04/21/2005
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City Council Agenda
Date: 04/21/2005 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 Neighborhood of the Quarter
5.2 Clearwater Women's Open
5.3 Excellence in Youth Sportsmanship Award
5.4 Proclamation - April as Water Conservation Month
6 Approval of Minutes
6.1 City Council - April 7, 2005
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve applicant's request to vacate the 15-foot alley lying along the south property
line of Lot 1, Block 45A, Mandalay Subdivision, (a.k.a. 911 Lantana Avenue), subject to
the retention of a drainage and utility easement, and pass Ordinance 7427-05 on first
reading, (VAC2005-02 Chauvin),
8.2 Approve applicant's request to vacate the east 5 feet of the 10-foot utility easement
lying along the west property line of Lot 32, Cedar Heights, (a.k.a. 2010 Kamensky
Road), and pass Ordinance 7428-05 on first reading, (VAC2005-03 Strauser),
8.3 Approve the applicant's request to vacate the northerly 10 feet of Dempsey Street
more
particularly described in Exhibit "A", (A.KA 721 Lakeview Road), subject to the
retention of a drainage and utility easement over the southerly 3 feet of the right-of-way
portion to be vacated, and pass Ordinance 7378-05 on first reading, (VAC 2004-16 City
of Clearwater),
8.4 Approve the applicant's request to vacate part of Fifth Avenue North, from the northerly
extension of the west property line of Lot 9, Block 49, Chautauqua on the Lake, Unit 1,
Section A, (a.k.a. southwest corner of Fifth Avenue North and Lake Shore Lane), to the
west right-of-way line of Lake Shore Drive, and pass Ordinance 7429-05 on first
reading, (VAC2005-04 Krauser),
8.5 Approve a text amendment to the Future Land Use Plan Element of the Clearwater
Comprehensive Plan and Pass Ordinance 7388-05 on first reading.
8.6 Approve text amendments to the Community Development Code and pass Ordinance
7413-05 on first reading.
9 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.
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from County
Residential/Office Limited (R/OL) to City Residential/Office Limited (R/OL) and Zoning
Atlas Amendment from the County P-1A Limited Office District to the City Office (0)
District for 150 McMullen Booth Road (Portion of Metes and Bounds 23/01 in Section
16, Township 29 South, Range 16 East); and Pass Ordinance 7407-05,7408-05 and
7409-05 on first reading.
9.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from County
Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment
from the County R-4, One, Two and Three Family Residential District, to the City
Medium Density Residential (MDR) District for 2060 Evergreen Avenue (Lots 7, 8, 15
and 16 Brooklawn Subdivision, Block I in Section 3, Township 29 South, Range 15
East); and Pass Ordinances 7414-05,7415-05 & 7416-05 on first reading reading.
(ANX2004-080 14A)
9.3 Approve the Petition for Annexation, Future Land Use Plan Amendment from County
Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District, to the City Office
(0) District for 2723 S.R. 580 (Lot 5 Block 1 Acker's Subdivision in Section 28,
Township 28 South, Range 16 East); and Pass Ordinances 7404-05,7405-05 &
7406-05 on first reading.
(ANX2004-11 019 and LUZ2004-11 007)
10 Second Readings - public hearing
10.1 Adopt Ordinance 7381-05 on second reading, relating to the Building and Development
regulations, amending Appendix A Schedule of Fees, Rates, and Charges relating to
Section 47.083, creating a refundable building permit fee of $200.00 for holders of
expired permits.
10.2 Adopt Ordinance 7423-05 on second reading, authorizing additional Gas System
revenue bonds.
10.3 Continue Ordinances 7397-05, 7398-05 and 7399-05 to a date uncertain.
City Manager Reports
11 Consent Agenda
11.1 Approve Agreement with The Salvation Army to administer City of Clearwater Utilities
We Care Fund program providing temporary emergency payment of past due City of
Clearwater utility bills for eligible customers of the City Utilities System and authorize
the approppriate officials to execute same.
11.2 Declare the list of vehicles and equipment surplus to the needs of the City and
authorize disposal through sale to the highest bidder at the Tampa Machinery Auction,
Tampa, Florida.
11.3 Approve a contract with Bryant, Miller & Olive, P.A. for City of Clearwater Bond
Counsel, for a period of five (5) years and authorize the appropriate officials to execute
same.
11.4 Approve contract with Nabors, Giblin, & Nickerson, P.A. for City of Clearwater
Disclosure Counsel, for a period of five (5) years and authorize the appropriate officials
to execute same.
11.5 Award a contract for the purchase of six (6) Cummins generators and six (6) Onan
automatic transfer switches to Cummins Southeastern Power, Inc. for the sum of
$168,446.35, which is the standard established by the City of Clearwater for standby
generators and approve the installation of these generators at a cost not to exceed
$135,300 and establish a capital improvement project in the amount of $303,746.35 to
cover the cost of generators and related installation costs and that the appropriate staff
be authorized to execute same.
11.6 Approve a work order to McKim and Creed, PA, in the amount of $164,600.00 for
engineering design services associated with the City's Water Main Replacement
project, Phases 15, 16, and 17 (05-0003-UT) and authorize the appropriate officials to
execute same.
11.7 Award a contract to Appalachian Material Service, Inc. (APS) , of Terra Ceia, Florida in
the amount of $2,844,400.00 for Biosolids Services (04-0063-UT) (RFP #16-05), and
that the appropriate officials be authorized to execute same.
11.8 Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBSJ) in
the amount of $124,027 for additional design services associated with the Beach Walk
project; approve a new work order to PBSJ in the amount of $150,000 for a National
Environmental Policy Act (NEPA) Compliance Study; and approve a Local Agency
Program (LAP) Agreement with the Florida Department of Transportation in the amount
of $150,000 to conduct the NEPA Compliance Study.
11.9 Approve a contract with St. Petersburg College ("SPC") to purchase property situate in
Section 7, Township 29 South, Range 16 East, commonly known as the Joe DiMaggio
Gym located at 2450 Drew Street, for $1,950,000 plus estimated closing expenses of
$50 for recording fees, for a total acquisition cost not to exceed $1,950,050, and
authorize appropriate City officials to execute same and any additional instruments
required to effect closing.
11.10 Approve Change Order #2 to Rowland, Incorporated of Pinellas Park, Florida for the
"Area "F" Gravity Sewer System Improvements Project" (02-0049-UT) which increases
the contract amount by $202,677 .20 for a new contract total of $658,102.42, approve a
time extension of 100 days, and authorize the appropriate officials to execute same.
11.11 Approve a Local Agency Program (LAP) Agreement between the City of Clearwater
and the Florida Department of Transportation (FDOT) in the amount of $26,094.00 for
modifications to the N. Fort Harrison Avenue/ N. Myrtle Avenue and Fairmont Street/No
Myrtle Avenue intersections and sanitary sewer improvements at Chestnut Street/No
Myrtle Avenue and approve a change order to Westra Construction, Inc. in the amount
of $53,373.24 for a new contract amount of $14,264,895.02 and authorize the
appropriate officials to execute same.
11.12 Appoint Council member Hamilton as Voting Delegate and Councilmember Doran as
Alternate Delegate to the Barrier Islands Governmental Council(BIG-C).
11.13 Appoint Rev. Herb Freitag and Rev. James W. Lancaster, Sr. to the Senior Center
Task Force.
Purchasing
11.14 Office supplies during the contract period July 1, 2005 through December 30, 2006 at a
cost not to exceded $450,000 - Office Depot.
11.15 Gasoline and diesel fuel for motorized equipment during the contract period April 22,
2005 through April 30, 2007 at a cost not to exceed $4,400,000 - McMullen Oil
Company.
12 Other items on City Manager Reports
12.1 Adopt Resolution 05-16 authorizing the refunding of the outstanding Gas System
Revenue Bonds, Series 1997 A and authorize the appropriate officials to execute same.
12.2 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of
Agreement with the Florida Department of Transportation, District Seven, so that
aesthetic improvements can be made to a portion of SR 60 (Courtney Campbell
Causeway) and adopt Resolution 05-12 authorizing execution of said Highway
Landscape Maintenance Memorandum of Agreement.
12.3 Approve a five-year Lease Agreement from February 1, 2005 - January 31, 2010, with
automatic five-year renewable options (5 options), between the City of Clearwater and
Clearwater for Youth, a Florida Non-Profit Corporation for the use of certain portions of
The Long Center to provide financial support to various City Co-sponsored youth
groups and organizations; approve forgiving $12,000 of rent revenues from Clearwater
For Youth and approve First Amendment to the Transfer Agreement dated August 27,
2003 between the City of Clearwater and the Pinellas Community Center and authorize
the appropriate officials to execute same.
12.4 IAFF Union negotiations update.
12.5 Appoint a Councilmember as Vice Mayor
13 City Attorney Reports
13.1 Adopt Resolution 05-22, urging the State Legislature to oppose legislation negatively
impacting Community Redevelopment Agencies.
14 City Manager Verbal Reports
14.1 Termination of Non-Conformity
15 Council Discussion Items
15.1 Roadway Names through Municipalities
15.2 Gas Tax renewal-length and resets on population
15.3 Council Meeting conflicts with FLC Annual and Legislative Conferences
15.4 December and January Council Meeting schedule
16 Other Council Action
17 Adjourn
;if~ll11rwater
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Interoffice Correspondence Sheet
To:
Mayor and Councilmembers
From:
Cyndie Goudeau, City Clerk ,1,~.,
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Pam Akin,
City Attorney
CC:
Date:
April 21 , 2005
RE:
Revisions to Agenda Packet for April 21, 2005
The following changes/additions are provided:
. Revised Agenda, 04-21-05 - Rev 1
. 4.1 Service Award - Item pulled and rescheduled to next month.
. 8.4 V AC2005-04 Krauser - paperwork provided with signatures.
. 10.3 Continue Ordinances 7397-05, 7398-05, & 73999-05 to a date uncertain. -
Item added to Agenda and paperwork provided.
. 12.5 Appoint a Councilmember as Vice Mayor - Item added to Agenda.
. 13.1 Resolution Opposing CRA Legislation - paperwork provided.
. 14.1 Termination of Nonconformity - Item added to Agenda.
. 15 CDI - 4 items added to agenda
15.1 Roadway Names through Municipalities
15.2 Gas Tax renewal-length and resets on population
15.3 Council Meeting conflicts with FLC Annual and Legislative Conferences
15.4 December and January Council Meeting schedule
Memo to Council for 04-21-05 CC Mtg - revisions.doc
CITY OF CLEARWATER
I nterdepartmental Correspondence
TO:
Mayor and Council members
FROM:
Cyndie Goudeau, City Clerk
SUBJECT: Follow up from April 04, 2005 Work Session
COPIES:
William B. Horne, City Manager
DATE:
April 20, 2005
The following information is provided:
Item 6.1 City Council Minutes of April 07, 2005.
Item 8.4 Approve the applicant's request to vacate part of Fifth Ave N, and pass
Ordinance # 7429-05 (V AC2005-04 Krauser) - Item will be sent tomorrow.
Item 11.7 Award a contract to Appalachian Material Service, Inc for Biosolids Services
(04-0063-UT) (RDP # 16-05) - Agreement provided to CM, ACM, & CA.
Item 11.13 Appoint Rev. Herb Freitag and Rev. James W. Lancaster, Sr. to the Senior
Center Task Force - Memo Item and resumes provided.
Item 12.3 Approve a five-year Lease Agreement from 02-01-05 thru 01-31-10 between the
City of Clearwater and Clearwater for Youth - Item was not placed on the
Consent agenda because Council member Hamilton has a conflict and will need
to abstain from voting on this item.
Item 13.1 Resolution opposing CRA Legislation - Item will be sent tomorrow.
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City Council
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Tracking Number: 1,235
Actual Date: 04/21/2005
Subject / Recommendation:
Approve applicant's request to vacate the 15-foot alley lying along the south property line of Lot
1, Block 45A, Mandalay Subdivision, (a.k.a. 911 Lantana Avenue), subject to the retention of a
drainage and utility easement, and pass Ordinance 7427-05 on first reading, (VAC2005-02
Chauvin),
Summary:
The applicant is seeking vacation of the alley in order to expand the yard and provide additional
room for future construction of a swimming pool and utility room.
The subject alley is unimproved.
Verizon and Knololgy Broadband have no objections to the vacation request.
Progress Energy and Brighthouse Cable have no objections provided that a utility easement is
retained.
The City of Clearwater has no utility facilites in the alley at this time.
Public Works Administration has no objections to the vacation request provided that a drainage
and utility easement is retained over the full width of the alley to be vacated.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 2
Public Hearinq: Yes
Advertised Dates: 04/03/2005
04/10/2005
Financial Information:
Review Approval
Glen Bahnick
03-29-2005
11 :09:41
Cvndie Goudeau
04-11-2005
08:09:45
Michael Ouillen
03-29-2005
11:27:49
Garrv Brumback
04-07-2005
16:25:50
Bryan Ruff
03-29-2005
11:50:32
Bill Horne
City Council
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04-09-2005 22:21:34
ORDINANCE NO. 7427-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIFTEEN-FOOT ALLEY LYING
ALONG THE SOUTH PROPERTY LINE OF LOT 1, BLOCK
45A, MANDALAY SUBDIVISION, SUBJECT TO A
DRAINAGE AND UTILITY EASEMENT, WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ann 1. Chauvin, owner of real property adjoining the alley described
herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto;
and
WHEREAS, the City Council finds that said alley is not necessary for municipal
use and it is deemed to be to the best interest of the City and the general public that the
same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Fifteen-foot alley lying along the south property line of Lot 1, Block 45A,
Mandalay Subdivision, as recorded in Plat Book 14, Pages 32-35, Public
Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto, except that the City of Clearwater hereby retains a drainage and
utility easement over the described property for the installation and maintenance of any
and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7427-05
Exhibit A Map: Chauvin
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Trackino Number: 1,237
Actual Date: 04/21/2005
Subject / Recommendation:
Approve applicant's request to vacate the east 5 feet of the 10-foot utility easement lying along
the west property line of Lot 32, Cedar Heights, (a.k.a. 2010 Kamensky Road), and pass
Ordinance 7428-05 on first reading, (VAC2005-03 Strauser),
Summary:
The applicant is seeking approval of the vacation in order to construct a swimming pool and pool
deck 5 feet from the rear property line.
On January 27, 2005 the Development Review Committee recommended approval of a flexible
development request to permit a rear swimming pool and pool deck setback of 5 feet, rather
than the 10 feet otherwise required.
A Development Order was issued on March 7, 2005 approving the reduced setback.
Progress Energy, Verizon, Knology Cable and Brighthouse Broadband have no objections to the
vacation request.
The City of Clearwater has no facilities in or near the subject easement.
Public Works Administration has no objections to the vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard CODies attached: 3
Public Hearing: Yes
Advertised Dates: 04/03/2005
04/10/2005
Financial Information:
Review Approval
Glen Bahnick
03-29-2005
11 :26: 33
Cvndie Goudeau
04-11-2005
08:09:05
Michael Ouillen
03-29-2005
11:37:36
Garrv Brumback
04-07-2005
16:28:46
Bryan Ruff
03-29-2005
11:51:55
City Council
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Bill Horne
04-09-2005 22:24: 10
ORDINANCE NO. 7428-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE EAST FIVE FEET OF THE TEN-
FOOT UTILITY EASEMENT LYING ALONG THE WEST
PROPERTY LINE OF LOT 32, CEDAR HEIGHTS
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Thomas Strauser, owner of real property located in the City of
Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORI DA:
Section 1. The following:
Vacate the East 5 feet of the 10-foot utility easement lying along the west
property line of Lot 32, Cedar Heights Subdivision as recorded in Plat Book
81, Page 85 of the Official Records of Pinellas County, Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D. Ruff
Assistant City Attorney
Ordinance No. 7428-05
Exhibit A Map: Strauser
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Ordinance 7428-05 Drawn By: S.K Reviewed By: S.D. Scale: 1" = 100 f1.
DWG. NO VAG 2005-03 Grid # 2538 S-T-R 01-29s-15e Date: 03/25/05
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the West property line of Lot 32 Cedar Heights Sub.
Ordinance 7428-05 Drawn By: S.K Reviewed By: S.D. Scale: 1" = 1340ft
DWG. NO VAC2005-03 Grid # 2538 S-T-R 01-29s-15e Date: 03/25/05
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City Council
Agenda Cover Memorandum
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Tracking Number: 1,241
Actual Date: 04/21/2005
Subject / Recommendation:
Approve the applicant's request to vacate the northerly 10 feet of Dempsey Street more
particularly described in Exhibit "A", (A.K.A. 721 Lakeview Road), subject to the retention of a
drainage and utility easement over the southerly 3 feet of the right-of-way portion to be
vacated, and pass Ordinance 7378-05 on first reading, (VAC 2004-16 City of Clearwater),
Summary:
*This request for vacation is being made on behalf of the adjoining property owner
operating a business known as the "Candy Factory".
*The property owner's building encroaches approximately 7 feet into the Dempsey Street
right-of-way.
* Vacation of the 10 feet will resolve the building encroachment issue and also allow the
property owner to install security measures to deter trespassing on his property.
*Progress Energy, Verizon and Knology have reviewed the request and have no objections
provided that either a utility easement is provided to protect their facilities or that
the property owner shall pay all reasonable costs associated with the relocation of
their facilities.
*Progress Energy has a utility pole and overhead lines in the south 3 feet of the right-of-way
portion proposed to be vacated; accordingly, the south 3 feet should be retained as a drainage
and utility easement.
*The City presently has no utilities in the subject right-of-way portion.
*Public Works Administration has no objections to the vacation request provided that a
drainage and utility easement is retained over the southerly 3 feet of the right-of-way to be
vacated.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates:_ 04/03/2005
04/10/2005
Financial Information:
Review Approval
Glen Bahnick
03-30-2005
09:41:26
E-t0G.l- ~~
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Cvndie Goudeau
Michael Quillen
Garrv Brumback
Bryan Ruff
Bill Horne
City Council
Agenda Cover Memorandum
04-11-2005 07:59:47
03-30-2005 11:34:07
04-07-2005 17:02:27
03-30-2005 14:15:05
04-09-2005 22:29:36
ORDINANCE NO. 7378-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTH 10 FEET OF A
PORTION OF DEMPSEY STREET FROM THE
SOUTHEASTERLY CORNER OF LOT 17, BLOCK 2, LAKE
BELLEVIEW ADDITION, TO THE WEST RIGHT-OF-WAY
LINE OF POMELO AVENUE, SUBJECT TO A DRAINAGE
AND UTILITY EASEMENT WHICH IS RETAINED OVER
THE SOUTHERLY 3 FEET THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City of Clearwater, 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:
Commence at the southeasterly corner of Lot 17, Block 2, Lake Belleview Addition,
as recorded in Plat Book 9, Page 141, Public Records of Pinellas County, Florida,
also being the Point of Beginning, thence S 12050'04"E a distance of 1 0.11 feet;
thence S68053'20"W a distance of 286.26 feet; thence N20047'25''W, to the
southerly boundary line of Block 2, Lake Belleview Addition a. distance of 10.00
feet; thence N68052'20"E along said southerly boundary line of Block 2, a distance
of 290.46 feet to the Point of Beginning
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the southerly 3 feet of the described property
for the installation and maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No. 7378-05
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7378-05
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EASY [
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City of-Clearwater, Florida
Public Works Administration/En, ineering
ate City of Clearwater Vacation Request
09/20/04 REHM VAC 2004-16
awn Y Vacate part of
S.K. Dempsey Street r.o,w.
ec e y
S.D.
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305B
eel
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2\-29S-15E
r mance
7378-05
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City of Clearwater, Florida
Public Works Administration/Engineering
Date City of Clearwater Vacation Request DWG. NO.
09/20/04 REHM VAC 2004-16
~~~ ~~
Vacate part of 20f2
Dempsey Street r.o.w, Sec-Twn-Rng
21-29s-15e
Ordinance
7378-05
Grid #
3058
~.y
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o
ater
City Council
Ag~nda Cover Memorandum
Trackinq Number: 1,240
Actual Date: 04/21/2005
Subject / Recommendation:
Approve the applicant's request to vacate part of Fifth Avenue North, from the northerly
extension of the west property line of Lot 9, Block 49, Chautauqua on the Lake, Unit 1, Section
A, (a.k.a. southwest corner of Fifth Avenue North and Lake Shore Lane), to the west
right-of-way line of Lake Shore Drive, and pass Ordinance 7429-05 on first reading,
(VAC2005-04 Krauser),
Summary:
The applicant is seeking to vacate the described portion of Fifth Avenue North as well as portions
of Lake Shore Drive, Second Avenue North, Third Avenue North and Fourth Avenue North that
are presently located in unincorporated Pinellas County.
Applicant intends to add the vacated right-of-way portions to adjacent property in order to
develop the property with detached single family homes on larger lots than those presently
platted. The property owner has not made a final determination regarding the replatting. At a
minimum, street rights-of-way and easements needed to provide vehicular and utility access to
the development will need to be dedicated. The property owner is aware that annexation is a
prerequisite to obtaining city santary sewer service.
Progress Energy, Verizon, Knology Cable and Brighthouse Broadband have no objections to the
vacation request.
The City of Clearwater has no facilites in the subject right-of-way portion.
Public Works Administration has no objections to the vacation request.
OrlginatiQg~ Engineering
Section Administrative public hearings
Cateoorv: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 04/03/2005
04/03/2005
Financial Information:
Revi!:!w ARRToval
Glen Bahnick
04-15-2005
10:10:33
Cvndie Goudeau
04-21-2005
11:47:57
Michael Guillen
04-15-2005
10:26:44
Garrv Brumback
04-20-2005
15:29:52
Bryan Ruff
Bill Horne
City Council
...............A9E!nda Cover Memorandum
03-29-2005 11:51:17
04-21-2005 11 :45:07
ORDINANCE NO. 7429-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, A PORTION OF THE THIRTY-FOOT
RIGHT-OF-WAY OF FIFTH AVENUE NORTH, BOUNDED
ON THE WEST BY THE NORTHERLY EXTENSION OF THE
WEST PROPERTY LINE OF LOT 9, BLOCK 49,
CHAUTAUQUA ON THE LAKE, UNIT 1, SECTION A, AND
BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY
LINE OF LAKE SHORE DRIVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Peter and Eileen Krauser 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 3D-foot right-of-way of Fifth Avenue North, bounded
on the west by the northerly extension of the west property line of Lot 9,
Block 49, Chautauqua on the Lake, Unit 1, Section A, as recorded in Plat
Book 9, Page 52 and bounded on the east by the west right-of-way line of
Lake Shore Drive
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest.
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.
Ordinance No. 7429-05
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7429-05
150 75
II I
SCALE: 1"=150'
3:
c
SKETCH
KHCH& DESCRIPTION
seC..32 . TWP. 28 S.; RGE.16 E.
PROJECT NUMBER : 02~2850
EXHIBIT ~'A" .
ORDINANCI; 7429"-05 V AC 2005..04
GRID # 233A
13
32/28/16/00000/2W/0110
"'-NORTH UNE, S.E. 1/4
N.W. 1/4 SECTlON
32-28-16
FIFTH AVENUE NORTH
o
,
14
J ~ 5
'i' FOURTH
""- AVENUE NORTH
a::
b
~ 9 32/28/16/00000/2W/0120
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g: ,.....1"1
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G: THIRD 0
AVENUE NORTH ;0
L60 ~
9
4 13 12 11 32/28/16/0??oo /2J.O /01 J.O
10
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32/28/16/0??oo /2J.O/0150
:3
5
I
SECOND
AVENUE NORTH
lso,8R/W
32/28/16/0??oo/240/0150 DENOTES PARCEL NU~BER
NOT A SURVEY
DATE UNIT No. 1 - SEC. A
07\26\05 CHAUTAUQUA "ON THE LAKE'
RIGHT-OF-WAY VACATIONING
SKETCH AND DESCRIPTION
SHEET 1 Of 2
POLARIS ASSOCIA TES INC.
PROFESSIONAL SURVEYING L8 #6113
2915 SR. 590 SUI TE 17
GLEARWA TER, FLORIDA ..33759
727 669-0522
~
c
EXHIBJT "A"
ORDINANCE 7429-05 VAC 2005-04
GRID # 233A
SEC. 32.TWP.28 S., RCE.16 E;
PROJECT NUM8ER: 02-2850
FIFTH AVENUE NORTH
A30 FOOT RIGHT-OF-WAY; BOUNDED ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF
l.OT9., BLOCK 49; BOUNDED ON THE EAST BY THE WEST RIGHT-OF WAY LINE OF LAKE SHORE DRIVE. L YlNG
ADJACENT AND TO THE NORTH OF LOTS 7, 8 AND 9. BLOCK 49.
NOTES AND CERTIFICATION
1. Re....use of this sketch. for purpos~s other than which it was intended. without written verification. Will
b(!ot the re-users sole risk and without liability to the surveyor. Nothing herein shall be construed to
give any rights or benefits to onyon." otMerthan those certified to.
2. This sketch is not intended to show the location or existence of any jurisdictional. hazardous or
environmentally sensitive areas.
3. This sketch and legal description was prepared without the benefit of an abstract of title and may
be subject to eosements. restrictiol'ls, rights-at-way and other matters of record.
I hereby certify that this sketch and legal description represented hereon meets theMlrii~um. Technical
Standards set forth by the Florida Board at Professional Surveyors and Mappers. in,.Chapter :&:1 G17-6,
Florida Administrative Code. pursuant to Section 472.027 Florida Statutes. " :,: f..... ,
SKETCH
KeTCH&: OESCRIPTlON
DATE
01\26\05
A SUR V E Y
UNIT No. 1 - SEC. A
CHAUTAUQUA "ON THE LAKE'
RIGHT-OF-WAY VACATIONING
SKETCH AND DESCRIPTION
SHEET 2 OF 2
POLARIS ASSOCIA TES INC.
PROFESSIONAL SURVEY/Ny LB #5113
2915 S.R. 590SUfTE 17
CLEARWA TER. FLORIDA 33759
727 669-0522
NOT
Location Map : Krauser
""
c1
o
N
Lg~~ .4t'
u~ s
City of Clearwater
Public Works Administration / En
Vacate the 30' r.o.w. of Fifth Ave. North from the northerly extension of/he West property line
of Lot 9, Blk. 49, Chautauqua Unitt, Section A, to the westerly r. o. w. line of Lake Shore Lane.
