02/17/2005
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City Council Agenda
Date: 02/17/2005 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:
5 Presentations:
5.1 Key to the City to Willa Carson
6 Approval of Minutes
6.1 City Council - February 3, 2005
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 reasonsfor recommendation (2 minutes).
Applicant presents case, including its testimonyand exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. Ma~e cross-examined (10 minutes).
Public comment (3 minutes per speakeror 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, andmay question any witness.
Applicant may call witnessesin rebuttal (5 minutes).
Conclusion by applicant(3 minutes).
Decision.
8.1 APPROVE the Annexation, Land Use Plan Amendment from the Residential Suburban
(R-S) category to the Residential Low (RL) category, Zoning Atlas Amendment from the
R-R, Rural Residential District (County), Commercial (C) District (City of Clearwater)
and Open Space/Recreation (OS/R) District (City of Clearwater) to the Low Medium
Density Residential District (LMDR) (City) and a Development Agreement between
LaSalle Realty, LLC and the City of Clearwater for property located at 25191 U.S.
Highway 19 North.
See attached Cover Memo for full Subject/Recommendation
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 Deny a development agreement between K & P Clearwater Estate, LLC (the property
owner) and the City of Clearwater and deny Resolution No. 04-39.
9.2 Deny the applicant's request to vacate a portion of 60-foot street right-of-way of First
Street beginning at the northwest corner of Lot 48 of L1oyd-White-Skinner Subdivision
(A.KA 100 Coronado Drive) and more particurlarly described in Exhibit "A" attached,
subject to specified conditions, and deny Ordinance Number 7371-05 on first reading,
(V2004-02 K and P Clearwater Estate, LLC),
9.3 Deny the applicant's request to vacate two portions of South Gulfview Boulevard, one
being located along the north property line of Lot 1, Block A, Columbia Subdivision
(A.KA 100 Coronado Drive) and the other adjacent to the west lot lines of Lots 44, 48
and 52 through 55 inclusive, said right-of-way portions being more particularly
described in Exhibit "A" attached, subject to specified conditions and deny Ordinance
Number 7372-05 on first reading, (VAC 2004-04 K and P Clearwater, LLC),
10 Second Readings - public hearing
10.1 ADOPT Ordinance No.7 400-05 on second reading, amending Ordinance No. 6779-01
as amended by Ordinance No. 7350-04, vacating the 60 foot right of way of Third
Street (AKA Third Ave.), bounded on the East by the westerly right of way line of
Coronado Dr. and bounded on the West by the easterly right of way line of South
Gulfview Blvd., subject to special conditions, amending the special conditions.
10.2 ADOPT Ordinance No.7 401-05 on second reading, amending Ordinance No. 6780-01
as amended by Ordinance No. 7351-04, vacating the east 35 feet of the 70 foot right of
way of Gulfview Blvd., bounded on the North by the westerly extension of a line parallel
to and 20 feet north of the northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner
subdivision, and bounded on the South by the westerly extension of the south lot line
of Lot 59 of said L1oyd-White-Skinner subdivision, subject to special conditions,
amending the special conditions.
City Manager Reports
11 Consent Agenda
11.1 Declare five 2004 Harley-Davidson Police motorcycles surplus to the needs of the City
and authorize disposal through trade-in; and authorize purchase of five 2005
Harley-Davidson FLHPI motorcycles from Fletcher's Harley-Davidson/Buell,
Clearwater, Florida, at a net cost of zero, and that the appropriate officials be
authorized to execute same.
11.2 Accept a Natural Gas Utility Easement, five feet wide, along the eastern property line of
20116 Gulf Boulevard, from Curtis and Kathleen Westphal, d/b/a D&W Sun "N" Fun
Motel Apartments, in consideration for $12,500.
11.3 Award a contract to Synergen, Inc., of Walnut Creek, CA in the amount of $338,765.00
for professional services to implement Phase II of an electronic Asset Management
System and authorize the appropriate officials to execute same.
11.4 Approve a Revocable Permit with Quality Boats for three mooring buoys at Island
Estates for a rental fee of $2,755.08 per year and authorize the appropriate officials to
execute same.
11.5 Approve funding for the development of the Myron A. Smith Bayview Park by
transferring $200,000 of funds at first quarter from the unappropriated retained
earnings of the General Fund to Capital Improvement Project 315-93129, Bayview
Park, and approve amending the Capital Improvement Plan to include Bayview Park
Development as a Capital Improvement Project for FY 2004/05.
11.6 Accept a 9 square foot sign easement over and across a portion of Lot 3, T. H.
KINGSTON, RE-SUBDIVISION, conveyed by Glen Stilo, as Trustee, Church of
Scientology Religious Trust, in consideration of receipt of $1.00 and the benefits to be
derived th rerefrom.
11.7 Accept a blanket water main and utility easement conveyed by Our Lady of Divine
Providence, House of Prayer, Inc. over and across portions of MYRON A. SMITH'S
BAYVIEW SUBDIVISION as more particularly described therein, in consideration of
receipt of $1.00 and the benefits to be derived therefrom.
11.8 Award a contract for the General Services Storage Building (04-0024-GS) to R. Kruger
Construction Company, Inc., of Oldsmar, Florida for the sum of $328,673.40 which is
the lowest responsible bid received in accordance with the plans and specifications,
and authorize the appropriate officials to execute same.
11.9 Appoint Douglas J. Booher to the Neighborhood and Affordable Housing Advisory
Board in the City Resident category with the term expiring on April 30, 2006.
11.10 Appoint Kelly Sutton to the Municipal Code Enforcement Board, in the Engineer
category, with the term expiring on February 28, 2008.
11.11 Approve the 2005 Federal Legislative Package
11.12 Authorize the City Attorney's Office to appeal the decision in Williamson v. City of
Clearwater and Charles Esposito, Case No. 99-8583-CI-07.
Purchasing
11.13 Purchase contract for Gas Materials - 2406 PE Pipe during the contract period March
1,2005 through February 28,2006, from M T Deason Company Inc., Birmingham,
Alabama, in an amount not exceed $350,000.
11.14 Liquid polymer - Ratify and Confirm an increase of $54,000 and approve an additional
increase of $56,000, for a total increase of $110,000 ($330,000 to $440,000), to the
award to Polydyne Inc., Riceboro, Georgia, for the purchase of liquid polymer to be
utilized during the remaining period of the contract ending May 19, 2005.
11.15 Reimburse Infinity Broadcasting, Saint Petersburg, Florida, fees collected for special
events and concerts during the period: April 1 , 2005 through March 31, 2006, at a cost
not to exceed $300,000.
11.16 Reimburse Cox Radio Tampa Bay, Saint Petersburg, Florida, fees collected for special
events and concerts during the period: April 1 , 2005 through March 31, 2006, at a cost
not to exceed $300,000.
12 Other items on City Manager Reports
12.1 Adopt Resolution 05-06, which endorses the application for Project 010605 and
commits the City of Clearwater to refund 10% of the eligible tax refund upon
certification by Enterprise Florida, Authorize the appropriate officials to execute same
and authorize funding in the amount of $13,500 for the City's commitment to this
project.
12.2 Award a contract to Alan Jay Automotive Network for the purchase of one 2005
Chevrolet 3500 1-ton Utility Truck, at a cost of $23,537 in accordance with section
2.564(1)(d)-Florida Sheriffs Association & Florida Association of Counties Contract
#04-12-0823 and authorize lease purchase under the City's Master Lease Purchase
agreement.
12.3 Approve an Interlocal Agreement for Planning Services with the Pinellas Planning
Council March 1, 2005 - September 30, 2007 and authorize the appropriate officials to
execute same.
12.4 Adopt Resolution 05-09, supporting the Florida League of Cities' growth management
initiatives during the 2005 State Legislative Session.
12.5 Adopt Resolution 05-10, endorsing recommendations from the Pinellas Assembly that
are found to be "Areas of Agreement" and adopt Resolution 05-11 agreeing in concept
to recommendations from the Pinellas Assembly found to be "Areas for further
Discussion."
12.6 IAFF Union negotiations update.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
CITY OF CLEARWATER
I nterdepartmental Correspondence
TO: Mayor and Councilmembers
FROM:
Cyndie Goudeau, City Clerk -<::t;B
SUBJECT: Follow up from February 15, 2005 Work Session
COPIES:
William B. Horne, City Manager
DATE:
February 16, 2005
The following information is provided:
Revised Council Meetinq Aqenda, Item 9.3 brought forward to 9.1.
Item #9.1 - Development agreement between K & P Clearwater Estate LLC (the property
owner) and the City of Clearwater.
Information regarding total square footage of proposed structure will be provided at the
Council Meeting.
Item #11.8 - Award a contract for the General Services Storage Building.
The unrestricted net assets (retained earnings) of the Garage Fund are presently $2.4 million,
or 25% of the Garage Fund 2005 adopted budget of $9,475,360.
The unrestricted net assets (retained earnings) of the General Services Fund are presently
$599,000, or 17% of the General Services Fund 2005 adopted budget of $3,491 ,960.
Both operations are very healthy.
Item #11.14 - Liquid polymer -Increase the award by $110,000.
Please refer to the following response from Andrew Neff.
-----Original Message-----
From: Neff, Andrew
Sent: Tuesday, February 15, 2005 3:07 PM
To: Goudeau, Cyndie
Subject: WPC Polymer Purchase Item
Review of the circumstances concerning the polymer purchase item has revealed this item is
in fact a ratify and confirm. We made about $54,000 in polymer purchases since December
when the original BPO ran out of funds. We also need sufficient funding in place for the new
bid timeline.
We ran low on polymer due to a number of pilot projects we undertook to reduce THMs, more
wet weather than anticipated (higher flows) and for use in preparation for digester cleanings.
The reason this occurred was due to the three wastewater treatment plants ordering polymer
without closing the loop with our financial people. We are working to put improved
procedures in place and those directly involved understand the importance of using proper
financial controls. We are also checking to determine if we have anything else that may fall
into this category. I accept full responsibility for this problem.
Item 11 .11 - Approve the 2005 Federal Legislative Package.
Updated information substituted in agenda packets to incorporate requested revisions.
Item 11.12 - Authorize the City Attorney's Office to appeal the decision in Williamson v. City
of Clearwater and Charles Esposito, Case No. 99-8583-CI-07.
New item - information provided in agenda packets.
Item 12.2 - Award a contract for the purchase of one 2005 Chevrolet 3500 Utility Truck.
New item - information provided in agenda packets.
Item 12.3 - Approve an Interlocal Agreement for Planning Services.
New item - information provided in agenda packets.
Ptu-\
City Council
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Tracking Number: 1,116
Actual Date: 02/17/2005
Subject / Recommendation:
APPROVE the Annexation, Land Use Plan Amendment from the Residential Suburban (R-S)
category to the Residential Low (RL) category, Zoning Atlas Amendment from the R-R, Rural
Residential District (County), Commercial (C) District (City of Clearwater) and Open
Space/Recreation (OS/R) District (City of Clearwater) to the Low Medium Density Residential
District (LMDR) (City) and a Development Agreement between LaSalle Realty, LLC and the City of
Clearwater for property located at 25191 U.S. Highway 19 North.
See attached Cover Memo for full Subject/Recommendation
Summary:
See attached Cover Memo
Originatino: Planning
Section: Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Public Hearino: Yes
Advertised Dates: 01/02/2005
02/13/2005
Financial Information:
Review Approval
Leslie Douoall-Sides
01-28-2005
09:28:20
Bill Horne
02-08-2005
10:10:12
Cvndie Goudeau
02-08-2005
10:14:18
Garry Brumback
02-07-2005
12:40:28
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item #
Meeting Date: 02-17 -05
SUBJECTIRECOMMENDATION:
APPROVE the Annexation, Land Use Plan Amendment from the Residential Suburban (R-S) category to the
Residential Low (RL) category, Zoning Atlas Amendment from the R-R, Rural Residential District (County),
Commercial (C) District (City of Clearwater) and Open Space/Recreation (OS/R) District (City of Clearwater)
to the Low Medium Density Residential District (LMDR) (City) and a Development Agreement between
LaSalle Realty, LLC and the City of Clearwater for property located at 25191 U.S. Highway 19 North
(consisting of three parcels of land including Lots 1 through 9 and Lots 24 through 32 Block 35, Chautauqua "On
the Lake" Unit No.3, Section A and Lots 1 through 7 and Lots 26 through 36, Chautauqua Subdivision, Unit 1,
section A together with the vacated right-of-way adjacent thereto in Section 32, Township 28 South, Range 16 East)
and PASS Ordinance No. 7356-05 to annex this property on first reading, PASS Ordinance Nos. 7357-05,
7358-05,7386-05 & 7387-05 to amend the Future Land Use Plan Map and Zoning Atlas amendment on first
reading and PASS Resolution No. 05-08 to approve the Development Agreement for this property.
(ANX2004-08013, LUZ2004-08006 and
DV A2004-00003)
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
The subject site is comprised of three parcels of land totaling 4.28 acres in area. It is located at the western
terminus of Chautauqua Avenue approximately 550 feet east of U.S. Highway 19 North. The annexation, land
use plan amendment and rezoning is requested by the applicant, LaSalle Realty, LLC., who intends to construct
a non-residential off-street parking lot to service the existing car dealership (Dimmitt Cadillac) located to the
west of the subject site. The applicant is requesting this annexation in order to consolidate the entire property
within a single municipality. The applicant does not currently receive nor need water or sewer service from the
City of Clearwater at this time as the existing and proposed use of the site is a parking lot. The applicant is
aware of the costs to extend service to this site, as well as the applicable impact fees and utility deposits in the
event service is ever needed.
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.
N/A
Costs
Reviewed by:
Legal
Info Srvc
Total
Budget
Purchasing
Risk Mgmt
Current FY
Funding Source:
CI
OP
N/A
N/A
N/A
Public Works
DCM/ACM
Other
N/A
Attachments: Ordinance Nos.
7356-05,7357-05,7358-05,
7386-05 & 7387-05;
Resolution No. 05-08
STAFF REPORTS
Other
o None
Appropriation Code:
r--- - _
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan, the Community Development Code and Pinellas County and Florida Law.
. The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and eliminates an enclave.
Please refer to the attached annexation (ANX2004-080 13) report for the complete staff analysis.
This annexation has been reviewed by the Pinellas Planning Council (PPe) and Pinellas County staffs
according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have
been raised.
The applicant is requesting to amend the Future Land Use Plan Map designation for this 4.28-acre site from R-
R, Residential Suburban (County) to Residential Low (RL) (City) and to rezone it from the R-R, Rural
Residential District (County), Commercial (C) District (City of Clearwater) and Open Space/Recreation (OS/R)
District (City of Clearwater) it to the Low Medium Density Residential (LMDR) zoning district.
The Planning Department determined that the proposed land use plan amendment and rezoning applications are
consistent with the following standards specified in the Community Development Code:
. The proposed land use plan amendment and rezoning application are consistent with the
Comprehensive Plan.
. The proposed use is compatible with the surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural environment.
Please refer to the attached land use plan amendment and rezoning (LUZ2004-08006) report for the complete
staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the
Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning
Authority. Review and approval by the Florida Department of Community Affairs is not required.
The applicant is requesting approval of a Development Agreement in conjunction with the proposed land use
plan amendment which limits the use of the property located at 25191 U.S. Highway 19 North within the Low
Medium Density Residential (LMDR) District as a non-residential off-street parking facility. The development
agreement will restrict the use of the subject site for 10 years and addresses landscaping, the use of loud
speakers, the parking of certain vehicles and lighting.
The Planning Department determined that the proposed Development Agreement is consistent with the City's
Comprehensive Plan.
Please refer to the attached development agreement (DV A2004-00003) report for the complete staff analysis.
The Community Development Board reviewed these applications at its public hearing on January 18, 2005 and
unanimously recommended approval of all three applications.
s: IPlanning DepartmentlC D BlAnnexations IANX - 20041ANX2004-080 13 25/91 US /9 N Dimmett Cadillac1ANX2004-080 13; LUZ2004-08006; D V A2004-00003 CC
cover memo. doc
ORDINANCE NO. 7356-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550
FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF
LOTS 1 TO 9, LOTS 24 TO 32, BLOCK 35, CHAUTAUQUA ON
THE LAKE UNIT NO.3, SECTION A, LOTS 1 THROUGH 5 AND
LOTS 26 THROUGH 32, BLOCK 36, CHAUTAUQUA
SUBDIVISION, UNIT 1. SECTION A, WHOSE POST OFFICE
ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2004-08013)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements. parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto. with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption. and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 735€Hl5
1____
ORDINANCE NO. 7357-05
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 AT THE
TERMINUS OF CHAUTAUQUA AVENUE APPROXIMATELY 550
FEET EAST OF U. S. HIGHWAY 19 NORTH, CONSISTING OF
LOTS 1 TO 9, LOTS 24 TO 32, BLOCK 35, CHAUTAUQUA ON
THE LAKE UNIT NO.3, SECTION A, LOTS 1 THROUGH 5 AND
LOTS 26 THROUGH 32, BLOCK 36, CHAUTAUQUA
SUBDIVISION, UNIT 1, SECTION A, WHOSE POST OFFICE
ADDRESS IS 25191 U.S. HIGHWAY 19 NORTH, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW AND WATER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater. as follows:
Property
See attached legal description
(ANX2004-08013)
Land Use Cateaorv
Residential Low and Water
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. 7356-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
~
Ordinance No. 7357-05
ORDINANCE NO. 7358-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE TERMINUS OF
CHAUTAUQUA AVENUI;: APPROXIMATELY 550 FEET EAST OF
U. S. HIGHWAY 19 NORTH, CONSISTING OF LOTS 1 TO 9,
LOTS 24 TO 32, BLOCK 35, CHAUTAUQUA ON THE LAKE UNIT
NO.3, SECTION A, LOTS 1 THROUGH 5 AND LOTS 26
THROUGH 32, BLOCK 36, CHAUTAUQUA SUBDIVISION, UNIT
1, SECTION A, WHOSE POST OFFICE ADDRESS IS 25191 U.S.
HIGHWAY 19 NORTH, 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
See legal description attached hereto
(ANX2004-08013)
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. 7356-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7358-05
ORDINANCE NO. 7386-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE TERMINUS OF CHAUTAUQUA AVENUE
APPROXIMATELY 550 FEET EAST OF U. S. HIGHWAY 19
NORTH, CONSISTING OF A PORTION OF SECTION 32.
TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY,
WHOSE POST OFFICE ADDRESS IS 25191 U.S. HIGHWAY 19
NORTH, FROM RESIDENTIAL SUBURBAN AND WATER TO
RESIDENTIAL LOW AND WATER; 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 as follows:
Propertv
See legal description attached hereto
(LUZ2004-08006)
Land Use CateQorv
From: Residential Suburban and Water
To: Residential Low and Water
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, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189. Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7386-05
ORDINANCE NO. 7387-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED AT THE TERMINUS OF
CHAUTAUQUA AVENUE APPROXIMATELY 550 FEET EAST OF
U. S. HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF
SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, WHOSE POST OFFICE ADDRESS IS
25191 U.S. HIGHWAY 19 NORTH, FROM COMMERCIAL (C) AND
OPEN SPACE/RECREATION (OS/R) TO LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the zoning atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
(LUZ2004-08006)
Zonina District
From: Commercial (C) and Open Space/Recreation
(OS/R)
To: Low Medium Density Residential (LMDR)
Propertv
See legal description attached
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, subject to the
approval of the land use designation set forth in Ordinance 7376-05 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida. as appropriate.
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7387-05
l
RESOLUTION NO. 05-08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND LASALLE
REALTY, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with LaSalle Realty, 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 LaSalle
Realty, 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:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05- 08
~~ ~LD-\
RZ.,8,1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated ,
2005, effective as provided in Section 5 of this Agreement, and entered into between
LASALLE REALTY, LLC, a Florida limited liability company ("OWNER"), and the CITY
OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting
through its City Council ("COUNCIL"), the governing body thereof ("CITY").
R E C! I A 1: s:
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("ACT"), authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. Under Section 163.3223 of the ACT, the CITY has adopted Section 4-606
of the City of Clearwater Community Development Code ("CODE"), establishing
procedures and requirements to consider and enter into development agreements.
C. OWNER owns approximately 3.66 acres of real property ("PROPERTY")
located in unincorporated Pinellas County, Florida, more particularly described on
Exhibit "A" attached hereto and incorporated herein.
D. OWNER or its successor, desires to develop and use the Property for non-
residential parking serving the OWNER'S adjacent automobile dealership, located in the
City limits at 25191 U.S. Highway 19 North, Clearwater, Florida, which development
shall generally conform to the concept plan ("CONCEPT PLAN") shown on Exhibit "B"
attached hereto and incorporated herein.
E. The PROPERTY currently has a land use designation of Residential
Suburban and is zoned "RR" in Pinellas County.
F. In order to use the PROPERTY as non-residential parking, OWNER has
requested that the CITY (i) annex the PROPERTY, (ii) rezone the PROPERTY LMDR, (iii)
place a land use designation of Residential Low (5.0 units/acre) on the PROPERTY and
(iv) approve a Flexible Development Application to allow non-residential off-street
parking on the PROPERTY.
G. The CITY and OWNER have determined that it would be mutually beneficial
to enter into a development agreement governing the matters set forth herein and have
negotiated this AGREEMENT in accordance with the CODE and the ACT.
H. The CITY has found that the terms of, and future development orders
associated with, this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the ACT, agree as follows:
SECTION 1. RECITALS
AGREEMENT.
The above recitals are true and correct and are a part of this
SECTION 2. INCORPORATION OF THE ACT This AGREEMENT is entered into in
compliance with and under the authority of the CODE and the ACT, the terms of which as
of the date of this AGREEMENT are incorporated herein by this reference and made a part
of this AGREEMENT. Words used in this AGREEMENT without definition that are defined in
the ACT shall have the same meaning in this AGREEMENT as in the ACT.
SECTION 3. PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this
AGREEMENT.
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by OWNER.
SECTION 5. EFFECTIVE DATE/DuRATION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and shall be
contingent upon
5.1.1 Obtaining final approval, and effectiveness of annexation of the PROPERTY
into the City with a land use designation of Residential Low and a zoning designation of
LMDR and flexible development approval to allow non-residential off-street parking as
requested on the PROPERTY.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten (10) years.
SECTION 6. OBLIGATIONS UNDER THIS AGREEMENT
6.1 Obliqations of the OWNER
6.1.1. Bindinq Obliqations The obligations under this AGREEMENT shall be
binding on OWNER, its successors or assigns.
6.1.2. Development Review Process At the time of development of the
PROPERTY, OWNER will submit such applications and documentation as are required by
law and shall comply with the City's CODE applicable at the time of development review.
2
6.1.3. Development Restrictions
development of the PROPERTY:
The following restrictions shall apply to
6.1.3.1 The PROPERTY shall be developed substantially in
conformance with the CONCEPT PLAN. The population density, building intensity and
building heights are not required to be shown on the CONCEPT PLAN because the project
is a parking area.
6.1.3.2
street parking.
The PROPERTY shall be used solely for non-residential off-
6.1.3.3 OWNER shall maintain 25' landscape buffers around the
perimeter of the site as shown on the CONCEPT PLAN.
6.1.3.4
The use of loud speakers on the PROPERTY shall be
prohibited.
6.1.3.5 Parking of vehicles associated with the service department
on the PROPERTY shall be prohibited.
6.1.3.6 Lighting on the PROPERTY shall be designed and directed in
such a manner that light does not intrude beyond the PROPERTY.
6.1.4 Recordino of Deed Process Prior to issuance of the first building
permit for the PROPERTY, Owner shall record a deed restriction encumbering the
PROPERTY, which deed restriction shall be approved as to form by the City Attorney
(which approval shall not be unreasonably withheld) and which will generally describe
the development limitations of this AGREEMENT. The deed restriction shall be perpetual
and may be amended or terminated only with the consent of the CITY, which consent
shall not be unreasonably withheld.
6.2. Oblioations of the Citv
6.2.1 Concurrent with the approval of this AGREEMENT, the COUNCIL shall
promptly process amendments to the land use plan and zoning
designation for the PROPERTY as set forth in Recital F above, all in
accordance with the CODE..
6.2.2 CITY will promptly process site and construction plan applications for
the PROPERTY that are consistent with the Comprehensive Plan and
the CONCEPT PLAN and that meet the requirements of the CODE.
6.2.3 The final effectiveness of the redesignations referenced in Section
6.2.1. is subject to:
6.2.3.1
The provisions of Chapter 166 and 163, Florida Statutes, as
3
they may govern such amendments; and
6.2.3.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
SECTION 7. PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below.
Development of the PROPERTY will be governed by the concurrency ordinance
provisions applicable at the time of development approval. With respect to
transportation, the concurrency provisions for the proposed development have been
met. There are no new public facilities required to be constructed by the OWNER which
would require a form of guarantee of payment.
7.1. Potable water is available from the CITY. The OWNER shall be responsible for all
necessary main extensions and applicable connection fees.
7.2. Sewer service is currently provided by the CITY. The OWNER shall be responsible
for all necessary main extensions and applicable connection fees.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the PROPERTY will be provided by OWNER.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include, without limitation, the
following:
8.1. Site plan approval(s) and associated utility licenses and right-of-way utilization
permits;
8.2. Construction plan approval(s);
8.3. Building permit(s); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan.
SECTION 10. TERMINATION
10.1. If OWNER'S obligations set forth in this AGREEMENT are not followed in a timely
manner, as determined by the City Manager, after notice to OWNER and an opportunity
to be heard, existing permits shall be administratively suspended and issuance of new
permits suspended until OWNER has fulfilled its obligations. Failure timely to fulfill its
4
obligations may serve as a basis for termination of this AGREEMENT by the CITY, at the
discretion of the CITY and after notice to OWNER and an opportunity for OWNER to be
heard.
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this
AGREEMENT, the PROPERTY shall not be subject to downzoning, unit density reduction, or
intensity reduction, unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information
provided by OWNER; or
11.1.3 That the change is essential to the public health, safety or welfare.
SECTION 12. COMPLIANCE WITH LAW The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve OWNER from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. NOTICES Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to OWNER:
LaSalle Realty, LLC
Attention: Richard R. Dimmitt
25191 U.S. Highway 19 North
Clearwater, FL 33763
With copy to:
E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut St.
Clearwater, FL 33756
If to CITY:
City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
P. O. Box 4748
Clearwater, FL 33756
5
Properly addressed, postage prepaid, notices or communications shall be
deemed delivered and received on the day of hand delivery, the next business day after
deposit with an overnight courier service for next day delivery, or on the third (3rd) day
following deposit in the United States mail, certified mail, return receipt requested. The
parties may change the addresses set forth above (including the addition of a
mortgagee to receive copies of all notices), by notice in accordance with this Section.
SECTION 14.
INTENTIONALLY OMITTED.
SECTION 15. MINOR NON-COMPLIANCE OWNER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such non-compliance, in
the judgment of the City Administrator, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. COVENANT OF COOPERATION The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this AGREEMENT and in achieving the completion of development of the
PROPERTY .
SECTION 17. ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. COMPLETION OF AGREEMENT Upon the completion of performance of
this AGREEMENT or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the CITY.
SECTION 19. ENTIRE AGREEMENT This AGREEMENT (including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such
Exhibits were set forth in full in the body of this AGREEMENT), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. CONSTRUCTION The titles, captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection
or provision of this AGREEMENT. Whenever the context requires or permits, the singular
shall include the plural, and plural shall include the singular and any reference in this
AGREEMENT to OWNER includes OWNER'S successors or assigns. This AGREEMENT was
the production of negotiations between representatives for the CITY and OWNER and the
language of the Agreement should be given its plain and ordinary meaning and should
not be construed against any party hereto. If any term or provision of this AGREEMENT is
susceptible to more than one interpretation, one or more of which render it valid and
enforceable, and one or more of which would render it invalid or unenforceable, such
6
term or provision shall be construed in a manner that would render it valid and
enforceable.
SECTION 21. PARTIAL INVALIDITY If any term or provision of this AGREEMENT or
the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this AGREEMENT, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and shall with the remainder of this AGREEMENT continue unmodified
and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
AGREEMENT upon fifteen (15) days notice to the other parties.
SECTION 22. CODE AMENDMENTS Subsequently adopted ordinances and codes
of the CITY which are of general application not governing the development of land shall
be applicable to the PROPERTY, and such modifications are specifically anticipated in
this AGREEMENT.
SECTION 23. GOVERNING LAW This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts,
all of which together shall continue one and the same instrument.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
7
WITNESSES:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
LASALLE REALTY, LLC
a Florida limited liability company
By:
Richard R. Dimmitt
Manager
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard, Mayor
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to Form:
Leslie Dougall-Sides, Asst. City Attorney
8
1m -
I
,
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
,2005, by Richard R. Dimmitt, as Manager of LASALLE REALTY, LLC,
a Florida limited liability company, on behalf of the corporation, who 0 is personally
known to me or who 0 produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
, 2005, by Frank Hibbard, as Mayor of the City of Clearwater, Florida,
who 0 is personally. known to me or who 0 produced
identification.
Notary Public
Print Name:
02108/05 12:20 PM
45147.108284
#326247 v3 - Northstar/Dev Agt
9
EXHIBIT "A"
ANNEXATION SITE
LOTS 1 TO 9 INCLUSIVE ANDS LOTS 24 TO 32 INCLUSIVE, BLOCK 35, CHAUTAUQUA "ON THE LAKE" UNIT NO.3, SEC. A,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 146, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA.
AND
LOTS 1 THROUGH 7 AND 26 THROUGH 32, BLOCK 36, CHAUTAUQUA SUBDIVISION, UNIT 1 SECTION A AS RECORDED IN
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH THAT PORTION OF VACATED FOURTH AVENUE SOUTH RIGHT-OF-WAY, AS RECORDED IN OFFICIAL
RECORDS BOOK 8304, PAGE 1130 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
LESS LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 8304, PAGE 1130 OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
BEING FURTHER DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 24, BLOCK 35, UNIT NO.3, SEC. A CHAUTAUQUA "ON THE LAKE" AS
RECORDED IN PLAT BOOK 9, PAGE 146, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG
THE EAST LINE OF SAID LOTS 24 AND 9, S 00001'23" E, 220.00 FEET TO THE SOUTH LINE OF SAID BLOCK 35; THENCE
ALONG SAID SOUTH LINE, N 89037'18" W, 410.01 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 35; THENCE
ALONG THE WEST LINE SAID BLOCK 35, N 00001'16" W, 220.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 35,
AND THE NORTH LINE LINE OF SAID BLOCK 35; THENCE ALONG SAID NORTH LINE, S 89037'17" E, 38.83 FEET TO THE
SOUTHERLY EXTENSION OF THE WEST LINE OF SAID BLOCK 36 UNIT 1, SEC. A CHAUTAUQUA "ON THE LAKE"; THENCE
ALONG SAID WEST LINE, N 00001'57" W, 259.70 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THIRD AVENUE SOUTH AS
RECORDED IN OFFICIAL RECORDS BOOK 8304, PAGE 1130; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, S
89040'51" E, 260.01 FEET TO THE WEST LINE OF A 60' RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 8304,
PAGE 1130; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S 00002'20" E, 259.97 FEET TO THE NORTH LINE OF SAID
BLOCK 35; THENCE ALONG SAID NORTH LINE, S 89037'18" E, 111.13 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.6217 ACRES, MORE OR LESS
Parcel Nos. 32/28/16/14940/035/0010,
32/28/16/14922/036/001 0
32/28/16/14940/035/0240
and
EXH I SIT "S"
[CONCEPTUAL PLAN]
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CDB Meeting Date: January 18. 2004
Case Number: ANX2004-080 13
Agenda Item: F-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
LaSalle Realty, LLC
REPRESENTATIVE:
E.D. Armstrong, III (Johnson, Pope, Bokor, Ruppel &
Bums, LLP,)
LOCATION:
25191 U.S. Highway 19 North
REQUEST:
Annexation of 3.66-acres to the City of Clearwater to be
included as part of a pending land use and zoning case
(LUZ2004-08006).
SITE INFORMATION
PROPERTY SIZE:
186,437 square feet or 4.28 acres of which 3.66 acres are
within unincorporated Pinellas County and the subject of
this annexation request
DIMENSIONS OF SITE:
519 feet wide by 440 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Non-residential off-street parking
Non-residential off-street parking
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS) (County)
Residential Low (RL) (City) (pending LUZ2004-08006)
ZONING DISTRICT:
Current District:
Proposed District:
R-R, Rural Residential (County)
Low Medium Density Residential (LMDR) (City) (pending
L UZ2004-08006)
Staff Report - Community Development Board - January 18,2004 - Case ANX2004-08013 Page 1
1-
EXISTING
SURROUNDING USES:
North: Vehicle sales and display/vacant
South: Vacant
East: Single-family residential
West: Vehicle sales and display
ANALYSIS:
This annexation involves 3.66 acres of a 4.28-acre property consisting of three parcels, located at
the terminus of Chautauqua Avenue approximately 550 feet east ofD.S. Highway 19 North. The
property is contiguous with the existing City boundaries on the south, east and west; therefore,
the proposed annexation will reduce an enclave and is consistent with Florida Statutes with
regard to voluntary annexation. The applicant is requesting this annexation in order for their
entire property to be within a single municipality.
A companion application to change the Future Land Use Plan category of the entire site from
Residential Suburban (RS) to Residential Low (RL), and to rezone it from Rural Residential (R-
R) (County) to the Low Medium Density Residential (LMDR) District is being processed
concurrently with this annexation request in LUZ2004-08006 (see agenda item F-2).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The applicant does not currently receive nor need water or sewer service from the City of
Clearwater at this time as the existing and proposed use of the site is a parking lot. If service is
needed in the future, both water and sewer service can be provided by the City of Clearwater and
capacity for the project is available from these utilities. The closest water line is located on the
east side of vacated Chautauqua Avenue approximately 150 feet of the west side of the site. The
closest sewer line is located at the intersection of vacated Chautauqua Avenue and vacated
Fourth Avenue East along the west side of the site. The applicant is aware ofthe costs to extend
service to this site, as well as the applicable impact fees and utility deposits in the event service
is ever needed.
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.
Staff Report - Community Development Board - January 18, 2005 - Case ANX2004-080 13
Page 2
Police
The property is located within the East Police District and service will be administered through
the District 3 Substation located at 2851 McMullen Booth Road and County Road 580. There
are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community
policing service will be provided through the City's zone system and officers in the field. The
Police Department has stated that it will be able to serve this property and the 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 #6 located at
2681 Countryside Boulevard. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and
their level of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.1]
The 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 ofthe Clearwater Community Development Code.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
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-R, Rural Residential District in the County. The applicant
proposes to rezone the property to the Low Medium Density Residential (LMDR) District. The
proposed rezoning is being processed concurrently with the annexation and is more thoroughly
analyzed and discussed in the staff report for LUZ2004-08006 (see agenda item F-2).
IV.
Staff Report - Community Development Board - January 18,2005 - Case ANX2004-08013
Page 3
CONSISTENCY WITH THE COUNTYWIDE PLAN:
A change is requested to the Comprehensive Plan category of this site from the Residential
Suburban (RS) category to the Residential Low (RL) category in LUZ2004-08006 (see agenda
item F-2). The proposed rezoning is being processed concurrently with the annexation and is
more thoroughly analyzed and discussed in the staff report for LUZ2004-08006 (see agenda item
F-2).
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 east and 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.
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 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 the following action on the
request:
Recommend APPROVAL of the annexation of 3.66-acres to the City of Clearwater.
Prepared by Planning Department Staff:
Mark T. Parry, Planner III
Staff Report - Community Development Board- January 18, 2005 - Case ANX2004-08013
Page 4
1_____
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
s: IP/anning DepartmentlC D BlAnnexations IANX - 2004IANX2004-080/3 25/9/ US /9 N Dimmett Cadillac IANX2004-080 /3 staff report. doc
Staff Report - Community Development Board - January 18, 2005 - Case ANX2004-080 13
Page 5
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Owner LaSalle Realty, LLC Case: ANX2004-Q8013
Site: 25191 U.S. Highway 19 North 3.66
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
From: RS R-R (County) 32/28/16/14922/036/0010
To: RL LMDR Atlas Page: 244A
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Owner LaSalle Realty, LLC Case: ANX2004-08013
Site: 25191 U.S. Highway 19 North 3.66
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
From: RS R-R (County) 32/28/16/14922/036/0010
To: RL LMDR Atlas Page: 244A
Aerial Map
Owner LaSalle Realty, LLC Case: A NX2004-D80 13
Site: 25191 U.S. Highway 19 North 3.66
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
From: RS R-R (County) 32/28/16/14922/036/0010
To: RL LMDR Atlas Page: 244A
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Owner LaSalle Realty, LLC Case: A NX2004-Q80 13
Site: 25191 U.S. Highway 19 North 3.66
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
From: RS R-R (County) 32/28/16/14922/036/0010
To: RL LMDR Atlas Page: 244A
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Owner LaSalle Realty, LLC Case: ANX2004-D8013
Site: 25191 U.S. Highway 19 North 3.66
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
From: RS R-R (County) 32/28/16/14922/036/0010
To: RL LMDR Atlas Page: 244A
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Location Map
Owner LaSalle Realty, LLC Case: A NX2004-080 13
Site: 25191 U.S. Highway 19 North 3.66
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
From: RS R-R (County) 32/28/16/14922/036/0010
To: RL LMDR Atlas Page: 244A
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Zoning Map
Owner LaSalle Realty, LLC
Case:
A NX2004-080 13
Site:
25191 U.S. Highway 19 North
3.66
Land Use
Zoning
32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
32/28/16/14922/036/0010
From:
RS
R-R (County)
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LMDR
Atlas Page: 244A
I: View looking southeast from comer of Chautauqua and
Third.
3; View looking southwest from northeast side of site.
5: View looking southwest from Fourth.
2: View looking south from Third.
4: View looking southwest from Fourth and Third.
6: View looking east from vacated Chautauqua and Fourth.
LaSalle Realty, LLC. ANX2004-08013
25191 U.S. Highway 19 North
7: View looking south along Third.
9: View looking south from center of site.
11: View looking northeast from center of site.
8: View looking southwest from center of site.
10: View looking southeast from west side of site.
12: View looking north from center site.
LaSalle Realty, LLC. ANX2004-08013
25191 U.S. Highway 19 North
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CDB Meeting Date: January 18.2005
Case Number: LUZ2004-08006
Agenda Item: F-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
LaSalle Realty, LLC
REPRESENTATIVE:
E.D. Armstrong, III (Johnson, Pope, Bokor, Ruppel &
Bums, LLP.)
LOCATION:
25191 U.S. Highway 19 North
REQUEST:
(a) Land Use Plan amendment from the Residential
Suburban (RS) Classification (County and City) to the
Residential Low (RL) Classification (City) (pending
ANX2004-080 13);
(b) Rezoning from the Commercial (C) District (City of
Clearwater) to the Low Medium Density Residential
(LMDR) District (City of Clearwater);
(c) Rezoning from the Open Space/Recreation (0 SIR)
District (City of Clearwater) to the Low Medium
Density Residential (LMDR) District (City of
Clearwater); and
(d) Rezoning from the R-R, Rural Residential District
(County) to the Low Medium Density Residential
(LMDR) District (City of Clearwater) (pending
ANX2004-080 13).
SITE INFORMATION
PROPERTY SIZE:
186,437 square feet or 4.28 acres
DIMENSIONS OF SITE:
519 feet wide by 440 feet deep
PROPERTY USE:
Staff Report - Community Development Board - November 16, 2004 - Case LUZ2004-08006 Page 1
Current Use:
Proposed Use:
Non-residential off-street parking
Non-residential off-street parking
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS) (County) and Residential
Suburban (RS) (City of Clearwater)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-R, Rural Residential (County), Open Space/Recreation
(OS/R) (City of Clearwater) and Commercial (C) (City of
Clearwater)
Low Medium Density Residential (LMDR) (City)
EXISTING
SURROUNDING USES:
North: Vehicle sales and display/vacant
South: Vacant
East: Single- family residential
West: Vehicle sales and display
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves three parcels
of land, approximately 4.28 acres in area located at the southern terminus of Chautauqua Avenue
approximately 550 feet east of U.S. Highway 19 North. The site is currently and has historically
been utilized by Dimmitt Cadillac as a non-residential off-street parking facility. The site has a
FLUP designation of Residential Suburban (RS). The east portion of the site, consisting of3.66
acres, is included in a companion application to annex into the City of Clearwater (Case#
ANX2004-08013). The west portion of the site consisting of 0.61 acres is currently within the
City of Clearwater and has FLUP designation of Residential Suburban (RS) and a zoning
designation of Commercial (C) (0.36 acres) and Open Space/Recreation (OS/R) (0.21 acres)
along the west and south sides of the site, respectively. Approximately 0.042 acres located at the
southwest comer of the site (also included in the 0.36 acres within the City) is designated as
"Water" on the County's Future Land Use Plan. That designation will be maintained with this
proposal. The portion of the site, 3.66 acres within the jurisdiction of Pinellas County has a
zoning classification of R-R, Rural Residential (County). The applicant is requesting to amend
the FLUP designation of the site to the Residential Low (RL) classification and to rezone it to
the Low Medium Density Residential (LMDR) District. A proposed development agreement
between the applicant and the City limits the use of this site to non-residential off-street parking
for a period of 10 years and further outlines and details how and under what circumstances the
subject site may be used (Case# DV A2004-00003). Additionally, the site will be improved with
paved, surfaced parking areas, landscaping, stormwater facilities and the existing use of the
property as a non-residential off-street parking lot will continue (Case# FLD2004-08061).
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 2
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l]
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
2.1 Objective -The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Residential Low (RL) category, as specified in Section 2.3.3.1.4 of
the Countywide Rules, is to depict those areas of the County that are now developed, or
appropriate to be developed, in a low density residential manner; and to recognize such areas as
primarily well-suited for residential uses that are consistent with the low density, non-intensive
qualities and natural resource characteristics of such areas. The Residential Low (RL) category
is generally appropriate to locations outside urban activity centers; in areas where use and
development characteristics are low density residential in nature; and in areas serving as a
transition between more suburban and more urban residential areas. These areas are generally
served by and accessed from minor and collector roadways that connect to the arterial and
thoroughfare highway network typically in close proximity to and may have direct access from
the arterial and thoroughfare highway network.
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 3
The proposed use of the property for a non-residential off-street parking facility is consistent
with the purposes of the Residential Low (RL) category which permits ancillary non-residential
uses. The site is adjacent to and will serve a property currently used for vehicle sales and
display which is, in turn, located along a major arterial, U.S. Highway 19 North.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Primarily single-family dwellings characterize the immediate area to the south and southeast.
The area immediately to the west along U.S. Highway 19 North has been intensely developed
with a variety of non-residential uses including vehicle sales and display, retail, office,
restaurant, etc. Residential Suburban (RS) future land use is located north, south and east of the
site. Commercial Limited (CL), Residential/Office/Retail (RlO/R) and Residential/Office
General (RIO G) dominate the land use to the west of the property.
The existing surrounding uses include single-family dwellings to the east and south. Office
buildings are located to the southwest of the site. Vehicle sales and display uses are located to
the west along U.S. Highway 19 North. The proposed FLUP designation and rezoning is in
character with the overall FLUP designation in the area and is compatible with surrounding uses.
The proposed Residential Low (RL) classification limits the development potential of the
property while permits the continued use of the site as a non-residential off-street parking
facility.
IV. SUFFICIENCY OF PUBLIC FACILITIES
As stated earlier, the overall subject site is approximately 4.28 acres in area and is presently
occupied by a non-residential off-street parking facility. Based on a maximum permitted density
of 2.5 units per acre in the Residential Suburban (RS) category, 10 dwelling units could be
constructed On this site. The allowable development potential in the Residential Low (RL)
category is five units per acre, which would allow 21 dwelling units to be constructed on this
site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pine lIas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table.
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 4
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of U.S. Highway 19 North from Enterprise Road
to Sunset Point Road
LOS of U.S. Highway 19 North from Enterprise Road to
Sunset Point Road
N/A = Not A licable LOS = Level-of-Service
83,503
83,623
83,721
98
C
C
C
C
I = Based on PPC calculations of trips per acre per day for the Residential Suburban Future Land Use Category.
2 = Based on PPC calculations of trips per acre per day for the Residential Low Future Land Use Category.
3 = Based on MPO K-factor of 0.095
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of US. Highway 19 North from Enterprise Road to Sunset Point Road has a
LOS of C. Although the proposed FLUP category could generate an increase in PM Peak Hour
traffic on this segment of US. Highway 19 North by 10 trips, the traffic generated by this plan
amendment is projected to be less than a one percent increase and will not result in the
degradation of the existing LOS to the surrounding road network.
Traffic from the subject site will be distributed to U.S. Highway 19 North. The anticipated
increase in PM peak trips will not degrade the LOS for US. Highway 19 North. The site is
currently accessed from the west via US. Highway 19 North though Dimmitt Cadillac and from
the east via Fourth Avenue South. The proposal includes eliminating the access from Fourth
Avenue South leaving the only access to the site from the Dimmitt Cadillac site. The site has
historically been and is currently used as a non-residential off-street parking facility. An
accompanying development agreement (Case# DV A2004-00003) will limit the use of the site as
such for a period of at least ten years.
