the City of Clearwater residents to amend its regulations to include hours of
operation for the City's parks and to post signs informing the public of same; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Section 22.24 of the Code of Ordinances, City of
Clearwater, Florida, is hereby amended to read as follows:
Section. 22.24. Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area,
ill The city manager is empowered in the exercise of the city manager's
discretion to regulate the time, place and manner in which the public
beaches, park property of the city, and the Courtney Campbell Recreation
Area, or any portion thereof, are to be used and enjoyed by the public and
to authorize the posting of signs regulating public use. In so doing, the
city manager is to give due regard to the safety facilities available thereat,
the preservation of public property, the number of persons who can be
safely protected and safeguarded at the particular location, and the health
and welfare of the public using and wishing to use such facilities. The
directions of the city manager given pursuant to the authority contained in
this section are declared to have the effect of law and shall be enforced
by the police officers of the city.
Ordinance No. 7376-05
m The hours of operation for each City park. as may be amended from time
to time. are as follows:
1. CLOSED FROM SUNSET UNTIL SUNRISE:
~ SITE NAME
1 ALLEN'S CREEK PARK
2 ALLIGATOR LAKE
3 BAY PARK ON SAND KEY
4 MYRON A. SMITH BAYVIEW PARK
5 CEDAR GROVES
6 CHARLES PARK
7 CHARTER OAKS
8 LAKE CHAUTAUQUA PARK
9 CHAUTAUQUA PARK NORTH (Enterorise Rd.)
10 CHAUTAUQUA PARK SOUTH
11 CLIFF STEPHENS PARK
12 COOPERS BAYOU PARK
13 COUNTRY HOLLOW PARK
14 CYPRESS BEND PARK
15 CYPRESS POINT PARK
16 D.D. DAVIS PARK
17 DREW PLAZA
18 GARDEN AVENUE PARK
19 GLEN OAKS PARK
20 GLENWOOD PARK
21 HARDING PLAZA
22 HIBISCUS LAKE
23 HILLCREST PARK
24 LAKE HOBART SOUTH
25 LAKE LUCILLE
26 NORTHEAST COACHMAN PARK
27 NORTHWOOD PARK
28 OVERBROOK PARK
29 SALLS LAKE 1 & 2
30 SOULE ROAD PARK
31 SPRING LAKE PARK
32 STATE STREET PARK
33 SUNSET POINT ROAD PLAYFIELD
34 h"ERRACE LAKE
35 h"OWN PLACE PARK
36 NO. GREENWOOD REC/AQUATIC COMPLEX
37 CHERRY HARRIS PARK
l2. CLOSED FROM 9:00 PM UNTIL 6:00 AM:
38 BA YFRONT TENNIS COMPLEX
2
Ordinance No. 7376-05
39 COACHMAN PARK
40 COURTNEY CAMPBELL RECREATION AREA
41 COUNTRYSIDE LIBRARY PLAYGROUND
42 MAGNOLIA STREET DOCK
43 MEMORIAL PARKS 1 & 2
44 MOCCASIN LAKE NATURE PARK
45 PROSPECT LAKE PARK
46 STATION SQUARE PARK
47 IrURNER STREET DOCK
3. CLOSED FROM 10:00 PM UNTIL 6:00 AM:
48 BELMONT PARK
49 CLW. BEACH FAMILY AQUATIC & REC. CMPLX.
50 COACHMAN RIDGE PARK
51 COUNTRYSIDE COMMUNITY PARK
52 DEL ORO PARK (Trail: Sunrise to Sunset)
53 FRANK TACK PARK
54 KINGS HIGHWAY RECREATION CENTER
55 LAWN BOWLS & SHUFFLEBOARD COMPLEX
56 MARYMONT PARK
57 MONTCLAIR PARK
58 MORNINGSIDE RECREATION COMPLEX
59 NO. GREENWOOD REC. & AQUA TIC COMPLEX
60 PLAZA PARK
61 ROSS NORTON COMPLEX & ED WRIGHT PARK
62 SID L1CKTON PARK & FRED COURNOYER CT.
63 SUNSET SAM PARK AT ISLAND ESTATES
64 U.S. 19 SOCCER PRACTICE FIELDS
65 VALENCIA PARK
4. CLOSED FROM 11 :00 PM UNTIL 6:00 AM:
66 CREST LAKE PARK
67 EDGEWATER DRIVE PARK
68 FOREST RUN PARK
69 HENRY L. MCMULLEN TENNIS COMPLEX
70 LJOE DIMAGGIO COMPLEX
71 LONG CENTER
72 MANDALAY PARK
73 McKAY PLA YFIELD
74 PIER 60 PARK
75 WOOD VALLEY RECREATION CENTER
76 IWOODGATE PARK
5. OPEN 24 HOURS PER DAY:
77 CLEARWATER BEACH
78 MEMORIAL CAUSEWAY
3
Ordinance No. 7376-05
79 SAND KEY BAYS I DE PARK
80 SEMINOLE DOCKS
6. OPEN FOR SCHEDULED PROGRAMMING ONl Y:
81 CARPENTER FIELD
82 COOPERS POINT NATURE PARK
83 COUNTRYSIDE SPORTS COMPLEX
84 DAVID MARTIN SOCCER FIELD
85 E. C. MOORE COMPLEX (1-7)
86 E. C. MOORE FIELDS 8 & 9
87 GLEN OAKS SOCCER FIELDS
88 MISSOURI AVE. (DOT)
89 PHILLIP JONES PARK
CITY OWNED PROPERTIES. lEASED TO OTHERS (Hours of
ooeration established bv lessee):
90 BRIGHTHOUSE NETWORK FIELD
91 CHI-CHI RODRIGUEZ GOLF COURSE
92 CLEARWATER COUNTRY CLUB
93 CLEARWATER EXECUTIVE GOLF COUSE
94 HARBORVIEW CENTER
95 HOL T AVE. PROPERTY
96 JACK RUSSELL STADIUM
97 MARTIN LUTHER KING RECREATION CENTER
98 PERFORMING ART CENTER & THEATER (PACT)
99 SAILING CENTER
m Each City park shall have at least one prominently posted siQn that
states the hours of operation for that park.
ill No person shall enter or remain upon park property at any time durinQ
which the park is closed except bv permit issued bv the Department or
unless permission has been qiven by the De'partment or the City
ManaQer.
Section 2. That Section 22.33 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Section. 22.33. Bathing and swimming areas and the Courtney Campbell
Recreation Area.
(1) No person, regardless of age, sex or manner of dress shall swim,
wade or bathe in waters or waterways in any park other than at such
places set aside for such activities.
*
*
*
4
Ordinance No. 7376-05
(3) No person shall frequent any park waters or public bathing beach
for the purpose of swimming or bathing except between such hours of the
day as shall be designated or posted by the department for such purposes
for each individual area. Tho Courtnoy Compboll Recreation .A.reo shall
bo closed from 11 :00 p.m. until da\Om.
*
*
*
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:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
5
Ordinance No. 7376-05
(VI R. -L
City Council
Cover Memorandum
ld.L\
Trackinq Number: 1,012
Actual Date: 01/20/2005
Subiect / Recommendation:
Adopt Resolution No. 05-07 authorizing changes to the recently amended commercial and
private dock permits for storage of vessels at the Clearwater Municipal Marina and the conditions
surrounding the turnover of business ownership at the Clearwater Municipal Marina.
Summary:
City Council approved Resolution No. 04-14 at the July 15, 2004 Council meeting. The
resolution modified the commercial and private dock permits, and included a transfer fee
equivalent to three year's base rent in effect at the time of a sale, payable by the purchaser.
Subsequently, the commercial tenants met with the Harbormaster and City Manager, and
reached consensus on the following changes.
1. No transfer fee for current tenants businesses at this time. The transfer fee will be
developed working with staff, the tenants and the Marine Advisory Board as part of the Marina
Business Plan for the Fiscal Years 2008 through 2012. The analysis of the economic impact of
the commercial businesses to both the Marina and the surrounding businesses will be an integral
part of determining the value of such a fee. Any changes will go into effect in FY 2008.
2. Approve a no transfer fee for a business sold to a boat captain or crewmember, with proof of
being with the business for five years or more.
3. Institute a transfer fee equivalent to three years slip rent fee at time of sale for any business
changing ownership, and desiring to change the business from its current form to another type
of business, with the Harbormaster's approval of the change.
4. Charge a nonrefundable fee to either remain on, or be placed on, both the commercial
waiting list and the private slip waiting list. The City will charge persons wishing to be put on, or
remain on the commercial waiting list $250. Those wishing to be put on, or remain on the
private waiting list will be charged $100.
Oriqinating: Marine and Aviation
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: No
Financial Information:
Review Approval
Bill Morris
12-03-2004
13:30: 11
Tina Wilson
12-06-2004
08:22: 14
Brvan Ruff
11-22-2004
12: 14:40
l_
Bill Horne
Garry Brumback
Cyndie Goudeau
City Council
_~~~1Jend~.~~~ver ~emorandl:!.!!!",".~_.~."...."...__~.."...,
12-07-2004 11:36:53
12-06-2004 16:04: 16
01-14-2005 10:43:21
RESOLUTION NO. 05-07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING CHANGES TO THE RECENTLY
AMENDED COMMERCIAL AND PRIVATE DOCK PERMIT
HOLDERS FOR STORAGE OF VESSELS AT THE
CLEARWATER MUNICIPAL MARINA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater wishes to authorize certain changes to the
recently amended commercial and private dock permit holders for storage of vessels at
the Clearwater Municipal Marina in Resolution 04-14, including;
Postponing the transfer fee for current tenants to be readdressed at the
time of the making of the new Marina Business Plan in 2008,
To impose no transfer fee for a business sold to a boat captain or crew
member with proof of being with the business for five years or more,
Instituting a three year transfer fee at the time of a sale for any business
desiring to change the business from its current form to another type of
business, with the Harbormaster's approval of the change, and
Charging a nonrefundable fee to both remain on, or be placed on, both
the commercial and private slip waiting list; $250 for commercial, $100
for private; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing changes to
current commercial and private dock permit holders, including;
Postponing the transfer fee for current tenants to be readdressed at the
time of the making of the new Marina Business Plan in 2008,
To impose no transfer fee for a business sold to a boat captain or crew
member with proof of being with the business for five years or more,
Instituting a three year transfer fee at the time of a sale for any business
desiring to change the business from its current form to another type of
business, with the Harbormaster's approval of the change, and
Charging a nonrefundable fee (including interest) to both remain on, or
be placed on, both the commercial and private slip waiting list; $250 for
commercial, $100 for private; now, therefore,
Resolution No. 05-07
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
day of
,2005.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Resolution No. 05-07
I
ADDENDUM TO PRIVATE DOCKING PERMIT
THIS FIRST ADDENDUM TO THE PRIVATE DOCKING PERMIT is made and
entered into this day of , 2005, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for
CURRENT PRIVATE DOCK PERMIT TENANTS AT THE CLEARWATER MUNICIPAL
MARl NA.
WHEREAS, City wishes to make certain changes for current Private Tenants
who hold Private Dock Permits at the Clearwater Municipal Marina. The City agrees to
add the first addendum as of January 20, 2005, pursuant to the terms described herein.
NOW THEREFORE, the City agrees to the following:
1. Section 7 of the Private Docking Permit shall be added as follows:
SALE OF PRIVATE VESSEUS) NAMED IN DOCKING PERMIT:
If the seller elects to relinquish the slip, the purchaser will, upon approval
of a docking permit application and payment of dockage fees, be issued a
private dock permit for the slip in question. A transfer fee equivalent to 3
year's base rent in effect at the time will be imposed.
Exceptions:
No transfer fee for current businesses at this time. The transfer fee will be
readdressed at the time of the makino of the new Marina Business Plan in
2008.
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Countersigned:
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Addendum to Private Docking Permit 01-20-05
,---
ADDENDUM TO COMMERCIAL DOCKING PERMIT
THIS FIRST ADDENDUM TO THE COMMERCIAL DOCKING PERMIT is made
and entered into this day of , 2005, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for
CURRENT COMMERCIAL DOCK PERMIT TENANTS AT THE CLEARWATER
MUNICIPAL MARINA.
WHEREAS, City wishes to make certain changes for current Commercial
Tenants who hold Commercial Dock Permits at the Clearwater Municipal Marina. The
City agrees to add the first addendum as of January 20, 2005 pursuant to the terms
described herein.
NOW THEREFORE, the City agrees to the following:
1. Section 9 of the Commercial Docking Permit shall be added as follows:
SALE OF COMMERCIAL VESSEUS) NAMED IN DOCKING PERMIT:
Tenant shall be permitted to sell tenant's business and assign the
agreement rights and obligations to a new tenant. In such case, the new
tenant (purchaser) shall be restricted to operate the purchased business
and tenant's vessel. Any change will be at the discretion of the
Harbormaster. This provision authorizes only a bona fide sale of the
business. The City reserves the right to review documents related to the
sale to verify that the sale is bona fide. A transfer fee equivalent to three
year's base rent in effect at the time will be imposed.
Exceptions:
No transfer fee for current businesses at this time. The transfer fee will be
readdressed at the time of the makino of the new Marina Business Plan in
2008.
No transfer fee for a business sold to a boat captain or crewmember, with
proof of beino with the business for five vears or more.
A transfer fee equivalent to three years slip rent fee will be collected at the
time of a sale for any business desirino to chanoe the business from its
current form to another type of business. with the Harbormaster's approval
of the chanoe.
Addendum to Commercial Docking Permit 01-20-05
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Countersigned:
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Addendum to Commercial Docking Permit 01-20-05
ater
City Council
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Trackinq Number: 1,040
Actual Date: 01/20/2005
Subject / Recommendation:
Pass Ordinance No. 7377-05, amending paragraph (7) of Chapter 33, Section 33.067 of the
Code of Ordinance extending the designated slow down minimum - wake zone in Mandalay
Channel, on first reading.
Summary:
Local residents along Mandalay Channel have requested the minimum wake zone be extended to
the north end of Mandalay Channel. We have been unable to accommodate previous citizen's
requests, because there has not been an abundance of citations, or accident reports to
substantiate their claim that the wakes are danger to life and limb.
This issue has come up before and has opposition from boaters in the area that have only this
small area, and one other, that they can use for water skiing and wakeboarding.
A recent survey by the Fish and Wildlife Conservation Commission (FWC) suggested that a
confluence of water bodies present a blind corner and could obscure other vessels or other users
of the waterway. In this case, the area where Mandalay Channel enters Big Pass at the north
end of Island Estates. This, the FWC feels, will meet their boating safety and waterway
management criteria for requesting an extension of the wake zone.
Once Ordinance 7377-05 is adopted, the City will request permission from the Fish and Wildlife
Conservation Commission, Army Corps of Engineers, US Coast Guard and DEP for the permits to
install the signage necessary to establish the extended minimum wake zone. Pinellas County
will be asked to pay for the buoys and their placement. This process takes several months.
Oriqinatinq: Marine and Aviation
Section Other items on City Manager Reports
Cateqory: Code Amendments, Ordinances and Resolutions
Number of Hard Cooies attached: 1
Public Hearinq: No
Financial Information:
Review Aooroval
Bill Morris
12-13-2004
11 :26:05
Garrv Brumback
01-03-2005
15:25:54
Brvan Ruff
12-13-2004
12:03: 17
Bill Horne
01-03-2005
20:55:46
Cyndie Goudeau
01-07-2005
08:09:39
-=R.s'. tnR. - \
ORDINANCE NO. 7377-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 33, SECTION 33.067, CODE OF
ORDINANCES, RELATING TO WATERWAYS AND VESSELS,
TO CHANGE A DEFINED AREA FOR SPEED RESTRICTIONS
OF VESSELS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 33.067 is amended to read:
Sec. 33.067. Same - Areas defined.
(7) Slow down-minimum wake zone, north of Memorial Causeway.
All waters in the following described area are designated as a slow down-minimum
wake zone: Begin at a point approximately 75 yards. more or less, to a point
approximatelvon Island Way. located at 27 deQrees 59 minutes 51 seconds north. 82
deQrees 49 minutes 16 seconds west, on the shore line at Island Estates located at 27
degrees 59 minutes 23 seconds north, 82 degrees 49 minutes 18 seconds west, then
westerly to the easternmost point of Kiplinq Plaza Somerset Street on Clearwater
Beach Island, then southerly along the shoreline of Clearwater Beach Island to the fixed
highway bridge at the west end of Memorial Causeway, then easterly along the bridge
and Memorial Causeway to the west shoreline of Island Way, then northeasterly along
the shoreline of Island Way to the shoreline of Island Estates, then along the shoreline
of Island Estates to the point of beginning..
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
I
Ordinance No. 7377-05
\
~ Woke Zone Buoys
Proposed Addition To The Existing
Minimum Woke Zone
[
g[
SLOW SPEED
MINIMUM WAKE
IDLE SPEED
NO WAKE
JAJ
~
~
~(Q)~U[}::{]
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
&
&
O.King 11/24/2004
O.Klng 07/25/2000
SLOW DOWN - MINIMUM WAKE
CLEARWATER HARBOR
ISLAND ESTATES
......
11/02/99
..... NO.
96Oll6X
SNm
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K~: 12,5
PETITION
RE: Ordinance No. 7377-05
City Manager:
Asst. City Manager:
Mr. Frank Hibbard
Mr. Hoyt Hamilton
Mrs. Carlen Peterson
Mr. William C. Jonson
Mr. John Doran
Mr. Bill Home
Mr. Garry Brumback
COPIES TO
CITY COUNCIL
JAM 0 5 2005
PRESS
CLERK/ATTORNEY \
To: Mayor:
Councilmembers:
We, the undersigned residents of Clearwater, Florida in the interest of public
safety strongly support the passing of Ordinance No. 7377-05 which would
extend the wake zone in Mandalay Channel. We have a few speakers who
will represent the signers of this petition. They will speak when the item
comes forward to the City Council. Thank you for your time and
consideration.
Signature Name Address nm
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Petition
To: Mr. William Morris, Clearwater Harbor Master
THE UNDERSIGNED ARE RESIDENTS OF
ISLAND ESTATES WHO LIVE ALONG THE
MAND.l4.LA Y CHANNEL FROM THE HIGH RISE
CONDOMINIUMS NORTHWARD. WE ARE
REQUESTING THAT "MINIMUM WAKE" ZONES
BE PLACED IN EFFECT ALONG THE ENTIRE
LENGTH OF OUR CANAL (CHANNEL) AS THE
BOAT TRAFFIC IS CAUSING "WAKE DAMAGE"
AS THEY SPEED BY. LARGE BOATS "POWER-
UP" AT THE CONDOMINIUMS AS THEY HEAD
NORTH AND THEN THROW LARGE WAKES
AGAIN AS THEY RETURN SOUTHBOUND UP
UNTIL THEY HAVE TO SLOW DOWN WHERE
THE MINIMUM WAKE ZONE IS IN EFFECT.
BOATERS SEElYI TO BE ENCOURAGED TO
SPEED BY BECAUSE OF THE LACK OF ANY
..
MINIMUM WAKE ZONES BEHIND OUR HOMES.
Dated: S4fT 7 ~\ ~ 00 :l.
Name DE: v Lf\('l) 11"(1
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Woke Zone Buoys
Proposed Ac!dit101'l To The Exh,ting
Minimum Woke Zone
SI,.OW SPIED
_MUM WAKE
IDlE 8PEED
NO WAKE
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CITY Of CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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O,KK,q ()1/25/2000 Mqitl<>nal ..."'...."., WoIc. Z",
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SlOW DOWN - MINrMUlot WAKE
- CLEARW~TER \'lARBOR_
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AN ORDINANCE Of THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 33, SECTION 33.061. CODE OF
ORDINANCt:8, RELAT1NG TO WATERWAYS AND VESSELS,
TO CHANGE A DEFINED AREA FOR SPEED RESTR'CT'ONS
OF VESSELS; PROVtDINO AN effECTIVE DATE.
BE IT ORDf\lNED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATfR, FLORIDA:
~ Section 33.087 ,. amended to reed:
III- aurr. ... - AI'.- defined.
(7) Stow ck)wn-minimum __ .zone, notth of Afemorlal ceuaeway.
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btIdge Ind ~ ~ to lhll WlIIt tIhIlI'8lln8 a11.-nc1 Wt/I. thin nCII1t...-erIY
lIIonQ lhll IhoreIlI1ll 01 IlIend Way to lhlllllcll1lllM a1111l1nC1 ~ thin IIanIJ lhll
Ihcnttne of IeIand Eltatea to the point of b4IO'nntng..
~ ThIs ordtnence 8h8R take effect Immediately upon adoption.
PASSED ON FIRST READING
. r
PASSED ON SECOND ftND FINAL
READING AND ADOPTED
. lr l -
f ~
,
Brl.n J. AunQlt
Meyor..commlUiOf\ef'
ApproVed at to form:
AtteIt
oJ. 1. L r 1'1" ~ 'I'
Bryan D. Ruff
"".t.ent City ~
.. I ,~
Cyn\hie E. Goude8U
City Clerk
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Clwwatcr City Commission
Apnda Cover Mamonndum
WorlcMMtOft It<<n .:
P1Mt AgIrIdflItlm'
tMItlne DatI:
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IU8Jl!CTMlCQlllllNDATION:
P_ Old........ No. 7377..0&, M*\d'nv par.,. (7) of Chapter 33. secuon 33.087 of the Code
of OrdlMllOl ~ thtl ,,'gnated .Iow dOWn minimum - \VIM zone In M8ndat1lY C....., on
the ftrIt ...ding.