DWG. NO
7429-05 Drawn By:
VAG 2005-04 Grid #
S.K
233A
Reviewed By:
S.D.
Scale:
1" = 1340ft
03/28/05
Ordinance
S-T-R
32-28s-16e Date:
'?U')- '--~
8.. S
City Council
Agenda Cover Memorandum
Tracking Number: 1,223
Actual Date: 04/21/2005
Subject / Recommendation:
Approve a text amendment to the Future Land Use Plan Element of the Clearwater
Comprehensive Plan and Pass Ordinance 7388-05 on first reading.
Summary:
In 2004 the Planning Department conducted an in-depth review of a portion of the Old Florida
District on Clearwater Beach. One conclusion of the study was to apply the Resort Facilities
Overlay (RFO) Future Land Use Map category to this area in order to permit residential and
overnight accommodation uses. This category is allowed by the Pinellas Planning Council
Countywide Rules, however, it is not currently allowed by the Clearwater Comprehensive Plan.
One of the three amendments proposed to the Future Land Use Element of the Comprehensive
Plan is to add the RFO as a permitted Future Land Use Map classification. The other two
amendments are editorial in nature. One amendment changes references to the 1995
Clearwater Redevelopment Plan to the newly adopted 2004 Plan. The other deletes two policies
regarding the Mixed-Use zoning district which was repealed in 2000.
The Planning Department has determined that the proposed amendment is consistent with other
provisions of the Clearwater Comprehensive Plan, will further the City's redevelopment goals,
will not adversely impact the use of property in the immediate vicinity, will not adversely affect
the natural environment or property in the immediate area, and sufficient public facilities exist
to implement the proposed amendment. Please refer to the attached report (CPA2004-12001)
for the complete staff analysis.
Because this is a text amendment to the Comprehensive Plan, review and approval by the
Florida Department of Community Affairs is required.
The Community Development Board reviewed this proposed amendment at its public hearing on
March 15, 2005 and unanimously recommended approval.
Originating: Planning
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 03/15/2005
04/21/2005
05/05/2005
Financial Information:
R~view ARproval
Gina Clavton
03-18-2005
16:44: 58
Cvndie Goudeau
04-15-2005
10:11:10
...
o
Cvndi TaraDani
Garrv Brumback
Leslie Douqall-Sides
Bill Horne
City Council
~g~!:,!~~.~_~~~~~~~~~a nd u m
03-21-2005 10:43:53
04-14-2005 16:56:41
03-21-2005 14:02:26
04-15-2005 09:45:44
ORDINANCE NO. 7388-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF
THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON
JULY 12, 2001 AND OCTOBER 7, 2004, BY AMENDING THE
FUTURE LAND USE ELEMENT BY ADDING THE RESORT
FACILITIES OVERLAY (RFO) FUTURE LAND USE AS A LAND
USE MAP CLASSIFICATION; REPLACING REFERENCES TO
THE 1995 CLEARWATER DOWNTOWN REDEVELOPMENT
PLAN WITH THE 2004 CLEARWATER DOWNTOWN
REDEVELOPMENT PLAN; AND BY DELETING POLICIES
REGARDING THE MIXED-USE ZONING DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS the Local Government Comprehensive Planning and Land Development
Regulation Act of Florida empowers and requires the City Council of the City of Clearwater
to plan for the future development and growth of the City, and to adopt and periodically
amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City Council approved Ordinance Number 6794-01, which amended
the Comprehensive Plan of the City on February 15, 2001; and
WHEREAS, the City Council approved Ordinance Number 7295-04, which amended
the Comprehensive Plan of the City on October 7, 2004; and
WHEREAS, the City of Clearwater invested significant time and resources in
studying Clearwater Beach; and
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall and redevelopment to the Beach is required for its
future sustainability; and
WHEREAS, the City of Clearwater has a need to recognize areas in and adjacent to
tourist areas of the City where mixed residential and transient accommodation uses are
appropriate; and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
Ordinance No. 7388-05
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 3 to the Clearwater Comprehensive Plan attached
hereto as Exhibit "A" are hereby adopted.
Section 2. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.187 or
163.3189, F.S., as amended.
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
2
Ordinance No. 7388-05
EXHIBIT A
ATTACHMENT TO ORDINANCE 7388-05
AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amendfollowing Policies of Goal 2; Objective 1 and Objective 3 of the Plan on pages
A-5 through A-7 as follows:
*****
Policy 2.1.7 Downtown Clearwater, shall be designated a regional activity center
suitable for increased threshold intensity for development consistent with
the boundaries of the Central Business District as indicated in the
Clearwater Downtown Redevelopment Plan approved in +9% 2004.
Policy 2.1.8 The City shall continue to support and implement approved community
redevelopment area plans, such as the Clearwater Downtown
Redevelopment Plan adopted in +9% 2004.
*****
Policy 2.3.3 The City of Clearwater shall continue to implement the Design
Guidelines, adopted in +9% 2004, for all development withi:H governed by
the Clearwater Downtown Redevelopment Plan Downtown District.
*****
AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amendfollowing Policies of Goal 2; Objective 2 of the Plan on pages A-6 asfollows:
*****
Policy 2.2.2 The Mixed Use Zoning District shall be utilized to promote mixed use and
infill development and shall be consistent 'lIith the Residential/Office
Limited, ResidentiaVOffice General, ResidentiallOfficelRetail, and Resort
Facilities High land use categories.
Policy 2.2.3 Density and intensity of mixed use developments shall be consistent with
the Mixed Use Zoning District criteria found in the City's Community
De';elopment Code.
*****
1 Exhibit A Ordinance No. 7388-05
AMENDMENT 3 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amend the table associated with Policy 3.2.1 of the Plan on pages A-9 through A-II as
follows:
*****
PRIMARY MAX. DENSITY/ CONSISTENT
PLAN USES PER PLAN INTENSITY PER ZONING
CLASSIFICATION PLAN
CATEGORY CATEGORY DISTRICTS
Residential Estate Very Low Density 1 Dwelling
Residential Low Density Residential (LDR)
(RE) Unit Per Acre
Residential Suburban 2.5 Dwelling
(RS) Low-Density Residential Low Density Residential (LDR)
Units Per Acre
Residential Low 5 Dwelling Low Density Residential (LDR);
Low-Density Residential Low Medium Density
(RL) Units Per Acre Residential (LMDR)
Residential Urban Urban Low Density 7.5 Dwelling Low Medium Density
Residential Residential (LMDR); Medium
(RU) Units Per Acre Density Residential (MDR)
10 Dwelling Mobile Home Park (MHP)
Residential Low Low to Moderate Density
Medium (RLM) Residential Units Per Acre Medium Density Residential
(MDR)
Residential Medium Moderate to High 15 Dwelling Medium Density Residential
(RM) Residential (MDR); Medium High Density
Units Per Acre Residential (MHDR)
Residential High 30 Dwelling Medium High Density
High Density Residential Residential (MHDR); High
(RR) Units Per Acre Density Residential (HDR);
2 Exhibit A Ordinance No. 7388-05
PRIMARY MAX. DENSITY/ CONSISTENT
PLAN USES PER PLAN INTENSITY PER ZONING
CLASSIFICATION CATEGORY PLAN DISTRICTS
CATEGORY
30 Dwelling Units
Per Acre; FAR 1.2;
ISR .95; Overnight
Accommodations/
50 UP A; and as set
forth in Beach by Tourism (T);
High Density Residential! Design: A
Resort Facilities High Overnight Preliminary Design High Density Residential
(RFH) Accommodations for Cleanvater (HDR);
Beach and Design
Guidelines, the Commercial (C)
special area plan
governmg
Clearwater Beach
adopted by Ord. No.
6689-01.
Dwelling Units per
acre - based on the
underlying
residential plan
category; Overnight
accommodations - a
ratio of 1.34 to the
permitted number of
dwelling units of
underlying
residential plan Medium Density Residential
Resort Facilities category; ISR - (MDR)
Overlay (RFO) based on underlying
residential plan Medium High Density
(May only be applied Residential/Overnight category; FAR- Residential (MHDR)
over the Residential Accommodations based on underlying
Medium and residential land use High Density Residential (HDR)
Residential High category; or as set
Classifications ) forth in Beach bv
Design: A
Preliminary Design
for Cleanvater
Beach and Design
Guidelines , the
special area plan
governmg
Clearwater Beach
adopted by Ord. No.
6689-01 and as
amended.
3
Exhibit A Ordinance No. 7388-05
MAX. DENSITY/ CONSISTENT
PRIMARY INTENSITY PER
PLAN USES PER PLAN ZONING
CLASSIFICATION PLAN DISTRICTS
CATEGORY CATEGORY
7.5 Dwelling Units Office (0);
Residential/ Office Low Density Residential/ Per Acre; FAR AO; Low Medium Density
Limited (RlOL) Office ISR .75 Residential (LMDR)
Medium Density 15 Dwelling Units Office (0); Medium Density
Residential/ Office Per Acre; FAR .50; Residential (MDR)
General (RlOG) Residential/ Office ISR .75
Residential; Office;
Retail; Public/Semi-Public As set forth in the
Central Business Uses as indicated in approved Downtown (D)
District (CBD) approved Redevelopment Redevelopment Plan
Plan
18 Dwelling Units Office (0);
Residential; Residential
Residential/Office/ Equivalent; Office; Retail; Per Acre; Overnight Commercial (C);
Overnight Accommodations 30
Retail (RlO/R) accommodation; Personal/ Units Per Acre; Medium Density Residential
Business Services F ARAO; ISR .85 (MDR)
10 Dwelling Units Commercial (C);
Commercial Office; Retail; Personal Per Acre; FARAO;
Neighborhood (CN) Service ISR .80 Office (0)
18 Dwelling Units Commercial (C);
Office; Retail; Overnight Per Acre; Overnight
Commercial Limited Accommodations; Accommodations 30
(CL) Personal Service Units Per Acre; FAR Office (0)
A5; ISR .85
Office; Retail; Personal 24 Dwelling Units Commercial (C);
Per Acre; Overnight
Commercial General Service; Overnight Accommodations 40
(CG) Accommodations; Units Per Acre; FAR Office (0)
Wholesale; Warehouse .55; ISR .68
Industrial Limited Light Manufacturing; FAR .65; ISR .85 Industrial, Research, and
Research! Development; Technology (IRT)
(IL) Wholesale; Warehouse
Light and/or Heavy
Industrial General Manufacturing; Industrial, Research, and
Wholesale; Warehouse; FAR .75; ISR .95 Technology (IRT)
(IG) Research! Development;
Vehicular Salvage
Public/Private Open
Recreation/Open Space and/or Recreation FAR .25; ISR .60 Open Space / Recreation (OS/R)
Space (RlOS) Facility; Beach!Water
Access
4
Exhibit A Ordinance No. 7388-05
PRIMARY MAX. DENSITYI CONSISTENT
PLAN INTENSITY PER
CLASSIFICATION USES PER PLAN PLAN ZONING
CATEGORY CATEGORY DISTRICTS
Preservation Natural I Undeveloped
Water features; Beaches FAR .10; ISR .20 Preservation (P)
(P) and Dunes
12.5 Dwelling Units
Per Acre; FAR .65;
Institutional Publici Private Schools; ISR .85; Hospital
Churches; Public Offices; Bonus Provision Institutional (I)
(I) Hospitals FAR 1.0 Subject to
Bonus Provisions
Provided Below
Transportati on/U tili ty Airports; Marina; Utility FAR.70; ISR .90 Institutional (I)
(T /U) Facilities
Water/Drainage Open/Undeveloped
Overlay Consistent With Waterl N/A Preservation (P)
Drainage Features
*****
S:IPlanning Department I COMPREHENSIVE PLANi2005 Comp Plan - RFH Overlay and afew other minor changeslExhibit A.doc
5
Exhibit A Ordinance No. 7388-05
CDB Meeting Date: March 15. 2005
Case #: CPA2004-12001
Agenda Item: D6
CITY OF CLEARWATER
PLANNING DEPARTMENT STAFF REPORT
COMPREHENSIVE PLAN AMENDMENTS
REQUEST:
Clearwater Comprehensive Plan Text Amendments
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
In September 2004, the Planning Department prepared an in-depth review of a portion of
the Old Florida District on Clearwater Beach. One of the conclusions of the study was
that a Future Land Use Map (FLUM) category known as the Resort Facilities Overlay
(RFO) should be applied to the study area to allow residential uses and overnight
accommodations as the primary permitted uses. This classification is allowed pursuant to
the Pinellas Planning Council's Countywide Rules but is not listed as a land use map
classification in the Clearwater Comprehensive Plan.
The Planning Department recommended that the study of the entire Old Florida District
be accomplished prior to assigning the RFO category to the FLUM and the City Council
concurred. The proposed amendment is being processed at this time so the RFO is an
allowable Plan classification that can be applied to the FLUM when the Old Florida
District study is finalized.
ANALYSIS:
A total of three amendments are proposed to the text of the Clearwater Comprehensive
Plan in Ordinance No. 7388-05. One amendment is editorial in nature, one deletes
policies related to a zoning district that no longer exists and one adds the Resort Facilities
Overlay as a FLUM classification. This text amendment is considered a large scale plan
amendment and requires review and approval by the Florida Department of Community
Affairs.
Please find a summary of each amendment below.
Staff Report - Community Development Board - March 15, 2005 - Comprehensive Plan Amendments Page - 1
1. Amendment 1 - Revise Policies 2.1.7, 2.1.8 and 2.3.3 of the Future Land Use
Element section (Page 1 of Exhibit A of proposed ordinance and pages A-5 through
A-70fthePlan).
Proposed Amendment 1 changes references to the 1995 Clearwater Downtown
Redevelopment Plan to the newly adopted 2004 Plan. It also clarities that design
guidelines shall be implemented for the entire area governed by the new Downtown
Plan instead of area just within the Downtown zoning district. This change is
necessary because there are areas outside of the Downtown District that are regulated
by the Plan and all such areas are required to comply with the newly adopted design
guidelines.
2. Amendment 2 - Revise Policies 2.2.2 and 2.2.3 of the Future Land Use Element
section (Page 1 of Exhibit A of proposed ordinance and page A-6 of the Plan).
This proposed amendment deletes references to the Mixed-Use zoning district, which
was established in the 1999 Community Development Code. On June 15, 2000
Ordinance No. 6526-00 repealed this District.
3. Amendment 3 - Amend the Plan Classification table of the Future Land Use Element
section (Pages 2 through 5 of Exhibit A of proposed ordinance and page A-9 through
A-II of the Plan).
This proposed amendment adds the Resort Facilities Overlay (RFO) as a permitted
FLUM classification that can be applied over the Residential Medium (RM) and
Residential High (RR) Plan classifications. The purpose of the RFO is to allow
residential and overnight accommodation uses in and adjacent to tourist areas.
Allowable density for residential development will be based on the density of the
underlying residential plan category (15 or 30 units per acre) and density for
overnight accommodations will be a ratio of 1.34 overnight accommodation units to
the permitted number of allowable residential uses (20 and 30 units per acre). The
amendment would also density and intensity to be regulated by the provisions of
Beach by Design.
STANDARDS FOR REVIEW
Pursuant to Community Development Code Section 4-603(F) no amendment to the
Comprehensive Plan shall be approved unless it complies with the following standards:
1. The amendment will further implementation of the comprehensive plan consistent
with the goals, policies and obiectives contained in the plan.
The proposed amendments to the Clearwater Comprehensive Plan are consistent with
the city's long range planning policies related to the redevelopment of Downtown and
Clearwater Beach. The proposed amendments will further implementation of the
comprehensive plan consistent with other goals, policies and objectives of the Plan.
Staff Report - Corrununity Development Board - March 15, 2005 - Comprehensive Plan Amendments Page - 2
2. The amendment is not inconsistent with other provisions of the comprehensive
plan.
The proposed amendments make two minor editorial modifications and add a FLUM
category, consistent with the Countywide Rules, to support Clearwater Beach
redevelopment. The proposed amendment is not inconsistent with other provisions of
the Plan.
3. The available uses, if applicable, to which the property may be put are appropriate
to the property in questions and compatible with existing and planned uses in the
area.
The proposed Resort Facilities Overlay Plan classification allows residential and
overnight accommodation uses to co-exist in areas appropriate for such mixed use
without the encroachment of commercial uses. The RFO will provide another tourist-
oriented FLUM category which will be conducive to beach redevelopment.
4. Sufficient public facilities are available to serve the property.
The proposed amendments are text amendments that are not directly related to a
specific property. The proposed RFO classification can only be applied to existing
residential categories and there should be no negative impact on public facilities.
5. The amendment will not adversely affect the natural environment.
The proposed amendments are mostly editorial in nature except that a new FLUM
classification, Resort Facilities Overlay, is being added as a permitted classification.
The proposed category . is an overlay district and will not permit additional
development potential than currently allowed. Any redevelopment that occurs as a
result of the proposed amendment must comply with the impervious surface ratio,
drainage and water quality standards. The proposed amendment will not adversely
affect or alter the natural environment.
6. The amendment will not adversely impact the use of property in the immediate
area.
The proposed amendment is not site specific, however, it is anticipated that the RFO
will be used in areas where residential and overnight accommodation uses have
historically existed. When the RFO is actually applied to the FLUM, a determination
will be made regarding the impact on the immediate area.
Staff Report - Community Development Board - March 15, 2005 - Comprehensive Plan Amendments Page - 3
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Clearwater Comprehensive Plan recognize that the new
Clearwater Downtown Redevelopment Plan has been approved and that the Mixed Used
zoning district has been repealed. Additionally, the amendments further refine the City's
beach redevelopment policy by recognizing the need to have areas within and adjacent to
the tourist area that allow residential and overnight accommodations uses without the
intrusion of commercial uses. These proposed amendments further the goals and many
objectives already included in the Comprehensive Plan.
The Planning Department Staff recommends APPROVAL of Ordinance No. 7388-05
that amends the Clearwater Comprehensive Plan.
Prepared by Planning Dept.
Mark T. Parry, Planner III
ATTACHMENTS:
Ordinance No. 7388-05
Exhibit A of Ordinance No 7388-05 - Amendments 1 - 3
Staff Report - Community Development Board - March 15,2005 - Comprehensive Plan Amendments Page - 4
City Council
.......~g~!:'!~i!I~.~~..~..~....Memorand u m
ffi- )
B,~
Tracking Number: 1,221
Actual Date: 04/21/2005
Subject / Recommendation:
Approve text amendments to the Community Development Code and pass Ordinance 7413-05
on first reading.
Summary:
Since the adoption of the Community Development Code, several appeal cases have been
litigated under its provisions. Rulings by the Division of Administrative Hearings and the Pinellas
County Circuit Court in these cases have suggested Code amendments in order to effectuate the
intent of the Code as adopted by the City Council and interpreted by the City Attorney and the
Code Administrator.
Proposed Ordinance No. 7413-05 includes the following amendments:
1. Amendment to the Zoning District Regulations, Sections 2-103B.2." 2-104D.1., 2-203C.2.,
2-204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1., 2-903C.1., 2-1004B.1.,
2-1204A.1., 2-1304C.1., 2-1404A.1., 2-1601E.1.c., 2-1602E.2.c., and 2-1602F.2.c. (Pages 1.
through 9. of the proposed ordinance): amendments to the review and approval criteria for
Residential Infill Projects and Comprehensive Infill Redevelopment Projects to clarify that the
"impracticality" criterion applies where deviation is sought from one or more, as opposed to all,
of the listed items.
2. Amendment to Section 3-913: amendment to the General Standards for Level One and Level
Two approvals to clarify that applications shall meet each and every one of the six listed criteria.
3. Amendment to Section 4-404: to provide that the Community Development Board shall make
findings of fact, that Level Two approvals shall not be considered or construed as special
exceptions or variances, and that the burden of proof in a Level Two case shall be upon the
applicant to demonstrate that all required criteria for approval are met.
4. Amendment to Section 4-505 concerning appeals before the Community Development Board:
to delete the provision that certain appeals go on the Consent Agenda, and providing for a
hearing for all appeals. Also clarifying that in order to grant an appeal, the Board must find that
each and everyone of the listed criteria are met.
5. Amendment to Section 4-505 regarding Hearing Officer appeals: to
define what the record for such appeals shall be, to provide for motions to supplement the
record, and to clarify that the burden is on the appellant to show that the Board's decision
cannot be sustained by competent substantial evidence.
6. Amendment to Section 6-109 regarding Termination of Status as a Nonconformity: to clarify
that reconstruction of structures nonconforming as to density on the same parcel may occur
provided Level Two approval is obtained and other requirements are met.
Originating: City Attorney
Section Administrative public hearings
Cj:l1egQ[y-.:. Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 1
Public Hearing: Yes
City Council
,~_~g~!:,!~~~~~~~~fvt emo ra nd u m
Advertised Dates: 04/07/2005
04/21/2005
Financial Information:
Review Approval
Leslie Douaall-Sides
Pam Akin
Cyndie Goudeau
03-21-2005
03-21-2005
04-07-2005
14:01 :47
14:11:49
14:55:08
ORDINANCE NO. 7413-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE COMMUNITY DEVELOPMENT CODE;
AMENDING SECTIONS 2-103B.2., 2-104D.1., 2-203C.2., 2-
204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1.,
2-903C.1., 2-1004B.1., 2-1204A.1., 2-1304C.1., 2-1404A.1., 2-
1601E.1.c., 2-1602E.2.c., AND 2-1602F.2.c., TO PROVIDE THAT
THE IMPRACTICALITY CRITERION FOR RESIDENTIAL INFILL
PROJECTS AND COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS APPLIES WHERE DEVIATIONS ARE SOUGHT TO
ONE OR MORE OF THE LISTED REQUIREMENTS; AMENDING
SECTION 3-913 TO PROVIDE THAT CERTAIN GENERAL
STANDARDS MUST BE MET FOR APPROVAL, RATHER THAN
APPLYING SOLELY TO CONDITIONS OF APPROVAL;
AMENDING SECTION 4-404 TO PROVIDE THAT LEVEL TWO
APPROVALS DO NOT CONSTITUTE SPECIAL EXCEPTIONS
OR VARIANCES, PROVIDING FOR BURDEN OF PROOF, AND
PROVIDING THAT FINDINGS OF FACT SHALL BE REQUIRED;
AMENDING SECTION 4-504. REGARDING PROCEDURE FOR
APPEALS TO THE COMMUNITY DEVELOPMENT BOARD,
DELETING THE CONSENT AGENDA PROCEDURE AND
CLARIFYING THAT EACH AND EVERY CRITERION
CONTAINED IN SUBSECTION 4-504C. MUST BE FOUND
PRESENT IN ORDER TO GRANT AN APPEAL AND THAT THE
SECOND AND THIRD CRITERIA PERTAIN TO THE DECISION
OF THE BOARD; AMENDING SECTION 4-505 TO DELETE THE
REQUIREMENT THAT THE HEARING OFFICER ISSUE
FINDINGS OF FACT AND TO DEFINE THE RECORD AND THE
STANDARD OF REVIEW ON APPEAL; AMENDING SECTION 6-
109 TO PROVIDE THAT RECONSTRUCTION OF
STRUCTURES NONCONFORMING AS TO DENSITY
REQUIRES LEVEL TWO APPROVAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is advisable to make certain amendments to the City's Community
Development Code in order to clarify the City's intent with regard to recent court and
hearing officer rulings and relevant case law, and to clarify procedures under said Code;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2-103B.2., Community Development Code, is hereby
amended to read as follows:
Ordinance No. 7413-05
Section 2.-103. Flexible standard development.
The following Level One uses are permitted in the LDR District subject to
the standards and criteria set out in this section and other applicable regulations in
Article 3.
*******
Flexibility criteria:
*******
B. Residential infill projects.
* * * * * * * *
2. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe
intensity~ aRG other development standards;
*******
Section 2. Section 2-104D.1., Community Development Code, IS hereby
amended to read as follows:
Section 2.-104. Flexible development.
The following Level Two uses are permitted in the LDR District subject to
the standards and criteria set out in this section and other applicable regulations in
Article 3.
*******
Flexibility criteria:
*******
D. Residential infill projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe
intensitY~aRG other development standards;
* * * * * * *
Section 3. Section 2-203C.2., Community Development Code, is hereby
amended to read as follows:
Section 2.-203. Flexible standard development.
The following Level One uses are permitted in the LMDR District subject
to the standards and criteria set out in this section and other applicable regulations in
Article 3.
* * * * * * *
2
Ordinance No. 7413-05
Flexibility criteria:
* * * * * * *
C. Residential infill projects.
* * * * * * * *
2. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe
intensity~ aM other development standards;
*******
Section 4. Section 2-204E.1., Community Development Code, IS hereby
amended to read as follows:
Section 2.-204. Flexible development.
The following Level Two uses are permitted in the LMDR District subject
to the standards and criteria set out in this section and other applicable regulations in
Article 3.
*******
Flexibility criteria:
* * * * * * *
E. Residential infill projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe
intensity~ aM other development standards;
*******
Section 5. Section 2-304G.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-304. Flexible development.
The following Level Two uses are permitted in the MDR District subject to
the standards and criteria set out in this section and other applicable regulations in
Article 3.
* * * * * * *
Flexibility criteria:
*******
G. Residential infill projects.
********
3
Ordinance No. 7413-05
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe
intensity..;... aM other development standards;
* * * * * * *
Section 6. Section 2-404F.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-404. Flexible development.
The following Level Two uses are permitted subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
* * * * * * *
Flexibility criteria:
* * * * * * *
F. Residential infill projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe
intensity..;... aM other development standards;
* * * * * * *
Section 7. Section 2-504F.1., Community Development Code, IS hereby
amended to read as follows:
Section 2.-504. Flexible development.
The following Level GRe Two uses are permitted in the HDR District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
* * * * * * *
Flexibility criteria:
*******
F. Residential infill projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe
intensity..;... aM other development standards;
* * * * * * *
Section 8. Section 2-704C.1., Community Development Code, is hereby
amended to read as follows:
4
Ordinance No. 7413-05
Section 2.-704. Flexible development.
The following Level Two uses are permitted in the "C" District subject to
the standards and criteria set out in this section and other applicable regulations in
Article 3.