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 5
Existing ZoningIFuture Land Use Plan
Single-family residential
(9.57 trips/dwelling unit)
10
96
N/A
10
N/A
dwellin units
Proposed ZoningIFuture Land Use Plan
Single-family residential
(9.57 trips/dwelling unit)
21
201
105
21
11
dwellin units
Apartments (6.63 trips/dwelling
unit)
21
139
44
14
4
dwellin units
The City of Clearwater Engineering Department has concluded that the transportation impacts
associated with this land use plan amendment will not result in the degradation of the existing
LOS to the surrounding road network, as the traffic generation associated with the proposed
amendment will not exceed one percent of the existing PM Peak hour trips of U.S. Highway 19
North. In addition, no impact to the operational efficiency of the signalized intersections within
the subject area is anticipated by the proposed amendment.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PSTA) bus service is available along North U.S. Highway 19 North by the Cypress
Point Shopping Center.
Water
The current FLUP category could use up to 2,500 gallons per day. Under the proposed FLUP
category, water demand could approach approximately 5,250 gallons per day. The proposed
land use will not negatively affect the City's current LOS for water. As the property will be
limited to parking, no demands will be placed on the water system except for landscape
irrigation.
Wastewater
The current FLUP category could produce up to 2,000 gallons per day. Under the proposed
FLUP category, sewer demand could approach approximately 4,200 gallons per day. The
proposed land use amendment will not negatively affect the City's current LOS for wastewater
because the property will be used for non-residential off-street parking and no sanitary sewer
service will be needed.
Staff Report - Community Development Board - January 18,2005 - Case LUZ2004-08006
Page 6
1-
Solid Waste
The current Residential Suburban FLUP category would result in the production of 25 tons of
solid waste per year. Under the proposed FLUP category, the maximum development of 21
dwelling units could generate 53 tons of solid waste per year. The proposed non-residential off-
street parking lot could generate 28 tons of solid waste per year. The proposed land use and plan
amendment will not negatively affect the City's current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
21 dwelling units; however, as the use of the site is proposed to be limited to a non-residential
off-street parking facility for the next ten years via a development agreement (case# DV A2004-
00003), payment of an Open Space, Recreation Land and Recreation Facility impact fee will not
be required at this time. Open Space, Recreation Land and Recreation Facility impact fees will
be required if the property is ever developed with residential uses. The amount and timing of this
fee is dependent on the number of developed units and will be addressed and paid during the site
plan review process.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. At that time, the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan. As there are no
wetlands on the subject site that could be impacted by future development, the natural
environment will not be affected.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The district boundaries are appropriately drawn in regard to location and classifications of streets
and ownership lines. The location of the proposed Low Medium Density Residential (LMDR)
District boundaries are logical based on the historical use of this property and limits the use of
this portion of the site and consolidates this site into the appropriate zoning district. It will blend
into the existing Low Density Residential (LDR) District to the north and east and farther to the
south. The site is also consistent with the Open Space/Recreation (OS/R) and Office (0)
Districts to the south.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.]
The existing land use plan category and zoning district permits a density of 2.5 dwelling units
per acre and an impervious surface ratio (ISR) of 0.6. The proposed Residential Low (RL) land
use category and Low Medium Density Residential (LMDR) District is more intensive and
permits a density of five dwelling units per acre and an ISR of 0.6. The size of the subject site is
186,437 square feet in area.
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 7
The proposed use of this property as a non-residential off-street parking facility is consistent
with the uses allowed as part of a Level Two Flexible Development use in the Low Medium
Density Residential (LMDR) zoning district. Non-residential off-street parking facilities do not
have a minimum lot area or width requirement in the Low Medium Density Residential (LMDR)
District.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Residential Suburban (RS) category to the Residential
Low (RL) category and a rezoning from the R-R, Rural Residential District (County),
Commercial (C) District (City) and Open SpacelRecreation District (OSIR) (City) to the Low
Medium Density Residential (LMDR) District for the subject site is requested. This 4.28-acre
site exceeds the minimum requirements for the proposed use of the property as a non-residential
off-street parking lot. The neighborhood is surrounded by single-family residential dwellings to
the north, south and east and vehicle sales and display to the west. The proposed future land use
plan amendment and rezoning is compatible with the existing neighborhood. The use of this
property is proposed to be limited through a companion development agreement application
(Case# DV A2004-00003).
The proposed Residential Low (RL) Future Land Use Plan classification and Low Medium
Density Residential (LMDR) zoning district is consistent with both the City and the Countywide
Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the
provision of public services, is compatible with the natural environment and is consistent with
the development regulations of the City.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTIONS:
a) Recommend APPROVAL of the land use plan amendment from the Residential Suburban
(RS) Classification (County and City) to the Residential Low (RL) Classification (City)
(pending ANX2004-08013);
b) Recommend APPROVAL of the rezoning from the Commercial (C) District (City of
Clearwater) to the Low Medium Density Residential (LMDR) District (City of Clearwater);
c) Recommend APPROVAL of the rezoning from the Open Space/Recreation (OS/R) District
(City of Clearwater) to the Low Medium Density Residential (LMDR) District (City of
Clearwater); and
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 8
d) Recommend APPROVAL of the rezoning from the R-R, Rural Residential District (County)
to the Low Medium Density Residential (LMDR) District (City of Clearwater) (pending
ANX2004-080 13).
Prepared by Planning Department staff:
Mark T. Parry, Planner III
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning DepartmentlC D BILand Use AmendmentsILUZ 2004ILUZ2004-08006 25191 US 19 N Dimmett Cadillac1LUZ2004-08006 Staff
Report.doc
Staff Report - Community Development Board - January 18, 2005 - Case LUZ2004-08006
Page 9
1: View looking southeast from comer of Chautauqua and
Third.
3: View looking southwest from northeast side of site.
5: View looking southwest from Fourth.
2: View looking south from Third.
4: View looking southwest from Fourth and Third.
6: View looking east from vacated Chautauqua and Fourth.
LaSalle Realty, LLC. LUZ2004-08006
25191 U.S. Highway 19 North
7: View looking south along Third.
9: View looking south from center of site.
11: View looking northeast from center of site.
8: View looking southwest from center of site.
10: View looking southeast from west side of site.
12: View looking north from center site.
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Site: 25191 U.S. Highway 19 North 4.28
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Location Map
Owner LaSalle Realty, LLC Case: LUZ2004-Q8006
Site: 25191 U.S. Highway 19 North 4.28
Land Use Zoning 32/28/16/14940/035/0010
RS R-R (County) PIN: 32/28/16/14940/035/0240
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From: C (City) 32/28/16/14922/036/0010
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Aerial Map
Owner LaSalle Realty, LLC Case: LUZ2004-Q8006
Site: 25191 U.S. Highway 19 North 4.28
Land Use Zoning 32/28/16/14940/035/0010
RS R-R (County) PIN: 32/28/16/14940/035/0240
From: C (City) 32/28/16/14922/036/0010
R/OS (City)
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1-
CDB Meeting Date:
Case Number:
Agenda Item:
Owner/Applicant:
Representative:
Address:
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January 18. 2005
DV A2004-00003
F3 (Related to E2. Fl and F2)
LaSalle Realty. LLC
E.D. Armstrong. III (Johnson. Pope. Bokor. Ruppel & Burns. LLP.)
25191 U.S. Highwav 19 North
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
EXISTING ZONING/
LAND USE:
PROPOSED ZONING/
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
ADJACENT ZONING/
LAND USES:
Review and recommendation to the City Council of a Development
Agreement between LaSalle Realty, LLC and the City of Clearwater
which provides for the use of the property located at 25191 U.S.
Highway 19 North within the Low Medium Density Residential
(LMDR) District as a non-residential off-street parking facility,
provides a minimum time frame for which the property may be used
as a parking facility and landscape requirements.
R-R, Rural Residential District (County), Open Space/Recreation
(OS/R) District (City of Clearwater) and Commercial (C) District
(City of Clearwater) and Residential Suburban (RS) Classification
(County and City) Category
Low Medium Density Residential (LMDR) District; Residential
Low
(RL) Category (pending ANX2004-08013 and LUZ2004-08006)
4.28 acres
Current Use: Non-residential off-street parking facility
Proposed Use: Non-residential off-street parking facility (285
spaces)
North: Commercial District; Vehicle sales and display/vacant
East: R-R, Rural Residential District (County); Single-family
dwelling/vacant
South: Open SpacelRecreation (OS/R) District; vacant
West: Commercial District; Vehicle sales and display
Staff Report - Community Development Board - January 18, 2005 - DV A2004-00003 - Page 1
r
I
CHARACTER OF THE
IMMEDIATE VICINITY: The Dimmitt car dealership abuts to the west. The surrounding area
to the northeast, east and southeast is sparsely developed with
detached dwellings and is otherwise vacant. The area is intensely
developed with predominantly commercial uses including vehicle
sales and display, retail and offices to the west along U.S. Highway
19 North.
ANALYSIS:
The 4.28-acre site is located at the western terminus of Chautauqua Avenue approximately 550
feet east of U.S. Highway 19 North. The area is intensely developed with predominantly
commercial uses including vehicle sales and display, retail and offices to the west along U.S.
Highway 19 North. Single-family dwellings exist to the east and farther to south. A single-family
development is currently under construction to the northeast.
The site consists of three parcels that have been used as an unimproved off-street parking facility
within unincorporated Pine lIas County.
The applicant has submitted applications for Annexation, Future Land Use Plan and Zoning Atlas
amendments. The existing parking lot is and has historically been used in conjunction with
Dimmitt Cadillac car dealership immediately adjacent to the west as a non-residential off-street
parking facility. The applicant proposes to improve the existing non-residential off-street parking
facility by providing a solid wood fence six feet in height with extensive buffer landscaping on the
exterior along the front (north and east) property lines along Third and Fourth Avenues South,
respectively and side (east and south) property lines. In addition, the parking lot will be fully
improved with paved drive aisles and stripped, Code-compliant parking areas. Finally, the
parking lot will only be accessible from the Dimmitt Cadillac site to the west with the existing
access point along Fourth Avenue South closed off and no future access points from any abutting
street proposed. The details of these improvements are fully described within the Staff report in
association with case FLD2004-08061. The Development Agreement will continue in effect for
10 years.
Development Agreement Request
The proposed Development Agreement requires the applicant to develop and use the subject site
as a 285-space non-residential off-street parking facility serving the adjacent vehicle sales and
display use located immediately adjacent to the west at 25191 U.S. Highway 19 North. The City
will process the Flexible Development (see case FLD2004-08061), Annexation (see case 2004-
08013) and Zoning and Comprehensive Plan amendment (see case LUZ2004-08006) requests
submitted by the applicant for the subject site. Additional provisions ofthe agreement will restrict
the use of the subject site and protect the surrounding residentially used properties and include:
1. The agreement will be in effect for a period of 10 years;
2. That the property will be used solely for non-residential off-street parking;
3. A landscape buffer not less than 25 feet in width be located along all street frontages;
4. That the use of loud speakers will be prohibited;
5. That the parking of vehicles associated with the service department on the site will be
prohibited;
Staff Report - Community Development Board - January 18, 2005 - DV A2004-00003 - Page 2
6. That lighting on the site will be designed and directed in such a manner that light does not
intrude beyond the site boundaries; and
7. That a deed restriction which lists all restriction outlined in the agreement be recorded
prior to the issuance of any permits.
CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-606.F]
The proposed Development Agreement is consistent with and furthers the following goals,
policies and objectives of the City of Clearwater Comprehensive Plan:
2.0 Goal - 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.
2.1 Objective -The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill devel-
opment that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned devel-
opments that are compatible.
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
4.2 Objective - All development or redevelopment initiatives within the City of Clearwater
shall meet the minimum landscaping I tree protection standards of the Community Devel-
opment Code in order to promote the preservation of existing tree canopies, the expansion
of that canopy, and the overall quality of development within the City.
4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater
shall meet all landscape requirements of the Community Development Code.
5.0 Goal - The city shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of exist-
ing development exceed the desired levels of service will be upgraded consistent with the
target dates for infrastructure improvements included in the applicable functional plan ele-
ment.
Staff Report - Community Development Board - January 18, 2005 - DV A2004-00003 - Page 3
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However, de-
velopment orders may be phased or otherwise modified consistent with provisions of the
concurrency management system to allow services to be upgraded concurrently with the
impacts of development.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee
on December 2, 2004. The Planning Department recommends the following action on the request:
Recommend APPROVAL of the Development Agreement as outlined above.
with the following bases:
Bases for Approval:
1. The Development Agreement is consistent with and furthers the goals, policies and objectives
of the Comprehensive Plan.
2. The Development Agreement complies with the standards and criteria of Section 4-606.
3. The Development Agreement implements and formalizes the requirements for the construction
of site improvements under the related site plan proposal (FLD2004-08061).
Prepared by: Planning Department Staff:
Mark T. Parry, Planner III
ATTACHMENTS:
Development Agreement
Aerial Photograph of Site and Vicinity
Location Map
Zoning Atlas Map
Future Land Use Map
Application
S:\Planning DepartmentlC D BIDev. AgreementlUS Hwy 19 N 25191 DimmettlUS Hwy 19 N 25191STAFF REPORT. doc
Staff Report - Community Development Board - January 18, 2005 - DV A2004-00003 - Page 4
lBRPC Mission Statement
"To serve our citizens and member governments by providing a forum to foster communication, coordination, and
collaboration in identifying and addressing issues and needs regionally."
What is lBRPC?
. TBRPC stands for Tampa Bay Regional Planning Council, an association of local governments and
gubernatorial representatives.
. TBRPC brings together governments to coordinate planning for the community's future and provide an
opportunity for sharing solutions among the 43 jurisdictions in the Tampa Bay region.
. TBRPC was established as Florida'sfirst regional planning council in 1962, when representatives from St.
Petersburg, Clearwater and Tampa recognized the need for regional coordination. They believed growth and
community issues extend beyond county and municipal boundaries, a concept that still defines the Council's
purpose today.
The region's four counties -- Hillsborough, Manatee, Pasco and Pinellas -- are required by law to exercise
regional cooperation through membership on the Council. Other municipal members are Bradenton,
Clearwater, Dade City, Dunedin, Gulfport, Largo, New Port Richey, Oldsmar, Palmetto, Pinellas Park, Plant
City, Safety Harbor, St. Petersburg, St. Pete Beach, Seminole, South Pasadena, Tampa, Tarpon Springs, Temple
Terrace and Treasure Island. These governments are represented on the Council by elected officials appointed
by their local boards. They comprise two-thirds of the Council's membership. The Governor appoints
additional members, making up the remaining third ofthe Council. Four ex-officio members, representing the
Southwest Florida Water Management District the Florida Departments of Transportation and Environmental
Protection, were added to the Council's membership in 1993, and the most recent member, Enterprise Florida,
was added in 2002.
. TBRPC's specific duties include maintaining Future of the Region: A Strategic Regional Policy Plan for the
Tampa Bay Region, environmental management, water quality and emergency preparedness planning,
protection and restoration of the Tampa Bay estuary, coastal zone management, housing and infrastructure
analysis, hurricane evacuation and recovery planning, development of regional impact review, local
government comprehensive plan review, cross-acceptance, dispute resolution, and review of transportation
plans.
lBRPC Programs, Services and Products
Economic Modeling and Analysis
Economic Development District
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Spatial Growth Modeling
Telework Tampa Bay
Hurricane and Hazard Preparedness Planning
TheOfficwlHurrlcaneGuwe
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LEPC: Hazardous Materials
· Technical Assistance to Local Governments
· Agency on Bay Management
Tampa Bay Soundings - Environmental Journal
Regional Information Center
TBRPC is one of 11 regional planning councils in Florida.
I: View looking southeast from comer of Chautauqua and
Third.
3: View looking southwest from northeast side of site.
5: View looking southwest from Fourth.
2: View looking south from Third.
4: View looking southwest from Fourth and Third.
6: View looking east from vacated Chautauqua and Fourth.
LaSalle Realty, LLC. DV A2004-00003
25191 U.S. Highway 19 North
7: View looking south along Third.
9: View looking south from center of site.
11: View looking northeast from center of site.
8: View looking southwest from center of site.
10: View looking southeast from west side of site.
12: View looking north from center site.
LaSalle Realty, LLC. DV A2004-00003
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Owner LaSalle Realty, LLC Case: DV A2004-Q0003
Site: 25191 U.S. Highway 19 North 4.28
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PIN: 32/28/16/14940/035/0240
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Aerial Map
Owner LaSalle Realty, LLC Case: DV A2004-Q0003
Site: 25191 U.S. Highway 19 North 4.28
Land Use Zoning 32/28/16/14940/035/0010
PIN: 32/28/16/14940/035/0240
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Owner LaSalle Realty, LLC Case: DV A2004-Q0003
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City Council
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Cover Memorandum
Tracking Number: 1,149
Actual Date: 02/17/2005
Subject / Recommendation:
Deny a development agreement between K & P Clearwater Estate, LLC (the property owner) and
the City of Clearwater and deny Resolution No. 04-39.
Summary:
The subject site is 2.739 acres (including First Street and a portion of South Gulfview Boulevard
rights-of-way; exclduing new Second Street right-of-way and a portion of Coronado Drive) and is
located at 100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard.
The City Council held a public hearing on December 16, 2004 to consider the Development
Agreement and continued the matter to the Febuary 17, 2005 meeting. A memorandum
outlining the update for the project is attached.
Originating: Planning
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 01/30/2005
Financial Information:
Review Approval
Cvndi TaraDani
Bill Horne
02-07-2005 15:26:03
02-10-2005 13:04:21
02-07-2005 15:26:56
02-08-2005 14:24: 15
02-08-2005 13:22:01
02-08-2005 15: 16:51
Cvndie Goudeau
Cvndi TaraDani
Garrv Brumback
Pam Akin
>-
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Interoffice Correspondence Sheet
TO:
BILL HORNE, CITY MANAGER
FROM:
CYNDI TARAPANI, PLANNING DIRECTOR
RE:
K & P CLEARWATER ESTATE, LLC
PROPOSED DEVELOPMENT AGREEMENT
DATE:
FEBRUARY 7, 2005
This memorandum provides an update on the status of the proposed Development
Agreement between the City of Clearwater and K & P Clearwater Estate, LLC for the
property known as the Days Inn on Clearwater Beach. The City Council held a public
hearing on December 16,2004 to consider a Development Agreement and two right-of-way
vacation applications. After a public hearing and substantial discussion, the Council
continued the matters until its February 17, 2005 meeting. The purpose of this
memorandum is to provide the Council with a summary of activities that have ensued since
the first hearing and provide an updated staff recommendation.
There has been one meeting between the developer's attorney and City staff in the interim
since the first hearing. In addition, the developer's attorney has provided documents to the
City regarding a revision to the bridge location, two alternative designs for the hotel, and
revisions to the Development Agreement. All appropriate departments, including Public
Works, Engineering and City Attorney have been involved in the review of these documents.
The staff evaluation of each of these items is described below.
I. REVISED BRIDGE LOCATION
One of the concerns regarding the proposed bridge at the December hearing was the
beach landing of the bridge. The original recommendation expressed concern that
the beach landing would interfere with the City's lifeguard station/office due to the
extremely close, if not adjacent, location of the bridge to the City building.
The developer provided a drawing received on February 3, 2005 that moves the
bridge to the south and eliminates the "dogleg" design thus forming a single span
over Gulfvicw Boulevard.
The City staff continues to object to the concept of the bridge due to the potential
for the bridge to block views along Gulfview Boulevard and the potential for
additional requests for bridges that could clutter the visual appeal of Gulfview
Boulevard and the future Beach Walk. However, if the bridge is approved, the
revised location is generally acceptable as the landing is now located south of the
lifeguard building in an area proposed as green space in the Beach Walk plans.
Minor adjustments may be required to accommodate a sidewalk to the lifeguard
building. At this time, the developer has still not shown the bridge superimposed on
the 90% Beach Walk construction plans.
The revised location for the bridge constitutes a revision that must be reviewed by
the Community Development Board in accordance with Section 4-406.
II. ALTERNATIVE DESIGNS FOR THE HOTEL
The .developer has submitted two alternative designs for the hotel building. For
identification purposes, the developer has named the alternatives as "The Wedding
Cake" and "The Notch." Although each alternative reduces the size of the building,
neither alternative reduces the number of hotel rooms nor of condominiums. Each
alternative is described briefly below.
The Wedding Cake alternative makes some minor reductions in the size of the
building by providing more stepbacks on the north and south ends of the building.
This alternative reduces the size of the building by approximately 31,900 square feet
for a new total building size of approximately 292,558 square feet. The design
reduces the size on four condominium floors 10, 11, 12 and 13 by approximately
8,100 square feet on each floor.
The Wedding Cake alternative makes no change in the project's compliance with the
Design Guidelines of Beach l?J Design since the portions of the buildings that are
proposed to be reduced were not included in the original calculations of 40% solidi
60% open requirement.
The second alternative, The Notch, creates a notch in the approximate center of the
building that is five floors high and approximately 85 feet wide. The Notch reduces
the size of the building by approximately 26,000 square feet for a revised total
building size of 298,425 square feet. The Notch alternative reduces the size of five
condominium floors 9, 10, 11, 12 and 13. Of particular concern in this alternative is
that the elevators to serve the building remain on the north side of the building with
the notch separating the elevators from the southern half of the building. To
provide elevator access to the southern part of the building will likely require
additional design revisions that have not been identified and shared with the staff to
date.
r
In the Notch reVlSiOn, the developer did not properly calculate the solidi open
calculation as provided in Beach f?y Design since he included a longer distance with
which to make the calculation. In addition, the developer still does not include some
portion of the two wings that can be seen from Coronado and should properly be
partially included. Thus, we are unable to evaluate the revised Notch design as it
relates to the provision of the Guidelines but believe that there is no significant
change from the earlier proposal of the amount of solid building area as viewed from
Coronado. The original design had a 48.85% solid ratio, exceeding the Guidelines
requirement of 40%.
We have evaluated each alternative as to whether they would require a new review of
the site plan and design by the Community Development Board (CDB). The
Wedding Cake is determined not to require CDB review, while the Notch will
require the review of the CDB. However, the change in the bridge location requires
a new CDB review regardless of the design alternative chosen.
III. REVISIONS TO THE DEVELOPMENT AGREEMENT
The developer has made changes in the proposed Agreement to return to the
original 15 public parking spaces (page 7, Definition 29 of "Public Parking" and Page
16, Section 5.05(4)). This revision eliminates the staff's previous concerns regarding
changes to the site plan, floor plans, and parking operations. The fifteen public
parking spaces will be accessed via new First Street as shown in the approved site
plan. Any change to this design will require review by the CDB. The developer
retains the commitment to provide a "Parking Protocol" (Exhibit 0) to assist in
managing the parking demand for the project.
The legal description of the property to be exchanged between the developer and the
City has been revised to reflect the new location of the bridge. The developer still
needs to revise the legal description of the project (Exhibit A) to reflect the changed
location of the bridge. As of this writing, this revised legal description has not been
received.
It appears that the developer desires the City Council to consider both design
alternatives-neither of which have been approved by the CDB. It would be
inappropriate for the Council to select one of these designs as part of the
Development Agreement decision since design review authority rests with the CDB
for major changes or with the Community Development Coordinator for minor
changes. The specific process for reviewing the design alternatives has been
addressed in this memorandum. In addition, the staff remains seriously concerned
that the site plan(s) referenced in the Development Agreement and the approved site
plan are not the same document, which creates an inconsistency in the review
process.
IV. SUMMARY
In summary, some of the issues raised by the City Council and staff have been
addressed and others have not as described below.
1. Design
The developer has proposed two alternative designs from the original design
as approved by the CDB. Neither alternative makes a significant change in
the design to warrant the staff recommendation for approval nor does either
alternative bring the project closer to compliance with the Guidelines of
Beach f?y Design.
2. Parking
The developer has returned to the original fifteen parking spaces rather than
the earlier proposed 100 spaces to be used by the public on a space available
basis.
3. Bridge Location
The developer has revised the location of the beach landing of the bridge.
The City staff continues to object to the bridge conceptually for the reasons
cited above. However, if the bridge is approved, the new location is
generally acceptable as the landing is now located south of the lifeguard
building in an area proposed as green space in the Beach Walk plans. Minor
adjustments to the final bridge location/landing may be required to
accommodate a sidewalk to the lifeguard building.
4. Process for Reviewing Design Changes
The change in the bridge location does require the review of the CDB since
it makes a substantial change in the previously approved location of a
structure.
The Wedding Cake design can be considered a minor change and reviewed
by the Planning Department. The process for that review requires the
developer to submit plans and a letter outlining the changes. The Planning
Department will forward the plans to all affected City department for review
and comment and subsequendy issue a letter either approving or denying the
minor change.
The Notch design must be reviewed by the CDB since it makes a more
substantial change to the previously approved design. This review would
follow the typical CDB approval process initiated by the developer
submitting a complete application and then the case is scheduled for DRC
review and then for the CDB public hearing.
cc: Garry Brumback, Assistant City Manager
Pam Akin, City Attorney
Mahshid Arasteh, Public Works Administrator
Geri Campos, Economic Development and Housing Director
Margie Simmons, Finance Director
r.e,.;q.j
RESOLUTION 05.13
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND K & P
CLEARWATER ESTATE, LLC.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with K & P Clearwater Estate, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A" is hereby
approved.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 05-13
AGREEMENT FOR DEVELOPMENT OF PROPERTY
between
THE CITY OF CLEARWATER, FLORIDA
and
K & P CLEARWATER EST ATE, LLC
Dated as of
,2005
~E '. PLD- Z
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...
EXHIBITS
Legal Description of Developer's Property A
First Street Dedication,
And Relocated Coronado A-I
Vacations of Rights of Way A-2
Project Description and Preliminary Project Plans B
Revised Project Description B-1
Hotel Quality Standard B-2
Project Site C
Coordinated Design of South Gulfview
and Beach Walk Improvements D
Declaration of Covenants and Restrictions E
Covenant Regarding Hurricane Evacuation
& Use and Occupancy of Resort Hotel F
Required Permits and Approvals G
Pedestrian Access Improvements H
[Intentionally Omitted] I
Covenant of Unified Use J
License Agreement K
Contract for Exchange of Real Property L
South Gulfview and Beach Walk Improvements Schedule M
Representative Cross Section of Relocated
First Street N
Parking Protocol 0
2
1-- ..
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?
3
THIS AGREEMENT for Development of Property (together with all exhibits, modifications and
amendments, this "Agreement") is made as of this day of , 2005, by and
between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"),
and. K & P CLEARWATER ESTATE, LLC, a Florida limited liability company (the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community revitalization effort for Clearwater
Beach;
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the
revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements
along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed
improvements are known as Beach Walk;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition
and re-establish Clearwater Beach as a quality, family resort community and further provides for a
limited pool of additional hotel units ("Hotel Unit Pool") to be made available for such projects;
WHEREAS, because increased residential density on barrier islands is a critical concern under
Florida law, Beach by Design limits the use of the Hotel Unit Pool to overnight accommodations and
limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the operation of a proposed project
as resort hotel operating under a national or international "flag" or other comparable marketing
affiliation or program;
WHEREAS, the Developer proposes to develop a resort hotel and mixed use project on certain
property fronting on South Gulfview and, subject to the mutual promises set forth ofthis Agreement,
has proposed to include in that project fifteen (15) parking spaces for use by the public as a
replacement for the on-street parking spaces removed from South Gulfview in front of the project in
connection with the relocation of South Gulfview as contemplated by this Agreement;
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the project contemplated by this Agreement in accordance with the goals and
objectives of Beach by Design;
WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter
163.3220 Fla. Stat. (2003) and any other applicable law;
4
WHEREAS, the City has determined that, as ofthe Effective Date ofthis Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, the City has conducted public hearings as required by ~ 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on ,2005, the City Council approved this
Agreement and authorized and directed its execution by the appropriate officials ofthe City;
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's
goals of enhancing the viability of the resort community and in furtherance ofthe objectives of Beach
by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to
execute this Agreement on Developer's behalf.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained herein, the
parties hereby agree as follows:
ARTICLE I. DEFINITIONS.
1.01. Definitions. The terms defined in this Article I shall have the following meanings except as
herein otherwise expressly provided:
I. "Additional Hotel Units" means the two hundred and fifty (250) hotel rooms from the
Hotel Unit Pool established by the City pursuant to Beach by Design, which are allocated to
Developer by this Agreement for use in the Project.
2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach
dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the
Pinellas County Planning Council's Rules for the designation of a Community Redevelopment
District, as amended through the Effective Date.
3. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
4. "City Council" means the governing body of the City.
5. "Commencement Date" means the date on which the Developer commences or causes a
contractor to commence construction on the foundation or other structural element of the Project.
6. "Completion Date" means the date on which the final certificate of occupancy required for
the Project is issued, which issuance shall not be unreasonably withheld or delayed.
5
7. "Residential Condominium" means that portion of the Project containing Residential
Units, together with any common elements within the Project intended solely for the use of the
residents of such Residential Units, their guests and invitees.
8. "Residential Units" means those individual residential condominium units and entitlements
therefor which are part of the Residential Condominium but shall not include Hotel Units regardless
of the form of ownership.
9. "Hotel Unit Pool" means that hotel unit density pool created by the City pursuant to Beach
by Design.
10. "Developer" means, K & P Clearwater Estate, LLC, and its successors and assigns (see
Article 18).
11. "Developer's Property" means those properties owned by Developer on the Effective
Date of this Agreement, which properties are more particularly described in Exhibit A to this
Agreement.
12. "Developer's Pro Rata Share" means Developer's pro rata share ofthe Net Cost of
South Gulfview and Beach Walk Improvements, as calculated in Article 5.
13. "Effective Date" means the date this Agreement is signed by all parties.
14. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments,
forms of instruments, and other documents attached and designated as exhibits to this Agreement,
which are hereby incorporated herein and made a part hereof by reference.
15. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms
currently existing on the Developer's Property.
16. "Expiration Date" means that date ten (10) years following the Effective Date on which
this Agreement automatically expires.
17. "First Street Dedication" means that dedication by Developer to the City of a portion of
the Developer's Property of approximately sixty (60) feet in width, as more fully descnbed on Exhibit
A-I hereto.
18. "Hotel" means that resort hotel, which is part of the Project, containing at least three
hundred and fifty (350) hotel rooms and a maximum of four hundred and fifty (450) hotel rooms,
together with amenities and common areas located on the Project Site, but excluding the portion of
the Project which is the Residential Condominium.
19. "Hotel Units" means the Existing Hotel Units, plus the Additional Hotel Units.
6
20. "Land Exchange" means that property exchange to occur on the terms and conditions set
forth in Exhibit L hereto.
21. "License" or "License Agreement" means that license granted to the Developer to allow
the construction, operation, maintenance, repair, replacement and other matters concerning or
affecting the Pedestrian Access Improvements substantially in the form of Exhibit K hereto.
22. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
23. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost ofthe
South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable
funds from sources other than the City (other than any fair share or pro rata payments made by the
owners of other properties which front on South Gulfview).
24. [ALTERNATE IF CITY COUNCIL ACCEPTS PROPOSED REDESIGN.]"Pedestrian
Access Improvements" means that proposed pedestrian bridge originating on the Project Site, passing
over South Gulfview and landing on the beach west of South Gulfview, (the "Bridge"), as depicted in
Exhibit H. which Bridge shall be dedicated to and owned by the City. If this change in location ofthe
Pedestrian Access Improvements from that approved by the Community Development Board
("CDB") on October _, 2004, is considered by the Community Development Coordinator as
constituting other than a "minor revision" as defined in Section 4-406.A. of the Community
Development Code, then City Staff is directed to advise the CDB that the City Council (i) has
determined the Bridge to be in the public interest, (ii) requests that the relocation of the Bridge be
approved by the CDB but (iii) recognizes that it is in the discretion of the CDB whether to approve
the change in location
[ALTERNATE IF CITY COUCIL DOES NOT ACCEPT PROPOSED REDESIGN.]
"Pedestrian Access Improvements" means a proposed pedestrian bridge designed substantially as
depicted on Exhibit H, originating on the Project Site, passing over South Gulfview and landing on
the beach west of South Gulfview, (the "Bridge"), at a location (i) agreed to by City Staff and the
Developer within thirty (30) days after the Effective Date, or failing such agreement, (ii) as may be
approved by City Council. If this change in location of the Pedestrian Access Improvements from that
shown on Exhibit H is considered by the Community Development Coordinator as constituting other
than a "minor revision" as defmed in Section 4-406.A. of the Community Development Code, then
City Staff is directed to advise the CDB that the City Council (i) has determined the Bridge to be in
the public interest, (ii) requests that the relocation of the Bridge be approved by the CDB but (iii)
recognizes that it is in the discretion of the CDB whether to approve the change in location."
25. "Permits" means all land development approvals and consents required to be granted,
awarded, issued, or given by any governmental authority in order for construction of the Project, or
any part thereof, to commence, continue or be completed.
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26. "Plans and Specifications" means, as to each part of the Project to be developed, the site
plan for that part of the Project to be developed, filed with the City as required by governing land
development regulations ("Land Development Regulations ") for the purpose of review and approval.
27. "Project" means, collectively, development of the Project Site as a Hotel together with
accessory retail and restaurant uses and Residential Condominium which is proposed by the
Developer as described in this Agreement and in the preliminary plans therefor which are attached
hereto as Exhibit B and modified as shown on Exhibit B-1.
28. "Project Site" means the land area which includes the Developer's Property, as modified
by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is
generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by
the southern boundary of Relocated South Gulfview, (c) on the south by the northern boundary of
Relocated First Street, and (d) on the west by the centerline of existing South Gulfview, which site is
more particularly described on Exhibit C.
29. "Public Parking Spaces" means fifteen (5) parking spaces to be provided by
Developer in the Project for use by the general public as described more fully in Paragraph 2.03(1) of
this Agreement.
30. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way
approximately seventy-eight (78) feet in width to be contiguous to and running north to south along
the east boundary ofthe Project Site, as situated following the Land Exchange, as depicted in Exhibit
A-I to this Agreement.
31. "Relocated First Street" means that proposed three (3)-lane, two:,way public road
approximately sixty (60) feet in width to be contiguous to and running east to west along the south
boundary of the Project Site between Coronado and South Gulfview, the location of which is
depicted on Exhibit N hereto.
32. "Relocated South Gulfview" means that two (2)-lane, two-way public right of way
approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north
to south along the west boundary of the Project Site and running east to west along the north
boundary of the Project Site, as situated following the realignment of South Gulfview as a result of
the South Gulfview and Beach Walk Improvements.
33. "South Gulfview and Beach Walk Improvements" means (a) the proposed realignment
and construction of South Gulfview as a two (2) lane, two-way road approximately twenty-eight (28)
feet in width and associated improvements ("South Gulfview Improvements") and (b) the
construction of a promenade, a bicycle/skating path, a beach front pedestrian path ("Beach Walk
Improvements") as shown on Exhibit D hereto.
34. "Vacations of Rights of Way" means the abandonment by the City in favor of the
Developer in furtherance of the goals and objectives of the Comprehensive Plan, of (a) the existing
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right-of-way of First Street between the western boundary ofthe existing right of way of Coronado
and the centerline of the existing right of way of South Gulfview ("First Street Vacation") and (b) the
eastern half of the existing right-of-way of South Gulfview contiguous to the Developer's Property,
which abandonment is anticipated to result in the addition to the Developer's Property of a parcel
thirty-five (35) feet wide running along and contiguous to the western boundary of the Developer's
Property to facilitate development of the Project ("South Gulfview Vacation"). Such parcels to be
abandoned are more particularly described on Exhibit A-2 hereto.
1.02. Use of Words and Phrases. Words ofthe 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 companies, partnerships, any other
business entity of a type recognized by law, including public bodies, as well as natural persons.
"Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement as a whole and not solely to the particular paragraph or section in which any
such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed Project, including the design,
construction, completion and operation of the Project, and each part thereof, is hereby found by the
parties hereto: (I) to be consistent with and in furtherance of the objectives of the Comprehensive
Plan of the City, (2) to conform to the provisions of Florida law, (3) to be in the best interests 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 for South Gulfview, including the implementation of
the South Gulfview and Beach Walk Improvements and the Pedestrian Access Improvements to be
constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of
Beach by Design by providing for the development of the Project Site and to provide for the
construction of certain public improvements, all to enhance the quality of life, increase employment
and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance
with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and
in accordance with the provisions of Florida law.
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking, resort hotel, restaurant,
retail uses and appropriate accessory uses, and Residential Condominium and shall be developed in
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substantial conformity with the preliminary plans of development which are attached as Exhibit B, as
modified by Exhibit B-1. The Developer shall take all required steps to obtain the appropriate
approvals from the City to modify the preliminary plans shown on Exhibit B to effectuate the
modified design shown on Exhibit B-1. The Project Site is within a "Community Redevelopment
District," pursuant to the Pinellas County Planning Council's Rules, which authorizes an increase in
hotel unit density pursuant to the provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - Developer shall provide the Public Parking Spaces as part of
the Project. In addition, the Developer will make parking spaces within the Project available to the
public on a space available basis.
b. Private Parking - The Developer shall provide at least that number of private
parking spaces for use in connection with the Project as required by the City's Land Development
Regulations.
c. Hotel - The Hotel shall include at least three hundred and fifty (350) hotel
units and no more than four hundred and fifty (450) hotel units, a minimum of twenty thousand
(20,000) square feet of Meeting Space and other amenities accessory to the Hotel, including, but not
limited to restaurants, bars, exercise and spa facilities, outdoor recreation space, storage, back office
and administration areas and other functional elements related to the Hotel, including not more than
thirty-seven thousand (37,000) square feet of retail/ restaurant floor area. Of the hotel units, 250 are
Hotel Pool Units, which shall be required to be submitted to a rental program requiring that such units
be available for overnight hotel guests on a transient basis for no fewer than 330 days in any calendar
year, subject to force majeure events or renovation activities making such rooms unavailable for
occupancy. In order to assure the high quality resort experience called for under this Agreement, all
such units, as well as the units not representing Hotel Pool Units, shall be operated by a single hotel
operator who shall meet the requirements as to operating standards set forth in Exhibit B-2 of this
Agreement.
d. Residential Condominium - Those Residential Units permitted pursuant to the
formula for conversion of Existing Hotel Units to Residential Units set forth below, together with
any common elements dedicated to the sole use of residents of the Residential Condominium.
Existing Hotel Unit Conversion Formula: Developer shall be entitled to convert Existing
Hotel Units to Residential Units in a ratio of four (4) Existing Hotel Units to three (3)
Residential Units. Thus, for example, Developer may elect to build three hundred and fifty
(350) Hotel Units and seventy five (75) Residential Units within the Project, instead of four
hundred and fifty (450) Hotel Units.
The Developer has received Flexible Development approval to build three hundred and fifty (350)
Hotel Units and seventy five (75) Residential Units (the "HotellResidential Unit Composition")
within the Project pursuant to a Flexible Development Application. Notwithstanding anything to the
contrary in this Agreement, if the Developer wishes to include in the Project a hotel and Residential
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unit composition other than the HotellResidential Unit Composition, the Developer understands that
it must submit a new Flexible Development Application to request approval of such other
composition.
e. Pedestrian Access Improvements - Those Pedestrian Access Improvements as
described in Exhibit H which is attached to this Agreement.
2. Nothing shall preclude the Developer from developing or operating all or portions of
the Project using any ownership format in any combination, provided such format and combination
are permitted under Florida Statutes, including, without limitation, individual ownership, provided
that the requirements as to availability for transient occupancy and as to a single hotel operator set
forth in 2.03 (1) (c) are satisfied.
3. Up to twenty-five percent (25%) ofthe Hotel Units, or such greater percentage, if any,
which is permitted by the City's Land Development Regulations at the time of issuance of a building
permit for the Hotel, may be suites with kitchens, including all typical kitchen equipment and
amenities. In addition, partial kitchens or mini-kitchens may be permitted.
4. Notwithstanding any other provision of this Agreement, no occupancy in excess of
thirty (30) days per stay shall be permitted in any Hotel Unit. In addition, no Hotel Unit shall be used
as a primary or permanent residence and each Hotel Unit shall be required to be available to transient
hotel guests and to be operated as described in Paragraph 2.03(1)(c). Prior to the issuance of a
certificate of occupancy for the resort hotel, the Developer shall record a covenant and restriction
which is enforceable by the City, substantially in accordance with Exhibit F, limiting the use and
operation ofthe Hotel Units, implementing this paragraph. Further, Developer shall cause rentals of
Residential Units to be restricted in documentation governing the Residential Condominium to
comply with applicable City ordinances and other laws limiting short-term rentals in effect at the time
the first building permit is issued for the Project, including, without limitation, Ordinance No. 7105-
03
5. As a condition ofthe allocation of Additional Hotel Units pursuant to the designation
of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County
Planning Council's Rules, the Developer shall comply with each ofthe standards established in Beach
by Design, including:
a. The Hotel shall provide a full range of on and off site amenities for Hotel
guests, including at least one full service restaurant, room service, valet parking, exercise facilities,
pool, meeting areas and access to boating, fishing and golf off site or comparable amenities. Off site
amenities may be provided through a concierge service.
b. The Hotel shall be operated as a national or international "flag" or as part of
another comparable marketing affiliation or program which will ensure support ofthe repositioning of
Clearwater Beach as a resort destination. The parties agree that membership in the American
Automobile Association ("AAA"), the Mobil Travel Guide ("MTG"), or any other comparable
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organization approved by the City and maintaining the Hotel in a condition and quality level as more
fully described in Exhibit B-2 ("Minimum Quality Standards"), shall constitute compliance with the
resort quality standards of Beach by Design.
c. The Hotel shall be of exceptional architectural design and shall be fitted with
high quality finishes and furnishings. The parties agree that the architectural design depicted on
Exhibit B-1 meets this requirement.
d. Prior to the issuance of a final certificate of occupancy for the Hotel, the
Developer shall record a covenant and restriction which is enforceable by the City substantially in the
form of Exhibit E. limiting the use and operation of the Hotel, obligating the Developer to develop,
implement and operate, at all times when the Hotel is open, a trip generation management program
which shall include the provision of non-private automobile access to and from the Hotel for Hotel
guests which shall include, at least an airport shuttle and resort-provided transportation to off-site
amenities and attractions.
e. Prior to the issuance of a building permit authorizing the construction of the
Hotel Units, the Developer shall record a covenant and restriction which is enforceable by the City,
substantially in the form of Exhibit F, addressing the use and operation of the Hotel, which is
enforceable by the City, that obligates the Developer to close and vacate all persons (except for
emergency personnel required to secure and protect the facilities) from all Hotel Units within the
Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane
Center which includes Clearwater Beach.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development of the Project and each component thereof is dependent upon the continued cooperation
of the City and the Developer, and each agrees that it shall act in a reasonable manner. Each party
agrees to provide the other party with complete and updated information from time to time, with
respect to the conditions such party is responsible for satisfying hereunder and make good faith
efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out
to the full extent contemplated hereby and the Project is designed, constructed, completed and
operated as provided herein. Further, the parties shall cooperate reasonably with one another to
facilitate, obtain permits for and not interfere with the construction ofthe South Gulfview and Beach
Walk Improvements, as well as construction of Relocated Coronado, Relocated First Street,
Relocated South Gulfview and construction and operation of the Project. Provided that Developer
timely complies with the terms of Exhibit L, the requirements for the First Street Dedication, and pays
Developer's pro rata share of the South Gulfview and Beach Walk Improvements, as described in this
Agreement, the City will use reasonable diligence to complete such improvements in front of the
Project on or before the Completion Date.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
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1. Land Use Desie:nation. The Project Site is designated Tourist District in the City's
Land Development Regulations.
2. Amendments to Comprehensive Plan & Land Development Ree:ulations. The
City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and
Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community
Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning
Council Rules.
3. Grant of Additional Hotel Units. Subject to the terms and conditions of this
Agreement and compliance with applicable law, the City hereby allocates and grants to Developer
from the Hotel Unit Pool the right to build two hundred fifty (250) hotel rooms in addition to the
Existing Hotel Units, making the Project Site eligible to contain a maximum of four hundred fifty
(450) Hotel Units. The allocation of the Additional Hotel Units from the Hotel Unit Pool shall expire
and be of no further force and effect unless Developer makes payment of Developer's Pro Rata Share
as provided in Paragraph 5.05 on or before two (2) years after the Effective Date of this Agreement
or the Commencement Date occurs on or before three (3) years after the Effective Date of this
Agreement.
3.02. Development Approvals and Permits.
1. Applications for Development Approval. The Developer shall prepare and submit
to the appropriate governmental authorities, including the City, applications for approval of all plans
and specifications necessary for the Project, and, except as expressly provided otherwise in this
Agreement, shall bear all costs of preparing such applications, applying for and obtaining such
permits, including payment of any and all applicable application, inspection, regulatory and impact
fees or charges. The City shall, to the extent possible, expedite review of all applications. A list of all
permits and approvals required to implement the provisions of this Agreement is attached as Exhibit
G. The failure of this Agreement to address a particular permit, condition, or term of restriction shall
not relieve the Developer of the necessity of complying with the law governing said permitting
requirements, conditions, terms or restrictions.
2. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining all necessary Permits required for the construction, completion of the Project and its
opening for business. If requested by the Developer and authorized by law, the City will join in any
application for any Permit, or, alternatively, recommend to and urge any governmental authority that
such Permit or Permits be issued or approved. .