A _<h"''''~~'.~~..1:Il'''- A__'__
au.lIMY:
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L.OOII ,....1IonO MandIIIIY Ctwnwl have requHted the minImUm wake zone be extended to lhI
north end of MIndaIaY Channel. W. hlv. bMn unlble to a(lCOtnmodatt previouI cltizln', requeeta,
beCal.... haI not bMn ., abundanC8 of clt8tlana. or acddInt reportt to ~ their cIalm that
the..... .. dInger to Ufe Md 11mb.
Th.. ... has oorne up btIkn Met hat oppoIltlon from bOlt.-. In the arM ttwt haVe only thll ..... ...,
and one oIW, ** they can ute for water IkUng and wakebOMInQ.
A reoem IUNfIY by the FIIh 8nd WftdUfe eon-vatton Commtnlon (FWC) ~ggeated that. oorIIUInCe d
.. bOdIM pI'8III't. blind comer and could obecure other v.... or other UHf. of the v..-w.y. In
th'- ~, the.. where Mend_lay ChlMal entert Big P... III the north end of \Mnd e...... ThI., the
FWC fMII, wtn fMM the\r bOattnO I8fety and weterW8Y ~ criW4a for requeItIno an ...,.,.,
rI the __ zone.
once Ordtnenoe 1377..05 'I adOp\ed. the Clly 'NUl requelt permlIeiOn tram the FI.h and WHdtIfe
conlllfW't~ CornrnI..lon, ArmY COflS8 of EngtnHrt. U8 Coat Guard aand DEP for tht permit to 1nItIIt'
the etgnIlP MC8IMtY to ...........,. extended minImUm wake zone. Plnett.. County'" - .... to
pay far the bUOY' end their ptldment. Thl, prooeu ... ..., monthI.
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CITY OF CLEARWATER
PETITION TO KEEP MANDALAY CHANNEL OPEN TO WATER SKING AND
JET SKIES.
DO NOT LET IT BECOME A MINIMUM WAKE AREA.
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PETITION TO KEEP MANDALA Y CHANNEL OPEN TO WATER SKING AND
JET SKIES.
DO NOT LET IT BECOME A MINIMUM WAKE AREA.
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Please do not support the minimum wake ordinance for Mandalay Channel. I have been in contact with my
neighbors along the water on Clearwater Beach, and have had unanimous support against the proposed
minimum wake. Tomorrow I will fax you a petition with signatures against the minimum wake. This is the last
place left to ski in Clearwater. Let's not punish all boaters for mistakes made by a few careless boaters. Let's
use the maritime aw to punish the boaters who are responsible for their own wake. We have lived on
Clearwater Beach for 20 years and as a water-front owner, we know the conditions that come along with living
on the water. The people who are experiencing the problems with the large boats damaging wake should get
the FL number from those boats and report them. The boat captain is responsible for his own wake.
Please forward this to the Clearwater Council-members.
Thank you,
Mark Smith and family
701 Bay Esplanade
Clearwater FL 33767
. 1/20/2005
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CITY OF CLEARWATER
c-.(E'e 12.5
PETITION TO KEEP MANDALAY CHANNEL OPEN TO WATER SKING AND
JET SKIES.
DO NOT LET IT BECOME A MINIMUM WAKE AREA.
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CITY OF CLEARWATER
PETITION TO KEEP MANDALA Y CHANNEL OPEN TO WATER SKING AND
JET SKIES.
DO NOT LET IT BECOME A MINIMUM WAKE AREA.
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Please do not support the minimum wake ordinance for Mandalay Channel. I have been in contact with my
neighbors along the water on Clearwater Beach, and have had unanimous support against the proposed
minimum wake. Tomorrow I will fax you a petition with signatures against the minimum wake. This is the last
place left to ski in Clearwater. Let's not punish all boaters for mistakes made by a few careless boaters. Let's
use the maritime aw to punish the boaters who are responsible for their own wake. We have lived on
Clearwater Beach for 20 years and as a water-front owner, we know the conditions that come along with living
on the water. The people who are experiencing the problems with the large boats damaging wake should get
the FL number from those boats and report them. The boat captain is responsible for his own wake.
Please forward this to the Clearwater Council-members,
Thank you,
Mark Smith and family
701 Bay Esplanade
Clearwater FL 33767
1/20/2005
'~I ~~
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1Z?~7c/ iL( (/ /U
t~c/ tlko/
City Council
"._ Ag,~nda=~~_ ,Memora nd ~'!!'_"_,~,__,,,w=,
ENS - "4
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Trackinq Number: 1,034
Actual Date: 01/20/2005
Subiect / Recommendation:
Pass on first reading Ordinance No. 7384-05 repealing Ordinance 6132-97 that conditionally
vacated a portion of the public alley in Block 4, GOULD & EWING'S 2ND ADDITION, as recorded
in O. R. Book 9685, Page 1310, Pinellas County public records.
Summary:
On May 1, 1996 the City approved a certified site plan for a 38-story redevelopment project on
Cleveland Street between Garden Avenue and the old Coachman Building.
The project was to be known as the "Rome Tower". The plan contemplated a mixed use of 300
residential units and just over 54,000 square feet of retail, service and office uses. The
proposed tower also included a 423 space robotic parking garage.
To facilitate tower construction, the City Commission passed and adopted Ordinance No.
6132-97 on April 3, 1997 conditionally vacating most of the is-foot public alley between
Cleveland and Park Streets, extending west from Garden Avenue to the Coachman Building.
Conditions precedent to the vacation required that the developer fund the cost of relocating all
utilities located within the alley to be vacated not later than one year following adoption of the
Ordinance. The tower was never constructed and the utilities were never relocated. The alley
remains in the public domain.
The subject Ordinance will provide public notice that the conditional vacation is null and void and
of no effect.
Originatinq: Engineering
Section Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Number of Hard CODies attached: 1
Public Hearinq: Yes
Advertised Dates: 01/02/2005
Financial Information:
Review ApDroval
Michael Ouillen
12-15-2004 16:11:58
Garrv Brumback
01-03-2005 15:50:00
Brvan Ruff
12-16-2004 16:44:32
Bill Horne
01-03-2005 20:53:21
Cyndie Goudeau
City Council
_",,,,,,,,,,,~,~a C~~Y~,r Me~o,ra~,~,~.!!!"___""",,
01-04-2005 14:50: 13
ORDINANCE NO. 7384-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REPEALING ORDINANCE NO. 6132-97, WHICH
PROPOSED TO CONDITIONALLY VACATE THE
EAST/WEST ALLEY LYING SOUTH OF LOTS 9, 10, AND
11, LESS THE WEST 3 FEET, BLOCK 4, GOULD &
EWINGS 2nd ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Haag Land & Building Development, Inc., ("Haag") as owner of certain
real property located in the City of Clearwater in 1997, requested that the City of
Clearwater ("City") vacate an alley owned by the City in order that Haag could construct a
structure described as the ''Rome Tower", as approved on that certified site plan dated
May 1, 1996 over and across said alley; and
WHEREAS, the City agreed to conditionally vacate said alley in response to the
request upon certain conditions precedent as articulated in Ordinance 6132-97, passed
by the Clearwater City Commission on April 3, 1997; and
WHEREAS, Haag failed to meet the conditions precedent to the vacation of the
alley.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Ordinance 6132-97 is hereby repealed and of no force and effect.
Section 2. That the following:
EAST/WEST ALLEY LYING SOUTH OF LOTS 9, 10, AND 11, LESS THE WEST
3 FEET, BLOCK 4, GOULD & EWINGS 2nd ADDITION AS RECORED IN PLAT
BOOK 1, PAGES 53 OF THE PUBLIC RECORDS OF HILLSBOROUGH
COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A
PART
Is not now, or has never been vacated in accordance with Ordinance 6132-97, and
the City of Clearwater retains all of its right, title and interest thereto.
Section 3. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 4. This ordinance shall take effect immediately upon adoption.
Ordinance No. 7384-05
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Laura Lipowski
Assistant City Attorney
Brian J. Aungst
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7384-05
f:1'~(y -C\
City Council
_~"",,_,,~!:!,da C~y~r Memora nd,!:Jl!!",~"",.
\;;J.(
Tracking Number: 1,050
Actual Date: 01/20/2005
Subject / Recommendation:
Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement
with the Florida Department of Transportation, District Seven, so that aesthetic improvements
can be made a portion of SR 55 (US 19) and Adopt Resolution No. 05-02 authorizing execution
of said Highway Landscape Maintenance Memorandum of Agreement,
Summary:
The City of Clearwater desires to improve and beautify the right-of-way area for S.R. 55 (US 19)
from SR 60 to CSX RR Crossing.
The State of Florida Department of Transportation, District Seven, has allocated funds for
landscape improvements in conjunction with the construction or reconstruction of State Road 55
(US 19), under FP #256957-1-54-01, and is authorized pursuant to Section 334.044, Florida
Statutes, to reimburse the City for eligible landscape expenditures.
FDOT has estimated $250,000 for these landscape improvements.
Upon installation of the landscape improvements, the City has agreed to maintain the same at
its sole expense and in a reasonable manner.
The revitalization and landscape enhancements of SR 55 (US 19) will leave a positive impression
on visitors and residents alike.
The Department of Transportation requires a Memorandum of Agreement to allow landscaping
within their right-of-way.
Originating: Engineering
Section Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 2
Public Hearing: No
Financial Information:
Review Approval
Glen Bahnick
12-16-2004
14:40: 15
Tina Wilson
01-06-2005
09: 10:05
Bill Horne
01-11-2005
12:35: 13
Michael Ouillen
12-16-2004
16: 15:20
Cvndie Goudeau
Bryan Ruff
Garry Brumback
City Council
~~,"~~en~~! Co,!~.~",~~,,~,~pra ~d u m
01-14-2005 08:40:49
12-17-2004 16:00: 13
01-08-2005 08:39:56
RESOLUTION NO. 05-02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING EXECUTION OF A HIGHWAY LANDSCAPE
REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION FOR A PORTION OF STATE ROAD 55
(US 19) AT DREW STREET; PROVIDING AN EFFECTIVE DATE
WHEREAS, Many roadside areas and median strips abutting the State of
Florida Department of Transportation rights-of-way areas should be maintained and
attractively landscaped; and
WHEREAS, the City Council wishes to beautify and improve the right-of-way
area for State Road 55 (US 19) at Drew Street located between State Road 60 and the
CSX Railroad Crossing within the City of Clearwater by landscaping; and
WHEREAS, the City Council wishes to authorize an office of the City to enter
into a Highway Landscape Reimbursement and Highway Maintenance Memorandum of
Agreement with the State of Florida Department of Transportation;
NOW THERFORE BE IT RESOLVED by the City Council of
Clearwater, Florida, in regular session duly assembled that:
1. The Mayor is hereby authorized to execute a Highway Landscape
Reimbursement and Maintenance Memorandum of Agreement for a portion of
S.R. 55 (US 19)
2.. This resolution shall take effect immediately upon adoption.
day of
2005.
PASSED AND ADOPTED this
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-02
'I")t"
',""..,/i
U. \r")'f
HLRMOA 01-04
.\
DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT
AND MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the _ day of ,2005, 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 of the State of Florida, existing under the Laws of
Florida, hereinafter called the "City".
WITNESSETH
WHEREAS, the Department intends to construct or otherwise reconstruct and improve
State Road 55 (US 19) at Drew Street right of way consisting of road improvements and grassed
areas abutting thereon located between SR 60 and the CSX Railroad Crossing in Pinellas
County, Florida (the "Project Highway"); and
WHEREAS, the Department has allocated funds for landscape improvements in
conjunction with the construction or reconstruction of the Project Highway, under FP# 256957,
and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible
landscape expenditures; and
WHEREAS, upon installation of the landscape improvements, the City has agreed to
maintain the same at its sole expense and in a reasonable manner; and
WHEREAS, the City by Resolution No. , a copy of which is attached hereto as
Exhibit "A", has authorized its officers to execute this Agreement on its behalf.
NOW, THEREFORE and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. SUBMITTALS
a. The City shall produce plans for and install landscape improvements on those areas ofthe
Project Highway as depicted in the Landscape Plans and Specifications to be attached hereto and
incorporated herein as Exhibit "B". All work conducted in connection with plans production and
installation oflandscape materials shall hereinafter be referred to as the "Project".
b. Final planting plans, details and technical specifications shall be prepared in conformance
with Section 481.329(7), Florida Statutes, Florida Administrative Code Rule 14-40, all
applicable requirements of the Highway Landscape, Beautification and Plan Review Procedure
(Topic No. 650-050-001), and shall be based on the District's current roadway plan.
c. Not later than ninety calendar days following the execution of this Agreement and receipt
of federal authorization, the City shall submit to the Department seven copies of the landscape
plans and specifications, five signed and properly executed copies of the Highway Landscape
Maintenance Memorandum of Agreement, and three copies of the following attachments: the
project schedule, letters of no conflict from all utilities within the project limits, a project
maintenance plan, and a project cost estimate. If the City desires to work closer than fifteen feet
to the edge of pavement or close a traffic lane, a Maintenance of Traffic Plan must be included in
the submittal. Within three weeks of the receipt of review comments by the Department, the City
shall revise all documents required herein in accordance with the Department's comments and
submit two copies of the revised documents for the Department's written approval. Within one
week of receipt of Department approval, the City shall submit seven copies of the approved
Plans and Specifications to the Department. Failure of the City to submit any of the required
documents within the time periods herein may be cause for termination of this Agreement.
d. If any of the submittals of the City pursuant to Paragraph l.c. are rejected by the
Department and returned to the City for revisions or changes, such documents must be approved
and resubmitted to the Department not later than one hundred fifty calendar days following the
execution of this Agreement or receipt of federal authorization. If such documents are not
resubmitted as approved by this date, the Department may terminate this Agreement, including
its obligation to reimburse any monies expended for the Project except for those approved
expenditures for design ofthe project.
e. All notices, demands, requests or other instruments shall be given by depositing the same
in the U.S. Mail, postage prepaid, registered or certified with return receipt requested.
(1) If to the Department, address to District Landscape Architect, at Florida Department of
Transportation, MS 7-1200, 11201 N. McKinley Drive, Tampa, Florida 33612-6456 or at such
other address as the Department may from time to time designate by written notice to the City;
and
(2) If to the City address to Ms. Mashid D. Arasteh, P.E., Public Works Administrator, City
of Clearwater, Post Office Box 4748, Clearwater, Florida 33758-4748 or at such other address as
the City from time to time designates by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices, demand
requests and other instruments.
2. INSTALLATION
a. The City shall not commence Project installation until the Department has accepted the
roadway construction project and issued a Notice to Proceed. Said Notice shall contain the
project completion date. In no event shall a Notice to Proceed be issued until the Department has
approved all the documents provided for in Paragraph l.c. The City shall notify the District
Landscape Manager (DLM) ten working days and the Local Maintenance Engineer 48 hours
prior to commencing work on the Project site.
b. The City shall have Maintenance of Traffic certified personnel supervise the set up and
operation of Maintenance of Traffic devices at the Project site. All installations and construction
performed pursuant to this grant shall be performed in accordance with all applicable laws, rules,
20f9
procedures and guidelines of the Department including Maintenance of Traffic regulations and
all provisions of this agreement. In the event that any installations are at any time determined by
the Department to be not 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 at the sole cost and expense of the City.
c. If the City fails to complete the installation of the Project by the completion date set forth
in the Notice to Proceed or abandons the Project, the Department shall provide the City with
written notice of its intent to terminate this Agreement unless the condition resulting in such
notice is corrected. If the City fails to respond or take corrective action within the prescribed
time period set forth in the notice, the Department may terminate the Agreement as provided for
in Paragraph 6.a.(1), including its obligation to reimburse any monies expended for the Project
except for those portions of the Project already completed by the City and accepted by the
Department.
d. Upon certification of completion by Landscape Official acting on behalf of the City, and
subsequent inspection and acceptance of the Project in writing by the Department's Landscape
Architect, the Project shall be subject to a ninety calendar day establishment period.
3. BILLING and PAYMENT
a. Upon completion of the ninety-calendar day establishment period and final acceptance of
the Project by the Department, the City shall, within one hundred eighty calendar days, furnish
the Department with three signed originals of its final and complete billing of all eligible costs
incurred in connection with the Project. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The
invoice shall show the description and site of the Project; the date on which the first work was
performed or the date on which the earliest billed expense was incurred; the date on which the
last work was performed or the last item of billed expense was incurred; and the location where
records and accounts billed can be audited.
b. The Department shall reimburse the City in an amount not to exceed $240,000 Dollars
and No Cents for all eligible expenditures for the professional design, purchase and installation
of Project improvements as identified in Exhibit "B". Reimbursement for design expenditures
shall not exceed ten percent of the total reimbursement amount. The Department's obligation to
reimburse the City shall be subject to: (1) legislative approval of the Department's appropriation
request for the work program year in which the Project is scheduled to be committed; (2) the
City's installation of the Project in accordance with the approved documents; and (3) Department
acceptance of the Project after the ninety calendar day establishment period.
c. A Vendor Ombudsman has been established within the Department of Banking and
Finance. The duties of this individual include acting as an advocate for contractors/vendors who
may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
1-800-843-3792. The interest penalty for delay in payment shall be in accordance with Section
3of9
215.422(3)(b), Florida Statutes. Records of costs incurred under terms of this Agreement shall be
maintained and made available upon request to the Department at any time during the period of
this Agreement and for three years after final payment is made. Copies of these documents and
records shall be furnished to the Department upon request Records of costs incurred include the
City's general accounting records, together with supporting documents and records, of the City
and all subcontractors performing work on the Project, and all other records of the City and
subcontractors considered as necessary by the Department for a proper audit of costs.
d. The parties recognize and accept the funding restrictions as set forth in Section
339. 135(6)(a), Florida Statutes, which may affect the Department's obligations hereunder:
The Department during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for the expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid on
such contract The Department shall require a statement from the comptroller of the Department
that funds are available prior to entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of contracts for a period exceeding one
year, but any contract so made shall be executory only for the value ofthe services to be rendered
or agreed to be paid for in the succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for any amount in excess of $25,000 and
which have a term for a period of more than one year.
e. The Department recognizes that the City must comply with Section 166.241, Florida
Statutes. This Agreement shall not be construed to modify, in any way, the City's obligations
under those statutes.
4. AUDITS
Section 216.3491, Florida Single Audit Act, requires recipients of federal and state funds to have
audits done annually using the following criteria.
a. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name ofthe awarding federal agency.
(1) In the event that a 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 United States Office of Management and Budget (OMB) Circular A-
133.
(2) If a recipient expends less than $300,000 in Federal awards during its fiscal year,
an audit conducted in accordance with the OMB Circular A-133 is not required. If a
recipient expends less than $300,000 in Federal awards during its fiscal year and elects to
have an audit conducted in accordance with OMB Circular A-133, the cost of the audit
must be paid from non-federal funds.
40f9
b. State awards will be identified using the Catalog of State Financial Assistance (CSF A)
title and number, award number and year, and name of the awarding state agency.
(1) In the event that a recipient expends $300,000 or more in State awards during its
fiscal year, the recipient must have a state single or program specific audit conducted in
accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the
Auditor General.
(2) If a recipient expends less than $300,000 in State awards during its fiscal year, an
audit conducted in accordance with Section 216.3491 Florida Statutes, and Chapter
10.600, Rules of the Auditor General is not required. If a recipient expends less than
$300,00 in State awards during its fiscal year and elects to have an audit conducted in
accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the
Auditor General, the const of the audit must be paid from non-state funds.
c. Reporting Packages and management letters generated from audits conducted in
accordance with OMB Circular A-133 and/or Financial Reporting Packages generated in
accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor
General, shall be submitted to the awarding FDOT office by the recipient within 30 days of
receiving it. The afore mentioned items are to be received by the appropriate FDOT office no
later than 9 months after the end of the recipient's fiscal year.
d. The recipient shall follow up and take corrective action on findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of
the audit findings is required. Current year audit findings require corrective action and status of
finding.
e. Project records shall be retained and available for at least 3 years from the date the audit
report is issued. Records related to unresolved audit findings, appeals, or litigation shall be
retained until the action is completed or the dispute is resolved. Access to project records and
audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General.
f. The recipient shall submit required documentation as follows:
(1) A reporting Package and Data Collection Form for each audit conducted in
accordance with OMB Circular A-133 shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
(2) A Financial Reporting Package of audits conducted in accordance with Section
216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be
sent to:
State of Florida Auditor General
50f9
Room 401, Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
5. MAINTENANCE
a. At such time as the Department issues a Notice to Proceed with Project installation and
until such time as the Project is removed pursuant to Paragraph 6, the City shall maintain the
Project in a reasonable manner and with due care in accordance with Project standards.