*******
Flexibility criteria:
*******
C. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe use, ~
intensity.;... aM other development standards;
*******
Section 9. Section 2-803C.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-803. Flexible development.
The following Level Two uses are permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
* * * * * * *
Flexibility criteria:
*******
C. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe use, ~
intensity.;... aM other development standards;
*******
Section 10. Section 2-903C.1., Community Development Code, IS hereby
amended to read as follows:
Section 2.-903. Flexible development.
The following uses are Level Two permitted uses in the Downtown District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
*******
5
Ordinance No. 7413-05
Flexibility criteria:
* * * * * * *
C. Comprehensive infill redevelopment projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe use, ~
intensity.;... aRG other development standards;
* * * * * * *
Section 11. Section 2-1004B.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1004. Flexible development.
The following uses are Level Two permitted uses in the Office "0" District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
* * * * * * *
Flexibility criteria:
* * * * * * *
B. Comprehensive infill redevelopment projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe use, ~
intensity.;... aRG other development standards;
*******
Section 12. Section 2-1204A.1., Community Development Code, IS hereby
amended to read as follows:
Section 2.-1204. Flexible development.
The following are Level Two permitted uses in the Institutional District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
* * * * * * *
Flexibility criteria:
*******
A. Comprehensive infill redevelopment projects.
* * * * * * * *
6
Ordinance No. 7413-05
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe use, ~
intensity.;... afl€I. other development standards;
*******
Section 13. Section 2-1304C.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1304. Flexible development.
The following uses are Level Two permitted uses in the Industrial,
Research and Technology "IRT" District subject to the standards and criteria set out in
this section and other applicable regulations in Article 3.
* * * * * * *
Flexibility criteria:
* * * * * * *
C. Comprehensive infill redevelopment projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe use, ~
intensity.;... afl€I. other development standards;
* * * * * * *
Section 14. Section 2-1404A.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1404. Flexible development.
The following uses are Level Two permitted uses in the OSR District
subject to the standards and criteria set out in this Section and other applicable
regulations in Article 3.
* * * * * * *
Flexibility criteria:
*******
A. Comprehensive infill redevelopment projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tHe use, ~
intensity.;... afl€I. other development standards;
* * * * * * *
Section 15. Section 2-1601 E.1.c., Community Development Code, is hereby
amended to read as follows:
7
Ordinance No. 7413-05
Section 2.-1601. Coachman Ridge Neighborhood Conservation Overlay District.
* * * * * * *
E. Flexible standard development. The following Level One uses are
permitted in the CRNCOD District subject to the standards and criteria set out in this
Section and other applicable regulations in Article 3.
* * * * * * *
Flexibility criteria:
* * * * * * *
1. Residential infill.
* * * * * * * *
c. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the followinq: iRe
intensity.;... aM other development standards;
* * * * * * *
Section 16. Section 2-1602E.2.c., Community Development Code, is hereby
amended to read as follows:
Section 2.-1602. Island Estates Neighborhood Conservation Overlay District.
* * * * * * *
E. Flexible standard development for areas zoned LMDR/lENCOD. The
following Level One uses are permitted in the LMDR/IENOD District subject to the
standards and criteria set out in this Section and other applicable regulations in Article
3.
* * * * * * *
Flexibility criteria:
*******
2. Residential infill.
* * * * * * * *
c. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the followinq: iRe
intensity.;... aM other development standards;
*******
Section 17. Section 2-1602F .2.c., Community Development Code, is hereby
amended to read as follows:
Section 2.-1602. Island Estates Neighborhood Conservation Overlay District.
8
Ordinance NO.7 413-05
*******
F. Flexible development for areas zoned LMDR/IENCOD. The following
Level Two uses are permitted in the LMDR/lENOD District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
*******
Flexibility criteria:
*******
2. Residential infill.
* * * * * * * *
c. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the followinq: tHe
intensity.;... aM other development standards;
* * * * * * *
Section 18. Section 3-913, Community Development Code, is hereby amended
to read as follows:
Section 3-913. General standards for Level One and Level Two approval~
conditions.
A. Level One applications, in order to be approved Conditions ':.'hich ::ire imposod
by the community development coordinator~ and Level Two applications. in
order to be approved by the community development board pursu::int to ::1 Lovel
Ono or ::1 Lovel Two ::1ppro'/::i1 sh::ill onsure that . shall meet each and every one
of the followinq criteria:
1 . The proposed development of the land will be in harmony with the scale,
bulk, coverage, density, and character of adjacent properties in which it is
located.
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly
impair the value thereof.
3. The proposed development will not adversely affect the health or safety
or persons residing or working in the neighborhood of the proposed use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
9
Ordinance No. 7413-05
*******
Section 19. Section 4-404, Community Development Code, is hereby amended
to read as follows:
Section 4-404. Community development board decision.
Upon receipt of the recommendation of the community development coordinator,
the community development board shall review the application, the recommendation
of the community development coordinator, conduct a quasi-judicial public hearing
on the application in accordance with the requirements of section 4-206, shall make
findinqs of fact, and may grant the approval, grant the approval subject to specified
conditions~ or deny the application for development approval. Level Two approvals
shall not be considered or construed as special exceptions or variances. The
burden of proof in a Level Two case shall be upon the applicant to demonstrate to
the community development board that all required criteria for approval are met.
The review and public hearing shall be held within 33 working days after
determination of sufficiency, unless the time frame is extended by mutual consent of
the applicant and the city. The community development board shall render a
decision not later than 70 days after the initial hearing unless the time frame is
extended by mutual consent of the applicant and the city. The community
development board shall attach such conditions to the approval which are necessary
to ensure compliance with the applicable general and specific flexibility requirements
and standards set out in Articles 2 and 3 including the provisions of section 3 911 in
reg3rd to general st3nd3rds for 3pprov31 conditions
Section 20. Section 4-504, Community Development Code, is hereby amended
to read as follows:
Section 4-504. Community development board appeals.
A. Except 3S provided in subsection B. of this section, u Upon receipt of the
recommendation of the community development coordinator regarding
appeals from decision set out in Section 4-501 (A), the community
development board shall review the application, the recommendation of
the community development coordinator, conduct a quasi-judicial public
hearing on the application in accordance with the requirements of
Section 4-206 and render a decision in accordance with the provisions of
Section 4-206(D)(5) granting the appeal, granting the appeal subject to
specified conditions~ or denying the appeal. The hearing before the
community development board shall be scheduled at the first available
meeting of the board sufficient to provide notice under Section 4-206,
and may be continued at that meeting to the next regularly scheduled
meeting of the board so that the board may receive more information,
clarification, or research. The community development board shall
render a decision at the meeting but not later than 70 days from the
10
Ordinance No. 7413-05
receipt of the notice of appeal, unless the parties by mutual consent
extend the time frame for the board's decision until a subsequent
meeting.
S.Upon receipt of ::m application/notice of appeal from a level One approval
(Flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled
meeting of the board. Notice of the date of such meeting shall be provided the
applicant and the appellant(s) by mail and by telephone. The appeal may be
removed from the consent agenda only by a vote of at least four members of the
community development board. If the appoal is not removed from the consent
agenda, the decision of the community development coordinator is confirmed as
part of the consent agenda by a vote of the majority of the mombers of the
board. If the appeal is removed from the consent agenda, the community
development board shall revim.v the application, the recommendation of the
community development coordinator, conduct a quasi judicial public hearing on
the application in accordance \Nith the requirements of Section '1 206 and render
a decision in accordance '/lith the provisions of Section '1 206(D)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the
appeal.
Go- B. In order to grant an appeal, overturning or modifying the decision
appealed from, the community development board shall find that based
on substantial competent evidence presented by the applicant or other
party that each and every one of the followinq criteria are met:
1. The decision appealed from misconstrued or incorrectly interpreted the
provisions of this development code: and
2. That t Ihe decision of the community development board will be in
harmony with the general intent and purpose of this development
code; and
3. The decision of the community development board W will not be
detrimental to the public health, safety and general welfare.
Section 21. Section 4-505, Community Development Code, is hereby amended to
read as follows:
Section 4-505. Hearing officer appeals.
A. Upon receipt of a notice of appeal regarding decisions set out in Section
4-501 (B), the hearing officer shall, in concert with the city clerk, establish
a date and hour and location for hearing to consist solely of:
1. reception of the record before the community development board; and
2. oral argument.
The record before the community development board shall consist
of the followinq: the Planninq Department file concerninq the application;
the aqenda packet for the community development board meetinq(s); all
exhibits accepted into evidence before the community development
11
Ordinance No. 7413-05
board; and the board reporter's audiotape recordinq of the hearinq before
the community development board. Any motion to supplement the record
shall be filed with the hearinq officer and served on all other parties to the
proceedinqs within 10 days of filinq the notice of appeal. The hearing
shall be held within 60 days of receipt of the notice of appeal, unless the
appellant requests or agrees to a continuance. The city clerk shall give
notice of the hearing to the appellant, applicant, city, and any person
granted party status by the community development board.
B. At the hearing, the record before the community development board shall
be received by the hearing officer. Additionally, oral argument may be
presented by the appellant, applicant, city, and any person granted party
status by the community development board.
C. The burden shall be upon the appellant to show that the decision of the
community development board cannot be sustained by tRe substantial
competent evidence before the board, or that the decision of the board
departs from the essential requirements of law.
D. The persons entitled to present oral argument as set forth in subsection
B. above may submit proposed final orders to the hearing officer within
20 days of the hearing. The hearing officer shall render a decision within
45 days of the hearing. The decision of the hearing officer shall include
findings of fact, conclusions of law, and a determination approving,
approving with conditions, or denying the requested development
application. The decision of the hearing officer shall be final, subject to
judicial review by common law certiorari to the circuit court. The filing of
a petition for certiorari stays the decision of the hearing officer pending
the final determination of the case.
Section 22. Section 6-109, Community Development Code, is hereby amended
to read as follows:
Section 6-109. Termination of status as a nonconformity.
*******
B. A structure which is nonconforming with respect to density may be
reconstructed on the same parcel with the same density provided Level Two
approval is obtained and such reconstruction complies with all other
requirements of this Community Development Code.
* * * * * * *
Section 23. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
12
Ordinance No. 7413-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
13
Ordinance No. 7413-05
FLD - \
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City Council
q.J
:to!
o ~g"~!:,!~~~~ver Memorandum
Tracking Number: 1,222 Actual Date: 04/21/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from County
Residential/Office Limited (R/OL) to City Residential/Office Limited (R/OL) and Zoning Atlas
Amendment from the County P-1A Limited Office District to the City Office (0) District for 150
McMullen Booth Road (Portion of Metes and Bounds 23/01 in Section 16, Township 29 South,
Range 16 East); and Pass Ordinance 7407-05, 7408-05 and 7409-05 on first reading.
Summary:
The subject site is located at 150 McMullen Booth Road, approximately 950 feet north of the
northwest corner of Gulf to Bay Boulevard (State Route 60) and McMullen Booth Road (County
Route 611). The applicant is requesting this annexation in order to receive City sanitary sewer
and solid waste service. The property is contiguous with the existing City boundaries to the
north, east, south and west; therefore, the proposed annexation is consistent with Florida
Statutes with regard to voluntary annexation. The subject site is approximately 3.402-acres in
area and is occupied by an existing office building. It is proposed that the property have a
Future Land Use Plan designation of Residential/Office Limited (R/OL) and a zoning category of
Office (0).
The Planning Department has determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
.The proposed annexation will not have an adverse impact on public facilities and their
level of service.
.The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan, the Community Development Code and Pinellas County and Florida Law.
.The proposed annexation is contiguous to existing municipal boundaries and represents a
logical extension of the boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County
staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and
no objections have been raised.
Please refer to the attached annexation (ANX2004-12021) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on March 15,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Financial Information:
Review Approval
Gina Clavton
03-18-2005
16: 16:22
Cvndie Goudeau
04-11-2005
08:11:09
~
o
Cvndi TaraDani
Garrv Brumback
Leslie Douqall-Sides
Bill Horne
City Council
~g~!:'!~~~~~~r..Memora n d u m
03-21-2005 10:42:44
04-07-2005 16:24: 11
03-21-2005 14:03: 18
04-09-2005 22:19:42
ORDINANCE NO. 7407-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 950 FEET NORTH OF THE NORTHWEST
CORNER OF GULF TO BAY BOULEVARD AND MCMULLEN
BOOTH ROAD, CONSISTING OF A PORTION OF METES AND
BOUNDS 23/01, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF KENTUCKY AVENUE, ABUTTING RIGHT-OF-WAY OF
MCMULLEN BOOTH ROAD, AND ABUTTING RIGHT-OF-WAY
OF BAY STREET, WHOSE POST OFFICE ADDRESS IS 150
MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2004-12021 )
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. 7407-05
ORDINANCE NO. 7408-05
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
APPROXIMATELY 950 FEET NORTH OF THE NORTHWEST
CORNER OF GULF TO BAY BOULEVARD AND MCMULLEN
BOOTH ROAD, CONSISTING OF A PORTION OF METES AND
BOUNDS 23/01, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF KENTUCKY AVENUE, ABUTTING RIGHT-OF-WAY OF
MCMULLEN BOOTH ROAD, AND ABUTTING RIGHT-OF-WAY
OF BAY STREET, WHOSE POST OFFICE ADDRESS IS 150
MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAUOFFICE LIMITED;
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
(ANX2004-12021 )
Land Use Cateqorv
Residential/Office Limited
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.7 407 -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. 7408-05
ORDINANCE NO. 7409-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 950
FEET NORTH OF THE NORTHWEST CORNER OF GULF TO
BAY BOULEVARD AND MCMULLEN BOOTH ROAD,
CONSISTING OF A PORTION OF METES AND BOUNDS 23/01,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
KENTUCKY AVENUE, ABUTTING RIGHT-OF-WAY OF
MCMULLEN BOOTH ROAD, AND ABUTTING RIGHT-OF-WAY
OF BAY STREET, WHOSE POST OFFICE ADDRESS IS 150
MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Propertv
See attached legal description
(ANX2004-12021 )
Zoninq District
Office (0)
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. 7407-05.
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. 7409-05
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Proposed Annexation
Owners: D. Paul and Barbara Haagsma Case: ANX2004-12021
Site: 150 McMullen Booth Rd. Property Size (Acres): 3.402
R.O.w. Size (Acres): 2.079
Land Use Zoning
PIN: 16/29/16/00000/230/0100
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Owners: D. Paul and Barbara Haagsma Case: ANX2004-12021
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R.O.W. Size (Acres): 2.079
land Use Zoning
PIN: 16/29/16/00000/230/0100
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Owners: D. Paul and Barbara Haagsma Case: ANX2004- 12021
Site: 150 McMullen Booth Rd. Property Size (Acres): 3.402
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PIN: 16/29/16/00000/230/0100
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Owners: D. Paul and Barbara Haagsma Case: ANX2004-12021
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Owners: D. Paul and Barbara Haagsma Case: ANX2004-12021
Site: 150 McMullen Booth Rd. Property Size (Acres): 3.402
R.O.W. Size (Acres): 2.079
land Use Zoning
PIN: 16/29/16/00000/230/0100
From R/Ol(County) P-1 A (County)
To: R/Ol 0 Atlas Page: 292A
CDB Meeting Date: March 15,2005
Case Number: ANX2004-12021
Agenda Item: D-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
D. Paul and Barbara J. Haagsma
LOCATION:
150 McMullen Booth Road
REQUEST:
(a) Annexation of 3.402 acres of property and 2.079 acres of
abutting McMullen Booth Road, Kentucky Avenue, and
Bay Street rights-of-way to the City of Clearwater;
(b) Land Use Plan amendment from Residential/Office
Limited (RlOL) Category (County) to Residential/Office
Limited (RlOL) Category (City of Clearwater); and
(c) Rezoning from P-IA, Limited Office District (County)
to Office (0) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
148,209 square feet or 3.402 acres
DIMENSIONS OF SITE:
477 feet wide by 311 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Office
Office (to be expanded in future)
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential/Office Limited (RlOL) Category (County)
Residential/Office Limited (RlOL) Category (City)
ZONING DISTRICT:
Current District:
Proposed District:
P-IA, Limited Office District (County)
Office (0) District (City)
Staff Report - Community Development Board - March 15, 2005 - Case ANX2004-12021- Page 1
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Social and community center
East: Mobile home park
West: Single-family residential
ANALYSIS:
The subject property is located approximately 950 feet north of the northwest comer of Gulf to
Bay Boulevard (State Route 60) and McMullen Booth Road (County Route 611). The parcel is
3.402-acres in area and is occupied by a 17,500 square foot office building. The applicant is re-
questing this annexation in order to receive City sanitary sewer and solid waste service. The ap-
plicant intends to construct a building addition after annexation. The property is contiguous with
the existing City boundaries to the north, east, south and west; therefore, the proposed annexation
is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the
abutting McMullen Booth Road, Kentucky Avenue, and Bay Street rights-of-way not currently
within the City limits also be annexed. It is proposed that the property have a Future Land Use
Plan designation ofResidentiallOffice Limited (RlOL) and a zoning category of Office (0).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The applicant receives water service from the City of Clearwater. Sewer service will be provided
by the City of Clearwater and capacity for the project is available for this utility. The closest
sewer line is located in the Virginia Avenue right-of-way at the northwest comer of the site. The
applicant must pay the required impact and assessment fees prior to annexation. The applicant is
aware of the additional costs to extend City sewer service to the property.
Solid Waste
Solid waste service will be provided by the City of Clearwater. The City has an interlocal agree-
ment with Pinellas County to provide for the disposal of solid waste at the County's Resource
Recovery Plant and capacity is available to serve the property.
Police
The proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 McMullen Booth Road. Community policing service will be provided through
the City's zone system and officers in the field. The Police Department will be able to serve this
property and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #49 located on
Skyline Drive on the north side of Clearwater Mall. The Fire Department will be able to serve
this property and the annexation will not adversely affect fire and EMS service and response
time.
Staff Report - Community Development Board - March 15, 2005 - Case ANX2004-l202l- Page 2
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential/Office Limited (RlOL). It is the purpose of this category to depict those areas of the
County that are now developed, or appropriate to be developed, in an office or low density
residential use; and to recognize such areas as well-suited for such limited mixed use consistent
with the surrounding uses, transportation facilities and natural resource characteristics of such
areas. Residential and office are the primary uses in this plan category up to a maximum of seven
and one half (7.5) dwelling units per acre. Secondary uses include Residential Equivalent;
Institutional; TransportationJUtility; Public Educational Facility; Personal Service/Office
Support; Ancillary Non-Residential and Recreation/Open Space.
The proposed annexation is consistent with promoting the following goal of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2'-201.1. & 4-604.F.5.]
The site is currently zoned P-1A, Limited Office District in the County. The parcel will be zoned
Office (0), which is the appropriate zoning district under the Community Development Code.
The parcel is 477 feet in width and 148,347 square feet in lot size. The current 0 zoning district
requires a minimum lot width of 100 feet and a minimum lot area of 10,000 square feet. The sub-
ject property exceeds the minimum dimensional requirements of a minimum standard develop-
ment in the 0 district and is therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential/Office Limited (RlOL) with a maximum density of 7.5 dwelling units per acre and
maximum floor area ratio of 0.40.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staffs have reviewed this annexation and determined that it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing munici-
pal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is con-
Staff Report - Community Development Board - March 15, 2005 - Case ANX2004-12021- Page 3
tiguous with the existing City boundaries to the north, south, east, and west and represents a logi-
cal extension of the existing boundaries. The compactness standard of Florida law requires that
the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with these standards. In summary, the annexation of this
property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
A site visit by the City of Clearwater Community Response Team found three code violations on
this site: a vehicle parked on the grass; an unenclosed dumpster; and two unlicensed vehicles.
Such are violations of City codes. The applicant has been made aware of the violations and the
need to correct them after annexation.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services including solid waste, po-
lice, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
with Florida law regarding municipal annexation through its adjacency with existing City
boundaries.
Based on the above analysis, the Planning Department recommends APPROVAL of the follow-
ing actions on the request:
a) Recommend APPROVAL of the annexation of the property located at 150 McMullen
Booth Road.
b) Recommend APPROVAL of the Residential/Office Limited (RlOL) Category pursuant
to the City's Comprehensive Plan.
c) Recommend APPROV AL of the Office (0) zoning district pursuant to the City's Com-
munity Development Code.
Prepared by Planning Department Staff:
Karl Wielecki, AICP
Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Staff Report - Community Development Board - March 15, 2005 - Case ANX2004-l202l- Page 4
Surrounding Uses Map
Site Photographs
S:IPlanning DepartmentlC D BlAnnexationslANX - 20041ANX2004-12021 150 McMullen Booth Rd, Paul HaagsmaIANX2004-12021 staff
report. doc
Staff Report - Community Development Board - March 15, 2005 - Case ANX2004-l202l- Page 5
PU) -- ,)
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City Council
~g~!:,!da Cover Memorandum
q.-,d
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Tracking Number: 1,224
Actual Date: 04/21/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential
Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4,
One, Two and Three Family Residential District, to the City Medium Density Residential (MDR)
District for 2060 Evergreen Avenue (Lots 7, 8, 15 and 16 Brooklawn Subdivision, Block I in
Section 3, Township 29 South, Range 15 East); and Pass Ordinances 7414-05, 7415-05 &
7416-05 on first reading reading.
(ANX2004-08014A)
Summary:
The subject property is located at 2060 Evergreen Avenue, bounded by Arbelia Street (north),
Evergreen Avenue (east), Idlewild Drive (south) and Lantana Avenue (west) located 300 feet
west of King's Highway. On March 3, 2005 1.8 acres consisting of Lots 1 through 16 was
intended to be annexed into the City of Clearwater as part of ANX2004-08014 on second
reading. However, only 1.34-acres consisting of Lots 1 through 6 and Lots 9 through 13 was
annexed into the City of Clearwater due to an error in the title of Ordinance number 7362-05.
The subjects of this application are the remaining two parcels 0.46-acres in area consisting of
Lots 7, 8, 15 and 16. Approval of this application (ANX2004-08014A) will correct that omission
and bring these four lots into the City of Clearwater as originally intended. The applicant is
requesting this annexation in order to receive City water, sewer and solid waste services. The
property is contiguous with the existing City boundaries to the south, east and west; therefore,
the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation.
The subject site is approximately 0.46 acres in area and is part of a larger property a total of
1.8-acres in area and is vacant. It is proposed that the property have a Future Land Use Plan
designation of Residential Urban (RU) and a zoning category of Medium Density Residential
(MDR). This annexation has been reviewed by the Pinellas Planning Council (PPC) according to
the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have
been raised. The Planning Department determined that the proposed annexation is consistent
with the following standards specified in the Community Development Code:
The proposed annexation will nothave an adverse impact onpublic facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
Please refer to the attached report (ANX2003-08014A) for the complete staff analysis.The
Community Development Board will review this application at its public hearing on April 19,
2005 and the Planning Department will report it's recommendation of the application.
Originating: Planning
Section Quasi-judicial public hearings
Categ~ Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 04/03/2005
04/04/2005
City Council
~g,~!:,!~~~~~~~,~~~ora nd u m
Financial Information:
Review Approval
Cvndi Taraoani 03-21-2005 10:41 :46
Leslie Douaall-Sides 04-07-2005 10:42: 19
Bill Horne 04-11-2005 12:44:07
Gina Clavton 03-21-2005 15:27:38
Cvndie Goudeau 04-11-2005 12:50:35
Cvndi Tarapani 03-25-2005 11 : 39 : 52
Garry Brumback 04-11-2005 11 :44:09
ORDINANCE NO. 7414-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY BOUND BY
EVERGREEN AND LANTANA AVENUES TO THE EAST AND
WEST, RESPECTIVELY, AND BETWEEN ARBELlA STREET TO
THE NORTH AND IDLEWILD DRIVE TO THE SOUTH,
APPROXIMATELY 250 FEET WEST OF KING'S HIGHWAY,
CONSISTING OF LOTS 7, 8, 15, AND 16, BLOCK I,
BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS
IS 2060 EVERGREEN AVENUE, INTO THE CORPORATE LIMITS
OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lots 7,8,15, AND 16, Block I, Brooklawn Subdivision. Plat Book 13, Page 59, Public Records
of Pinellas County, Florida. (ANX2004-08014A)
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 Pine lias County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
Ordinance No 7414-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7414-05
ORDINANCE NO. 7415-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY BOUND BY
EVERGREEN AND LANTANA AVENUES TO THE EAST AND
WEST, RESPECTIVELY, AND BETWEEN ARBELlA STREET TO
THE NORTH AND IDLEWILD DRIVE TO THE SOUTH,
APPROXIMATELY 250 FEET WEST OF KING'S HIGHWAY,
CONSISTING OF LOTS 7, 8, 15, AND 16, BLOCK I,
BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS
IS 2060 EVERGREEN AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lots 7,8,15, AND 16, Block I, Brooklawn Subdivision
Plat Book 13, Page 59, Public Records of Pinellas
County, Florida. (ANX2004-08014A)
Land Use Cateqorv
Residential Urban
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7414-05.
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. 7415-05
ORDINANCE NO. 7416-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY BOUND BY EVERGREEN AND
LANTANA AVENUES TO THE EAST AND WEST,
RESPECTIVELY, AND BETWEEN ARB EllA STREET TO THE
NORTH AND IDLEWILD DRIVE TO THE SOUTH,
APPROXIMATELY 250 FEET WEST OF KING'S HIGHWAY,
CONSISTING OF LOTS 7, 8, 15, AND 16, BLOCK I,
BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS
IS 2060 EVERGREEN AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL
(MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Propertv
Lots 7,8,15, AND 16, Block I, Brooklawn Subdivision
Plat Book 13, Page 59, Public Records of Pinellas
County, Florida. (ANX2004-08014A)
Zoninq District
Medium Density Residential
(MDR)
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.7 414-05.