3. City Authority Preserved. The City's duties, obligations, or responsibilities under
any paragraph ofthis Agreement, specifically including, but not limited to, this Paragraph 3.02, shall
not affect the City's right, duty, obligation, authority and power to act in its governmental or
regulatory capacity in accordance with applicable laws, ordinances, codes or other building
regulations. Notwithstanding any other provision of this Agreement, any required permitting,
13
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 oflaw.
4. Transportation Impact Fee Credits. The City shall, to the extent authorized by
applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount of
transportation impact fees paid by the Developer to the City which are intended for use by the City.
The South Gulfview and Beach Walk Improvements are described on Exhibit D hereto. To the extent
such credits are lawfully available, the City shall also use its best efforts to secure from Pinellas
County, Florida (the "County") a credit toward Developer's Pro Rata Share, of transportation impact
fees intended for use by and collected by the County in connection with the Project.
3.03. Concurrency.
1. Concurrency Required. The parties hereto recognize and acknowledge that Florida
law (specifically, Part II, Chapter 163, F. S., and Rule 9J-5, Florida Administrative Code, collectively
the "Growth Management Act") imposes restrictions on development if adequate public
improvements are not available concurrently with that development to absorb and handle the demand
on public services caused by development. The City has created and implemented a system for
monitoring the effects of development on public services within the City. The Developer recognizes
and acknowledges it must satisfy the concurrency requirements of Florida law and the City's
regulations as applied to this Project.
2. Reservation of Capacity. The City hereby agrees and acknowledges that, as of the
Effective Date ofthis Agreement, the Project satisfies the concurrency requirements of Florida law.
The City agrees to reserve the required capacity to serve the Project for the Developer and to
maintain such capacity until three (3) years following the Effective Date. The City recognizes and
acknowledges that the Developer will rely upon such reservation in proceeding with the Project.
3. Required Public Facilities. In addition to the obligations of the City and the
Developer set out in Article 5 of this Agreement, the Public Utilities Department of the City will
provide potable water service and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibilitv for Preparation of Plans and Specifications. Except as otherwise
expressly provided in this Agreement, the Developer shall be solely responsible for and shall pay the
cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Project.
14
2. Use of Qualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to
prepare the Plans and Specifications.
. ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. The Developer is the owner of the Developer's Property and
after effectuation ofthe Land Swap and First Street Dedication, will be the owner of the Project Site.
5.02. Project Site. The Project Site consists of the property more particularly described in Exhibit
C.
5.03. City's Obligations.
1. Vacations of Riehts-of-Wav. Developer shall apply for, and the City Council shall
consider the adoption of an ordinance vacating (a) the First Street Vacation, and (b) the South
Gulfview Vacation, both as described on Exhibit A-2. The First Street Vacation shall be effective
upon the dedication of the Relocated First Street to the City. The South Gulfview Vacation shall be
effective upon: 1) payment of the Developer's Pro Rata Share; 2) the Land Exchange; and 3)
relocation of South Gulfview as provided herein.
2. Road Imnrovements. Vehicular traffic on Relocated South Gul:fview shall be calmed
to control speed on that portion of South Gulfview to the north and west of the Project to a design
speed of 20 miles per hour.
3. Permits. The City will cooperate and coordinate with the Developer with regard to all
permit applications, including those to state agencies, and will facilitate or expedite, to the greatest
extent possible, the permit approval process.
4. Cafe Seatine. The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor cafe seating in connection with the Project. In that
connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Pedestrian Access Imnrovements Annroval. Upon request by Developer, the City
shall grant the Developer the ability to construct the Pedestrian Access Improvements and, in that
connection, no later than the Commencement Date, the City shall grant to the Developer a License
Agreement as described in Exhibit K.
6. Land Exchanee. The City is the owner of that portion of South Gulfview abutting
the north boundary of the Developer's Property as more particularly described as "Parcell" in the
Contract for Exchange of Real Property attached hereto as Exhibit L. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit L.
15
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of ~ 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit L and the Council hereby authorizes execution thereof.
8. Approval of Plans and Specifications for the South Gulfview and Beach Walk
Improvements. The City shall prepare plans and specifications and budgets for the South Gulfview
and Beach Walk Improvements. The City shall make available drafts of such plans, specifications and
budgets to the Developer for review and comment. The City shall consider the Developer's
comments and recommended changes in the plans, specifications and budgets to the extent that the
matter on which the Developer is commenting materially impacts the Developer or the Project. The
City and the Developer agree that the design of those South Gulfview and Beach Walk Improvements
adjacent to the Project Site shall be coordinated with the design of the Project as provided in this
Agreement below, and, for that purpose, the City shall make available to the Developer copies of the,
plans, specifications, and relatcd construction and landscaping contracts, drawings and schedules
finally approved by the City.
9. Timelv Completion. The City and the Developer recognize the importance of the
timely completion ofthe proposed Project and ofthe completion of South Gulfview and Beach Walk
Improvements, and time is deemed to be ofthe essence. The City considers this Agreement as overall
authority for the Developer to proceed to obtain all required pennits, and agrees to implement a fast-
track review, permitting, and inspection program for the Project. The City agrees to use its best
efforts to complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk Improvements along the
boundaries of the Project Site, as provided in Exhibit M (the "South Gulfview and Beach Walk
Improvements Schedule"). The City's utilization of the construction schedule described in Exhibit M
is dependent upon payment by Developer of Developer' s Pro Rata Share (defined herein) to the City
prior to the City awarding the construction contract.
10. Desie:n Coordination. The City agrees to reasonably cooperate and coordinate the
design of the South Gulfview and Beach Walk Improvements adjacent to the Project Site, such that
the design ofthose improvements integrates in a reasonable manner with the Project design. In that
connection, the design shall substantially conform to those concepts depicted on Exhibit D. Without
limiting the foregoing, it is agreed that the City will design the South Gulfview and Beach Walk
Improvements such that pedestrian access from the Beach Walk is elevated in front ofthe Project to a
level often (10) feet NA VD to allow reasonable access points onto the Beach Walk from the Project.
11. Construction Sequencine:. To the extent possible, the City shall construct the South
Gulfview and Beach Walk Improvements in a manner and fashion which will not unreasonably restrict
access to the hotels currently existing on the Developer's Property or to the Project Site on or after
the Commencement Date.
5.05. Obligations of the Developer.
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1. Development and Operation ofthe Project. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Hotel which is a component of
the Project, shall contain no less than three hundred and fifty (350) and no more than four hundred
and fifty (450) Hotel Units and shall conform to the Minimum Quality Standard as provided for in
Exhibit B-2.
2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Relocated First Street. In conjunction with and conditioned upon the Vacation of
First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for the
Relocated First Street, including pavement, sidewalks and streetscaping. Construction of Relocated
First Street shall be completed on or before the later of (i) two (2) years after the Effective Date or
(ii) the issuance of a final certificate of occupancy for the Project described in the Second Amended
and Restated Development Agreement for Property in the City of Clearwater between the City and
Beachwalk Resort, LLC. A representative cross section reflecting such improvements is attached
hereto as Exhibit N.
4. Public Parkin!! Spaces: Parkin!! Protocol The Developer may
charge fees to the public for use of the Public Parking Spaces, on terms and rates which are market-
based and commensurate with terms and rates which are in effect for comparable beachfront, covered
parking structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees,
subject to taxes and similar impositions generally applicable to such income. Public Parking spaces
within the Project shall be no narrower than nine (9) feet and no shorter than nineteen (19) feet, and
no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i)
fifteen (15) self-park Public Parking Spaces on the parking level accessed via Relocated First Street
The Developer shall implement the Parking Protocol described on Exhibit O. which
shall be applicable to all parking with in the Project
5 Pedestrian Access Improvements. The Developer shall have the right but shall not
be obligated to construct the Pedestrian Access Improvements. If Developer elects to construct such
improvements, Developer shall be responsible for their design and construction subject to the review
and approval of the design by the City.
6. Dedication of Pedestrian Access Improvements. In the event the Developer elects
to build the Pedestrian Access Improvements, the Pedestrian Access Improvements shall be dedicated
to and owned by the City and open to the public and operated in accordance with the terms of the
License Agreement. The public shall have access to the Bridge at the street level on both the east and
west sides of the Bridge. The Developer is not required to permit ingress by the public from the
Bridge into the Hotel, the Residential Condominium or any other portion of the Project or related
amenities on the Project Site.
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7. Develooer's Pro Rata Share. The Developer shall be responsible for its Pro Rata
Share, less only the transportation impact fee credits which may be credited against the Developer's
Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows:
a. In the event that the City is able to finance, and notifies the Developer that it
intends to commence construction of all of the South Gulfview and Beach Walk Improvements as a
single project on or before the date of the Developer's application for the first building permit for the
Project, then, prior to the issuance of the first building permit for the Project, upon Developer's
request, the City shall provide the Developer with copies of the South Gulfview Beach Walk
Improvements Plans and all related budgets and construction contracts finally approved by the City in
connection therewith (the "Information Package"), and as a condition of issuance of the first building
permit for the Project, the Developer shall establish a letter of credit, trust account or escrow facility
for the payment of the Developer's Pro Rata Share (the "Share Payment Facility"), which shall be
subject to the approval and acceptance ofthe City. The Share Payment Facility shall make provision
for the City to be able draw down the Developer's Pro Rata Share in amounts equal to the percentage
completion certified by the City Manager of the City multiplied times the Developer's Pro Rata
Share. The Developer's Pro Rata Share shall be the Net Cost ofthe South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage of the Project Site along the South
Gulfview and Beach Walk Improvements is the numerator and the total frontage along South
Gulfview and Beach Walk Improvements is the denominator (the "Share Formula").
b. In the event that the Developer determines to commence development of the
Project and the City has not arranged financing for the construction of the South Gulfview and Beach
Walk Improvements in their entirety and has not notified the Developer as indicated in subparagraph
(a) above, the Developer shall, prior to application for the first building permit, notify the City of its
intent to commence development of the Project ("Developer's Commencement Notice"). Within
forty-five (45) days of Developer's Commencement Notice, the City shall solicit bids for the
construction. The Developer shall pay to the City the actual bid price for the portion of the South
Gulfview and Beach Walk Improvements which are contiguous to the Developer's Project Site which
shall be considered the Developer's Pro Rata Share. Said payment shall be made immediately upon
award of the construction contract for the South Gulfview and Beach Walk Improvements by the City
Council. To meet its payment obligation, the Developer may provide a Share Payment Facility to be
drawn upon over time, all as described in subparagraph ( a) above. The Developer's Commencement
Notice shall provide Developer's best estimate ofthe date on which the Hotel would be eligible for a
final Certificate of Occupancy, and the City and Developer shall act and coordinate reasonably to
cause the South Gulfview and Beach Walk Improvements Schedule and any contracts related to those
improvements to reflect an anticipated completion date on or prior to the anticipated date of the final
Certificate of Occupancy for the Hotel.
In the event that the Developer's Pro Rata Share is less than anticipated in (a) or (b) above, to the
extent the City has received any payment in excess thereof, the City shall return to the Developer any
such excess payment within thirty (30) days of such determination. In the event the Developer's Pro
Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview
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and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30) days
of written request from the City.
c. In the event that any property other than the Project Site which fronts
on the South Gulfview and Beach Walk Improvements is proposed for redevelopment using units
from the Hotel Unit Pool, the developer of such property shall be required to pay a pro rata share of
the cost of both the South Gulfview Improvements and Beach Walk Improvements as a condition of
development approval. Such developer's pro rata share shall be calculated based upon the same
Share Formula set out above but applied to the proposed project.
9. Covenant of Unified Use. Prior to the issuance of the first building permit for the
Project, the Developer hereby agrees to execute the covenant of unified use and development for the
Project Site providing that the Project Site shall be developed as a single project and operated and
used as a unified mixed use project, the form of which covenant is attached as Exhibit J; provided
however, that nothing shall preclude the Developer from operating the existing improvements on the
Developer's Property other than as a unified use prior to the demolition ofthose structures existing
thereon as of the Effective Date or from selling all or a portion of the Project Site in a condominium
form of ownership in connection with the Project or from selling all or a portion of the Developer's
Property in the event that Developer determines not to construct the Project. It is understood and
agreed that, in the event that the Developer enters into the anticipated covenant of unified use and
development, and the Developer elects not to construct the Project and notifies the City of its election
in writing, and, alternatively, as of the date of expiration or revocation any rights of Developer to
incorporate the Additional Hotel Units into the Project, the City shall execute and deliver to the
Developer a termination of such covenant of unified use and development suitable for recording in the
Public Records of Pine lIas County, Florida.
10. Project Obli2ations. Developer intends to diligently pursue the redevelopment of the
Project Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by
governmental authorities necessary for development of the Proj ect, (c) construction of various private
improvements on the Project Site and (d) to the extent that a final certificate of occupancy is issued
for the Project, the operation of the Project as a unified and integrated project.::; The Developer shall
take all actions necessary to maintain control of the Project Site from the Commencement Date until
the Completion Date.
11. Dedications. As a condition of the issuance of a building permit for the Project, but
contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the
Developer shall make the First Street Dedication and effect the Land Exchange.
ARTICLE 6. Intentionally Omitted.
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ARTICLE 7. CONSTRUCTION OF THE PROJECT.
7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any
contractor or provider of services with respect to the construction of any part of the Project not
constituting all or any part of public improvements.
7.02 Construction Sequencing. The Developer shall construct the Project in a manner and
fashion which will reasonably minimize the inconvenience experienced by property owners of
Clearwater Beach and the residents of the City directly resulting from the construction of the Project.
ARTICLE 8. [INTENTIONALL Y OMITTED]
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely upon each
ofthe following statements:
1. To the extent that the Developer is an entity, as opposed to a natural person, the
Developer is duly organized and validly existing under the laws of the State of Florida, has all
requisite power and authority to carry on its business as now conducted, to own or hold its properties
and to enter into and perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do business in the
State of Florida, and has consented to service of process upon a designated agent for service of
process in the State of Florida.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party have been duly authorized by all necessary action on the part of,
and have been or will be duly executed and delivered by, the Developer, and neither the execution and
delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the
approval and consent of any other person, except such as have been duly obtained or as are
specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or
order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default
under or results in the creation of any lien or encumbrance upon any property of the Developer under
any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of
Incorporation, Articles of Organization, or any other agreement or instrument to which the Developer
is a party or by which the Developer may be bound.
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and
binding obligation of the Developer enforceable against the Developer in accordance with the terms
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thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any court or administrative agency against the Developer, or against any
controlling unit holder, shareholder, officer or employee of the Developer which question the validity
of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the transactions contemplated
hereunder or the financial condition of the Developer.
5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid,
all taxes shown to be due and payable on such returns or on any assessments levied against the
Developer.
6. All information and other documentation, including that pertaining to the Project or
the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge,
on the date of delivery thereof, true and correct.
7. The principal place of business and principal executive offices ofthe Developer is in
Tampa, Florida.
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, meaning that, as of that date, Developer has the financial ability to retain
professional services required to obtain the required approvals for and produce documentation
required in connection with the Project and has the ability to seek financing for the construction of the
Project.
9. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design, planning, construction,
completion and opening for business of the Project, meaning that, to the extent that the Developer
does not hold the professional licenses or possess the expertise required to execute any single aspect
of the Project, such as, without limitation, a general contractor's license, the Developer has the
expertise to retain and supervise such persons as are required to develop the Project.
9.02. Covenants. The Developer covenants with the City that until the earlier ofthe Termination
Date (hereinafter defined) or the Expiration Date:
1. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
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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
ofthe Project by the Developer in accordance with the Plans and Specifications and this Agreement,
and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are
or will be applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its financial capability
to develop, construct and complete the Project and shall promptly notify the City of any event,
condition, occurrence, or change in its financial condition which adversely affects, or with the passage
of time is likely to adversely affect, the Developer's financial capability to successfully and completely
develop, construct and complete the Project as contemplated hereby.
ARTICLE 10. CITY REPRESENT A TIONS, WARRANTIES AND COVENANTS.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the Developer rnay 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 ofthis 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
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the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding
obligations of the City enforceable against the City in accordance with the terms thereof, except as
such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
lO.02.Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
1. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those
instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those
events contemplated by this Agreement that are applicable to and are the responsibility ofthe City.
3. The City shall assist and cooperate with the Developer to accomplish the development
ofthe Project in accordance with this Agreement and the Plans and Specifications, will carry out its
duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances,
rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the
extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any
ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or
agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any
provision of this Agreement to be in violation thereof.
4. Except for the demolition of existing structures on the Project Site and the removal of
objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit, or
suffer any waste or impairment to the Project Site, nor shall the City request or recommend any
rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the
development of the Project.
ARTICLE 11. DEFAULT; TERMINATION.
11.01.Project Default by the Developer.
I. There shall be an "event of default" by the Developer pertaining to the entire Project if
the Developer shall fail to substantially perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor.
2. a. If an event of default by the Developer described in subparagraph (1) above
shall occur, the City shall provide written notice thereof to the Developer, and, if such event of
default shall not be cured by the Developer within thirty (30) days after receipt of the written notice
from the City specifying in reasonable detail the event of default by the Developer, or if such event of
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default is of such nature that it cannot be completely cured within such time period, then if the
Developer shall not have commenced to cure such default within such thirty (30) day period and shall
not have diligently prosecuted such cure to completion within such reasonable longer period of time
as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith~
the curative period shall be extended for a period of not exceeding six (6) months without any
approval or consent of the City being required, but such approval will be required if the curative
period is to be extended beyond six (6) months after the notice of default has been given by the City
to the Developer, and such extended curative period may be ended by the City electing to do so upon
any Project lender finding the Developer to be in default of any Project financing and the curative
period therefor has expired without such event of default being cured) then, in addition to any remedy
available under Paragraph 12.05, the City may terminate this Agreement or pursue any and all legal or
equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure
such event of default within said thirty (30) day or longer period or ceases to proceed diligently to
timely cure such event of default, then the City may proceed to enforce other available remedies
without providing any additional notice to the Developer.
b. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other
remedy to which either may be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
3. Notwithstanding any provision of this paragraph, a default by the Developer shall not
affect the title of any Residential unit or common area conveyed by the Developer to an unrelated
third party or to a Residential Condominium association which is not controlled by the Developer.
11.02. Default by the City.
1. There shall be an "event of default" by the City under this Agreement in the event the
City shall fail to substantially perform or comply with any material provision of this Agreement
applicable to it.
2. a. If an event of default by the City described in 11.02(1) shall occur, the
Developer shall provide written notice thereof to the City, and, after expiration of any applicable
curative period equivalent to that described in Paragraph l1.01(2)(a)above, Developer may terminate
this Agreement, institute an action to compel specific performance ofthe terms hereof by the City or
pursue any and all legal or equitable remedies to which the Developer is entitled.
b. Any attempt by the Developer to pursue any of the above referenced remedies
will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any
other remedy to which it might be entitled.
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c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
11.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are entitled
under this Agreement are not exclusive and are intended to be in addition to any other remedies or
means of redress to which the City or the Developer may lawfully be entitled and are not specifically
prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the
Developer while the City shall at such time be in default of its obligations hereunder shall not be
deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations
by the City while the Developer shall at such time be in default of its obligations hereunder shall not
be deemed to be an "event of default" by the City.
11.04. Non-Action on Failure to Observe Provisions ofthis Agreement. The failure 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.
11.05.Termination Certificate.
1. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly execute a
certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly
state that this Agreement has been terminated in accordance with its terms, is no longer of any force
and effect except for those provisions hereof which expressly survive termination, that the rights,
benefits, duties and obligations of the parties hereto have been terminated and released (subject to
those surviving provisions hereof) and that the Project Site is no longer entitled to the benefits and
rights granted in this Agreement and is no longer subject to any restrictions, limitations or
encumbrances imposed by this Agreement. Such certificate shall also state the date as of which such
termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in this
Agreement, neither party shall have the right to require the other party to agree to a termination of
this Agreement.
2. The certificate described in subparagraph (1) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records of Pin ell as County, Florida.
ARTICLE 12.
RIGHT TO CONTEST.
12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written
notice to the City, contest by appropriate action or proceeding, conducted in good faith and with due
25
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 ofthe above, any
other payment specifically identified in this Agreement, or compliance with any law, rule, regulation,
or other such legal requirement. Notwithstanding the foregoing, the Developer may not contest
impact fees or other public charges of a similar nature levied by the City after such fees have been
paid by the Developer and received by the City.
ARTICLE 13.
ARBITRATION.
13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the same
matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or
dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties
hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such
disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless
all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding
under this part adversely affects the performance of any party hereunder, then any time periods
provided herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02. Appointment of Arbitrators.
I. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of
impasse in the dispute resolution process or upon the expiration of the time period for such arbitration
to be invoked, give written notice to that effect to the other party, and shall in such notice appoint a
disinterested person who is on the list of arbitrators having at least ten (10) years of experience in
litigating complex civil disputes maintained by the American Arbitration Association ("qualified
arbitrator") or a disinterested person not on such list to whom an objection is not made by any other
party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if
more than one (1) arbitrator is to be appointed, as one of the arbitrators.
b. Within ten (10) days after receipt ofthe notice described in subparagraph (I),
the other party shall by written notice to the original party acknowledge that arbitration has been
invoked as permitted by this Agreement, and shall either accept and approve the appointment of such
individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b)
above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of
26
qualified arbitrators maintained by the American Arbitration Association, and such three (3)
arbitrators shall as promptly as possible determine such matter.
b. If the second arbitrator shall not have been appointed as provided in
subparagraphs (a) and (b), the first arbitrator shall, after ten (10) days notice to the parties, proceed to
determine such matter.
c. If the two (2) arbitrators appointed by the parties pursuant to subparagraphs
(a) and (b) shall be unable to agree within fifteen (15) days after the appointment of the second
arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to
agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator
within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon
written notice to the other parties hereto may request the appointment of a third arbitrator by the
office in or for the State of Florida (or ifmore than one office, the office located closest to the City)
of the American Arbitration Association (or any successor organization thereto), or, in its absence,
refusal, failure or inability to act, request such appointment of such arbitrator by the United States
District Court for the Middle District of Florida (which request shall be filed in the division of that
court responsible for the geographic area including the City), or as otherwise provided in Chapter
682, F. S., known and referred to as the Florida Arbitration Act, as amended.
13.03. General Procedures. In any arbitration proceeding under this part, the parties shall each be
fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The
arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may
not change any such terms, or deprive any party to this Agreement of any right or remedy expressed
or implied in this Agreement, or award any damages or other compensation to any party hereto. The
arbitration proceedings shall follow the Commercial Arbitration Rules and procedures of the
American Arbitration Association (or any successor organization thereto), unless specifically modified
by this Agreement, or as then agreed to by the parties hereto.
13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority 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 and specific findings which form the basis therefor within thirty (30)
days after the conclusion of the hearing or final submission of all evidence or argument.
13.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to
serve as such, promptly upon such determination being made by the affected arbitrator, the affected
arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and
then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made
by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided
for in the original appointment of the affected arbitrator in Paragraph 14.02 hereof.
13.06. Decision of Arbitrators.
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1. If any decision reached by arbitration as provided in this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s)
promptly after the date of receipt by the Developer of such decision, and to continue such
performance to completion with due diligence and in good faith.
2. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the
City of such decision, and to continue such performance to completion with due diligence and in good
faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise provided for herein
13.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this
Paragraph 13.07, "expenses" shall include the fees and expenses of the arbitrators and the American
Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert
witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed
to by the parties to such proceeding, which in the absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
13.08. Accelerated Arbitration.
1. a. If either of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after an initial election to
invoke arbitration pursuant to Paragraph 13.02 hereof has been made, either party to such proceeding
may invoke accelerated arbitration by giving notice thereof to the other party no later than three (3)
days after arbitration has been initially invoked and the other party does not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be
accomplished by either party notifying the American Arbitration Association (or any successor
organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by
the American Arbitration Association (or any successor organization thereto) with the consent 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 subparagraph (2) is received by the
American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall
tenninate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties
mutually agree to an extension of such time period.
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2. The Developer and the City hereby agree to use such accelerated procedure only when
reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as
may be permitted by law, and that all other provisions of this part, except as are in conflict with this
Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding,
13.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended,
known and referred to as the Florida Arbitration Code.
13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, F. S., and shall be open to any member of the
public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law
or order (other than an order by a sale arbitrator or a panel of arbitrators acting under this part), the
record of such proceedings shall be a public record under Chapter 119, F. S.
ARTICLE 14.
UNAVOIDABLE DELAY.
14.01. Unavoidable Delay.
1.. Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition described in
subparagraph (1) as an event of "Unavoidable Delay" shall be excused in the manner provided in this
Paragraph 14.01.
2. "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement, acts of a public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by lay, unavailability of materials after timely ordering of same,
epidemics, quarantine restrictions, freight embargoes, fIfe, lightning, hurricanes, earthquakes,
tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records
of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor
disturbances, delays due to proceedings under Chapters 73 and 74, F. S., restoration in connection
with any of the foregoing or any other cause beyond the reasonable control of the party performing
the obligation in question, including, without limitation, such causes as may arise from the act of the
other party to this Agreement, or acts of any governmental authority (except that acts ofthe City shall
not constitute an Unavoidable Delay with respect to performance by the City).
3. An application by any party hereto (referred to in this subparagraph (3) and in
subparagraph (4) as the "Applicant") for an extension of time pursuant to this subparagraph must be
in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other
party to this Agreement within seven (7) days following the occurrence of the event or condition
causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with
the exercise of reasonable diligence should have become aware) of such occurrence.
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4. The Applicant shall be entitled to an extension oftime for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence 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 15. RESTRICTIONS ON USE.
15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the
Expiration Date, no use ofthe Project, other than as described in Paragraph 2.03, shall be permitted,
other than the operation or modification of improvements existing on the Effective Date until those
improvements are demolished, unless and until the Developer or the person, if other than the
Developer, intending to so use the Project or Project Site, shall file with the City a request for a
release from the restriction imposed by this paragraph. The City Council shall promptly consider such
request and either deny the request, approve the request as filed, or approve the request subject to
such terms, conditions and limitations as the City may reasonably require in connection with the
pursuit of the development described in this Development Agreement. Unless specifically requested
and approved, a release of the restriction imposed by this paragraph shall not release the Developer
from any obligations or restrictions imposed by this Agreement or any agreement, instrument or
document contemplated hereby.
ARTICLE 16.
MISCELLANEOUS.
16.01. Assignments.
1. By the Developer.
a. The Developer may sell, convey, assign, transfer or otherwise dispose of any
part or all of its right, title, interest and obligations in and to the Developer's Property, the Project,
and this Agreement at any time. However, any sale, conveyance, assignment, transfer or other
disposition of the Developer's interest in this Agreement ("Assignment") that takes place prior to the
date on which Developer pays Developer's Pro Rata Share, whether in cash or by making available
the Share Payment Facility as provided in Paragraph 5.05(7), shall not be effective except upon
receipt by Developer of the City's written consent to such Assignment, which shall not be
unreasonably withheld or delayed. The City shall grant its written consent to such Assignment upon
receipt of (a) reasonable evidence that the purchaser, assignee or transferee ("Assignee") has the
financial ability to or the ability to obtain fmancing to pursue development of the Project; (b)
reasonable evidence of Assignee's expertise to pursue or ability to retain persons with the appropriate
expertise to pursue development of the Project, (c) ability to operate or to retain persons with the
appropriate expertise to operate the Hotel and (d) a written agreement by Assignee to assume and to
be bound by the terms of this Agreement.
Notwithstanding the foregoing, an Assignment to an Assignee that is a financial institution or
a partner of or investor in the Developer; shall not require the City's consent to be effective.
30
b. In the context of an effective Assignment, if the Assignee assumes all of the
Developer's obligations under this Agreement for the Project, or for that portion ofthe Project that is
subject to such Assignment, then the Developer shall be released from all such obligations hereunder
which have been so assumed by the Assignee, and the City agrees to execute an instrument evidencing
such release, which shall be in recordable form.
c. An Assignment by the Developer to any person or entity or trust for estate planning
purposes or to any entity in which the Developer or any of the persons comprising the Developer is a
general partner or has a controlling interest or, where the Developer, through a joint venture or other
arrangement, shares equal management rights with a financial institution and maintains such
controlling interest or equal management rights shall not be subject to any restriction on or approvals
of Assignments imposed by this Paragraph 16.01, provided, however, that notice of such Assignment
shall be given by the Developer to the City not less than thirty (30) days prior to such Assignment
being effective, and the Assignee shall be bound by the terms of this Agreement to the same extent as
would the Developer in the absence of such Assignment.
d. No purchaser, assignee or transferee of all or any part of the Developer's rights or
obligations with respect to the Developer's Property, the Project, this Agreement shall in any way be
obligated or responsible for any of the Developer's obligations with respect to the Project by virtue of
this Agreement unless and until such purchaser, assignee or transferee has expressly assumed the
Developer's obligations under this Agreement and written notice thereof is provided to the City.
e. Notwithstanding any other provision of this paragraph, the sale of individual
Residential Units or Hotel Units in the ordinary course of business shall not be subject to the
requirements of this paragraph.
2. City's Right to Assign Rights. The City shall have no right to assign its rights under
this Agreement to any person except upon the prior written consent ofthe Developer.
16.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit ofthe
City, and its successors and assigns, and the Developer and, as applicable to the parties comprising
Developer, their personal representatives, trustees, heirs, successors and assigns, except as may
otherwise be specifically provided herein.
16.03. Notices.
I. 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:
31
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 2QO
Tampa, Florida 33609
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
with copies to:
Timothy A. Johnson, Esquire
911 Chestnut Street
Clearwater, FL 33767
Pamela K. Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue, 3rd Floor
Clearwater, FL 33756
2. Notices given by courier service or by hand delivery shall be deemed received upon
delivery, and notices given by mail shall be deemed received on the third (3rd) business day after
mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at the
address indicated above (or as it may be changed) shall be deemed to have been an effective delivery
as provided in this Paragraph 16.03. The addresses to which notices are to be sent may be changed
from time to time by written notice delivered to the other parties. Until notice of change of address is
received as to any particular party hereto, all other parties may rely upon the last address given.
16.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the
City and the Developer and the Agreement, including, without limitation, the exhibits, shall not be
deemed to have been prepared by the City or the Developer, but by both equally.
16.05. Venue; Submission to Jurisdiction.
1. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas
County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida,
Pinellas County and any federal courts having jurisdiction, for the purposes of any suit, action, or
other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way
of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the
venue of such action is improper or that the subject matter thereof may not be enforced in or by such
courts.
3. Ifat any time during the term of this Agreement the Developer (or any of its permitted
successors and assigns) is not a resident of Florida and , to the extent required by law, does not
register with the State of Florida the identity and location within the State of its registered agent for
purposes of service of process and, otherwise has no officer, employee or other agent available for
service of process within the State of Florida, the Developer hereby designates the Secretary of State,
State of Florida, its agent for the service of process in any court action between it and the City arising
32
I _____
out of or relating to this Agreement, and such service shall be made as provided by the laws of the
State of Florida for service upon a non-resident; provided, however, that at the time of service on the
Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address
for notices as provided in Paragraph 16.03.
16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not less than
ten (10) days prior notice by Developer, execute, acknowledge and deliver to the Developer and
other persons reasonably designated by Developer a statement in recordable form certifying, to the
extent true, that this Agreement has not been modified and is in full force and effect (or, if there have
been modifications, that the said Agreement, as modified, is in full force and effect and setting forth a
notation of such modifications), and that, to the knowledge of the City, neither it nor Developer is
then in default hereof (or if either party is then in default hereof, stating the nature and details of such
default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 may be
relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or
assignee of the respective interest in the Developer or the Project, if any, of any party made in
accordance with the provisions of this Agreement.
16.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein, including, without
limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto
to the date hereof, and supersedes and controls over any and all prior agreements, understandings,
representations, correspondence and statements, whether written or oral.
2. Any provision of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
3. This Agreement cannot be changed or revised except by written amendment signed by
all parties hereto.
16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way define, limit,
describe the scope or intent of this Agreement or any part thereof, or in any way affect this
Agreement or construe any article, paragraph, subparagraph, or provision hereof.
16.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday
observed in the City, it shall be postponed to the next following business day.
16.10. Exhibits, Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached
hereto shall be treated as if they are part of this Agreement.
33
l6.ll. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result of the
execution and delivery of this Agreement, including any of the exhibits.
16.12. Not Agents. During the term of this Agreement, neither party hereunder is an agent of the
other party with respect to any and all services to be performed by such other party (and any of its
agents, assigns, or successors) with respect to or in connection with the Project.
16.13. Recording of Development Agreement. Pursuant to ~ 163.3239, Florida Statutes (2004),
the City shall record this Agreement in the public records of Pin ell as County, Florida, within fourteen
(14) days after City Council approval of this Agreement. The Developer shall pay the cost of such
recording. A copy of the recorded development agreement shall be submitted to the state land
planning agency within fourteen (14) days after the agreement is recorded.
16.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fu1fi11s and
is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a
proper exercise of the City's power and authority.
16.15. No General Obligation. In no event shall any obligation of the City under this Agreement be
or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing
power of the City within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds. Neither the
Developer nor any other party under or beneficiary of this Agreement shall ever have the right to
compel the exercise 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.
16.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve
either party from full compliance with any provision of State law which is applicable to any of the
obligations or under takings provided for in this Agreement. In the event that this Agreement omits an
obligation to comply with any provision of State law in regard to any of the obligations or
undertakings provided for in this Agreement, it is the intention of the parties that such applicable
State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that
there is any conflict between the provisions of this Agreement and applicable State law, it is the
intention ofthe parties that the Agreement shall be construed to incorporate such provisions of State
law and that such provisions shall control.
16.17. Technical Amendments. In the event that due to minor inaccuracies contained herein or
any exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting
from technical matters arising during the term 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 Managertis authorized to approve such technical amendments on behalf of the City and is authorized to execute
34
any required instruments, to make and incorporate such amendment to this Agreement or any exhibit
attached hereto or any other agreement contemplated hereby.
16.18. Term; Expiration; Certificate.
1. If not earlier terminated, this Agreement shall expire and no longer be of any force and
effect on the 10th anniversary of the Effective Date (the "Expiration Date").
2. Upon completion of the term of this Agreement, all parties hereto shall execute an
Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall
be so provided in the certificate) a conclusive determination of satisfactory completion of all
obligations hereunder and the expiration of this Agreement.
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article
13.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pine lIas County, Florida. Following execution by all of the parties
hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the
public records of Pinellas County, Florida and the Developer shall pay the cost of such recording.
16.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as 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 umeasonably withheld or delayed, unless otherwise expressly authorized
by the terms of this Agreement.
16.20, Effective Date. As provided by SI63.3239, 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.
[Signature page follows]
35
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
The City Florida of Clearwater, Florida
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of
2005, by and , Mayor and City
Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of ,2005,
by Kiran C. Patel as Managing Member ofK & P Holding, L.e., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
37
EXHIBIT A
DEVELOPER'S PROPERTY
Parcell:
1:.01; 1, Bl<Xf!kflA" # COLUMEltA SUBDIVISION, aecording. to pllLt thereot
r.cardod iXl f/1At,eoOk 23,1'''9'' 60 I P~blic . Recorc:1s of PinsaUlts
OOUl'1ty, FIQrU. # 'tCl~.thlilr.itb tho Vft.9.~"~SO~tb.rly 1 foot of
GUU VieM )JQ\\l~vard. adjac:ent.+:.o .$0.1d Let 1, .1l.l'1c:1. the v&ell.tod.
HlIator ly 1 foot of OoronlldQ I:lriveo.dj4.Qentto .1':1l.1c:1J.c;lt. 1, ~&id
vll.cat;.d.$'o"~!.()U bifJing shown. by Resolution U'teet Navelllber2"1.
1959, J.t! a.R.. IJ<K:>k 151, Pe,go40.. PUl>lLc.Reeords. of PiJ'lellae
(",q'lpty, P16f>Llll., .&l\d daD Lot~ "4, 4S,46, 4?, .$0, .91" 92,S3, 94
95,. 91;'.n491, 'rHlU.OY!)...WB:rTB-SKi~NER SUBD:tVISI0N,ilClCOr4ing 'to
pbtth.rlilo! t,.oord.d in Ph.t Book 13, P498SU and. 13.. Public
Recorda ofplnf!llll. C,Q~nt.r, Flol ida. togethfilr withtbe "'..olLt....d
West$1:'ly 1 .86 f~t Q! CQronJ,dotlrive l:.djaeent to :Jl'lhltat 93.
ParccJ U:
tots 48, 49, SO, 51, 52 a.nd 98, 'J.fhe Lloyd-waite-Skinner
Subdivision, AOG!ording to the map or plat:. tbereof as
l..\X'eccrrde.d in .Plat ll()()k 13, Pag6 12,Publi..oRec.ord$ of
P inellas County ,Florida.
I>arcel 111:
LOt. 5S, No:t.'th 40 feet QfLot 56JSottth'!Qfeet of .Lot 10~/~11
of Lot 1 0:2, Andtn~ North 30 feet of. I.,ot 10) , LLOYD ..WH.r1'e..
Sl(lNNER $'OBlJ.LVJ.S.tUN1 accol:ding to thell1ap or plat thereof as
recorded in Plat Book 13, pages 12 an<l 13, public recorda of
Pinell.e.s< County. Florida,
LQI:S . 1:>3,$4, 9!l, ;1.00 ~nd tho Northc:::tJ.y :)(J t:eet; of wt: 101,
Lt.OYf)-NIU'I'6..SKlNNl::R SOSOIVIsrON. acco:l7ding \:0 the map or plat.
t:h~.rouf asrecordodin t'liJ.t13ooK 13, p-:.gea 12 and ;13, public
rC'C'~t'dr' ('IfPj n~J.) 1I1:.' CO!,lnty, FJOl"J na .
38
EXHIBIT A-I
First Street Dedication.
Relocated First Street
And Relocated Coronado
39
EXHIBIT A-2
VACATIONS OF RIGHTS OF WAY
EXHIBIT B
PRELIMINARY PROJECT PLANS
EXHIBIT B-1
MODIFIED PROJECT DESIGN
EXHIBIT B-2
MINIMUM QUALITY STANDARD
Exhibit B-2
Hotel Quality Standard
Minimum Quality Standards
The Development Agreement ("Agreement") between the City of Clearwater, Florida (the
"City") and K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer") provides
for the allocation of two hundred and fifty (250) resort hotel units from the Beach by Design Hotel
Unit Pool to the site on which the Developer anticipates building the project described in the
Agreement (the "Project Site"), which project is to contain, among other things, 350 hotel units
within a quality resort hotel (the "Hotel"). Beach by Design establishes physical, functional and
operational requirements for a proposed development to be eligible for an allocation of resort units
from the Hotel Unit Pool. The allocation of the resort hotel units to the Project Site represents a
significant economic incentive for the development of the Hotel.
The purpose of this Exhibit is to establish:
1. minimum quality standards for the proposed Hotel;
2. a process for assessing compliance with the minimum quality
standards; and
3. an enforcement mechanism in the event that the Developer shall
fail to comply with the minimum quality standards.
Minimum Quality Standards
The City and the Developer agree that there are two (2) alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
1) membership in ( a) the AAA and obtaining and maintaining a
minimum quality rating of at least four (4) diamonds; or (b)
Mobil Travel Guide ("MTG") and obtaining and maintaining a
minimum quality rating of at least four (4) stars; or (c) such
other travel marketing and rating service as the City
reasonably approves ("Other Rating Service") and obtaining a
quality rating comparable to the AAA and MTG ratings
described in (a) and (b) of this subparagraph;
or
2) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least three (3) diamonds; or (b)
membership in MTG and obtaining and maintaining a
minimum quality rating of at least three (3) stars, and in
addition to (a) or (b), inclusion in the Hotel upgraded
improvements and facilities as described hereinafter.
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) of the total number of AAA four (4) diamond
quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v)
bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most
current edition as of the date of issuance of the building permit for the Hotel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by compliance with the following (the "Upgrade Criteria"):
I. Exterior.
A. Curb Appeal.
1. A combination of exterior elements which create an impressive well-integrated
and excellent level of curb appeal.
11. Excellent variety of landscaping professionally planned and maintained.
111. Impressive architectural features well-integrated into the surrounding area.
B. Parking.
1. Lighting fixtures reflect characteristics of the design of the property.
11. Physical evidence of added security exists.
111. Excellent overall illumination.
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme of the property;
high degree of comfort, featuring professionally fitted coverings; an abundant variety
oflive plants or unique dried floral arrangements.
b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with
unIque area rugs.
c. Illumination: Light fixtures are well-appointed and of an upscale design that
complements the overall theme of the property; multi-placement provides overall
excellent illumination.
d. Signage: Design is well-defined in harmony with the theme of the property.
e. Lobby/Registration Area: Spacious registration area; upgraded luggage carts;
recognizable guest-service area and bellstand.
f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from
traffic areas. Pressing is available at specific times.
g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or
bar area.
h. Recreational Facilities:
1. Swimming pool area is well-appointed with upscale design elements and an excellent
quality and variety of pool furniture and hot tub. Food and beverage is available
poolside.
J. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design
elements. Audiovisual equipment available.
1. Restrooms. Upscale facilities appropriate for the number of meeting rooms.
m. Additional Recreational Facilities: Excellent variety of additional recreational
facilities is available on site or arrangements are made for off-site services.
n. Sundries and Other Shops: Upscale gift shop.
III. Guestrooms.
a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of
movement for guests.
b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end
stone floors with unique area rugs,
c. Clothes Hanging Space: At least eight open-hook wood hangers.
d. Clothes Storage Space: Sufficient space for two pieces ofluggage; upgraded racks or
benches.
e. Illumination: Excellent overall illumination; free standing fixtures in appropriate
places.
f. Television Placement: Television located in closed armoire.
IV. Guestroom Amenities.
1. Multiple or cordless telephone. High-speed internet access. Enhanced guest-service
directory in folder.
2. Upgraded stationery. Framed or beveled full-length mirror.
3. Full-size iron and ironing board.
4. Minibar.
v. Bathrooms:
a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or granite
flooring.
b. Free Floor Space. Excellent size bathrooms affording guests increased ease of
movement and comfort.
c. Amenities:
1. Excellent quality plush towels; oversized.
11. Facial tissues of excellent quality in decorative container.
111. Free-standing hair dryer.
IV. Bathroom area rug.
v. Make-up mirror.
VI. Telephone.
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after a final Certificate of Occupancy for the Hotel is issued
by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or Other
Rating Service (the "Hotel Rating Service"), such that an inspection by the Hotel Rating Service
would be reasonably expected to occur within twelve (12) months following the issuance of the CO
("Initial Inspection Period"). Upon receipt of the report issued by the Hotel Rating Service ("Rating
Service Quality Report"), the Developer shall immediately deliver a copy of the rating report to the
City.
In the event that the Hotel Rating Service does not or is unable to inspect the Hotel within the
Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality
assessment of the Hotel from a qualified hotel/resort industry expert ("Independent Quality
Assessment") within ninety (90) days after the issuance of the CO. In the event that the Developer
fails to deliver a qualified Rating Service Quality Report or a qualified Independent Quality
Assessment to the City within ninety (90) days after the first anniversary of the CO, the City may at
the Developer's expense, obtain a written opinion of an independent expert in the hotel/resort
industry with regard to the compliance of the Hotel with the Minimum Quality Standards established
in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Quality Standards
1. The Developer shall maintain compliance with the Minimum Quality Standards throughout
the term of this Agreement.
2. In the event that the initial rating of the Hotel equals four (4) diamonds, four (4) stars or the
equivalent with an Other Rating Service or better, maintenance of such rating shall constitute
full compliance with the Minimum Quality Standards.
3. In the event that the initial rating of the Hotel equals three (3) diamonds, three (3) stars or the
equivalent with an Other Rating Service, and the Developer has included in the Hotel the
required upgraded improvements and facilities as described above, the maintenance of such
rating shall constitute compliance with the Minimum Quality Standards. On the fifth
anniversary of the issuance of the CO, if the most recent Rating Service Quality Report does
not address compliance with the upgraded improvements and facilities requirement established
in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written opinion
from a qualified hotel/resort industry expert that 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 Comolv
In the event that a Rating Service Quality Report, an Independent Quality Assessment or the
opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no
longer complies with the Minimum Quality Standards established in this Exhibit or the Developer fails
to provide the City with a Rating Service Quality Report or an Independent Quality Assessment or
expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating
that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade
Notice"), the City shall notify Developer of default in a writing which details identifying the nature of
the default(s) ("City Quality Default Notice").
If the default(s) described in the City Quality Default Notice are based upon a Rating
Downgrade Notice, Developer shall have that period of time given to Developer by the downgrading
hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum
Quality Standard and to present to the City reasonable evidence that Developer has either prevailed in
its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is
based.
Ifthe City Quality Default Notice is based on any basis provided for in this Exhibit other than
a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the
Developer intends to dispute the Default Notice. 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 it is not reasonably possible to cure the default within thirty (30) days,
the Developer shall submit a sworn statement describing the steps necessary to cure the default and to
the time period necessary to cure the default. In the event that the Developer disputes the Default
Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in
the event that the Developer's dispute is resolved in favor ofthe City, the Developer shall then cure
the default within thirty (30) days after resolution of the dispute.