Specifically, the City agrees to perform the following responsibilities:
(1) removal oflitter from all landscaped areas of the Project Highway;
(2) watering and fertilization of all plants;
(3) mulching of all plants beds;
(4) keeping plants as free as practicable from disease and harmful insects;
(5) weeding the Project premises routinely;
(6) mowing and/or cutting grass within the landscaped areas;
(7) pruning all plants, specifically removing of all dead or diseased parts of plants
and pruning of all parts of plants that present a visible hazard to those using the
roadway;
(8) replacement, or at the City's option, removal of all dead or diseased plants or
other parts of the Project that have fallen below Project standards. All
replacements shall be of substantially the same grade, size and specification as
originally provided for in the plans and specifications, unless otherwise
authorized by the Department; and
(9) routine maintenance as prescribed by the manufacturer of any Project irrigation
system.
b. 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 be not in conformance with the applicable Project standards,
the Department may terminate the agreement in accordance with paragraph 6.a(1).
c. The Department's Local Maintenance Office shall be notified forty-eight hours in
advance of commencing any scheduled maintenance activities. Emergency repairs shall be
performed without delay and the Maintenance Office notified immediately. The Local
Maintenance Engineer with responsibility for the roadway within this Project is Mr. Brian
Bennett, P.E., located at 5211 Ulmerton Rd., Clearwater, Florida, telephone number (727) 570-
5101. Prior to any major Project reconstruction or replacement activity, the City is to notify all
the utilities of their work schedule, so that any affected utilities can be field located and marked
to avoid damage.
d. If the City 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 City shall have Maintenance of Traffic certified
60f9
personnel supervise the set up and operation of such Maintenance of Traffic devices at the site of
the maintenance activity.
e. The Department will require the City to cease maintenance operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part of the
City or representatives of the City violate the conditions or intent of this agreement as
determined by the Department.
6. TERMINATION
a. The Agreement may also be terminated under anyone of the following conditions:
(1) By the Department if the City, following fifteen calendar day's written notice,
fails to perform its duties under this agreement; or if the City refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the City in conjunction with this
Agreement.
(2) By the City following sixty calendar day's written notice.
(3) By the Department following sixty calendar day's notice.
b. Within 60 days following a notice to terminate pursuant to 6.a.(1) or 6.a.(2), if the
Department requests, the City 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 6.a. (3), the Department may
complete, remove, relocate or adjust the Project as it deems best.
c. It is understood between the parties hereto that any or all of the project may be removed,
relocated, or adjusted at any time in the future as determined to be necessary by the Department
in order that the adjacent state road be widened, altered, or, otherwise, change to meet with the
future criteria or planning of the Department. The City shall be given notice regarding such
removal, relocation, or adjustment and shall be allowed sixty days to remove the affected part of
the Project at its own cost. The City will own that part of the Project it removes. After the sixty
day removal period, the Department then may remove, relocate, or adjust the Project as it deems
best. Wherever the City removes any or the entire Project pursuant to this agreement, the City
shall restore the surface of the affected portion of the Project premises to the same safe condition
as it was before installation of such landscaping pursuant to the agreement. The restoration shall
include grading and filling holes and indentations caused by the aforesaid removal, as well as
any seeding or sodding necessary to provide a grassed area.
7. INDEMNITIES
a. To the extent provided by law, the City shall indemnify, defend, and hold harmless the
Department and all of its officers, agents and employees from any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the City, it agents,
or employees, during the performance of the Agreement, except that neither the City, its agents,
or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or
70f9
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.
b. When either party receives notice of a claim for damages that may have been caused by
the other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim, and report
its findings to each other within fourteen (14) working days and jointly discuss options in
defending the claim. A party's failure to promptly notify the other of a claim will not act as a
waiver of any right herein.
8. GENERAL
a. The Department's District Secretary or his designee 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.
b. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
c. 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. This Agreement may
not be assigned or transferred by the City in whole or in part without written consent of the
Department.
d. If any provision of the Agreement is held invalid, the remainder of this Agreement shall
not be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
e. This Agreement, regardless of where executed, shall be governed by and construed
according to the Laws of the State of Florida.
80f9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
THE CITY OF CLEARWATER
a municipal corporation of
the State of Florida
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
William B. Home, II
City Manager
Kenneth A. Hartmann, P.E.
District Secretary, District Seven
Countersigned:
Frank V. Hibbard
Mayor
Attest:
City Clerk (SEAL)
Attest:
Executive Secretary (SEAL)
As to form:
As to form:
Assistant City Attorney
Office ofthe General Counsel, District 7
90f9
J
1
2
3
City Council
ffi,,_~S,end%!,~,,~OV~ Memoral:!'~!!R!!!"'~ffl_"
Trackinq Number: 1,073
Actual Date: 01/20/2005
Subject / Recommendation:
Appoint four members to the Library Advisory Board with the term expiring on January 31,
2009.
Summary:
C.~LS -- I
\ ;;) . C,
City Council
_=,"~gen~,!""fov~,!:=~,~,!"ora nd u"~,,,,..~_*==""""""_"'m.
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: John Szabo - Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON:
MEETING DATES: 3rd Fri., 10:30 am
PLACE: Library Conference Room
APPTS. NEEDED: 4
DATE APPTS TO BE MADE: 1/20/2005
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Judy Melges - 333 Midway Island, 33767 - Original Appointment 11/7/1996
Interest in Reappointment: NO (Ended 2nd Term on 10/31/04)
2. Howard Adler - 3021 Countryside Blvd. #A-45, 33761 - Original Appointment 2/6/1997
Deceased
3. Glenn Garte - 1520 Gulf Blvd., #706, Ultimar I, 33767 - Original Appointment 2/6/1997
Interest in Reappointment: NO (Ending 2nd Term on 1/31/05)
4. Frederick Dunn - 1881 N. Hercules Ave., #1302, 33765 - Original Appointment 1/18/2001
Interest in Reappointment: YES (Ending 1st Term on 1/31/05)
o Absences (2004)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Elizabeth Drayer - 3175 Hyde Park Dr., 33761 - Homemaker/Attorney
2. Marilyn D. Garte - 1520 Gulf Blvd., #706, 33767 - Retired Middle School Teacher
3. Clorinda T. Gilreath - 1709 Sunset Dr.( 33755 - Retired
4. Michele F. Krentzman - 505 N. Glenwood Ave., 33755 - C.P.A.
5. Phyllis Phillips - 1456 Monte Carlo Dr., 33764 - Realtor
Zip codes of current members on board:
1 at 33759
1 at 33764
1 at 33765
2 at 33767
Oriqinatinq: Official Rec and Legislative Svc
City Council
_,,~Jlend! COV~!",~~mora nd "!,111__""",_,,,,,,,,,,
Section Consent Agenda
Category: Other
Number of Hard Cooies attached: 0
Public Hearinq: No
Financial Information:
~ Other
Review Aooroval
Cvndie Goudeau
01-07-2005 08:01:17
"\
~", ORLS - \
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ' rP. E Z) € ,R Ie I~
PV;tl~
Home Address:
/1>1"/ AJ.#c-R.C!'fYLE5 ~~t?:L
" 3 -!S '"'?"<6.s=-
C C./E'A(2L.t./4 -r€ A Ft- Zip' //.12 Y
Telephone: 7;l7. qt:/t;. . 7' ~"9 Telephone:
How long a resident of Clearwater? o? 9" t/ ~ R 5
Occupation~r: .b&;.~ r C?~A.l5. Employer:"-
Field of Education: Other Work Experience:
2? e)., -/A;JOU~/AL ~AJtWl't;, . J!///l- ;o/sr4/B~T/P~-"';~ ~/C~
~ CO~~
~G~ C~DuA"7?!:: ?lo!S
~r,h~Sl3
Ifretired,.formeroccupation: ~#,jl/4-~rUEAJr ~tz}5vt,rAN r
Community Activities: ~GC / AL IV -r'6>Z..6-5.r C::~Oo'-? LJF AJ)€/!.. ~ -r~~.P/1
~ Ay c7t:!/t14 Puree: Sc:::>c / 6TS..-7.
Office Address:
Zio
Other Interests: C~A#PUTBd.S
Board Service (current and past):
L/84..4/2. r' Bo~/2-D rtf'- t?~
Board Preference:
"G/8~RY ~C7.4~P
Additional Comments:
Si9l1(!ll:6=f~~
Date: . / /' /r ~'f?
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 ~'l.q~\~ltall, 2nd
Floor, 112 S. Osceola Avenue p, }. '..J :J "
NO\ll 9 1999
\ ll..d 0\ - \4.ct.r c"j \ \s.+ C\ \S" 0 '\",-krt<'; -kd t n OT
/ C\TV CUShK DE~ .
," ' ~r+4.r lo~ (-elfl-kr 6oC{ rd
Q(Jp1- Ll a ll(~~( ~tJ/ ~,9t'" Kb.IS+,,_, 1(3/ 05' ==: I s~
BOARD QUESTIONNAIRE
Applicant's Name:- +-72 G pe ~ I'C;,A:::. .l) (,/ AJ,V
Name of Board Applying For: ~ /l:3R~7<C/ -z3 t?.4,E D
1. What is your understanding of the board's duties and responsibilities?
7:0 ~Z/V/6E -rde c:!'/7 r ~t?~~ /.>;;/ClA/
~~ .#A7FG~$ ~h/'/C:;H ~FFec;r rHE
"'<"'/'8 RA;:<~ A-VD rc> A-55/~r -nrc= ~/8Rt4P/u
7JIAtECTO/L ,,16 6#'E~6-6-"F/~T
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Yea<)
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
/ r:fB/.2.veD ~A.J T#c A-/8~t4RY :RotPRD
FCJ4,. 6'"/ X YE'AZ2G (/~~ frJ /?'9g)
4. Why do you want to serve on this Board?
/ A~ //sfi. V ~VCH /A..J'/~8f?Tc.D /AJ
73107"# r# c:- ??";/U P //06 <I t::f? ~BZ/f;77CJA..J
t:?F rHe;- ~/"B7?A~Y /AJ 73CJ"77/ THE=" 6#CJ;2T
~ A.L7AJ~ TB4~.
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDi~ ,::::::.::;: u",.:j)
(must be Clearwater resident) 0 EC 22 2004
Name: PI; 'L c{ ~ '7) n.. :r- r
Home Address:
1''7$''~f' P~{~'J)r
}Ji. ' ~r; PL ZiD 3~'7 ~ J
Telephone: '111 - %0 Y Lf
How long a resident of Clearwater? I '-/ f C1 ~
Occupation: )'\f)M~M6-Ur)O-).Jorl\~'1 . Employer: ~J.P
Field of Education: Other Work Experience: ,
L-()w @UA-k- W~J,'(1.J,n ~A~ ,.kd s).Jw 0tv1Il)r\~1
Lv.. ,~" ,J{ tJ ~~ ~ 4w f ....)<. r {7 tolr ";,.,, ~ ~ ^ C. o..J -- dl ~f> r,., ey
j]) It:{ rJ!). (I~ a ~h.) Co r n. '- ~ Ci,f::Jor(\<'t
.v'l J. I. _ (', (i,b. J._ l~ k.A\rl,
If retired, fanner occupation: r 1< t<<.A.+rl"'O^ "{ .1.. '-"'6<"""" f'\
Community Activities: f'1 A- (&"Jl-'- M-; f...."JU. ^eJ! 1..,rc~A-J.JN,.) ,;' C",""Lf,A.C l,l><- ~~
III . . e.- c e.. ' l/l'\.. t. eJ IVL p~ 171".,
Other Interests: fYJ'A c".e, (pla.-'-'rf'lo.~t1 €f ~J..t.) ~~rc>.t'
Board Service (current and past): Board Preference: -ftIIe.
L- f b ,,,' ,q 60 (} r-ct
I.~ J.. "i /' -J...- t7-,
{'C/Yl/)'\(-l1,'Tj n ~ver-..fWL,.e-~1 uJo.lZ^-
{,11,/'11'O,'l,r..(I~1 (At'I.A.....I)rj &~'l1:...,
... ., ._' .', I I;" _.....r...:~ ~.
Office Address:
, -, "';:'. I ..: r;;F~')'~
Zip
Telephone:
Additional Comments:
Signed: fJ!r~ ''3 r"'J~
Date: J 'z..--l i f..i! I' 0 L/
I- I
See attached list for boards that require financial disclosure at time of appointment. Please retum this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 337584748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.,-~ I ~ 4. ,"" d ,-<r11:.^"-'':'''J ~+,.1,,- ho.. r ..l
. ~./t i.~e!:> ,/!J..-f- l,b :J ..- c~(n:c~r 0 i\ a /I 1')'- ,--..J;.k I:J {I +-
I <' b ro.. rq "-.olm 1/"\ lY/ v-~o "". .
I
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
\.1A. ~ .
I
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
,. yo(\l''\. (}... '^-^ I
~t'\cl
~ '\.{') d ) ) '1: ha.lf-<"" <..1. I oJ- 4..!- -l-L r-< q P~,( 'e 'l.5
Il Lei- l r ~ ""0 "~I ~~ 1I"''''(!'T ,-d- }l )) (-an (~ . '1 (j. ,'''''," CL.
r(Jt.4 ItA. r r(~ Yb I~ ~ '* -1J,-r .Lc.CA. (w",.l.t,. s ~ s, b I
4. Why do you want to serve on this Board?
.
...-.-'
~ Ud A-I-. Jb J. 6- ~ e... CU\ ~ c;-fl ~ . F ("-/- I ;.... (J erlj
Cl...P( 6-; v"" t, (c. /\ (1 ho. y-t..-. a f 'l r~~ C t..< \ t( r 1/\ ..Je r~
1;'\'" ./fk.. ',It brA. ^J · -::. Jov~ h~lJ 4 0" ,l Q^J J
~r i"'lll'^~;' (Y\i:., , {n '.4J- ,. hr<s, r:J
Name: ell f;.,,:1,~()n..J^:~
Board Name: 1., b r a~ 6~ 'l: rrJ....
RECEIVED
Name: /J1 At'< / "-)I II) :J), GA R TiS..
Home Address:
/~).... ~ G-I//...F 8L.VP #7()(Q
~ L ~,2WA rea.. ZiD '33767
Telephone:C 71.. 7) ~7 Is? if';; 55"
How long a resident of Clearwater? ~ YP...:S
Occupation: 1i'J/j)j)LG SO/tN/I... '7""E'A CI-i-f(L (jL.Ef.)Employer:_ L"vVVf/N
.._ . ~._.._ ~ ". -:-.._._ _ . . _." ._ _'-'__~' -__." ," ,"_ _-.~ .~-.n. - ~.-_ .-'.."
Field of Education: Other Work Experience:
(3 -4 . IA) t.J) i/CATfj) AJ
JUL 12 2004
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Office Address:
/VA
ZiD
Telephone:
c. rv 5 (~Hp"L'>' ,
" I
VA..
If retired, former occupation: MIUPCE !:e""f1~t- 7C.ACNc-1t.. ("2-7 Y(1-S)
Community Activities: cO-vJ)o tEVe~5 (ptJ-;tj)I.vA7tJP-', lv,/z'/c.F.D tVl-t"hJ)) 0(//2.-
~
C-dM/I1. VAl 't" r:;/I/')_ ;'~E./l/HIES. ~b/(. hl/,p.I...4~"r PM:r-c U; AMP ,NEw Ul!/c'Atf'I F"(/;V.iJS',
Other Interests: i? ~ A /J 1/'/ ("f'-) /V1 (J SI c..
)
Board Service (current and past):
I.. Pl///OVN ~(h/Nr;Y LII3(t...AI>-Y
,,4 "P VIS rt/)_ Y !3 (I ~ R.7> Y,A.
/"
LINE ,lYJ.NC oJ 6-
Board Preference:
LI<3P-A R-Y
. 1fi:..A V8' l-.
,
za..,,;.A R. iJ
S7'E'~UA/6, YA. L-II3M ~y API/'. DJ).
.
Additional Comments: -z: /-/,<;'/6 SV7J~,,/L~]) _~Nj)
, A A/~<~ M ~ P:;1-'C-r1 Vo --- /'.)O-TMNS-~ -,"
Signed:/YJ~j} ~
IY~~>?? ,~TCy t.. !.~ .t?--A tL / r; S
. . -. -'--.- -"..'
f},d1- () J tJ,Jj
Date:{/' -7 .
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue. '
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-rr) GIVe ADrlll!..~ -rtJ ~lEAI2i.VA,C:1l ~~/UfJ R:fLA7!Nr
'7'0 ~ (,gM~Y o~F/2-tJTIIN.s ,A/vP Pt/l-Ic-Y. TlJ .R.--GPkF"SE-NT
/N/'E(LGC;75 ,,tJNP OPINIONS OF C--17/Z6/VS tA"nrH tVN'~/J+.
L ~A v~ c.LJNrfiCr
. 2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
-y 65, r (/"A/ZJ~fI_ S-ri4 Ai./) 7'11 E IAI~rJ.-Ir..M)~S' 01= '1f/E (30!Jp.JJ
;AAltF) -r.>-' /v1AjZ~-'Vf/:-" ---,--- __C"
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
1. .i/A 1/6 B ~ /1/..., F i/L L -Tr/Y', E ~~ r HE P. FeN?.. 2.? ?"/(~>,
A A/P H~ l/'fS c A/ G"fIN,t5n..e A V.AIU'.r;. 7/ ~F IS $Vc S (C,.-€jvt!lA I. CV .
Me-AT-eb 7// ~f7.,ql)I.AJ~ A.A/iJ 1.I-:o/'M,e),' l/S€.
fro t/ , AM A
, r
6" ,IJ-,,&A r v<:: &fL, '..z A l <;; lJ ~.e I /Ii (J. i6.P (1 I ('~ s:- fe) Ii C /1'J E M i/ IV j)
fJ.r:rrl2LJA) >- .
'4. Why do you want to serve on this Board?
-r1-lG" ~/t:t.j) 0;:: //,1r't7/L./YiAT/d^' :Ji1S'5-17M).lVATIPI\J IS 6xI'AP{))N/r'
~A I'I/)Ly :A,A/V /11 t'-C 7/./V If- .,-H/S (IYAtt.,fiA/(;..E / s cS$'FAlT//iL-.
,ro_ S-G/l.VJ/IIf.; '7JJE~, t!:(E15/)S,~Li'Ta.d/l!$ .:6GE"GCr/v6'-Y ,,,,------ .'
Name:,/7h~,:Jp~
Board Name: (L E t91! WA 7Efl- L I <:::!.t...<Q/ZY ..t;:yDV/ fd 0/ ~,ClleJ).
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
, (must be Clearwater resident)
G ; L fLE A T Ii
Home Address: Office Address:
~J 0 ~ SLL/1)~ET Df(
C L f'n fLtJ~ fL Zip 331 .s-i......
Telephone: )-/4 (; 71 q "2-' Telephone:
How long a resident of Clearwater? N'4 f .; v (~
Occupation:~ .~ Q... e \:)
Field of Education:
...
Name:
/t, . '
L 1-0 ((. I rJ D A
-(
Zip
f{ ~ (2..-1"1 J IV 1i-,/l.I") ,-
tew .' , ,IU' f4.- ~
it,) ifill) -~{; L(rh /J H TC~_ ;?;;. ~.t. Y/LLt:;-
Employer: 1~ ,<: \^ \)..- A tLA- l rJ )'(1
Other Work Experience:
\\ a '"' JJ ~ Pr.n~ \~e. I ifA,(~ ~
~ 'J~ ,o~ ~( ~ 0 J.....a91\ ~ I .J1-d 11/\.14 ,'(lV'"
~j,\'__ -- Lu.~~/V ~ <;.. r .
If retired, former occupation:
Community Activities:~ku..Lf rlLur ~A'l - A1.QJ~ p.fu.u..v' ~iJ~
~. p~ ~ ~lH~O-LIL~ : '1" ,~~~lL. ) (tv. f-il.uAAA7 - H.{)~ ~
Otherlnterests:~rL~ - 1IJ.J ,", ~~ ~JVVr- ~~ l'~
Board Service (current and past): Board Preference:
~L'1~.tA'."J PAl/J.J^if-d~~' CD .1uk4 ~ C L-\j3) .
(.1.). t^.d"'i.~ ~. ~e. (( A.J3 \,
Additional Comments:
Signed: 'Ch~ ~. ttL~-e,-"
Date:
1(0\( q~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
\/~ lol- ~p ON L~8
(3)15~1- ~f..oVJ f?M
101 ~ /0 I - u..vt ~~ Coy\-+i vH.\..R.cl
i/lS-OJ- NP~.eA6
~EC,EIVED
APR 091999
~~ ~ 6:i[V CLfl~K DEPT.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\~~lf~ 1 ~~ lV.cd') ~h l-e) ~-
~ .fA .llf:;,r-:. Ll ~ (j\A>> ~.tA) l~ rL,. ~ A L~AA-I c~
11 , u O-'~A- t:PL.1 -L~ J~l.v...-- LUJ.~ ~
--::Xl - 'Jl )'
.. - ('
~~I"I .IV'VI h L ~^' )
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~~ '- .~~ ~1L)
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~ /~ ~ ~ l;~ .~ rJ.UR.. ~OLU ~ff aM-t.~'IAJ
["loLl J ( CV:J ,~ 0 .e u--?".I.M. ~ b ."~ 1""1.1-1... l, ~ ~~UL
tl-~ u) ~ .,j 14..l....! rk ~ :i:C~
~ \;.A.a....,Lo. 0,,_ ~' ,,+; ,j ~ 0. ~L~J i':-~~
~ AJ.-t-l.l .