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. 7416-05
Location Map
Owners Bernard K. Reichel; Patrick Valin; Ido Fishier
Case:
A NX2004-D80 14A
Site: 2060 Evergreen A venue Property 0.46
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ANX2004-D8014A
Site: 2060 Evergreen A venue Property
Size (Acres): 0.46
Land Use Zoning PIN: 03/29/15/12090/009/0070
From: RU (County) R-4 (County) 03/29/15/12060/009/0150
To: RU (City) MDR (City) A tlas Page: 251B
CDB Meeting Date: Aori119.2005
Case Number: ANX2004-08014A
Agenda Item: F-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER:
Bernard K. Reichel; Patrick Valin; Ido FishIer
APPLICANT:
Bernard K. Reichel
LOCATION:
2060 Evergreen Avenue
REQUEST:
(a) Annexation of0.46-acres to the City of Clearwater;
(b) Land Use Plan amendment from Residential Urban
(RU) Category (County) to Residential Urban (RU)
Category (City of Clearwater); and
(c) Rezoning from R-4, One, Two and Three Family
Residential District (County) to Medium Density
Residential (MDR) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
20,000 square feet or 0.46 acres
DIMENSIONS OF SITE:
200 feet wide by 100 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Single- and multi-family dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential Urban (RU) (City)
Staff Report - Community Development Board - April 19, 2005 - Case ANX2004-080l4A Page 1
ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two and Three Family Residential (County)
Medium Density Residential (MDR) (City)
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Multi-family residential
West: S ingle- famil y residential
UPDATE:
On February 3, 2005 1.34-acres consisting of Lots 1 through 6 and Lots 9 through 13 was
annexed into the City of Clearwater as part of ANX2004-080 14. The subject of this application
is two parcels 0.46-acres in area consisting of Lots 7, 8, 15 and 16 and was supposed to be
included with the original application (ANX2004-08014) but was inadvertently omitted.
Approval of this application (ANX2004-08014A) will correct that omission and bring these four
lots into the City of Clearwater.
ANALYSIS:
This annexation involves 0.46 acres of a 1.8-acre property consisting of two parcels, bounded by
Evergreen and Lantana A venues to the east and west, respectively and Idlewild Drive to the
south approximately 250 feet west of King's Highway and 0.28 acres of the abutting Arbelia
Street right-of-way. The site is contiguous with the existing City boundaries on all sides and is
consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting
this annexation to receive sanitary sewer, water and solid waste service. It is proposed that the
property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of Medium Density Residential (MDR).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The site is currently vacant. Water and sewer service will be provided by the City of Clearwater
and capacity for the project is available from these utilities. The closest sewer line is located
within the Alpine Road right-of-way approximately 200 east of the subject site. The closest
water line is located within the Evergreen Road right-of-way to the west of the site. The
applicant is aware of the costs to extend service to this site, as well as the applicable impact fees
and utility deposits that must be paid at the time building permits are issued.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Draft Staff Report - Community Development Board -April 19, 2--5 - Case ANX2004-080l4A
Page 2
Police
The property is located within the East Police District and service will be administered through
the District 2 Police Headquarters located at 645 Pierce Street. There are currently 65 patrol
officers and 9 patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property and the annexation will not adversely affect
police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and
their level of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l]
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Urban (RU). It is the purpose of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in an urban low density residential manner;
and to recognize such areas as primarily well-suited for residential uses that are consistent with
the urban qualities and natural resource characteristics of such areas. Residential uses are the
primary uses in the plan category up to a maximum of 7.5 dwelling units per acre. Secondary
uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational
Facility; Ancillary Non-Residential and Recreation/Open Space.
The proposed annexation is consistent with promoting the following goal and objective of the
City of Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
The site is currently zoned R-4, One, Two and Three Family Residential District in the County.
The applicant proposes to rezone the property to the Medium Density Residential District
(MDR). Under the current MDR zoning district provisions, a minimum lot width of 50 feet and
a minimum lot area of 5,000 square feet are required for single-family dwellings. A minimum
lot width of 100 feet and a minimum lot area of 10,000 square feet are required for multi-family
dwellings. The subject property exceeds the minimum dimensional requirements of a standard,
Draft Staff Report - Community Development Board -April 19, 2--5 - Case ANX2004-08014A
Page 3
single-family development as part of a Minimum Standard development or a multi-family
development as part of a Flexible Standard development in the MDR District and is therefore
consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre.
V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and Pinellas
County staffs have reviewed this annexation and determined it complies with all applicable
ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the eXIstmg
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries on all sides and represents a logical and
appropriate extension of the existing boundaries. The compactness standard of Florida law
requires that the annexation does not create an enclave or a serpentine pattern of municipal
boundaries. The annexation of this property is consistent with this standard and eliminates an
enclave.
In summary, the annexation 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.
Draft Staff Report - Community Development Board -April 19, 2--5 - Case ANX2004-08014A
Page 4
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including water, sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The proposed annexation is consistent with both the City's Comprehensive Plan
and is consistent with Florida law regarding municipal annexation and eliminates an enclave.
Based on the above analysis, the Planning Department recommends APPROVAL of the
following action on the request:
(a) Annexation of0.46-acres to the City of Clearwater;
(b) Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential
Urban (RU) Category (City of Clearwater); and
(c) Rezoning from R-4, One, Two and Three Family Residential District (County) to Medium
Density Residential (MDR) District (City of Clearwater).
Prepared by Planning Department Staff:
Mark T. Parry, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:IPlanning DepartmentlC D BlAnnexationslANX - 20041ANX2004-08014A 2060 EvergreenReichelIANX2004-08014A stajfreport.doc
Draft Staff Report - Community Development Board -April 19, 2--5 - Case ANX2004-08014A
Page 5
'{:ew looking southeast from northwest side of site
View looking west from east side of site
View looking soufhwest from north side of site
ANX2004-08014A
2060 Evergreen Avenue
PLb~. '..~
City Council
Ag~!:,!~~~~~~~~~morandum
a 3
1.
Tracking Number: 1,225
Actual Date: 04/21/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential
Urban (RU) to City ResidentiallOffice General (R/OG) and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District, to the City Office (0) District for 2723 S.R. 580
(Lot 5 Block 1 Acker's Subdivision in Section 28, Township 28 South, Range 16 East); and Pass
Ordinances 7404-05, 7405-05 & 7406-05 on first reading.
(ANX2004-11019 and LUZ2004-11007)
Summary:
The subject property is located at 2723 S.R. 580, on the south side of S. R. 580 approximately
1,300 feet west of McMullen Booth Road. The annexation, future land use plan amendment and
rezoning are requested by the applicant who intends to construct a two-story office building
2,428 square feet in area on this 0.16 acre vacant lot. This annexation will enable the applicant
to receive City sewer and solid waste services. The property is contiguous with the existing City
boundaries to the east and west; therefore, the proposed annexation is consistent with Florida
Statutes with regard to voluntary annexation. The Planning Department determined that the
proposed annexation is consistent with the following standards specified in the Community
Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan, the Community Development Code and Pinellas County and Florida Law.
The proposed annexation is contiguous toexisting municipal boundaries, represents a logical
extension of the boundaries and does not result in an enclave.This annexation has been
reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been
raised.Please refer to the attached annexation (ANX2004-11019) report for the complete staff
analysis. The applicant is requesting to amend the Future Land Use Plan Map designation of the
site from Residential Urban (RU) (County) to Residential/Office General (R/OG) (City) to enable
the application to construct an office. Additionally, a zoning atlas amendment is requested to
rezone the site from the County's R-3, Single-Family Residential designation to the City's Office
(0) 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 future land use planamendment and rezoning application are consistent with
the Comprehensive Plan.
The proposed use is compatiblewith the surrounding area.
Sufficient public facilities are availableto serve the property.
The applications will not have anadverse impact on the natural environment.
Please refer to the attached land use plan and rezoning (LUZ2004-11007) report for the
complete staff analysis.In accordance with the Countywide Plan Rules, the future 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. Based on the size of the plan
amendment site, review and approval by the Florida Department of Community Affairs is not
required. The Community Development Board reviewed these applications at its publiC hearing
on March 15, 2005 and unanimously recommended approval of both applications.
Originating: Planning
City Council
Ag~..I!.~.!:!...J~,.~.~.~.~.,.....~ emo ra n d u m
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 02/27/2005
04/17/2005
Financial Information:
Review Approval
Cvndi Taraoani
Leslie Douaall-Sides
Bill Horne
Gina Clavton
Cvndie Goudeau
Cyndi Tarapani
Garry Brumback
03-21-2005 10:28:09
04-07-2005 10:41:39
04-11-2005 12:45: 17
03-21-2005 16:01:19
04-11-2005 12:51:42
03-25-2005 11:39:19
04-11-2005 11 :41 :45
ORDINANCE NO. 7404-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF S.R. 580 APPROXIMATELY 1,300 FEET WEST
OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK
1, ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR
ADDITIONAL RIGHT-OF-WAY, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF SR 580, WHOSE POST OFFICE
ADDRESS IS 2723 S.R. 580, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 5, Block 1, Acker's Subdivision, (less that portion taken for additional right-of-
way, recorded in O.R. 7967, Page 165) as recorded in Plat Book 30, Page 91,
Public Records of Pinellas County, Florida, together with the abutting right-of-way
of SR 580. (ANX2004-11019)
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. 7404-05
ORDINANCE NO. 7405-05
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 ON THE SOUTH
SIDE OF S.R. 580 APPROXIMATELY 1,300 FEET WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK 1,
ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR
ADDITIONAL RIGHT-OF-WAY, WHOSE POST OFFICE
ADDRESS IS 2723 S.R. 580, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAUOFFICE GENERAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 5, Block 1, Acker's Subdivision, (less that portion
taken for additional right-of-way, recorded in O.R. 7967,
Page 165) as recorded in Plat Book 30, Page 91, Public
Records of Pinellas County, Florida. (LUZ2004-11007)
Land Use Cateqorv
Residential/Office General
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. 7404-05.
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. 7405-05
ORDINANCE NO. 7406-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF S.R. 580 APPROXIMATELY 1,300 FEET WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK 1,
ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR
ADDITIONAL RIGHT-OF-WAY, WHOSE POST OFFICE
ADDRESS IS 2723 S.R. 580, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 5, Block 1, Acker's Subdivision, (less that portion
taken for additional right-of-way, recorded in O.R. 7967,
Page 165) as recorded in Plat Book 30, Page 91, Public
Records of Pinellas County, Florida. (LUZ2004-11007)
Zoninq District
Office (0)
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. 7404-05.
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. 7406-05
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Location Map
Owner Mr. Richard T. Heiden Case: ANX2004-11019
Property 0.164
Size (Acres):
Site: 2723 S.R. 580
0.120
Land Use Zoning PIN: 28-28-16-00036-001-0050
From: RU (County) R-3 (County)
To: R/OG City o Cit Atlas Page: 212A
Aerial Map
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Case:
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Owner
Mr. Richard T. Heiden
Case:
ANX2004-11019
Property
Size (Acres):
0.164
Site:
2723 S.R. 580
0.120
From
Land Use
RU (County)
Zoning
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28-28-1 6-00036-001-0050
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Owner
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To:
R/OG Cit
Case: ANX2004-11019
Property 0.164
Size (Acres):
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Zoning PIN: 28-28-1 6-00036-001-0050
R-3 (County)
o Cit Atlas Page: 212A
Site:
2723 S.R. 580
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RU (County)
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CDB Date:
Case Number:
Agenda Item:
March 15,2005
ANX2004-11019
D-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
OWNER/APPLICANT:
Richard T. Heiden
LOCATION:
2723 S.R. 580
REQUEST:
Annexation of 0.164-acres of property and 0.12 acres of
abutting S.R. 580 right-of-way to the City of Clearwater.
SITE INFORMATION
PROPERTY SIZE:
7,152 square feet or 0.164 acres
DIMENSIONS OF SITE:
60 feet wide by 119 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Office
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential/Office General (RIO G) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Office (0) (City)
EXISTING
SURROUNDING USES:
North: School
South: Single-family residential
East: Office
West: Office
Staff Report - Community Development Board - March 15,2005 - Case ANX2004-11019 Page 1
ANALYSIS:
This annexation involves a 0 . 164-acre property consisting of one parcel, located on the south side of
S.R. 580 approximately 1,300 feet west of McMullen Booth Road. The property is located within an
enclave and is contiguous with existing City boundaries to the north, east and west; therefore, the
proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is
proposed that the abutting S.R. 580 right-of-way not currently within the City limits also be annexed.
The applicant is requesting this annexation to receive sewer and solid waste service. It is proposed
that the property have a Future Land Use Plan designation of Residential/Office General (R/OG) and
a zoning category of Office (0).
I. IMPACT ON CITY SERVICES:
Water and Sewer
The applicant receives water service from Pinellas County. Sewer service will be provided by the
City of Clearwater and capacity for the project is available for this utility. The closest sewer line is
located in the adjacent Daniel Street right-of-way. The applicant is aware of the assessment fee and
impact fee payments required for sewer connection, as well as any additional costs to extend City
sewer service to the property. Payment of City fees will be required prior to the issuance of building
permits.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource
Recovery Plant and capacity is available to serve the property.
Police
The property is located within the East Police District and service will be administered through the
District 3 Substation located at 2851 McMullen Booth Road and County Road 580. There are
currently 56 patrol officers and 7 patrol sergeants assigned to this district Community policing
service will be provided through the City's zone system and officers in the field. The Police
Department has stated that it will be able to serve this property and the annexation will not adversely
affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #50 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.
Staff Report - Community Development Board - February 15, 2005 - Case ANX2004-11019
Page 2
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 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.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
The site is currently zoned R-3 Single-Family Residential in the county. The applicant proposes to
rezone the property to the Office (0) District. The proposed rezoning is being processed concurrently
with the annexation and is more thoroughly analyzed and discussed in the staff report for LUZ2004-
11007 (see agenda item F-2).
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
The site is currently designated as Residential Urban (RU) in the County. The applicant is proposing
to amend the Countywide Future Land Use Plan Map to the Residential/office General (RJOG). The
proposed future land use plan amendment is being process concurrently with the annexation and is
more thoroughly analyzed and discussed in the staff report for LUZ2004-11007 (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.
Staff Report - Community Development Board - February 15, 2005 - Case ANX2004-11019 Page 3
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 west and represents a logical and appropriate
extension of the existing boundaries. The compactness standard of Florida law requires that the
annexation does not create an enclave or a serpentine pattern of municipal boundaries. The
annexation of this property is consistent with this standard and reduces an enclave.
In summary, the annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including 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 0.164-acres of property and 0.120 acres of abutting
S.R. 580 right-of-way to the City of Clearwater.
Prepared by Planning Department Staff:
Mark T. Parry, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
s: I?lanning DepartmentlC D B\Annexations\ANX - 2004\ANX2004-11 0192723 SR 580 Heiden Office \ANX2004-11 019 staff report. doc
Staff Report - Community Development Board - February 15, 2005 - Case ANX2004-11019
Page 4
View looking southeast from S.R. 580
View looking southwest from S.R. 580
View looking at property adjacent 10 the west
Vie"v
south f!'om S.R. 580
View
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View
east jimn neigilbOli Clod to the south of the site
ANX2004-11 0 19
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Owner Mr. Richard T. Heiden Case: LUZ2004-11007
Site: 2723 S.R. 580 0.164
Land Use Zoning
PIN: 28-28-16-00036-001-0050
From: RU (County) R-3 (County)
To: R/OG (City) o (City) A tlas Page: 212A
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Future Land Use Map
Owner Mr. Richard T. Heiden Case: LUZ2004-11007
Site: 2723 S.R. 580 0.164
Land Use Zoning
PIN: 28-28-16-00036-001-0050
From RU (County) R-3 (County)
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Owner Mr. Richard T. Heiden Case: LUZ2004-11007
Site: 2723 S.R. 580 0.164
Land Use Zoning
PIN: 28-28-16-00036-001-0050
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Owner Mr. Richard T. Heiden Case: LUZ2004-11007
Site: 2723 S.R. 580 0.164
Land Use Zoning
PIN: 28-28-16-00036-001-0050
From: RU (County) R-3 (County)
To: R/OG (City) o (City) Atlas Page: 212A
PU}~3
CDB Date:
Case Number:
Agenda Item:
March 15,2005
LUZ2004-11007
D-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
OWNER/APPLICANT:
Richard T. Heiden
LOCATION:
2723 S.R. 580
REQUEST:
(a) Land Use Plan amendment from the Residential Urban
(RU) Classification (County) to Residential/Office
General (RIO G) Classification (City) (pending
ANX2004-11019); and
(b) Rezoning from the R-3, Single Family Residential
District (County) to the Office (0) District (City of
Clearwater) (pending ANX2004-11019).
SITE INFORMATION
PROPERTY SIZE:
7,152 square feet or 0.164 acres
DIMENSIONS OF SITE:
60 feet wide by 119 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Office
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential/Office General (RIO G) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Office (0) (City)
Staff Report - Community Development Board - March 15, 2005 - Case LUZ2004-11 007 Page 1
EXISTING
SURROUNDING USES:
North: School
South: Single-family residential
East: Office
West: Office
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of
land, approximately 0.164-acre property located on the south side of S.R. 580 approximately
1,300 feet west of McMullen Booth Road. This property is also the subject of a companion
application to annex the property into the City of Clearwater (Case# ANX2004-11019). The site
is currently vacant and has a FLUP designation of Residential Urban (RU) and a zoning
classification of R-3, Single Family Residential (County). The applicant is requesting to amend
the FLUP designation of the site to the Residential/Office General (R/OG) classification and to
rezone it to the Office (0) District (City). If approved, the site will be developed with an office.
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. Based on the size of the property and the proposed FLUP map
category, review and approval by the Florida Department of Community Affairs is required.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.1]
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.
Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-11007
Page 2
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Residential/Office General (RlOG) category, as specified in Section
2.3.3.4.2 of the Countywide Rules, is to designate areas in the County that are now used, or
appropriate to be used for office and/or medium density residential uses and to recognize such
areas as primarily well-suited for mixed use of an office/residential character consistent with the
surrounding uses, transportation facilities and natural resource characteristics of such areas. The
Residential/Office General (RlOG) category is generally appropriate to locations where it would
serve as a transition from an urban activity center or more intensive non-residential use to low
density residential or public/semi-public use; and in areas where the size and scale of office and
residential use is appropriate to free standing office, medium density residential or a combination
thereof. These areas are typically in close proximity to and served by the arterial and major
thoroughfare highway network, as well as by mass transit.
The proposed use of the property for an office development is consistent with the purposes of the
Residential/Office General (RlOG) category. The site is located along a major arterial, S.R. 580
and is in close proximity to McMullen Booth Road, another major arterial. The property is
adjacent to other office uses and is immediately north of residential property. The proposed
designation will provide an appropriate transition between this arterial and the abutting
residential area to the south and east.
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 commercial and office uses characterize S.R. 580 between McMullen Booth Road and
Allen Avenue. Residential uses exist further to the west along S.R. 580. The Countryside High
School is located on the north side of S.R. 580 across from the subject site. Residential/Office
General (RIO G) future land use is located to the east and west of the site, while Residential
Urban (RU) future land use is located to the south of the site. Residential/Office General
(RlOG) dominates the land use to the east of the property along McMullen Booth Road while
Residential Urban (RU) land use is located farther to the west and south.
The existing surrounding uses include single-family dwellings to the south and offices to the east
and west. Office buildings are located farther to the south and east of the site. The proposed
FLUP designation and rezoning is in character with the overall FLUP designation along this
block and is compatible with surrounding uses.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Staff Report - Community Development Board - February 15,2005 - Case LUZ2004-11007
Page 3
As stated earlier, the subject site is approximately 0.164 acres in area and is presently vacant.
Based on a maximum permitted density of 7.5 units per acre in the Residential Urban (RU)
category, one dwelling unit could be constructed on this site. The allowable development
potential in the Residential/Office General (R/OG) category is 15 units per acre, which would
allow two dwelling units to be constructed on this site although the Office (0) zoning district
does not allow for the construction of residential uses.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPe) 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.
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of S.R. 580 from McMullen Booth
Landmark Drive
LOS of S.R. 580 from McMullen Booth Road to Landmar
Drive
N/A = Not Applicable LOS = Level-of-Service
1 = Based on ppe calculations of 70 trips per acre per day for the
Residential Urban Future Land Use Category,
2 = Based on PPC calculations of 170 trips per acre per day for the
Residential/Office General Future Land Use Category,
3 = Based on MPO K-factor of 0,095
Source: "The Rules. ofthe Countywide Future Land Use Plan
33,721
33,732
33,748
16
C
C
C
C
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of S.R. 580 from McMullen Booth Road and Landmark Drive has a LOS of
C. The proposed Future Land Use Plan category could generate an increase in PM Peak Hour
traffic on this segment of S.R. 580 by two trips. This increase is de minimus and the LOS of the
surrounding road network will not be negatively impacted.
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 - February 15,2005 - Case LUZ2004-11007
Page 4
Existin
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(9,57 trips/dwelling unit)
I
10
N/A
1
N/A
dwelling unit
Pro osed Zoning/Future Land Use Plan
Medical Office Building
(36,13 tripsll ,000 square feet)
3,484
126
116
5
4
square feet
General Office Building
(11.01 trips/I,OOO square feet)
3,484
38
29
15
14
s uare feet
The transportation impacts associated with this land use plan amendment are minimal and will
not degrade the LOS of S.R. 580. It is anticipated that the small number of increased trips will
have no impact on the operational efficiency of the signalized intersections within this segment
of S.R. 580.
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 S.R. 580.
Water
The current FLUP category could use up to 250 gallons per day. Under the proposed FLUP
category, water demand could approach approximately 348 gallons per day. The proposed land
use will not negatively affect the City's current LOS for water.
Wastewater
The current FLUP category could produce up to 200 gallons per day. Under the proposed FLUP
category, sewer demand could approach approximately 279 gallons per day. The proposed land
use will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current Residential Low FLUP category would result in the production of 2.53 tons of solid
waste per year. Under the proposed FLUP category an office could generate 9.4 tons of solid
waste per year. The proposed land use will not negatively affect the City's current LOS for solid
waste disposal.
Staff Report - Community Development Board - February 15,2005 - Case LUZ2004-11007
Page 5
Recreation and Open Space
The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or
facilities due to the non-residential land use classification.
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 Office (0) District boundaries are logical and
consolidates this site into the appmpriate zoning district. It will blend into the existing Office
(0) District to the east and west.
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 7.5 dwelling units
per acre and an impervious surface ratio (ISR) of 0.40. The proposed Residential/Office General
(R/OG) land use category and Office (0) District is more intensive and permits a density of 15
dwelling units per acre, Floor Area Ratio (FAR) of 0.50 and an ISR of 0.75. The size of the
subject site is 7,152 square feet in area. It does not meet the minimum lot area requirement of
10,000 square feet and minimum lot width requirement of 100 feet for an office in the Office (0)
District. A companion Level Two Flexible Development application (case FLD2004-11 082 and
agenda item D-l) fully addresses these issues.
The proposed use of this property is consistent with the uses allowed in the Office (0) zoning
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.
Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-11 007
Page 6
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Residential Urban (RU) category to the Residential/Office
General (RlOG) category and a rezoning from the R-3, Single Family Residential District to the
Office (0) District for the subject site is requested. This 0.164-acre site does not exceed the
minimum lot area and lot width requirements for the proposed use of the property as an office
however, a companion Level Two Flexible Development application (see case FLD2004-11082
and agenda item D-1) fully addresses these issues. The neighborhood is surrounded by offices to
the east and west and farther to the east and south, a school to the north and single-family
residential dwellings to the south. The proposed future land use plan amendment and rezoning is
compatible with the existing neighborhood.
The proposed Residential/Office General (RlOG) Future Land Use classification and Office (0)
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:
1. Recommend APPROVAL of the Land Use Plan amendment from the Residential Urban
Classification (RU) (County) to the Residential/Office General (RlOG) Classification (City)
(pending ANX2004-11O 19); and
2. Recommend APPROVAL of the Rezoning from the R-3, Single Family Residential
Classification (County) to the Office (0) District (City) (pending ANX2004-ll0l9).
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:IPlanning DepartmentlC D EILand Use A mendmentsILUZ 20041LUZ2004-11007 2723 S.R, 580 Heiden OfJice1LUZ2004-11007 Staff
Reportdoc
Staff Report - Community Development Board - February 15,2005 - Case LUZ2004-11007
Page 7
View looking southeast from S.R, 580
View looking southwest from S,R, 580
'liew looking at property adjacent to the wesi
\'~iec/,r
sontil fj-orn S,R. 580
View looking at property adjacent to the east
View
e8S1 ::i0111
to the south of the site
LUZ2004-11007
2723 S.R. 58u
LEGISLATIVE
ISSUE BRIEF
Community Redevelopment Agencies (CRAs)
History and Observations
During the 2002 Legislative Session, Part III of Chapter 163, F.S. relating to Community
Redevelopment Agencies (CRAs) was amended to include the following revisions to the law:
inclusion of a grandfather provision which exempted any existing CRAs, from changes in the
lawn excluding boundary expansions; more stringent definitions of "slum area" and "blighted
area"; imposition of a forty-year maximum time period for new CRAs to collect and use tax
increment funds; authorizing all special districts to participate in the waiver process; preservation
of existing inter-local agreements; and a time frame for charter counties to respond to requested
amendments and plan modifications for CRAs located in a charter county.
During the 2004 Session, the House Local Government & Veterans Affairs Committee Chairman
(Rep. Ken Sorensen) directed the Florida Association of Counties (F AC) and the FLC to work
together to develop recommendations for further amending Chapter 163, Part III to address the
concerns of the F AC. Representatives from the two groups continue to meet and have had
meaningful dialogue but have not yet reached a consensus position.
In a related matter, the Legislative Committee on Intergovernmental Relations (LCIR) recently
released a report focusing on ways to "enhance the cooperation and coordination between
counties and municipalities regarding CRAs". The report includes several policy
recommendations relating to the use of, and timefTames associated with, interlocal agreements;
CRA reporting requirements; and the use of alternative revenue sources to fund redevelopment
efforts. The FLC has advised LCIR staff and legislators on that committee of its concerns with
the LCIR report and will continue to work with the counties and the LCIR staff to address those
concerns.
SB 2060 by Senator Carey Baker and HB 1521 by Rep. Ken Sorensen has been filed for
consideration during the 2005 Session. These bills require a portion of the Tax Increment
Financing (TIF) to be returned to the county when any of one of three separate "trigger" events
occurs. The proposed triggers are: when the CRA has been in existence for 20 years; when the
value of the property within the CRA is twice as much as the initial base value-minus any debt
service millage; or when the residents of a county reject a referendum asking the voters the
following question: "Should the county continue to contribute an increasing amount to the
community redevelopment agency each year?"