In the event that a City Quality Default Notice was based on a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement every two (2)
years after the default is cured until the expiration or termination date of the Agreement.
Notwithstanding anything contained in this Agreement to the contrary, it shall not be
considered a default under this Agreement ifthe Developer must make modifications or take actions
to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken
requires the alteration of structural or architectural design elements of the Project which were
approved by the City in connection with the construction of the Project or where the cost of such
modifications or actions, including any debt service incurred by the Developer in connection
therewith, cannot be recovered over the useful life of the item to be modified, as reasonably
determined by the City and the Developer.
Remedies upon Event of Default
Upon the occurrence of an Event of Default which is not cured within thirty (30) days,
Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars
($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality
Default Notice at issue remain uncured.
In the event that an Event of Default occurs, the accumulated fines shall be a lien against the
Hotel component ofthe Developer's Property which may, at the City's sole discretion, be enforced
through a foreclosure proceeding.
EXHIBIT C
PROJECT SITE
The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the
Dedications (as described in Exhibit A-I and Exhibit L), plus the Vacations of Rights of Way (as
described in Exhibit A-2), as depicted on the attached diagram.
--,
EXHIBIT D
COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK
IMPROVEMENTS
[Please see the attached diagrams which depict the coordinated design features.]
EXHIBIT E
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the
day of , 2005 by K & P Clearwater Estate, LLC.
K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property
described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The
City of Clearwater has amended its Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a preliminary design for the revitalization of
Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provides for
the allocation of bonus resort units as an incentive for the development of destination quality resorts
with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a
Community Redevelopment District, the allocation of bonus resort units is subject to compliance with
a series of performance standards, including a requirement that the resort hotel to be developed on the
Real Property implement a trip generation management program to reduce the number of vehicle trips
generated by the use and operation of the Real Property.
The City of Clearwater has granted, by City Council Resolution passed and
approved on , the application of K & P Clearwater Estate, LLC, for an
allocation of bonus resort units pursuant to the provisions of the designation of Clearwater Beach as a
Community Redevelopment District subject to compliance with the requirements of the designation of
Clearwater Beach as a Community Redevelopment District. K & P Clearwater Estate, LLC, desires
for itself, and its successors and assigns, as owner to establish certain rights, duties, obligations and
responsibilities with respect to the use and operation of the Real Property in accordance with the
terms and conditions of the allocation of bonus resort units to K & P Clearwater Estate, LLC, and the
designation of Clearwater Beach as a Community Redevelopment District, which rights, duties,
obligations and responsibilities shall be binding on any and all successors and assigns and will run with
the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of bonus resort units to K & P
Clearwater Estate, LLC, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, to K & P Clearwater Estate, LLC, hereby declares, covenants and agrees as
follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of
K & P Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on
behalf of the said residents by the City Council of the City of Clearwater.
2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P
Clearwater Estate, LLC, hereby covenants and agrees to the development, use and operation of the
Real Property in accordance with the provisions of this Declaration.
2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC, shall
prepare a Trip Generation Management Program which includes, at a minimum, the program
elements which are set out in Exhibit 2 which is attached hereto and incorporated herein.
2.2 Implementation. K & P Clearwater Estate, LLC, shall take all necessary and
appropriate steps to implement the approved Trip Generation Management Program and the
selected management strategies.
3.
recording.
Effective Date. This Declaration shall become effective immediately upon its
4. Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5. Recording. This Declaration shall be recorded in the chain of title of the Real Property
with the Clerk of the Courts of Pin ell as County, Florida.
6. Attorneys Fees. In the event the City of Clearwater or K & P Clearwater Estate, LLC,
is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall be
entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from the
non-prevailing party.
7. Severability. If any provision, or part thereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to be invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, K & P Clearwater Estate, LLC, has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2005.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of ,2005,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT 2
Trip Generation Management Program
I. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the
developer shall implement a Transportation System Management Plan. This
Plan shall establish practices, procedures and costs/fees for services to reduce
the number of trips to and from the site. Examples of methods, which may be
considered are:
a. Guest shuttle services/airport
b. Guest shuttle services/activities
c. Employee shuttle
d. Non-motorized modes for Hotel guests
e. Fixed route transit
f Taxis/demand responsive transit
g. Non-motorized modes for employees
h. Staggered working hours
The plan will address the trip characteristics of resort occupancy, compare and contrast the
generation and reduction methods against non transient units and create a supporting trip
utilization projection for the Beach by Design transit proposal from both Hotel visitors. The
plan will apply a best methods approach. City and County transportation programs may also
generate additional methods based on special studies or intergovernmental program funding
(County-wide Gulfview Trolley System).
EXHIBIT F
COVENANT REGARDING HURRICANE EVACUATION
and
DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARA nON OF COVENANTS AND RESTRICTIONS ("Declaration") is made
as of the _ day of , 200_, by K & P Clearwater Estate, LLC, a Florida limited
liability company ("Developer").
Developer is the owner of fee simple title to the real property descnbed in Schedule 1 attached
hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida
(the "City"), has amended it Comprehensive Plan to designate Clearwater Beach as a Community
Redevelopment District pursuant to thc Pincllas County Planning Council Rules in order to implement
the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of bonus resort hotel units ("Bonus Units") as an incentive
for the development of destination quality hotel resorts with a full complement of resort amenities.
Pursuant to the Designation, the allocation of Bonus Units is subject to compliance with a series of
performance standards, including a requirement that resorts containing a hotel developed with Bonus
Units ("Hotel") shall be closed and all Hotel guests evacuated from such resorts as soon as practicable
after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Hotel is evacuated in advance of the period of
time when a hurricane evacuation would be expected in advance of the approach of hurricane force
winds.
The City has granted, by City Council Resolution , passed and approved on
Developer's application for Bonus Units pursuant to the Designation, subject to
Developer's compliance with the requirements ofthe Designation. Developer desires for itself, and
its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities
with respect to the use and operation of the Real Property in accordance with the terms and
conditions of the allocation of the Bonus Units to the City and the Designation, which rights, duties,
obligations and responsibilities shall be binding on any and all successors and assigns and will run with
the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Bonus Units to Developer,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged,
Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them and also
for the benefit of the residents of the City and shall be enforceable on behalf of said
residents by the City Council of the City.
2. Covenant of Development. Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with
the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of two hundred and fifty (250) hotel units, which is the
number of hotel units allocated to DEVELOPER, shall be used solely
for transient occupancy ofthirty (30) days or less, must be licensed as
a public lodging establishment and classified as a hotel, and must be
operated by a single licensed operator ofthe hotel. No hotel unit shall
be used as a primary or permanent residence.
2.1.2 All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "resort condominium," and "operator" shall
have the meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure ofImprovements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a
hurricane watch by the National Hurricane Center, which hurricane watch
includes Clearwater Beach, and all Hotel guests, visitors and employees other
than emergency and security personnel required to protect the resort, shall be
evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modifY
the terminology employed to warn of the approach of hurricane force winds,
the closure and evacuation provisions of this Declaration shall be governed by
the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that
the guests, visitors and employees will be evacuated in advance ofthe issuance
of a forecast of probable landfall.
3 Effective Date. This DecIaration shall become effective upon issuance of all building
permits required to build the project of which the Hotel is a part ("Project") and
Developer's commencement of construction of the Project, as evidence by a Notice of
Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Bonus Units to the Developer expires or is
terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pin ell as County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City
determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or
through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to e
invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _,
day of 2005.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of , 2005,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT G
REQUIRED PERMITS AND APPROVALS
1. Site plan approval
2. Conditional Approval of Vacations /Dedications
3. Piling & foundation permit
4. Demolition permit
5. Site alteration/drainage permit
6. Utility relocation permit
7 . Vacation of rights of way approval, conditions and replat approval
8. SWFWMD ERP permit or exemption
9. FDEP sewer permit
10. Pinellas County Health Department Water Permit
11. Building permits package
a. structural
b. mechanical
c. electrical
d. plumbing
12. License Agreement (for Pedestrian Access Improvements (Bridge))
13. Bridge Facilities building permit
14. Cafe Seating License
15. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department
16. Land Exchange
I
EXHIBIT H
PEDESTRIAN ACCESS IMPROVEMENTS
BRIDGE - That structure depicted conceptually in the tentative location shown on the
attachment hereto.
EXHIBIT I
[Intentionally Blank]
I
EXHIBIT J
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
Timothy A. Johnson, Jr., Esquire
911 Chestnut Street
Clearwater, Florida 33757
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
, 2005 by K & P Clearwater Estate, LLC, a Florida limited liability company
("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule A
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated ,2005 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a multi-use project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does
hereby agree that, effective as of the date on which Developer receives all permits required to
construct the Project and Developer commences construction thereof, as evidenced by a Notice of
Commencement for the Project, the Real Property shall be developed and operated as a unified mixed-
use project as a single destination resort hotel and Residential Condominium project, as described in
the Development Agreement. The restrictions set forth in the preceding sentence shall expire
automatically when and if Developer's allocation of Additional Hotel Units (as defined in the
Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer
to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its
right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further,
nothing in this Agreement shall preclude the purchase and sale of one or more Residential Units to be
constructed as a part of the Project (the "Residential Condominiums") (or Hotel Units (as defined in
the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated
third parties, provided that such Residential Condominiums or Hotel Units are operated and occupied
as part of the Project as a single unified project throughout the term of this Agreement. Developer
agrees that the City shall have the right to enforce the terms and conditions of this Agreement.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _ day
of , 2005.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2005,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT K
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), is made and entered into this _day of
2005, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
("Licensor"), and K & P Clearwater Estate, LLC, a Florida limited liability company ("Licensee"):
WITNESSETH:
WHEREAS, Licensor is the owner of fee simple title to that property described in Exhibit A
("Licensor's Property");
WHEREAS, Licensee is the owner of fee simple title to that property described in Exhibit B, together
with all improvements thereon ("Licensee's Property") and, pursuant to that Development Agreement
dated ,2005, between Licensor and Licensee (the "Development Agreement") is
the developer of a mixed use resort project on Clearwater Beach including three hundred and fifty
(350) hotel rooms and seventy- five (75) Residential Units, together with related parking and accessory
uses, as described in the Development Agreement ("Licensee's Resort");
WHEREAS, in conjunction with the construction of Licensee's Resort, Licensee intends to construct
an elevated bridge ("Bridge") for beach access between a portion of Licensor's Property located on
Clearwater Beach ("Licensor's Parcell ") and that portion of Licensor's Property constituting ground-
level public pedestrian space immediately contiguous to the Licensee's Resort ("Licensor's Parcel 2"),
as well as access to Licensee's Resort itself, all as shown in Exhibit C;
WHEREAS, the Bridge will be dedicated to the public;
WHEREAS, the City has determined that it is in the best interests of the residents of the City of
Clearwater to allow Licensee to construct, use, maintain and operate the Bridge;
WHEREAS, the Licensor is willing to grant a license to Licensee to construct, maintain, use and
operate the Bridge for the purposes stated in this Agreement.
NOW, THEREFORE IT IS MUTUALL Y AGREED, AS FOLLOWS:
1. Licenses Granted.
(a) Licensor hereby grants to Licensee (I) a non-exclusive license to use the Bridge, (2) an
exclusive license to construct, operate and maintain the Bridge on the terms set forth in this
Agreement, and (3) an exclusive license to use the air space above those lands owned by the City for
construction and maintenance of the Bridge, which Bridge will pass through that air space between a
portion of Licensor's Parcell and Licensor's Parcel 2.
(b) Licensee hereby grants to Licensor an exclusive license for support for the Bridge by
those sections where the Bridge attaches, adheres to or adjoins Licensee's Resort where depicted on
Exhibit C.
Nothing in this Agreement shall be interpreted as a grant of property to Licensor or Licensee, and no
public easement or prescriptive easement shall be created by or in connection with the uses described
in this Agreement.
2. Term. The initial term of the License is fifty (50) years, beginning upon commencement of
construction of the Bridge (as evidenced by a written instrument executed by Licensor and Licensee),
and ending on the same day, fifty (50) years thereafter, unless terminated pursuant to Paragraph 3 of
this Agreement
3. Termination.
(a) This License Agreement may be terminated by the Licensor at any time, ninety (90)
days after providing Licensee written notice that the Bridge is not being maintained or operated in
accordance with the requirements of this Agreement ("Licensor's Notice of Default"). The Licensor's
Notice of Default shall specify each and every way in which the Licensee has failed to maintain or
operate the Bridge in accordance with the requirements ofthis Agreement ("Licensee Defaults"), and
the Licensee shall have ninety (90) days in which to reasonably cure the Licensee Defaults. If Licensee
cures the valid Licensee Defaults, then Licensor's Notice of Default shall be rendered null and void.
(b) Licensee may terminate this Agreement for cause at any time, ninety (90) days after
providing Licensor written notice that the Licensor is not in compliance with this Agreement.
("Licensee's Notice of Default "). The Licensee's Notice of Default shall specify each and every way in
which the Licensor has failed comply with the requirements of this Agreement ("Licensor Defaults"),
and the Licensor shall have ninety (90) days in which to reasonably cure the Licensor Defaults. If
Licensor cures the valid Licensor Defaults, then Licensee's Notice of Default shall be rendered null and
void, In addition, Licensee may terminate this agreement without cause ninety (90) days after
providing Licensor written notice of termination.
(c) In the event of termination of this Agreement by Licensor for default by Licensee, or by
Licensee without cause, Licensee, at Licensee's expense, shall detach and remove the Bridge and shall
support the Bridge solely on property owned by Licensor. Such removal must be accomplished in a
good and workmanlike manner and must not impair the structural integrity of the Bridge. The Bridge
must be finished with materials to be consistent in appearance and specifications of the Bridge.
(d) In the event of termination of this Agreement for default by Licensor, Licensor at
Licensor's expense, shall detach and remove the Bridge from Licensee's Property and shall promptly
restore the portions of Licensee's Property that are affected by such removal in a good and workman
like manner to a structurally sound and watertight condition and finished with materials to be
consistent in appearance and specifications with the immediately adjacent portions of Licensee's
Property.
4. Construction. Use. Operation and Maintenance.
(a) Construction and Use. Licensee shall construct the Bridge in accordance with plans
approved by the Licensor, and upon completion, shall dedicate the Bridge to the Licensor. Following
completion, except for necessary repairs and maintenance, the Bridge shall be used strictly for
pedestrian access to and from that portion of Licensor's Parcel I on which the Bridge is located,
Licensor's Parcel 2 and Licensee's Resort, provided, however, that nothing in this Agreement shall
require Licensee to grant to the general public ingress or other access to Licensee's Resort from the
Bridge or otherwise.
(b) Operation and Maintenance. Licensee shall use reasonable efforts, at Licensee's
expense, to operate and maintain the Bridge in structurally sound and reasonably clean condition, free
of debris, obstructions, and nuisances, including, without limitation, loud noises and noxious odors, as
well as panhandlers, loiterers and business solicitors, but excepting, however, (i) ordinary wear and
tear and (ii) damage or destruction as a result of force majeure or other risks where the cost to
Licensee of repair or replacement exceeds the amount of insurance or other proceeds received by
Licensee-to effect such repair or replacement, and (iii) modifications to the Bridge voluntarily made,
directed or caused by Licensor. In this connection, the Licensee shall have the right, but not the
obligation to exclude or remove from the Bridge any persons or items which could interfere with the
Licensee's operations and maintenance obligations set forth in this subparagraph (c). The foregoing
shall not be interpreted as a limitation upon the Licensor's police powers or its obligations to maintain
public safety.
5. Insurance. In connection with the Bridge, the Licensee shall maintain:
( a) Comprehensive general liability insurance for loss from an accident resulting in bodily
injury to or death of persons, where during the first three (3) years of the Term, the Licensee shall
maintain coverage with coverage limits of not less than $ in the aggregate and
$ per occurrence and a coverage limitation of$ for loss from an accident
resulting in damage to or destruction of property. Thereafter, the Licensee or shall increase such
coverage limits from time to time throughout the Term ofthis Agreement, as reasonably determined on
an annual basis by the Licensor. The Licensee shall designate the Licensor as an additional insured
under such insurance policies and shall promptly deliver to the Licensor certificates evidencing that
Licensor has been so designated; and
(b) Casualty insurance, insuring the Licensor and the Licensee, as their interests may appear,
against loss or damage by fire and other risks from time to time included under "all risks" policies, in the
amount of the full replacement cost of the improvements that constitute the Bridge as of the
Commencement Date and all subsequent alterations, additions, decorations, and improvements to the
Bridge and any and all furniture, fixtures and equipment located therein or thereon.
6. Hours of Operation. The Bridge shall be open at normal periods of beach use by the general
public at Clearwater Beach. Additionally, any time the Bridge is open to Licensee's patrons or guests,
it shall be open to the public.
7. Use of the Bridge. The Bridge shall be used for pedestrian access to and from the beach from
the east side of the Relocated South Gulfview. Licensee hereby covenants and agrees to make no
unlawful, improper, or offensive use of the Bridge.
8. Assignment. The Licensee shall be permitted to convey, assign, or transfer this Agreement, in
whole or in part on the same basis as the Licensee is permitted to convey, assign or transfer the
Licensee's rights under the Development Agreement.
9. Destruction of Facility. In the event that the Bridge is destroyed by whatever means, neither
Licensor nor Licensee shall be required to rebuild the Bridge. If Licensee elects to rebuild, the Bridge
shall be rebuilt in accordance with the original plans and specifications. In the event that the Licensee
does not elect to rebuild the Bridge, this License this Agreement shall terminate.
10. Incorporation. All of the recitals set forth in and all exhibits and schedules attached to this
Agreement are hereby incorporated into and made part of this Agreement by this reference.
-l
THE CITY FLORIDA OF
CLEARVVATER,FLORIDA
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this
by and
respectively, for the City of Clearwater, Florida, on behalf of the City.
day of ,2005,
, Mayor and City Clerk,
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of ,2005,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT A
LICENSOR'S PROPERTY
Licensor's Property consists of the following:
1. Licensor's Parcell [the area in which the western (beach side) landing of the Bridge
will be located]
2. Licensor's Parcel 2 [the area encompassing the eastern (land side landing) of the
Bridge]
3, The land, including, without limitation, air rights and subsurface rights, between that
portion of Licensor's Parcell on which the Bridge is located and Licensor's Parcel 2..
EXHIBIT B
LICENSEE'S PROPERTY
EXHIBIT C
DEPICTION OF BRIDGE
EXHIBIT L
LAND EXCHANGE AGREEMENT
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT is made and entered into as of the day of
2005, by and between the CITY OF CLEARWATER, FLORIDA, a municipality, hereinafterreferred
to as the "City," and K & P CLEARWATER ESTATE, LLC, a Florida limited liability company (the
"Owner") for the exchange of properties in Clearwater, Florida, as described herein.
The parties hereto agree as follows:
I. Excham!e of Property. The City shall convey to the Owner title to certain real
property referred to as "Parcell" which is described in Exhibit A to this contract. The Owner shall
convey to the City title to certain real property referred to as "Parcel 2 " which is described in Exhibit B
to this contract. The conveyance of Parcel I shall constitute full consideration for the conveyance of
Parcel2. The conveyance of Parcel 2 shall constitute full consideration for the conveyance of Parcell.
2. Definitions. In this contract, "Seller" shall mean the City with respect to Parcell and
the Owner with respect to Parcel 2. "Purchaser" shall mean the Owner with respect to Parcell and
the City with respect to Parcel 2. These terms are used for convenience and do not imply the payment
of any compensation other than conveyance of real property in exchange for real property.
3. Leeal Descriptions. Legal descriptions of the properties being exchanged between
the parties are as follows:
a. Parcel I - See Exhibit A attached;
b. Parcel 2 - See Exhibit B attached.
4. Purchase Price. It is mutually agreed that the transfer of Parcel 1 by the City to
the Owner and the transfer of Parcel 2 by the Owner to the City shall constitute the full and sufficient
consideration for the exchange of the parcels.
5. Contineencies. The exchange proposed in this contract shall be contingent upon
(1) the final approval by the governing council of the City (the "Council") of a development agreement
which governs the proposed redevelopment (the "Development Agreement"), (2) the City's issuance of
a vacating ordinance for Parcell, and (3) the issuance ofthe first foundation permit for the Project to
the Owner pursuant to Development Agreement.
6. Closine Date. The real property exchange transaction described in this contract shall be
closed and the deeds and other closing papers delivered following the effective date ofthe vacating
ordinance for Parcell and within ten (10) days following the issuance of the fIrst building permit for
the Project as defIned in the Development Agreement.
7. Title Evidence. As a condition of closing, the Owner shall order and provide at
its own expense a commitment for title insurance in the amount of the appraised value of Parcell as
determined by a duly licensed independent appraiser, which commitment shall show a marketable fee
simple title in the name ofthe City as to Parcell subject to only Permitted Exceptions (defIned below).
The Owner shall have ten (10) days after delivery of said commitment for the examination thereof, and
within said period shall notify the City in writing of any objections to said title. Ifthis notification is
not given within said time period, then said title shall be conclusively deemed to be acceptable to the
Owner. In the event that the title to Parcell is not good and marketable or is subject to other than
Permitted Exceptions, the City shall have ten (1 0) days thereafter to perfect the title. If the defects are
not cured within such time, then the Owner may cancel this contract or waive the defects and accept
the property without deduction on account of said defects. An owner's title insurance policy shall be
issued insuring Owner as the owner of Parcel 1 within a reasonable period of time following closing.
Also as a condition of closing, the Owner shall order and provide at its own expense a
commitment for title insurance in the amount ofthe value of Parcel 2 as determined by a duly licensed
independent appraiser, which commitment shall show a marketable fee simple title in the name of the
Owner as to Parcel 2 subject to Permitted Exceptions. The City shall have ten (10) days after delivery
of said commitment for the examination thereof, and within said period shall notify the Owner in
writing of any objections to said title. If this notifIcation is not given within said time period, then said
title shall be conclusively deemed to be acceptable to the City. In the event that the title to Parcell is
not good and marketable or subject to other than Permitted Exceptions, the Owner shall have ten (10)
days thereafter to perfect the title. If the defects are not cured within such time, then the City may
cancel this contract or waive the defects and accept the property without deduction on account of said
defects. An owner's title insurance policy insuring the City as owner of Parcel 2 will be issued to the
City within a reasonable period oftime after closing. The owner's title insurance policy naming the
City as owner shall be underwritten by a title insurance company reasonably acceptable to the City.
8. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject
to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character
other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions, or other matters that appear in the commitment
and/or survey (excluding standard exceptions) which are not objectionable exceptions;
c. Any adverse ownership claim by the State of Florida by right of sovereignty to
any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands,
and lands accreted to such lands;
d. Any agreements between the parties that are part of this
contract; and
e. Any standard exceptions not previously mentioned which are
not capable of deletion.
9. Survev. As a condition of the real property exchange closings described herein, a
registered Florida land surveyor shall survey each of the parcels. The costs thereof shall be borne by
the Owner as to both Parcell and Parcel 2.
10. Closinl!s and Possession. The real property exchange closings described in this
Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in
possession of that parcel transferred to said transferee.
11. Property Taxes. To the extent any property taxes are assessed, all property taxes shall
be prorated at closing to reflect ownership of the respective parcels as of the closing date.
12. Closine Costs. The Owner shall pay the following closing costs and expenses in
connection with the closing:
a. All documentary stamps in connection with the conveyance of the property;
b. The premium and all search fees payable for the owner's policies of title
insurance for both parties;
c. Recording fees in connection with those instruments necessary to render title
acceptable to the Purchaser; and
d. Owner's costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its attorneys' fees.
14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the
parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the
contract was executed, ordinary wear and tear excepted.
15. Assienabilitv. This contract may be assigned in the same manner as allowed in the
Development Agreement.
16. No Brokers. Each party affmnatively represents to the other party that no brokers
have been involved in this transaction and that no broker is entitled to payment of a real estate
commission because of this transaction.
17. Notices. All notices which are required or permitted hereunder must be in writing and
shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of
actual receipt by the addressee): (i) three (3) business days after having been deposited in the United
States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid; or
(ii) one (1) business day after having been deposited with an expedited, overnight courier service (such
as by way of example but not limitation, U.S. Express Mail or Federal Express), addressed to the party
to whom notice is intended to be given at the address set forth below with all delivery fees prepaid:
As to Owner:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
With a copy to:
Timothy A. Johnson, Jr., Esq.
911 Chestnut Street
Clearwater, FL 33757
As to City:
William B. Home II
City Manager
City of Clearwater
Post OffIce Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this paragraph, but notice of change of
address is effective only upon receipt.
18. Entire Contract. This contract and the exhibits referenced herein embodies and
constitutes the entire understanding among the parties with respect to the real property exchange
transaction contemplated herein and all prior or contemporaneous agreements, understanding,
representations and statements, oral or written, are merged into this contract. Neither this contract nor
any provisions hereof may be waived, modified, amended, discharged or terminated except by an
instrument in writing signed by the party against which the enforcement of such waiver, modification,
amendment, discharge or termination is sought, and then only to the extent set forth in such
instrument.
19.
of Florida.
Applicable Law. This contract is construed in accordance with the laws of the State
20. Headines. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this contract.
21. Bindinl! Effect. This contract shall be binding upon and shall inure to the benefIt of the
parties hereto and their heirs, personal representatives and successors by law.
22. Interpretation. Whenever the context hereof shall so require, the singular shall include
the plural, the male gender shall include the female gender and neuter and vice versa. This contract
and any related instruments shall not be construed more strictly against one party than against the other
by virtue of the fact that initial drafts were made and prepared by counsel for one of the parties, it
being recognized that this contract and any related instruments are the product of extensive
negotiations between the parties and that both parties have contributed substantially and materially to
the fInal preparation of this contract and all related instruments.
24. Other Al!reements. No prior or present agreements orrepresentations shall be binding
upon either party unless included in this contract or in the Development Agreement. No modifIcation
or change in this contract shall be valid or binding upon the parties unless in writing and executed by
the party or parties to be bound thereby.
25. No Partnership, Etc.. Nothing in this contract shall be construed to constitute the
creation of a partnership or joint venture between the parties.
26. Counterparts. This Agreement may be executed in several counterparts, each
constituting a duplicate original, but all such counterparts constituting one and the same Agreement.
Countersigned:
Brian 1. Aungst
Mayor-Commissioner
Approved as to form:
Pamela K. Akin
City Attorney
Witness:
CITY:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
OWNER:
K & P Clearwater Estate, LLC
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
Exhibit A
City owned property -- portion of Gulfview adjacent to North side ofK & P property.
Exhibit B
K & P owned property - Coronado dedication.
EXHIBIT M
SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS SCHEDULE
ITEM DURATION COMPLETION DATE
Complete design and construction plans January 2005
Bid & award construction contract 3 months April 2005
Construct S. Gulfview detour & Coronado 12 months April 2006
Improvements
Construct S. Gulfview & Beach Walk 12 months May 2007
from Central Plaza north to Coronado
Construct S. Gulfview & BeachWalk from 12 months June 2008
Central Plaza to southern end
Final project clean-up & Grand Opening 4 months November 2008
EXHIBIT 0
PARKING PROTOCOL
The following parking protocol shall be implemented by the Developer in order to reduce the
incidence of traffic backups at the entrance to the Project at Gulfview Boulevard (the "Gulfview
Entrance"):
1. Adequate valets shall be employed to handle anticipated traffic volumes. Valets shall be
provided as needed in the porte cochere area as well as on each parking level where valet
parking service is required to park the cars of hotel guests or the public.
2. Vehicles unable to access the parking garage because of unavailability of a parking elevator
shall be parked in the porte cochere area ofthe Project (the "Porte Cochere") so long as space,
and until elevator transport, is available.
3. The Gulfview Entrance shall be closed by Hotel personnel at any time that the vehicular traffic
in the Porte Cochere prevents vehicles entering the area from Gulfview Boulevard without
undue delay.
4. Vehicles unable to use the Gulfview Entrance because of its closure will be given written
instructions by Hotel personnel directing them to the street level parking entrance on
Relocated First Street (the "Relocated First Street Entrance").
5. Hotel event planners will take all steps reasonably necessary to encourage use of the parking
accessed by the Relocated First Street Entrance for events likely to cause a traffic backup on
Gulfview Boulevard. For example, (i) parties booking such events will be provided copies of
written directions suitable for distribution advising guests to avoid the Gulfview Entrance and
directing them to proceed directly to the Relocated First Street Entrance and (ii) prior to such
events steps will be taken to maximize the number of spaces available in the street level parking
area for use by guests attending the event.,
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Re: Item: 9.1
-----Original Message-----
From: Tim A. Johnson [mailto:TimJ@jpfirm.com]
Sent: Wednesday, February 16, 2005 2:42 PM
To: Tarapani, Cyndi; Akin, Pam; Hibbard, Frank; Jonson, William; Brink, Carolyn;
Petersen, Carlen; dealmakr@intnet.net
Cc: Kirit Shah; kpatel@visionarymed.com; gerald.koi@morrisarchitects.com
Subject: K & P Clearwater Estate, LLP (Patel)
At the City Council work session on Monday, February 14, questions were asked
regarding square footages of the building before and after the proposed change
to the "wedding cake" design. Please see the following table that addresses
these questions:
AREA AS APPROVED AS PROPOSED CHANGE
Air-conditioned 488,707 sq. ft 456,775 sq. ft (31,932)
space
Parking 215,000 sq. ft. 215,000 sq. ft. None
Saleable square 324,490 sq. ft. 292,558 sq. ft. (31,932)
footage
The square footage of the lobby has not changed.
Timothy A. Johnson, Jr.
Johnson, Pope, Bokor, Ruppel and Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Telephone: 727-461-1818
Facsimile: 727-462-0365
timi@iofirm.com
~:q.\
:r
City of Clearwater, Florida
Official Records and
Legislative Services Department
Phone (727) 562-4090
Fax (727) 562-4086
~
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FAX MESSAGE
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FAX NO.:
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FROM: ~~
DATE: a...\ q I O~-
NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 7
City Council
,~"~",,*..,_,,~,g,,~,!:!,~!!,,~~~,Y!u~,,~<!m,~!~,,!:!,,~!I,!!!,.
Tracking Number: 1,149
Actual Date: 02/17/2005
Subject / Recommendation:
Deny a development agreement between K & P Clearwater Estate, LLC (the property owner) and
the City of Clearwater and deny Resolution No. 04-39.
Summary:
The subject site is 2.739 acres (including First Street and a portion of South Gulfview Boulevard
rights-of-way; exclduing new Second Street right-of-way and a portion of Coronado Drive) and is
located at 100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard.
The City Council held a public hearing on December 16, 2004 to consider the Development
Agreement and continued the matter to the Febuary 17, 2005 meeting. A memorandum
outlining the update for the project is attached.
Originating: Planning
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard CODies attached: 0
Public Hearing: Yes
Advertised Dates: 01/30/2005
Financial Information:
Review Approval
Cvndi Taraoani
Pam Akin
02-07-2005 15:26:03
02-10-2005 13:04:21
02-07-2005 15:26:56
02-08-2005 14:24:15
02-08-2005 13:22:01
02-08-2005 15: 16:51
Cvndie Goudeau
Cvndi Taraoani
Garrv Brumback
Bill Horne
~ Clearwater
o
Interoffice Correspondence Sheet
TO:
FROM:
BILL HO~, CITY MANAGER
CYNDI TARAP ANI, PLANNING DIRECTOR
RE:
K & P CLEARWATER ESTATE, ILC
PROPOSED DEVELOPMENT AGREEMENT
DATE:
FEBRUARY 7, 2005
This memorandum provides an update on the status of the proposed Development
Agreement between the City of Clearwater and K & P Clearwater Estate, ILC for the
property known as the Days Inn on Clearwater Beach. The City Council held a public
hearing on December 16, 2004 to consider a Development Agreement and two right-of-way
vacation applications. Mter a public hearing and substantial discussion, the Council
continued the matters until its February 17, 2005 meeting. The purpose of this
memorandum is to provide the Council with a summary of activities that have ensued since
the first hearing and provide an updated staff recommendation.
There has been one meeting between the developer's attorney and City staff in the interim
since the first hearing. In addition, the developer's attorney has provided documents to the
City regarding a revision to the bridge location, two alternative designs for the hotel, and
revisions to the Development Agreement. All appropriate departments, including Public
Works, Engineering and City Attorney have been involved in the review of these documents.
The staff evaluation of each of these items is described below.
I. REVISED BRIDGE LOCATION
One of the concerns regarding the proposed bridge at the December hearing was the
beach landing of the bridge. The original recommendation expressed concern that
the beach landing would interfere with the City's lifeguard station/office due to the
extremely close, if not adjacent, location of the bridge to the City building.
The developer provided a drawing received on February 3, 2005 that moves the
bridge to the south and eliminates the "dogleg" design thus forming a single span
over Gulfview Boulevard.
Minor adjustments may bereql..llred to accommodate a Sl e 1 eguar
building. At this time, the developer has still not shown the bridge superimposed on
the 90% Beach Walk construction plans.
u. ALTERNATIVE DESIGNS FOR THE HOTEL
The developer has submitted two alternative designs for the hotel building. For
identification purposes, the developer has named the alternatives as "The Wedding
Cake" and "The Notch." Although each alternative reduces the size of the building,
neither alternative reduces the number of hotel rooms nor of condominiums. Each
alternative is described briefly below.
The Wedding Cake altern<itive makes some minor reductions in the size of the
buildin by providing more stepb.a.cks on the north 41ld south ends of the building.
reduces the size on four condominium floors to, 11, 12 and 13 by approximately
8,1 00 square feet on each floor.
The Wedding Cake alternative makes no change in the project's compliance with the
Design Guidelines of Beach i?Y Design since the portions of the buildings that are
proposed to be reduced were not included in the original calculations of 40% solidi
60% open requirement.
The second alternative, The Notch, creates a notch in the approximate center of the
building that is five floors high andapprq~ately 85 feet wide. The Notch reduces
the size of the building by approJcim(.!.~ely26,OOO square feet for a revised total
building size of 298,425 square feet.. The:N'otch alternative reduces the size of five
condominium floors 9, to, 11, 12 and 13.. Qfparticwar concern in this alternative is
that the elevators to serve the building remain on the north side of the building with
the notch separating the elevators frornthe southern half of the building. To
provide elevator access to the southenlpa.rt of the building will likely require
additional design revisions that have not been identified and shared with the staff to
date.
In the Notch revtslOn, the develaper did not praperly calculate the solidi open
calculation as provided in Beach b.YJ)es~nisincehe included a longer distance with
which to. make the calculatian. In~<:lgt~an,th~develaper still daes not include some
partian af the two wings thatcan)~~s~el"l.Jrom Coronado and should properly be
partially included. Thus, wearelltl~ple>toeyaluate the revised Notch design as it
relates to the provision of the)<:i~i<.teliJ;lesb\lt believe that there is no significant
change from the earlier propasalofrl1~a.n1QtJflt af salid building area as viewed from
Coronado. The original design had a 48.85% solid ratio, exceeding the Guidelines
requirement af 40%.
We have evaluated each altenJ.atiYt'e.:1st8i",,~ether they wauld require a new review of
the site plan and designpyt~f.:~()t!U!llltlity Development Baard (CDB). The
Wedding Cake is detennin.ednattoire(luif;~CDB review, while the Notch will
require the review of the CD13.J--Iawev!::f',the cl1::tnge in the bridge location requires
a new CDB review regardless of the design alternative chasen.
III. REVISIONS TO THE DEVELOPMENT AGREEMENT
The developer has made. changes in the propose(l Agreement to. return to. the
ariginal15 public parking spases(page 7, De6nitio.n29o.f"Public Parking" and Page
16, Sectian 5.05(4)). Thisrevisian. eliminatesthestaf't'sprevious concerns regarding
changes to. the site plan, fl6o.rp1ans, and parkingpperatians. The fifteen public
parking spaces will be access~d.via new First Street as shown in the appraved site
plan. Any change to. this d~signwill require reviewhythe CDB. The develaper
retains the cammitment to.. pravide a <<Parking Pratocol" (Exhibit 0) to assist in
managing the parking demand far the project.
I t appears that the develaper desires the City Council to. consider both design
alternatives-neither of which have.heen approved by the CDB. It wauld be
inappropriate for the Cauncil to select> one af these designs as part of the
Development Agreement decisiansinseidesignreviewautharity rests with the CDB
far major changes ar with the CanunlJIlity Develapment Caardinator far minor
changes. The specific process fo.r.>rev1ywing the design alternatives has been
addressed in this memorandum. Irradditiog,the staff remains seriously cancerned
that the site planes) referenced intheD~Ycl.o:proent Agreement and the approved site
plan are not the same document, which creates an inconsistency in the review
process.
IV. SUMMARY
In summary, some of the issues raised by the City Council and staff have been
addressed and others have not as described below.
1. Design
The developer hasprqposed two aitern.ative designs from the original design
as approved by theCD13. Neitheraltemative makes a significant change in
the design to warrant the staff recommendation for approval nor does either
alternative bring the project closer to compliance with the Guidelines of
Beach i?Y Design.
2. Parking
The developer has retu.roed to the original ftfteen parking spaces rather than
the earlier proposed tOO spaces to be used by the public on a space available
basis.
3. Bridge Location
4. Process for Review.ir!gDesign Changes
The Wedding Cake design can he . considered a minor change and reviewed
by the Planning Departrn.ent.The process for that review requires the
developer to submit plans artdaJetter outlining the changes. The Planning
Departrn.ent will forward the plans to all affected City department for review
and comment and subsequently issue a letter either approving or denying the
minor change.
The Notch design
substantial change to
follow the typical CDB
submitting a complete
review and then for the
since it makes a more
design. This review would
initiated by the developer
the case is scheduled for DRC
cc: Garry Brumback, Assistant City Manager
Pam Akin, City Attorney
Mahshid Arasteh, Public Works Administrator
Geri Campos, Economic Development and Housing Director
Margie Simmons, Finance Director
f(~ q. 1
CLEARWATER BEACH RESORT-
PATEL APPLICATION
BUILDING SIZE COMPARISONS
July Original Wedding Amount of
2004 Design Cake Change
Gross AC Sq. AC Sq. ( Original
Sq. Ft. Ft. Ft. Design vs.
Wedding Cake)
Sq. Ft. %
Building 602,748 582,565 549,185 33,380 5.7%
Garage 207,965 207,965 207,965 n.c. n.c.
TOTAL 810,713 790,530 757,150 33,380 40,4
o
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Message
Page 1 of 1
(<.'[ '. ct. \
Brink, Carolyn
From: Tim A Johnson [TimJ@jpfirm.com]
Wednesday, February 16, 20052:42 PM
Tarapani, Cyndi; Akin, Pam; Hibbard, Frank; Jonson, William; Brink, Carolyn; Petersen, Carlen;
dealmakr@intnet.net
Cc: Kirit Shah; kpatel@visionarymed.com; gerald.koi@morrisarchitects.com
Subject: K & P Clearwater Estate, LLP (Patel)
Sent:
To:
At the City Council work session on Monday, February 14, questions were asked regarding
square footages of the building before and after the proposed change to the "wedding cake"
design. Please see the following table that addresses these questions:
AREA
Air-conditioned s ace
Parkin
Saleable square
foota e
AS APPROVED
488,707 s . ft
215,000 s . ft.
324,490 sq. ft.
AS PROPOSED
456,775 s . ft
215,000 S . ft.
292,558 sq. ft.
The square footage of the lobby has not changed.
Timothy A Johnson, Jr.
Johnson, Pope, Bokor, Ruppel and Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Telephone: 727-461-1818
Facsimile: 727-462-0365
timi@ipfirm.com
The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use
of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity
named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this
communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you.
2/17/2005
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City Council
~~"mmAge~.~~ CO~"~.!:.m.m~~~~..!:~,.!!.~ u !!!'...m.'.'_~
ENS - \
Q'1.
Tracking Number: 1,014
Actual Date: 02/17/2005
Subject / Recommendation:
Deny the applicant's request to vacate a portion of 60-foot street right-of-way of First Street
beginning at the northwest corner of Lot 48 of L1oyd-White-Skinner Subdivision (A.K.A. 100
Coronado Drive) and more particurlarly described in Exhibit "A" attached, subject to specified
conditions, and deny Ordinance Number 7371-05 on first reading, (V2004-02 K and P Clearwater
Estate, LLC),
Summary:
A Development Agreement between the City of Clearwater and K and P Clearwater Estate, LLC
proposes the redevelopment of the vacated right-of-way and adjacent property into a 350 room
hotel with 75 attached dwellings and 37,000 square feet of accessory uses.
Progress Energy, Verizon, Bright House and Knology Broadband have reviewed the request and
have no objections provided that the applicant assume all costs associated with the relocation of
their facilities.
The City of Clearwater presently has gas, stormwater and sanitary sewer facilities in the subject
right-of-way portion.
City staff is recommending the development agreement not be approved, consequently the
recommendation is for denial of this associated vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearinq: Yes
Advertised Dates: 11/28/2004
12/05/2004
Financial Information:
Review Approval
Glen Bahnick
11-23-2004 14:35:26
Brvan Ruff
11-29-2004 10:43:20
Bill Horne
12-06-2004 11: 53: 25
Michael Ouillen
12-03-2004 14: 12:26
Cvndie Goudeau
12-06-2004 15: 10:27
..
o
..
Frank Gerlock
Garry Brumback
City Council
,...."".~~~gend!!!.~ cov.~.~....~,.~~~.!:a !!.,~~,::!,~.,...",_~,.,.~.~,_,.._
11-24-2004 11:13:31
12-06-2004 08:59:27
ORDINANCE NO. 7371-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE 60-FOOT
RIGHT-OF-WAY OF FIRST AVENUE, (AK.A FIRST
STREET PER FIELD), SUBJECT TO SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kiran C. Patel owner of real property located in the City of Clearwater,
has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto;
and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Vacate a portion of the 50-foot right-of-way of First Avenue, (AK.A First Street per
field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records of Pinellas County, Florida), more particularly
described as: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05032'30"E along the easterly right-of-way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest corner of Lot 48 of said
Lloyd white skinner subdivision, thence N05032'30"E 60.00 feet to the southwest
corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the
northerly right-of-way line of First Avenue, L1oyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and
parallel with the westerly right-of-way line of Coronado Avenue as shown on the
plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right-of-way line of said First Avenue; thence N84027'30"W along said southerly
right-of-way line a distance of 192.00 feet to the Point of Beginning, subject to
the following conditions:
1) The project described within the Development agreement between the
City of Clearwater and K and P Clearwater Estate, LLC shall commence
vertical construction within three (3) years of the effective date of this
ordinance.
2) All public and private utilities shall be relocated by K and P Clearwater
Estate, LLC at its own expense and to the approval and acceptance of
Ordinance No. 7371-05
the utility owners with all out of service utilities removed prior to the
completion of the project,
3) This vacation shall become effective only after the dedication of
relocated First Street to the City.
4) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7371-05
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City of Clearwater, Florida
Public Works Administration/Engineering
Date DWG. NO
11/18/04 K and P Clearwater Estate, LLC VAC 2004-02
Drawn By Sheet
S.K. 20'2
Checked B Vacate Part Of First Street Sec-Twn-Rng
S.D. 08-29S-15E
GRID # Ordinance
276A 7371-05
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SCALE 1"=1320'
PROJECT
SITE
LOCA TION MAP
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Date
11/18/04
Drawn By
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Checked By
S.D.
GRID #
276A
City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC 2004-02
Sheet
10f2
Vacate Part Of First Street Sec-Twn-Rng
08-29S-15E
Ordinance
7371-05
ater
City Council
,!t9 el'!,!!.!, CO~,~,!:"~.~!!!~rC!~I'!..,~...~~",~~..,.,.."~",,,,..,..,.,,~
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Tracking Number: 1,015
Actual Date: 02/17/2005
Subject / Recommendation:
Deny the applicant's request to vacate two portions of South Gulfview Boulevard, one being
located along the north property line of Lot 1, Block A, Columbia Subdivision (A.K.A. 100
Coronado Drive) and the other adjacent to the west lot lines of Lots 44, 48 and 52 through 55
inclusive, said right-of-way portions being more particularly described in Exhibit "A" attached,
subject to specified conditions and deny Ordinance Number 7372-05 on first reading, (VAC
2004-04 K and P Clearwater, LLC),
Summary:
A development agreement between the City of Clearwater and K and P Clearwater Estate, LLC
proposes the redevelopment of the vacated right-of-way and adjacent property into a 350 room
hotel with 75 attached dwellings and 37,000 ~quare feet of accessory uses.
Progress Energy, Verizon, Bright House and Knology Broadband have reviewed the request and
have no objections provided that the applicant assumes all costs associated with the relocation
of their facilites.
The City of Clearwater presently has water and sanitary sewer facilites in the subject
right-of-way portions.
City staff is recommending the development agreement not be approved, consequently the
recommendation is for denial of this associated vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 11/28/2004
12/05/2004
Financial Information:
Review Approval
Glen Bahnick
11-23-2004 09:39:00
Brvan Ruff
11-24-2004 09:25:36
Bill Horne
12-06-2004 11:55:00
Michael Quillen
12-03-2004 14: 13:47
Cvndie Goudeau
12-06-2004 15:09:51
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Frank Gerlock
Garry Brumback
City Council
*"."........~g,~ndC!"M~o'!~!.~~.!!!.~~~.~.du~.............._........~.....