4. Why do you want to serve on this Board?
N. ..7bt. ~ ..J.J . iJ J.I __L (".I ~~ ~( [J~
P A~ ()~ ~ ~ .~ .L~^J
\ ~~~~ ~J:~' :::;':::2 ~~~
~"
Name: ~j ~ Board Name:
,(i~t
c~--lu~
(J.I..I.~
d
-e.)JA~~P....
-~
:'" ~;r ~) '(1
. ~,I,.)EIVEn
. -. .'---.
APR 0:; 1999
GfTV (;,: r..: ::::~ I~ C~ '"
,....-1 .r" c.JK:.~r.
RECEIVED
NOV 2 4 2004
CITY OF CLEARWATER - APPLICATION FOR ADVISORY;B~lL\~RDS AND
, (must be Clearwater resident) i.i.';;;;:".:',TM: SRVCS DEPT
Home Address:
5()tr;tJ. Glenwoocl 4v...t
C/.ear~+er F L Zip 33 7~-"S-
Telephone: 1-a...l - t./:L/ 7 - 47J.. S.-'
How long a resident of Clearwater? 4D ~ rs .
Occupation: C. p. IJ.. Employer: S elf - ..t2 rn f 10 1 ~~
Field of Education:, ~OtherWork Experience:
'BA, U (11\), F-I {p;,aj 0(' ~1\Jv
F-GJLJ lutt ~ 01 'A ~ Q.(LDu. Y1-t; ~
~/us sHY ~ f (o.LI lA ~F)
If retired, former occup~tion: IUIIJ-
Community Activities: f lH'VVl-Q r 6ca rd ok VI (pc+tl r rYl'Pfhb-e V' L-ecsve
Ok 10om.e,VI U6+e.rs) ~l:lC-.et\.+ t}-erd-^j: fQr~).YfVlcl'J ~6Wlr1lii+ees
Other Interests: P I a () 0 M a. 14 C b eJ ,'h/1e r)) J." eA-rt'\ I ~ c::; f2Zn I~ h
Board Service (current and past): Board Preference:
L vJ V f-bD II -e- ') L I P,tlIHZ\{ A})U \SoRY
nl)t'!-f' () Ur{(R\.T ~lJ
,
Name: If) ,'Chef*, F Krei'/ 12 nJ41V
Office Address:
100/ P/f}~/IaS' Sf
t1(ear~ FL Zip
Telephone: 7d.. 7 - 'I- Vb - S~ '8"
Additional Com~ents: J) (lPl'~~ ,~ ~~ t!j?1J ...I....ya-rvt D/NA ~k
;fJ..fll~ ,,1ALTh 7PM I~ ~ ~
Signed:~=J ~
Date: Il~O~
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
./) 1:Ju.~ ik ~~ .~ ,~.~~ ~ :!J'~Aa~
~~ ~ /~ _J~~--vuvI,
~ ':k (UUr1AJ.1f;;; ~ 1 ~
'/;I:::::f ~ . .aa..~ t2a- ~ ~
/I. ~ '. ~
2. ~ve you ever observed a oard meeting ~ C~, the
City's TV station?
Ne>
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
.~ .J 'f/)~d;~ fwm fA 'i ~ ~ () ~ ~ mu...-
~ ~ U&:~ ~': 7~~::::: <hYf
7~'~ ~r::~'~;l~
4, Why do you want to serve on this Board? ~ ~ .
J ~/ICf U-- ~ d)1 ~ ~ h- (7~;(Jz
# ,
-p /P{} ~ (JhtjJ,~ ../~LfU ;t:M tip
~~~,
Name:_rh i che ({2 F. Kre.n1"Z..fVl~"'-'
Board Name: J.,.. \ b ro.V'l1 Mll l SO(i
RECEIVED
NOV 15 2004
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~S'AL'IR!(:;O;;OS AUt,
Name: ~ ~\ :0 ~ \.~m: be Clearwater resident) " 'SlATI J" SO' 'r:~ 11["-
Home Address: _, .~ ~ Office Address:
l~b~ O\&~ C-c....'""J'\~ ~.
LiJoe;C";lJ~~ ZiP~~1Li
Telephone: 5~l- 5 ~-r3
How long a reMt of Clearwater?
Occupation: ~~~
Field of Education:
~)9~~..~ ~
Zip
~t $r hi
{
Telephone:
leD Lf{c,r..-tr- . ~ ~ . r
Employer. ~ J:\,... kCl i::h..,r~
Othe~ Exp~ience:
~'O
If retired, former occupation:
Communi~ Activities:
Other Interests:
rd Service (current an~
-
Board Preference:
Lbt~6
Additional Comments:
Signed:~~'-
Date: 0~,
~\ RJ .:=1~t.
/
See attached list for boards that require financial disdosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department. P. O.
Box 4748, Clearwater, FL 33758-4748. or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~~D ~?~-\-'6
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
. ~o
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
Q...
\ ~h....\
UI.~.z.~
CL\\
~~:d
4. Why do you want to serve on this Board?
--L -
l II ":>l'L~
~~v-\)
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
G ; L fLE A T Ii
Home Address: Office Address:
~I 0 ~ S LL ,~1 ~ 6 T D IC
t L ffn fl_t,l'~ fl... Zip ~ 31 S~~......
Telephone: ;./4 (; 71 q "'2-' Telephone:
How long a resident of Clearwater? N'{, 1- .; v (-:
Occupation:~ .~ Q.- e \)
Field of Education:
....
Name:
,.1. . .
L- Lo K. I rJ D J\
-r
Zio
(( Of2.-r(.J W /i-,(2" J-
tC2:w .' . ,/li ~,.~ ,- ~
' c~ ~ .
Ld t1I2JJ -i?Jt; L(J'h d /I T - ~.t. YJLLt::.-
Employer: T:?~ \<: (^ \ ~- A tLf+ l rJ '1" (1
Other Work Experience:
\\ Q.JIJJ) An~ ,~e. I it,,(.-:l -'
~ LLt iO.. _( ~ 0 l.~"'~' tL 111.~ "IY
\t.<.J,\'.... -- UJ. ~~.N ~ ~ r .
If retired, former occupation:
Community Activities:~~ f1tu; ~^'1 - ~ hNu P.fu.u# ~ awJ;::iiJ~
~, r~ ~ ~lJ~~O/JJ:;;;..,.. : 'i ,1fIJ..~~ ) (~ i--iI,I.UAA7 - J1.1f>A.... ~
Otherlnterests:~rL~ - 1'ltJ ,'1 "'~ '1rrtJ~ ~~ ('~
Board Service (current and past): Board Preference:
~/l~'"\.tA~ ()AlAJ^4.~~' (D .:!u~ ~ C L-\B ) .
~ ~ . \
l2.j. v.AlJ"i,~ ~-^. ~{ (( A.J3 :'
Additional Comments:
Signed: . Ch~ ~. ttL~.,e-
Date:
~/O\( q~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
\J~ IQl- ~p oN Lt8
'3)lsA,- kf..oYJ .t?M .
101 dS ID I - v..vt ~LUJ. (!OV\-+. V\~~cl
; I I.s- 0 J - NP~' e Ad
~RC,EIVED
APR 091999
~ ~ 6~YCLE;~K DEPT.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\~~ifA '1 ~~ l,UJ.::cl'l ~~ /h> ~-
~ LA. .IJC~~ ~ ~ IJU.>> ~LA) 'p rLt .LpA L~ALJ (~
I1l D O~I~A- ~-' ~ Jf~ C.Ul"Ll ~
~ - )'
- - ~
~I"\ .IV'V1 ", L .I/"'K)
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~~ '- .IY"V\~ ~U)
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~ /~ ~ ~ l;L .~ (}.Ui ('30.,--,.) A-rff a-14t~'kJ
~... "t CVJ JLvI-. () tu-"n{N. ~ b<11 ~-L l r ~ ~~<fL
tl-f ., J J:i...J::. ~ I~......J rf,.... ~ ~~
~ \J.A.a.u!~ Ol{. %-11 Jll;+; J J ~ D.. ~L-,^1 ) (/hh~\O.-
~ JU.t ..1.1
4. Why do you want to serve on this Board?
N ...7b!.. ~.......JV . j) ~ L..
. (i~l(z.
c..(-~lu~
~~ rLtlJ~
P ~ n~ tW ~ ,~ .L.~~
\ ~Ti~~(~' ~'::::2 <:~~ Q7
~'
Name: ~1 ~ Board Name:
'Lll.O AA"t~
0'~) /(1 RIVE
' r .. '~".' .~! _. ,I n
- ......'
APR 09 1999
GfTY GL~.~K OEP-r.
(~:) p~ L '3
'ater
City Council
~'_'d,~ge-:!,~~ COY!:,,~.,,~t~,!!!~ra nd um
L) . \ ()
Tracking Number: 1,079
Actual Date: 01/20/2005
Subject / Recommendation:
Appoint one member to represent the Community Development Board with the term expiring on
February 28, 2009.
Summary:
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: board shall include members qualified and experienced in the fields
of architecture, planning, landscape architecture, engineering, construction, planning & land use
law and real estate
MEMBERS: 7 & 1 alternate
CHAIRPERSON: David Gildersleeve
MEETING DATES: 3rd Tues., 2:00 p.m.
PLACE: Council Chambers
APPTS. NEEDED: 1
See Attached List of Applicants for CDB.
Originating: Official Rec and Legislative Svc
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Review Approval
Cvndie Goudeau
01-11-2005
09:43:35
-'-
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Shirley Moran - 1301 Gulf Blvd., #207,33767 - Original Appointment 02/18/1999
Interest in Reappointment: No (Resigned)
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
1. Daniel Dennehy - 1925 Edgewater Drive, 33755 - Motel Owner
(Currently on board as Alternate)
2. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor
(Yes to alternate seat)
3. Norma R. Carlough - 1756 Ashton Abbey Rd, 33755 - Retired/Business Mgt.
(Yes to alternate seat)
4. Elizabeth Drayer - 3175 Hyde Park Dr., 33761 - Homemaker/Attorney
(Yes to alternate seat)
5. Robert P. Fernandez - 301 N. Hillcrest Drive, 33755 - Retired Vice President Operations
(Yes to alternate seat)
6. Melody Figurski - 2975 Eagle Estates Circle West, 33761 - HomemakerNolunteer
(Yes to alternate seat)
7. John F. Freeborn - 301 N. Prescott Ave., 33755 - Attorney
(Yes to alternate seat)
8. Nicholas C. Fritsch - 1310 Gulf Blvd. #8-D, 33767 - Retired (Economics)
(Yes to alternate seat)
9. Rita Garvey - 1550 Ridgewood St., 33755 - Former Mayor
(Yes to alternate seat)
10. Joseph W. Gaynor - 219 Windward Passage, 33767 - Attorney/Developer
(Yes to alternate seat)
11. Aaron D. Greenberg - 142 Bayside Drive, Clearwater Beach, Fl 33767 - Zoning Attorney & Developer
(Yes to alternate seat)
12. Douglas L. Hilkert - 1515 Midnight Pass Way, 33765 - Attorney
(No to alternate seat) - No Board Questionnaire Included with Application
13. William L. Johnson - 479 East Shore Dr., #1, 33767 - Real Estate
(Yes to alternate seat)
14. William P. Kirbas - 34 Bohenia Cir., N., 33767 - past member Parks & Recreation Board/Financial Advisor
(Yes to alternate seat)
15. Bob luna -774 Snug Island, Island Estates, 33767 - Bus. Adm. & Management
(Yes to alternate seat)
16. William J. McCann, PE - 1563 Turner St., 33756 - Professional Engineer & Planner
(Yes to alternate seat)
17. Gerald L. Schauer - 2958 Somersworth Drive, 33761 - Semi-Retired/Banking
Revised 01/07/05
(Yes to alternate seat)
18. Kelly Sutton - 1711 Ashton Abbey Rd., 33755 - Env. Engineer/Consulting
(Yes to alternate seat)
19. Christine Travis -1216 Bermuda St., 33755 - Landscaping/Bachelor in Political Science
(Yes to alternate seat)
Zip codes of current members:
4 at 33755
3 at 33759
Revised 01/07/05
( ,c"
Name:
RECEIVED
DEe 0 2 2003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) OFFICIAL RECORDS AND
" lEGISLATIVE SRVCS DEPT
U A.N\\3'l- \-Jt=NN~\
Home Address:
l41-S"" EO~G'~)ft"reo.-
CU;A:l\w~a
Telephone: 1..1 rb' 4400
How long a resident of Clearwater? 4 ~L<;
Occupation: NO'T~ ()'NNe~
Field of Education:
E:>S ItV t\~\1cc...-rul\,e - N~ YOlk
\ N~\ll\.Ka- or 113'0000~Oc..'t
\l1j9J - '''I9J~
DIL\~
Zip :i~ lSS"
Office Address:
~Me
Zip
Telephone: 44\. 32-~s-
Employer: '3c:1..-~
Other Work Experience:
~ e:;1~ ~ ""'A~~t>M~
Ar--O rJ..~~.flPM~
If retired, former occupation:
Community Activities: CyA\Cl..,,",~ d; 1ctb w""t..-;lOL ~IOI\.) ) Me-Mb5'L ~ ~ C, \o~
CG-\A~bOL o~ 0Jt-'\h~ ,~()\JNO\ii & Ct~~ 4R- P~M:M
Other Interests: ~J{)I\t\..() M~~~ (J~ Y'e tJI~-i\~ ~flRvv r; ~ il.4e" ~~ ~M..\A
Board Service (current and past): Board Preference:
1.ar~ U;A.:rr~_ ~ ON COMM 1f\J1') - c D PJ
CuA, \\... """ ~
Additional Comments:
" ~
Sign~ ~~
'-
Date:
11.l\ ()~
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\L!e CD& IS Q.ec;p(J~lbl.A~ t=oL P..5\)\~ ~ Pri'PQ.ovro-
cJt::. ~u J '2.0N\~~ AM) LAr-...Q l>6e I?SUes ~ ~f"\f='\::. o...eCOf'\ M\J'NO<)
ALe- ~ lrrr I ~ COM PV\A-t.>c..O' ~ C\. )Q.\-~N'i; C2..6<1U\..^'\'\Ot'l....
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station? .
\(~.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
\ ILB L-e\ ~ A 'e1S ~fLee If-....) A/I...U..Jr IlV~l' ILC .AN{) ~
~Q..L...ro FOL ,\ftM~ j<.S Ac..> ~~(,u~, '5\16 M.A,lV~c...~\ ,,~
MAt-.. )~~GiL ~ .tev\:)\.,uPcQ.... \ AM A.\..'SO A LA.ND ~
.
~'0SllVl;;"S<::> c>~-..;L IN::!. IUf: C\'1'T at: CL 15A~,,,,-) Pn",-,{L .
4. Why do you want to serve on this Board?
\ ~EL'fN'\f -ru.,o..;\ Cl.-e'A;t\.~~ IS ON A PKTUt t't:='
~lLoWl\..\ ~ \MrQ.O\MV\~. o~ Q..e""-.. \3:;1~G \ jA\XJ'<:O ~
\ L...>OV\....~ \....\\.t..e '0 LA~~ \:2.~t;",? \\4#T ~!U CL-tJ A 12-
A~ Cot-JS\-S14 vvh\~ ~6 G,o~~ CAt: oUlL CO\4M\l t-J'\'1
Nam~ AN' b').. 'De.--"'''U~
Board Name: C 'D \J:)
L___.______
Name:
RECEIVED
JAN 2 9 ZOO~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO~ RECO
__.__ /Vmus~~Clearwater resident) LEGISLATIVE SRV~S:'~
/ dM Vtf'/4ttl"v/t/
~
AO'Zic ~J;>6/
YJ~ 'I./~/
Home Add.....: ~
?l f/ c2./ v:!v-/ &"c: t;;... '/
(!-//~d~ '. ~))6.s-
Telephone: 7:2) ?/dl 9//3-
How long a resident of Clearwater?
Occupation: ~ -ea I hr- .
Field of Education:
O~"1I- /
. T
W~~~~~.tion:'=;l ~jr:;; :;::; / r"rw~~,
Community Activities: ~ ~,.? J~~ "KA.U1
ol'btfJ' $0 .(~~r'l'1/ J
er Interests:
Boa Service (current and past):
r k tIl- 121./ I'/rI.' ..J;...J ..2 ~ !
Additional Comments:
/!,." h >'-'u[
.J
Board Preference:
?;::!;J/1p~~:zf
p,.~ c .J-I2Cc
~ ./It'~ ..2V7J.:l
Sig~~ .~ - Dele: /"J.&'-:.~f;'
See attached list for boards that requi.. Financial Disclosure at time of appoIntment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
i 10/05/2004 10:28
17277129173
TOM CAlHJUN
PAGE 02
BOARDQUEST~N~RE
your understanding of the board's duties and responsibilities?
-
2. Have you ever observed a board meeting either in person or on C-VIeW, the City's
TV station?
-'. ~ ~ - /1 ~/ '
,.L.~ hh . <~~~ ~,;, ....... f'?/II'JA., L-,~
3. What background and/or qualifications do you have that you feel would qualify you
to seNe on this Board?
~~
/ k.t (7k) adw'
~-""'4'A/~ .tt(?JVrr ~c/$~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
';? ('
K. ~(_O l~ C' IT
11 _ Office Address:
tt6 8E y fj)
CLC:MLUIt-Tf 1< ZiD-33/~~{"
Telephone: 4 <1 _3 \ 3 b:3 0 Telephone:
How long a resid,t of Clearwater? .3"3 Y K ~
Occupation: 1:... k: TIe. f:..b
Field of Education:
BUSll0fS~ 1f1cf
Name: 1J of-. m 14
Home Address:/) _
I 7 C;G l~fi TO;J
RECEIVED
APR 22 2004
OFFICIAL RECORDS AND
LiCISWtV! SRvl,;s DEPT
ZiD
If retired, former occupation:
Community Activities: f .
Other Interests:
Board Service (current and past):
fAf)
Board Preference:
Qb.8
Additional Comments: ! IV rUb T Lb ! AJ IItlc ~/ (/Vc;
L..CJc)K.IIJ~ FDR fYl oKL @ffltJ-Ci, f...-,(; f tCG
Trl It"rJ )'; E ffl3 "0 ... i:f /
j n v .
:~. ~ /
kJ/!.. (])/3 '
o~Jo(€ TV/-)/ ry
Signed:
Date:
l{,;;tl Oy
See attached list for boards that require Financial Disclosure at time of appointment. Please return
this application and board questionnaire to: Official Records & Legislative Services, P. O. Box 4748,
Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor. 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and r~i:~eS? . ^
(0 ~.I\...i}J -Iv A9~.f. . A ~6(~
cu~ ~ .J-L.. C~ L0 CtD..~ VRlLuLJiLUy a-.-
, , -tv ~ ~S:' , l~~~~
2.' Have you ever observed a board meeting either in person or on C-View, the
Cit~tatiOn?
. I-tc. (J'W +- ~ h~ ~, ~ ~IJJL.
LlbJ.cW(U) 0 CD f3 t.1wQ .-fc~r::. (ft.... Q -Ur12. lV,
~ '
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~ _"fin 1-- ~. J~k 10 n. J" I
I .', , ~L) ~ ~( , . ~'-'UJ'C~'jd
~ (it'v . ... "G..,: "p "11'L1l1d-'i
Luc.rJ:.. r s~LY- l~ ~ -- S ~ ;Q~ - G..c:. ) 6~ ilSl'
33~ 'S~~g,~~'=~~\L~r;r;~ ~~t
~+~kJ~ 'tk~ ~ ·
4. Why do you want to serve on this Board?
~" ~~~ "~
c
' ~ "
l {tJ.~C~,
I ,/){) ,_
Name: I\JOKItl r1 F- I \..ftt:!.Lo L(G\ /+
Board Name: Q D B
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDi~ ,:::::;~':;:u,..j)
(must be Clearwater resident) DEe 22 2004
Name: EI;'Lc(~ 7)rayr
Home Address:
~ 1'1 S' /J'1fJ. e, p~ (I::- 22r
)1..k6./I.oA.~r; PL- ZiD 3~~ 14l ,
Telephone: /11 - %0 Y Lf Telephone:
How long a resident of Clearwater? I '-j f ell')
Occupation: A{)IY\~1'1.--ur)Oe).Jorl\~l _ Employer: ~J.P
Field of Education: Other Work Experience: I
{()-w ({2UA-4-v W~h'''\1~r) ~A.,~ l-kd S~ 01111~"~'
~ l~rJ '~' (/ N--h: LAw f ."Ju ~c..L.;" ryy."e,- A..q..rI'JCj
J]) ;Cf r~ _ (1Ala ~h J ()Jr.n. '- Ci~rr\<'-I
. <"" h b'": L_ L T l-
If retired, former occupation: ,k dA~f\ 't (if \on",......,..A) f'\ t'\.Al r
Community Activities: f 'f I}- ( &, LA- ~ fA" IL ^ e/! '1-.,rc~ A..).J ~) ,;' (..L.. hit-" Ivl ><- ~ ~
I ~ . . ~ It.-' l""'- ,l. t:. AJL PI'1' ra~
Other Interests: fYJ'A- ",1 9t!- / 1'\ 1(L'-'_A7lrA~D ~ JAA._Lk.J ~ ~"'rl:>-~
~ I v ~ . ~ .