When any of the three triggers are met, the city and county then must approve an interlocal
agreement to determine the amount of the TIF but the amount cannot be less than the tax
increment amount contributed by the county before the trigger event happens.
The bill authorizes an alternative TIF amount to be agreed upon through an interlocal agreement
by the city and county when the CRA is first created.
SB 2060 and HB 1521 also require an interlocal agreement before a non-charter county has to
contribute any TIF to a CRA created after July 1, 2005. Likewise, an interlocal agreement is
required when a CRA, created before July 1,2005, in a county that later became a charter county,
wants to expand its boundaries or otherwise modify its CRA plan or existing debt service plan.
The FLC believes these bills would significantly and adversely impact the use of CRAs to address
redevelopment concerns. Additionally, the FLC, a strong defender of home rule authority, is
committed to allowing disputes between local government entities to be resolved at the local
level, without interference from the state. Furthermore, the FLC maintains that Chapter 163 Part
I, which authorizes the use of interlocal agreements, and Chapter 164 F.S. (Florida Governmental
Conflict Resolution Act) currently provide a comprehensive and satisfactory process for resolving
disputes between local governmental entities.
Florida League of Cites Position
The Florida League of Cities will support legislation, which preserves the home rule powers of
municipalities to create and effectively use Community Redevelopment Agencies (CRAs) to
redevelop and revitalize their urban areas, including the use of tax increment financing.
Furthermore, the League supports local control and disposition of any disputes between local
governments over CRAs and their financing.
Talking Points
· Urban sprawl and the related demand for services outside of the core urban area of a
municipality is an ongoing phenomenon that has resulted in a decline in our central urban
areas' economic and social vitality. CRAs are a vital and extremely successful tool used
by local governments to revitalize and redevelop the blighted urban areas.
· The proposed revisions would adversely impact the use of CRAs by creating unnecessary
obstacles and create disincentives for municipalities to undertake redevelopment.
· Issues between municipalities and other local government entities should be resolved
locally through negotiations and inter-local agreements--not through the legislative
process. Seeking legislative solutions will erode the important notion of "HOME RULE."
· CRAs utilize local dollars; address local issues, and is designed to meet local needs.
Therefore, any disputes relating to these local concerns should be dealt with locally.
· Claims that there is an unfair burden by the counties in the redevelopment of
municipalities ignores the significant "front end" commitment by a municipality to
establish a CRA. This usually includes staff and elected officials' time, offices and office
equipment, government services, planning assistance, legal assistance and the
development of a long-term redevelopment and budget plan for the CRA.
· The long term funding commitment and planning required of a eRA gives business,
residential and other interests some reassurance to invest in an area in need of
revitalization. It allows the city or county to formally identify, plan for, and coordinate
their revitalization goals, and measure progress made. Unless there are increases in
property values, there are no dollars in the tax increment trust fund.
· Initially, CRAs typically invest in streetscapes, lighting and other modest infrastructure
improvements. When the tax increment builds up, bonds are issued to provide the
significant revenues needed for a broad range of projects. The later years of TIF
collection are key for paying off bonds or other forms of debt, and attracting and retaining
businesses.
· Every CRA must be annually audited, must do an annual report for the public and taxing
entities, and as a dependent special district, must submit comprehensive financial reports
under Chapter 189 of state law.
Status: The FLC is opposed to SB 2060 and HB 1521. The municipal members of the city
county workgroup had recommended amending the CRA statute to strengthen the
current reporting and notification requirements for CRAs, further encourage the use
of interlocal agreements and existing dispute resolution procedures, and tighten the
definitions of slum and blight to require that additional factors be present for
determining when an area meets the statutory definitions in order to create a CRA.
These bills would retroactively impact existing CRAs, create uncertainty as to the
TIF revenue stream and otherwise gut the existing CRA law.
Contact:
Scott Dudley
Revised:
3/24/05
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Future Land Use Map
Owner Mr. Richard T. Heiden Case: LUZ2004-11007
Site: 2723 S.R. 580 Property 0.164
Size (Acres):
Land Use Zoning
PIN: 28-28-16-00036-001-0050
From: RU (County) R-3 (County)
To: R/OG (City) o (City) Atlas Page: 212A
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City Council
Age~r.:IClC()ver Memorandum
Tracking Number: 1,260
Actual Date: 04/21/2005
Subject / Recommendation:
Adopt Ordinance 7381-05 on second reading, relating to the Building and Development
regulations, amending Appendix A Schedule of Fees, Rates, and Charges relating to Section
47.083, creating a refundable building permit fee of $200.00 for holders of expired permits.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 03/27/2005
04/10/2005
Financial Information:
Review Approval
Pam Akin
04-07-2005
09:32:12
Cvndie Goudeau
04-11-2005
08:12:45
C~.~~
to., 1
C.A~2.
ORDINANCE NO. 7381-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING AND DEVELOPMENT
REGULATIONS; AMENDING APPENDIX A SCHEDULE OF FEES,
RATES AND CHARGES RELATING TO SECTION 47.083;
CREATING A REFUNDABLE BUILDING PERMIT FEE OF $200.00
FOR HOLDERS OF EXPIRED PERMITS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of fees, Rates and Charges, Code of Ordinances, are
amended to read:
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
*
*
*
*
*
*
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with
building and related codes requiring a permit, the following schedule of fees shall apply:
* * * * * *
Building Official may assess special fees per written policy for:
1. Work not ready for inspection (re-inspection fee):
a. First occurrence. .............................................. ,. ............... ............................. 32.00
b. Second or su bsequent occu rrence ................................................................ 80.00
2. Follow up on permit:
a. Failure to request inspections..................................................... 50% of permit fee
b. M i n i mum fee.......,............................................,............................................. 37.00
3. After-the-fact permit:
a. First occurrence.... ..............................",.........., ............................ Triple permit fee
b. Second or subsequent occurrence by the same contractor, any job
site in city.................................................................................. 1 0 times permit fee
4. Filing service fee, for notice of commencement
(this is in addition to county clerk's charges).......................................................10.00
5. *Expired permit holder's fee................................................................ ..200.00
~$200 fee is to be charqed to holders of expired permits. This fee may be refunded
upon completion of all requirements to "close out" the permit throuqh final inspections.
*
*
*
*
*
*
Section 2. This ordinance shall be effective immediately upon adoption.
PASSED ON FIRST READING
,2005.
Ordinance No. 7381-05
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
2
,2005.
Frank V. Hibbard, Mayor
Cynthia E Goudeau
City Clerk
~
o
City Council
~9~.,.~..~..~....~.~.~.~~,.~ emo ra nd u m
CX:'\ - -~
(Oed
Tracking Number: 1,261
Actual Date: 04/21/2005
Subject / Recommendation:
Adopt Ordinance 7423-05 on second reading, authorizing additional Gas System revenue bonds.
Originatinq: City Attorney
Section Second Readings - publiC hearing
Cateqorv: Second Reading
Public Hearing: Yes
Advertised Dates: 03/27/2005
04/10/2005
Financial Information:
Review Approval
Pam Akin
04-07-2005 09:34:34
Cvndie Goudeau
04-11-2005 08:13:34
CA-3
ORDINANCE NO. 7423-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUPPLEMENTING ORDINANCE NO. 5118-91 TO
AUTHORIZE ADDITIONAL GAS SYSTEM REVENUE
BONDS, SERIES (TO BE DETERMINED) OF THE CITY OF
CLEARWATER, FLORIDA, TO BE ISSUED IN ONE OR
MORE SERIES OVER ONE OR MORE YEARS AS
ADDITIONAL PARITY OBLIGATIONS OF THE CITY
PURSUANT TO THE CITY'S ORIGINAL ORDINANCE;
PLEDGING THE NET REVENUES OF THE SYSTEM TO
SECURE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS
OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR
THE PAYMENT THEREOF; SETTING FORTH THE FORM OF
ESCROW DEPOSIT AGREEMENT; PROVIDING FOR THE
APPOINTMENT OF AN ESCROW AGENT; MAKING
CERTAIN OTHER COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA, as follows:
SECTION 1. AUTHORITY FOR THIS ORDINANCE; ORDINANCE TO BE
SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166,
Part II, Florida Statutes, and other applicable provisions of law (the nActn) and the Original
Ordinance (as hereinafter defined). This Ordinance is supplemental to the Original
Ordinance and all provisions of the Original Ordinance not supplemented, modified,
superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b)
apply to the Bonds (as hereinafter defined) issued pursuant to this Ordinance to the same
extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter
defined, and (c) are incorporated herein by reference as if fully set forth.
SECTION 2. DEFINITIONS. Unless the context otherwise requires, the
terms defined in this Ordinance shall have the meanings specified in this section, and any
capitalized terms not defined herein shall have the meanings specified in Section 2 of the
Original Ordinance. Words importing singular number shall include the plural number in
each case and vice versa, and words importing persons shall include firms and
corporations.
Ordinance No, 7423-05
1
IlBond Registrarll or IlRegistrarll shall mean the officer of the Issuer or the bank or
trust company which the Issuer may from time to time designate to perform the duties
herein set forth for the Registrar of the Refunding Bonds.
IlBondsll shall mean (i) the Bonds authorized under the Original Ordinance, (ii) the
Additional Parity Obligations previously issued by the Issuer, and (I ii) any Additional Parity
Obligations issued hereafter in accordance with the provisions of the Original Ordinance
and this Ordinance.
IlEscrow Deposit Agreementll shall mean that certain Escrow Deposit Agreement by
and between the Issuer and a bank or trust company to be approved by subsequent
resolution of the Issuer, for the purpose of providing for the payment of each series of
Refunded Bonds, which agreement shall be in substantially the form attached hereto as
Exhibit IlAIl and is hereby incorporated by reference.
1l0rdinancell shall mean this Ordinance No. 7423-05 of the Issuer as hereafter
amended and supplemented from time to time in accordance with the provisions hereof.
1l0riginal Ordinancell shall mean City of Clearwater Ordinance No. 5118-91 as
thereafter amended and supplemented from time to time in accordance with the provisions
thereof.
IlParity Bondsll shall mean the outstanding Gas System Revenue Bonds, Series
1997A, dated October 1, 1997, the outstanding Gas System Revenue Bonds, Series
1997B, dated October 1, 1997, the outstanding Gas System Revenue Refunding Bonds,
Series 1998, dated January 15, 1998, the outstanding Gas System Revenue Refunding
Bonds, Series 2004, dated January 15, 2004, and any Additional Parity Obligations issued
under the authority of the Original Ordinance or this Ordinance.
IlRefunded Bondsll or IlAdvance Refunded Bondsll shall mean any series of Parity
Bonds, or portion thereof, for which the future payments of principal, premium, if any, and
interest has been provided for in an irrevocable escrow in accordance with the Escrow
Deposit Agreement with proceeds of a series of Refunding Bonds, which are so designated
in accordance with subsequent resolutions to be adopted by the Issuer prior to the
issuance of such series of Refunding Bonds.
IlRefunding Bondsll or IlAdvance Refunding Bondsll shall mean the obligations of the
Issuer authorized to be issued pursuant to this Ordinance and determined by subsequent
resolution of the Issuer, which Refunding Bonds may be issued in one or more series, with
each series to be separately designated in accordance with subsequent resolutions to be
adopted by the Issuer prior to the issuance of any series of Refunding Bonds.
IlSeriesll or IlSeries of Bondsll or nBonds of a Seriesll shall mean all Bonds issued
under this Ordinance and designated as being of the same Series issued and delivered on
original issuance in a simultaneous transaction, and any Bonds thereafter delivered in lieu
thereof or in substitution therefore pursuant to this Indenture Ordinance.
Ordinance No. 7423-05
2
SECTION 3.
FINDINGS. It is hereby found, determined and declared that:
(A) The Issuer has heretofore enacted the Original Ordinance authorizing the
issuance of certain obligations to be secured by and payable from the Net Revenues, and
providing for the issuance of Additional Parity Obligations, upon the conditions set forth
therein, to be payable on a parity from such Net Revenues.
(B) It is in the best interest of the Issuer to authorize the issuance of Bonds
(including Refunding bonds and Advance Refunding Bonds to be issued from time to time
to finance or refinance the costs of certain additions, extensions, supplements or
replacements of the existing gas system. The refunding program herein described will be
advantageous to the Issuer by providing a net present value reduction in the amount of
debt service secured by the System, resulting in a lessening of pressures to increase
System rates.
(C) Such Bonds shall be payable from the Net Revenues on a parity with the then
outstanding Parity Bonds.
(D) Any Series of Bonds to be issued pursuant to this Ordinance, shall be issued
upon approval by subsequent resolution of the Issuer as provided by law. The proceeds of
any such Series of Bonds shall be applied as provided in a subsequent ordinance or
resolution.
(E) The principal of and interest on each Series of the Bonds and all other
payments shall be payable solely from the Net Revenues derived from the operation of the
System, as provided herein and in the Original Ordinance. The Bonds shall not constitute
an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or
taxing power of the Issuer, the State, or any political subdivision thereof, within the
meaning of any constitutional, statutory or charter provisions. Neither the State of Florida,
nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem
taxes on any property to pay the principal of the Refunding Bonds, the interest thereon, or
other costs incidental thereto or (2) to pay the same from any other funds of the Issuer
except from the Net Revenues, in the manner provided herein and in the Original
Ordinance.
The Bonds shall not constitute a lien upon the System, or any part thereof, or on any
other property of the Issuer, but shall constitute a first and prior lien only on the Net
Revenues in the manner provided herein and in the Original Ordinance.
(F) The estimated Net Revenues to be derived from the operation of the System
will be sufficient to pay all principal of and interest on the Parity Bonds and each Series of
Bonds issued hereunder, as the same become due, and to make all required Sinking Fund,
Reserve and other payments required by this Ordinance and the Original Ordinance.
(G) The Original Ordinance, in Section 16(T) thereof, provides for the issuance of
Additional Parity Obligations under the terms, limitations and conditions provided therein.
Ordinance No. 7423-05
3
(H) The Issuer has complied with the terms, conditions and restrictions contained
in the Original Ordinance. The Issuer is, therefore, legally entitled to issue the Refunding
Bonds as Additional Parity Obligations within the authorization contained in the Original
Ordinance.
SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In
consideration of the acceptance of the Bonds by the Bondholders from time to time, this
Ordinance and the Original Ordinance shall be deemed to be and shall constitute a
contract between the Issuer and such Bondholders. The covenants and agreements
herein set forth to be performed by the Issuer shall be for the equal benefit, protection and
security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank
and without preference, priority or distinction of any of the Bonds over any other thereof,
except as expressly provided therein and herein.
SECTION 5. AUTHORIZATION OF BONDS. Subject and pursuant to the
provisions hereof and as shall be described in subsequent resolutions of the Issuer to be
adopted prior to the issuance of any Series of Bonds, obligations of the Issuer to be known
as IlGas System Revenue [Refunding] Bonds, Series [to be determinedr are authorized to
be issued in one or more series from time to time. The aggregate amount of the Bonds
which may be executed and delivered under this Ordinance is not limited except as is or
may hereafter be limited by the maximum amount of Additional Parity Obligations provided
in Section 16(T) of the Original Ordinance.
SECTION 6. DESCRIPTION OF BONDS. The Bonds shall be issued in fully
registered form; may be Capital Appreciation Bonds, Capital Appreciation Income Bonds,
Option bonds, Variable Rate Bonds, Serial Bonds or Term Bonds; shall be dated; shall be
numbered consecutively from one upward in order of maturity preceded by the letter 'HIl;
shall be in the denomination of $5,000 each, or integral multiples thereof for the Current
Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in
$5,000 multiples thereof, or such other denominations as shall be approved by the Issuer
in a supplemental resolution prior to the delivery of the Bonds; shall have such Paying
Agent and Registrar as designated in a subsequent Resolution of the Issuer adopted prior
to the issuance of such Series of Bonds; shall bear interest at such rate or rates not
exceeding the maximum rate allowed by State law, the actual rate or rates to be approved
by the governing body of the Issuer prior to or upon the sale of the Bonds; such interest to
be payable semiannually at such times as are fixed by supplemental resolution of the
Issuer if Current Interest Bonds and shall mature annually on such date in such years and
in such amounts as will be fixed by supplemental resolution of the Issuer prior to or upon
the sale of any Series of Bonds; and may be issued with variable, adjustable, convertible or
other rates with original issue discounts and/or original issue premiums; all as the Issuer
shall provide herein or hereafter by supplemental resolution.
Each Series of Bonds shall bear interest from the interest payment date next
preceding the date on which it is authenticated, unless authenticated on an interest
Ordinance No. 7423-05
4
payment date, in which case it shall bear interest from such interest payment date, or,
unless authenticated prior to the first interest payment date, in which case it shall bear
interest from its date; provided, however, that if at the time of authentication payment of
any interest which is due and payable has not been made, such Series of Bonds shall bear
interest from the date to which interest shall have been paid.
The Capital Appreciation Bonds shall bear interest only at maturity or upon
redemption prior to maturity in the amount determined by reference to the Accreted Value
of such Bonds.
The principal of and the interest redemption premium, if any, on the Bonds shall be
payable in any coin or currency of the United States of America which on the respective
dates of payment thereof is legal tender for the payment of public and private debts. The
interest on the Bonds (other than Capital Appreciation Bonds) shall be payable by the
Paying Agent on each interest payment date to the person appearing on the registration
books of the Issuer hereinafter provided for as the registered Holder thereof, by check or
draft mailed to such registered Holder at his address as it appears on such registration
books or by wire transfer to Holders of $1,000,000 or more in principal amount of the
Bonds. Payment of the principal of all Bonds and the Accreted Value with respect to the
Capital Appreciation Bonds shall be made upon the presentation and surrender of such
Bonds as the same shall become due and payable.
Notwithstanding any other provisions of this section, the Issuer may, at its option,
prior to the date of issuance of any Series of Bonds, elect to use an immobilization system
or pure book-entry system with respect to issuance of such Series of Bonds, provided
adequate records will be kept with respect to the ownership of such Series of Bonds issued
in book-entry form or the beneficial ownership of bonds issued in the name of a nominee.
As long as any Bonds are outstanding in book-entry form the provisions of this Ordinance
inconsistent with such system of book-entry registration shall not be applicable to such
Bonds. The details of any alternative system of issuance, as described in this paragraph,
shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such
Series of Bonds.
SECTION 7. EXECUTION OF BONDS. The Bonds shall be executed in the
name of the Issuer by its City Manager, counter-signed by its Mayor and attested to by its
City Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced
thereon. The Bonds shall be approved as to form and legal sufficiency by the City Attorney
of the Issuer. The facsimile signatures of such officers may be imprinted or reproduced on
the Bonds. The Certificate of Authentication of the Bond Registrar, hereinafter described,
shall appear on the Bonds, and no Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this Ordinance unless such certificate shall have
been duly executed on such Bond. The authorized signature for the Bond Registrar shall
at all times be a manual signature. In case any officer whose signature shall appear on
any Bonds shall cease to be such officer before the delivery of such Bonds, such signature
or facsimile shall nevertheless be valid and sufficient for all pu rposes the same as if he had
remained in office until such delivery. Any Bonds may be signed and sealed on behalf of
Ordinance No. 7423-05
5
the Issuer by such person who at the actual time of the execution of such Bonds shall hold
the proper office with the Issuer, although at the date of enactment of this Ordinance such
person may not have held such office or may not have been so authorized.
SECTION 8.
NEGOTIABILITY AND REGISTRATION.
(A) NEGOTIABILITY. The Bonds shall be and shall have all of the qualities and
incidents of negotiable instruments under the Uniform Commercial Code - Investment
Securities of the State of Florida, and each successive Holder, in accepting any of the
Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all
of the qualities and incidents of negotiable instruments under the Uniform Commercial
Code - Investment Securities of the State of Florida.
(B) REGISTRATION AND TRANSFER. There shall be a Bond Registrar for the
Bonds which shall be a bank or trust company located within or without the State of Florida.
The Bond Registrar shall maintain the registration books of the Issuer and be responsible
for the transfer and exchange of the Bonds. The Issuer shall, prior to the proposed date of
delivery of the Bonds, by resolution designate the bank to serve as a Bond Registrar and
Paying Agent. The Bond Registrar shall maintain the books for the registration of the
transfer and exchange of the Bonds in compliance with an agreement to be executed
between the Issuer and such bank as Bond Registrar on or prior to the date of delivery of
the Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of
the parties thereto.
The Bonds may be transferred upon the registration books, upon delivery to the
Registrar, together with written instructions as to the details for the transfer of such Bonds,
along with the social security or federal employer identification number of such transferee
and, if such transferee is a trust, the name and social security or federal employer
identification numbers of the settlor and beneficiaries of the trust, the date of the trust and
the name of the trustee. No transfer of any Bond shall be effective until entered on the
registration books maintained by the Registrar.
In all cases of the transfer of the Bonds, the Registrar shall enter the transfer of
ownership in the registration books and shall authenticate and deliver in the name of the
transferee or transferees a new fully registered Bond or Bonds of authorized
denominations of the same maturity and interest rate for the aggregate principal amount
which the Registered Owner is entitled to receive at the earliest practicable time in
accordance with the provisions of this Ordinance. Any Bond or Bonds shall be
exchangeable for a Bond or Bonds of the same maturity and interest rate, in any
authorized denomination, but in a principal amount equal to the unpaid principal amount of
the Bond or Bonds presented for exchange. Bonds to be exchanged shall be surrendered
at the principal office of the Registrar, and the Registrar shall deliver in exchange therefor
the Bond or Bonds which the Bondholder making the exchange shall be entitled to receive.
The Issuer or the Registrar may charge the Registered Owner of such Bond for every such
transfer or exchange an amount sufficient to reimburse them for their reasonable fees and
for any tax, fee, or other governmental charge required to be paid with respect to such
Ordinance No, 7423-05
6
transfer or exchange, and may require that such charge be paid before any such new Bond
shall be delivered.
All Bonds delivered upon transfer or exchange shall bear interest from such date
that neither gain nor loss in interest shall result from the transfer or exchange.
All Bonds presented for transfer, exchange, redemption or payment (if so required
by the Issuer), shall be accompanied by a written instrument or instruments of transfer or
authorization for exchange, in form and with guaranty of signature satisfactory to the Issuer
and the Registrar duly executed by the Registered Owner or by his duly authorized
attorney.
SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In
case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its
discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and
cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed,
stolen or lost, and upon the Holder furnishing the Issuer proof of his ownership thereof and
satisfactory indemnity and complying with such other reasonable regulations and
conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur.
All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the
Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the
Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost,
stolen or destroyed, without surrender thereof.
Any such duplicate Bonds issued pursuant to this section shall constitute original,
additional contractual obligations on the part of the Issuer whether or not the lost, stolen or
destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be
entitled to equal and proportionate benefits and rights as to lien on the source and security
for payment from the funds, as hereinafter pledged, to the same extent as all other Bonds
issued hereunder.
SECTION 10. BOOK ENTRY SYSTEM. Notwithstanding the provisions of
Sections 7, 8 and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the
Bonds, elect to use an immobilization system or pure book-entry system with respect to
issuance of such Bonds, provided adequate records will be kept with respect to the
ownership of such Bonds issued in book-entry form or the beneficial ownership of bonds
issued in the name of a nominee. As long as any Bonds are outstanding in book-entry
form the provisions of Sections 7, 8 and 9 of this Ordinance shall not be applicable to such
Bonds. The details of any alternative system of issuance, as described in this paragraph,
shall be set forth in a subsequent resolution of the Issuer duly adopted at or prior to the
sale of any such Series of Bonds.
SECTION 11. ESCROW DEPOSIT AGREEMENT. The form of Escrow Deposit
Agreement to be used in connection with the defeasance and redemption of a Series of
Bonds to be redeemed is attached hereto as Exhibit "A" and incorporated herein by
Ordinance No, 7423-05
7
reference is hereby approved. The Mayor, or in his absence the Vice Mayor, the City
Manager and the City Clerk are hereby authorized to execute such Escrow Deposit
Agreement in substantially the form attached as Exhibit nAn upon the approval of the City
Attorney as to form and legal sufficiency, with such additional changes, insertions and
omissions therein as do not change the substance thereof and as may be approved by the
said officers of the Issuer executing the same, such execution to be conclusive evidence of
such approval.
The Finance Director is hereby authorized to solicit offers from financial institutions
to serve as Escrow Agent under the Escrow Deposit Agreement for each Series of Bonds
to be redeemed, and the Finance Director is hereby authorized to select the firm with the
lowest bid to serve in such capacity.
SECTION 12. PROVISIONS FOR REDEMPTION. Each Series of Bonds shall
be redeemable as provided by subsequent resolution of the Issuer applicable to each such
Series of Bonds.
Notice of such redemption, identifying the Bonds or portions thereof called for
redemption, shall be given by the Registrar (who shall be the Paying Agent, or such other
person, firm or corporation as may from time to time be designated by the Issuer as the
Registrar) by mailing a copy of the redemption notice by first-class mail (postage prepaid)
not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for
redemption to the Registered Owner of each Bond to be redeemed in whole or in part at
the address shown on the registration books. Failure to give such notice by mailing to any
Registered Owner of Bonds, or any defect therein, shall not affect the validity of any
proceeding for the redemption of other Bonds. All Bonds or portions thereof so called for
redemption will cease to bear interest after the specified redemption date provided funds
for their redemption are on deposit at the place of payment at that time.
Upon surrender of any Bond for redemption in part only, the Issuer shall issue and
deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered
Owner, a new Bond or Bonds of authorized denominations in aggregate principal amount
equal to the unredeemed portion surrendered.
Whenever any Bonds shall be delivered to the Bond Registrar for cancellation, upon
payment of the principal amount thereof, or for replacement, transfer or exchange, such
Bonds shall be canceled and, upon request of the Issuer, destroyed by the Bond
Registrar. Counterparts of the certificate of destruction evidencing any such destruction
shall be furnished to the Issuer.
SECTION 13. FORM OF THE BONDS. The Bonds shall be substantially in
the form of Bond approved by Original Ordinance, with such omissions, insertions and
variations as may be necessary and desirable and authorized and permitted by this
Ordinance or by any supplemental resolution adopted prior to the issuance thereof.