11-23-2004 13:27:22
12-06-2004 08:58:48
ORDINANCE NO. 7372-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE EASTERLY
ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF
GULFVIEW BOULEVARD, (AK.A SOUTH GULFVIEW
BOULEVARD PER FIELD), SUBJECT TO SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kiran C. Patel, owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Vacate a portion of the easterly one-half of the 70-foot right-of-way of Gulf View
Boulevard, (AK.A South Gulfview Boulevard per field), as shown on the plat of L1oyd-
White-Skinner Subdivision as recorded in Plat Book 13, page 12, public records of
Pinellas County, Florida; together with a portion of the southerly one-half of the right of
way of Gulf View Boulevard as shown on the plat of the City Park Subdivision as recorded
in Plat Book 23, page 37, public records of Pinellas County, Florida, being further
described as follows: From the southwest corner of Lot 55, L1oyd-White-Skinner
Subdivision, thence N05032'30"E along the easterly right of way line of Gulf View
Boulevard as shown on said plat a distance of 20.00 feet to the point of beginning; thence
N84 o27'30"W. 35.00 feet to the centerline of Gulf View Boulevard of said L1oyd-White-
Skinner Subdivision; thence N05032'30"E along said centerline a distance of 471.36 feet;
thence N48031"37"E, 21.59 feet; thence East, 31.83 feet to the southeasterly right of way
line of Gulf View Boulevard as described in O.R. Book 770, page 40, public records of
Pinellas County, Florida; thence southerly along said right of way line (being 1 foot
northerly and westerly from and parallel with the platted right of way line of Gulf View
Boulevard as shown on the plat of said City Park subdivision) 22.86 feet along the arc of
a non-tangent curve to the left having a radius of 34.00 feet, and a chord bearing
S24048'05"W, 22.43 feet; thence S05032'30"W, 3.60 feet to the southerly boundary of
City Park Subdivision; thence West, 4.02 feet along said southerly boundary to the
northwest corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S05032'30"W along
the easterly right of way line of Gulf View Boulevard according to said plat a distance of
465.07 feet to the point of beginning.
Containing 28,617+ square feet, or 0.657+ acres, together with:
Ordinance No. 7372-05
A portion of the right of way of Gulf View Boulevard as shown on the plot of City Park
subdivision as recorded on Plat Book 23, page 37, public records of Pinellas County,
Florida being further described as follows: From the Northwest corner of Lot 44, L1oyd-
White-Skinner Subdivision as recorded on Plat Book 13, page12, public records of
Pinellas County, Florida, thence East, 4.02 feet to the southwest corner of Lot 1, Block A,
Columbia Subdivision as recorded in Plat Book 23, page 60, public records of Pinellas
County, Florida, thence N05032'30"E along the easterly right of way line of Gulf View
Boulevard and the westerly line of Lot 1, Block A, Columbia Subdivision a distance of
3.60 feet; thence 22.86 feet along the arc of a curve to the right having a radius of 34.00
feet, and a chord bearing N24048'05"E, 22.43 feet to the point of beginning; thence
N44007'33"E, 32.00 feet; thence N45052'27'W. 15.54 feet, thence 53.62 feet along the
arc of a non-tangent curve to the right having a radius of 112.00 feet and a cord bearing
N76023'06"E, 55.11 feet; thence S89054'OO"E, 79.18 feet; thence 61.39 feet along the arc
of a curve to the right having a radius of 40.00 feet, and a chord bearing S45055'47'E,
55.54 feet to a point of intersection with the southerly right of way line of Gulf View
Boulevard as described in O.R. Book 770, page 40, public records of Pinellas County,
Florida; thence northerly and westerly along said southerly right of way line for the
following three (3) courses: 1) 12.21 feet along the arc of a curve to the left having a
radius of 28.66 feet, and a chord bearing N7r 41'35"W, 12.12 feet; 2) N89054'00"W,
145.50 feet; 3) 27.24 feet along the arc of a curve to the left having a radius of 34.00 feet,
and a chord bearing S6r08'43"W, 26.52 feet to the point of beginning, subject to the
following conditions:
1 ) The project described within the Development agreement between the
City of Clearwater and K & P Clearwater Estate, LLC ("Development
Agreement") shall commence vertical construction within three (3) years
of the effective date of this ordinance.
2) All public and private utilities shall be relocated by K & P Clearwater
Estate, LLC at its own expense and to the approval and acceptance of
the utility owners with all out of service utilities removed prior to the
completion of the project.
3) The public vehicular and pedestrian use of the subject right of way shall
be maintained until such time as a suitable paved roadway is
constructed to the west of the subject right of way to accommodate two
lanes of two way traffic capacity.
4) Payment of the Developer's pro rata share of the Beach Walk
Construction as identified in the Development Agreement.
5) This vacation ordinance shall be rendered null and void if any of the
preceding conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
2
Ordinance No. 7372-05
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Brian J. Aungst
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7372-05
Vacation Requested
By Applicant
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City of Clearwater, Florida
Public Works Administration/Engineering
Date DWG. NO
11/18104 K and P Clearwater Estate, LLC VAC2004-04
Drawn By Sheet
S.K. 20'2
Checked B Vacate Portions Of Gulf View Sec-Twn-Rng
S.D. Blvd. OB-29S-15E
GRID # Ordinance
276A 7372-05
A
LOCA TION MAP
SCALE 1"=1320'
PROJECT
SITE
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Date
11/18/04
Drawn By
S.K.
Checked By
S.D.
GRID #
276A
City of Clearwater, Florida
Public Works Administration/Engineering
DWG. NO
K and P Clearwater Estate, LLC VAC 2004-04
Sheet
10'2
Vacate Portions Of Gulf View Sec-Twn-Rng
Blvd. 08-29S-15E
Ordinance
7372-05
~ : q#3
ORDINANCE NO. 7372-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE EASTERLY
ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF
GULFVIEW BOULEVARD, (A.K.A. SOUTH GULFVIEW
BOULEVARD PER FIELD), SUBJECT TO SPECIAL
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Kiran C. Patel, owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A and
B sketches 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:
A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia
Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the
Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard,
as depicted on the plat of L1oyd-White-Skinner Subdivision, according to plat thereof, as
recorded in Plat Book 13, Pages 12 and 13, of the Public Records of the Public Records
of Pinellas County, Florida, all lying in the east % of Section 7, Township 29 South, Range
15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit
"A" attached hereto;
Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the
plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23,
Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of
Section 7, Township 29 South, Range 15 East, and the west % of Section 8, Township
29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal
description Exhibit "B" attached hereto, are hereby vacated, subject to the following
conditions:
1) The project described within the Development Agreement between the City of
Clearwater and K & P Clearwater Estate, LLC ("Development Agreement")
shall commence vertical construction within three (3) years of the effective
date of this ordinance.
2) All public and private utilities shall be relocated by K & P Clearwater Estate,
LLC at its own expense and to the approval and acceptance of the utility
owners with all out of service utilities removed prior to the completion of the
project.
Ordinance No. 7372-05
3) The public vehicular and pedestrian use of the subject right of way shall be
maintained until such time as a suitable paved roadway is constructed to the
west of the subject right of way to accommodate two lanes of two way traffic
capacity. .
4) Payment of the Developer's pro rata share of the Beach Walk Construction as
identified in the Development Agreement.
5) This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7372-05
SECTION . ? ~ ~ . , TOWNSHIP. . f~ . . SOUTH, RANGE. . )~ . . EAST, . . . . . ~I~~~~ . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
DA TE SURVEYED: N A
DATE DRAWN: 2-15-2005
X REFERENCE: 050079
GEORGE A. SHIMP II
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
3301 DeSOJ'O BOUU'YAfilJ, SUIJ'l'D
PAiN HARBOfi, fi'ZO/VDJ .146'83
PHONK (721) 784-#9f/ fi'U (727) 786'-/258
SEE EXHIBIT "8" ON
SHEETS 4 and 5
SEE EXHIBIT "A" ON
SHEETS 2 and 3
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CERllFlCA1l0N: I HEREBY CERllFY TO THE BEST OF MY KNO\\tEllGE AND BELIEF THAT
THE LEGAL DESCRIP1l0N AND SKETCH SHOI\N HEREON SUBSTANllALl Y MEETS THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING DESCRIBED IN THE STATE OF
flORIDA RULE 6!G!7, F.A.C. FURTHERMORE, THIS CERllFlCA 1l0N SHAll NOT EXTEND TO
ANY OTIiER PERSONS OR PARllES OTHER THAN THOSE NAMED HEREON AND SHAI.l NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SURVEYOR 'MTHOUT TIiE ORIGINAL
RAISED SEAL AND SIGNATURE OF THE flORIDA UCENSEO SURVEYOR AND MAPPER.
JOB NUMBER: 050088
DRAWING FILE: 050088C.DWG
LAST REVISION: N A
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137
LB 1834
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GRAPHIC SCALE
1 inch = 100 It
SHEET 1 OF 6
7 & 8 29 15 PINELLAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PART OF GULF VlEW BOULEVARD, AS DEPICTED ON THE PLAT OF COlUMBIA SUBDlV1S10N,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINEllAS
COUNTY, flORIDA, AND BEING A PART OF SAID GULF V1EW BOULEVARD, AS DEPICTED ON THE PLAT OF
LlOYD-WHITE-SKINNER SUBDIVlSlON, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND
13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, flORIDA, AllL'r1NG IN THE EAST 1/2 OF SECTION 7, TOWNSHIP
29 SOUTH, RANGE 15 EAST, PINEllAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS:
BEGINNING AT THE NORlliYtEST CORNER OF LOT #, Of SAID LlOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05'32'30.W. ALONG lliE EAST RIGHT-OF-WAY OF GULF VlEW BOUlEVARD, A DISTANCE OF 90.06 FEET TO lliE
SOUTHWEST CORNER Of SAID LOT #; THENCE S.OS'32'30.W., A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER
OF LOT 48, OF AfORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.OS'34'08.W. ALONG AFORESAID EAST
RIGHT-OF-WAY OF GULF VlEW BOULEVARD, A DISTANCE Of 154.95 FEET; lliENCE S.OS.31'21.W. ALONG SAID EAST
RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 160.0S FEET; lliENCE N.84'27'30.W., A DISTANCE Of
34.98 FEET; lliENCE N.OS'32'30.E. ALONG THE CENTERUNE Of SAID. GULF VIEW BOULEVARD, A DISTANCE OF 456.33
FEET; THENCE S.41.28'18.E., A DISTANCE Of 16.55 FEET; THENCE S.05'29'4Q.W., A DISTANCE OF 0.58 FEET; THENCE
S.84.30'20.E., A DISTANCE OF 6.00 FEET; THENCE N.OS'29'4Q.E., A DISTANCE OF 18.97 FEET; lHENCE CONTINUE
N.05.29'40.E., A DISTANCE Of 1.03 FEET; THENCE N.41'00'13.W., A DISTANCE OF 17.95 FEET; THENCE N.48.31'3tE., A
DISTANCE OF 14.15 FEET; THENCE N.90'00'00.E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE;
THENCE SOUTHYtESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY Of GULF VlEW BOULEVARD, BEING A CURVE TO lHE
LEfT HAVlNG A RADIUS OF 34.00 FEET, AN ARC Of 26.87 FEET, A CHORD Of 26.18 FEET AND A CHORD BEARING Of
S.28il'29.W.; THENCE S.OS'32'30.W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VlEW BOULEVARD, A DISTANCE OF
0.88 FEET; lliENCE N.90'00'00.W. ALONG THE NORTH BOUNDARY OF AFORESAID LOT #, A DISTANCE OF 3.82 FEET
TO lllE POINT OF BEGINNING.
CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS.
PREPARED FOR
K & P CLEARWATER ESTATES, LlC
EXHIBIT "An
SHEET 2 OF 6
. GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR &. MAPPER No. 6137
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRAWING FILE: 050088C.DWG DATE DRAWN: 2-1S-2005
LAST REVISION: N/A X REFERENCE: 050079
- GEORGE A. SHIMP II
r _ '\ AND ASSOCIATES, INCORPORATED
\..I...J LAND SURVEYORS LAND PLANNERS
........ 33()1 .DeS()J'() .B()UlfYAB/J. SUfJ'.K.D
PALl! HARJJ().H, .l'l()Rf.DA 3.(&03
LB 1834 P.H()"'.K (727) 70-1-5-19& .1'0 (727) 70&-125&
CERnFlCA TlON: I HEREBY CERnFY TO mE BEST OF MY KNO'M..EOGE AND BEUEF mAT
mE LEGAL DESCRIPTION AND SKETCH SHO\\tl HEREON SUBSTANl1ALLY MEETS mE
MINIMUM TECHNICAl STANDARDS FOR LAND SURVE'tlNG DESCRIBED IN mE STATE Of
flORIDA RULE 61G17, f.A.C. FURmERMORE, mls CERl1F1CAllON SHALL NOT EXTEND TO
ANY ornER PERSONS OR PARllES ornER lHAN mOSE NAMED HEREON AND SHALL NOT
BE VAUD AND BINDING AGAINST mE UNDERSIGNED SURVEYOR 'MmOUT mE ORiGiNAL
RAISED SEAL AND SIGNATURE Of mE flORIDA UCENSED SURVEYOR AND MAPPER.
7 & 8 29 15 PINELLAS COUNTY flORIDA
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . I
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
~ ~ G\Jlf ~ BOIJlEVAR~ (7~ R/Wl_ _ I
/1---.....,,1 1.0' VACATED R/W \ ~
I I "_,,
I \ LOT I. BLOCK "A", COlUMBIA
( I su"'..'" p.a 2J, PC. 60 (]! D
I
I
:J 4-t f!~::.~~E (60' ~/W) I
".~ iER Of lOr .. ---I
"/"/50/"/"/"'" 97, ~I
11
'I
,
of
,
I
I
I
I
I
Inn n IIR
r.:Juuuu
o 100
GRAPHIC SCALE
1 inch = 100 ft.
~
:R~
....~
Rio
_0>
o;;li
~-
~.3I:
5~
:~
~~
....., ~
.~ i3
P/
~
:z
I
3 52 i
~~..
4J LtO
SUBDIWSJON'YD,PV:/Tt-SKINNtR 99
. . -.::J .\. . . IJ, PGS. 12. ~ 1J)
LINE BEARING
L1 N90'OO'OO"W
L2 SOS'32'30"W
L3 N84'27'30"W
L4 541'28'18"E
L5 SOS'29' 40"W
L6 S84'30'20"E
L7 NOS'29'40"E
L8 N05'29' 40"E
L9 N41'00'13"W
L10 N48'31'37"E
L11 N90'00'00"E
L12 SOS'32'30"W
DISTANCE
3.82'
60.00'
34.98'
16.55'
0.S8'
6.00'
18.97'
1.03'
17.95'
14.1S'
34.32'
0.88'
98
~
c:;;
~
I
,
54 ~1~
1 I
en OJ
N N
I 1
,... ex)
15115
55 e I e
..---:l~
I
1
56 I
lDO
i'<
.~
f)
~
101
102
I
10J
EXHlsrr "A"
SHEET 3 OF 6
CHORD BEARING
S28'11'29"W
JOB NUMBER: OS0088
DRAYI1NG FILE: 050088C.DWG
LAST REVISION: N A
DATE SURVEYED: N A
DATE DRAWN: 2-15-2005
X REFERENCE: OS0079
GEORGE A. SHIMP II
AND ASSOCIATES, INCORPORATEJJ
LAND SURVEYORS LAND PLANNERS
33tJl DeSOTO BOUaWl.D, SUITff D
PAlK HAl?BOH, /'lOlUDA 34003
PIlONff (727) 704-$490 fAr (727) 700-/250
CERllACAllON: I HEREBY CERllFY TO TIlE BEST Of MY KNO'M.EDGE AND BElIEF TIlAT
TIlE LEGAL DESCRIP110N AND SKETCH SHOI'ttl HEREON SUBSTANl1AllY MEETS TIlE
MINIMUM TECHNICAl STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STATE Of
flORIDA RULE 61GI7, rAC. FURlHERt.tORE, TIllS CERllF1CATlON SHAll NOT EXTENO TO
ANY OTIlER PERSONS OR PARTIES OTIlER TIlAN lHOSE NAUED HEREON AND SHALl NOT
BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SURW:YOR 'MTIlOUT TIlE ORIGINAL
RAISED SEAL AND SIGNATURE Of lHE flORIDA UCENSEO SURW:YOR AND MAPPER.
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137
La 1834
7 & 8 29 15 PINELlAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
A PARCEL Of LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT Of COlUMBIA
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60. Of THE
PUBUC RECoRDS OF PINELLAS COUNTY, flORIDA, L'r1NG IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29
SOUTH, RANGE 15 EAST, AND THE \'/EST 1/2 OF SECllON 8, TOWNSHIP 29 SOUlH, RANGE 15 EAST,
PINELlAS COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH\'/EST CORNER OF LOT <<, OF LLO'r'D-Y.HllE-SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBUC
RECORDS OF PINELlAS COUNTY, flORIDA; THENCE N.90'OO'00"[ ALONG lHE NORlH BOUNDARY OF SAID
LOT #, A DISTANCE OF 3.82 FEET; THENCE N.OS.32'30"E. ALONG THE EASTERLY RIGHT-Of-WAY Of
AFORESAID GULF VIEW BOULEVARD, A DISTANCE Of 0.88 FEET TO A POINT OF CUR~; lHENCE
NORTHEASTERLY ALONG SAID EASTERLY RIGHT-Of-WAY OF GULF VIEW BOULEVARD BEING A CUR'vr TO
THE RIGHT HAVING ^ RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A
CHORD BEARING Of N.28'11'29"[ TO THE POINT Of BEGINNING; lHENCE N.90'00'00"W., A DISTANCE Of
29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CUR~ TO THE
RIGHT HAVING A RADIUS Of 112.00 FEET, AN ARC Of 102.51 FEET, A CHORD OF 98.97 FEET AND A
CHORD BEARING OF N.63'52'46"[; THENCE S.89'54'OO"E., A DISTANCE OF 79.18 FEET TO A POINT Of
CUR~; THENCE SOUTHEASTERLY ALONG A CUR~ TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN
ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING OF S.45.59'54"E. TO A POINT Of
NON- TANGENT CUR~; THENCE \'/ESTERLY ALONG THE SOUlHERLY RIGHT-Of-WAY OF AFORESAID GULF
VIEW BOULEVARD, BEING A CURVE TO lHE LEfT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98
FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING Of N.n'55'43"W.; lHENCE N.89'54'OO"W. ALONG
SAID SOUTHERLY RIGHT-Of-WAY Of GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT Of
CURVE; THENCE \'/ESlERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY Of GULF VIEW BOULEVARD BEING A
CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC Of 23.30 FEET, A CHORD OF 22.84 FEET
AND A CHORD BEARING OF 5.70"27' 47"W. TO THE POINT OF BEGINNING.
CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS.
EXHIBIT "B"
SHEET 4 OF 6
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR &: MAPPER No. 6137
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRAWING FILE: 050088C.DWG DAlE DRAWN: 2-15-2005
LAST REVISION: N/A X REFERENCE: 050079
... GEORGE A. SHIMP II
r.. , AND ASSOCIATES, INCORPORATED
\ ~ LAND SURVEYORS LAND PLANNERS
... 3301 .DuS07'O gOll.ll'YAJ(JJ, SlI/7'.K .D
PJLII &t.HBOJl, FZOJV1U 31tJ83
LB 1834 PHOH.K (72'1) 781-519$ FC (7.!7) 78$-12,,8
CERllFlCA nON: I HEREBY CERnFY TO THE BEST OF MY KNO'M.EDGE AND BELIEF THAT
THE LEGAl DESCRIPnON AND SKETCH SHO'M'l HEREON SUBSTANTIAlLY MEETS THE
MINIMUM TECHNICAl STANDARDS FOR LAND SURVEYING DESCRIBED IN THE STATEOf'
FLORIDA RULE G1G17, F.A.C. FURTHERMORE, THIS CERTIFICATION SHAlL NOT EXTEND TO
ANY OTHER PERSONS OR PARnES OTHER THAN THOSE NAMED HEREON AND SHAlL NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SURVEYOR YtlTHOUT lHE ORIGINAL
RAISED SEAL AND SIGNATURE Of' THE FLORIDA UCENSED SURVEYOR AND WAPPER.
SECllON . .7.~ ~ . , TOWNSHIP. . ~~ . . SOUTH, RANGE. . )~ . . EAST, . . . . . ~I~~~~ . . . . . . COUNTY, FlORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
~
LrnnnR
WWWLJ
o 50
GRAPHIC SCALE
1 inch = 50 It.
~,
II LLOYD-YrHITE -SKINNER
SUBDIVISION (P.B. 13, PGS. 12 '" 13) !
.... 44 45 4S I 47 / 90 91 92 93 ~I
g 3 ~I
~ ~
~
~I ...;
iE
& C)
" 0
.. ~
~I
U') U')
I I
ro '"
""
- - I J, t _ ~RS~~UE (60' R/W)
-.....
~ 5
F F - --
~ ~ - -
CURVE CHORD BEARING
Cl N28i 1 '29"E LINE BEARING DISTANCE
C2 N63'S2'46"E 11 N90'OO'OO"E 3.82'
C3 S45'59'54"E L2 NOS'32'30"E 0.88' EXHIBIT "B"
C4 N77'SS'43"W L3 N90'00'OO"W 29.08'
CS S70'27'47"W SHEET 5 OF 6
I
GUlf VIEW BOULEVARD (74' R/W)
S89'54'OO'E 79.18'
LOT I, BLOCK' A', COLUMBIA
SUBDIVISION (P.B. 23, PG. 60)
S. R/W UNE 1.0' VACATED R/W
N89'54'OO'W 145.71'
CERTIFlCA TION: I HEREBY CERTIfY TO mE BEST or MY KND'M..EDGE AND BalEF lHA T
lHE LEGAL DESCRIPll0N AND SKETCH SHOI'rtl HEREON SUBSTANllALL Y MEETS mE
MINIMU'-llECHNICAL STANDARDS FOR LAND SURVE'rlNG DESCRIBED IN mE STAlE OF
FLORIDA RULE 61G17, F.A.C. FURmERMORE, mls CERllF1CAll0N SHAll NOT EXTEND TO
ANY OTHER PERSONS OR PARllES OTHER THAN THOSE NAt.lED HEREON AND SHALL NOT
BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SURYrYCR YrlmOUT mE ORIGINAL
RAISED SEAL AND SIGNA lURE Of mE FLORIDA UCENSED SURYrYOR AND MAPPER.
JOB NUMBER: 050088
DRAWING FILE: 050088C.DWG
LAST REVISION: N A
DATE SURVEYED: N A
DATE DRAWN: 2-15-2005
X REFERENCE: 050079
GEORGE A. SHIMP II
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
3301 lJeSOi'O .BOUM'YAmJ, SUIi'K lJ
PAlJI HA/?.BOIl, 'ZORllJA 31&83
PHOHK (727) 781-519& I'D (727) 78G-/25fl
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR'" MAPPER No. 6137
LB 1834
7 &: 8 29 15 PINELlAS
SECTION . . . . . . I TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, flORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
ABBREVIA TrONS
A = ARC LENGTH
A/C = AIR CONDI1l0NER
AF = ALUMINUM FENCE
ALUM = ALUMINUM
ASPH = ASPHALT
BFE ; BASE FLOOD ELEVA TlON
BLDG = BUILDING
BLK = BLOCK
BM = BENCH MARK
BNDY = BOUNDARY
BRG = BEARING
BIW = BARBED WIRE FENCE
C = CALCULATED
CB = CHORD BEARING
CBS = CONCRETE BLOCK SlRUCTURE
CHD = CHORD
CL = CENTERUNE
CLF '" CHAIN LINK FENCE
CLOS '" CLOSURE
COL '" COLUMN
CONC = CONCRETE
CR = COUNTY ROAD
C /S '" CONCRETE SLAB
COR '" CORNER
COV '" COVERED AREA
o = DEED
DOT = DEPARTMENT OF lRANSPORTATlON
DRNG = DRAINAGE
D/W = DRIVEWAY
EL OR ELEV = ELEVATION
EOP = EDGE OF PAVEMENT
EOW ; EDGE OF WATER
ESM'T = EASEMENT
FCM '" FOUND CONCRETE MONUMENT
ITS ; FLARED END SECTION
FlP = FOUND IRON PIPE
FIR = roUND IRON ROO
Fl = flOW LINE
FLD = FIELD
fND = FOUND
FOP = FOUND OPEN PIPE
fPC = flORIDA POWER CORP.
FPP = FOUND PINCHED PIPE
FRM = FRAME
F7L = FLOOD ZONE UHE
GAR = GARAGf
G/E = GlASS ENClOSURE
HI'rf = HOG WIRE FENCE
HI'tt = HIGH WATER lJolE
INV = INVERT
LB = lAND SURVE'1'1NG BUSINESS
lfE = LOI'tfST FLOOR ElEV
LHSM = LOWEST HORIZONTAL SUPPORTlNG MEI.IBER
LS = lAND SURVEYOR
M = MEASURED
MAS = MASONRY
MES = MITERED END SECTION
MH = MANHOLE
MHI'tt = MEAN HIGH WATER LINE
MSl = MEAN SEA LEVEl.
N&B = NAIL AND BOTTlE CAP
Nldl = NAIL AND DISK
N&T = NAIL AND TAB
NGVD = NATIONAL GEODETIC VERTlCAL DATUM
NO = NUMBER
O/A .. OVERALl
OHW = OVERHEAD WlRE(S)
OR = OFFlClAL RECORDS
o /S = OffSET
P = PLAT
PB = PLAT BOOK
PC = POINT OF CURVE
PCC = POINT OF COMPOUND CURVE
PCP = PERMANENT CONlROL POINT
PG = PAGE
PK = PARKER KALON
PL = PROPERTY LINE
POB = POINT OF BEGlNNNG
POC = POINT OF COUUENCElIENT
POL = POINT ON LINE
PP = POWER POLE
PRC = POINT OF REVERSE CURVATURE
PRM = PERMANENT REfERENCE MONUMENT
PROP = PROPERTY
PSM = PROFESSIONAL SURVEYOR & MAPPER
PT = POINT Of TANGENCY
PW'T = PAVEMENT
RAD = RADIUS
R = RECORD
REf = REFERENCE
RES = RESIDENCE
RL = RADIAL LINE
RLS = REGISTERED lAND SURVEYOR
RND = ROUND
RNG .. RANGE
RRS = RAIL ROAD SPIKE
R/W = RIGHT-Of-WAY
SCM = SET CONCRETE MONUMENT
S/E = SCREENED ENCLOSURE
SEC = SECllON
SET N&D = SET NAIL AND DISK RLS, 2512
SIR = SET 1/2" IRON ROD RLS, 2512
sa = SQUARE
SRf = Sl'UT RAIL fENCE
SR = STATE ROAD
STY = STORY
SUB = SUBDIVISION
S/W = SIDEWAlK
18 = "1" BAR
181.1 = IDlPORARY BENCH MARK
TC = TlP Of CURB
TOB = TOP OF BANK
TOS = TOE Of SlOPE
lRANS .. lRANSfORLfER
T\\P = TO~SHIP
TYP = TYPICAL
UG = UNDERGROUND
UTIL = Ul1l1TY
'Ml = WOOD
'If = WOOD FENCE
WlF = I'tROOGHT IRON fENCE
WT = MlJ.IESS
WIlf = MIlE FENCE
WI = WATER VALVE
*** ABBREVlA nONS MAY ALSO BE CONCA TENA TED AS REQUIRED.
*** OTHER COMMONLY RECOGNIZED AND lOR ACCEPTED ABBREVlA nONS ARE ALSO UTILIZED BUT NOT SPECIFIED HEREON.
SHEET 6 OF 6
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRAYi1NG FILE: 050088C.DWG DATE DRAWN: 2-15-2005
LAST REVISION: N/A X REFERENCE: 050079
~... GEORGE A. SHIMP II
r. _ "' AND ASSOCIA.TE8, INCORPORATED
\.. '). lJ LAND SURVEYORS LAND PLANNERS
... 3301 JJeSOm .DOUU'YAJ?JJ, SUIJ'.K JJ
PAlJI IIARBOR, J'lO.HIIU 311/83
LB 1834 PIIOHJ' (727) 78-1-5491/ FO (727) 781/-1256
CERTIFlCA liON: I HEREBY CERllfY TO THE BEST or MY KNO'M..EDGE AND BElJEr THAT
THE LEGAL DESCRIPllON AND SKETCH SHOI\N HEREON SUBSTANllALlY MEETS THE
MINIYUM TECHNICAL STANDARDS fOR LAND SURVEYING DESCRIBED IN THE STATE OF
flORIDA RULE 61G17, f.A.C. FURTHERMORE, THIS CERllFlCAllON SHALL NOT EXTEND TO
ANY OTHER PERSONS OR PARllES OTHER THAN THOSE NAMED HEREON AND SHAlL NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SURVEYOR 'MTHOUT THE ORIGINAL
RAISED SEAL AND SIGNA lURE OF lHE flORIDA UCENSED SUR\f:YOR AND MAPPER.
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137
City Council
~''''''',. Ag.~,~da c,Q~,,~~,,~,~!!tQ,r~,!!~ur!t_,..,..
Cfi- \
'0.1
Tracking Number: 1,150
Actual Date: 02/17/2005
Subject / Recommendation:
ADOPT Ordinance No. 7400-05 on second reading, amending Ordinance No. 6779-01 as
amended by Ordinance No. 7350-04, vacating the 60 foot right of way of Third Street (AKA Third
Ave.), bounded on the East by the westerly right of way line of Coronado Dr. and bounded on
the West by the easterly right of way line of South Gulfview Blvd., subject to special conditions,
amending the special conditions.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/23/2005
02/06/2005
Financial Information:
Review Approval
Pam Akin
02-08-2005 14:43:44
Cvndie Goudeau
02-11-2005 07:38:44
ORDINANCE NO.7 400-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 6779-01, AS AMENDED BY
ORDINANCE 7350-04, VACATING THE 60 FOOT RIGHT-OF-
WAY OF THIRD STREET, (AKA THIRD AVENUE), BOUNDED
ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF
CORONADO DRIVE AND BOUNDED ON THE WEST BY THE
EASTERLY RIGHT-OF-WAY LINE OF SOUTH GULFVIEW
BOULEVARD: SUBJECT TO SPECIAL CONDITIONS;
AMENDING THE SPECIAL CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in Ordinance No. 6779-01, the City Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached hereto,
subject to special conditions which conditions have not been met; and
WHEREAS, in Ordinance 7350-04, the conditions described in Ordinance 6779-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, have requested
amendments to the conditions; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6779-01, vacating the 60 foot right of way of
Third Street (AKA Third Avenue), bounded by the East by the Westerly Right of Way line of
Coronado Drive and bounded on the West by the Easterly Right of Way line of South Gulfview
Boulevard; subject to special conditions, as amended by Ordinance 7350-04, is hereby
amended to read as follows:
Section 1. The following: 60 foot right-of-way of Third Street, (AKA Third
Avenue), bounded on the east by the westerly right-of-way line of
Coronado Drive and bounded on the west by the easterly right-of-way
line of Gulf View Boulevard, closed and released and the City of
Clearwater releases all of its right, title and interest thereto, contingent
upon the following conditions:
1. Developer shall commence construction of the Proiect as
described in the Second Amended and Restated Development
AQreement between the City of Clearwater and Beachwalk
Resort. LLC by March 6. 2006. Upon satisfaction of this
condition. Developer shall prepare and submit to the City a
certificate of satisfaction of this condition that shall be executed
by the City and returned to the Developer. who shall record the
certificate in the Public Records of Pinellas County. Florida. The
Ordinance No. 7400-05
recordina of such certificate shall conclusivelv confirm that this
condition has been timelv satisfied. The project described within
the Development Agreement between the City of ClearvJoter :md
Beachwalk Resort, LLC shall commence vertical construction
'Nithin one year of the effective date of this ordinance. For
purposes of this ordinance. commencement of construction
shall mean Developer obtainina a foundation permit from the
City of Clearwater and commencement of construction of the
foundation in accordance with said permit. The date for
commencement of construction one year time poriod may be
extended for unavoidable delay as provided in the Development
Agreement.
2. Easements shall be dedicated to provide adequate access to all
relocated utilities.
3. All public and private utilities shall be relocated by Clearwater
Seashell Resort, L.C. at its own expense and to the approval and
acceptance of the utility owners with all out of service utilities
removed prior to completion of said project.
4. A 10-foot public access easement shall be dedicated to provide
pedestrian access from Coronado Drive to the new alignment of
Gulf View Boulevard.
5. This vacation ordinance shall be rendered null and void if any of
the preceding conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7350-04
City Council
Age~,~..~% CO~.~I.".~..~..~,~.l:f!!..~..~,.~.,~,~~.".""
tR-2..
10 .2...
Tracking Number: 1,151
Actual Date: 02/17/2005
Subject / Recommendation:
ADOPT Ordinance No. 7401-05 on second reading, amending Ordinance No. 6780-01 as
amended by Ordinance No. 7351-04, vacating the east 35 feet of the 70 foot right of way of
Gulfview Blvd., bounded on the North by the westerly extension of a line parallel to and 20 feet
north of the northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner subdivision, and
bounded on the South by the westerly extension of the south lot line of Lot 59 of said
L1oyd-White-Skinner subdivision, subject to special conditions, amending the special conditions.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/23/2005
02/06/2005
Financial Information:
Review Approval
Pam Akin
02-08-2005 14:44:26
Cvndie Goudeau
02-11-2005 07:40:02
ORDINANCE NO.7 401-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 6780-01, AS
AMENDED BY ORDINANCE 7351-04, WHICH VACATED
THE EAST 35 FEET OF THE 70 FOOT RIGHT-OF-WAY OF
GULF VIEW BOULEVARD, BOUNDED ON THE NORTH BY
THE WESTERLY EXTENSION OF A LINE PARALLEL TO
AND 20 FEET NORTH OF THE NORTHERLY LOT LINE OF
LOTS 57 AND 104 OF LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE
12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA AND BOUNDED ON THE SOUTH BY THE
WESTERLY EXTENSION OF THE SOUTH LOT LINE OF
LOT 59, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION,
(AKA THE SOUTH LOT LINE OF THE BEACH PLACE
MOTEL CONDO, PLAT BOOK 65, PAGE 13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA),
SUBJECT TO SPECIAL CONDITIONS; AMENDING THE
SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in Ordinance No. 6780-01, the Council granted the vacation
requested by Seashell Resort, LLC of the right of way depicted in Exhibit A attached
hereto, subject to special conditions which have not been met; and
WHEREAS, in Ordinance 7351-04, the conditions described in Ordinance 6780-01
were amended; and
WHEREAS, the current owners, Crystal Beach Capital, LLC, have requested
amendments to the special conditions; and
WHEREAS, the City Council finds that it is in the best interest of the City and the
general public that the same be vacated subject to amended conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1. of Ordinance 6780-01, vacating the East 35 feet
of the 70 foot right-of-way of Gulf View Boulevard, bounded by the north by the westerly
extension of a line parallel to and 20 feet north of the northerly lot line of Lots 57 and 104
of L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public
Records of Pinellas County, Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book Book 65, Page 13, of the Public Records
Ordinance No. 7401-05
of Pinellas County, Florida), subject to special conditions, as amended by Ordinance
7351-04, is hereby amended to read as follows:
Section 1. The following: East 35 feet of the 70 foot right-of-way of
Gulf View Boulevard, bounded on the north by the westerly extension
of a line parallel to and 20 feet north of the northerly lot line of Lots 57
and 104 of L1oyd-White-Skinner Subdivision, as recorded in Plat Book
13, page 12 of the Public Records of Pinellas County, Florida and
bounded on the south by the westerly extension of the south lot line
of Lot 59, of said L1oyd-White-Skinner Subdivision (AKA the south lot
line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the
Public Records of Pinellas County, Florida), closed and released and
the City of Clearwater releases all of its right, title and interest thereto,
contingent upon the following conditions:
1. Developer shall commence construction of the Proiect as
described in the Second Amended and Restated
Development Aqreement between the City of Clearwater and
Beachwalk Resort. LLC by March 6. 2006. Upon satisfaction
of this condition, Developer shall prepare and submit to the
City a certificate of satisfaction of this condition that shall be
executed by the City and returned to the Developer. who shall
record the certificate in the Public Records of Pinellas County,
Florida. The recordinq of such certificate shall conclusively
confirm that this condition has been timely satisfied. +he
project doscribed '.Alithin tho Do\.'olopment !\greemont
betweon the City of Cleal'\vater and Beach'.\Ialk Resort, LLC
shall commenco vertical construction within one yoars of the
offectivo date of this OFdinance. For purposes of this
ordinance. commencement of construction shall mean
Developer obtaininq a foundation permit from the City of
Clearwater and commencement of construction of the
foundation in accordance with said permit. The date for
commencement of construction one year timo period may be
extended for unavoidable delay as provided in the
Development Agreement.
2. The public vehicular and pedestrian use of the subject right-
of-way shall be maintained until such time as a suitable paved
roadway is constructed to the west of the subject right-of-way
to accommodate two lanes of two way traffic capacity.
3. Easements shall be dedicated to provide adequate access to
all relocated utilities.
4. All public and private utilities shall be relocated by Beachwalk
Resort, LLC to the approval and acceptance of the utility
2
Ordinance No. 7401-05
owners with all out of service utilities removed prior to
completion of said project.
5. A 1 Q-foot public access easement shall be dedicated to
provide pedestrian access from Coronado Drive to the new
alignment of Gulf View Boulevard, and
6. This vacation ordinance shall be rendered null and void if any
of the preceding conditions are not met.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7401-05
~:I:N - 1
City Council
<*,."....."..,,<~,,~!1da C~.~.!~ Memorandum _ ....,.'''._.,....._.
Ii, I
Tracking Number: 1,100
Actual Date: 02/17/2005
Subject I Recommendation:
Declare five 2004 Harley-Davidson Police motorcycles surplus to the needs of the City and
authorize disposal through trade-in; and authorize purchase of five 2005 Harley-Davidson FLHPI
motorcycles from Fletcher's Harley-Davidson/Buell, Clearwater, Florida, at a net cost of zero, and
that the appropriate officials be authorized to execute same.
Summary:
Harley-Davidson provides favorable governmental pricing that allows trade-in at zero net cost.
Police lighting equipment, radios, radar, vinyl and other miscellaneous equipment will be
removed and re-installed by Fleet Maintenance.
Surplus motorcycles:
Serial Number Mileage Reason for disposal
1HD1FHW124Y723520 5205 Trade-in at zero cost for new motorcycle
1HD1FHW114Y723394 5291 Trade-in at zero cost for new motorcycle
1HD1FHW174Y723481 4301 Trade-in at zero cost for new motorcycle
1HD1FHW114Y724190 7580 Trade-in at zero cost for new motorcycle
1HD1FHW124Y723372 5153 Trade-in at zero cost for new motorcycle
Oriqinating: Finance
Section Consent Agenda
Category: Basic Purchasing item
Financial Information:
~ Purchase
Bid Required? No
Bid Exceptions:
Impractical to Bid
Other Contract?
Florida State Contract
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$0.00
..
o
Jl;.
-
II
City Council
_.'.m"..,~~~da C~Y!:!~, M,e~o!:,a I:!,~,~!!!"",_~,,~__~,~.~
Annual Operating Cost:
$0.00
Appropriation Code(s)
Not applicable
Amount
$0.00
Comments
Trade-in allows zero cost for purchase.
Review Approval
Georoe McKibben
Bill Horne
01-13-2005 09:36:59
02-03-2005 11: 18:23
01-13-2005 10:45:07
02-03-2005 09:53:47
01-13-2005 11: 16: 11
02-03-2005 10:52: 19
Cvndie Goudeau
Maroie Simmons
Garrv Brumback
Tina Wilson
City Council
_, A9!,!!da ~~~er Memorandum
CC:JS - 1
( I . Z,
Tracking Number: 1,102
Actual Date: 02/17/2005
Subject / Recommendation:
Accept a Natural Gas Utility Easement, five feet wide, along the eastern property line of 20116
Gulf Boulevard, from Curtis and Kathleen Westphal, d/b/a D&W Sun "N" Fun Motel Apartments, in
consideration for $12,500.
Summary:
The City of Clearwater Gas System currently maintains a 4" natural gas main along the west side
of Gulf Boulevard which runs across the property located at 20116 Gulf Boulevard in Indian
Shores, d/b/a D & W Sun "N" Fun Motel Apartments.
Clearwater Gas System (CGS) installed this gas main in 1998 to serve the beach communities
from Indian Rocks Beach to Madeira Beach.
At 20116 Gulf Boulevard, CGS inadvertently placed the gas main just outside of the public
right-of-way.
In lieu of relocating the gas main into the public right-of-way, removing the existing gas main and
restoring the property, CGS would like to obtain a natural gas utility easement from the owners of
20116 Gulf Boulevard in Indian Shores, d/b/a D & W Sun "N" Fun Motel Apartments for the sum
of Twelve Thousand Five Hundred Dollars ($12,500.00).
Originating: Gas System
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearina: No
Financial Information:
TYDe: Operating Expenditure
Bid Required? No
Bid ExceDtions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budaet Adjustment Comments:
First Quarter Adjustment
City Council
~gend~L~ove-:,,,,~.~,,!!!.~,!:~,,~du!!!...~,,,_,.,,,,,,,,,w.
Current Year Cost:
$12,500.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Appropriation Code(s)
0423-02078-548000-532-000
Amount
$12,500.00
Comments
Review Approval
Chuck Warrinaton
Laura Lipowski
01-18-2005 16:05:20
01-25-2005 09:21:07
02-08-2005 10: 10:49
01-24-2005 12:54:27
02-08-2005 10:14:57
01-21-2005 12:44:31
02-07-2005 12:35:07
Laura Lioowski
Bill Horne
Tina Wilson
Cvndie Goudeau
Ga rry Bru m back
EASEMENT
FOR AND IN CONSIDERATION of the sum of Twelve Thousand Five Hundred Dollars
($12,500.00) paid to Cm1is \Vestphal II and Kathleen Anne Westphal, the receipt of which is
hereby acknowledged, and the benefits derived therefrom GRANTOR(S),
Curtis \Vestphal II and Kathleen Anne \Vestphal, his wife
d/b/a D & W Sun "N" Fun Motel Apartments
20116 Gulf Boulevard
Indian Shores, Florida
Do hereby grant and convey to the City of Clearwater, Florida, GRANTEE, an easement over,
under and across the following described land, lying and being situate in the County of Pinellas,
State of Florida, to wit;
Section 13, Township 30 South, Range 14 East, Lot 1, map or plat entitled "Jackson's F. D. Sub" as
recorded in Plat Book 004, page 037 of the Public Records ofPinella-> County,
A five foot (5') Natural Gas Utility Easement and Ingress and Egress Easement for the City of
Cleanvater service and utility personnel and equipment, as described below:
TlIA T PROTION OF LOT 1, F. D. JACKSON'S SUBDIVISION ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGES 37 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A 4''X4'' CONCRETE MONUMENT LOCATED ON THE NORTH LINE OF
SAID LOT 1, BEING 52.5 FEET EAST OF AN EXISTING WELL, SAID POINT OF
BEGINNING ALSO BEING THE POINT OF BEGfNNING OF THOSE LANDS DEEDED TO
PINELLAS COUNTY BY DEED RECORDED IN DEED BOOK 751, PAGE 539 OF SAID
PUBLIC RECORDS; THENCE S. 110 II' E. ALONG THE Vv'EST LINE OF SAID LANDS 71.35
FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE WEST ALONG SAID SOUTH LINE
A DISTANCE OF 5.00 FEET; THENCE N. 110 11' W. A DISTANCE OF 71.35 FEET TO THE
NORTH LINE OF SAID LOT 1; THENCE EAST 5.00 FEET TO THE ABOVEMENTIONED
POINT OF BEGTl\TN1NG.
TO HAVE AND TO HOLD, the same unto said Grantee, its successors and assigns forever.
This easement being for the purpose of placement, operating and maintaining, public utility
facilities and appurtenances.
The GRANTEE shall have the right to enter the above-described premises and install,
inspect and operate the utility facilities and maintain or alter same from time to time.
GRANTOR hereby warrants and covenants (a) that GR.At'JTOR is the ovmer of the fee
simple title to the premises in which the above-described Easement Area is located, (b) that
GRANTEE shall have quite and peaceful possession, use and enjoyment of this easement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed by its prop~fficers thereunto authorized and its seal to be thereunto affixed, this
~_.day of 7e~ ,2004.
rv0~~
Witne
--~~
BY: Curtis Westphal II
Gr'dntor (Property Owner)
"'I . ./~j I .-, /~,
/1'. ""tf ~i!~
Witness . i'
_~i~'ll f[/11/l1d ft(k.Vv/;L-
fhr: Kathleen Anne Westphal J'
Co-Granter (Property-Owner)
STATE OF COLORADO
COUNTY OF JEFFERSON
TIle foregoing instnlment was acknowledged befgre me this 7t1- day of ];:e{'~
2004, by Curk~ w~rIrJ..(..:pz. and IG.Vtjtl'tJt\. 4- ~( , Owner(s) of
the above described property. HeJShelThey are personally known to' me or has produced
.4n )>(; j le.~__ as identification and did not take an oath.