Board Service (current and past): Board Preference: -ft./Ve
L-, bre,t',rq 616 rll
/ V " "i . .-I- ,/I
{' C/YI/)'\(~11-tj J~ (I vel r'YVl.e'~1 l!JJo aA-,
t..-11'/{I'O,"lP'C ~I 6..t'I.A....I~r:J &,.~
I' .
... "._' ,., I I~.. _...\"I....~~~.
Office Address:
. . .'~':'.' ;: ~'>:~'J'.lJ
ZiD
Additional Comments:
Signed: Ofr~ ~ r"(J~
Date: I 2....) i ~ / I 0 Y
f I
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P.O.
Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.,-~ I ~ 4 . Ld~(lcA~1:^ll/~J ~.+;1,,-,-i)OrA t-A..
. M v1. :fs-e~ ,~ l,b :-"'J .- C.{ln:.c~r iJ i\ a /I I')'\. ct.-1:J.t 1:1 (I i-
I" b '"rG\. r<'1 l\:..d.m 11"\ lY) v~o r\, .
I
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
\.JA ~ .
I
3, What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
,. y'Otv'\.. 0- u.^ I v-L (J. L' '- .'\cl
0.- l~l^r !"C hl"l a 1 ) ~ J-yj..lrC <..'l 10J.- 4,.j -loL r-< fl "",( .(, 'l S
~ L\...\- l r oJ-. ty,o 1"\'-/ ct~ l'f^ t--r I~ J{ :b (-a(( (~ , '1 (j .'V'," 0-,
rUe). 1/.1. r ,..p(~ Vb I" ~ J r1J,-t (llt.(A_ (~.t<.,.. S ~ ,5, k f'Jl I
4. Why do you want to serve on this Board?
.
~.
~ tJd- A-+-' it,) J6- ~ e.. ev'\ ~. c;,..ft ~ . rv- 1'-1- I ;"1 (J (,~
Cl..ff 6-; v-- t." (( /\ cl hCl 'ft-. a f (l /:.A c to{ \ a r l/\ ..Je rrst-
J,r\" A.... , 1, brA. ^J · ~. JoVE!' b~lA k!- 01"- cl QAJ J
~~ r-J.l-"j ji /nt:, , {I'\.4J-- II hr<J- rJ
Name: 15'11 ~~b~()a.J':"-
Board Name: 1., b / a~ 6. '" rr.{,
,:
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISOR~~
(must be Clearwater resident)
OFFlI';II'.l RECO:tDS AND
LEGi:';i.ATiVE SRVCS DEN
Name: Robert P. Fernandez
Home Address:
30 IN. Hillcrest Drive
Clearwater. FL Zip 33755
Telephone: (727) 461-7674
How long a resident of Clearwater? _21 yrs.
Occupation: Retired
Field of Education:
Him School. and courses at Niagara Commun.
College and Bryant & Stratton Business
College
Office Address:
Zip
Telephone:
Employer:
Other Work Experience:
Consultant in establishing community
markets in the state. Worked with
develooers in establishing sites for retail
locations while employed with a maior
corooration before retirement.
If retired, former occupation: Vice President Ooerations. Convenient Food Mart stores
Community Activities: Volunteer Friends of the Library book store: General Manaszer of
Downtown Clearwater Farmer's Market
, Clearwater Main Street Joint Venture active member. Reszularlvattend
state quarterly meetings.
Other Inierest:
Board Service (current and past):
Downtown Development Board current
City Design Review Committee past
Enterorize Zone board current
Jollev Trolley Board Member current
DirectorFI. Assoc. of Community Farmer's
Markets
Board Preference:
Community DeveloDment Board
Additional Comments: Active DarticiDant and event planner in Clearwater community
Signt(jZJOAA.~ Date: d:f';t ~ LJf
See attached list for the boards that require Financial Disclosure at time of appointment. Please
return this application & board questionnaire for each board listed to: City Clerk's Department,
P.O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor. 112 S. Osceola
Avenue
!!"
BOARD QUESTIONAIRE
1. What is your understanding of the board's duties and responsibilities?
Familiarity with development and zoning requests as well as land use plan changes and rezoning.
Also serves as a member of local planninll allencv.
2. Have you ever observed a board meeting either in person or on C- View, the City's TV station?
Yes - C- View and in oerson. .
3. ,What back-ground and/or qualifications do you have that you feel would qualify you to serve on
this Board?
Knowledlle of city and Clearwater's Visions and Values with experience as an executive and
decision-making ability..
4. Why do you want to serve on this Board?
I feel I have the advantage of insight in all city government operations relatimz to important city
develoDment matters. Since I am retired I have the time and dedication and intellrity to serve on this
board. I would not gain personally as I am not involved in any maior real estate. consultant or
development oDportunities. Am very interested in taking part in the planned develoDment to lead
Clearwater into the future and would review each issue before the board with due diligence..
Name: Robert P. Fernandez
Board Name: Community DeveloDment Board
~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) RECEIVED
Name: Melodv Fieurski
OCT 0 5 2004
. Home Address:
Office Address:
~:-:'(:~!\J r.E(:Oi'~DS AND
:.tG,,':""\!:'VE Si'?V'CS DEPT
2975 Eatde Estates Circle West
Clearwater. FL 3761
N.A.
Telephone: 727-797-0087
Telephone:
How long a resident of Clearwater? 23 vears (75-79 & 84-(4)
Occupation: homemakerlvolunteer
Employer: N.A.
Fields of Education:
Other Work Experience:
B.S. in Business Administration
with Dosteradu.te work in education
& real estate courses
Austin Co.. Cleveland. OB
B.F.Goodrich. Akron. OB
3 school systems. includine
Pine))as County & 2 in Ohio
If retired, former occupation: office administration - hirine & recruitine in
Dersonnel -business education teacher
Community Activities: see attached resume - Junior weue. UPARC. American
Cancer Society. Morton PlantIMease. Pinellas Schools. City ofOearwater. church.
ete.
Other Interests: eolf. tennis. sDectator SDOrts (eso. football). architecture. bridee
Board Service (current and past):
Charter Review/2003- Vice Chair
'(currently attendioe Oe.rwater 101
Board Preference:
Community Develooment Board
Additional Comments:
SigDed:4~ ../J J~~"k~ Date: 411-"&~ ?-,,1dd'Y
See attached lis or boards that require financial disclosure at time of appointment.
Please retul'Q tbis application and board questionnaire to tbe Official Records &
Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or
drop off your application at City Ball, 2-d Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
This board reviews and votes on certain development proposals, including review of site
plans, building designs, and whether the proposal meets the standards for approval as set
forth by ordinance. The CDB also hears appeals from staff decisions and makes .
recommendations to the City Council as to rezonings, land use amendments, annexations,
and changes to the Comprehensive Plan and the Community Development Code.
2. Have you ever observed a board meeting either in person or on C- View, the
City's TV station?
Yes, many times.
3, What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
Although I am not a professional in the fields of architecture, engineering, etc., I do have
a huge interest in architectural design and have even designed several residences. I do
feel my background in business will be an asset in decision-making. I can be logical and
fair and can understand the economic benefits/negatives for a particular project. I would
also consider my commitment to making Clearwater the best it can be an important
qualification. This is an extremely powerful and important board. It requires someone
who will judge the merits of each case based on the guidelines set by the Council and the
Comprehensive Plan and on the best solution for the majority of the citizens of
Clearwater.
4. Why do you want to serve on this B08id?
As my resume shows, I have been deeply involved in this community for almost 30
years. Although most of my volunteer work has been in the social services sector,
particularly in the area of fund raising, I thoroughly enjoyed my term on the Charter
Review Committee last year and would like to expand my government service.
Name: Melody W. Figurski
Board Name: Community Development Board
PERSONAL DATA SHEET
Melody Wordsworth Figurski
2975 Eagle Estates Circle West
Clearwater, Florida 33761
727-797-0087
Email: bucsranOO@tampabay.rr.com
Education .
Kent State University. Kent, Ohio - 8.S. in Business Administration, 1965; postgraduate work in
business education, 1967-70.
St. Petersbun! Jr. CollelZe. Clearwater, Florida - Courses in education & real estate, 1976.
Professional F.~rienee
Pinellas Countv School Svstem. Clearwater, FL, 1976-82 - taught Business Eng1ish at Clearwater Adult
Evening High School and an on-site course for the Pinellas Supervisor of Elections office.
Kent State University. Canton, OR, 1972-75 - taught typing & shorthand in community college.
Akron Institute of Medical-Dental Assistants. Akron, OR, 1970-72 - taught typing, shorthand, filing,
and human behavior.
The B.F.Goodrich Company. Akron, OR, 1966-69 - Human Resources - interviewed & tested
clerical and temporary employees and headed up secretarial recruitment program in local high
schools - executive secretarial positions in international, consumer products, and personnel
divisions.
The Austin ComDany. Cleveland Hts., 011, 1965-66 - executive assistant to advertising manager.
Communi" Activities
Junior LealZUe of Clearwater-Dunedin. 1978-present ,- President, Vice President, Recording Secretary,
Membership Development, chainnan of Child Abuse Prevention Project which developed the
Time Out Homes; began Mini Grant program and initiated merger with Dunedin Jooior Service
League and purchase of a League headquarters in downtown Clearwater; sustainer repre-
sentative to active board & Membership Development committee and sustainer Nominating
chaUmao.
UDDer Pinellas Association for Retarded Citizens (upARC), 1979-present - Fooodation Board of
Directors (President; President-Elect; Secretary; and chainnan of Special Events, Donor Society,
By-laws, and Membership committees; Secure the Future Campaign - parent chair); Agencym80ard of Directors (Human Resources. Parent Representative, Tarpon fi1cility, and Elder Care
Homes committees); Advocare Trust founding board.
American Cancer SocietY - Susan Komen Race for the Cure, 2000-02; Cattle Baron's Ball, 200 I; Cancer
Luncheon committee, 1999; Jail & Bail, 1995.
Morton Plant Mease Foundation - Toast to Life committee, 1999; Toast to Life Co-Chair, 2003.
Pinellas County Schools - Chairman of fund raising for Countryside High School's senior party, 1993-
94; Countryside High School Tennis Booster Club treasurer, 1991-94; various School Advisory
Cooocils & PI As in both traditional and special education schools, 1979-94.
Penonal Data Sheet
Melody Wordsworth Flpnki
Page 2
City of Clearwater - Charter Review Committee, 2003, Vice Chairman.
CounlrVside CounlrV Club - member of the club Board ofGovemors, 1997-2000. vice chairman 2000;
club charity tournament, 1988-present (chair 1989, 90, 93. 96, & 200 I); assistant coach for
Florida USTA youth league, 1992 (team won state championship); member of inter-club tennis
leagues, 1986-98 (captained 1990 & 95 teams to county champiooships); two terms as member
of tennis committee; member of athletic facility committee; secretary of ladies' golf committee.
Esoiritu Santo Catholic Church - Parish Growth committee. 1993-94.
Florida District V Human Riallts Advocacv Committee. 1985-87.
Teddy Bear Picnic Board (fund raising ann ofFamilv Service Center's Time Out Homes). 1986.
Festival of Trees (UPARC & HOSDice event) - Premier Night Committee, 2003.
General Teleohone Community Advisory Board, 1986-87.
Ivev's Consumer Board, 1988-89.
Pinel1as Task Force for the Prevention of Child Abuse. 1979-81.
Clearwater Delta Gamma Alwnnae. 1975-present - publicity chainnan, 1987-88; vice president, 80-81.
Awards &; HODOrs
Tamna Bav Bua:aneers Ultimate Fan A~ - 2000; installed in Football Hall of Fame's Hall of Fans in
Canton, Ohio
Marion p, Smith Award. 1999 - awarded by Clearwater Kiwanis for service to the developmentally
delayed.
Mrs. Countrvside. 1997 - awarded by the Clearwater East and Countryside Rotary Clubs.
Countrvside Country Club Magnificent Member Award, 1997.
Leadershio PinelJas. member of 1996-97 class.
Oxford Award of Delta Gamma. 1995. This award is given for community involvement and leadership;
ooly 8 a1wnnae natiooally received the award in 1995.
. 10/.05/2004 15:59 7274643022
PC CCf.1MISSION
PAGE 01/02
.....'.1
':,~,:r.:/-.., - i"Vl 1""0
""';;~',...r::. t: .
CITY OF ClEARWATER.. APPLICATION FOR ADVISORY BOARDS OCT 28 2001,
(must be Clearwater n!Sfdent)
Office Address:
3{,0 -yy}r::?/IJ f2J:'.. 5 H2e=T
-P\AN f!!!' t";:) IN Zio.31/- W ~
Telephone: -1'2.."l - "1 3~ - I ~ (;;7 0
1/~
Employer.' A4~ {;II? AI ~ p(l.E;a f!:Jt7IJAJ P. (4.
Other Work Experience: 1~'L'l. - pr"J.,.... ~
~,4M)~ ~ tJ "'1Vtf1~ -1 ~ 'Is'" - )~ 1.2.
,
~~i ~ ~P1)\J~ -JJ'1c.. - )~CCI... 1'2.~
(:':!:'~:C}A.!.. i~E'''''' ..... ",
Li(:'. :"", '-'OI<D::> tWD-
'. nJL.."1 ' l
py
Name:
Home Addres&:
30 ] f-J. pj2e~c.oTl IlUf;;.
~""~W~TCR Zio'"3'37~
"
Telephone: I ~ '1 - Ll L.{ '2.. - &~ 0 ,
How long II resident of Clurwater? J :3
Occupation: 111T () f4J Eo '(
Field of Education:
!1^Vep..r~ ~ t'!Ou...e(?'"E _ ~
"T'vt.t..A-t.J Go ,) tV ," til-iot:i- 0;= JA"./ - J h
~ lJA//V ~~LOF.L(IJ -L.~
If retired, former occupation:
Community Adivities: i" ~(C"lVT .hv> ~.", h1rAp-y I'J ~ )II eE. 7>11&AJlV~ ~"'~>J
fliVa::. ~ (i&~TBflC... '\ V\~ eLlAl(2. ~fl7rJ^, "phiWT tn~~ l=l>~__
~).I~e~:' 'Ai5ill1.Nt-~J ~yn,.,.J~ ~~
Other Interests: '.
Board Servica (current and past): Board Preference:
t-.J 0 V\.e.. CO rnmwtJ17"'-f 'J:..J:;JIe;t.Ol' Yht!:t./J' 8'eJ ~
014tJ F
Additional CCJmments~
SIgned: q(} L-- rM -
Date: IO~
See attached 5st for boards that require financial disdosure at time of appointmenl Please return
this application and board questionnaire to the Official Records & Legislative ServiCes Department,
P. O. Box 4748. Clearwater. Fl 33758-474&, or drop off your application at City HaU, 2nd Floor, 112
S. Osceola Avenue.
10/05/21304 15:59 7274643022
. .
PC COMMISSION
PAGE 132/132
BOARD QUESTIONNAIRE
1. WhiIt is YOIIr uoder$1anding of th. board's dud.. ..,d responsibillti..?
~~)l.,J.. ~~A (~~P'1h~}O p/~hh~A~d c:Un.I.?PtnorJ-_
rz L l.J'VU ~ (' L' ~ L--l..P ~ So ~ C" r..lJ 0"1 L, ~ "'""" l l~ h. J ~ ~.e j2lPJ ""\
c..lA..n h..q" ~ . (0"1 d n ~?-t pv.tft1" ko4 r/~, QV\..J Jz ~ I r'
, f~Ul..e vD
2. Hllve you ever observed e board rM8ting either In person or on c-View, the
City's TV atation?
~/'Es
3~ Whitt b.clcgrOund and/or qualifications do you hIVe thlt you feel would qualify
you to serve on this Bon?
1 hJ4? t~Yh;ll,~r Wl"f'l- (t'bf~~ts..()/ l~~..V)~)~ ~~^~. I
hPt ~ 4,.4-1 tflf"tA. 0 -"".) CtV).o~ ~ s..,r 7 J,;OI?! r cd I ~ bV1l.-.J),(,;"
[eM A-JlA&Sj ~~I't J. ~<; #l YlAh~ ()& C(~()-r~c. ~c.<) h~
~ """ t,t> ,.,,~ vJI. h.. ~ e, '7 A - J ... ~ f""r-ec~ r--
~k"'le < .o~ ~ t-e'lr:~
4. Why do you want to serve on thl, Board?
_1 ~"'" :2!>"".) ''''~~ ,0: ~ "<'oiL~ 0/ /1...c (!,"7
~ltlJ I/l.Ash}....o ~l.t";\ ~~J.n".h-..~ ~ ft,.".f 411c;7~ .
t v./'{) v./ d. 1..1"", k, J:x ~ 'lIlI'Dt" '"'1 cro l.,...~ h. .......( ~".... ....~~
l~ l k.cX, V-',~ / ~c.....)
Name: ..) E> ~ F'''''=: ~ ET-.'1'bEJ MJ
Board N8IT1e: OO~n"y b SJ/~~'f;?1~J ~Q~~
TOTR.. P. 02
1 '
1'1'-"
err' ,
CITY OF ClEARWATER - APPUCATlON FOR ADVISORY ~OARDS' '.
(must be ClealWater resident)
.,' ;
Name: Nicholas C. Fritsch
Home Address:
1310 Gulf Boulevard unit 8-0
Clearwater. 33767
Telephone: 595-6528
How long a resident of Clearwater? eight vears
Occupation: retired
Field of Education:
Office Address: retired
Telephone: nla
Employer: retired
Other Work Experience:
Pinellas County General Services and
Purchasina
DeDt Head of mechanical trades at a Dharmaceutical research &
Economics
If retired, former occupation:
administration camDUS.
Community Activities: Pinellas County - General Services intern and "Partner in Prooress
Award nominee" 1995. Sand Kev Civic Association - Dast 1st vice-Dresident and treasurer.
Citizens for a Better Clearwater. Bla Brothers and Bla Sisters of Pinellas County 1999-2001.
Paint Your Heart Out Clearwater 2001.2002.
Other Interests:Attendina NASCAR races and tennis
Board Service (current and past): current - Board Preference:
secretarv. Purdue University Club of Tamoa Community DeveloDment Board
Bav Dast - 1st vice-Dresident & treasurer of
Sand Key.Association. Jollev Trolley Board
Additional Comments: I enioy beina active in issues that are imDortant to the City: esoecially
economic develoDment and I resoect the city leaders and staff.
Signed: Date: March 22. 2002
See attached list for boards that require Financial Disclosure at the time of employment
Please return this application and board questionnaire to the City Clerk's Dept.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board receives reauests for variance. rezonina and apceals to the Citv's Land Use Plan and
CommunitY Development Code. It evaluates the apPlicanfs written submission aaainst the
apDlicable sections of the code and or plan. Followina the oral presentation bv staff and the
applicant. the board discusses the retevant fads and issues: ultimately renderina a decision to
recommend to acceDt or deny the apDlicanfs prooosal based on its merits. For flexible
development proposals. it has final authoritv.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Previouslv. I have spoken in support or oDoosition to proposals to the CommunitY Development
Board or its' predecessor on three occasions. Additionallv. I have watched the proceedinas on
several occasions.
3.. What background and/or qualifications do you have that you feel would qualify you to serve on
the board?
I have planned or direded the mechanical maintenance or coordinated the construdion of a variety
of buildinas and on-site utilitv distribution svstems for more than eiaht years. These aualifications
will offer the board some additional insight into the impact of the proposals on the land and city
infrastrudure. In addition. I was the coroorate administrator of the employee sUGaestion plan for
more than 5 years which evaJuated approximatelv 40.000 ideas with annual cash awards of
$300.000 to more than 5750.000 a Year. Judaina and insurina the fairness and eauitv of that
volume of personal ideas with often misperceived value bv the employee is pretty touah evaluation.
Amona those 40.000 ideas onlY one was appealed outside of the routine process and it was upheld
in a private meetina with the chair of the comorate committee. the emplovee and mvself.