Ordinance No. 7423-05
8
SECTION 14. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. Each
Series of Bonds shall for all purposes (except as herein expressly provided) be considered
to be Additional Parity Obligations issued under the authority of the Original Ordinance and
in accordance with such subsequent resolution to be adopted, and shall be entitled to all
the protection and security provided therein for the Parity Bonds, and shall be in all
respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds.
The covenants and pledges contained in the Original Ordinance shall be applicable
to each Series of Bonds in like manner as applicable to the Parity Bonds. The principal of
and interest on each Series of Bonds shall be payable from the Sinking Fund established
in the Original Ordinance on a parity with the Parity Bonds, and payments shall be made
into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and
interest on the Parity Bonds and such Series of Bonds as such principal and interest
become due.
SECTION 15. COVENANTS OF THE ISSUER. The provisions of Section 16
of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to
the Bonds issued pursuant to the Original Ordinance and in accordance with such
subsequent resolution, as though fully restated herein.
SECTION 16. AMENDING AND SUPPLEMENTING OF ORDINANCE
WITHOUT CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the
Original Ordinance shall be deemed applicable to this Ordinance and shall apply to each
Series of Bonds issued pursuant to this Ordinance and by subsequent resolution of the
Issuer as though fully restated herein.
SECTION 17. AMENDMENT OF ORDINANCE WITH CONSENT OF
HOLDERS OF BONDS. The provisions of Section 18 of the Original Ordinance shall be
deemed applicable to this Ordinance and shall apply to each Series of Bonds issued
pursuant to this Ordinance and by subsequent resolution of the Issuer as though fully
restated herein.
SECTION 18. DEFEASANCE. The provisions of Section 19 of the Original
Ordinance shall be deemed applicable to this Ordinance and shall apply to each Series of
Bonds issued pursuant to this Ordinance and by subsequent resolution of the Issuer as
though fully restated herein.
SECTION 19.
TAX COVENANTS.
(A) The Issuer covenants with the Registered Owners of each Series of Bonds
that it shall not use the proceeds of such series of Bonds in any manner which would
cause the interest on such Series of Bonds to be or become includable in the gross income
of the Registered Owner thereof for federal income tax purposes.
(B) The Issuer covenants with the Registered Owners of each Series of Bonds
that neither the Issuer nor any person under its control or direction will make any use of the
Ordinance No, 7423-05
9
proceeds of such Series of Bonds (or amounts deemed to be proceeds under the Code) in
any manner which would cause such Series of Bonds to be Ilarbitrage bondsll within the
meaning of Section 148 of the Code and neither the Issuer nor any other person shall do
any act or fail to do any act which would cause the interest on such Series of Bonds to
become includable in the gross income of the Registered Owner thereof for federal income
tax purposes.
(C) The Issuer hereby covenants with the Registered Owners of each Series of
Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion
of interest on the Bonds from the gross income of the Registered Owner thereof for federal
income tax purposes, including, in particular, the payment of any amount required to be
rebated to the U.S. Treasury pursuant to the Code.
SECTION 20. GOVERNMENTAL REORGANIZATION. The provisions of
Section 21 of the Original Ordinance shall be deemed applicable to this Ordinance and
shall apply to each Series of Bonds issued pursuant to this Ordinance and by subsequent
resolution of the Issuer as though fully restated herein.
SECTION 21. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer
may make such covenants as it may, in its sole discretion, determine to be appropriate with
any Credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the
security or the value of a Series of Bonds. Such covenants may be set forth by
subsequent resolution adopted prior to or simultaneously with the sale of each Series of
Bonds and shall have the same effect as if such covenants were set forth in full in this
Ordinance.
SECTION 22. PRELIMINARY OFFICIAL STATEMENT. The distribution ofa
Preliminary Official Statement relating to each Series of Bonds is hereby approved in such
form and substance as shall be approved by subsequent resolution of the Issuer.
SECTION 23. SEVERABILITY. If anyone or more of the covenants,
agreements, or provisions of this Ordinance should be held contrary to any express
provision of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separate
from the remaining covenants, agreements or provisions of this Ordinance orofthe Bonds.
SECTION 24. REPEAL OF INCONSISTENT INSTRUMENTS. All ordinances
or resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of
such conflict.
Ordinance No, 7423-05
10
SECTION 25. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its enactment.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form:
Pamela K. Akin
City Attorney
Ordinance No, 7423-05
11
~.larwater
-~
o~
City Council
Ag~nda Cover Memorandum
Tracking Number: 1,298
Actual Date: 04/21/2005
Subject / Recommendation:
Continue Ordinances 7397-05, 7398-05 and 7399-05 to a date uncertain.
Summary:
These ordinances were continued from the meeting of April 7, 2005, due to an error in the
location description. These ordinances are being re-advertised for first and second reading.
Originating: Official Rec and Legislative Svc
Section Second Readings - public hearing
Category: Other
Financial Information:
I-YQ.~ Other
Review Approval
Cvndie Goudeau
04-21-2005
15:49: 18
i'" .....,
i,.J' ..s
c.,(~ -- \
City Council
Agfo:!~cla Cover Memorandum
[ (. 1
Tracking Number: 1,169
Actual Date: 04/21/2005
Subject / Recommendation:
Approve Agreement with The Salvation Army to administer City of Clearwater Utilities We Care
Fund program providing temporary emergency payment of past due City of Clearwater utility
bills for eligible customers of the City Utilities System and authorize the approppriate officials to
execute sa me.
Summary:
The City of Clearwater Utilities We Care Fund was established in December 1991 to assist
individuals and families that experience a temporary financial emergency due to illness, loss of
job or other similar circumstance that presents a hardship in paying their City of Clearwater
utility bill.
From January 1, 1992 to September 30, 2004 the City had an Agreement with the Community
Service Foundation to administer the We Care Fund. During that time approximately $120,000
in financial assistance was proVided to some 2,500 clients. Effective October 1, 2004 the
Community Service Foundation advised the City that it no longer desired to administer the We
Care Fund.
The Salvation Army has agreed to partner with the City of Clearwater and administer the City of
Clearwater Utilities We Care Fund to help households facing temporary financial hardship pay
delinquent City of Clearwater utility bills.
Agreement provides that administrative charges in an amount not to exceed ten per cent of the
monetary amount of each voucher of assistance to qualified recipients may be charged by the
Agency to the Fund. Such administrative charges are to partially defray costs incurred by the
Agency in processing the requests for assistance. Based upon previous agreement, such
charges are not expected to exceed one thousand dollars per year.
Originating: Customer Service
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Operating Expenditure
6Ld Reguired? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
Yes
City Council
Ag~~.~.~......~.~y~1': Memorandu m
Budget Adjustment:
No
Current Year Cost:
$6,000.00
Annual Operating Cost:
$6,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$6,000.00
AQQJ.opriation Code(s)
0555-09884-582000-519-000
Amount
$6,000.00
Comments
Review Approval
Jim Gearv
02-22-2005 15:02:54
04-11-2005 13: 18:09
03-31-2005 07:18:53
04-11-2005 07:53:21
03-31-2005 10:43: 17
04-11-2005 13: 13: 12
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Laura Lipowski
Bill Horne
Rs, \ C-,3- \
City of Clearwater
Utilities We Care Fund
Agreement with
The Salvation Army
(U: 11- \
This Agreement is made and entered into this day of
between the City of Clearwater, a municipal corporation of the State of Florida, whose
mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 hereinafter referred to
as "City", and The Salvation Army, a non-profit corporation of the State of Georgia,
whose address is 1424 NE Expressway N.E., Atlanta, Georgia 30329 hereinafter referred
to as the "Agency".
Witnesseth
WHEREAS, it has been determined highly desirable and socially responsible to
provide a source of funds to City utilities customers in temporary emergency need of
financial assistance in paying their utility bills; and
WHEREAS, the City Utilities We Care Fund, hereinafter referred to as the
"Fund", has been created to allow donations by utilities customers of the City to a fund
for those who may need such temporary assistance; and
WHEREAS, the Agency now provides the professional capability for
administering social service programs for those in need of assistance in paying utility
bills and desires to provide further assistance in paying for utilities supplied by the City;
NOW THEREFORE, the parties agree as follows:
ARTICLE I. PERIOD
This Agreement shall be for an initial period of 12 months commencing on the _ of
and continuing through the _ day of , unless
terminated earlier under the terms of this Agreement. After the initial period, this
Agreement shall continue on a year-to-year basis, unless terminated earlier by either
party under the terms of this Agreement.
ARTICLE II, RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided. The Agency, for its part, shall administer temporary
emergency payment of past due City utilities bills for eligible customers of the City
Utilities System.
2. Eligibility for Assistance. Recipients of Fund monies must be residential customers
of the City Utilities System as verified by the Agency. A customer will generally be
eligible to receive assistance only one time per calendar year with a maximum
amount of assistance of $100.00. The maximum amount of such assistance may be
changed from time to time with the written consent of each party. Fund monies shall
not be used to pay deposits for utility services.
3. Disbursement of Funds. Disbursements shall be made by the Agency by check
payable to the City of Clearwater. All utilities services including applicable fees and
taxes charged on the customer's City Utilities bill shall be eligible for payment. The
Agency shall provide each City utilities customer to whom it has agreed to provide
assistance through the Fund, a voucher that states: Name of customer/recipient;
Address of recipient; City Utilities Account Number of recipient; Amount of Fund
assistance approved; Date of approval; Signature and Title of authorized Agency
employee approving the assistance. The Utility customer shall present the approved
voucher to City Customer Service. City Customer Service will accept and apply the
voucher to recipient's account and forestall collection action against said account.
The Agency shall compile information related to all vouchers of assistance and remit
a check to the City on the first of each month representing the total of all vouchers
issued the previous month.
4. Charges to the Fund. Disbursements for assistance shall be charged to or deducted
from the Fund in the form of the monthly payment to the City as described above.
Administrative charges in an amount not to exceed ten per cent of the monetary
amount of each voucher of assistance to qualified recipients may be charged by the
Agency to the Fund. Such administrative charges are to partially defray costs
incurred by the Agency in processing the requests for assistance,
5. Reports of Fund Activity. The Agency shall provide a monthly report of Fund
activity to the City of Clearwater Director of Customer Service. Reports shall be
received by the City no later than fifteen days after the last day of the month. Reports
shall include: Beginning Fund balance; Name of recipient; Address of recipient;
Clearwater Utilities Account Number of recipient; Amount of Fund assistance
approved; Approval date; Total of Administrative charges; Ending Fund balance.
6. Retention of Records. The Agency shall maintain books, records, documents and
other evidence which accurately reflect Fund activity according to generally accepted
accounting principles and practices, Such records shall be subject to inspection,
review or audit at all times by personnel duly authorized by the City. City shall
provide reasonable notice of any such inspection.
7. Proof of Tax Exempt Status. The Agency shall provide to the City proof of its tax-
exempt status at the time this Agreement is executed.
8. Civil Rights Act of 1964 as amended and Other Applicable Law. In the operation of
this Agreement the Agency shall comply with all provisions of the Civil Rights Act of
1964 as amended, including Titles VI and VII. Agency hereby warrants that it will
comply with applicable law, including but not limited to statutes, ordinances, rules,
orders, regulations, and requirements of federal, state, county, and city governments
and their respective agencies,
9, Indemnification and Insurance, The Agency shall act as an independent contractor in
providing the services contained in this Agreement. The Agency shall be liable for,
and shall indemnify, defend and hold the City harmless, for all claims, suits,
judgments or damages arising from the provision of the services described in this
Agreement during the period in which this Agreement is in effect, and shall provide
insurance coverage at its own expense.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Provision of Funds. The City, for its part, shall provide an annual contribution of
Six Thousand Dollars ($6,000) or such other amount as is approved by the City in
accordance with its annual budgetary process. In addition, the City shall provide
monies collected through the Utilities We Care Fund on a monthly basis to the
Agency as such monies are received by the City.
2. Promotion of the Utilities We Care Fund. Creation, execution, and costs
attendant to activities promoting the fund and soliciting contributions to the Fund
are responsibilities of the City. Informational material may be made available to
the Agency at the Agency's request.
3. Assurance of Assistance. The City shall conduct periodic Agency site visits and
inspections or audits of Agency Fund records to ensure that assistance provided
with Fund monies is performed in accordance with the provisions of this
Agreement.
ARTICLE IV. TERMINATION AND EXPIRATION
1. Without Cause. This Agreement may be terminated, with or without cause, by
either party provided that no less than thirty (30) days' written notice is provided
to the other party.
2. With Cause. Failure to adhere to any of the provisions of this Agreement in
material respect shall constitute cause for immediate termination of this
Agreement.
3. Disposition of Fund Monies. In the event of termination for any reason or
expiration of this Agreement, monies belonging to the Fund shall be returned to
the City for disposition in accordance with Fund objectives,
ARTICLE V, NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date that such notice
is hand-delivered to such party at the address indicated below (or at such address as such
party shall specify to the other party in writing), or if sent by registered or certified mail
(postage prepaid) on the fifth (5th) business day after the day on which such notice is
mailed and properly addressed.
1. If to the Agency, addressed to:
Executive Director,
The Salvation Army
P.O. Box 8070
2. If to the City, addressed to:
Clearwater, FL 33758-8070
City Manager,
City of Clearwater
P.O. Box 4748
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written,
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
By:
William B. Home, II
City Manager
Approved as to form:
Attest:
Laura L. Lipowski, Esq.
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
THE SALVATION ARMY
By:
Treasurer
.
o
..
o.~
Tracking Number: 1,228
City Council
Agenda Cover Memorandum
Actual Date: 04/21/2005
Subject / Recommendation:
Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida.
Summary:
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record.
See attached list.
Originating: Finance
Section Consent Agenda
Cateqory: Other
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Surplus sale revenue
Current Year Cost:
$0.00
Amount
Comments
Revenue to be determined at time of
sale.
Appropriation Code(s)
0010-00000-365902-000-000
Review ARprovg!
Georae McKibben
Garrv Brumback
Jav Ravins
Bill Horne
03-23-2005
11:04:55
04-07-2005
16:24:53
03-28-2005
06:03:01
04-09-2005
22:20:28
F-\tJ-\
( I.d
Cvndie Goudeau
City Council
Agenda Cover Memorandum
04-11-2005 08:10:27
Surplus for April 21 st Council Meeting
I I I REASON FOR I
ITEM # Asset# YEAR I DESCRIPTION I SERIAL NUMBER MILEAGEI SURPLUS I DISPOSAL I
1 20614 6 Way Dozer Blade w/Posi Track Frame POSIBLADE1 N/A obsolete
2 20615 ASV Posi-Track Brushcutter Attachment MAOO03 N/A obsolete
3 G0059 1992 CAMARO 1G1FP23F9NL139365 83,791 AGE & CONDITION
4 G0218 1994 BUICK CENTURY 3G4AG55M5RS620059 79,408 AGE & CONDITION
5 G0360 1993 Brewer Trailer 4EDUS1623PT001036 N/A AGE & CONDITION
6 G0519 1986 Ford F800 w/Auger 1 FDXK84N7GV A 18291 19360 AGE & CONDITION
7 G0677 1990 Ford F-700 Flatbed Dump 1 FDN F70H9L V A36467 54,550 Age, Condo Bed rusted out
8 G0691 1991 CUSHMAN SCOOTER 898530-911 0 2555hrs AGE & CONDITION
9 G0775 1989 GMC 3500 FLAT BED 1 GDJR34K8KF703929 58,019 AGE & CONDITION
10 G1017 1993 Kubota B7100HST-D TLB 68830 1465hrs AGE & CONDITION
11 G1284 1980 MAGIC TILT TRAILER 503093 0 AGE & CONDITION
12 G1305 1988 FORD F250 PICK UP 1FTFF25Y6JNB54087 50,027 AGE & CONDITION
13 G1404 1994 CHEVY 3500 UTILITY BODY 1 GBJC34K6RE312773 80,435 AGE & CONDITION
14 G1467 1995 Ford F250 w/utility body 1 FTHF25H6SNA96850 140,358 BAD ENGINE
15 G1472 1995 FORD CROWN VIC POLICE CAR 2FALP71W9SX152261 109,978 AGE & CONDITION
16 G1573 1996 FORD TAURUS 1FALP52U7TA183925 80,245 AGE & CONDITION
17 G1577 1996 OLDS CIERA 4 dr. 1 G3AJ55MOT6367203 82,982 AGE & CONDITION
18 G1578 1996 OLDS CIERA 4 dr. 1 G3AJ55M9T6368009 84,205 AGE & CONDITION
19 G1581 1996 OLDS CIERA 4 dr, 1 G3AJ55MOT6367444 87,148 AGE & CONDITION
20 G1588 1996 CHRYSLER EAGLE VISION 2E3HD56F5TH229106 80,667 AGE & CONDITION
21 G1591 1996 Chev Monte Carlo 2G1WX12XOT9273237 74,312 AGE & CONDITION
22 G1592 1996 OLDS CIERA 4 dr, 1 G3AJ55M5T6368315 77,067 BAD ENGINE
23 G1644 1996 FORD CROWN VIC POLICE CAR 2FALP71W8TX160322 81,168 BAD TRANSMISSION
24 G1735 1997 FORD CROWN VIC POLICE CAR 2FALP71WXVX120410 92,400 AGE & CONDITION
25 G1789 1997 Crane Carrier Refuse Rear Loader 1 CYCCK483VT043221 77,721 Engine using oil
26 G1792 1997 FORD RANGER PICK UP 1 FTCR 1 OU3VUC97695 91,099 AGE & CONDITION
27 G1845 1998 Sthil TS51 0 cement saw 336077761 N/A agel doesn't runt in box
28 G1903 1998 International wNac-con body 1HTGBADR5WH561315 58,410 AGE & CONDITION
29 G1951 1998 Kubota M5400 Tractor 20685 2060hrs AGE & CONDITION
30 G1955 1998 Samsung SL 180-2 Wheel Loader NDY0417 3536hrs Not running
31 G2059 1999 Alamo 60" rotary mower attachment 1711 N/A AGE & CONDITION
32 G2176 1999 Kawasaki Mule 2520 utility vehicle JK1AFCB18YB503473 2267 HR. age I condition
33 G2177 1999 Kawasaki Mule 2520 utility vehicle JK1AFCB15YB503446 2856 HR. age I condition
34 G2199 1999 Kawasaki Mule 2520 utility vehicle JK1AFCB18YB503540 2899 HR. age I condition
35 G2299 2000 FORD EXPLORER 4X4 1 FMZU71 E6YUB54162 58,619 AGE & CONDITION
36 G2727 2002 Bobcat 863 Skid Loader 514450339 3129hrs Worn out
37 Pallet of edging arms for Hustler Riding Mowers obsolete
38 Blower attachment wi Kawasaki engine for a mower obsolete
39 2 pallets of steel truck split rims N/A obsolete
40 Concrete Bucket for Crane N/A obsolete
City Council
Ag~~~c:I(:~Y~" Memorandum
Tracking Number: 1,229
Actual Date: 04/21/2005
Subject / Recommendation:
Approve a contract with Bryant, Miller & Olive, P.A. for City of Clearwater Bond Counsel, for a
period of five (5) years and authorize the appropriate officials to execute same.
Summary:
As the result of an RFP for Bond Counsel and Disclosure Counsel, six (6) firms responded with
submittals. After the initial evaluation of these proposals by the Bond/Disclosure Counsel
Selection Committee, the four (4) top ranked firms were invited to make formal presentations.
The firms selected in alphabetical order were Bryant, Miller & Olive, P,A.; Holland & Knight;
Nabors, Giblin & Nickerson, P.A.; and Squire, Sanders & Dempsey,
The Bond/Disclosure Counsel Selection Committee includes the following City employees: Pam
Akin, City Attorney; Margaret Simmons, Finance Director; Geraldine Campos, Economic
Development Director; Keith Bush, Public Works Controller, and Bill Kleinsorge, Finance
Controller.
After the completion of the formal presentations, the Selection Committee selected the firm of
Bryant, Miller & Olive, P.A., to provide bond counsel services.
Bryant, Miller & Olive, P.A. is the City's current bond counsel and is well respected for its
expertise in Florida municipal finance and has provided the City with timely, professional, and
quality service.
The attached agreement with Bryant, Miller & Olive, P.A. has been reviewed by the City
Attorney.
Oriqinating: Finance
Section Consent Agenda
Cateqorv: Agreements/Contracts - with cost
Financial Information:
TYDe: Debt - Bond
Bid Required? Yes
Bid Numbers: 07-05
Review Approval
Maroie Simmons
03-29-2005
16:49:28
Cvndie Goudeau
04-11-2005
08:07:24
Tina Wilson
03-30-2005
08:46:23
\=-\N- J
n~3
Garrv Brumback
Pam Akin
Bill Horne
City Council
~g~!:!~!t~~,Qy~~..M emora n dum
04-07-2005 16:57:45
03-30-2005 09:26:21
04-09-2005 22:26:30
~', ~N-2..
<R l" : tJ"3
BOND COUNSEL RETAINER AGREEMENT
THIS AGREEMENT made this _ day of , 2005 by and between
the CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA (the "City"),
P.O. Box 4748, Clearwater, Florida 33758-4748, and the law Bond Counsel of
BRYANT, MILLER & OLIVE, P.A., TALLAHASSEE, FLORIDA ("Bond Counsel"),
201 South Monroe Street, Suite 500, Tallahassee, Florida 32301.
WITNESSETH:
WHEREAS, the City wishes to retain a Bond Counsel to serve as Bond
Counsel to the City in connection with various bond issues and other matters for
five (5) years; and
WHEREAS, pursuant to the City's request for proposals, Bond Counsel
has been selected to provide the desired services on terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the promises and mutual
covenants contained herein contained, the parties do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS BOND COUNSEL.
Bond Counsel is hereby authorized to provide Bond Counsel services as
described in this Agreement and for the professional fees described in this
Agreement.
SECTION 2. TERM. This Agreement will be effective for five (5) years
from the date of execution.
SECTION 3. BOND COUNSEL SERVICES. Bond Counsel hereby agrees
to provide its professional services and facilities in connection with all bond
issuance and other debt activities of the City subject to the conditions and in
consideration of the payment of fees set forth herein. Bond Counsel agrees, at
the request of the City, to:
(A) Review proposed financing programs as to the legal feasibility,
compliance with applicable law and pending or proposed revision to the
law, including U.S. Treasury regulations.
(B)Advise as to structuring procedures, required approvals and filings,
schedule of events for timely issuance, potential cost-saving techniques
and other legal matters relative to issuance of the debt instrument(s).
(C)Attend meetings with City Staff and officials, the City's financial advisor,
underwriters, rating agencies and others as appropriate for development
or sale of bonds or dissemination of information in connection therewith.
(D) Prepare bond ordinances or resolutions and any amendments thereto in
order to authorize the issuance of the bonds.
(E) Prepare any trust indenture; escrow deposit agreement; registrar or
paying agent agreement; and any other agreements of similar documents
necessary, related or incidental to the financing.
(F) Prepare all pleadings (e.g. complaint, notice of service, proposed answer,
memorandum of law, proposed order, etc.) and, as requested by the City
Attorney, assist in or conduct the validation hearing.
(G)Review the transcript of all proceedings in connection with the foregoing
and indicate any necessary corrective action.
(H) If sale is by competitive bid, assist in preparation of the bid documents,
notice of sale, evaluation of bids and any other documentation or action
necessary to conduct a sale of the bonds in that manner.
(I) Review all disclosure documents prepared or authorized by the City
insofar as such documents describe the bonds and summarize the
underlying documents. However, the Bond Counsel assumes no
responsibility for the disclosure documents insofar as such documents
describe the financial circumstances of the offering or any other statistical
projections or data and the Bond Counsel assumes no responsibility for
preparing "Blue Sky Memorandums," registering obligations of the City in
any State or for preparing /egal investment surveys.
(J) Prepare, obtain, deliver and file all closing papers necessary in connection
with the sale and issuance of the bonds, including, but not limited to,
certified copies of all minutes, ordinances, resolutions and orders;
certificates such as officers, seal, incumbency, signature, no prior pledge,
arbitrage and others; and verifications, consents and opinions from
accountants, engineers, special consultants and attorneys.
(K) Review all underwriting proposals, prepare all closing documents and
attend and assist in the closing.
(L) Render an opinion in written form at the time the bonds are delivered,
which opinion will cover (1) the legality of the bonds and the proceedings
by which they are issued and (2) the exemption from gross income for
federal income tax purposes of the interest paid on the bonds.
SECTION 4. PROFESS/ONAL FEES FOR BOND COUNSEL SERVICES.
A. The City and Bond Counsel agree to the following schedule of fees in
connection with bond counsel representation:
Fixed Rate
General
ObIigatioo
Bonds*
Fixed Rate
Revenue
Bonds*
Variable Rate
Revenue Bonds*
FIRST $45,000,000
$45,000,000 AND N!lJVE
@ $.55
@ .45
@ $1.40
@ ,90
@ $1,50
@ 1,00
*PER $1,000
The minimum fee for general obligation bonds and city revenue bonds is
$15,000.
B. For conduit financings, the City agrees that the Bond Counsel shall be
compensated for the above services at the time bonds are delivered
according to the following schedule:
FIRST
SECOND
NEXT
NEXT
IN EXCESS OF
$ 5,000,000
5,000,000
10,000,000
10,000,000
30,000,000
@$5.00 per $1,000
3,00 per $1,000
2.00 per $1,000
1,70 per $1,000
1.00 per $1,000
The minimum fee for industrial development bonds and private activity
bonds is $30,000. Expenses will be capped at $7,500 but subject to
negotiation in unusual cases. The Bond Counsel understands that fees
for conduit financings shall be paid by the obligor and not by the City.
C. The above fees include bond validation proceedings on behalf of the City
exclusive of appeal proceedings.