~ ~~------_._---- ---------
Notary Public
~-
My Commission Expires:
Mr CemlrIiIsiln!illhl e.zsa.
CAMPBELL CONSULTANTs. INC.
LAND SURVEYORS
5022 73RO Avenue North Pinellos Park, Florida 33781
Phone : (727) 548-0584 Fox: (727) 548-0545
-'
SECTION 1..3, TOWNSHIP..30 SOUTH, RANGE /4 EAST
ADDITIONS OR DELETIONS BY OTHER THAN THE PROFESSIONAL LAND SURVEYOR IN RESPONSIBLE CHARGE IS
PROHIBITED. THIS LAND DESeRtP liON IS INVALID WITHOuT SIGNATURE AND EMBOSSED SEAL Of' THE LAND SURVEYOR
LEGAL DESCRIPTION
THAT PORTION OF LOT 1, F. D. JACKSON'S SUBDIVISION ACCORDING TO THE
PLA'T' 'I'HEREOF AS RECORDED IN PLAT BOOK 4, PAGES 37 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A 4"X4" CONCRETE MONUMENT LOCATED ON THE NORTH LINE
OF SAID LOT I. BEING 52.5 FEET EAST OF AN EXISTING WELL, SAID POINT OF
BEGINNING ALSO BEING THE POINT OF BEGINNING OF THOSE LANDS DEEDED TO
PINELLAS COUNTY BY DEED RECORDED IN DEED BOOK 751. PAGE 539 OF SAID .
PUBLIC RECORDS; THENCE S. 110 11' E. ALONG THE WEST LINE OF SAID
LANDS 71.35 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE WEST ALONG
SAID SOUTH LINE A DISTANCE OF 5.00 FEET; THENCE N. 110 II' W. A
DfSTANCE OF 71.35 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE EAST
5.00 FEET TO THE ABOVEMEN'fIONED POINT OF BEGINNING.
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~ AFADAVlT OF NO UENS II
STATE OF FLORIDA
COUNTY OF PlNELLAS
: 5S
BEFORE ME, the undersigned authority, personally appeared Curtis Westphal II
and Kathleen Anne Westphal, husband and wife, whom, being first duly sworn, do
depose and say:
1. That they are the owners of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
Lot 1, JACKSON'S F.D. SUB, as recorded in Plat Book 004, Page 037,
Public Records of Pinellas County, Florida.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, except: NONE
4. That there are no liens or encumbrances of any nature affecting the title of the
property hereinabove described, except:
That certain MortgaQe dated Month day, year in favor of Madison Bank of
Palm Harbor" lL Flon~rporation, as recorded in O. R. Book 11609 Page 375, Public
Records of PinellaiCountv, Florid~ having been subsequently assigned and now
owned and held by NT A ,an Jill A corporation, and;
That certain Open-End Mortgage dated Month Day, Year given in favor of
, a corporation organized and existing under the laws
of , as recorded in O. R. , Pages through of
the Public Records of County,
5. That it is hereby warranted that no notice has been received for any pUblic hearing
regarding assessments for improvements by any government, and it is hereby warranted
that there are no unpaid assessments against the above described property for
improvements thereto by any government, whether or not said assessments '.appear of
record.
6. That there are no outstanding sewer service charges or assessments payable to
any government.
Page 2 - Affidavit of No Liens
Curtis and Kathleen A. Westphal
RE: Lot 1, JACKSON'S F.D. SUB.
-:.S
'MTNESS Printed Name
~
ld(jlel~'1L a Jt>l'-C t~4:~tL~
Kathleen Anne Westphal J cJ/r '
~r:E
Sworn to and subsc' d to before me this /.7 day of
2003.
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Retum to:
Thomas K. Sewell
Clemwater Gas System
400 N. MyrUe Ave.
Clearwater, FI. 33755
RE: Parcel No. 13-30-14-43614-000-0010
I
CONSENT TO EASEMENT
Loan No.
I
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
Lot 1, JACKSON'S F.D. SUB, as recorded in Plat Book 004, Page 037, Public
Records of Pinellas County, Florida;
said lien being evidenced by that certain mortgage filed of record on March 2Rr 1996 given by Curtis
Westphal II and Kathleen Anne Westphal, husband and wife ("Mortgagor") in favor of ERNEST L. DE LANO,
WIDOWER AND SURVMNG SPOUSE OF LEONA DE LANO, DECEASED, 1'flE OWNER AND HOLDER
OF THAT CERTAIN MORTGAGE IN FAVOR OF ERNEST L DE LANO AND LEONA DE LANO,
HUSBAND AND WIFE ("Mortgagee"), as recorded in Official Records Book ?292. Page 1327 of Public
Records of Pinellas County, [piela, d~ hereby C:>~~nt to and joins in the grant of that certain Natural Gas
Utility Easement dated th~ of.JD.k , 2UUCf9iven by Mortgagor to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation. for the purpose of constructing, installing and maintaining Natural
Gas utility facilities.
....-.-IN WITNESS WHE~~~F, the undersigned has caused these presents to be signed this ~ay
Of~.200lf
Signed, sealed....and delivered in the presence of: -Mortgagee-.. .. '. '.. C
pp/!& P"'~{L~-L<?' By:<!~_~~,o0"-~
Witness SigFlflturp f) ..;.;: . Signature~ .
Print name fM ~14 rJlq S i2 "tit- i, C /, /tJ Print name ERNES,.." Q~ LANO
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Return to:
Thomas K. Sewell
Clearwater Gas System
400 N. Myrtle Ave.
Clearwater, Fl. 33755
RE: Parcel No. 13-30.14-43614-000-0010
CONSENT TO EASEMENT
Loan No.
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
Lot 1, JACKSON'S F.D. SUB, as recorded in Plat Book 004, Page 037, Public
Records of Pinellas County, Florida;
said lien being evidenced by that certain mortgage filed of record on September 28, 2001_given by Curtis
Westphal II and Kathleen Anne Westphal, husband and wife ("Mortgagor") in favor of MADISON BANK, a
Florida corporation (UMortgagee"), as recorded in Official Records Book 11600, Page 375 of Public
Records of Pinellas County. Florida, does hereby consent to and joins in the grant of that certain Natural Gas
Utility Easement dated the _ day of . 2003 given by Mortgagor to the CITY OF CLEARWATER.
FLORIDA, a Florida Municipal Corporation, for the purpose of constructing, installing and maintaining Natural
Gas utility facilities.
IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this 22nd day of
January 2003.
Signed, sealed and delivered in the
presenc.e of: (!. fj )/' )
\.,_ trl~{ ~ Ita.lr
Witness Signature,
Print name -.hJ,11
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Madison Bank
a Florida corporation
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City Council
Trackina Number: 1,097
Actual Date: 02/17/2005
Subiect / Recommendation:
Award a contract to Synergen, Inc., of Walnut Creek, CA in the amount of $338,765.00 for
professional services to implement Phase II of an electronic Asset Management System and
authorize the appropriate officials to execute same.
Summarv:
Synergen, Inc. is the selected vendor of choice as the result of the City's Request for Proposal
(RFP), No. 05-03, dated October 11, 2002 for a citywide electronic asset management system.
The City of Clearwater went live with Phase I of this system on March 8, 2004 for the Public
Utilities Department and the Stormwater division of the Public Services Department.
The application implementation has been a success and the software continues to deliver the
results that the City was looking for.
The purpose of this item is to continue this success and to further deploy the Synergen Series
application to the Fleet Management and Buildings and Maintenance divisions of General Services
(Phase II).
Costs for this project are identified specifically below:
Phase II - Fleet Management and Buildings and Maintenance - $338,765.00 which includes
professional services, travel, expenses and $16,957.00 in contingency resources. This amount is
more specifically itemized below:
Implementation Costs: $294,960.00
Estimated Travel and Expenses: $ 26,848.00
Contingency Resources: $ 16,957.00
Total Implementation Costs: $338,765.00
There will be no additional annual operating costs for this implementation as the licenses were
already purchased for the City in Phase I of this implementation.
General Services will make budget adjustments during the first quarter of 2005 to accomodate
any budget deficits as follows:
Funding in the amount of $209,290.00 is available in project 315-94230, Fleet Asset Management
System and $99,475.00 in project 315-94522, Building and Maintenance Asset Management
System to fund this contract. The balance of $30,000.00 will be appropriated as a first quarter
budget amendment from retained earnings in the Garage Fund in the amount of $20,000.00 and
the General Services Fund in the amount of $10,000.00 in order to fund the balance of the
contract.
Terms of the contract provide for the deployment and testing of this system from March 1, 2005
to July 8, 2005 with a Go Live date of July 11, 2005 for Phase II.
Payments will be made upon work completion upon receipt of invoices.
Originatina: Information Technology
Section: Consent Agenda
City Council
Ag~f1da ~!?~~er .Me~_!?,!:,~...!:I~d urn
Cateaorv: Agreements/Contracts - with cost
Financial Information:
Type: Purchase
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
Synergen Phase 1 contract
In Current Year Budaet?
Yes
Budget Adiustment:
Yes
Budget Adjustment Comments:
See Summary section for details.
Current Year Cost:
$338,765.00
Annual Ooeratina Cost:
$0.00
For Fiscal Year:
09/30/2004 to 10/01/2005
Total Cost:
$338,765.00
Not to Exceed:
$338,765.00
Review Aporoval
Tina Wilson
01-25-2005
Garrv Brumback
02-07-2005
Leslie Douaall-Sides
01-25-2005
Bill Horne
02-08-2005
08:07:48
12:33:32
15:32: 14
10:11:30
ater
City Council
_,~end~~~f:ove-:@!'1emor~,~,~,!fI",*_"".@,~
Cyndie Goudeau
02-08-2005 10: 16:03
Asset Management System
Phase 2 Implementation
for
City of Clearwater
January 20, 2005
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Submitted to:
John Feit
Administrative Support Mgr.
City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL 33756
Dan Mayer
Director, IT
City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL 33756
Synergen Contact:
Dan Brault
Synergen, Inc.
2121 North California Blvd., Suite 800
Walnut Creek, CA. 94596-7306
(925) 935.7670 tel. (925) 935.9748 fax
ORACLE'
___lllElNlEMET-
This document contains confidential and proprietary information. Do not disclose to other parties without written
permission from Synergen, Inc. Synergen believes that the information in this publication is accurate as of its publication
date. Synergen is not responsible for any inadvertent errors. Synergen is a trademark of Synergen. Inc. Synergen and the
Synergen logo are registered trademarks of Synergen, Inc. All rights reserved.
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TABLE OF CONTENTS
1. SYNERGEN IMPLEMENT A TI 0 N APPROACH .................................................................................... 3
IMPLEMENTATION SERVICES AND DELIVERABLES ...........................................................................................3
2. PROPOSED SOLUTIONS FOR FLEET AND BUILDINGS & MAINTENANCE ISSUES................8
WORK ORDERS ................................................................................................................................................. 8
DEPRECIATION .................... ............. ............. .... ........... ............................. .............. ........... ............................ 10
BILLING. ......... .................... .................................. .......... ............. .................................. ................................ 11
CONTRACT TRACKING ............. ............................................... ...... ............................. ................. ................... 14
BUDGET ...... ......... ........... ....... ............. .................................... ...... ............... ..... ........... ................. ................. 14
PRICING SUMMARY FOR FLEET/B&M ENHANCEMENTS ................................................................................... 16
3 . P RICIN G .................................................................... ................................................... ..............................1 7
TABLE 1: ApPROACH ONE- COMBINED FLEET AND B&M IMPLEMENTATION ..............................................17
TABLE 2: ApPROACH Two - DISCRETE FLEET AND B&M IMPLEMENTATION ...............................................18
TABLE 3: REIMBURSABLE COSTS...................................................................................................................19
NOTES.... ....... ...,..... ........... ............. ................... .... ........................... .... ..... ....... ................ .... ......... .......... .... ... 19
TERMS OF OFFER ...........................................................................................................................................19
4 . PROJECT SCHEDULE ............................................................................................................................. 20
5. SI GN A TURE PAGE ............................... .................................................................................................... 21
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1. SYNERGEN IMPLEMENTATION APPROACH
The Synergen Implementation Approach for Phase 2 of the Asset Management Project will
consist of the following components:
. Implementation Planning and Coordination
. Software Configuration Support
. Interface Design and Development Services
. Data Conversion & Migration Support
. Training Support
. System Rollout Support
The proposed implementation strategy for the City of Clearwater (the City) Phase 2 project
assumes use ofthe current Synergen implementation and configuration at the City Public
Utilities and Customer Service Departments. This strategy is for a single-phase system rollout of
work management, inventory and fleet management to the City's General Services Departments
of Fleet Maintenance (Fleet) and Buildings & Maintenance (B&M). Per the City's request,
Synergen is providing costs for two different approaches. For Approach One, Synergen assumes
that both Fleet and B&M implementation requirements will be addressed as part of the same
project. For Approach Two, Synergen would address each department's implementation
independently. The costs for two approaches are broken out separately in the Pricing section. If
the City and Synergen decide that two discrete projects are required due to various constraints,
Synergen will be pleased to create separate project plans for each department. The services
described in this document assume that Approach One will be used. Synergen will partner with
the City to provide implementation services that will ensure project success. The proposed
Synergen support is detailed below.
IMPLEMENTATION SERVICES AND DELIVERABLES
Implementation Planning and Coordination
Synergen will provide Project Management services including project planning, Synergen
resource coordination and task allocation, project status reporting, coordination of deliverables,
and development of the Project Implementation Plan. These services will include the facilitation
of a Proj ect Kickoff Meeting at an appropriate City facility. The purpose of the Kickoff Meeting
is to:
. Introduce the key participants in the project partnership
. Establish and clarify the role of the City's "Core Team"
. Validate the schedule and determine the potential for schedule or resource constraints
. Review and clarify project roles and responsibilities
. Establish commonly agreed-upon expectations for project goals and deliverables
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. Collect input for the detailed plan for implementation plan and schedule
. Provide an overview of the Project Implementation Approach
. Establish the project status reporting guidelines
The project Core Teams should consist ofthe City's Project Manager, System Administrator(s),
and several business area representatives from the participating departments (i.e., one Core Team
for Fleet, one Core Team for B&M). Representation from functional areas within the
departments such as accounting, stores, maintenance planning, work order processing, fleet
maintenance and inventory management should be included on the Core Teams. The Core
Teams need to be empowered by the City's management to convey the desired end-state of the
implemented system, and to make the decisions (within reason) to support the configuration of
the application.
In conjunction with the Project Kickoff, Synergen will conduct two Core Team Orientation
sessions - one for Fleet and one for B&M. Objectives of these hands-on sessions include
familiarizing the Core Teams with how to navigate within Synergen, system integration
capabilities, functional knowledge of specific Synergen modules, and an overall understanding
of the current software configuration at the City and the planned configuration process. These
sessions will be tailored to the unique requirements ofB&M and Fleet.
Following the Project Kickoff/Core Team Orientation sessions, Synergen will develop a detailed
implementation plan for all components of the Asset Management System Phase 2
implementation. This plan will include work activity descriptions, deliverable definitions,
project cost estimates and a detailed schedule. This plan will evolve during the Project lifecycle
in order to portray the implementation accurately. An initial project timeline, which includes
Synergen's scope of work assumptions, is included in Section 3.
DELIVERABLE:
Synergen Project Implementation Plan and Schedule
Core Team Orientation (2 Sessions)
DELIVERABLE:
Software Configuration Support
Synergen will perform the contracted functions necessary to assist the City's project teams in the
transition from its existing information systems and business processes to Synergen. This
includes facilitating the City's Core Teams in a series of workshops to aid in the understanding
of configuration options available within the Synergen application, and the association between
the City's defined business workflows and the enabling Synergen product. It is assumed that all
affected City business function entities will be represented on the two Core Teams and that a
single configuration will apply City-wide. Synergen will also provide hands-on instruction to the
City Core Teams in the use of the application during structured multi-day workshops, and
provide assistance through practical examples to help the Core Teams make informed
configuration decisions.
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Following the Project Kickoff/Core Team Orientations, the City and Synergen will review the
existing business workflow processes for both departments and the current configured
application 1 during three Workflow Process/Configuration Validation workshops. The purpose
ofthe workshops is to ensure that the configuration will meet the stated business needs of both
departments. Through this process, the Core Teams become familiar with the application's
functionality, configurability and the association of Synergen modules with City business
processes. Software configuration changes will be made during these workshops if required in
order to match the business requirements with the Synergen application. Synergen will provide a
master list of configurable items to be used to guide, manage, and track status of the process. If
business workflow processes require changes to be implemented as a result of this configuration
process, the City will be responsible to incorporate the necessary changes.
Follow-on to this will consist of three sets of activities that will address the Fleet and Buildings
& Maintenance system functionality issues/gaps. The first activity is to gather and document the
Functional Requirements for the system modifications. Functional Requirements define the
business requirement( s), business case and business process description for the identified gaps.
The second activity is to make the interim project code modifications to the software, which will
facilitate the business process until such time that the baseline modifications are released for
general availability in an ensuing release of Synergen. Please refer to Section 2 of this document
titled 'Proposed Solutions for Fleet and Buildings & Maintenance Issues'. The third activity is
defined as a system test, which will ensure that all modifications have been completed and meet
the original design. This system test activity will be performed by the City of Clearwater.
DELNERABLE:
DELIVERABLE:
DELNERABLE:
Synergen Configurable Items Summary
Synergen Configuration Guide
Functional Requirements for the Identified Fleet and Buildings &
Maintenance Issues/Gaps
Interface Design & Development Services
During Phase 1, the City developed several interfaces to Synergen including PeopleSoft HR,
Cayenta VMS, ESRI GIS, CiTect and Dataflow SCADA. No new interfaces are anticipated or
proposed for the Phase 2 project. For Phase 2, Synergen will assist the City to review the
existing interfaces and determine whether any changes to the interfaces are required as a result of
the decisions made during system configuration. The City will be responsible for making any
necessary modifications to the interfaces.
Data Conversion and Migration Support
As in the Phase 1 implementation, Synergen will provide assistance as requested for data
migration. The City will have the primary responsibility for identifying and/or collecting data to
I The Synergen application was initially configured for Public Utilities and Customer Service during
Phase 1.
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be migrated. Synergen will assist the City in development of a data migration plan and to map
this data to the appropriate Oracle tables in Synergen. The City will develop data loading scripts
to migrate the data from the collection database to the Synergen Oracle database. The City will
test the set of data loading scripts developed (migration, conversion and validation) to ensure
they perform in accordance with the mapping. The City project team will be responsible for
reviewing the data migration plan, reviewing the detailed data mapping and, later in the project,
reviewing the migrated data during testing to ensure that the scripts functioned as expected. The
City will also be responsible for entering (loading) any needed manual data into the Synergen
application. Synergen will participate in a Data Validation/Workflow test to be conducted once
the scripts have been completed and unit tested. Once the project team is satisfied that the scripts
functioned as expected, the scripts are set aside until needed for final migration before Rollout.
The City will be responsible for running the scripts just prior to the System Rollout.
Training Support
Effective functional and technical training is extremely critical to the success of any software
implementation project. The Synergen implementation methodology takes this into account by
addressing a combination of Technical and End User training approaches to support this key
activity. Synergen assumes that the technical staffwas sufficiently trained during Phase 1 and
that no further technical training is required for Phase 2.
The first step in the Synergen training process is to develop an Education Plan. Synergen will
provide assistance to the City.'s Core Teams who will be responsible for working with the target
user communities to determine course requirements, course content, course durations, required
attendees for each course, training sequence and training schedule. The City will be responsible
for documenting all ofthis information in the project Education Plan. Once approved, Synergen
will schedule training according to this plan.
The next and final step in the Synergen training program is End User functional training.
Synergen will provide Train the Trainer (T3) training for a selected team of no more than four
City trainers at a City training facility. This cost-effective training approach is designed to train
City trainers in the Synergen application and then how to teach Synergen end users. These
services will consist of detailed application training to the appropriate T3 instructors covering the
Synergen Maintenance, Inventory, Resource, Fleet and Administration modules using the City-
provided work processes as a training basis.
DELIVERABLE:
DELIVERABLE:
Training Schedule
Train-the-Trainer (T3) Functional Training (3 weeks)
System Rollout Support
When Synergen is configured for Phase 2, data is loaded, workflows and interfaces are tested
and training is completed, the project will be ready for cutover to production for end users.
Synergen will support the system rollout by verifying the production environment and final
system configuration. Synergen will provide resources to support these pre-"Go Live" activities
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as well as providing field coaching during the critical days afterwards when end users first start
using the new business application and processes. Based on Synergen's collective
implementation experience as well as the specific experience of the City's Phase 1 rollout,
Synergen will provide a "Go-Live Checklist" to aid the City in making the necessary preparation
for the rollout event.
DELIVERABLE: Go-Live Checklist
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2. PROPOSED SOLUTIONS FOR FLEET AND BUILDINGS &
MAINTENANCE ISSUES
WORK ORDERS
1. Can 'reason' (damage, normal, wear, cap/stat) for a work order be changed after
opening a work order?
Proposed resolution: Yes, the Class and Category fields are updateable until the Work Order
is moved to 'History' status.
Project Related Actions: Education/training on use of appropriate fields within Synergen
describing Work Order type.
Additional Project Related Costs: None
2. Can downtime be calculated automatically per the work order and differently for
different types of equipment?
Proposed resolution: This will require a system modification, in particular downtime
triggering on 'Vehicle In' and 'Vehicle Out' date/time. The expected end result of this trigger
logic will be that the Asset Closeout Summary screen for a Work Order Task or Fleet Work
Order will automatically populate downtime based on 'Vehicle In', 'Vehicle Out' and Asset
Operational Hours. Fleet Asset Operational Hours are defined on the Fleet Asset. The setup
of Fleet Operational Hours will be described as part of the Configuration Workshop. The
inclusion of this solution into our baseline product is targeted for Version 6.6 ofSynergen.
Project Related Actions: The project will need to provide an interim Synergen Application
Program Interface (SAPI) trigger to calculate downtime based on minimal data being
entered, such as 'Vehicle In', 'Vehicle Out' and Fleet Asset Operational Hours. SAPI
triggers are 'form-level' logic that will execute when the form's record is saved (i.e.,
committed to the table).
Additional Project Related Costs: 4 hours design, 16 hours development & unit test = 20
hours:
4 hours x $204/hour = $816
16 hours x $244/hour = $3,904
$816 + $3,904 = $4,720
3. Can downtime be seen or changed before closing work order?
Proposed resolution: Downtirne can be seen and changed today for a 'Closed' Work Order.
The proposed enhancement is that if the 'Vehicle Out' date/time is changed, the downtime
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automatically recalculates. The inclusion of this solution into our baseline product is targeted
for Version 6.6 of Synergen.
Project Related Actions: The project will need to provide an interim SAPI trigger to adjust
downtime duration (similar logic to #2 above), which is displayed on the Asset Closeout
Summary.
Additional Project Related Costs:2 hours design, 8 hours development & unit test = 10
hours:
2 hours x $204/hour = $408
8 hours x $244/hour = $1,952
$408 + $1,952 = $2,360
Note: Per the January 12, 2005 telephone conversation with John Feit, this request is being
removed from the required list of enhancements. As a result of this, the cost associated
with this request has been decreased to $0 in the Enhancernent Pricing Summary listed
below on page 16.
4. Can downtime be stopped when equipment goes back into service or when Work Order
is opened only to order parts, while unit is still in-service?
Proposed resolution: This request is satisfied by the proposed solution for the two previous
issues. Note that a user can enter multiple sets of 'Vehicle In' and 'Vehicle Out' date/times.
Project Related Actions: Upon completion ofthe two SAPI triggers for issues #2 and #3
above, education/training will be required to determine where to view the newly updated
downtime data on the respective panels.
Additional Project Related Costs: None.
5. When does the system update a PM - when a PM Work Order is opened or when it is
closed?
Proposed resolution: The system updates (cycles) the PM Master schedule through a batch
job when the Work Order status has been updated to 'Finished'. This allows for
residual/miscellaneous charges to be applied to the PM WO prior to this timeframe.
Project Related Actions: Education/training of what system actions occur when WO statuses
are progressed.
Additional Project Related Costs:None.
6. Can the time card system for labor entry be disabled, so that daily labor can be entered
manually at the end of the day?
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Proposed resolution: Timecards do not need to be created at a specific time nor as part of the
WO closeout process. Timecards can be entered manually at the end of the day.
Project Related Actions: Education/training of the time entry capabilities.
Additional Project Related Costs: None.
DEPRECIATION
1. Is there the ability to set the depreciation start date to something other than the
purchase date?
Proposed resolution: This will require a system modification to copy the Asset Depreciation
view over to the Fleet Asset module. Once this is complete, the Depreciation Start Date will
be based on either the In-Service Date or the Acquisition Date. This modification is slated
for Version 6.5, which will be in time to support the Fleet rollout.
Project Related Actions: Configuration ofthe Fleet Depreciation Start Date. In addition,
education/training of the new depreciation functionality will be required.
Additional Project Related Costs:None.
2. Is there the ability to add additional charges (Cap-Stat) and the system will adjust
depreciation over equipment life?
Proposed resolution: This will require a system modification to add a new field to the Fleet
Asset (the title ofthis new field is not known) that will allow a user to increase the capital
value ofthe asset (i.e., vehicle). In addition, this enhancement will incorporate a monthly
view as well as the current yearly view in the upcoming Fleet Asset Depreciation view. This
modification is slated for Version 6.5, which will be in time to support the Fleet rollout.
Project Related Actions: Education/training of the new depreciation functionality.
Additional Project Related Costs: None.
3. Is there the ability to produce a monthly depreciation report listing Asset value, Cap-
Stat value, monthly depreciation, life-to-date depreciation, etc. for each piece of
equipment?
Proposed resolution: This will require a system modification to include a new Depreciation
Report (presumably Monthly with Year-to-Date totals). Assuming the report is generic and
compatible to the Synergen product, its inclusion into the baseline product will be targeted
for Synergen's Version 6.6.
Project Related Actions: The Project will be responsible for designing and developing this
new report.
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Additional Project Related Costs: 8 hours design, 32 hours development & unit test = 40
hours:
8 hours x $204/hour = $1,632
32 hours x $244/hour = $7,808
$1,632 + $7,808 = $9,440
BILLING
1. Is there the ability to run a billing report by equipment and an additional summary
report with one line total for each Cost Center (Account)?
Proposed resolution: There are two separate report requests in this question. Both will
require a separate report to be designed and developed, obtaining their data primarily (if not
all) from the Synergen Accounting log. Assuming the reports are generic and compatible to
the Synergen product, their inclusion into the baseline product will be targeted for
Synergen's version 6.6.
Project Related Actions: The Project will be responsible for designing and developing both
of these new reports.
Additional Project Related Costs: Report by Asset - 8 hours design, 72 hours development &
unit test = 80 hours:
8 hours x $204/hour = $1,632
72 hours x $244/hour = $17,568
$1,632 + $17,568 = $19,200
Report by Cost Center (i.e., department) - 8 hours design, 72 hours development & unit test =
80 hours:
8 hours x $204/hour = $1,632
72 hours x $244/hour = $17,568
$1,632 + $17,568 = $19,200
2. Is there the ability to capture both fixed (insurance and debt payment) and variable
(fuel, parts, labor, commercial) costs?
Proposed Resolution: Synergen currently provides the ability to capture variable costs via
both the Work Order and the Direct Charge panels. Weare proposing that the user enters the
fixed costs via Specification (Spec) Sheets (existing functionality). Start and End dates will
also be created as Spec data for those fixed costs that require them, such as debt. A batch
database procedure will be created to write monthly fixed cost transactions out to the
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Accounting log. The inclusion of this solution into our baseline product is targeted for
Version 6.6 ofSynergen.
Project Related Actions: Configuration will be required to properly setup the Spec Sheets to
capture these new fixed costs. In addition, the Project will be responsible for designing and
developing the new database procedure to write out monthly fixed cost accounting
transactions.
Additional Project Related Costs: 8 hours design, 52 hours development & unit test = 60
hours:
8 hours x $204/hour = $1,632
52 hours x $244/hour = $12,688
$1,632 + $12,688 = $14,320
3. Is there the ability to set different billing types, rates fOf diffefent equipment (ie. MOil,
MO/2, G1234)?
Proposed Resolution: Per the conference call discussion on October 14,2004, Synergen now
understands the two different types of internal charge back billing that the Fleet Department
does with the other City departments. The first is termed as the Maintenance and Operations
(MO) method which identifies all ofthe actual material, labor, direct and fixed charges on
the previously mentioned monthly billing reports (# 1 under Billing above). The second is
identified as a 'leased' method where the City would calculate a flat rate per mile for the
given Fleet Asset and this would be used to charge back to the department utilizing the asset.
The latter method is not currently being used by the City but there may be a need to support
this method in the future. This 'leased' method would not need to be incorporated into the
report logic for Fleet go-live; however, design thought would need to occur to ensure rapid
deployment if needed in the future. Early discussions indicate that a 'Flat Charge Back Rate'
UDF can be applied to the Fleet Asset record to facilitate the data capture ofthis cost and the
billing reports would check to see ifthis field was entered to determine the type of billing.
Project Related Actions: To facilitate the population ofthe correct Insurance rate/amount on
the Fleet Assets, the City would like to enter a Maintenance and Operations (MO) code
(MO/l, MO/2, .. MO/5) against the asset. These codes would be a way of associating a
previously identified insurance value to a given asset. The entry of these MO codes would
be via a UDF field on the Fleet Asset panel. The actual insurance amounts for these MO
codes would be entered in the Synergen Code tables. These insurance amounts (on the code
tables) would then be used to populate the existing Insurance field on the Fleet Asset panel.
To accomplish this, either a form or database level trigger will be executed from both the
Fleet Asset panel (when a new MO code is populated or changed) and the Synergen Code
table panel (when the actual insurance amount for a given MO code is changed). It is
important to note that all of these Billing issues will require a Charge Back Accounting
String to be associated with either the Vehicle itself or more likely the Vehicle Class Code.
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The Vehicle Class Code will probably be departmental in nature, such as Police, Fire, Gas,
Buildings & Maintenance, Parks & Recreation, etc. A custom business rule will be setup for
each Vehicle Class Code to allow entry of an operational charge back account.
Regarding the tasks and related costs to include logic to address the 'Flat Charge Back Rate'
method, none will be identified for initial go-live. WhenJifthe Fleet Department determines
that this logic is required, Synergen will estimate at that time and assist the City in its rapid
deployment.
Additional Project Related Costs: 16 hours design, 72 hours development & unit test = 88
hours:
16 hours x $204/hour = $3,264
72 hours x $244/hour = $17,568
$3,264 + $17,568 = $20,832
Note: Per the January 12, 2005 telephone conversation with John Feit, this request is being
removed from the required list of enhancements. As a result of this, the cost associated
with this request has been decreased to $0 in the Enhancernent Pricing Summary listed
below on page 16.
4. Is there the ability to set a staft and end date for some fixed billing fates (such as setting
debt cost to start on March 2003 and end on February 2009 without manual
intervention)?
Proposed Resolution: The solution to this issue has been addressed in the Proposed
Resolution for Item #2 above.
Project Related Actions: None.
Additional Project Related Costs: None.
s. Is there the ability to 'drill down' from a period billing charge for a vehicle and see
whefe all the charges originated (debt, insurance, Work Orders, commercial charges,
etc.)?
Proposed Resolution: Synergen will provide the capability to view the Account Log from the
Fleet Work Order. This will allow you to 'drill down' and see all related accounting log
transactions for the asset identified on the WOo In addition, we would also like to add the
'Asset_In' to the Account Log search screen, to provide the ability to retrieve 'Period' cost
data by Asset. Assuming these modifications provide sufficient 'drill down' capabilities to
the users, they will be included in Version 6.5, which will be in time to support the Fleet
rollout.
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City of Clearwater - January 20, 2005
Phase 2 Implementation
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Project Related Actions: Education/training to understand how to view the desired account
log data. When you're originating from the Fleet Work Order, you will see all account log
transactions for that Fleet Asset in descending order. If you originate your query from the
Accounting Log search, the data returned will be based on the search selection criteria
entered.
Additional Project Related Costs: None.
CONTRACT TRACKING
1. We were told that the 'Service Contract' module would be required to track vendor
data, terms, and expiration dates?
Proposed resolution: Buildings & Maintenance would like to track their vendor contracts
electronically. Currently, they have paper contracts that they keep in filing cabinets. Two
possible solutions exist for this issue. The first would be to scan in the documents and
associate them as an attachment with the various work orders that require that vendor to
perform work. The second would be to use scaled down functionality within the Purchasing
module and enter these contracts, be it via Purchase Orders or Blanket POs. A prerequisite
activity to the creation of Synergen POs would be the entry of the associated Vendors. As
part of this Synergen PO creation activity, the City could scan in the hardcopy contract
document and attach it to the Synergen PO. If Buildings & Maintenance requires actual
vendor costs to be seen within Synergen, an interface would need to be developed from Ross
to import the invoice data associated with these Synergen POs.
Project Related Actions: During the Buildings and Maintenance Configuration Workshop,
the City of Clearwater and Synergen will decide on the best path to take with regards to
capturing these vendor contracts. If the decision is to utilize the Purchasing module, it will
require some additional project-related Workflow, Data Load/Migration and Training time.
Additional Project Related Costs: None - will incorporate into existing project plan. Most of
the time related to this effort will be in the data load/migration activity, which the City is
responsible for. Synergen has extended the duration of the manual data load task in the
project plan by five (5) days to address the possible increase in effort. Regarding Purchasing
training, the third week of Train-the- Trainer could be modified to include both Inventory and
Purchasing.
BUDGET
1. Is there the ability to review all expenses for each piece of equipment for a specific
period of time (for example October 2001 through February 2003) to establish a budget
estimate by equipment number?
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Proposed resolution: This will require a system modification to produce a Fleet Asset Period
Cost Report, which would obtain its data from the Period Cost view on the Fleet Asset. Only
the 12 previous months will need to be included in the calculation of the previous year's
budget. Assuming the report is generic and compatible to the Synergen product, its inclusion
into the baseline product will be targeted for Synergen's Version 6.6.
Project Related Actions: The Project will be responsible for designing and developing an
interim report.
Additional Project Related Costs: 6 hours design, 54 hours development & unit test = 60
hours:
6 hours x $204/hour = $1,224
54 hours x $244/hour = $13,176
$1,224 + $13,176= $14,400
2. Is there the ability to incorporate/print the number-of-months equipment was in "A"
status in above to obtain accurate estimates for new equipment that may have been in
use less than the 17 month period used above?
Proposed resolution: This will be included as part of the solution for #1 above.
Project Related Actions: None.
Additional Project Related Costs: None.
3. Is there the ability to export the above data to excel format to allow for additional sorts,
additions, etc?
Proposed resolution: This will require a system modification to export the data associated
with the Fleet Asset Period Cost Report to an Excel spreadsheet. Assuming that the City of
Clearwater decides that this is necessary functionality, its inclusion into the baseline product
will be targeted for Synergen's Version 6.6.
Project Related Actions: In addition to designing and developing the report identified in #1
above, provide an interim ability to export the data to an Excel spreadsheet.
Additional Project Related Costs: 4 hours design, 28 hours development & unit test = 32
hours:
4 hours x $204/hour = $816
28 hours x $244/hour = $6,832
$816 + $6,832 = $7,648
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PRICING SUMMARY FOR FLEET/B&M ENHANCEMENTS
1. Can 'reason' (damage, normal, wear, cap/stat) for a work order be changed after opening a
work order?
2. Can downtime be calculated automatically per the work order and differently for different types
of e ui ment?
3. Can downtime be seen or chan ed before closin work order?
4. Can downtime be stopped when equipment goes back into service or when Work Order is
o ened onl to order arts, while unit is still in-service?
5. When does the 5 stem u date a PM - when a PM Work Order is 0 ened or when it is closed?
6. Can the time card system for labor entry be disabled, so that daily labor can be entered
manuall at the end of the da ?
$0
sub-total
$4,720
$0
$0
$0
$0
$4,720
1. Is there the abilit to set the de reciation start date to somethin other than the urchase date?
2. 15 there the ability to add additional charges (Cap-Stat) and the system will adjust depreciation
over e ui ment life?
3. 15 there the ability to produce a monthly depreciation report listing Asset value, Cap-Stat value,
monthl de reciation, life-to-date de reciation, etc. for each iece of e ui ment?
$0
sub-total
1. Is there the ability to run a billing report by equipment and an additional summary report with
one line total for each Cost Center Account?
2. 15 there the ability to capture both fixed (insurance and debt payment) and variable (fuel, parts,
labor, commercial costs?
3. Is there the ability to set different billing types, rates for different equipment (Le., MO/1, MO/2,
G 1234 ?
4. Is there the ability to set a start and end date for some fixed billing rates (such as setting debt
cost to start on March 2003 and end on Februar 2009 without manual intervention ?
5. 15 there the ability to 'drill down' from a period billing charge for a vehicle and see where all the
char es ori inated debt, insurance, Work Orders, commercial char es, etc. ?
$38,400
$14,320
$0
$0
1.15 there the ability to review all expenses for each piece of equipment for a specific period of
time (for example October 2001 through February 2003) to establish a budget estimate by
e ui ment number?
2. Is there the ability to incorporate/print the number-of-months equipment was in "A" status in
above to obtain accurate estimates for new equipment that may have been in use less than the 17
month eriod used above?
3. Is there the ability to export the above data to excel format to allow for additional sorts,
additions, etc?
$14,400
sub-total
$0
$7,648
$22,048
total $88,928
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3. PRICING
Synergen has proposed the services recommended in the Synergen Implementation Approach
and is confident that services proposed are the reasonable minimum required in order to
minimize risk (for both parties) and to ensure a successful implementation. Table 1 on this page
represents the level of effort anticipated for the implementation support services provided by
Synergen for Approach One (Combined Fleet and B&M Implementation); Table 2 on the
following page represents services for Approach Two (Discrete Fleet and B&M
Implementation). These tables do not provide for City of Clearwater required/provided
resources (such as City of Clearwater Core Team participation, IS resources, outside consultants,
etc.). We request that milestone payments for services be made upon completion ofthe tasks and
delivery of the deliverables for each item and project phase. Table 3 describes reimbursable
expenses.
TABLE 1: APPROACH ONE - COMBINED FLEET AND B&M IMPLEMENTATION
Item Description Pricing
1. 1,0 Implementation Planning and Coordination $70,296
2. 2,0 Software Installation $0
3. 3,0 Software ConfIguration Support $52,224
3,Oa Fleet and B&M Modifications $88,928
4. 4,0 Interface Design & Development Services $1,952
5. 5,0 Data Conversion & Migration Support $26,432
6. 6,0 Training Support $30,648
7. 7,0 System Rollout Support $24,480
Total for Approach One (Excluding Reimbursable Expenses) 5294,960
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TABLE 2: APPROACH TWO - DISCRETE FLEET AND B&M IMPLEMENTATION
1. 1.0 Implementation Planning and Coordination $67,032
2. 2,0 Software Installation $0
3. 3,0 Software ConfIguration Support $32,640
3.0a Fleet and B&M Modifications $88,928
4. 4,0 Interface Design & Development Services $1,952
5. 5.0 Data Conversion & Migration Support $26,432
6. 6,0 Training Support $30,648
7. 7,0 System Rollout Support $24,480
Total for Fleet Only $272,112
1. 1.0 Implementation Planning and Coordination $67,032
2. 2.0 Software Installation $0
3. 3.0 Software Configuration Support $19,584
4. 4.0 Interface Design & Development Services $1,952
5. 5,0 Data Conversion & Migration Support $26,432
6. 6,0 Training Support $30,648
7, 7.0 System Rollout Support $24,480
Total for B&M Only $170,128
Total Cost for .\pproach T" 0 S442,240
(Excluding Reimbursable Expl'lIs('s)
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S Y N ERG E N Phase 2 Implementation
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TABLE 3: REIMBURSABLE COSTS
Description Prier
Reimbursable Expenses
Travel, Subsistence, Communications
Cost + 8% G&A
NOTES
1. Reimbursable expenses are not included in this proposal. However, based on actual
travel costs incurred during Phase 1 and the anticipated number of trips to Clearwater for
Phase 2, the estimated reimbursable expense cost is $35,700.
2. This proposal was prepared using 2003 Labor Rates.
3. Invoices will be submitted upon achieving the indicated milestones for the fixed price
and fixed price (level of effort) items. Invoices for time and materials items may be
subrnitted monthly for the labor and expenses to that date.
4. Invoices are payable upon receipt. Interest of one and one-half percent per month shall
be payable on any amounts not paid within thirty (30) days. Attorney's fees and other
costs incurred in collecting any delinquent amount shall be paid by the client.
Additional Professional Services may be provided on a time and materials or fixed price basis
upon detailed definition of scope of deliverables.
TERMS OF OFFER
Please be advised that this proposal offer will only be honored for sixty (60) days from date of
proposal submission (i.e., today being January 20,2005).
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Asset Management System
City of Clearwater - January 20, 2005
Phase 2 Implementation
4. PROJECT SCHEDULE
The Project Schedule will be provided separately, via e-mail.
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5. SIGNATURE PAGE
Synergen Implementation for the City of Clearwater's
Buildings & Maintenance and Fleet Departments (Phase 2)
Implementation Approach #:
Synergen Inc.
Rick Bill
Vice President
Dan Brault
Sr. Project Manager
******************************************************************************
City of Clearwater, Florida
Countersigned:
By:
Frank Hibbard
Mayor-Commissioner
William B. Home II
City Manager
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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City Council
Cover Memorandum
n. ~
Tracking Number: 1,075
Actual Date: 02/17/2005
Subject / Recommendation:
Approve a Revocable Permit with Quality Boats for three mooring buoys at Island Estates for a
rental fee of $2,755.08 per year and authorize the appropriate officials to execute same.
Summary:
In 1975, the City of Clearwater entered into an agreement with Ross Yacht Service, permitting
Ross to install and maintain seven (7) mooring buoys, until such time that either party wished to
terminate the agreement. With the construction of the public docks at Island Way Grill to start
in January 2005, the City wishes to revoke the "Revocable Permit" for seven mooring buoys and
issue a new Revocable Permit for three mooring buoys to remain, under the name of parent
company, Quality Boats. The City feels these three buoys will not impede navigation to the
public docks, whereas the additional four will.
Per the current agreement, the City Attorneys' Office sent a letter dated December 22, 2004
giving thirty (30) days notice that the City wishes to terminate the agreement for the seven
mooring buoys.
The new buoys are to be used for additional space, after all other spaces are filled, and not to be
sublet as permanent moorings for compensation. This would be considered subletting and a
violation of the Revocable Permit.
Quality Boats will pay a rental fee of $2,755.08 per year, payable monthly at $229.59, plus any
increase applied to dockage for all tenants, and any and all applicable taxes. The new permit
can also be terminated with 30 days notice by either party.
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Bill Morris
01-07-2005
15:49:57
Garrv Brumback
02-10-2005
07: 13: 17
Brvan Ruff
01-07-2005
16:31:59
Bill Horne
02-10-2005
20:43: 17
Cyndie Goudeau
02-11-2005
07:24:32
REVOCABLE PERMIT
THIS REVOCABLE PERMIT entered into this _ day of , A.D. 2005, by and
between the City of Clearwater, Florida, a municipal corporation, hereinafter call "City", and Quality
Boats of Clearwater, Inc., a Florida corporation, hereinafter called "Quality Boats";
WIT N E SSE T H:
That in consideration of the covenants herein contained, on the part of Quality Boats to be
kepi and performed, the City does hereby grant a Revocable Permit to Quality Boats to install and
maintain mooring buoys in the following described water area in Clearwater, Pinellas County,
Florida:
That certain water basin area bounded on the South by the Causeway to Clearwater
Beach, on the East by Island Way, on the North by Island Estates and on the West
by the City of Clearwater Marine Aquarium and docks; said area being set forth in
detail on the attached drawing, marked Exhibit "A", and made a part hereof.
Said use of the described water area shall be non-exclusive and shall be subject to the conditions
and provisions as set forth below.
1. The term of this Permit shall commence , 2005, and shall continue
thereafter until terminated by the mutual consent of the parties hereto or by furnishing written
notice of termination in accordance with Paragraph 4 or 7 hereof. Quality Boats covenants with
the City to pay rental therefore in the sum of Two Thousand Seven Hundred Fifty-five Dollars and
Eight Cents ($2,755.08) per year, payable monthly at Two Hundred Twenty-nine Dollars and Fifty-
nine Cents ($229.59) per month, with the first monthly payment to be made on
, and a like payment of Two Hundred Twenty-nine Dollars and Fifty-nine Cents
($229.59) to be made on the first day of each month thereafter during the term of this Permit, as
well as any increase applied to dockage for all tenants. Quality Boats shall also pay any and all
applicable taxes, including State of Florida sales or use or ad valorem taxes which shall be
charged or levied.
2. Quality Boats shall immediately, at its expense, apply for and obtain a permit from the
U.S. Corps of Engineers for the installation of the mooring buoys and furnish to the Harbormaster
of the City of Clearwater a copy of same before commencing the installation of said buoys.