4. Why do you want to serve on the board?
Bioaraohical Sketch 1
Nicholas C. Fritsch
Personal:
· Married, wife Jena 23 years
· Son, Allen
· Daughter, Nicole
· Clearwater resident 1993 to present
. 1310 Gulf Boulevard Unit 8.D
. 595-6528
. Email: njonbeach@email.msn.com
Education:
· Butler University -12 graduate credit hours towards Master's Degree
· Purdue University - Bachelor of Science in Economics
Work Experience:
Eli Lilly and Co. (phannaceuticals) 27+ years retired 1993
· Facilities management
. Dept. Head - mechanical trades for research & administration
. Senior project engineer - facilities services
· Materials management
- Dept. Head - warehousing and receiving
. Buyer - purchasing equipment and supplies
Pinellas County 1995-1997
· General Services
- Engineering Specialist I - construction of Criminal Justice Center
and Jail
. Purchasing
. Assistant Director
KePro Inc. (Medicaid contractor) 1994-1995
· Manager, Administrative Services
Military Experience:
· Viet Nam veteran and active duty during Desert Storm
· U.S. Army and Reserves-30 years, retired
· Colonel, Military Intelligence
1 As of March, 2002
Community Service:
· Pinellas County - General Services intern
.Partner in Progress Award nominee" 1995
· Big Brothers and Big Sisters of Pinellas County 1999-2001
· Paint Your Heart Out Clearwater 2001-2002
· Sand Key Civic Association - past 1 It viarpresident and treasurer
and liaison to Barrier Island Government Council (BIG-C)
· Jolley Trolley - past board member 1997
· Purdue University Club of Tampa Bay, secretary
· Professional Placement Network for Pinellas County, past president
Professional associations and experience:
· Past President, VP and Board Member, International Employee
Involvement Association (formerly, the National Association of
Employee Suggestion Systems)
· Reserve Officers Association - Life Member
· Purdue University Alumni Association - Life Member
· Community Association Manager license (inactive)
Hobbies:
· Volunteer service
· .Attending NASCAR races
· Tennis
y' .,
J:,
.t'
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY .~~QF I V E D
(must be Clearwater resident) JUN 20 2001
t rr1l- G IHvIJ e- y
OITY CLERK gEP.~.AtMI!NT
Home Address: Office Address:
l~~ D Ri1J GfW()olJ ST,
(',;LW 1<.... zi0331SS- ZiD
Telephone: 7;) 7 - t/{~ - . ~fcfs- Telephone:
How long a resident of Clearwater? . ',~ ~~
Occupation:---U /()ilj~J- _ Employer: .
JJ~-S . . ~~
r~
If retired, former occup
Community Activities:
~!.
.......
Other Interests:
Board Service (current and past):
L I M l-l~Y I51J 1/1.. f)
Board Preference; ~ M
e~~ :
Additional Comments:
Signed:
Date:J - /9 - () I
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
V'~/oa- w.p ~Jw.t
~
BOARD QUESTIONNAIRE
'r
t
1. What is your understanding of the board's duties and responsibilities?
~ -Ill- ,
I tGo UL
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
-if A - r!Y\. f - VI~..uJ
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? ~,
P~WP~dI-~~
4, Why do you want to serve on this ~ !~
~~^ ~~ 1'1\. . _'
d~\Ivi~
Name:
Board Name:
t/)6
ld30 SJ^~S 3A1lV1S;S31
ONV SO~O:)3C1 i'v'/:)J:J:JO
CITY OF CLEARWATER - APPLICATION FOR ADVISORY B~I IJO
(must be Clearwater resident)
Name: ~,f'Pph W. 6,.4 7 NoR 03AI3:>3C1
Home Address: Office Address:
~'C1' j))JlvdwC{((O. (fJl9ffJW-R ' 304 rntJ~trtJ-t [/
tJ~tll&lWIt PI Zie '3 ?) "7 j)uwd/vV 1::Jj Zie ? (;&('8
Telephone: 7~/-- I.jt;~- ~ Y3Y' . Telephone: 7rJ-) -7:3~- rrJOo
How long a resident of Clearwater? Y ~a 11 r - fL-) ~ L- Jlp fl'f?Cl/~ /3 /~q/Z /
Occupation: A172>t1tA?y ,J j)..rr.J.P/O~11 Employer: ~~ Lb' O:~Jt-d1 I?f!
Field of Education: Other Work Experience:
~ - LClW J2e fbrl/n1~ Q7lb-cl;.ecf,
Ifretired, former occupation:
Community Activities: trGF ~I Uv11~ CJ /bel d.
Other Interests:
Board Service (current and past):
Board Preference:
~mmbIt-J~i)v-/4?m~~~,
Additional Comments: PAnW lw~A.J L?cr:"'-'I /~ /~;'t'J. t<./-f' qJt<i c/.Pwbvnewt--- IZL
aA.d h9()t.(/ Jt!l~ 7hvpVj~fJu, {J4'JC-Rf / /,l.t CkczJt,ua~'-
Signed:
Date:
ItJ //v/oj/
See. att ed list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
RECEIVED
OCT 1 5 2004
OFFICIAL RECORDS AND
lEGISLATIVE SRVCS DEPl
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~ ~~ ~ ~
~~~/~~ :;J ;:;;;;;y ~ LfJP7::S~:::~1iEE: ... ...
. 'fY!Ai;rl/a! t7#d YYl~ jVIZt/ 7J.;f~,;k'cr 2/ a~;;Gcr
plL ht. fhJJq~ e!(~~i ~ tlvaVl1*/I./Jv~ ~ ccdy/ .
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
r k~w (JJ~ J);b#tf/J; k ~ef~/ 4ULl b4~
r .0' V'.-
/VrlidztJ /?dJ/~{ /:F ~)C~;;d4J ,/x-~(1/al.l to(. c?w 7:V
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
~ 4/h~~' ~/VY11~. . r h4U<' k d~Jr~'j/
vva) ~/};;;; rN J' .?J ft.P~f" - _L t:?J?1 a Pdl7tdlev/
I:~[;;/Ze'/\ CfIV j.,~~ ~ 4dt1 ~'?/~ :r1~~
ckti/4~d. -."'w~~ ~ ,"'Uf'l/~ J;' ~?- bdYif4'"
f4vll(} t/qv/F OoJt41) . fl.}; c/;I/J I/lv( r dud a-1dc- n;/Jl/~/ /
4. Why do you want to serve on this Board?
__7' ~hyJ'U--( J1t'J )&'f~ /ctaJ olyt?~Fm~"e;r.ric', 1// UdV/J
t2//}fT ~ /;0 )/}J4j4~ t&t YifM rbLJ,/~oJbJ C7~
I~r Pdt/lei Ju, r0Uf'~i ib0/p0 c:J~ O";4?MV#l~
-;: ntJi. V.( J/" Cd '" fJ I c{ J ",r uA/!,1l t? 11 a <-A flI.;t t7.vly (') J"'''/J
cUif 'I'vt'1 OIP~ Cvv11 ~Cf ttl~S , . ,
Name: '14~pl-z tv ~JtI/I
Board Name: ammilll/ I ~ l>>.J4/~ob.-l?.,:QJ? D .
OCT.21.2002 10:18AM
ALL DEV+LEGAL
NO.2?1
P. 13/18
~~,
.'.-..
~
JOSEPH W~ GAYNOR
PERSONAL" BUSINESS RESUME
Joseph W. Gaynor. P.A.
304 Monroe Street
Dunedin, FL 34698-5140
(721) 243-8887; Fax (727) 738-2740
EDUCATION AND PERSONAL BACKGROUND
Born August 30. 1945 in Ncwarkt New Jersey. Married, Judy, 33 years. 2 adult daughters, ,
Stephanie and Elizabeth.
B.s. with honor.i from Rutgers Universityi J.D. from Stetson University College of Law in 1971.
BAR ADMISSIONS
The Florida Bar, 1971
United States DiStrict Court for the Middle District of Florida, 1971
BUSINESS BACKGROUND
Josenh W. Gavnor. P.A. (1995 - Pre:lent) successor to Jacobs, Robbins and Gaynor, P.A. and its
succes,sors by merger (1971-1995).
Spedali2ing in real estate: acquisition, financing and conversion of manufactured home
communities; development of shopping cenlers, office buildings, apartment complexes.
condominiums and planned unit developments inc1u4ing golf courses. marinas and hotel
facilities.
InveStors Realtv Advisors. L-LC. (2002 - Present) .
Joseph W. Gaynor. P.A. and InV'estors Realty Advisors, Inc. are managing members of Investors
Realty Advisors. L.L.C., which provides integrated real estate services for commercial clients
who desire a IJingle company to perform and oversee the acquisition. development ane!
construetion of commercial and residential projects. These services are provided through Joseph
W. Gaynor, P .A. and Investors Realty Title Company, L.L.C.. in which Joseph W. Gaynor, P ,A.
and Investors Realty Advisors. Inc. are the managing members.
Apartment HWlterS. Inc. (2002- Present)
Stockholder, member of the Board ofDuectors, end General Counsel to Apartment Hunters, Inc.)
which provides apartment relocation services and other real estate services through its affiliates
including real estate sales, extended stay accommodations, mortgage lending, title insurance,
furniture leasing and sales, and employment and moving services.
Weathcrstone Development CoW. (1994-Present). ,
Stockholder, Board of Director, Secretary, general counsel and development partner. Planned,
designed and developed single family residential subdivisions in Gainesville and Orlando and is
presently obtaining site plan approV'al and all permits for its 733-acre riverfront conunlJ11ity in
Manatee County, . Florida,
OCT.21.2002 10:18AM
ALL DEV+LEGAL
NO. 271
P. 14/18
..
Community Acouisition and Development COrDoration eCADC'') , Stockholder, Board of
Director and President and Managing Member of,CAnC. Holdine:. LLC. 1997-2002
From May 1997 to 1anuary 2000 CADe, through ajoint venture with American Land Lease, Inc.
flkJa Asset Investors Cmporation and Commercial Assets, Inc., a New York Stock Exchange
Real Estat:e Investment Trust ("ANt") , acquired and managed 30 manufactured home and RV
communities throughout Florida, Arizona, California, Pennsylvania and New l~ey. In January
2000, CADC merged with ANL at which time Mr. Gaynor became Vice President and General
Counsel of ANt and in January 2001 became its SecretaIy. While at ANL, Mr. Gaynor designed
and developed 600 residential lots, two clubhouses, two golf courses and one marina.
Brandywide Acquisition and Development Corporation. President, 1995-1997
Stockholder, Board of Directot, President. Acquired, rezoned, developed $28M of commercial
property. in Alphare~a and Atlanta (Buckhead and Toea Hills areas), Georgia.
BrAndYWine Corooration and its affiliate~ 1984-1995
Vice President, Assistant Secretary and National Legal Counsel for 111 legal partnerships with
11,000 limited partners owning, leasing and managing a $450M retail portfolio.
ASSOCIATION MEMBERSHIPS
Florida Bar 1971-present
Mobile Home Law Committee, 1990-1995
American Bar Asliociation. 1971-present
IntCIn!ltional Counsel of Shopping Centers 1~86-97
PUBLICATIONS AND LECTURES
National lecturer on: loan documentation; comple;x real estate transactions; development of
shopping centers; development and financing oftime share projects; zoning. land use, survey and
title matters; condominium development: conversion of mobile home parks to tenant ownership
and golf courses and utility plants to private ownership.
COMMUNITY & CIVIC AND HONORARIUMS
Operation PAR., Inc., Chairman of Board 1989.1995 ancion the Board ofDitectors 1986-1996.
Operation PAR (parental Awareness and Responsibility) is the nation's largest not-for-profit
drug prevention and treatment program.
Morton Plant Hospital, Roebling Society, 1989-1992
Tampa Bay Area Partnership for a Drug-Pree Workplace, Chairman, 1990-1995
Legislative Coalition for a Drug-Free Florida, 1990-1995
Leadership Forum, President Bush's Advisory Counsel, 1990-1995
St. Petersburg Ar.ea Chamber ofComm~e, Cruise and Port Development Task Force, 1987-
1988 .
~ale Hubbell's bighest national rating of A+for legal expertise and ethical standards since
1980
Tampa Bay Magazine's choice in "Best in Tampa Bay" for Real Estate Law, 1997.
RECEIVED
AUG 23 2004
C:.~IC'AL RECORDS AND
CITY OF CLEARWATER - APPLICATION FOR ADVISORY-'~~~8sRVCS DEPT
(must be Clearwater resident)
Name: Aaron D. Greenberg, Esq.
Home Address:
142 Bayside Drive
Clearwater Beach, FL liD 33767
Telephone: (727) 445-9003
How long a resident of Clearwater? 2~ years
Occupation: Zoning attorney & developer
Field of Education:
Harvard Law Schoo/- J.D. (1997)
Columbia University - B.A. (1994),
urban studies major
Office Address:
142 Bayside Drive
Clearwater Beach, FL ZiD 33767
Telephone: (727) 686-1556
Employer: InterCoastal Habitats LLC
Other Work Experience:
(See attached resume.)
If retired, former occupation:
Community Activities:
Other Interests: Architecture, history, boating
Board Service (current and past): Board Preference:
None Community Development Board
Additional Comments: Reference: Rosemary Ginty. ESQ., Vice President for Government
and Community Relations, New York Botanical Garden (718-817-8962).
Signed: a-.. ~ . Date: Y/t.3/o+
I f
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
AARON D. GREENBERG, ESQ.
142 Bayside Drive
Clearwater, FL 33767
(727) 445-9003 · Fax (727) 461-4780
Email: aarongreenberg@msn.com
PROFESSIONAL EXPERIENCE
InterCoastal Habitats LLC - Clearwater, FL (2002-present)
Founder and Managing Member
. Currently managing development of 6-story, IS-unit luxury waterfront condominium project in
Dunedin, FL.
· Responsible for all zoning approvals; overseeing all legal work, budgeting and marketing
efforts; producing all sales materials; negotiating financing and all contracts.
Wachtel & Masyr, LLP - New York, NY (1997-2002)
Associate, Land Use and Zoning practice group
. Represented clients on residential, commercial and retail projects in New York City with
particular experience in managing complex multi-agency development approvals for mixed-use
urban projects.
. Performed zoning analysis, development feasibility studies, architectural plan review, and
community relations.
· Wrote zoning opinion letters and certifications, environmental assessment statements,
development agreements, restrictive declarations, contracts, and press releases_ Prepared and
reviewed environmental impact statements.
. Coordinated lobbying and planning efforts with daily interaction between clients, architects,
engineers, environmental consultants, traffic consultants, numerous city and state administrative
agencies, Offices of the Borough Presidents, City Council, and local Community Boards.
. Clients included The Related Companies, The Home Depot, Target, Forest City Ratner, Costco,
Blumenfeld Development Group, Edison Parking, ZeckendorfRealty, Gotham Development,
Hines, and various educational and non-profit institutions.
Altman Kritzer & Levick, PC - Atlanta, GA (1995)
Summer Associate, Real Estate practice group
. Performed contract and lease review and legal research. Wrote chapter of hook, Key Shopping
Center Legal Issues (International Council of Shopping Centers, 1995).
Greenberg Farrow Architecture - Atlanta, GA (1990-1994)
Summer intern
. Model-making, logo design, presentations, computer aided design and drafting with working
ability in AutoCad and Adobe Photoshop.
EDUCATION
Harvard Law School, J.D., 1997 (magna cum laude).
Columbia Univenity, B.A., 1994 (summa cum laude), major in Urban Studies.
BAR MEMBERSHIP
Admitted to the Bar in Florida and New York.
References available upon request.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
. The CDB decides discretionary land use approvals in accordance with the criteria
of the Community Development Code. The Board also hears appeals from
Planning Department decisions and makes recommendations to the City Council
on zoning and land use plan amendments.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
I watch Clearwater CDB hearings regularly, and I have testified numerous times as
an applicant before zoning boards in other municipalities.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have extensive familiarity with the issues of land use regulation due to my
experience as both a zoning attorney and a real estate developer. I believe I can
decide cases with the fairness and insight of a practitioner who appreciates the
economic, architectural and regulatory factors that influence development.
4. Why do you want to serve on this Board?
I want to assist the Board in improving Clearwater's neighborhoods by nurturing
economic growth in a deliberate, responsible and intelligent manner that will
safeguard the character of the community. I believe we can hold developers to a
higher standard while simultaneously creating a hospitable growth environment.
Name: Aaron D. Greenberg, Esq.
Board Name: Community Development Board
,< T " -',~t. ~ ""~~ 'r
CITY OF CLEARWATER - APPLICATION FOR ADVISORY Bo~EIVED
(must be Clearwater resident) MAY 28 2004
Name:William L. Johnson
Home Address:
479 East Shore Dr. #1
Clearwater
Office Address:
OFFICIAl RECORDS AND
LEGISLATIVE SRVCS DEPT
Zio33767
801 West Bay Dr. #406
Largo, FI.
Telephone:641-3444
Zio33770
Employer: self
Other Work Experience:
First Federal S&L of Tarpon Springs,
1970-1980, left as Exec. V-P, Rutenberg Corp._
1980-1991, Exec. V-P, in charge of real estate_
self-emDloved in real estate brokeraqe and commercial develooment since then.
Community Activities: Planning and zoning board, city of Clw, and Community Dev, Board
Telephone:44 7 -0861
How long a resident of Clearwater?20 years
Occupation: real estate
Field of Education:
Univ. of S. FI. BA. Business 1973
Other Interests:running, exercise
Board Service (current and past):
P&Z. Community Dev. Board
Board Preference:
COB
Additional Comments:
Date: fdsj()Jf
Signed:
See attached list for ards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department, P.
O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola ~venue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
_Since I was a member of this board previously I fully understand the duties and
responsibilities of the COB board.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
_To many times to count_
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
_Since I am in the commercial real estate and development field, I deal with
engineers, attorneys and planners, tenants and other developers on a daily basis. I
also deal with other city governments, county government throughout the state. I
have lived out on the beach for the past 20 years, financed many homes in
Countryside while at the bank and developed many homes and office building and
the northwood plaza area while at Rutenberg. Recently helped in the redevelopment
of LaBelle Plaza, Publix, at highland and Belleair.
4. Why do you want to serve on this Board?
First and foremost to give back something, my time, to the community and help
forge the city into the place I want to live the remainder of my lifetime. I also enjoy
the interaction with the other board members and the sometimes tough decisions
we are asked to make. I also like to know what is going on in the city and the COB
board is next to being on the commission and I don't think the public could take
two Bill Johnson's on the board. Even though some people said that they did vote
for me this last election, Bill Jonson., they didn't notice the name difference.
Name:_Bill Johnson (William)_
Board Name:_Community Development Board_
,
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
WTT.T.TnM p KT1H~n~
Home Address: Office Address:
34 Bohenia Circle North 100
Clearwater, Florida' ~D 33767
Telephone: .446-4870
How long a resident of Clearwater?
Occupation: Financial Advisor
Field of Education:
Telephone:
lR yp~r~ d
Employer: Ame~ Express 'R~-\; r~
Other Work Experience:
Associate degree, engineering
B.S. degree, physics & mathematics
M.B.A. deqree, finance & marketinq
Maqnetics enqineer
P1;:1nt M:::ln;:l~l'>r
General Manaqer
If retired, former occupation: nla Business owner
Community Activities: Director. Jolley Trol1p-y. nirpC"tnr ~ VP C'll'>:::lrYrltl'>r
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Development Board
Parks & Recreation Board
Additional Comments:
Signed:
i/f/~
Date:
April 13,1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
l!cf!OI- ~ f O.J bo~ \[-:;+s
\ 1 If (or). - l~ _ 1(' 1&. ~t .
S.~3 03 _V~ t1, ~,~ i.d-~.
RFCEIVED
APR 1 ~ 1999
CITY CU::~K DEPT
f
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board assists the Parks & Rec. staff in evaluating
current facilities and activities and recommending
improvements and capital expansion for parks and
recreation facilities to the city Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
. City's TV station?
A number of times including a four year term as a member
of the Parks anc Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My prior experience on this boaro provides me wit~ a
thorough appreciation of the board's purpose and
responsibility. I have a keen interest in athletics
and. recreation by way of my ~articipation. I have a
sound background in finance that could help in prior-
itizlng evaluatec projects.
4. Why do you want to serve on this Board?
I'd like to continue working toward the objectives set
durinamv previous term in makinq the parks and Recreation
Depa~tment the finest in the State of Florida and its
facilit~es and ~rograms second to none that we would be
proud of.
Name:
William P.
Kirbas
Board Name:
Parks
IVEn
. R ~ (~ "E\ ,\ ...-
and: .RecreatIon
~WR 16 1999
CITV GLE':,K DEPT
(
,
.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academiec background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of, development brought before the board.
. I have engineerinq and financial traininq that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relatinq to codes, planninq and zoninq. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life for our
Name:
residents and I would offer my advice to achieve it.
Board Name: Cnmmllniij. E,C~~X~D
~\PR 16 1999
William P. Kirbas
CITV CLEi1K OEPT
Jan 05 05 12:2210
Bob Luna
727-443-3685
10.2
.... '.
''''...". -,,;.
.' . : .',' ~._.~:..:Jijilif"';'-';~""'" . . ":,'",;:.