SECTION 5. ANCILLARY SERVICES. In addition to being asked to
perform typical Bond Counsel services in connection with various issues of the
City as noted, above, Bond Counsel agrees to provide certain ancillary services,
such as ongoing consultation with the City on routine matters, i.e., phone
conversations, short correspondence and simple advice on proposed or closed
transactions without additional cost. Other services such as preparation of
legislation, preparation of ruling requests to the Internal Revenue Service for
rulings required in particular financing, seeking no action letters from the
Securities and Exchange Commission and performance of other legal services at
the request of the City shall be performed at the rate of $195.00 to $225.00 per
hour based on the level of the attorney providing the services and the complexity
of the matter involved. No such services will be undertaken without prior
approval of the Finance Director and the City Attorney on the scope of the
requested legal services and the estimated costs of said services.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses
shall be made by the City to the Bond Counsel for reasonable out-of-pocket
expenses as described above without markup including but not limited to long
distance calls and facsimiles, copying or reproducing documents, postage, court
costs, parking costs and travel incurred by Bond Counsel in performance of the
duties hereunder. Travel and per diem costs as well as auto travel expenses
shall not exceed that which is available to City of Clearwater employees.
SECTION 7. INDEMNIFICATION AND INSURANCE. Bond Counsel
agrees to protect, defend, indemnify and hold the City and its officers, employees
and agents free and harmless from and against any and all losses, penalties,
damages, settlements, costs, charges, professional fees or other expenses or
liabilities of every kind and character arising out of or due to any negligent act or
omission of Bond Counsel, its employees, agents and subcontractors in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Bond
Counsel shall procure and maintain during the life of this Agreement professional
liability insurance in an amount in excess of $1,000,000. This provision shall
survive the termination of this Agreement.
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Bond Counsel that Bond Counsel is not aware of any clients of the Bond Counsel
that currently present any conflict between the interest of the City and other
clients of Bond Counsel. If any potential conflict of interest arises during the time
Bond Counsel is representing the City, Bond Counsel will promptly inform the
City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. This Agreement may be amended only by a writing duly entered into by
the City and Bond Counsel.
SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel
or terminate this Agreement upon thirty days advance written notice to Bond
Counsel. In the event of cancellation, Bond Counsel shall immediately cease
work hereunder and shall be reimbursed for eligible and documented
reimbursable expenses incurred prior to the date of cancellation. Further, it is
understood and agreed between the City and Bond Counsel that Robert C.
Reid, Grace Dunlap and Randall W. Hanna will be the lead attorneys assigned
by Bond Counsel to provide the services contained herein. The City in its
absolute discretion may immediately terminate this Agreement upon written
notice to Bond Counsel if the services of any of these attorneys are unavailable
to the City.
IN WITNESS WHEREOF, the City and Bond Counsel have executed this
Agreement as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form and
legal sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Witnesses:
Bryant, Miller & Olive, P.A.
By:
Title:
City Council
Ag~I'I.~.~......~..!?Y.~~ M emora nd u m
F.)\'J .~ '~
II ,L..J
Tracking Number: 1,230
Actual Date: 04/21/2005
Subject / Recommendation:
Approve contract with Nabors, Giblin, & Nickerson, P.A. for City of Clearwater Disclosure
Counsel, for a period of five (5) years and authorize the appropriate officials to execute same.
Summary:
As the result of an RFP for Bond Counsel and Disclosure Counsel, six (6) firms responded with
submittals. After the initial evaluation of these proposals by the Bond/Disclosure Counsel
Selection Committee, the four (4) top ranked firms were invited to make formal presentations.
The firms selected in alphabetical order were Bryant, Miller & Olive, P.A.; Holland & Knight;
Nabors, Giblin & Nickerson, P.A.; and Squire, Sanders & Dempsey.
The Bond/Disclosure Counsel Selection Committee includes the following City employees: Pam
Akin, City Attorney; Margaret Simmons, Finance Director; Geraldine Campos, Economic
Development Director; Keith Bush, Public Works Controller, and Bill Kleinsorge, Finance
Controller.
After the completion of the formal presentations, the Selection Committee selected the firm of
Nabors, Giblin & Nickerson, P.A., to provide disclosure counsel services.
Nabors, Giblin & Nickerson, P.A. is the City's current disclosure counsel and specializes in the
representation of local governments and municipal finance with a broad base of disclosure
counsel experience in the State of Florida.
The City retains the right to terminate the agreement at any time providing Nabors, Giblin &
Nickerson, P.A. is given thirty days written notice in advance of such termination.
OriginatiQg:., Finance
Section Consent Agenda
Category: Agreements/Contracts - with cost
Financial Information:
~ Debt - Bond
Bid Required? Yes
Bid Numbers: RFP 07-05
Review Approval
Maraie Simmons
03-29-2005
16:53:20
Cvndie Goudeau
04-11-2005
08:06:39
Tina Wilson
03-30-2005
08:44:41
Garrv Brumback
Pam Akin
Bill Horne
City Council
j.\genda Cover Memorandum
04-07-2005 16:58:18
03-30-2005 09:27:02
04-09-2005 22:28:07
DISCLOSURE COUNSEL RETAINER AGREEMENT
~ " +1(\/-3
r K2-" 11, 01
THIS AGREEMENT made this _ day of , 2005, by and
between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758,
hereinafter referred to as the "City" and the law firm of Nabors, Giblin &
Nickerson, P.A., 2502 Rocky Point Drive, Suite 1060, Tampa, Florida 33607,
herein after referred to as the "Disclosure Counsel".
WITNESSETH:
WHEREAS, the City wishes to retain a firm to serve as Disclosure
Counsel to the City in connection with various bond issues and other matters for
five (5) years. ; and
WHEREAS, pursuant to the City's request for proposals, Disclosure
Counsel has been selected to provide the desired services on terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the promises and mutual
covenants contained herein and in the Agreement, the parties do hereby agree
as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS DISCLOSURE
COUNSEL. Disclosure Counsel is hereby authorized to provide Disclosure
Counsel services as described in this Agreement and for the professional fees
described in this Agreement.
SECTION 2. TERM. The term of the Agreement will be effective for five
(5) years from the date of execution.
SECTION 3. DISCLOSURE COUNSEL SERVICES. Disclosure Counsel
hereby agrees to provide its professional services and facilities in connection with
all bond issuance and other debt activities of the City subject to the conditions
and in consideration of the payment of fees set forth herein. Disclosure Counsel
agrees, at the request of the City, to:
(A) Consult with City officials and staff concerning disclosure questions and
issues relating to the initial issuance of bonds or other indebtedness and
continuing disclosure requirements.
(B) Attend, upon request, meetings of the City Council (the "Council") or any
meeting of staff, relating to the issuance of bonds or disclosure matters;
(C) Prepare and review the City's bond purchase agreement in the event
bonds are offered pursuant to a negotiated sale;
(D) Prepare and/or review the City public sale solicitation documents in the
event bonds are offered pursuant to a competitive bid;
(E) Prepare the City's preliminary and final official statements in connection
with any bond offering;
(F) Supervise and coordinate the printing and delivery of the preliminary and
final official statements;
(G)Review all bond documents prepared in connection with an issuance of
bonds to the extent such documents involved disclosure matters;
(H) Provide a written 10(b)-5 disclosure opinion to the City at the time any
bonds are issued;
(I) Provide a reliance letter or written 1 O(b )-5 disclosure opinion to the
underwriters at the time any bonds are issued;
(J) Consult with City officials and staff regarding all matters relating to
continuing disclosure requirements, specifically those now imposed by the
Securities and Exchange Commission Rule 15c2-12, as amended (the
"Rule"). Disclosure Counsel's responsibilities with respect to continuing
disclosure shall involve, but not limited to, the following issues:
(1) determination of "material events" (as defined in the Rule) and
timely disclosure of same:
(2) yearly compilation, determination and disclosure of "annual
information" (as described in the Rule);
(3) yearly disclosure of audited financial statements:
(4) timely disclosure of any material failure by the City to comply with
the Rule:
(5) determination and preparation of new language required by the
Rule to be included in bond resolution and official statements;
(6) obtaining assurances and obligations from other "material persons"
or "obligated personas": (as such terms are defined in the Rule)
involved in a bond transaction that such persons will comply with
the Rule; and
(7) any and all matters regarding the Rule and the City's continuing
disclosure obligations.
SECTION 4. PROFESSIONAL FEES FOR BOND COUNSEL SERVICES.
The City and Disclosure Counsel agree to the following schedule of fees in
connection with Disclosure Counsel representation:
First $10,000,000
Above $10,000,000
$1. 1 0*
$0.90*
*Per $1 ,000
$5,000 minimum
SECTION 5. ANCILLARY SERVICES. In addition to being asked to
perform typical services in connection with various issues of the City as noted,
above, Disclosure Counsel agrees to provide certain ancillary services, such as
ongoing consultation with the City on routine matters, i.e., phone conversations,
short correspondence and simple advice on proposed or closed transactions
without additional cost. Other services such as continuing disclosure services
and performance of other legal services at the request of the City shall be
performed at the rate of $150 per hour for partners and $125 per hour for
associate attorney time. No such services will be undertaken without prior
approval of the Finance Director and the City Attorney on the scope of the
requested legal services and the estimated costs of said services.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses
shall be made by the City to the Disclosure Counsel for reasonable out-of-pocket
expenses as described above without markup including but not limited to long
distance calls and facsimiles, copying or reproducing documents, postage, court
costs, parking costs and travel incurred by Disclosure Counsel in performance of
the duties hereunder. Travel and per diem costs as well as auto travel expenses
shall not exceed that which is available to City of Clearwater employees.
SECTION 7. INDEMNIFICATION AND INSURANCE. Disclosure Counsel
agrees to protect, defend, indemnify and hold the City and its officers, employees
and agents free and harmless from and against any and all losses, penalties,
damages, settlements, costs, charges, professional fees or other expenses or
liabilities of every kind and character arising out of or due to any negligent act or
omission of Disclosure Counsel, its employees, agents and subcontractors in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Disclosure
Counsel shall procure and maintain during the life of this Agreement professional
liability insurance in an amount in excess of $1,000,000. This provision shall
survive the termination of this Agreement.
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Disclosure Counsel that Disclosure Counsel is not aware of any clients of the
Disclosure Counsel that currently present any conflict between the interest of the
City and other clients of Disclosure Counsel. If any potential conflict of interest
arises during the time Disclosure Counsel is representing the City, Disclosure
Counsel will promptly inform the City. The City is under no obligation to agree to
permit the conflict representation.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. This Agreement may be amended only by a writing duly entered into by
the City and Disclosure Counsel.
SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel
or terminate this Agreement upon thirty days advance written notice to
Disclosure Counsel. In the event of cancellation, Disclosure Counsel shall
immediately cease work hereunder and shall be reimbursed for eligible and
documented reimbursable expenses incurred prior to the date of cancellation.
Further, it is understood and agreed between the City and Disclosure Counsel
that L. Thomas Giblin and W. Daniel Tyler will be the lead attorneys assigned by
Disclosure Counsel to provide the services contained herein. The City in its
absolute discretion may immediately terminate this Agreement upon written
notice to Disclosure Counsel if the services of any of these attorneys are
unavailable to the City.
IN WITNESS WHEREOF, the City and Disclosure Counsel have executed
this Agreement as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form and
legal sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
Witnesses:
Nabors, Giblin & Nickerson, P.A.
By:
Title:
Sw.~\
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City Council
Ag~!:!!:!~"~,~~~!~..,..~~.~~rCJnd u m
11.5
Trackinq Number: 1,204
Actual Date: 04/21/2005
Subject / Recommendation:
Award a contract for the purchase of six (6) Cummins generators and six (6) Onan automatic
transfer switches to Cummins Southeastern Power, Inc. for the sum of $168,446.35, which is the
standard established by the City of Clearwater for standby generators and approve the installation
of these generators at a cost not to exceed $135,300 and establish a capital improvement project
in the amount of $303,746.35 to cover the cost of generators and related installation costs and
that the appropriate staff be authorized to execute same.
Summarv:
Solid Waste/General Services has assumed responsibility for all city generators. As part of the
process we assessed the status of generators citywide. We found inadequacies in both the Fire
Department and the Municipal Services Building.
In the Fire Department, each of Clearwater's nine (9) fire stations require generator back-up
support to cover power outages. Of these nine stations, five have generators that, although
operational, have over 25 years of service time, are obsolete and for which parts are no longer
available. Of these five, two generators are currently offline due to lack of parts with which to
repair the units and the other three generators are too small to adequately supply the power
needs of the stations they support. All five generators need to be replaced. The new generators
are large enough to power each station, but must be located outside the building to meet code
and accomodate the required "walk zone" for maintenance and repair. New transfer switches are
also required and must be mounted in their current locations to minimize wiring changes and
reduce installation costs. The cost of these generators, with transfer switches is $139,373.21.
Installation costs are $70,300. The five stations are:
Fire 45 - Downtown
Fire 46 - North Beach
Fire 47 - Lakeview
Fire 48 - Belcher
Fire 50 - Countryside
The MSB has two UPS (Uninterruptible Power Supply). One is dedicated to the support of the
Information Technology Department (IT). The second UPS supports the Traffic Signal Division
and a portion of IT. The current generator will support only one UPS and some lighting. An
additional generator is needed to support the new UPS and the additional equipment in both
Traffic Engineering and IT. The cost of the new generator and automatic transfer switch is
$29,073.14. The new generator must be installed outside the MSB. The labor to install
generator, construct concrete pad, purchase materials and realign wiring
for this project will not exceed $65,000. An electrical engineer is finalizing the drawings at the
present time so installation costs are not clearly defined but should not exceed the above costs.
The installations will be accomplished by the Building and Maintenance Staff and subcontracors to
minimize cost.
The total estimated cost for the purchase of the generators and installation is estimated at
$303,746.35. Funding for this cost will be provided by the mid year transfer of $292,352.72 from
capital improvement project 315-91243, Clearwater Mall Fire Sstation, to establish a new project
315-94617, Fire Stations & MSB Generators. This balance represents a savings in the final
construction cost of the Clearwater Mall Fire Station, and will close this project. The balance of
$11,393.63 will be provided by a mid year transfer from the unappropriated retained earnings of
the General Fund.
...
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City Council
'NcAg~~~~~,~,9N~~!'m~~n~9ra nd u m
Originatinq: Solid Waste/General Services
Section: Consent Agenda
Category: Basic Purchasing item for another department
User Department: Fire and Rescue Department
Public Hearinq: No
Financial Information:
~ Purchase
Bid Required? No
Bid ExceDtions:
Sole Source
In Current Year Budget?
No
Budqet Adjustment:
No
Current Year Cost:
$303,746.35
Review Approval
Bob Brumback
Georqe McKibben
Bill Horne
Rick Carnlev
Tina Wilson
Garrv Brumback
Jamie Geer
Bill Vola
Bryan Ruff
03-17-2005 10:17:31
03-25-2005 16:47:23
04-15-2005 14:03:28
03-18-2005 14: 10: 16
03-28-2005 08:17:14
04-11-2005 07: 59: 58
03-25-2005 15:23:27
04-07-2005 16: 19:22
04-15-2005 09:12:46
City Council
Ag~!'!~~~~~~r~emorand um
ff'..)h-' ~
j). b
Tracking Number: 1,195
Actual Date: 04/21/2005
Subiect / Recommendation:
Approve a work order to McKim and Creed, PA, in the amount of $164,600.00 for engineering
design services associated with the City's Water Main Replacement project, Phases 15, 16, and
17 (05-0003-UT) and authorize the appropriate officials to execute same.
Summary:
1. Water main Phases 15, 16 and 17 are the final phases in a Citywide effort, that
started almost twenty years ago, to upgrade the potable water system. This project
is designed to implement improvements that will enhance water quality, maintain the
integrity of the drinking water system and ensure continued service to our citizens.
2. The project area includes portions in the following proposed locations by phase:
Phase 15 - 6 sections east and 7 sections west of Hercules Avenue near the Clearwater
Ai rpa rk
Phase 16 - 5 sections east and 7 sections west of McMullen Booth Road near the Del Oro
subdivision, and 2 sections south of Seville Boulevard and east of US Highway 19
Phase 17 - 5 sections east of Belcher Road, between Belcher Road and Old Coachman Road
3. The scope includes the design of approximately 38,000 linear feet of water main
including 3,500 linear feet that will be incorporated into the Del Oro Groves Reclaimed
Water Project. Design is expected to be complete within six months of notice to
proceed.
4. McKim and Creed is one of the City's Engineers-of-Record, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
5. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to
reimburse certain project costs incurred with future tax-exempt financing. The
projects identified with 2006 revenue bonds as a funding source were included in the
project list associated with Resolution 04-36.
6. Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds
when issued is available in the Capital Improvement Program project, 378-96759, Water
Main Phases 15,16,17, to provide the funding for this Work Order.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
EaR
Total Cost:
$164,600.00
City Council
J.\gel'l~C1~Q"E!r, Memorandum
Appropriation Code(s)
0378-96759-561300-533-000
Review Approval
Glen Bahnick
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Tina Wilson
Garry Brumback
Amount
$164,600.00
Comments
03-31-2005 11 :23: 10
04-01-2005 13:42:23
04-09-2005 22:30:48
03-31-2005 15:19:20
04-11-2005 07:58:53
04-01-2005 09:04: 12
04-07-2005 17:04: 11
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Location Map For New Water Mains
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
McKIM & CREED. P.A. WORK INITIATION FORM
~'rEN6r -L1
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DATE: February 28,2005
City Project No: 05-0003-UT
M/C Project No: 009920137
1. PROJECT TITLE: Water Main Replacement Phases XV, XVI, and XVII
2. SCOPE OF WORK:
SUMMARY
The City of Clearwater prepared preliminary design drawings in 1996 to replace existing
potable water mains at several locations within the City of Clearwater. The original project
was entitled "Water Main Replacement Phases XV, XVI, and XVII," but was not constructed.
The City has now decided to go forward with this project. The City has requested that McKim
& Creed, PA prepare construction drawings based on the 1996 City design, update the
backgrounds using the City's current aerials, field check for visible changes that would affect
construction, request updated utility location information from private utilities and convert that
information to base sheets and provide surveying and subsurface utility excavation (SUE) if
needed at locations such as critical tie-ins/major intersections that need verification. It is
understood that the City is not requiring detailed topographic survey for this project, however,
it is recommended and is included as an option for this project.
The City's preliminary design was divided into drawing sheets that will be referred to as
sections and three phases. The project area includes portions in the following proposed
locations by Phase:
Phase XV - 6 sections east and 7 sections west of Hercules Avenue near the Clearwater
Airpark,
Phase XVI - 5 sections east and 7 sections west of McMullen Booth Road near the Del Oro
subdivision, and 2 sections south of Seville Boulevard and east of US Hwy 19,
Phase XVII - 5 sections east of Belcher Road, between Belcher Road and Old Coachman
Road.
A portion of the water main replacement in Phase XVI is located in the Del Oro Groves
neighborhood, and could be incorporated into the current reclaimed water project currently at
the 90 percent design completion stage. This portion of the water main replacement would be
authorized as part of this work assignment, and be incorporated into the reclaimed water
project to avoid multiple disruptions in the community. The Scope of Work described below
would apply to this portion of the work assignment.
This project includes the design of approximately 38,000 linear feet of water main including
approximately 3,500 linear feet for the Del Oro portion,
Additional survey is recommended for the Del Oro portion since the survey performed on that
project did not include some areas where the water mains are to be replaced, It is also
recommended that the remaining water main replacement locations be surveyed in order to
PW04776
more accurately represent existing conditions. Existing features shown on the preliminary
drawings are approximately 9 years old. The survey would include inverts of sanitary sewers,
storm drains and inlets, and water valve locations. This information will be incorporated into
the design drawings. It is not known if subsurface conflicts will be encountered. Therefore, it
is recommended that allowances be included for subsurface investigations including
Subsurface Utility Excavation (SUE) work and geotechnical engineering during the design
phase of the work. There are at least four crossings of major roads including one at Druid
Road and three at Old Coachman Road.
The scope of work to be provided is outlined as follows:
SCOPE OF WORK
Phase 1
Preliminary Design
1. Conduct a project Kick-Off Meeting with City Staff to review project goals, scope of work,
project schedule, and administrative issues.
2. Review existing design (1996) and determine its appropriateness. Interview City staff in
order to retrieve pertinent anecdotal information, and confirm system requirements.
3, Review existing utility locations, easement and Right-of-Way access along routes to
identify potential conflicts that will require resolution. Perform a detailed survey including
locating sanitary sewer, forcemains, storm drains and inlets, and water valves, and
determining invert elevations of sanitary sewers, storm drains and inlets. Other utility
information will be obtained from specific utility companies or through locate services,
4. Identify the various permits required for the construction of these proposed facilities (i.e.
FOOT, City of Clearwater, and Pinellas County), and meet with the agency staff as
appropriate,
5. Review construction activities that will require specific traffic control planning during the
project.
Phase 2
Final Design
1. Incorporate the approximately 3,500 linear feet of water main replacement into the Del Oro
reclaimed water project. Supplement the Del Oro reclaimed water project Bid Form,
Measurement and Payment, design drawings, technical specifications and contract
documents with the water main improvements. The work will include PCHD permitting and
certification, survey and detailed design,
2. Coordinate with utility companies and Clearwater Gas to identify existing utilities along the
project route,
3. Conduct subsurface investigations if conditions warrant and SUE to locate specific surface
features where potential conflicts may exist along the routes of the proposed water main
replacement. Prepare plan drawings over the most recent aerial photographs (provided by
the City) of the proposed water main replacement routes including details and
requirements. Prepare plans of connections and special details (conflict structures,
roadway crossings, cross sections, and other special details as directed by the City) for
the construction. Develop geometric requirements for directional drill pipe installation as
appropriate.
4, Develop technical specifications for the installation of the water main replacement.
Coordinate the specifications and other contract requirements with the City's Standard
Contract Documents and form of construction contract. Develop requirements for traffic
control plans for the Contractor's activities in road rights-of-way,
5. Prepare and submit six (6) sets of plans and technical specifications at the 30%, 60%,
90% and 100% complete stages of the design.
6. Prepare Engineer's Opinion of Probable Construction Cost for the project based on the
system components to be constructed for these location phases. Engineer's Opinion of
Probable Construction Costs will be submitted at the 30%, 60%, 90% and 100% design
completion stage.
7. Respond to comments by the City and incorporate appropriate revisions into the project.
8. Prepare contract documents using City standard contract forms, Prepare Supplemental
Conditions, Bid Form and Measurement and Payment sections.
9. Prepare Right-of-Way utilization permits for work proposed within FOOT rights-of-way and
Pinellas County rights-of way. Assist the City in preparing a temporary access agreement
if required with Progress Energy to design and construct a water main within their
easement.
10. Prepare new water main permit applications to PCHD and submit on behalf of the City for
the project. All permit fees will be provided by the City, PCHD certifications of completion
will be provided by the City after construction completion,
11. Conduct review meetings with the City at milestone stages (30%, 60%, 90% and 100%
design) of the project to maintain communications between the project team, as reflected
in the proposed project schedule.
Phase 3
Bidding Services
1. Direct and attend a Pre-Bid Conference to review project requirements with prospective
Contractors.
2. Respond to questions concerning this project, issue clarifications to the contract
documents and prepare addenda as necessary.
3. Review bids received and make a recommendation for award of the contracts. Prepare
draft Agenda Cover Memorandum,
3. PROJECT GOALS - WORK PRODUCTS:
1. Engineer's Opinion of Probable Construction Cost at 30%, 60%, 90%, and 100% design.
2, Progress Drawings at 30%,60%,90% and 100% (6 Copies) and Technical Specifications
at the 90% and 100% design,
3. One signed and sealed set and five (5) copies of the Final Design Documents and
Contract Documents for water main replacement construction with complete copies to
distribute for bidding.
4. Recommendation of Contract Award.
4. BUDGET
The Preliminary and Final Design Phase and the Bidding Phase services will be performed on
a Lump Sum basis in accordance with the Engineer of Record Contract. The fees for the
various tasks are outlined below and include costs for surveying and subsurface investigation.
Phase 1 - Preliminary Design
TOTAL
$54,745.00
$103,537.00
$6,318.00
$164,600.00
Phase 2 - Final Design
Phase 3 - Bidding Services
5. SCHEDULE
We will complete the design tasks as outlined in the schedule below based receiving
authorization from the City on or before March 16, 2005:
30% Design
60% Design
90% Desig n
100% Design
Weeks From Authorization to Proceed
8
13
18
25
A more detailed project schedule will be provided to the City within two weeks of the Notice to
Proceed,
6. STAFF ASSIGNMENTS:
City:
McKim & Creed:
Lisa Murrin, PE, Rob Kalch, EI
Daniel Glaser, PE, Allison McKinney, EI
7. CORRESPONDENCE/REPORTING PROCEDURES:
All McKim & Creed Correspondence will be directed to Daniel E, Glaser, PE. All City
correspondence will be directed to Rob Kalch, EI, with copies to Lisa Murrin, PE.
8. INVOICING/FUNDING PROCEDURES:
Please invoice monthly for work performed as detailed in McKim & Creed Continuing
Contract. Invoices will be transmitted to the City of Clearwater, Attn: Marty Pages, 100 S,
Myrtle Ave., #220, Clearwater, FL, 33756-5520, or P.O. Box 4748, Clearwater, FL, 33758-
4748.
Charge this work to City Code No:
0378-96759-561300-533-000-0000
9. ENGINEER CERTIFICATION
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statute 471, that the above project's site and/or construction plans meet or exceed all
applicable design criteria specified by City municipal ordinance, State, and Federal established
standards, I understand that it is my responsibility as the project's Professional Engineer to
perform a quality assurance review of these submitted plans to ensure that such plans are free
from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate
of Occupancy does not relieve me of my own quality assurance review, I hereby certify that all
facilities have been built substantially in accordance with the approved permit design plans and
that any substantial deviations (described in attachment) will not prevent the system from
functioning in compliance with the requirements of applicable regulatory authority.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents which I may subsequently tender.
10. SPECIAL CONSIDERATIONS: None
PREPARED BY:
CITY:
Michael D. Quillen, PE
City Engineer
McKim & Creed:
A. Street Lee, PE
Vice President
Attachment "A"
CITY DELIVERABLES
FORMAT
The design or survey plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum
of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement
shall be the United States Foot. Any deviation from this datum will not be accepted unless
reviewed by City of Clearwater Engineering/Geographic Technology Division.
An AutoCAD LandDesktop 3,0 or later drawing file with all dependent files shall be submitted, NOTE: If
approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all
necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for
plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in
the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall
be included, Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email
address tommahonv@clearwater-fl,com
~ All electronic files must be delivered upon completion of proj ect or with 100% plan submittal to City of
Clearwater.