3. Quality Boats covenants and agrees to provide, install and maintain at its expense three
(3) mooring buoys, of an approved type, located according to the drawing attached, marked Exhibit
"A", and made a part hereof, all under the direction and approval of the Harbormaster of the City of
Clearwater, Florida.
4. Either party may at any time terminate this Permit by giving thirty (30) days' written notice
of said termination to the other party. Upon termination of this Permit for any reason, Quality Boats
shall within thirty (30) days from the date of the notice of termination, at its expense, remove the
buoys and any appurtenant equipment from the described water area.
5. Quality Boats shall make no unlawful, improper or offensive use of the area and shall not
assign this Permit without the written consent of the City, and Quality Boats shall not use said area
Revocable Permit for mooring buoys
for any other purpose than a mooring area for vessels being worked on; not a sublet for wet
storage. Buoys installed under this Permit, and vessels moored thereto, shall neither block
na'\ligation within the basin nor hamper ingress and egress to other marine facilities located within
the basin.
6. Quality Boats hereby covenants and agrees, at its expense, to carry and maintain an
insurance policy for liability insurance insuring the City from any and all claims or demands
occasioned by any person or persons using said area during the Permit term and said insurance
shall be in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence in
said area as a result of Quality Boats' use thereof, which policy shall name the City as an
additional insured; a copy of such insurance policy shall be deposited with the City during the term
of this Permit and Quality Boats shall pay all premiums required thereby.
7. If Quality Boats shall violate any of the covenants of this Permit, the City may
immediately terminate this Permit by giving notice in writing to Quality Boats and Quality Boats
hereby waives all right of notice and the City shall be entitled to compel immediate removal of all
mooring devices allowed under this Permit.
8. Notices hereunder shall be given by certified mail and shall be deemed given when the
letter is deposited in the mail, postage paid, and addressed to the City Manager, City of
Clearwater, PO Box 4748, Clearwater, Florida 33756, and Quality Boats of Clearwater, Inc. 235
Windward Passage, Clearwater, Florida 33767.
9. This Revocable Permit shall be binding upon the successors and assigns of the parties
hereto.
WITNESS our hands and seals the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Quality Boats of Clearwater, Inc.
By:
By:
Revocable Permit for mooring buoys 2
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EXHIBIT "A II
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:Proposed Mooring Buoy" Installatio:
at lsland Estates of Clearwater,
'Florida for
Quality Boats of Clearwater, Inc.
235 Windward Passage
Clearwater, Florida 33767
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""",,_w~g,~!!da ,~Q~,~ Memora~,!!,~,!!I~",
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Tracking Number: 1,110
Actual Date: 02/17/2005
Subject / Recommendation:
Approve funding for the development of the Myron A. Smith Bayview Park by transferring
$200,000 of funds at first quarter from the unappropriated retained earnings of the General
Fund to Capital Improvement Project 315-93129, Bayview Park, and approve amending the
Capital Improvement Plan to include Bayview Park Development as a Capital Improvement
Project for FY 2004/05.
Summary:
In partnership with Pinellas County, the City entered into a Grant Award Agreement in
November 2002 with Florida Communities Trust (FCT), a State of Florida agency, for the
purchase of 4.2 acres of land located at 3035 Gulf to Bay Boulevard.
On August 19, 2004 the City Council approved a Recreational Easement Agreement between the
City of Clearwater and Pinellas County in accordance to the Management Plan. Also, on
December 2, 2004 the City Council named the park "Myron A. Smith Bayview Park".
Since the purchase of the property the City has accomplished the various tasks set forth in the
Management Plan. The next step in the Management Plan is to construct the various
components to be placed in the park.
Staff is currently finalizing detailed site plans, as well as construction plans for the project.
Several meetings have occured to receive public input into the development of the project
elements.
Funds are now required to complete this portion of the Management Plan so staff is requesting
the allocation of $200,000 from unappropriated retained earnings be used for this project.
Even though this project has existed since 2002, it has never officially been included in the
City's Capital Improvement Plan. Staff is recommending that the project be included in the plan
which will improve grant opportunties for the Project.
Staff will be submitting an application for a matching Land & Water Conservation Grant (LWC)
by March 1st. Total cost of the project is estimated to be $400,000.
Construction is anticipated to be completed by the end of the current calendar year.
Originating: Parks and Recreation
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Capital Expenditure
City Council
Cover Memorandum
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
To establish new CIP account.
Current Year Cost:
$400,000.00
Annual Operating Cost:
$12,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$412,000.00
Not to Exceed:
$400,000.00
315-93129
$200,000.00
$200,000.00
Comments
To fund grant requirements.
Appropriation Code(s)
315-93129
Amount
Possible matching grant (LWC)
Review Approval
Kevin Dunbar
02-03-2005 12:48:27
Garrv Brumback
02-07-2005 12:39:36
Tina Wilson
02-03-2005 10:55:33
Bill Horne
02-08-2005 10:09:28
Cvndie Goudeau
02-08-2005 10:13:42
City Council
~"~,,!t-g~!!..~.~_ COV!.~.~..~.~.morandu m
E'~ - 3
IJ, ~
Tracking Number: 1,095
Actual Date: 02/17/2005
Subject / Recommendation:
Accept a 9 square foot sign easement over and across a portion of Lot 3, T. H. KINGSTON,
RE-SUBDIVISION, conveyed by Glen Stilo, as Trustee, Church of Scientology Religious Trust, in
consideration of receipt of $1.00 and the benefits to be derived threrefrom.
Summary:
The City has identified a need to install wayfinding signage throughout the Clearwater CRA in
order to ease business owner concerns over loss of traffic once the new Memorial Causeway
Bridge opens.
A coordinated variety of informational, directional, pillar and ground signs will be installed within
each downtown district for both public information purposes and district identification.
The Church of Scientology Religious Trust has granted the subject 9 square foot easement for
the City to erect an approximately is-foot directional pole sign on the grounds of the church's
Osceola Inn adjacent to Drew Street right-of-way.
It is anticipated the Downtown Wayfinding Signage Project will be completed later this Spring.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
financial Information:
Review Approval
Michael Ouillen
01-18-2005 15:07: 16
Garrv Brumback
02-03-2005 09:51:55
Laura Lioowski
01-25-2005 09: 19: 12
Bill Horne
02-03-2005 10:54:02
Cyndie Goudeau
02-03-2005 11:19:55
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City Council
E.NS-~
11.7
jo;.
-
~,_,,,,,,,~g,!!nda~,~ver "Memora n"~"~,!!!,~",""""~~",,~,,,,,,,.,% ,a
Tracking Number: 1,103
Actual Date: 02/17/2005
Subject / Recommendation:
Accept a blanket water main and utility easement conveyed by Our Lady of Divine Providence,
House of Prayer, Inc. over and across portions of MYRON A. SMITH'S BAYVIEW SUBDIVISION as
more particularly described therein, in consideration of receipt of $1.00 and the benefits to be
derived therefrom.
Summary:
Our Lady of Divine Providence, House of Prayer, Inc. is constructing a new assembly hall, adding
parking and additional landscaping to its private religious retreat at 711 - 725 South Bayview
Avenue.
The new construction will include installation of new potable water lines, hydrants and meters
("water utilities") to service the additional facilities.
The subject easement grants the City authority and responsibility for the installation,
maintenance and replacement, if necessary, of the water utilities that will serve the new and
existing improvements within the 6-acre campus.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
financial Information:
Review Approval
Michael Ouillen
01-18-2005 15:04:40
Garrv Brumback
02-03-2005 09:50:54
Laura Lioowski
01-25-2005 09:18:29
Bill Horne
02-03-2005 10:53:01
Cyndie Goudeau
02-03-2005 11:19:05
Return to:
Earl Barrett
Engineering Depa.rtment
City of Clearwater
p, O. Box 4748
Clearwater. Fl. 34618-4748
RE: Parcal No. 16~29.16-83106..o00.0308, etal
WA1E~ MAIN.& UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum. of One Dollar ($1.00) In hand paidto it, the receipt
of which is hereby acknowledged, and the benefits to be derived thElrefrom.
OUR LADY OF DIVINE PROVIDENCE. HOUSE OF PRAYER, tNC.,
a Florida not..for..profitcorporation
70.2 S. Bayview Avenue. Clearwater,FI.33759-4215
rG rantor") , does hereby grant and convey to theCITV OF CLEARWATER, FL.ORIOA. a Florida
Municipal Corporation("Grantee~), an easement over, un~er arkl a.CtOss the fC)lIowlng desCribed hmd
lying and berng.situatein the Count YolPineHas, State elf Florida. to wit
A ten.foot(10') water main and utilities easement lying five feet (5') each side of all water
mains and utilities, up to and including aU water bydranl$and meters e'water facUltis$"),
but excluding any mains thCit may lie under.buildings or within five feet (5') of buildings,
as all such water mains and utilities are now constructed and existing, or as may
hereafter be constructed oneconstructed within the follOWing described tract:
Pc>rtions.of MYRON A. $MITH'S BAYVJEW SUBDIVISION.,according to the map or plat
thereof as recorded'n Plat Book. 25, Page.57, public records of Pinellas'County. Florid..,
ass more particularly described ill EXHIBlT IiAtt appended hereto and made a part hereof.
TheelTV OF CLEARWATER. FLORIDA, shall have the right to enter upon the herein
described premises to construct,instaUand malnt3,inand reconstruct as necess;;Jrysuch \ftiater
facilities,. and to in~pe9t and..aJtersuch. water facllitielifromtlme.to time. In the exercise of rights
g'ranted herein. Grantee shall in every instance restore all physical impacts to the easement premises to
equal or better condition as existed prior to the exercise of such rights.
Grantor warrants and covenants with Grantee that it iSlheowner elffee'sirnpletitle to thehere)n
described easement premises, and that Grantor has full right and lawful authority to grant and convey
this ea~ement to. Grantee. and that Grantee 'shell have quiet and peaceful possession, use and
enjoyment of this easement.
U:\Eascrncnt'i\HOUSE OF PRA YER W1vl & UTIL EAS 1204,doc
Page I of2
It Is exprE;!ssly understood that Grantor reserves unto . itself all. rights of oWnership of. the
easement premises not lncon!)istent with the easement rights granted herein.
This eas.ement is binding upon the Grantor, the Grantee, their successors and assigns. The
rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the
wrfttenmutuafagreement of both parties,or byab~ndonment of the easement premises by Grantee.
INWITNb~W.. HERE~the undersfgnedgrantorhas caused these presents to be duly
executed this ( . Kday of ~C- , 2004.'1
STATE OF.FLORIDA
: ss
OUR LADY OF DIVINE PROVIDENCE. HOUSE
OF PRAYER,..INC.,
a Floridainot-for-profitcorporation
ElY..{1~ ~~
. ... . o;~o~ Blown, r~~lg~ol
COUNTY OF PINELLAS
~ The foregoing instrument was acknowledged before me this L. l;. day of .~...c..- .
20Q,2.by Diane BrownasPresidentofOur Lady of Diving Proviqence, HoUs~ of Prayer. Inc..arFlonda
noHor-profilcorporation, .whoexeq~ted the. fore9()ing instrument on behalf of said corporatiqn. and
who acknowledged theexeculiorythereof to be herfree <act end dl!:led for the uses and. purposes therein
expressed, and who t --1 is personally known to me or who [ J did provide
as identification.
My C<:>rl1missioo Expires:
,: ~ HattyS Clme
" 'J. . ~ commiUlM POme&4. ....
'~.1 ExPm AjID1 ~,200e
U;\Easell1ents'J1()USE OF PRA YER WM & UTIL BAS 1204.dQC
Page 1 of2
EXHIBIT 1'A"
LEGAL DESCRIPTION
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_~ tit fllJ,T.~
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21." ET 'l'lIP~T OF IOHiIMl.
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\
I
i'
1
J
L
ater
City Council
,@~_,~9~ndaJ;;,~.ver . Memora,!:!,!:t~,.!!!"_~,,,.
ENS - 5
//.a
Tracking Number: 1,104
Actual Date: 02/17/2005
Subject I Recommendation:
Award a contract for the General Services Storage Building (04-0024-GS) to R. Kruger
Construction Company, Inc., of Oldsmar, Florida for the sum of $328,673.40 which is the lowest
responsible bid received in accordance with the plans and specifications, and authorize the
appropriate officials to execute same.
Summary:
Currently, the General Services Complex contains numerous sheds and commercial shipping
containers that are used to store parts, supplies and equipment required for maintenance and
repair operations. The request for the approval to construct a new storage building is based on
three factors. The first, being a need to replace the existing sheds and containers because they
are at the end of their useful lives and open to the elements. The second is the need for
additional storage space for hurricane related equipment, building supplies and City assets that
the department maintains or holds for parts. Thirdly, fleet needs additional equipment and
vehicle parking area currently occupied by the sheds and portable buildings.
The new storage building will consolidate the existing storage within the complex and will allow
for greater efficiencies in obtaining and dispersing parts, supplies and equipment.
This project will start as soon as possible after award and execution of the contract and is
scheduled to be completed within 180 days.
A first quarter budget amendment will provide for the transfer of $328,673.40 from the retained
earnings of the Garage Fund to provide funds for this contract.
A copy of the contract is available for review in the Official Records and Legislative Services
office.
Originating: Engineering
Section Consent Agenda
Category: Construction Contracts - All Departments other than Public Works Originating
Number of Hard Copies attached: 0
Public Hearing: No
financial Information:
~ Capital Expenditure
Bid Required? Yes
In Current Year Budaet?
Yes
ater
City Council
......~g el!.!!.!!. c~~~.~....~.~.~.!?!.!!.I!.~.~.~....~.
Budget Adjustment:
Yes
Budget Adiustment Comments:
See Summary Section
Appropriation Code(s)
0315-94235-563600-519-000
Amount
$328,673.40
Comments
Review Approval
Glen Bahnick
Michael Quillen
01-18-2005 08:33:32
01-19-2005 14:39:24
02-07-2005 15:02: 13
01-18-2005 15:57:06
01-20-2005 07:16:01
02-03-2005 09:56:35
01-19-2005 14:17:48
01-20-2005 11:50:48
02-07-2005 11:19:20
Georae McKibben
Cyndie Goudeau
Bob Brumback
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
r
City Council
~Bend.!".=~ove!"J~~I~.!!I_or.~nd urn
fl. <1
Trackina Number: 1,147
Actual Date: 02/17/2005
Subject / Recommendation:
Appoint Douglas J. Booher to the Neighborhood and Affordable Housing Advisory Board in the City
Resident category with the term expiring on April 30, 2006.
Summary:
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
CHAIRPERSON: Laurel Braswell
MEETING DATE: As Called
PLACE: Determined when called
APPTS. NEEDED: 1
STAFF LIAISON: CHUD-Howie Carroll
DATE APPTS TO BE MADE: ASAP
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Residential Bldg Industry and/or
those areas of labor engaged in residential bldg industry; banking/mortgage industry; advocate
for low income housing; provider for low income housing and/or real estate industry; resident
from one of the City's Neighborhood Revitalization Strategy areas; City resident; and resident
East Clwr area.
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. Traci Reid - 1176 Palmetto St., 33755 - Original Appointment 11/07/2002
City Resident - (Resigned)
(person appointed will start immediately to complete term to 4/30/2006)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
City Resident
1. Douglas J. Booher - 2717 Seville Blvd., #13-106, 33764 - Realtor
Zip codes of current members:
1 at 33755
1 at 33759
1 at 33761
1 at 33764
1 at 33765
1 at 33767
Oriainating: Official Rec and Legislative Svc
Section: Consent Agenda
Cateaory: Other
ater
City Council
A9.enda.,~~ver Memorandum "",=,_=".,_
Number of Hard Copies attached: 0
Public Hearinq: No
Financial Information:
Type: Other
Review Approval
Cvndie Goudeau
02-15-2005 13:22:25
City Council
~gendi!" Cove!"""~"~!!!.~"!!!"!!,~t~.!!!..~,,,"",,"~,_"@,,,,.~~__~.,,,,_@
Category: Other
Number of Hard Copies attached: 0
Public Hearino: No
financial Information:
Type: Other
Review Approval
Cvndie Goudeau
02-03-2005 09:29:50
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Office Address:
J '11 IV, .6'eL.. C Ii€,e I?U
L-AI<.Go rL Zip ?S'771
Telephone: 7ri-? ~ 533- 00,3'-1
j-JEAt...S - /...., lit-"/) I/V AiVi:.7..i..AS /:DL ~)-'16"
Em,ployer: ELA' ~(,/ VTi) # , //trQ.rtl~n.~ ,
Other Work Experience:
/I,1JA-L15/f /J'fEV'I()~$ 7b A'C..4L E:sm7'F"..?
h()~/CO) /# THE IT HEL D 4/(.
/LAlfJov5 ,t::b;t'wf'J~ Soo Co/'7//1,v1t=5
Name: DoV(~LAS ~ '300 I-I~-j<.
Home Address:
,;17/1 SEvl u.t" .6'(,.....,)) -:Ii 13- /(S~
C LeA Il. w A rEI<.. rL Zip 3~ 7{.. V
Telephone: 7c}7 - G:,x1- XI 9~<r
How long a resident of Clearwater? :$
, ",' Occqpation:' A'E t1 L T'1') R...
Field of Education:
;1~",,,,.q.~5 7)€Gh,I- :Sn~.M<i
If retired, former occupation:
Community Activities: INVOLVE')) /;'wJ 1/ A/1/o/J 5 ;:,"(.I#/> /(A"s",c..G Acr/lNr/ES ,rc::>..e.
I!J.})A. /JlL-CIII,-~REt-.J5 ;IosAn4~, JI THe L€VkF~~A tf LY~~I-IDh1A SCc/i:-r)-
Otherlnterests:J:' e~jo}' t="/SH/N6 t' MOSt spo,'t..'"'t$
Board Service (current and past): Board Preference:
IA~r l~iDG.JVT- 5"E/l7Z:>I"tA Cl.,.vR NA f-IA8
Additional Comments:
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: /- 8- o'-{
RECEIVED
JUL 12 2004
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS Df.PT
BOARD QUESTIONNAIRE
. 1. What is your understanding of the board's duties and responsibilities?
((ev/r:;w $ ~VAL vATC C IT}J ,I).Ro G-RAMS A/I"4/Z"i':. AT
t61JJ 7C> /J1t>Utf:.,(An:: INCoMe A'("S;)>€#T.s~ MA'J.I "",,("
FE""i::J€1fAL. -€ SIAn=.. t-bvS//.J6 <9L.4NTS Ie 13f-:",vE p,,-
,tfe;;~ /1VJ)tvl))uAt..S. fl'IAtC.€ ~eCOrvlI'1FJV~TloNS ~ C/~~
MIwAG€.tl t: C/Tp Cov~clL REbM.D,NG HoUSING E Cc:.N\t"1tll\l..)-'
DCVC\...O fl'^ F:N' ~ 61/.A/vtr", .
_ 2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station? . . - - .... .
YEs I :r !+1+vE /I-~".,7})Fu SOMt:"" CIIY r""dN~(L y1.t~"T7lrJt.S
/IV f'E.es~JU.? rII1//~ Ihso IAlATCflrEi) SOP'e Wc>~K Se:;-s-/OlVS
o/U IV.
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
J:" Fe=1..- MY E'iPe/l.,€fU~E:.. 1/'oJ ~EAL €S"i7't-TE: Atv'2> uSE . &F
1,(t>GI/A"""S L-I K'E r~ "QIM/,9 J:!,4Y C?k:.. WI L t.. de J/;+W,4O'ti;-.
-.:r !fl.-S'o f/fJDDeS774J/D ,lIE C.UIIL.LENG€5 ~,co /l1~,&Df(7J/lt!fLC
fk.?u5/N6 /IV /1 If'EAL €S"',-,rrTE: /1?,4~I!'E:T 5tK)1 A- 5' DGJ~.S.
4.. Why do you want to serve on this Board?
I' FEEL THI.:5 Atv A~eA 6F /1"11/ CO"""'/"1V/oJI"Y W~€
T cAN COf'.j"T/t,8vn;:.7Z> --./J1AJ:::e A- ~,;:':F€~tZ,cJ.cIii".
Name"))OlJG LAS ~ -a00 tI-€R-
Board Name: tv A #,4 fJJ
L__
II. 10
City Council
_.="_",,...~!!~~a ~~~,,~I,,~,.~,!!!,!:!.~!,_ndu m """_..,,,,_,
Trackina Number: 1,146
Actual Date: 02/17/2005
Subject / Recommendation:
Appoint Kelly Sutton to the Municipal Code Enforcement Board, in the Engineer category, with the
term expiring on February 28, 2008.
Summarv:
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer,
businessperson, general contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Sheila Cole
MEETING DATES: 4th Wed., 3 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 1
DATE APPOINTMENT MADE: February 17, 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. Lawrence (Duke) Tieman - 1120 Kingsley St., 33756 - Original Appointment 10/3/1996
Interest in Reappointment: No (Ended 2nd Term on 10/31/04)(Realtor)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. David W. Campbell - 2310 Minneola Rd., 33764 - Retired Computer Systems Analyst
2. Gerald A. Collis - 2548 Countryside Pines Dr., 33761 - Self-Employed BA Business Mgmt.
3. Ronald V. Daniels - 30 Turner Street, Suite 802, 33756 - Real Estate Acquisition/Development
4. Paul Ellis - 19029 US Highway 19 N., 9-702, 33764 - BFA Major/Interior Design Space Planning
5. William J. McCann, P.E. - 1563 Turner Street, 33756 - Professional Engineer
6. Louise C. Riley - 1620 Drew St., 33755 - Retired (Semi) Estate Planner
7. Kelly Sutton, PE - 1711 Ashton Abbey Rd" 33755 - Engineering Consultant
8. Debra Walser - 240 Windward Passage #1301, 33767 - Realtor
Zip codes of current members: Categories of current members:
1 at 33761 1 realtor
2 at 33764 3 business people (retired)
3 at 33767 1 federal employee (retired)
1 fire fighter (retired)
:,.....~.~...i~J -=~d~c;:::i~~~nd~
Originatina: Official Rec and Legislative Svc
Section: Consent Agenda
Cateaorv: Other
Number of Hard Copies attached: 0
Public Hearina: No
Financial Information:
Type: Other
Review Aporoval
Cvndie Goudeau
02-15-2005
13:25:21
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
RECEIVED
SEP 2 '7 1996
CITY CLERK DEPT.
Name David W. Camobell
Home Address:
Office Address:
2310 Minneola Road
Clearwater. Florida ZIP: 34624
ZIP:
Telephone 725-1276
Telephone
How Long a resident of the City of Clearwater? since 1990
Occupation
Employer
Field of Education:
Other Work Experience:
Comouter Science
If retired, former occupation computer systems analvst
Community Activities: homeowners association. Coalition of Clearwater Homeowners Assoc-
iations
Other Interests: /
Board Service (curreRt and past)
Board Preference:
CERTAF. CVIEW Advisory Task Force
MCEB
Additional Comments:
Slgned:~
Date:
Seotember 27. 1996
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN
THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
g. \17-,11 v~Vlh'~J ccrvrt-; V\v~d \ V\~ ~S+
~, d. 4, 00 ( ( I ( ( I
q . 18'- c \ ,(yC~d) \ ( II ' ,
, .., ! 4- 0,,"). ( ~tA ( t: 8'; II , ( I ,
BOARD QUESTIONNAIRE
1. What is your understanding ofthe board's duties and responsibilities?
Review the cases brought before the board and determine whether they
are in violation of the city's Code of Ordinances and/or Community
Development Code.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
I have watched virtually all of the monthly MCEB meetings for the past
several years.
"
3. What background and/or qualifications do YOll have that you feel would qualify
you to serve on this Board?
I have been very active with Clearwater government activities for OVAr ten years
including very close coordination with the Community Response Team in their
establishment and exercise of policies and procedures for code enforcement. I served
as a member of the Code Enforcement Review Task Force (CERTaF), a Commission
appointed bOdy. to refine the City's Code of Ordinances. CERTaF was responsible for
establishing what IS known today as the Communrty Response Team (CRT). On
numerous occasions I have participated with staff on creation or changing of city codes.
4. Why do you want to serve on this Board?
I believe that I can serve the City of Clearwater well as a member of this
board because of my knowledge and understanding of the Community
Development Code and Code of Ordinances. I have an understandinQ of the
purpose of the Board and believe I can contribute significantly to its function.
Name:
David W. Campbell
Board Name:
MCEB
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARB~T 1 r, 2004
(must be Clearwater resident)
Name:
~~L/Ju{. A.
&L.L/.s
OFF!C1AL RECORDS AND
LEGiSLAiiVE SRVCS DEPT
Home Address:
~S~JY ~rJuNr;e7~/d: .>4'A"l"(
a.4AI'U/~ ~
Telephone: 7'J.7- z.4'if-.r7~/
How long a resident of Clearwater?
Occupation: .,$cJr./ ~ ~""'dA t'.J ,or ~
Field of Eailcation:
Jr
ZiD ~7~/
Office Address:
.-t/9'" ~. 0~L..- S'1"6 A-
~k-~ruJ~ ~ ZiD ~~7G. Y
. ~
Telephone: 7~1- r.zy- ~'u, So'
d-yrA'
Af34 '&H,J;. .-u.s"A r-
Employer:
Other Work Experience:
p2- 1~ qs"J .Lerr;rc>~
/tI t,l~ /L .fr,,/-c ~.p;;t't'hlH.3
,
If retired, former occupation:
Community Activities:
Other Interests: ;-/€I,7/'L 1:#
,
Board Service (current and past):
Board Preference:
M t d:.A- dVlJ. fic..r-.>;.n
Additional Comments: ~,;~ 7i ~(' vt/-r. ~J? (',,;,G.:s / J ,~ ~ A_j>U.-/'Adi
h J;.,...... ~nft~ 74N"'/"~
~:~e~
Date: /~;~d Y
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.
I
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
_. .
)p 5Y14-/~~r; r>1/_runJr ",,-1,/ r-#.J.../' ~ "fi A,/tII ..It>"".r/nJ~
r.e.J~;,...I, 21 (:~---./ --- ~,,/ I"..~.#/'/"""J --./ 7'1 6"5 u /........, ~
.2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
r
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
&..-r~".r'T J"JI~C"J..J. LJ",ue~.a.I /H.,~r k d'...it(,.; J+"H/~ .J e,./;
(!A-. ~~.k() 21- 7"" ",J v.c.J ~..~..,{, t9~cc.. /'."./.~
~/l.J'fm".o~.L:. fi-><II Jt5J"Vv:-/) /0 ""e!'Jf"'l L-if:-rt.... ~ /7 ~",r...."...
/' . -
~//..ec..'ft..u...1 aI1:h!77S~,y; ~~<.:> ~'/..,.A~ I;' c t.. '1s'/ e'7)t~ r~/~
4. Why do you want to serve on this Board?
c....P' "h-IH <..P ~ ('Of.t-. COol: 7;; d,. ~ifho-../ d OUJI"(~J~~
/
/,,"1 d ~f'J. d ~_'-l/ ,;'j,,,//J ,t,. .,.I:~ ~ ..f~~ /p//..!L~""aC
..4",). r..lltf'r A--...tJ -C""-' .#.-.ff.. BYe? ,.,11" a/t}",c....SJ ~ ~'VA~~'~ ~.
Name: ~/cl / &~~.J
Board Name: p1.f /" SA
Name: Ronald V Daniels
Home Address:
30 Turner Street. Suite 802
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~EIVED
(must be Clearwater resident) aCT
2 7 2004
OFFICIAL RECORD
Office and Mailing Ad~~A,TiVE SRVCSSD~~~
611 S Ft Harrison Ave Suite 230
Clearwater, FI 33756
Telephone: 727-515-8597
Clearwater. FI 33756
Telephone: 727 -446-0881
How long a resident of Clearwater? 30 years
Occupation:Real Estate Acquisition/Development
Field of Education:
Employer; Independent Real Estate Consultant
Other Work Experience:
25 years experience in Land Development
Residential and Telecom Construction
Real Estate Acquisition,and Mortgage lending
Manaoement and Business
Licensed Real Estate Broker - active
Licensed Mortgage Broker - inactive
Licensed Contractor -inactive
If retired,former occupation:
Community Activities:
Other Interests: Hiking, Biking, Boating, and Travel
Board Service (current and past): Board Preference:
None Municipal Code Enforcement Board
Additional Comments: Interested in giving back to my community my expertise in Construction and
Real Estate to assist vou on the Code Enforcement Board
Signed:
Date: 10-27-04
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board attends code violation hearings, and listens to the code violators plead their
cases, and once all the facts are presented the board makes a determination on specific
actions to be enacted on behalf of the City of Clearwater. .
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
Yes on numerous occasions I have made presentations before regional, and local
planning departments,zoning boards,city councils, school boards, state, and federal
regulatory agencies throughout the USA
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
I have been involved in Real Estate Development, Residential, Commercial and
Telecom Construction for 25 years.
4. Why do you want to serve on this Board?
I feel it my civic duty to offer my expertise to assist the city of Clearwater on this very
important board,.my goal is to help our city maintain a balanced growth management
plan for our community.
Name:_Ronald V Daniels
Board Name:City of Clearwater Municipal Code Enforcement Board
r
FEB 21 20U~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) . r... . .
. ;:J
Name: :. ~4 U L ELL~ :)
Employer:
Other Work Experience:
CI
F ti /(" /JAPE '3 *"
4 f) 1/1 / A/ d /;Ja 11'1./~ 5131< () t .\ E r;."
Ifretired, former occupation: y:; 7t:R,c){\ j)G..Y';6-N _>Vi,fJlRUtj'C3R... 1=0R.. /1 A /- E \" .~
Community Activities: DES t G fJ uz, .4, (lA., \ TT ~"-~ J S 2)} UJ h LL., Co nUV7 liT f ~
,,\C ~~\~ r c~U- u_ I<.. )1 C(9i' DGMoCD .Tl
.P~E-~d\..J:;.A1r "Two ~EAP..<; A.t'r'c Af'T Cbt.t/l~X: /'/J.HJfXl/l~g-
Other I ntel'ests: ./':::>~ '---1"7 I/VVf '.' f u
Home Address:
JLj02Cf uS fiG,! /tj/V C)-702-
/"' /,' n "C.?"" rh I /
r...{EARuWrEr<.. I L liD .:.> j (W....,-
Telephone: 7 2....7 ~=) J ~ '-f 5 fs .;
How long a resident of Clearwater? ,3. y R5
Occupation:
Field of Education:
Office Address:
liD
Telephone:
..2 fYl c.r; .
-JJ FA
'()i;; ~ l G- tJ
~ PI~c...E-
i I\j ~ fvT€RltJ/~
PL/JrIVAJiN6-
ES (6-;J
n1f.1z)6R
Board Service (current and past):
-
Board Preference:
t //'!' C E~FOPCli/J1E{/r g{;lHi~D
bt:AU,IFfCI17/&N' COJ'l.-\ WI'IITE&-
Additional Comments: A4FEf 0:;. AR/,J'1~i A/R~d)(JC./3 c=rC/:l.4A../Gb-. -SE,.,Qt"/c!.6.'
/A/' Ct~()PG
Signed:
-""d.. <-" //
C/ 'L,.tA /~X>(,-~" .
Date:
")
i"
/
{!;if
"'I~
t r
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?
.
J/) r'/rc;
1':/ I
f t'~ Ire/ I~ DO:, UO,,? -I-/~~r I Ie (t" Vl f"P~
, I ,
I'f.e." ou/lc/"111 ~7(7In,'nJ r"';7'/ and J~/i/-eJ
(J f?~ ~ /-r: PM ( .. ... [' i/) fo I'c-C s" l'i"Jy Co tie.[ .
I
vi . II . , ,. , /., .
:P:'nd/tU 4f. /10/.5' Pl'r7//h-l'l ovC'f?l// t:.-/J rlt'l/el'$.,t:'~<<~~/, d/ul t")hl:'P"/-:I~(
(, '''7-erf-;/:t e- r /' c:.../ /?/-P'/ r-c r.> ' ,
2. Have'You ever observed a board meeting either in person or on C-View, the
City's TV station?
3.q/~l>
hea. '-s
/J.-L--.q ..' r'J I
f?-~'
/, I (" ~ I-,,#..f
r: ~d~(
f.r,
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
7' hcn/e
C"/I7o rltn~~'lf
tI
Jel-// e~ ()'j/J 6t9a/'ds
&t-u ~/ey'eJ'
,
4,1/ r ~
4. Why do you want to serve on this Board?
J "1/ (J/"/,{ J/lfe' Iff /' u.n -//'/ i/t/~'
f/nl e ~l~ -I/1t
;' Id fj{f) / ve d
~9t~~
~/'
[ /1(f4::
J/}-'j
...j (,) be.
to h i'C 11
.~
C c) I-n Iu u i/I I 'fL/ .-L
W I-Ih I/;{ alet:<-
/pt
t
IJ't/e .
Name: ~/J-Lr ELL is:
I Board Name: E 11/~rCC-11;rc-'nf _~4:1: Pt,.-{...
?-- -3 C~ v' f/./~ c a f. ~t>1 {~ ;y, M ,. ~;f'e e
'-,
Name:
.JUN 042003
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
~OUl S~ C. ~ J 1-crY
Home Address:
t (,;Lt> lJ Re=-(.u :5/-
C J...~/1f2.. w IJ.rr';{L ZiD '3 31S-~-
Telephone: 7).. 7 - '-11./(" - go 711-
How long a resident of Clearwater? ';'5 (~
Occupation: . Rr:TI (l. G.-:> [SICk/,)
Field of Education:
:;. t t to Lt.-,; b tF
Office Address:
ZiD
Telephone:
Employer: 5 ~L. f=-
Other Work Experience:
If retired. former occupation: ~STArlS" fJJ.~A1AIc:r{)
Community Activities: 5~-r ~ V/LOtre. of- fe.u' (?dtJAH
WI LS(JAJ/1..A-Y ~dS tr
Other Interests:
/J.[) IYJ . C~A"6
, I
Board Service (current and past):
7 - '/~_ y I<... C' oDs-
Board Preference:
COJ}g
Additional Comments:
Signed: ;(i~- !'. e~
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:
t_lw",
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Pf?rrvlou ~ ~o< fiF((!./~;1/Ct$ 7 12- YA'
R.tST/~,*"p A5 PRtFS, j)~A/r-
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station? .
YlF5
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
Jf I A s t?~(jV I;
4. Why do you want to serve on this Board?
U./j-A/T ro s~ V1A" \T'}f'E trry
-
Name:
Board Name: fV)VAJ, () ',P4L.. adPtr etJ p- 0 Rag 1YJ1i'A/(j
J~N-28-2005 10:48
TBE CLEARW~TER
7275391294 P.02
RECEIVED
CITY OF CLEARWATER - APPLICATION FOR ADVISORY ~~05
(must be Clearwater resident)
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Name:_K1?lL -r SlA-lT[) tV I pe
Home Address: Office Address:
\1l' ASttrDN Pr8~f; U-b. ~6o ffttZ.K- fU'lC€ ,BLvD.. f)n: 300
.tLbV<..W~ I f1- ZiD 3~1~ CLelfl<VVfI-rE:ej P1- ~iD3>31Sq
TeJephone~ --12-1- 2-q 8 - 02-4-3 Telephone: ,2:1- +? I - I SCf 8
How long a resident of Clearwater? J. 5 'f ell R. S
Occupation; 8VG1INEa</tJ67 {tJNSULTI'tfJr Employer: TP;JE &eDUP, INC.
.
Field of Education: Other Work Experience:
B.s. - C. Hem ({ft/-. eNGtJ Neef2.I Nb] (ONSULrfI7.J-r - fY't~M I C-f2:Er;:D
fVl ,S.- t;NVf(/.()tJ~E!!1\fJI/J'€:eIZf~ J"";{2.fVATe wf/S1[3.;vltT&1l- 7!!effl71Ilt30T f/Jt1fJl
. ~mL
If retired, former occupation: rJ lit
.
Community Activities: /rOO/'(- A-Hf&Hwtty) Pit/NT ~ute tf1!:I/1e-T ouT / YfJ/lCIT
Other Interests: I2JANJJIfJ67 (BI t,Nbl, Bo/t'rltv67 / ew~YI#-JGI LtJCItt- b1E'ftClf5~
Board Service (current and past): Board Preference:
N~N e- MUNI(fPfif_ CbDe eNFOIZ.~-nA~T
BOItI<J) L /VICe8)
Additional Comments:
Signed: ~ JlA- J-uiiM-
Date:
/-28-05
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.
JAN-28-2005 10:48
TEE CLEARWATER
7275391294 P.03
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
. 1b Vef2-tF"( ~61H fh3'frR.flJ6] -milT It V/~utn1Jjt}
E31-/SrS) P~VIDc. ~tJS /1JVOLvefJ fJ 1{IYIG~e- RJI-
(0 VVlP LI ft PC E I/VlP05.C n fJ If- J ffJR... J.)tJ!J{a/Jllf tf /fIJCe- d F
)
(111 (tl/)-c-5 JM{.LU/)/JJ6J t7/6iN.r) "f1(2.e-, i?AAIL/)/N67/ $- ?tJ/J//J67.
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
Yr::: s - H1lv~ ~ r?t3V V}t1l, V vU C.OfVll1AJ S S 10 tV 21l. <s
Mtf:&7lN6T.5 ~N C-VrGvV
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
f3~(AJGI It P(l.Ofl3S~/()NII7- &J&tINE:E:1<.. !I11S eil()Se/J M~ 7lJ
Rt3:iu Lft7l0/VS $ C~'j)'ES Ref}u tl2f::1) HJ2. THe- DGSI61,V
()F IPfeAST((l.I.ClUR.c. iH1fT mUST i3"E Mer 7?) etJSdf2-6
TltG SfrPer'f of '1tte {~flAMU/Jlry.
4. Why do you want to serve on this Board?
77J /?~COYYl!f MJ){2.&- /1J'/r)/)/eD VV,1H .IHe C)T'{.!.S ~
GtOVeJZtJtlIleftJTfrL- ~CES 51 Wi!1 Ll3 ltv()R./L1 NG, $,
C6f1JN&CTJtJ& VVITH Fe:1-LiJw fee:1Ls OF ~
[gwvnUfJ (r'7.
,
Name:j('c-1.-L i S ~ m rJ
Board Name: Me. EB
TOTAL P. 03
- <<
.'I-:h[:Il~'ltl..~.
.'fii':'K~II'&_Ir!~" ..
~.~__LJJ. .....mllIlI.'..,..'lfUINlUL
'0- 3-03;'4:30 ;CITY C~ERK DEPT.
;727 562 4086
# 2/ 5
RECEIVED
OCT 1 7 2003
CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOA5~1AL RECORDS AND
(must be Clearwater resident) lEGISI.ATNE SRVCS DEPT
)c&,l;1 1J&L5 tIC.
Name:
Home Address:
. dVt) tJ"'/IHllfl..JJ AsSA/-C.. 11/3 /) /
(! LEt9hAfA fT/L Ft- ZiD ~ '3 7/.. 7
Telephone: 7;}7- V'/.?- 7~'lr
How long a resideDt of Clearwater? .:l R
Occupation: IfALTlJ It.
Field of Education:
6. S 1/" /11 IJ F ;J~A-6tfnvt
Office Address:
cJ'II-1} Jhilt1p 1.J.l-tt:.i> jJ~ SSA Q-.t.,
CLfAIM/J ~ FL Zip 337' I
Telephone: 7~7 - t/;" -01 ).1
'lEA/[ ~
Employer: C1Il1TUd.lf ~/ /~Lfr6-/ofIS &TZ,(/rl(Jt_j
Other Work Experience: ~
- Lf 'ii,,, ~ss tJWi'/(,L. I,.} I C LW flL- f7 Y4l~
-1.E1/LlVlL /11.-'1/1...
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past):
~JfJ1/L.
Board Preference:
tJjUNU.I#tk- fODl_ c!'AircJUt/7JE"J/
Additional Comments:
Signed .Iii ~
Date:
/0 '-13 - 03
,
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
~i:;;'~I~;';:SsDci.~:::~\:~~~ Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd I
!l
~
~
.::":..-...:....:::<~~.:"-;";~".,.."..~,::":I:.=~.~~...\...~~''t:'l~''',....~-.-:'.~.."'':''=-....~..~...,......-..".''''''''=''........~~.--.-.~__~~~.,..,_......-.........--,.,........_.--....-..-___......_......-.......'-'~..._.~.,.._....__..__..._."... ~'._.
.r
1'l"':.IIlt~~lld'.~
'~r4~I~Jl~m~~ '
, . - ~.-. ~_.'_'.I:lrlt.I~. "R._
~-~... --------------
10- 3-03;14:30 ;CITY CL.ERK DEPT.
;727 562 4086
# 3" 5
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
70. 1f[~JFW UUt) -d" tCJCtJJ7A1fr ('1)>0 ,ccJlZ-- OCc.~/l#-Tl(/I!/,1-L LlC.f/f/jf~.J
Ftft ;5U1L('},Pt.->) ~ /If S/f-IVAC-C- .J- 2oP1Alir- -J- ))En~"l.ntlE......
} . ,
11/f:.Lti- )-11i-IUirlON 'TO plE.d/tf.. JU/C/I,/tr V/JA-/#A/t::.f....-S lJtJ~
~I(}r;.
~(JK.UAJ&- ~ F';'PJT7/lJ~ ~L ~A.... Ll(JIAJ{.~c. 11"- ~ t.. tI
#€w iSUJ/Alf.~5 ()L k~.
2. J:~ave you ev~r 9bse~ved a board meeting either in person or on C-View, the.
City's TV station?
()tJ c - Vlte.J
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? l,..k1"j)UlttJ.)
;l) .If Fo~CL fUJ tlfl c.- S> IJ WAle..,( .t I t-!ttvt.- FilL ~~Tl- 'f ~ ~;/-Lr W 1/71
"
<!. I r1I f!tlDL if.S17U"(11'IIIJ 01-. cAI Fud..n_HlfA/'T" .,J ~l){"L.r J)?A/i) ilJf...j.1l.... Idt/#Cr;
b~ 71ft:- &ur.lllltSs ('tlYJIllluAhTf' A- .4 /~t]7J,-L I sa. CrJOE.. "ey.ne{C./lIMa1
, )
.J ~A FrJiL'iA'i...N75 1m 14c7/P c- '/O/.JfA/"ls #S J,JUL) >""j H:4AJ(.n/(,- Jilt-IlL
ti1J(jL.1 r1 11 F
'-IFF-
t
j
!
4. Why do you want to serv~ on this Board?
~
~
~"
~
ri
Ilfj (t-f"4--tuJ.4--ru. J CON17,vtt.ts
Cd'bs- 6WPolLcc...~€Ar .eJILt-
'/0 ?LnJ A-r /1-# L/JJ/Jl[(f.A)wll./J /~
)
tfe-Clnu.. Klf{ "1"0 /11/1/.,,) TdhWU6.- ,t?
,
Fo;t,. tlc.s IIJEAJi:1 -I- /:'lC"I,v{,- 71Ie t!.~Tt
~1
if
~~
Name: JJ(&J/ L ;j,&~(/L.
<'
Board Name: AII'II ell' /JL.- ~d[ 2;(/~~~&#r ~
~~
02/07/2005 09:52
727441313413
MCCANN ENGll'EER
PAGE 03
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~~~ElveD
(must be Clea/Water resident) FEB 0 7 2005
Name: William J. McCann. P.E.
Home Address: Office Address:
1563 Turner Street 1627 50. Mvrtle Avenue
Clearwater. FL liD 33756 Clearwater, FL
Telephone: 727-443-7660 Telephone: 727-643-7660
How long a resident of Clea/Water? 12 Years - Since October 1993
Occupation: Professional Enaineer Employer: McCann EnQineerina
Field of Education: Other Work Experience:
B.E. in Civil Enaineering City Planner. Structural Engineer.
Masters in City & Reaional Plannina Civil Enaineer, Plans Examiner
Or:FICIAL RCCeltDS ANu ,
LEGISLATIVE SRVCS DEPT
Zip 33756
If retired, former occupation:
Community Activities:
Other;lnterests:
Board Service (current and past):
DesiQn Review Board
Board Preference:
Municipal Code Enforcement Board
Community DeveloDment Board
Additional Comments:
Signed~~--
Date:
::Z/7/0~
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
5. Osceola Avenue.
02/07/2005 09:52 7274413040
MCCANN ENGII'EER
PAGE 02
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responSibilities?
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2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
YE'S
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
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4. Why do you want to serve on this Board?
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Name: LU,//'~M J. ;t1 ~C,.q,J~ ft.
Board Name: [II1VAJ'G/,lloL .Co06- G,.JFIJIU.J<"MIrIV:r &AI!O
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City Council
A9!!,-~a C~Y~!.,~,,~.~rC!ndum
Trackina Number: 1,161
Actual Date: 02/17/2005
Subiect / Recommendation:
Approve the 2005 Federal Legislative Package
Summary:
Each year, the City of Clearwater submits a list of legislative priorities for consideration for the
new federal budget year. Once the package is approved, the City's legislative liaison will work
with the federal lobbyist to submit our request to our delegation.
The 2005 Federal Legislative Package includes such as issues as: funding requests for Downtown
Redevelopment, a hardened Public Works complex, Wastewater and Reclaimed Water
Infrastructure, COPS Technology; supporting legislation that will diversify Brownfields
Remediation loan into grant funds, provide Fire Act funding for pre-disaster and post-disaster
mitigation and addresses Homeland Security Mandates; oppossing decreased funding for COPS
programs and CDBG, the Clear Law Enforcement for Criminal Alien Removal (CLEAR) act and
pre-emption of municipal funding sources.