. . RE~~IYE~: ..;,..:;,,;,::::~ ;.,,~:::'::" . , ,'-,:;,':,",i,~,".~,':',;,',;~:,;";:~ )',',',':,:<..:;::":.~,,,~..~,;:,..!~.'.~:_~,'.(,':"'".:".~_..~.:,:',,:,::'
~,.'~.:~.r.,~.j,~,~.t,f,f,t.f,,~,?t!,:_a,.:.,j"WY;'lh,';,i.r,i,Y,~,~,'i!.:,_.~,~.1,l_r.,f,t,',',~,~.~.~,l.j,:f,r,},:,',::,: .>::;~ !;:>> ': ::':', "
. . ".' - -:'~ -"<"0FflCr.-.t R~O~:"\S AND ' . ,,,..,,~,,..,.._..',~,'...>, ::'_::":-<:- -"
':' ,:,:';i:::n~t~~\~j~~*~~~~~;Cs DEPT ' .' 1 :-;,~,,~,~!~jy~.. :,~':.'t:::.:,:::.~.;., .
~,:(.::"-,{~'L~' ;~::;:~tr:CITY OF CLEARWATER. APPLICATION FORrAi)VISoRY BOARDS
.' '..) ~(/>~ :-:;::t::' (must be Clearwater resideOt),' ': ",
... ;i;!''T~~!;\;~~l'l~
. ....,..if::{:::.:?:.'.~. : "
"
. .. . .~.~ . ./' '. ..
. }: .::/~:;.,:~,::~' :.~;~i;:0~.:~.
.;-.: .
._N~IT1~:'f306 j vA/A-
. ",~ - . -'.
Home Address: Office Address:
77 <f - SlJu 6- /c:::Ln~o. / $U1~1) CS7lfTCJ 9/l-M G'
Ci-~ft7Cr Bd1c-H fL.ZiD ~~?G? ZiD
Telephone: '7~?- St'y/- ~ ~ y Telephone: ~/M ~
How long a resident of Clearwater'? 3 ~II-P) .
Occupation: e/lFt/~"'1If;- f fj)i'~~/])tIlAfr ~ Employer: 7'#6 ,( VA/II tJRGIt#..llsA-TIO^
Fie~d of Education: ,<~ Other Work Experience:
13t/5 A-/~ rf t"h'IA~6 \'\~""_,~).. (/p)l }lON1~A{i~ J-hAr- ~ oPlfJ
. J t.JN~ ::P~~ CS1A7~ I(/R#~-'t, a.. t:J
. ":::\ t::.
~ /.U/JA /J-/i?popr- Slpf:i~s.rIc/1""'I-~ .?LC
Ifretired,formeroccupation: ~(/~A /+,zr G",.//t9f2/cij (OU.
Community Activities: -(JIIJ1~ l3~r I) ,{;o","'&-{)(f>" (dl ~fJ (llAA4-fFr) .11M All":.! It/) OIl. .
. . ,
g/hl-IJ/GRJ /~IZ~II7'''o~c.. ) S#llIM;/lJ /f1V'J7/f< RJ/lCIfIC.lJffF,I; 7~pA.
Other Interests: ;::Rt:&:-flk~tfTFi) h ~dlJ.s
Board Service (current and past): Board Preference:
Gv//)ep,,~ FO().I'-'l)A7/~~ FPf1. 711€B<../.q ~7)~d ~
. ~/"rl ~I'- kY'... ~
/f5SEl"f~("t/JI/~: 7Jci~f"J()v I -/JWISoP~ &ff{l'J ;;), . C '../ _ .'
':(,!/l THE- ,bEw YONK ST.ftTF ~eo"tr4(.y vnl-u,n(.~'/d:rJ' &/l. /~"'5 ~j
Additional Comments: r~~ ~ ~~-C.(. ~.
~~-'"
--~
Jan 05 05 12:22p
Bob Luna
727-443-3685
p.3
?:'<::~~~"~:~~~:t:':~ .... '. '. . SOARD ~i,~-:~:rj~"i:r .~. ; ::'1<:'~~2,,,ji~t
. , .-Yri{~~;;:fJ1~~~U~~~ ~Ihe boanfs~~.~~~~~~j.~ :: :: ',:.~',.. :~ ,': ,:- '1(.!;:~j/\'t(.
'>~;' ~i~~t~~ ~p~ A':;i;Jl~ '. ,',
;.:,~\;~?l~t~~;' .~ ~ ;;~::~;~::d.2'~,~:; ......
. . .., 'd.~UL/.L ~L~, ~/_....A ~
(~\':::~~'trr ~cr..... ~ ~
._ ." __._.........,__.~.._. .~_-... ..._,~..;.__...-..._,;-z,___..:-...._.....-...~..--.oo:-=-~._...._"ol..._-.~...__. ...-.':'"".-.o:~-_,._--_.......""'"'.~.......... .::-...~__ ;,lo........- .-._. _....._-..'. ..
2. Have' you ever o'bserved a board meeting either in person or on C-View, the City's
TV station?
~S .~~r5
3. What background and/or qualifications do you have that you feel would qualify you
to seNe on this Board?
~/1f4~~~J~~'~~
J~ ~ ert ~t/d~ t1.AN~4'I~ ~1~ ~,
-t'pA- -fk'4<~^- ~ ~~ 42-?-,~ ~
4. Why do you want to serve on this Board?
~C-~~ -..f-~~
t~ ~ ~: ..M- ~~b -~ ~. ~(.J~
o/J4 ~//'J~ '1J4~df~ ~
~~~~~dAA~~
.2'~) ,
~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: &0//;,11}-1") J. /J1 ~L/'9.Ai IJ, ~
,
Home Address:
/5(;, 3 TOR,vGe. STteiFcT
C~wn~ . FL Zio 3376"1:.
,/
Telephone: 7 Z 7- t./- 'I ~ -7 ~ (.0 Telephone:
How long a resident of Clearwater? .5" 1;2- ~ 1'5
Occupation: PIfDFl55.SI~AL EAJt:.JiJE"~ Employer: J-I. /uc.
. . ~ PU9~~E~ .
Field of Education: Other Work Expenence:
{!./f..JJ L ;- STJlCVCTUI?A-L. G.;~J~"'U' ~ b.~SI'je 'E""Jh e~V\Vt1 ,
err; t tPe-'/W4L A~AI~/AJ6 -\oL{' s" B~"c~,~Y (f'
~ Lt '3-~~ I
If retired, former occupation:
Community Activities: C,I-IAJ~r'~P6/. bES;16~ ~EVIe;j,(..; 13o"'7teo Ct'(''f1c'IJJ.
t:~. AlJl!fU-.fl> CulJ1'lj g:'I9VTIFi.JL,/ 73Ch/geO .pf D/6T<::.7ereS 0/ tJ
Other Interests:
Board Service (current and past):
U5S(c;~ !?6VIE:/,J "iSlJAteo
Board Preference: .
LoMMvA/IT'7 UlNBUJf1'1YJtJ'1J7 ~I9L,r;J
Additional Comments:
Date: /:..~!l )'11'
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 111 S. Osceola Avenue" , P p n E I "iT D n
r 0 I _ ~p en ll~~' ,. f,l j _J . ~ ,.~ ..~.
. '/'11{):). - II" ,. FEB 1 7 1999
SfTY CL~.1:'~ OEPT.
WILLIAM J. McCANN, P.E., P.P.
Licensed Professional Engineer and Profesalonal Planner
1563 Turner Street
Clearwater. FL 33756
727-443-7660
BACKGROUND and PROJECTS
CIVIC
Chairperson - Design Review Board - City of Clearwater. FL
Board of Directors - Keep Pinellas County Beautiful. Inc.
Member - Planning Board - Atlantic Highlands. NJ - 1977-78
Member - Zoning Board - Atlantic Highlands. NJ - 1975-76
PROFESSIONAL LICENSES
Professional Engineer - Florida - 1996
Professional Engineer - New Jersey - 1972
Professional Engineer - New York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land Surveyor - Pennsylvania - 1980
Charter Member - American Institute of Certified Planners - October 1978
Certified by examination AICP
ProfeSSional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967
RELATED WORK EXPERIENCES and DESIGN
Cnmmercial
Carnegie Center - Planned Unit Development - 550 acres - 3.3 mtIlion SF Planned Corporate Headquarters
Office Park. 350.000 SF Commercial retail. 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350,000 SF
Gateway Shopping Center - 225.000 SF
CIVIL and SITE DESIGN
Planned Unit Developments, ~lanned Residential Developments, Single Family. Townhouses,
Condomiums. and Garden Apartments. Retirement Communities.
Subdivisions and Site Plans for office butldtngs and shopping centers
Site layout. grading, earthwork quantities. railroad track design, utility services.
Drainage systems, detention and retention basins, infiltration and exftltration systems.
SanitaIy sewerage systems, collection mains. lift stations. force mains. regional systems: interceptor
trunk lines. pump stations, force mains and package treatment plant designs.
R~rJEI~rED
FEB 1 7 1999
0. fTu'-" ',,, -. .
.". " f ~.i\. ',." ."~ 1")<<: ",,-
~I 1"1'~ r.,.~;.",., r
Oct 15 04 01:49p
Jerr~ Schauer
727 784 S015
p. 1
RECEIVED
OCT 1 5 2004
OFF!C;;P,l RECOI<DS AND
~ ~'::;;:)~Ali\iE S.R\/CS OEPr
City of Clearwater - Application for Advisory Boards
(must be a Clearwater resident)
Name: Gerald (Jerry) L, Schauer
Home Addrefi:
2958 Somcrsworth Drive
Clearwater, Florida 33761-1939
Office Address:
Same
Telephone 727.784.6015
Telephone: 727.560.2535
How long a resident of Clearwater Since 1991 (13 years)
Occupation: Semi-Retired
Employer: Part Time _
Coastal Environmental
Concepts, Inc,
Field of Education
B.A Desree in Education
RS. Degree Accounting & Economics
Other Work Experience
CL T - Software
Bank of America - Banking
25 yrs
Secondary Education 4 yrs,
If retired, fonner occupation - Banking - retired from Bank of America
Community Activities: Served on PineUas County School Board Budget Review
Committee - A volunteer with American Red Cross
Other Interests:
Boar-d Service (aurent.and put):
Board of Adjustments (City ofCoraJ Springs)
. Board Preference:
Community Development
Board (CnB)
Additional Comments: I have extensive experience in interpreting policies and
pr~ U dir.ected by business manuals and management. I ~ have excellent
negotiation ski lIs.
Signed:
Date '/O~wV Y
Oct 15 04 01:50p
Jerr~ Schauer
727 784 6015
p.2
Board Questionnaire
1. What is Yool understanding of t.ne board's duties and responsibilities?
The board members must have a working knowledge of the City's planning and
development codes. ,They must be able.to review petitions to determine if the ~uests
are within established guidelines and make recommendations to the City Commission
based on a solid review and knowledge of the facts.
2. Have you ever observed a board meeting either in person or on C- View, the City's
TV Station?
I have viewed some City -Commission .meetmg on TV, but no' Advi5ery B6ard
Meetings
), What .backgrOUlldand lor qualifications 40 you have tbatyou f~ woold .qualify
you to serve on this board?
I have extensive husiness.etperience inv.oWiDg .dealing .in-both the.public.and private
sector with individuals as well as small to large business interests. This experience
required,me.to.openlte.and .enforee stated policies and .procedur~ wbi1e at-tbe same
time meeting the needs of those that I served. I have extensive negotiation skills.
I ha\le.served.on the BDJWI.of Adjustments for theaty .of Cor&! Springs as -it-s Board
Chainnan. I also served on the City Council for City of Warsaw, Warsaw, Kentucky
as an elected official.
4. Why do you want to serve on this Board?
I am in aposition to assist the ,City m~hievmg its.objecti~. I also ~ that
development, that matches the community requirements, is very important to meeting
the needs.ofthe citizens-Of.clear.waler.
I also enjoy public service. I read an article in local paper that the board has a vacancy
and I feel my experience as well as background can be an asset.
Name:
Gerald L. Schauer
Board Name: CDB , .
5-20-04;17:33
7275391294;# 2
RECEIVED
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BO)t~Sl 2004
(m4st be Clearwater resident)
OFFICiAl RECORDS AND
lEGISLATIVE SRVCS DEPT
Name: k~L-LI ?u-1TDN ,fe
Home Address:
JI l\ ASttroN A'B&e'f R-D.
C IEAe.vvAter2- Zip 33105
Telephone::? 21- 2-'1 B - D 2.4- ~
How long a resident of Clearwater? ..1- Y (< .
Occupation:BJ\I, fN61t~~/ Q)tJ~
I
Field of Education: Other Work Experience:
-;?s,.... (Hf'MlC rtL ~6tIN~If\.)~_ ~ $ ekeD
M. S. ,.. eN\) \~MV\~effJ~ .lli!dJ~aJ wA~~ ~ ~
~L-
Office Address;
?BO ffl~PLfU.e 'BUll:>. Su. rrE 300
J
C~~l Pt.- Zio~?' 759
Telephone:"12.1 - 53 \ - 3'305
Employer:.:rBl? br<ouP, I NC .
If retired, former occupation: --
Community Activities: yf\l~T YOUtZ. l-t'e"1\e.-,- bLAT AbDIT- A~ I:ii.f1HWA'-(,
, l-.
:llACA.
Otherlnterests: i3\~N61 I BOkr/NBt( ~W'A.MA.ltJ&f t9JJO'(iNGl, UxJth- B-e1!(jfCS
Board Service (current and past): Board Preference:
--.N.O~~ COMMU~ DEvaoeM'BJ\ ~
Additional Comments:
Signed: f.~)1{ ~
Date: .5'" 2-D - 0 t
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748. Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
s. Osceola Avenue.
5-20-04; 17:.33
7275391294;# 3
BOARD QUESTIONNAIRE
y
1. What is your understanding of the board's duties and responsibilities?
eVe> IS A em~-Bi'lS'ED BC~b W/hc.H ",-It-iPS OV~
AbfUIIJiSTf2knl)N bP~ mMfl4WJfTY 'l>frJfi/Jf~ C.Ot:Jir. U~.
i7HiJULb BG Fl11!J.ILtflf(.. Wtrrl 1H~ C.OD6"-j rrs f1.4-,81UT'f I/J b~
11 ftzoVI be ~U.I1LIT'(. ~-LJlJeD DeV~mEIUT IN fiGs f'~TS
-r7J (lt€-- su/u!.{) IJiJo flJ er, /tfl-f?1I s_
2. Have you ever observed a board meeting either in person or on C-View, the City's
1V station?
-'1t:-s. - HAv~ ~ff(JVA~DLAj BDNZ-b ME-E:T7Nb1~ ON
c- V,e-W,
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
1?e1N6r A feoFrESSIOrJ'fh- eNB/lNee1L ItJ 11tE l.ONSUl:11IJer,
BUSIN E~5 ~ t:'/.fOSfj"') M~ 10 LAND DEVr=LoPWl€WI
R68ULJltT1lJNS i How ft....fE't.I",L.rrY IS ~r).Jr<..~':D
5Pt-C(P/CflUY IN A/21EAS Re1lCffIN61 CMAcfTY
4. Why do you want to seIVe on this Board?
7V Gter ~f1-e- INVOl)/t:!b wrn-l fVl'1 COMVVlUtJ 11~6tUVlwrm-SO
,
7lJ f ftJJ" /1> e- It (ITI~ 's p~ IIJ T 0 F- V I l?I/V O}J 7lfr;,.-
f!gp'~VeuJfMeNI tJF CU;:ftfJ/lltfff::/<__ -'
Name: ~LL'( Su,mrJ
Board Name: DEVGLofMe,(JT
TOTAL P.03
" .
!
REC:EIVED
CITY OF. CLEARWATER -APPLICATION FOR ADVISORY BOARDS NOV 1 (\ 2004
(must be Clearwater resident)
Name:
. F::;(;~.:\l. ~,'t'::~~()~:~l)~~ )\j~L'1
. ,,;\,nVt .~~t~Vt ::. ~ (~E~.rt
Home Address: , . .
II",/{.!? fJCiryY)ud(~ <3+ .
----rr1" j ,.- . '? ..., ,--' r
l It(l(lAJ6~V ~ I Zip ~.:) {~_~
Telephone: 77.1 -4!::( 2- -J:;qO.~
How long a resident of Clearwater? S I nCL
Occupation:_\ lAnd SCCA..p\ ~
Field of Education:
,.--., 0_1" l' ('
~I/){' In LQlA,:,CC,. ....x:lfV"1"'L
Office Address: .
",' ex ,..1' C'st'
I Lilt _vm ULl c~ '
.--
(\ \..t ' F' I ~~2.) ,.r'
r.u(LLhi-iv'- , ZiD ~s.)
."1? ~ - Ltd'L - Sl1DS
Telephone:
04~
Employer:
Other Work Experience:_
c::c DC
J (.">-, _,'
If retired, former occupation:
f1-r'^ .0. d n ~. <;\ '
Community Activities:~'DY\ 1'-.IlY')<~ tbr !J\)Y:MdlY'\
f~;d{l!.( Sd~
.. '~ ,..
=I:=~.:'~Q:' J r{ud~rdPreferenl>!: .
Y~ud+,:f.;(CAJI~' [c,Yr\("r:rt\u- , ' . &VY\mt~'1. I ""'lltt.l,tV)o'\)..V\-t ~d
^ otX1 . ~ .-
li,'1. . , J.. ./-
--Li.T\ .f .' .1 t~V\.AX'Ji1"i
Additional Comments:
Signed: ~J1}, ~tu:u :i D .4 n' 'I)
Date:
IIJljOY
See attached list for boards th~t require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 337584748. or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
,-
f
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
lr~ (~~llAC~~w!~f ~:w~::a:
St\i'\U I.G.Dd i l)l pa.V\ 01\G.n~ i"t~L,-(St~ Q '\ lJ...1-(.1l U9-.
,d.tl~l(\pV'(llnt' ((15'('\+-S.
2; Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
. . Co.
,j P. .-'
I
3, What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
'-;)"'-1.1 . () I~l'. f C' . .
~I(WS dl3rt. jV"\, ~ -X;fn(~~ l.uti\.-.-. t1i'l
.fllip\~.s',.~ in ~k aVld I LYe J ('7tllr(r'r!f"YlJ.r+ Oll'l,d
Jlr.kAV\ e]elhf\;~.
4. Why do you want to serve on this Board?
r WrhAJkJ I ikJ-o ht ()1()~ j(\vC! fll1'd ,~ ~~
r<dtlXWpVyunt O~ lJLu" C~~lfln' J jJn~{fd- 'ISSI~~
~~ (jFf:1 ~'~ rni,u.) OM I. "IOl.kl h
}, Crt( L., o~ tI"-I- ~.i''Vi I
~h . b' -,
Name: r, ) 'N , ru;..Vt~
. f '"1\
Board Name: {rljmml'~'+'l-1){I.~lrnvVl+'
(...... d
r~)Oail'
~
,
No Board Questionnaire included with the Application
CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Doualils L. Hilkert
Home Address: OffIce Address:
2227 Habersham Drive
Clearwater, rL
2557 Nurserv Road. Suite A
liD 33764
~:J.eBrvat.er. F!,
Zip 33764
Telephone: ("7 \ 1:j'2~_14~Q
How long a resident of Clearwater?
Occupation: Attorney
Field of Education:
Telephone: (727l 507-9559
4~ years (25 plus in pinellas County)
Employer: Douglas t Vi1Ic~rt P 1
Other Work experience:
B.A. Southern.Nazarene University
J.D. St.At.g~ Univ.r8i~v Co11eue of Law
If retired I former occupation:
Community Activities: Chairman Planning and zoning Board 7 Vice-Chairman
~~~r~Ar ~AV~AV ~^mm.~~..
Other Interests:
. Board SeNlce (current and past):
p & z
Board Preference:
CDB
Charter Revi."
Additional Comments:
S~ned: {);;/
Date:
February 15, 1999
See attached list lor boards that require Financial Disclosure at time of appointment
Please return this application & board questionnaire for each board Osted to:
City Clerk's Department. P. O. Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd
Floor. 112 S. Osceola Avenue
\ I 1'1/0 I - v~r\.{{e.d
111f4/0d-- II
coY\+i",v -ed (V\~r<.S+-
~ l ., I
Tr.l'Tn "X'lH..J
1~~'TU " CH'~nnn
CIJc_'nt"':_171
'n'OT eccT/~T/7n
t5:' 'IS. \
City Council
Cover Memorandum
Tracking Number: 1,107
Actual Date: 01{20{2005
Subject / Recommendation:
Approve the Assignment of the Beachwalk Resort, LLC Development Agreement with the City of
Clearwater to Crystal Beach Capital, LLC and authorize the appropriate officials to execute same.
Summary:
At the City Council meeting of December 2, 2004, a Second Amended and Restated
Development Agreement was approved between the City and Beachwalk Resort, LLC for a hotel
on Clearwater Beach, formerly known as Seashell Resort.
Beachwalk Resort, LLC has taken on a financial partner that will own controlling interest in the
entity that will develop the hotel.
Section 18.01(a) of the Development Agreement provides that the Developer may assign the
Agreement with the prior written consent of the City of Clearwater. Section 18.01(b) provides
that if the City consents to the assignment, and the Assignee agrees to assume the obligations
of the Developer under the Agreement, the City shall execute an agreement releasing the
Developer from its obligations under the agreement.