Originating: Official Rec and Legislative Svc
Section: Consent Agenda
Category: Other
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
N/A
In Current Year Budaet?
No
Budaet Adjustment:
No
Review Aooroval
Cvndie Goudeau
02-15-2005
13:46:49
Federal Legislative Priorities
109th Congress, 1st Session
Appropriations
Downtown Redevelopment
The City seeks funding assistance to implement projects that revitalize Downtown Clearwater
into a wonderful place for residents and visitors to live, work, and play.
Coachman Park - $7.5 million
Renovate and expand existing waterfront park into City's premier downtown destination.
Enhancements include a children's play area, restrooms, an interactive fountain, a
waterfront promenade, an improved outdoor entertainment venue, and recreation space.
Downtown Parking Garage- $ 7 million
Construction of a new 450-space parking facility will support redevelopment while
maintaining ease of access and parking throughout downtown.
Additional parking solutions are needed to address the special events and concerts held at
Coachman Park.
Downtown Marina - $5 million
Construction of a new municipal marina will enhance residential, recreational, and
commercial activities within downtown.
Residential development in downtown and surrounding areas has created a need for
additional boat slips.
Public Works Complex
Goal to obtain a $3,800,000 appropriation to assist in the construction of a new hardened
Public Works facility that accommodates staff and hardened storage space.
The new Public Works Complex will be hardened to withstand a Category 5 (200 mph)
hurricane.
Facility will dedicate 47,000 sq. ft. for office space and 20,000 sq. ft. for storage space.
Wastewater and Reclaimed Water Infrastructure
Goal to obtain a $4,500,000 earmark in FY 2005 V A-HUD appropriations bill under
State and Tribal for assistance in repairing and upgrading wastewater and reclaimed
water infrastructure.
System upgrade is needed to meet federal and state regulations.
Expansion of reclaimed water system will reduce impacts on the natural aquifer and
assist with disposal oftreated water.
COPS Technology
Goal to obtain $980,000 appropriation to purchase a complete dispatch/reporting system.
Software upgrades will assist officers with interagency communication and data sharing,
This technology will allow officers to create images, floor plans, aerial photos, and
hazardous materials identification when responding to major incidents, such as a
"Columbine," a major hurricane, or terrorist activity.
Issues to Support
Brownfields Remediation
Support legislation that diversifies loans into grants.
Fire Act
Provide funding for pre/post disaster mitigation (i.e., first response training, hardening of
facilities, and equipment).
Maintain funding levels for SAFER legislation that provides additional staffing for fire
and medical emergencies.
Continue funding resources that promote fire prevention activities for community risk
reduction.
Public Works
Monitor Transportation Enhancement Funds.
Ensure Florida receives its fair share of Transportation Funding.
Provide funding for hardening of existing infrastructure to mitigate natural and man-
made disasters.
Increase funding for land and water conservation projects.
Homeland Security Mandates
Support legislation that would provide federal funding for Homeland Security mandates
assigned to local governments.
Authorize funding resources to local governments responsible for providing candidate
protection during presidential campaign visits.
Issues to Oppose
Oppose the Internet Tax Non-Discrimination Act, S. 150 that preempts municipalities of
telephone and utility tax revenues.
Oppose efforts to decrease funding levels for AmeriCorps post in Pinellas County, this post is
located in Clearwater and is the only remaining post in Pinellas, AmeriCorps facilitates
community volunteer needs for many area agencies.
Oppose the CLEAR Act (Clear Law Enforcement for Criminal Alien Removal) - Oppose
mandates that will require local police officers to track immigration violations discovered during
normal law enforcement activities.
Oppose legislation that will eliminate or reduce current funding levels for Community
Development Block Grants and Housing and Urban Development Programs.
II- /2
City Council
_,_~,_,~gend~",_C,over Memorandum
Tracking Number: 1,165
Actual Date: 02/17/2005
Subject / Recommendation:
Authorize the City Attorney's Office to appeal the decision in Williamson v. City of Clearwater
and Charles Esposito, Case No. 99-8583-CI-07.
Summary:
In February, 2000, Tony Williamson filed a civil suit alleging civil rights violations under 91983;
false arrest; and malicious prosecution, arising from an incident involving a minor child. Mr.
Williamson was found not guilty by a jury and sued the City and police department, and Charles
Esposito, a police officer, individually.
On February 10, 2005, a jury returned a verdict against the City of Clearwater and former
Detective Esposito. The net amount of the verdict is $175,000, not including costs. It is believe
that legal grounds exist upon which to base an appeal to the Second District Court of Appeals.
The filing fee will be $300.00. During the appeal interest will accrue on the judgment at the
approximate rate of 10% per annum. There will be other costs associated with the appeal, such
as the cost of the trial transcript, which are not known at this time, but are estimated to be
several thousand dollars.
Originating: City Attorney
Section Consent Agenda
Category: Other
Public Hearing: No
financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year BudQet?
Yes
Budget Adjustment:
No
Current Year Cost:
$5,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
City Council
Agenda ~,!?ver Memoran_~"~.!!!_._..,."_""",,,,,,_,~
Appropriation Code(s)
0-010-09600-530300-514-00
Amount
$5,000.00
Comments
Review Approval
Pam Akin
02-15-2005 13:04:51
Tina Wilson
02-15-2005 13:25: 15
Cyndie Goudeau
02-15-2005 13:26:38
Qearwater
Purchasing Memorandum
City Commission
02/17/2005
Agenda Number: 3421
11. IS.... I L ) b .
\.~~ \\. '4)
1
Agenda Item No:
Type:
Quantity:
Requesting Dept:
Using Dept:
Bid Number or
Code Exception:
Vendorlnfo:
Description:
Comments:
Amount:
$ 350,000.00
11.13
Pw-chase
Gas System
Gas System
City of Clearwater Bid 01-04
M T Deason Company Inc., Birmingham,
Alabama
Pw-chase contract for Gas Materials - 2406 PE Pipe during the contract period March 1, 2005 through
February 28, 2006, from M T Deason Company Inc., Birmingham, Alabama, in an amount not exceed
$350,000.
This is the first of two renewals available under the tenns of the 2004 bid.
The materials will be utilized throughout the gas system.
Appropriation Code(s):
0423-00000-141120-000-000
Comments:
Inventory Code. When released, materials will be charged to:
Pinellas: 0315-96377 ($80,000)
Pasco: 0315-96378 ($270,000)
2 Agenda Item No: 11.14
Type: Pw-chase
Quantity:
Requesting Dept: Public Utilities
Using Dept: Public Utilities
Bid Number or
Code Exception:
Vendorlnfo:
Description:
Comments:
Amount:
$ 440,000.00
City of Clearwater Bid 11-02
Polydyne Inc., Riceboro, Georgia
Liquid polymer - Ratify and Confirm an increase of $54,000 and approve an additional increase of
$56,000, for a total increase of $110,000 ($330,000 to $440,000), to the award to Polydyne Ine" Riceboro,
Georgia, for the purchase of liquid polymer to be utilized during the remaining period of the contract
ending May 19, 2005.
Liquid polymer is utilized at all Waste Water Treatment Plants as a thickener. Requirements have exceeded
the estimates established for the 2002 bid.
Appropriation Code(s):
0421-01351-550400-535-000
Comments:
Increase of$110,000 to the May 16,2002 award.
, Clearwater
Purchasing Memorandum
City Commission
02/17/2005
Agenda Number: 3421
3 A~nda Item No: 11.15
Type: Reimbursement
Quantity:
Requesting Dept: Parks and Recreation
Using Dept: Parks and Recreation
Bid Number or
Code Exception:
VendorInfo:
Description:
Comments:
Amount:
$ 300,000.00
Sec. 2.564 (l)( e) - Impossible to bid
InfInity Broadcasting, Saint Petersburg, Florida
Reimburse Infinity Broadcasting, Saint Petersburg, Florida, fees collected for special events and concerts
during the period: April 1 , 2005 through March 31, 2006, at a cost not to exceed $300,000.
The City collects all money received for ticket sales from any source, then pays all City expenses from the
receipts. Remaining fWlds are paid to the concert sponsor, InfInity Broadcasting.
Appropriation Code(s):
0181-99838-550400-574-000
Comments:
Foods reimbursement only - No cost to the City
4
Agenda Item No:
Type:
Quantity:
Requesting Dept:
Using Dept:
11.16
Reimbursement
Parks and Recreation
Parks and Recreation
Bid Number or
Code Exception: Sec. 2.564 (l)(e) - Impossible to bid
VendorInfo:
Description:
Comments:
Amount:
$ 300,000.00
Cox Radio Tampa Bay, Saint Petersburg, Florida
Reimburse Cox Radio Tampa Bay, Saint Petersburg, Florida, fees collected for special events and concerts
during the period: April 1, 2005 through March 31,2006, at a cost not to exceed $300,000.
The City collects all money received for ticket sales from any source, then pays all City related expenses
from the receipts. Remaining funds are paid to the concert or event sponsor, Cox Radio Tampa Bay.
Appropriation Code(s):
0181-99838-550400-574-000
Comments:
Funds reimbursement only - No cost to the City
ED I Nsg - J
City Council
~~,~""".,,~~~,!:!da ,~~~,~,,~,~.~,!11o!a I'!"~,!::!,~,,
12. 1
Tracking Number: 1,113
Actual Date: 02/17/2005
Subject / Recommendation:
Adopt Resolution 05-06, which endorses the application for Project 010605 and commits the City
of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida,
Authorize the appropriate officials to execute same and authorize funding in the amount of
$13,500 for the City's commitment to this project.
Summary:
The Florida Legislature created Florida Statutes Section 288.106 to encourage the growth of
Florida's high-wage, value-added employment. This program is commonly known as the
Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to
accept, review and approve applications for tax refunds to qualified target industry businesses.
Pursuant to Florida Statutes Section 288.075 and 288.1066, the applicant for Project 010605
requests to remain anonymous.
The tax refund is paid to the applicant each state fiscal year (July 1- June 30) for five (5) years.
The applicant receives a refund of $3,000 for each new job created, plus an additional $1,000
per job if the average annual wages exceeds the area's average by 150%. If that average is
exceeded by 200%, an additional $2,000 is awarded. If the company is located in a Brownfields
area, an additional $2,500 is awarded, and $3,000 if the business locates in an Enterprise Zone.
Project 010605 wishes to expand its Clearwater operations to create 45 new jobs over the next
two years, and the applicant qualifies for the $3,000 per employee refund per job. The total
award to the company is $135,000 in refunds over 5 years. 80% of this award is covered by the
state, 10% is from the City of Clearwater and 10% from Pinellas County.
Under the full scenario, the city's commitment for the $13,500 will be $1,575 (2006) in year 1,
$3,375 (2007) in year 2, $3,375 (2008) in year 3, $3,375 (2009) in year 4 and $1,800 (2010)
in year 5.
QTI Incentive funds in the amount of $72,969.84 have accumulated in project 181-99963,
Economic Development Incentive Program along with other CRA Funding for economic
development. A first quarter budget amendment will transfer the QTI funding of $72,969.84 to
establish a new project 181-99846, QTI Incentive Program, to enable us
to monitor these funds separately. The $13,500 for the City's commitment for resolution No.
05-06 will be funded from this new project, 181-99846, QTI Incentive Program.
Originating: Economic Development and Housing
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Geraldine Camoos
Tina Wilson
Bill Horne
Geraldine Camoos
Cvndie Goudeau
Pam Akin
Garry Brumback
City Council
~"""N...~~g.~.l2Ida ..,~~ver.~~.~..~,.~~d u ~...
01-19-2005 10:57:03
01-21-2005 11 :59: 14
02-03-2005 10:54:45
01-19-2005 10:57:50
02-03-2005 11:20:38
01-19-2005 14:11:36
02-03-2005 09:57:59
RESOLUTION NO. 05-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, FINDING THAT PROJECT 010605 BE
APPROVED AS A QUALIFIED APPLICANT PURSUANT TO
SECTION 288.106, FLORIDA STATUTES; AND
IDENTIFYING SOURCES OF CITY OF CLEARWATER
FINANCIAL SUPPORT OF PROJECT 010605 AND EQUAL
PINELLAS COUNTY SUPPORT AS LOCAL
PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY
TAX REFUND PROGRAM FOR FISCAL YEARS 2005-06,
2006-2007, 2007-08, 2008-09 and 2009-2010; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has enacted Chapter 94-136,
Laws of Florida, creating Section 288.106, Florida Statutes, to encourage the growth of
Florida's high-wage, value-added employment; and
WHEREAS, Section 288.106, Florida Statutes, authorizes the Florida Department
of Commerce to accept, review and approve applications for tax refunds to qualified
target industry businesses; and
WHEREAS, Section 288.106, Florida Statutes, requires 20% local financial
participation as tax refunds become due; and
WHEREAS, PROJECT 010605 wishes to expand its Clearwater office to hire forty-
five (45) additional employees over the next two years, qualifying as high-value-added
jobs; and
WHEREAS, PROJECT 010605 will be located in the City of Clearwater and will
provide high-value-added employment to citizens of the City of Clearwater; and
WHEREAS, the City of Clearwater finds that providing tax refunds and other tax
incentives to PROJECT 010605 is vital to the public purpose of employing City of
Clearwater citizens and ensuring the City's economic vitality; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby recommends PROJECT 010605 be
approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida
Statutes. This recommendation is based upon the creation of the specified jobs and is
contingent upon the City's review of PROJECT 010605 final application to be a Qualified
Target Industry Business and confirmation of the information therein.
Resolution No. 05-06
Section 2. The necessary commitment of local financial support for the
Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program
has been identified in the amount of $27,000, consisting of 50% of the local contribution
coming from Pinellas County and 50% coming from the City of Clearwater subject to
annual appropriations, which will be paid to the Florida Economic Development Trust
Fund as tax refunds become due with the stipulation that these funds are intended to
represent the local financial support required by Section 288.106, Florida Statutes and
are conditional upon the applicant meeting all statutory requirements of the program.
Nothing herein will prevent other jurisdictions or the private sector from increasing their
contributions. However, in no event will the total contribution of the City of Clearwater for
PROJECT 010605 exceed $13,500.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank Hibbard, Mayor
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 05-06
12.2.
City Council
.",,,.@~g.~.~da,"~.~ver. ~emorandum
..
o
..
Tracking Number: 1,098
Actual Date: 02/17/2005
Subject / Recommendation:
Award a contract to Alan Jay Automotive Network for the purchase of one 2005 Chevrolet 3500
i-ton Utility Truck, at a cost of $23,537 in accordance with section 2.564(1)(d)-Florida Sheriff's
Association & Florida Association of Counties Contract #04-12-0823 and authorize lease
purchase under the City's Master Lease Purchase agreement.
Summary:
This truck replaces an in-kind truck that was damaged beyond reasonable repair in an accident
with another City vehicle last year. The damaged vehicle was not on the 04/05 replacement
list.
Risk Management issued a check for $5,325.00 that was based on current market value of the
destroyed vehicle (1995 Ford 1 ton Utility Truck). The outfitting cost ($4,000) that consists of
overhead racks, storage bins, vise, hitch and tow package, tool storage areas, various other
equipment will be deducted from this check. The remainder of the check proceeds will be used
to offset the 1st quarterly Lease/Purchase payment.
The vehicle is assigned to Parks & Recreation.
Originating: Solid Waste/General Services
Section Other items on City Manager Reports
Category: Basic Purchasing item for another department
User Department: Parks and Recreation
financial Information:
~ Purchase
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
Florida Sheriff's Association & Florida Association of Counties Contract #04-12-0823
In Current Year Budget?
No
Budget Adjustment:
No
Current Year Cost:
$0.00
City Council
Ag~,.!:!,da C~~.~.!._~~.!!!~,~!!nd urn ~."@.__.,,,..
Annual Operating Cost:
$5,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$5,000.00
Appropriation Code(s)
0316-94234-564100-519-000
Amount
$23,537.00
Comments
Lease Purchase Agreement
Review Approval
Tina Wilson
Georqe McKibben
01-13-2005 08:23:07
02-15-2005 11:33:19
01-12-2005 16:23:41
02-15-2005 11 :37:20
01-12-2005 16:32: 11
02-14-2005 16:56:25
Bill Horne
Kevin Dunbar
Cvndie Goudeau
Garry Brumback
/2,$
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o
..
-
City Council
.......~g,!!nda~.!Jver. Memorand ~!!1~~u....~
Tracking Number: 1,148
Actual Date: 02/17/2005
Subject / Recommendation:
Approve an Interlocal Agreement for Planning Services with the Pinellas Planning Council March
1, 2005 - September 30, 2007 and authorize the appropriate officials to execute same.
Summary:
Due to the heavy workload of the Planning Department and the immediate need for assistance,
the Department is requesting the City Council enter into an Interlocal Agreement for Planning
Services with the Pinellas Planning Council (PPC). The agreement would be in effect from March
1, 2005 - September 30, 2007 with the ability to extend it for one additional three-year period
through September 30, 2010. The agreement would allow the PPC staff to provide ongoing
planning assistance and/or prepare special planning projects as needed. Ongoing planning
services would be billed on a time and material basis and any special planning projects would be
in an amount agreed upon in advance with the City and Council staff. Rates for the PPC staff are
significantly less than that of private consultants and the PPC has familiarity with current
planning issues in Pinellas County as well as broad skills and experience in planning studies.
There is no anticipated impact on the current year operating budget. As the Planning
Department staffing stabilizes, it is anticipated that the need for assistance from the PPC would
be reduced, or eliminated.
Originating: Planning
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Review Approval
Gina Clavton 02-04-2005 16:20:37
Leslie Douaall-Sides 02-09-2005 14:53:11
Bill Horne 02-15-2005 11:33:54
Cvndi Taraoani 02-07-2005 09:02:48
Cvndie Goudeau 02-15-2005 11:38:10
Tina Wilson 02-07-2005 09: 15:41
Garry Brumback 02-11-2005 18:55: 16
RE.; '2..s
INTERLOCAL AGREEMENT
FOR
PLANNING SERVICES
WITH THE
CITY OF CLEARWATER
AN AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY THE
PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN
THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE
CHARGE SCHEDULE SET FORTH HEREIN.
THIS INTERLOCAL AGREEMENT FOR PLANNING SERVICES, hereinafter
referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY
PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF
CLEARWATER, hereinafter referred to as the "Local Government".
WHEREAS, the Local Government desires to engage the Council to provide staff planning
services; and
WHEREAS, the Council has the capability to provide professional and technical staff
planning services, and the Local Government desires to engage the Council to provide such staff
planning services; and
WHEREAS, the Council and the Local Government desire to cooperate in this effort to
maximize efficiency and minimize costs;
NOW THEREFORE, in consideration of the covenants made by each party to the other and
of the advantages to be realized by this Agreement, the Council and Local Government agree as
follows:
Section 1. Authoritv.
This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes,
relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88-
464, Laws of Florida, as amended.
Section 2. Term.
The term of this Agreement shall be from March 1,2005, through September 30, 2007; which term
may be renewed by mutual written agreement, signed by both parties, for one additional three year
period through September 30,2010, unless terminated as provided for elsewhere in this Agreement.
Section 3. Scope of Services.
A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached
hereto and hereby made a part of this Agreement.
B. Any assistance provided or project undertaken as provided for in the Scope of Services may,
at the discretion of Council staff and the Local Government, be more specifically detailed as
to methodology, schedule, work product, and cost in a memorandum of understanding
executed consistent with and pursuant to this Agreement.
C. Responsibility for the correctness of information provided to the Council for use In
rendering planning services under this Agreement lies with the Local Government.
Section 4. Chare:es.
A. Payment and charges for services rendered under this Agreement shall be as provided for in
Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of
this Agreement.
B. Ongoing planning services or special projects will be charged as a lump sum or on a time
and material basis as mutually agreed by the Local Government and Council staff in
accordance with the terms of this Agreement.
C. The Local government agrees to make payment to the Council for all properly invoiced
requisitions as set forth in Exhibit B, within forty-five (45) days of submission.
D. The fee schedule may be revised by mutual written consent, signed by both parties, and
included as an addendum to this Agreement.
Section 5. Use of Product.
A, The Local Government shall have the exclusive control of the public distribution of all
information produced by the Council prior to its adoption. The Council shall not distribute
information prior to its adoption by the Local Government without prior approval. However,
nothing contained herein shall prohibit the Council from complying with a valid and
properly submitted public records request.
B. Once adopted by the Local Government, the Council and the Local Government have the
right to distribute information upon request from the public.
C. The Council has the right to use any information produced under this Agreement for similar
purposes upon removing all reference to the Local Government.
Section 6. Accountine: and Records.
A. The Council shall establish an accounting process to identify the costs and revenues
associated with the Agreement. All accounting documentation shall be available for
inspection, upon request, by the Local Government at any time during the period of this
Agreement and for a minimum of three (3) years after payment is made.
B. All charged costs shall be supported by the properly executed payroll, time records,
invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the
charges.
Section 7. Notice.
A. Notice by either party to the other pursuant to this Agreement shall be given in writing and
hand delivered or mailed as follows:
Council:
Pinellas County Planning Council
Artn: David p, Healey, Executive Director
600 Cleveland Street, Suite 850
ClealWater, Florida 33755
Local Government: City of ClealWater
Attn: Cynthia E. Goudeau, City Clerk
112 South Osceola Avenue
Clearwater, Florida 33758-4748
Section 8. Construction.
A. This Agreement shall be construed as an expression of inter-agency cooperation enabling
each party to make the most efficient use of its powers in furtherance of the respective and
common objectives. However, this Agreement shall not be construed as delegating or
authorizing the delegation of the constitutional or statutory duties of either party to the other,
Section. 9. Termination.
A. This Agreement may be terminated by either party at any time by giving the other party not
less than thirty (30) days notice of such termination. In the event this termination provision
is exercised by either party, the Local Government shall remain liable to the Council for
charges incurred up to such termination.
Section 10. Filine:: Effective Date.
As required by Section 163,01 (11), Florida Statutes, this Agreement shall be filed with the Clerk of
the Circuit Court of Pinellas County, Florida, after execution by the parties, and shall take effect
upon execution of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective March 1,2005.
PINELLAS PLANNING COUNCIL
Attest:
By: David P. Healey, AICP
Executive Director
By: Councilmember Bill Foster
Chairman
Approved as to form:
By: Jewel White Cole By:
Managing Senior Assistant County Attorney
Mayor Jerry Beverland
Secretary
LOCAL GOVERNMENT
Attest:
By: Cynthia E. Goudeau
City Clerk
By: Frank Hibbard
Mayor
EXlllBIT A
SCOPE OF SERVICES
I. Ongoing Planning Assistance
A. The Council agrees to consider requests by the City of Clearwater for ongoing
planning assistance, and to provide such assistance as Council staff time and
schedule permit.
B. Ongoing planning assistance may include, but is not limited to, reVIew and
interpretation of the comprehensive plan and land development regulations,
comprehensive plan and land development regulation amendments, and assistance
with applications for development approval, as determined to be consistent with the
mission and role of the Council.
II. Special Planning Proiects
A. The Council agrees to consider requests by the City of Clearwater for assistance with
special planning projects, and to provide such assistance as Council staff time and
schedule permit.
B. Special planning projects may include, but are not limited to, comprehensive plan or
land development regulation revisions, neighborhood or special area plans, special
planning studies and such other special projects as may be related to or in furtherance
of the comprehensive planning process, as determined to be consistent with the
mission and role of the Council.
EXHIBIT B
PAYMENT AND RATE CHARGE SCHEDULE
I. Ongoing Planning Assistance
The Council shall requisition by invoice for ongoing planning assistance on a time and
materials basis as follows:
A, Materials - at the cost to the Council
B. Time - based on the following hourly rates:
1.
2.
3.
4.
5.
Planning Administrator
Principal Planner
Program Planner
Planner
Office Specialist
$72.00/hr
$65.00/hr
$45.00/hr
$35,OO/hr
$28,OO/hr
II. Special Planning Proiects
The Council shall requisition by invoice for special planning projects in the amount and
according to a schedule agreed upon in advance between the City of Clearwater and the
Council stafffor each such special project.
I:\USERS\ WPDOCS\Cities\AGREEMN1\INTERLOC\CleaJWater New to 2oo7.doc
City Council
"".,~~~~g~n~,~,....,!;..o'!.~.~.".~~I!!,~.ra n~,!:!.~~,
~lS ~ .3
/2,Gf
Tracking Number: 1,160
Actual Date: 02/17/2005
Subject / Recommendation:
Adopt Resolution 05-09, supporting the Florida League of Cities' growth management initiatives
during the 2005 State Legislative Session.
Summary:
The Florida Legislature adopted the 1985 Growth Management Act to establish a state
comprehensive plan and growth management system. The Act requires cities and counties to
adopt Local Government Comprehensive Plans that guide future growth and development. A key
component of the Act requires cities to meet infrastructure needs associated with growth and
development. The Governor and Department of Community Affairs have made revision to the
1985 Act a priority for the 2005 Legislative Session.
As our population and development continue to soar, the State of Florida continues to impose
unfunded growth management mandates on local governments. Cities cannot meet
infrastructure needs brought by new growth and development without additional funding or
regulatory relief. Therefore, the Florida League of Cities has asked municipalities to adopt a
resolution supporting the League's iniatives that address municipal concerns.
The Resolution urges the Florida Legislature to support legislation as part of a comprehensive
growth management package that:
. Defines the role of state government - The state comprehensive plan should be replaced
with a plan that includes comprehensive planning and policies, identifies areas of state interest,
and provides State funding and budget allocations.
. Revises the Sustainable Communities Certification Program to encourage local
governments to participate and discourage county governments from assuming municipal
government functions.
. Creates municipal revenue options - Grants municipalities the authority to control their
own infrastructure funding needs by implementing a local government infrastructure surtax and
a real estate transfer fee.
. Repeals the fuel adjustment charge exemption from the municipal public service tax.
Originating: Official Rec and Legislative Svc
Section Other items on City Manager Reports
Category: Other
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
City Council
,,~gen~~," COY~,.!:...",~"emoran~~..!::!..!!!"...,~".,,,,,.
02-11-2005 07:37:21
RESOLUTION NO. 05-09
A RESOLUTION OF THE CITY OF CLEARWATER,
URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING
GROWTH MANAGEMENT ISSUES DURING THE
2005 LEGISLATIVE SESSION.
WHEREAS, Florida's Growth Management Act was created in 1985 in an effort
to create a blueprint for growth in Florida's cities and counties; and
WHEREAS, cities and counties plan for future growth through local
comprehensive plans, but there is no defined state plan that provides an overall growth
management strategy; and
WHEREAS, as Florida's population continues to increase, cities are challenged
to meet the infrastructure needs to account for new growth and development, but there
is no infrastructure revenue source dedicated to municipalities; and
WHEREAS, counties, school districts, or the state of Florida control every
funding source that has been authorized for implementing growth management capital
improvements and complying with concurrency requirements; and
WHEREAS, Governor Jeb Bush and Florida's Senate and House leaders have
made growth management reform a top priority for the 2005 legislative session
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLEARWATER:
Section 1. That the City of Clearwater urges Governor Jeb Bush and members of
the Florida Legislature to support legislation as part of a comprehensive growth
management package that:
. Establishes a process for the county commission and the municipal governing
authorities within a county to jointly levy local government infrastructure surtax
within their jurisdictions to fund infrastructure improvements.
. Authorizes municipalities to levy a real estate transfer fee for infrastructure
improvements.
. Repeals the fuel adjustment charge exemption from the municipal public service
tax.
. Revises concurrency requirements or adequately funds needed infrastructure.
. Ties state funding and budget allocations to articulated state growth
management policies. In other words, no more public expenditures that are
inconsistent with articulated growth management policies.
Resolution No. 05-09
. Revises the Sustainable Communities Certification Program to encourage, not
discourage, cities from participating.
. Creates a state comprehensive plan that articulates state planning goals and
policies with measurable benchmarks.
. Grants cities greater flexibility and less state oversight in pursuing growth
management strategies.
Section 2. That a copy of this resolution shall be provided to Governor Jeb Bush,
Senate President Tom Lee, House Speaker Allan Bense and members of the Florida
Legislature.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-09
/2.5
City Council
~@~'@~"~, Ag~n,~,! CC!Y~,!:.,...~,~,!!!,o!:!, nd u m
Tracking Number: 1,163
Actual Date: 02/17/2005
Subject / Recommendation:
Adopt Resolution 05-10, endorsing recommendations from the Pinellas Assembly that are found
to be "Areas of Agreement" and adopt Resolution 05-11 agreeing in concept to recommendations
from the Pinellas Assembly found to be "Areas for further Discussion."
Summary:
On May 16, 2002, the Pinellas Assembly convened to address opportunities and challenges faced
by our community. As a result of the Assembly process, seven task forces were established to
conduct a more thourough analysis of pressing issues. The Pinellas County Board of County
Commissioners (BCC) and Pinellas County Council of Mayors, Inc. (Mayors' Council) have
reviewed the recommendations of the Task Forces and are ready to begin implementation of
many of them.
In order to move forward with the recommedations, the County Commission and Council of
Mayors are requesting the adoption of two resolutions. Resolution 05-10 addresses those areas
on which the BCC and Mayor's Council agree. Resolution 05-11 recognizes those issues on
which the two bodies agree in concept but feel further discussion is warranted. There are
several recommendations on which the parties took no position, particularly those addressing
transportation revenues. Those items are not included in either resoltion; due to the various
options avaiable, more detailed discussion is needed.
Originating: Official Rec and Legislative Svc
Section Other items on City Manager Reports
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Review Approval
Cvndie Goudeau
02-15-2005
09:36:24
RESOLUTION NO. 05-10
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ENDORSING THE RECOMMENDATIONS
FROM THE PINELLAS ASSEMBLY PROCESS THAT
ARE FOUND TO BE "AREAS OF AGREEMENT"
LISTED IN EXHIBIT A; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on May 16-18,2002, the first Pinellas Assembly was held at
Harborview Center, in Clearwater, Florida;
WHEREAS, more than one hundred and thirty (130) participants
representing the various communities in Pinellas County met to discuss, listen,
and address opportunities and challenges faced by the County and the Cities;
and
WHEREAS, it was concluded by the Pinellas Assembly that"... the roles
and responsibilities of the county and cities need to be divided more clearly. The
system of local government is sound, but adjustments are necessary to eliminate
unproductive conflict, increase efficiency, enhance service quality, and correct
inequities in the distribution of costs"; and
WHEREAS, there were seven (7) task forces {Annexation
Policy/Guidelines; City/County MSTU (Municipal Services Taxing Unit) Division
of Costs and Revenues; Fire/Emergency Medical Services Structures and
Finance; Health Care Services; Law Enforcement Structures and Finance;
Recreation Structures and Finance; and Transportation Integration} established
to do a more thorough analysis of relevant issues; and
WHEREAS, from May 2003 through December 2003, the task forces held
more than 70 meetings to discuss the various issues; and
WHEREAS, on January 9, 2004 the Pinellas Assembly Task Forces'
Report Summary, which includes, the seven Task Forces' recommendations,
was presented at a joint meeting of the Pinellas County Board of County
Commissioners and the Pinellas Council of Mayors, Inc.; and
WHEREAS, the Pinellas County Board of County Commissioners and the
Pinellas County Council of Mayors, Inc. individually reviewed and acted upon the
Task Forces' recommendations; and
WHEREAS, Exhibit A is the Pinellas Assembly Task Force's
recommendations that are found to be "Areas of Agreement" between the two
bodies; now, therefore
Resolution 05-10
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby endorses the Pinellas Assembly's
recommendations in the attached list entitled "Areas of Agreeement," Exhibit A.
Section 2. Tnis resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
CITY OF CLEARWATER, FLORIDA
By:
Frank V, Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 05-10
---
Exhibit A
Areas of Agreement
Annexation Policy/Guidelines Task Force
1. Utilize public forums to encourage public input on annexation related
matters. [Overall Principles Annexation - Recommendation CJ
City/County Municipal Services Taxina Unit (MSTU) . Division of Costs
and Revenues Task Force
1. Develop County and Cities staff management teams to review the
following equity issues and provide reports on: a) Water/sewer surcharge
(25%) for unincorporated residents within municipal service areas; b) Fire
district revenue allocation to cities; c) Pinellas County Library Cooperative
revenue allocation to cities; and d) The one-half (1/2) cent sales tax
revenue allocation. [Recommendation BJ
2. Annual review of the MSTU allocation methodology by County staff and
Sheriff s office to city managers. [Recommendation DJ
Fire/Emeraency Medical Services Structures and Financina Task Force
1. Support voluntary regionalization efforts that improve service and cost
efficiency; and the County Fire Authority review of contracts to ensure that
each contracting agency has its own resources necessary to fulfill the
contract requirements and that the change for services is appropriate.
[Recommendation A.IJ
2. Support and encourage the practice of joint purchasing for expendable
supplies and commodities, uniforms and equipment, countywide.
[Recommendation A.2.1J
3. Recommend that the Pinellas County Legislative Delegation prepare
and support legislation to restore the Fire Sprinkler Systems retrofit
provision in the State Building and Fire/Life Safety Codes, and require a
phased-in full compliance by all high rise residential occupancies over 75
feet in height. [Recommendation B,2.1J
4. Request the Pinellas County Legislative Delegation to: a) oppose
legislation which would amend or change the State of Florida Building and
Fire/Life safety Codes; and b) support sending notification of any future
legislative changes to the appropriate Florida state code enforcement
Resolution 05-10
and/or oversight agency for review and consideration. [Recommendation
8.2.2].
5. Support that all jurisdictions and fire officials work toward a total
compatibility of equipment countywide. [Recommendation 8AJ
6. Do not support Recommendation C./: a countywide non-ad valorem
assessment or fee exempting only government and public educational
facilities, as a funding alternative for fire services.
7. Developed a plan that utilizes the personnel, equipment and expertise
of the public safety agencies within the county and establishes the
minimum standards for participation and coordination of the marine and
water rescue operations. [Recommendation C.31J
8. Explore alternative funding sources and mechanisms to support the
cost of Specialty Teams (e.g. surcharges, fees, fines, or assessments
could be charged to chemical producers, commercial entities, and other
beneficiaries of the specific rescue service.) [Recommendation C.3.3J
9. Convene a review committee of stakeholders (Fire Chiefs Association,
AMR, EMS Authority staff, Office of the Medical Director) to discuss the
EMS Transport System concerning possible improvements of service, that
allows: a) all interested parties an opportunity to present their views to this
review committee; and b) the review committee to conduct their
discussions within a calendar year 2004. [Recommendation D.1J
Human Services Task Force
1. Create better-defined coalitions and new partnerships through
education. Identify stakeholders and create educational opportunities for
collaborative growth, learning and education. [Recommendation A.1J
2. Develop incentives to reward innovative coalition/partnerships.
[Recommendation A.2J
3. Utilize the Partnership for a Healthier Pinellas to develop
communication opportunities to educate other partners in the collaborative
as well as the public, local government agencies, health care providers
and other populations affected by service availability. [Recommendation
B.1J
4. Develop marketing strategies to promote health related programs and
projects taking place in the Pinellas County community. [Recommendation
8.2J
Resolution 05-10
5. Create a public information outreach program that would participate in
studying trends, measures and other quantitative and qualitative data to
monitor the status of health care in Pinellas County. [Recommendation
B.3J
6. Identify and pursue various sources of private and public sector funding
for health care and well being initiatives. [Recommendation C.1J
7. Identify various options for using acquired funds for health care and well
being initiatives and partnering with other entities where appropriate.
[Recommendation C.2J
8. Create a 501 (c)3 to assist in funding acquisition. [Recommendation C.3J
9. Identify and pursue the change or specific rules/statutes at both
national/state levels that benefit health care and well being initiative by
leveraging/generating funding (such as Health Flex Plan pilot; Medicaid
reform; EMS funding redistribution; advocacy to maintain levels of state
funding for state administered programs. [Recommendation D.2J
10. Develop a strategic planning process based on five (5) year planning
cycles. [Recommendation E.1J
11. Hire and work with a consultant to develop the first (1 st) five (5) year
strategic plan. [Recommendation E.2J
12. Identify best practices to guide and measure future work.
[Recommendation E3J
Law Enforcement Structures and Financina Task Force
1. Establish mutual aid agreements, already in process, to include traffic
enforcement and crash investigations on streets contiguous to the
jurisdiction of participating agencies. [Recommendation B.1J
2. Request that the Pinellas County Sheriff's Office take over sex offender
and predator management and notification services county wide in order
to facilitate a standard, centralized approach. [Recommendation G.1J
3. Request that the Pinellas County Sheriff's Office establish a prisoner
transport service to move prisoners from agency locations to the county
jail. [Recommendation C.2J
4. Coordinate a countywide law enforcement record depository.
[Recommendation F. 1 J
Resolution 05-10
5. Coordinate mobile data efforts. [Recommendation F.2]
6. Coordinate consolidated electronic traffic tickets. [Recommendation F.3]
7. Centralized record management system for law enforcement.
[Recommendation F.4]
8. Upgrade countywide radio system emergency capabilities.
[Recommendation F.5]
9. Create a countywide pawn records database that is in progress,
[Recommendation F .6]
10. Establish a countywide emergency radio channel that can be
monitored by all agencies so officers can call for assistance without
waiting for relays through dispatch. [Recommendation F.7]
11. Develop a streamlined approach to traffic records that would reduce
the data entry load and make records easily available within the criminal
justice system. [Recommendation F.B]
12. Develop a countywide auto-dialer approach to provide access to auto-
dialer capabilities to all law enforcement agencies with Pinellas County.
[Recommendation F.9]
Recreation Structures and Financina Task Force
1. Toy Town Property recommendations:
a) The County should appoint a task force to address the development
of the sports/recreational multi-use complex at Toy Town. This task
force would review the needs, costs, and options for construction and
management. These multi-use fields could include sports fields (soft
ball, soccer, rugby, Frisbee, golf, etc.), bike trails, extreme sports areas
(e.g. skate boarding, BMX track, etc.), food areas; running and walking
trails; areas designed for team competitions; etc., for the needs of
county residents. [Recommendation B]
b) The County should seek input on the types of sports facilities
needed in such a complex from the recreational directors of all
municipalities. [Recommendation C]
c) In addition to providing increased recreation space and
opportunities for our residents, the proposed complex could provide
substantial economic impact by hosting invitational tournaments and
Resolution 05-10
events. [Recommendation DJ
2. Encourage a joint use agreement between the School Board, the
County and all municipalities, where appropriate, for use of all recreational
facilities. Further, risk management research should be conducted to
resolve the issues concerning the potential liability and responsibility
associated with the use of said facilities. In addition, research should be
conducted to determine how best to apportion operating and maintenance
costs incurred when school property is used during non-school hours.
[Pinel/as County Schools Recommendation AJ
3. Direct County and City staff to survey and inventory therapeutic
recreation needs and gaps in Pinellas County, including: a) the exploration
of the possibilities to partner with non-profits and or hospitals; b) the
establishment of a directory of Services programs (fee and free) and
determine budget estimates for providing therapeutic recreation in north,
mid and south county; and c) have Pinellas County act as a broker and
not the sole provider of these services. [Therapeutic Recreation
Recommendation AJ
4. Do not support Municipal Recreation Card Fee Reimbursement
Recommendation A: Only households that qualify for the School Lunch
Program or other such public assistance would be eligible for a "Municipal
Recreation Card Reimbursement"; those households that qualify be
admitted to their program of choice without the need to pay the up-front
fees to the City, and the City involved request fee reimbursement form
Pinellas County; and qualifying house holds be limited to one "Recreation
Card Reimbursement" per calendar year, per person.
5. Perform a sponsorship study with objectives that include the
identification of market potential; estimated revenue projections; various
levels of sponsorship and naming rights opportunities in comparison to
other governmental contracts, and offer the ramifications and opportunities
for each sponsorship level. This should involve synthesizing successful
programs and identifying good "fits" for the community. [Sponsorships
Recommendation AJ
6. Explore the idea of an open space/recreation component when a parcel
of land is up for redevelopment by the County or the Cities.
[Redevelopment Recommendation AJ
Transportation Intearation Task Force
1. Select a countywide entity to be in charge of the ITS portion traffic
signal system, which would encompass approximately 400 traffic signals
Resolution 05-10
within Pinellas County. Pinellas County is the logical lead agency for that
purpose. The County should be responsible for the provision and
operation of that system, and should be funded for that purpose. [Traffic
Controls Recommendation A]
2. Retain the remaining balance of the local traffic signals and traffic
controls remain under the jurisdiction of the local communities. [Traffic
Controls Recommendation B]
3. Establish a County advisory procedure where local agencies can
provide input to signal system operation. [Traffic Controls
Recommendation C]
4. Continued priority placed on improvements to key roadways in the
County that include US Hwy. 19, Ulmerton Road, and Roosevelt/118th
Avenue connectors and Gandy Boulevard. [Roadway Capacity
Recommendation A]
5. Establish and fund a program for corridor beautification and streetscape
improvements throughout Pinellas County. [Corridor Beautification
Recommendation A]
6. Focus an initiative on transit service that includes: the Trailways
projects, bicycle provisions, pedestrian provisions, and sense of place
provisions for communities. [Livable Communities Recommendation B]
Note: Recommendation identifiers in this Exhibit A are consistent with the
recommendation identifiers in the Pinel/as Assemblv Task Forces' Reoort
Summarv, Presented Januarv 9. 2004.
Resolution 05-10
RESOLUTION NO. 05-11
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
TO AGREE IN CONCEPT TO THE RECOMMENDATIONS FROM
THE PINELLAS ASSEMBLY PROCESS THAT ARE FOUND TO
BE "AREAS FOR FURTHER DISCUSSION" LISTED IN EXHIBIT
A; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 16-18, 2002, the first Pinellas Assembly was held at Harborview
Center, in Clearwater, Florida; and
WHEREAS, more than one hundred and thirty (130) participants representing the
various communities in Pinellas County met to discuss, listen, and address opportunities
and challenges faced by the County and the Cities; and
WHEREAS, it was concluded by the Pinellas Assembly that ",.. the roles and
responsibilities of the county and cities need to be divided more clearly. The system of local
government is sound, but adjustments are necessary to eliminate unproductive conflict,
increase efficiency, enhance service quality, and correct inequities in the distribution of
costs"; and
WHEREAS, there were seven (7) task forces {Annexation Policy/Guidelines;
City/County MSTU (Municipal Services Taxing Unit) Division of Costs and Revenues;
Fire/Emergency Medical Services Structures and Finance; Health Care Services; Law
Enforcement Structures and Finance; Recreation Structures and Finance; and
Transportation Integration} established to do a more thorough analysis of relevant issues;
and
WHEREAS, from May 2003 through December 2003, the task forces held more than
70 meetings to discuss the various issues; and
WHEREAS, on January 9, 2004 the Pinellas Assembly Task Forces' Report
Summary, which includes, the seven Task Forces' recommendations, was presented at a
joint meeting of the Pinellas County Board of County Commissioners and the Pinellas
Council of Mayors. Inc.; and
WHEREAS, the Pinellas County Board of County Commissioners and the Pinellas
County Council of Mayors, Inc. individually reviewed and acted upon the Task Forces'
recommendations; and
WHEREAS, Exhibit A is the Pinellas Assembly Task Force's recommendations that
are found to be "Areas for Further Discussion" between the two bodies, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA,
Section 1, The City Council hereby agrees in concept to the Pinellas Assembly's
recommendations in the attached list titled "Areas for Further Discussion," Exhibit A.
Resolution 05-11
Section 2. This Resolution shall become effective immediately upon adoption.
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 05-11
Exhibit A
Areas for Further Discussion
Fire/Emeraencv Medical Services Structures and Financina Task Force
1. Create a consortium of City and independent fire district risk managers, personnel
directors and purchasing directors to participate in an exploratory study to determine if
savings could be achieved by jointly purchasing wqrkers compensation insurance,
employee healthcare benefits and other programs and benefits where joint negotiations
and procurement would result in cost reductions. [Recommendation A2.2]
2. Obtain a Class 3 rating countywide via all jurisdictions working to achieve this
rating goal. [Recommendation B.1.2]
3. Require a condition of a formal countywide ISO study to be that any fire service
jurisdiction currently with a Class 3 rating or better would incur no reduction in their
current status. [Recommendation B.1.3]
4. Adopt a uniform millage rate or fee for the unincorporated dependent fire districts.
[Recommendation C.2]
Law Enforcement Structures and Financina Task Force
1. Request that the Pinellas County Sheriff s Office provide forensic services
countywide. [Recommendation A1]
2. Request that the Pinellas County Sheriffs Office take over property and evidence
storage and disposal services countywide. [Recommendation A2]
3. Request that the Pinellas County Sheriff s Office take over fingerprint services
countywide. [Recommendation A3]
Transportation Intearation Task Force
1. Consider other revenues, such as toll revenues, to fund other capacity projects not
listed in the gas tax priorities. [Transportation Revenues Recommendation F]
Note:&commendation identifiers in this Exhibit A are consistent with the recommendation
identifiers in the Pinel/as Assemblv Task Forces' Report Summary Presented January 9.
2004.
Resolution 05-11