The Developer is requesting that the City approve the Assignment of Development Agreement
from Beachwalk Resort, LLC to Crystal Beach Capital, LLC, contingent upon the closing of the
transaction between the two, currently scheduled for January 28, 2005.
The Legal Department has prepared a Consent to Assignment Agreement that will be executed
by the City upon approval. The City Attorney recommends approval of the assignment of the
Development Agreement.
Originatina: City Attorney
Section City Attorney Reports
Cateaory: Other
Financial Information:
~ Other
Review Approval
Pam Akin
01-14-2005
13:28:04
Cvndie Goudeau
01-18-2005
15: 18:02
CONFIRMATION OF CONSENT BY CITY TO
ASSIGNMENT AND ASSUMPTION AGREEMENT
The THE CITY OF CLEARWATER (the "City"), hereby consents to the
assignment by BEACHWALK RESORT, LLC. ("Assignor") to CRYSTAL BEACH
CAPITAL, LLC ("Assignee") of all of the Assignor's right, title and interest in and
to the Development Agreement entered into on March 13, 2001, as amended on
August 28, 2002 and December 10, 2004 between the City and Assignor, as of
the date hereof. The City further consents to the Assignee's assumption of the
performance of all the terms, covenants, obligations and conditions imposed upon
the Assignor pursuant to the Development Agreement, and the City does hereby
fully release Assignor from all obligations under the Development Agreement.
IN WITNESS WHEREOF, the City hereby causes this consent to be
executed as of the day of , 2005.
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ji'lI1~JO-05 lli:OZ
From-Rudin McClosky
+81322991 ZB
T-754 P,OOl!OB2 F-6T2
~: J3. I
January 10, 2005
Pamela Aldn
City Attorney
City of Clearwater
1125 Osceola Avenue, 31d Floor
Clearwater, FL 33756
Re: Second Amendment to Development Agreement (the "Agreementn)/City of
Clearwater and Clearwater &sch Resorts. LLC ("Developer")
Dear Pam;
As you know, I am the principal of Developer. I have taken on a financial partner that will own
the controlling interest in the entity that will develop the Hyatt Clearwater Beach Hotel. I willl'etain a
minority interest in that entity.
To that end. I request that we be placed on the City Council Agenda on January 20,2005, for
consideration of the assignment of the Agreement to my financial pattner, Crystal Beach Capital,. LLC.
The majority owner of Crystal Beach Capital, LLC is Neil Rauenhorst. former manaaing partner of the
real estate development company Opus South and a member of the Rauenhorst family, which controls
Opus worldwide. A bio of Mr. Rauenhorst is attached hereto.
Section 18.01(a) of the AlP'eement provides that Developer may assign the Agreement W'ith the
prior written consent of the City of Clearwater. Further. pW'Suant to Section 18.01(b). lithe City ccnsent$
to the assignment and the Assignee agrees to assume the obligations of the Developer under the
Agreement., the City shall execute an agreement releasing the Developer from its obligations UDder the
Agreement.
We therefore respectfully request that we be included on the January 20, 200S agenda tor
consideration of this assignment request. We further request that the assignment, if approved, be
contingent upon the closing of the transaCtion betWeen Developer and Crystal Beach Capital, LLC which
is presently scheduled for January 28. 2005. Thank you very much for your cooperation. Please !Contact
my office with any questions or comments.
v cry tI"llly yours.
t:/~ ~~
Brian Taub, Managing Member,
Clearwater Beach Resons, LLC
BTltf
Signed in His Absence
To Avoid Delay
TPA:355740:1
Jan-lO-05 16:02
From-Ruden McClo.ky
+8132299128
T-154 P,DOztOD4 F-m
NJR DEVELOP:MENT CO:MP ANY
NJR Development Company, LLC is a real estate investment and development company
which was formed by Neil J. Raueohorst on April IS, 2002, to pursue multi-family residential
investment and development opporttmities in Florida. Prior 10 forming NJR Development
Company, Mr. Rauenhorst was the President and CEO of Opus South Corporation, the southeast
operating company of the Opus Organization. As President and CEO, Mr. Rauenhorst was
responsible for the development, desigD. constrUction and management of commercial properties
throughout the southeast United States region. Over Mr. Rauenhorst's 14-year career with Opus
Soutb,1he company expanded from. 2 offices to 9, from approximately 18 professionals and staff
to 150, and, at its peak. the Company produced greater than. 2 million square feet of new projects
per year valued at greater than $250 million per year. In 1997 Opus South, under the direction of
Mr. Rauenhom, was honored by its selection as "Outstanding Developer' by the National
Association of Industrial and Office Properties, Tampa Bay Chapter. Through NJR Development
Company, Mr. Rauenhorst intends to capitalize on bis 23 years of successful development
experience to invest in the most attractive multi.family residential real estate opponunities in
Florida and partner with the most capable and experienced developers.
With the formation ofNJR Development Company, Mr, Rauenhorst acted on a desire to
become considerably more active in multi-family residential development, construction and
investment. The Florida market dynamics, as well as Opus South's construction and
developJnC.O.t expertise, aU lead to the conclusion that there are considerable oppommities to be
realized in this segment of our industry.
Since forming this new venture, NJR has teamed up with an experienced development
partner, EcoGroup. Inc., on an initial project, Sancene Condominiwn in Naples, Florida.
Additionally, Opus South teamed up with NJR and &0 to perform as c:omractor on Sancerre.
Sancerre is a 9 story high-rise luxury building on Old Naples beach comprised of 8
residential floors containing 23 units. The average price per unit is 53,217,000. Sales began in
January 2002 wiili adequate pre-sales to allow constroction to begin in August 2002. The
permanent Certificate of Occupancy was issued November 17, 2003. The project was completed
on schedule and on budget with project sales exceeding projections.
NJR Development Company is currently working on a second condominium project.
Coconilla Condominimn, in the Naples area., also in a partnership with EcoGroup. This proposed
residential development will offer a water-oriented, luxury lifestyle with outstanding water views
and direct deep-water boat access to the Gulf of Mexico. COCOnillll is proposed to be two 10..
stOI}' condomini\UD towers contairting 112 condomini\lm units located at Wiggins Pass, with a 25-
boat slip marina and Yacht Club. The project is currently in the approval stage.
NJR Development Company is c1.ll'tently serving as the Managing Member in Orchid
Beach Capital, LtC, an investing entity in the Orchid Beach Club on Lido Key~ Sarasota, Florida.
Orchid Beach Club, under development by U.s. Assets Group, will be two 10-story condominium
towers containing 54 eondomini1ln1 units located on the Lido Key beach on the Gulf of Mexico.
The project construction commenced July 2003; with construction completion projected
September 2005.
NIR Development Company is cmrently pUtsumg additional multi-family opponunities
on the west coast (If Florida, and on Florida's northwest and east coasts.
. Jan-~D-05 16:02
From-Ruden McClo.ky
+813Z299128
T-754 P,DD3/D04 F-673
NJR Development Company
CORPORATE INFORMATION
January 2005
~OMPLETED '(RANSACTIONS:
SANCERRE CONDOMINIUM DEVELOPMEN't Naples Florida
)> EcoGroup, Inc. - Developer
)> NIR Development Company - Investment Manager
)> NJR Development Company - ConstrUction Manager
)> Opus South Construction - Contractor
A 9 story condominium development containing 23 condominium units located on
the Gulf of Mexico in Old Naples, Florida. Total sellout value $74,000,000.00. The
project construction commenced August 2002 and a certificate of Occupancy was
issued November 17,2003.
ORCHID BEACH CLUB. Lido Key, Sarasota, FL
)> U.S. Assets Group - Developer
)> Orchid Beach Capital, LLC - Investor
o NJR Development Company managing member
Two 10-story condominium towers containing 54 condominium units located on the
Gulf of Mexico on Lido Key, Sarasota, Florida. Project commenced July 2003, with
construction completion projected July 2005. Total projected sellout value
$ I 04,000,000.00.
COCONILLA CONDOMINWM PROJECT. North Naples. Florida
)> EcoGroup, Inc. - Developer
)> NJR Development Company - Limited Partner
)0 NJR Development Company - Investment Manager
)I> NJR Development Company - Construction Manager
)I> Opus South Construction - Contractor
A proposed <:ondominium development and marina to be located in North Naples,
Florida at Wiggins Pass. The project will contain two condominium towers at 10
stories each totaling 112 units. The marina will contain 25 boat slips at SO' each.
Project approval in process. Total projected sellout value $160,000,000.
:;";j{"
Come to a Beach Walk Town Hall Meeting
Beach Walk will transform South Gulfview Boulevard
into a winding promenade with plazas, lush
landscaping and whimsical features.
After a s/1
· the
· Jr
PRESORTED
STANDARD
U,$, POSTAGE PAID
PERMIT NO, 2052
Sl PETERSBURG, Fl
..
R.E c)) / - ~
,I
South Gulfview Resurfacing Journal
Correspondence and discussions with W. Jonson
200 I to 2004
Policv
Ten-Year Road Resurfacing Cycle. In order to maintain the City's streets in keeping
with Clearwater's standards the Commission wiU attempt to maintain a 10 year cycle for
resurfacing roads by allocating funds for this purpose in the annual budget process.
Summary oflnformation from Staff
6/4/02 - Records only go back to 1989 - not resurfaced since then. It is falling apart and
needs reconstruction including a new base and curb in many places. . . it is in our plans to
address soon.
1/22/03 probably won't be until early 2004
5/12/04 Probably build late 2005
8/12/04 Interim evaluation promised - full rebuild now not until 2008-2009.
I 1/8/04 Will not do any interim repair.
11/29/04 Beach Walk construction completion 11/08 - does not include any area south of
the Bayway Blvd intersection.
Additional Information
1. South Gulfview is in the heart of the tourist district on Clearwater Beach.
2. Other tourist destinations around the state have invested in renovations of their
street infrastructure (Atlantic Beach, St. Pete Beach, Daytona Beach, etc.)
3. In addition to the roadbed the streetlights in this area have numerous temporary
overhead power feeds, although they were designed for underground power.
4. In Mr. Home's 2003 performance review, Commissioner Jonson listed three goals
for the City Manager that are the most important targets for the next year - one
was "Completing the infrastructure street maintenance project on South Gulfview
along Clearwater Pass."
5. South Gulfview is included on Diane Steinle's Pinellas County Four Worst Road
Conditions.
Ouestions:
1. What is the current plan for reconstruction of South Gulfview between Bayway
and the Sand Key Bridge?
2. Are there alternatives that could consolidate this reconstruction with other
elements of the Beach Walk projects?
3. Would these alternatives reduce the total cost or shorten the construction
window?
Phillips, Sue
From:
Sent:
To:
Cc:
Subject:
Importance:
Johnson, Gary
Tuesday, December 11, 2001 10:27 AM
Phillips, Sue; Wilson, Denise A
Arasteh, Mahshid; Quillen, Michael; Boler, Ray
FW: Commissioner Request
11/
High
Sue - There are no provisions on the current contract for any of the streets on the south beach. If there is a particular
to we could look at that area and possibly add it to the contract if we
Thanks - Gary
If~ ~-4-
----Original Message--
From: Phillips, Sue
Sent: Tuesday, December 11, 2001 8:45 AM
To: Manni, Diane
Subject: Commissioner Request
Importance: High
Diane, this is a reminder on Denise's previous request - eM needs for his mtg w/Commissioner.
South Beach Street Status: Is this area not included in the sidewalk and curb plans?
(Seems like something that we could do that would not require a lot of resources. Cooperate with the
business to do landscaping - especially with the reclaimed water in place."
1
/'
;enise A.
~/ i~.z
;abject:
Manni, Diane
Friday, June 07,20023:40 PM
Wilson, Denise A.
FW: Commission Request
-----Original Message-----
From: Quillen, Michael
Sent: Tuesday, June 04, 2002 9: 13 AM
To: Manni, Diane
Cc: Guercia, Robert
Subject: FW: Commission Request
It may have been resurfaced by the County sometime since 1989. We are planning to include it in our next resurfacing
contract which will include most of the beach, but due to the extent of work required it may have to be a separate project.
Either way, it is in our plans to address soon.
-----Original Message-----
From: Guercia, Robert
Sent: Tuesday, June 04, 2002 9:04 AM
To: Quillen, Michael
Cc: Manni, Diane
Subject: RE: Commission Request
Our resurfacing map goes back to 1989 and it does not show that S. Gulf View has been resurfaced. However, I must
caution that this portion of roadway needs more than just resurfacing. It is falling apart and needs reconstruction
including new base and curb in many places.
Robert F. Guercia
727 -562-4778
----Original Message---
From: Quillen, Michael
Sent: Tuesday, June 04, 20028:57 AM
To: Guercia, Robert
Cc: Manni, Diane
Subject: FW: Commission Request
Could you please answer this. Thanks. M.a.
-----Original Message--h'
From: Manni, Diane
Sent: Tuesday, June 04, 2002 8:46 AM
To: Johnson, Gary
Cc: Quillen, Michael; Boler, Ray
Subject: RE: Commission Request
Thanks, Gary. Mike, should I ask Robert?
-----Original Message-m-
From: Johnson, Gary
Sent: Tuesday, June 04, 20028:34 AM
To: Manni, Diane
Cc: Quillen, Michael; Boler, Ray
Subject: RE: Commission Request
The answer would have to come from one of Mike's folks, possibly Robert Guercia. Ray Boler remembers that it
was resurfaced but it has been awhile and it could have been the county as that was a county road until we took it
over a few years ago.
Wils~ Denise A.
~
From: Quillen, Michael
Sent: Wednesday, January 22, 2003 1 :05 PM
To: Manni, Diane; Johnson, Gary; Wilson, Denise A
Cc: Arasteh, Mahshid; Bahnick, Glen
Subject: RE: Commission Request
The portion of S. Gulfview from the roundabout to Hamden is not scheduled for resurfacing until Beach Walk is constructed.
43
Page 1 of:
Ij;l (~
Currently the plans for the remainder on south beach, plus Bayway Blvd. are that it is a candidate for a comprehensive
resurface, curb & sidewalk project. When the Beach Walk design is done it will include some recommended sidewalk
improvements in this area. When we have this information weare going to proceed with the project. Actual construction will
have to be coordinated with Beach Walk & probably won't be until early 2004.
-----Original Message-----
From: Manni, Diane
Sent: Tuesday, January 21, 2003 8:50 AM
To: Johnson, Gary
Cc: Quillen, Michael
Subject: RE: Commission Request
Thanks, Gary.
-----Original Message-----
From: Johnson, Gary
Sent: Monday, January 20, 2003 1:21 PM
To: Manni, Diane
Cc: Quillen, Michael
Subject: RE: Commission Request
..
Mike will have to answer this one as engineering puts the resurfacing contract together.
Thanks -
Gary
-----Original Message-----
From: Manni, Diane
Sent: Friday, January 17, 2003 2:59 PM
To: Johnson, Gary
Subject: FW: Commission Request
Importance: High
Gary, would you please respond and copy MA or me? Thanks.
-----Original Message-----
From: Wilson, Denise A.
Sent: Friday, January 17, 2003 2:41 PM
To: Arasteh, Mahshid
Cc: Manni, Diane
Subject: Commission Request
Importance: High
Bill received a request from a Commissioner regarding resurfacing of South Gulfview resurfacing. The
Commissioner attending the Regional Beach Chamber a nd the Public Works staff gave an update on
projects on the beach., The normal resurfacing of South Gulfview was not included in the presentation. His
question was "when is this scheduled - he thought it was scheduled for 2003?"
1 /22/2003
1 if) 1
I Jonson, William
From: Wilson, Denise
Sent: Monday, November 22,20044:39 PM
To: Jonson, William
Subject: FW: Councilmember Question #8
-----Origi nal Message-----
From: Manni, Diane
Sent: Wednesday, May 12,2004 9:29 AM
To: Wilson, Denise
Subject: RE: Coundlmember Question #8
And here is the answer. My apology, this one was misdirected.
Conceptual sidewalk/pedestrian design is included in Beach Walk design work order. Design will
be complete January 2005, then 6 months for construction plans. Probably built late 2005.
-----Original Message-----
From: Wilson, Denise
Sent: Wednesday, May 12, 2004 9:16 AM
To: Manni, Diane
SUbject: FW: Councilmember Question #8
Here was the question.
Denise
-----OriginaJ Message-----
From: Phillips, Sue
Sent: Thursday, April 29, 2004 2:46 PM
To: Arasteh, Mahshid
Cc: Manni, Diane; Wilson, Denise
Subject: Councilmember Question #8
Do we have a schedule for the renovation of South Gulfview in the Clearwater Pass area
as yet?
Please provide your response to Denise no later than Wednesday afternoon, May 5th.
I Jonson, William
From: Wilson, Denise
Sent: Friday, November 12,20041:14 PM
To: Jonson, William
Subject: FW: Councilmember Request
How about the 29th right after Work Session? I can do this earlier but not sure if you want
to have this the week of 111anksgiving?
Denise
-----Original Message-----
From: Horne, William
Sent: Tuesday, November 09,2004 5:38 PM
To: Jonson, William
Cc: Wilson, Denise
Subject: RE: Coundlmember Request
Councilmember Jonson,
Sure. I'll have Denise set up a time we can do it.
Bill Home
-----Original Message-----
From: Jonson, William
Sent: Tuesday, November 09,2004 1:02 PM
To: Horne, William
Subject: FW: Council member Request
Bill,
Can I take you out there and show you the street?
Bill Jonson
Clearwater City Councilman
---Original Message----
I From: Wilson, Denise
Sent: Tuesday, November 09, 2004 11 :26 AM
To: Jonson, William
Cc: Blunt, Betty
Subject: FW: Council member Request
Per your request.
Denise
-----Original Message-----
From: Manni, Diane
Sent: Monday, November 08, 20043:47 PM
To: Wilson, Denise
Cc: Arasteh, Mahshid
Subject: FW: Council member Request
II ji/'o '-/
We determined that there is no interim repair that can be done. The entire project was going
to happen after Beach Walk, but now we are going to include the section of Gulfview between
Beach Walk & Harnden as an alternate in the Beach Walk bid. ~-/I-----
~~ ~~
SE a:{ fJ
-----Original Message----
From: Wilson, Denise
Sent: Monday, November 08,2004 3:09 PM
To: Arasteh, Mahshid
Cc: Manni, Diane
Subject: Councilmember Request
Importance: High
The City Manager received a request from a Councilmember regarding
road condition of South Gulfview. The Councilmember was advised that
Pubic Works would evaluate the road condition of South Gulfview (near
the miniature golf course) for interim repairs. His questions are was this
done and is anything planned?
Please provide me your response by Monday, November 15th.
Thanks.
Denise
January 18, 2004
COPIES TO
CITY COUNCIL
JAN 20 2005
PRESS
CLERK/ATTORNEY ~.
Members of the Clearwater City Council
City Hall
112 South Osceola Avenue
Clearwater, Florida 33756
Dear Council Members,
It was brought to my attention recently that there was some concern regarding my
residency within the Clearwater city limits. Let me assure you emphatically, I am a
resident of the city of Clearwater. I have been so since 1999 and will continue to be a
resident as long as I can make those decisions myself.
The rumor that I may not be a resident was started by one of the opponents to my
development called the Ashleigh Terrace. Council Member Jonson heard that rumor and
investigated it by checking the files at the COUIity Property Appraiser's office. During his
investigation he found an application for Homestead Exemption for a property in
Dunedin. He turned this over to the City Attorney's office who promptly contacted me to
verify my residency.
I explained that I reside in a house at 1925 Edgewater Drive which is attached to the Bay
Queen Motel. I have lived there since 1999. The motel and attached house is owned by
my corporation 1925 Edgewater Drive, Inc and is therefore not eligible for homestead
exemption. I further explained that in January 2004 my wife, Terri Dennehy, purchased a
home in Dunedin. She chose to do this because living at a motel is very taxing on a
person's mental state of health and, at the time, Terri's state of mind was very fragile.
Those that I call close friends can verify this. The Dunedin house was her "escape pod"
from the midnight doorbells and occasional guest lockout at 3:00 am. She would often
spend the weekends there. The 'weekends became longer and very quickly the Dunedin
house became her primary residence. But it was hers alone. Although I am listed as a
,second owner I have never established my residence there. Only if I am a good boy
during the week am I allowed into the "escape pod" on weekends.
The County Appraiser's office has an investigation unit of which Daryl May is the
Director of Investigations. He took it upon himself to verify my residence by checking
my voting record, driver's license and a site inspection. He concluded that I am a resident
at 1925 Edgewater Drive, Clearwater. He also corrected the homestead exemption
application for the Dunedin house to reflect that I am listed as a "second owner not
1925 Edgewater Drive Clearwater Florida 33755
727-441-3295
residing at the property". I have attached a copy of the final application that is part of the
permanent records at the County Property Appraisers office.
I hope this will put to rest the rumors and if anything else comes up that questions my
qualifications to continue to serve this city I hope you will allow me to address it directly.
Thank you.
"L~
Daniel Dennehy ~
1925 Edgewater Drive Clearwater Florida 33755
727-441-3295
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