ATTACHMENT "A"
PROJECT BUDGET
CITY OF CLEARWATER
WATER MAIN REPLACEMENT PHASES XV, XVI, and XVII
PHASE PRIN PROJ SNR PROJ CAD CONS CLER
1.1 Kick-Off Meeting 2 2 2 2 1
1.2 Review Existing Information 4 8 16 8 4
1,3 Route/Utility Evaluation and Survey
Coordination 4 4 24 8 2
1.4 Permit Identification 1 4
1.5 Identify Traffic Control Issues 1 2 8
S~~~~;~~~ OF iBOR H~UTlil.l 12 16 54 16 7
!''l'/''l} ,..."....
SIGN.,::"ii, ",;i
2,1 Subsurface Investigations 1 2 2
2,2 Utility Coordination 1 2 8 2
2.3 Initial Project Layout 1 1 4 8 40
2.4 Apply Design to Del Oro 16 40 80 80 16
2.5 Technical Specifications 4 16 40 50
2.6 Design Phases 30,60,90, 100% 4 16 40 120 240 8
2.7 Construction Cost Opinions 1 1 4 16 8
2.8 Respond to City Comments 1 8 8 8 20 8
2.9 Contract Documents 4 8 8 20
2,10 Coordinate with PCHD 2 8 8 20
2,11 Permit Meetings 2 8 8
2,12 Permit Applications 2 8 16 8
2,13 City Review Meetings 4 8 8 8
I~I"~~U:;Z;AL ~!: LABOR HOUiJII t 66 d; 330 400 120
,',i, 'Y'.),", ",;Vi
. i.y
3,1 Attend Pre-Bid Conference 2 2 2
3.2 Respond to Questions/Prepare
Addenda 2 4 8 8 8 8
3.3 Review Bids, Bid Recommendation 1 2 4 6 4 4
TOTAL MANHOURS 14 84 180 400 424 14 140
COST SUMMARY
CITY OF CLEARWATER
WATER MAIN REPLACEMENT PHASES XV, XVI, and XVII
Surve
Geotechnical Allowance
Direct Costs
SUE Allowance
Direct Costs
Direct Costs
Subtotal
TOTAL
9,745
39,000
5,000
1,000
90,442
10,000
3,095
$
$
$
5,818
500
6,318
$ 164,600
~t0C:i\- C:~~)
City Council
A9E!1"!~~c~QYE!rMemora nd u m
11. /
Tracking Number: 1,243
Actual Date: 04/21/2005
Subject / Recommendation:
Award a contract to Appalachian Material Service, Inc. (APS), of Terra Ceia, Florida in the
amount of $2,844,400.00 for Biosolids Services (04-0063-UT) (RFP #16-05), and that the
appropriate officials be authorized to execute same.
Summary:
The City of Clearwater solicited proposals/bids (RFP) from qualified specialty service contractors
to perform wastewater biosolids management services for the City's three advanced pollution
control facilities. Only one (1) complete proposal was received and opened in the office of the
Purchasing Manager on March 28, 2005, Three other contractors submitted packages stating no
bid. The decision to obtain bids using RFP's was made based on the necessity to review
contractor's qualifications and ability to properly dispose of the material in accordance with
applicable laws and regulations.
Specifically, the contractor will be required to remove and dispose of dewatered and stabilized
(Class B) and/or dewatered and unstabilized domestic wastewater residuals (residuals) from the
City's Marshall Street and Northeast advanced pollution control facilities (APCF), and also haul
liquid unstabilized residuals from the City's East APCF and possibly Marshall Street APCF to the
Northeast APCF.
The term of the contract award shall be for twenty-four (24) months from the date of execution
of the agreement with an option for a one-year extension at the discretion of the City.
The Contractor accepts full responsibility and liability for the hauling and disposal of residuals
from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C.
and shall be responsible to comply with existing Florida Department of Environmental Protection
(FDEP) and United States Environmental Protection Agency (EPA) residuals treatment and
disposal regulations and any changes made in these regulations during the contract period,
The City's current contract that covers the hauling and disposal of biosolids expires April 30th,
2005 and staff anticipated that the pricing for contracted hauling would increase due to
regulatory constraints and escalations on fuel costs. The bid received is within the budgeted
amount for these services.
The costs are broken down a
City Council
Ag~~cI~~~y~r Memorandum
s follows: 435 wet tons of Class "B" sludge are produced at the NE plant each week that the
contractor will haul and dispose of for $38.80 per wet ton totaling $16,878.00 each week. 200
wet tons of unstabilized sludge is produced at the Marshall Street facility each week that the
contractor will haul and dispose of for $44.80 per wet ton totaling $8,960.00 each week. 84,000
gallons of liquid sludge needs to be hauled from the East Facility to the Northeast Facility each
week at $0.018 per gallon totaling $1,512.00 each week. The contract period is for two years,
52 weeks in year one of the contract requiring funding of $1,422,200.00 in fiscal year
2004/2005, and 52 weeks in year two of the contract requiring funding of $1,422,200.00 in
fiscal year 2005/06 - total contract 104 weeks for a grand total of $2,844,400. This will be
approximately $950,000 for the remainder of FY2005, $1,422,200 for FY2006 and $472,200 for
FY2007.
Sufficient funding is available in the PWA/Public Utilities/Water Pollution Control (0421-01351)
operating budget for FY04/05, FY05/06 and FY06/07.
A copy of the contract is available for review in the Official Records and Legislative Services
office.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 2
Financial Information:
~ Operating Expenditure
Bid Required? Yes
Bid Numbers: 16-05
In Current Year Budget?
Yes
Budqet Adiustment:
No
Current Year Cost:
$950,000.00
Annual Operating Cost:
$1,422,200.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$2,844,400.00
City Council
~g~!"!~~~~~~!,, Memorandum
Appropriation Code(s)
0421-01351-530300-535-000
Review Approval
Glen Bahnick
Brvan Ruff
Cyndie Goudeau
Michael Quillen
Bill Horne
Tina Wilson
Garry Brumback
Amount
Comments
See Summary Section
04-01-2005 13:53:34
04-06-2005 11:25:34
04-15-2005 10:09:35
04-05-2005 11:19:15
04-15-2005 09:46:35
04-06-2005 07:52:15
04-14-2005 16:57:35
Qu : f:N6:)
Agreement for Treatment and Disposal of
Domestic Wastewater Bio-Solids Residuals
(Bio-Solids Services - Sludge Hauling Contract)
This agreement entered in this day of , 2005,
between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748 ("City")
and Appalachian Material Service, Inc., P.O. Box 97, Terra Ceia, Florida 34250
("Hauler"), is for the removal, treatment, and disposal of domestic wastewater residual
bio-solids.
Whereas, Hauler accepts full responsibility and liability for hauling and disposing
of residuals from the point of loading from the source facility, in accordance with
Chapter 62-640, F.A.C.
Whereas, City owns and operates three domestic wastewater treatment facilities
currently under review for permit renewal, and has the need for the removal ofbio-solids
generated at those facilities; and
Whereas, City has selected Appalachian Material Service, Inc. (AMS) for the
removal ofbio-solids generated at the City's facilities; and
Whereas, this agreement incorporates all terms and conditions in Request For
Proposal #16-05 for Bio-solids Services and Haulers response to said proposal.
Now therefore, for and in consideration of the actual terms and covenants set forth
in the City of Clearwater Request For Proposal #16-05 and Haulers's response thereto the
parties agree as follows:
1. City hereby covenants and agrees:
A. To provide analyses of the unstabilized bio-solids residuals generated in
accordance with the operating permits of the source treatment facilities.
B. To pay according to the amounts and payment schedule submitted by the
Hauler in accordance with those conditions set forth in RFP #16-05
including hauling of unstabilized bio-solids from the Marshall Street
Advanced Pollution Control Facility (APCF) to the Hauler's Residual
Management Facility, hauling and disposal of stabilized bio-solids from
the Northeast APCF, and hauling ofliquid unstabilized bio-solids from the
East APCF to the Northeast APCF.
C. That all residual bio-solids are generated through the treatment of
domestic wastewater and do not contain toxic industrial waste or
radioactive substances to the best of source knowledge. The bio-solids are
unstabilized at the Marshall Street APCF and East APCF, and stabilized
(Class"B") at the Northeast APCF.
2. Hauler covenants and agrees:
A. To accept full responsibility fro the bio-solids at the point of loading at the
source facility and to provide a performance bond as specified in RFP
#16-05.
B. To submit invoices in a timely manner with all of the information required
in RFP #16-05.
C. To provide data and maintain records as set forth in RFP #16-05 and as
required by all governmental regulations.
D. To comply with all the specifications as outlined that have not been
included in this document. Any interpretation of the parties'
responsibilities shall be controlled by the terms ofRFP #16-05.
3. The term of this agreement shall be for twenty-four (24) months from the date of
this agreement. City may terminate this agreement for any reason with thirty (30) days
written notice to Hauler.
4. Hauler shall indemnify and hold harmless from and against all loss, cost, expense,
and liability whatsoever, including attorney's fees resulting from Hauler's activities.
Hauler's duty to indemnify shall include indemnification from and against any fine,
penalty, liability or cost arising out of Hauler's violation of any law, ordinance or
government regulation applicable to Hauler's activities.
5. Nothing stated in this agreement shall supercede or take precedence over the
responsibility of each party to operate and maintain their individual and collective
facilities in compliance with the obligations set forth in their individual operating permits
and in the applicable rules of the United States Environmental Protection Agency and the
State of Florida, Department of Environmental Protection.
6. The validity, construction, and performance of this Agreement shall be governed
by the laws of the State of Florida.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Frank Hibbard
Mayor-Councilmember
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
APP ALACHIAN MATERIAL
SERVICE, INC.
By:
Jon Wimpy
President
[,~0 (,\ -"-(
..
o
City Council
Ag~!!~!~9~~r,,~~1,!I9rand u m
( 1.8
Trackino Number: 1,255
Actual Date: 04/21/2005
Subiect / Recommendation:
Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBSJ) in the amount
of $124,027 for additional design services associated with the Beach Walk project; approve a new
work order to PBSJ in the amount of $150,000 for a National Environmental Policy Act (NEPA)
Compliance Study; and approve a Local Agency Program (LAP) Agreement with the Florida
Department of Transportation in the amount of $150,000 to conduct the NEPA Compliance Study.
Summary:
Work order supplement:
The Council approved the original design work order for $500,000 in November 2002.
The Council approved a design work order supplement for $384,999 in June 2004. This
supplement covered additional expenses related to Coronado Drive alternatives and meetings with
Coronado property owners; flood zone impacts; flood zone design alternatives; and existing
finished floor surveys.
Other minor work order supplements totalling $98,888 have been administratively approved.
The work covered by this work order supplement includes: additional underground utility location
and design based on information provided by the private utility companies and information gained
from video-tape of City sanitary sewer lines; additional design work in the Pier 60 Park and
parking lot area; inclusion of a bid alternate for work on Gulfview between the Adams Mark and
Hamden Drive; and attendance at numerous meetings with Coronado Drive property owners and
construction stakeholders.
The total design amount is now $1,107,914 which equals 7.4% of the estimated construction cost
of $15 M.
The construction plans are currently in the 100% plan review stage and expected to be released
for bidding in mid to late April, with an anticipated Council award of a construction contract in
June.
The construction duration remains at 42 months.
Up to $1,141,184 in federal Housing & Urban Development grant funds have been appropriated
for design of this project. Consequently the entire design cost, including this work order
supplement, is being reimbursed.
NEPA compliance work order:
$4.5 M in federal funds have been appropriated for construction of the project.
These appropriations are administered through the Federal Highway Administration, consequently
it is required that the City conduct a NEPA Compliance Study to evaluate environmental impacts
of the project.
This work order for $150,000 is to perform the study.
...
o
City Council
~gE!~~~~QYE!~......~"E!morand u m
~
The analysis is limited to the South Gulfview portion of the project and will include: social
impacts; archaeological and historical sites; visual impacts and aesthetics; wetlands; water
quality; floodplains; wildlife and habitat; coastal resources; air quality; and soil contamination.
The study will be completed in six months.
The LAP Agreement provides for the reimbursement of the $150,000 from the $4.5 M in
appropriations.
Sufficient budget and funding for both work orders are available in the Capital Improvement
Program project 315-92267, Coronado/ S. Gulfview Streetscape.
Copies of the work orders and agreement are available for review in the Official Records and
Legislative Services office.
Originatinq: Engineering
Section: Consent Agenda
Cateqorv: Agreements/Contracts - with cost
Public Hearinq: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Engineer of Record
In Current Year Budqet?
Yes
Budget Ad;ustment:
No
Approoriation Code( s)
0315-92267-561200-541-000
Amount
$274,027.00
Comments
Review Aooroval
Michael Ouillen
04-12-2005
16:01:10
Cvndie Goudeau
04-15-2005
14:11:29
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
City Council
Agenda Cover Memorandum
04-05-2005 07: 13: 09
04-15-2005 11:45:43
04-05-2005 11:11:31
04-15-2005 14:01:24
\LQ., 'i./;---.:(I. '1
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An employee-owned company
CITY OF CLEARWATER
REVISED BEACH WALK SUPPLEMENT NO.4
PBS&J WORK ORDER INITIATION FORM
Date: March 31,2005
PBS&J Project No. 100-359.09
City Project No,
1. PROJECT TITLE:
Beach Walk Supplement No.4 for Additional Design Services Associated with Utilities,
Drainage, Extended Limits of Project, and Meetings with City Staff.
2. SCOPE OF WORK:
PBS&J has spent time and effort in providing services beyond the initial and
supplemental scopes of services during the design development stage of Beach Walk and
requests to be reimbursed for those earlier efforts and the ongoing efforts required to
bring the project to 100% design. The project has become much more complex with
many more elements, especially in the area of utilities and drainage identification and
design. With the extension of the Promenade to Pier 60 Park and design of Gulfview
Boulevard beyond the Adams Mark to the apex, the design effort has greatly increased..
As we work through the City of Clearwater's design review, we are being asked to design
and coordinate aspects of the City's infrastructure that are above and beyond the intent
and the scope of the original Beach Walk project.
PBS&J has evaluated the efforts needed to resolve the City staff issues and to complete
the construction documents including the efforts we had expended in keeping up with the
project's accelerated schedule.
The work associated with this Supplemental Agreement #4 will cover the additional
effort spent on the coordination, location and design associated with the utilities and
drainage, the additional work required with the roadway changes associated with the
Hyatt and Clearwater Beach Resort developments, the design work associated with the
extended limits of the project area, the ongoing weekly coordination meetings with City
Staff, and the efforts we have spent in meetings and presentations with the Chambers of
Commerce and the Town Hall Meeting.
3. BUDGET
A maximum fee for the additional services of$124.027.00 has been established for this
assignment.
1
5300 WEST CYPRESS STREET, SUITE 200, CLEARWATER, FLORIDA 33607
(813) 282-7275 FAX (813)286-1207
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4. SCHEDULE
A new project scheduled is not needed for the additional services.
5. PBS&J STAFF ASSIGNMENTS
J. Richard Claybrooke, P.E. - Peer review and QAlQC
Dale Siska, AICP - Project Planning Task Manager
William C. Kasak, P.E. - Project Engineering Task Mgr,
James E. Godfrey, PLS - Surveying & Mapping
DKS Associates - Traffic Design Services
(813)282-7275, Ext. 532
(800)284-5182
(813)282-7275, Ext. 489
(813)282-7275, Ext. 584
(813)962-5959
6. CORRESPONDENCE/ REPORTING PROCEDURES
Correspondence shall be sent to Mahshid D. Arasteh, P.E. and Mike Quillen, P.E.
7. INVOICING/FUNDING PROCEDURES
The budget for this work is a maximum of$124,027.00, based on actual time and direct
reimbursable costs expended. Invoicing Method A, Cost Times Multiplier shall be used.
City Invoicing Code:
APPROVED BY:
CITY OF CLEARWATER
PBS&J
By:
By:
J. Richard Claybrooke, P.E,
Program Manager
DATE
DATE
2
5300 WEST CYPRESS STREET, SUITE 200, CLEARWATER, FLORIDA 33607
(813) 282-7275 FAX (813)286-1207
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CITY OF CLEARWATER
Clearwater Beachwalk NEP A Compliance Study
for South Gulfview Boulevard Improvements
PBS&J WORK ORDER INITIATION FORM
Date: March 15,2005
PBS&J Project No.
City Project No,:
1. PROJECT TITLE:
Clearwater Beachwalk NEP A Compliance Study for South Gulfview Boulevard Improvements.
2. SCOPE OF WORK:
PURPOSE
The purpose of this Exhibit is to describe the scope of work and the responsibilities of Post,
Buckley, Schuh and Jernigan (CONSULTANT) and the City of Clearwater (CITY) in connection
with the Preliminary Engineering (Conceptual Design), and Environmental Studies necessary to
obtain Florida Department of Transportation (FDOT)/Federal Highway Administration (FHW A)
approval of the proposed improvements.
The Project Development Process shall follow the (FDOT) publication titled, "Project
Development and Environment Manual," (PD&E Manual) published July 1, 1988, and all
subsequent revisions.
The PD&E Manual incorporates all the requirements of the National Environmental Policy Act of
1969 (NEP A); federal law and executive orders; applicable federal regulations included in the
Federal Highway Administration Federal-Aid Policy Guide; and, applicable state laws and
regulations including Chapter 339,155 of the Florida Statutes, The project documentation
prepared by the CONSULTANT in accordance with the PD&E Manual shall, therefore, be in
compliance with all applicable state and federal laws, executive orders, and regulations.
The CONSULTANT shall perform environmental services including consideration of social,
economic and environmental effects, as required along with any required environmental
documents and a possible public hearing. It is assumed that all engineering analysis necessary to
support the PD&E process will be provided by the CITY through other contractual means.
STUDY OBJECTIVE
The CONSULT ANT shall study all NEP A compliance issues associated with the CITY's
proposed Beach by Design, Beach Walk - South Gulfview Boulevard Improvements, This study
does not include activities associated with the City's Coronado Drive Improvement Project.
Particular emphasis shall be placed on the following issues:
· Section 4(f)
. Cultural Resources
1
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. Threatened and Endangered Species
. Public Involvement
Methodology Meeting
The CONSULTANT shall attend a Methodology Meeting with CITY and FDOT representatives
before beginning work on this task. At this meeting task specific procedures, methodologies and
schedule will be discussed and agreed upon.
Submittals
The CONSULTANT shall provide copies of the following required documents:
Copies:
Environmental Items:
Class of Action Determination
Type II Categorical Exclusion
Endangered Species Biological Assessment Memorandum
Wetlands Evaluation Technical Memorandum
Cultural Resource Assessment
Section 4(f) document (OPTIONAL service)
Public Hearing Transcript (OPTIONAL service)
2
2
2
2
2
TBD
TBD
1.0 PUBLIC INVOLVEMENT
Public involvement includes communicating to and receiving information from all interested
persons, groups, and government organizations information regarding the development of the
project. The CONSULTANT shall coordinate and perform the appropriate level of public
involvement for this project.
1.1 Public Involvement Data Collection
In addition to public involvement data collection, the CONSULTANT shall assist the
CITY in preparing responses to any public inquiries as a result of the public involvement
activities associated with this task.
1.2 Advance Notification
At the beginning of the project, the CONSULTANT shall develop and distribute an
Advance Notification package in accordance with the PD&E Manual.
1.3 Unscheduled Public and Agency Meetings
The CONSULTANT may be required to participate in unscheduled meetings with the
public, elected officials, or public agencies. The Consultant's involvement will be limited
to participation during the meeting, note taking, and summarizing the meeting in a memo
to the file, It is estimated for this project that there will be five meetings (including a
FDOT methodology meeting) during the study.
2.0 ENGINEERING ANALYSIS AND REPORTS
The CONSULTANT shall coordinate with the CITY's designer to obtain all engmeenng
information required to process the environmental document. This includes:
. Base maps
2
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. i\erials
. Design plans to include development of an avoidance alternative if required as a result of
Section 4(f) related analysis
. Right of way information
. Typical sections
. Concept plans for public coordination
. Cost estimates
. Other information as needed to receIve FDOTIFHW i\ concurrence with the
environmental document
3.0 ENVIRONMENTAL ANALYSIS AND REPORTS
It is assumed that this project will qualify as a Type II Categorical Exclusion, The
CONSULT i\NT shall coordinate and perform the appropriate level of environmental analysis for
this project to meet this document type.
3.1 Social Impacts
Social Impacts will be assessed and documented in accordance with Part 2, Chapter 9 of
the PD&E Manual and will be discussed in the environmental document.
3.2 Relocation Potential
The CITY will provide the CONSULT i\NT with sufficient information to assess the
project related impacts associated with relocation issues, This information will be
discussed in the environmental document.
3.3 Archaeological and Historical Sites
The CONSULT i\NT shall collect data necessary to completely analyze the impacts to all
cultural and historic resources by the proposed project and prepare a Cultural Resource
i\ssessment Request Package as described in Part 2, Chapter 12, of the PD&E Manual.
3.4 Section 4(f)
The CONSULTi\NT will assess potential Section 4(f) impacts and develop
recommendations on whether Section 4(f) applies to this project. The development of a
Section 4(f) document will be an OPTIONi\L service. If determined necessary, Section
4(f) documentation will be in accordance with Part 2, Chapter 13 of the PD&E Manual as
an OPTIONi\L service.
3.5 Visual Impacts and Aesthetics
Visual Impacts and i\esthetics will be assessed and documented in accordance with Part
2, Chapter 15 ofthe PD&E Manual and will be discussed in the environmental document.
3.6 Wetlands
Wetlands will be assessed and documented in accordance with Part 2, Chapter 18 and
Part 2 Chapter 11 of the PD&E Manual. i\ Technical Memorandum will be developed,
3.7 Conceptual Mitigation Plans
This plan will be provided by the Project Engineer. This plan will be discussed in the
environmental document.
3
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3.8 Water Quality
Water Quality will be assessed and documented in accordance with Part 2, Chapter 20 of
the PD&E Manual and will be discussed in the environmental document.
3.9 Outstanding Florida Waters, Wild and Scenic Rivers, and Aquatic Preserves
Outstanding Florida Waters, Wild and Scenic Rivers, and Aquatic Preserves will be
assessed and documented in accordance with Part 2, Chapters 19, 21, and 23, of the
PD&E Manual, respectively, and will be discussed in the environmental document.
3.10 Floodplains
Floodplains will be assessed and documented in accordance with Part 2, Chapter 24 of
the PD&E Manual and will be discussed in the environmental document.
3.11 Coastal Barrier Resources
Coastal Barrier Resources will be assessed and documented in accordance with Part 2,
Chapter 26 of the PD&E Manual and will be discussed in the environmental document. It
is assumed that all work associated with this project is landward of the Coastal
Construction Control
Line (CCCL).
3.12 Wildlife and Habitat
Wildlife and Habitat will be assessed and documented in accordance with Part 2, Chapter
27 of the PD&E Manual. A Technical Memorandum will be developed.
3.13 Identify Permit Conditions
The CONSULTANT shall obtain permit conditions, and type of permits required from
the Proj ect Engineer.
3.14 Farmlands
Farmland will be assessed and documented in accordance with Part 2, Chapter 28 of the
PD&E Manual and will be discussed in the environmental document.
3. 15 Air Quality
Air Quality will be assessed and documented in accordance with Part 2, Chapter 16 of the
PD&E Manual and will be discussed in the environmental document.
3. 16 Construction Impact Analysis
Construction Impact Analysis will be assessed and documented in accordance with Part
2, Chapter 30 of the PD&E Manual and will be discussed in the environmental document.
3. 17 Contamination
The CONSULTANT shall perform the necessary baseline analysis to complete the
Contamination Screening Evaluation. Findings will be discussed in the environmental
document.
4
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4.0 ENVIRONMENTAL REPORTS
The environmental documents prepared by the CONSULTANT will comply with the
PD&E Manual. The task of documentation includes the preparation of any draft and final
technical reports prepared by the CONSULTANT for review and comment by the CITY.
4.1 Class of Action Determination
A Type II Categorical Exclusion is the expected level of environmental documentation
required for this project. The CONSULTANT will prepare the Categorical Exclusion as
described in the PD&E Manual.
5.0 OPTIONAL SERVICES
The following activities have been identified as OPTIONAL services. These OPTIONAL
services mayor may not be required, A recommendation of their need will be provided
by FDOT technical staff based on the preliminary information collected as part of the
tasks listed above, Fees will be determined as the need is identified.
5.1 Public Hearing
The CONSULTANT shall provide all support necessary for the CITY to hold or
participate in one possible Public Hearing as an OPTIONAL service.
For this Public Hearing, the CONSULTANT shall prepare and/or provide:
. Scripts or agenda for presentation
. Handouts
. Graphics for presentation
. Meeting equipment set-up and tear-down
. Legal and/or display advertisements (The CITY will pay the cost of publishing)
. Letters for notification of elected and appointed officials, property owners, and
other interested parties (The CITY will pay the cost of first class postage)
. News releases, for use three to five days prior to meeting
. Summary notes of meetings
. Briefing and debriefing of CITY staff
The CONSULTANT will investigate potential meeting sites to advise the CITY on site
suitability. The CITY will pay all costs for meeting site rentals and insurance.
The CONSULTANT will attend the meetings with an appropriate number of personnel to
assist the CITY's Project Manager.
The CONSULTANT will prepare the public officials and agency letters, insert them in
envelopes, and address the envelopes, The CITY will pay for first class postage.
The CITY will provide marked tax maps of the project and identify the names and addresses
of the property owners from county tax rolls. The CONSULTANT will prepare the letters,
insert them in envelopes, and address the envelopes. The CITY will pay for first class
postage.
5
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The CONSULTANT will procure a verbatim transcript of the possible Public Hearing. The
CONSULT ANT will combine the transcript with any letters received by the CITY as part of
the Public Hearing record, affidavits of publication of legal ads, and will provide copies of
the Public Hearing transcript for the CITY's use.
5.2 Noise Analysis
Noise will be assessed and documented as an OPTIONAL service in accordance with
Part 2, Chapter 17 of the PD&E Manual.
5.3 Section 4(1) Analysis
The development of a Section 4(1) document will be an OPTIONAL service. If
determined necessary Section 4(1) documentation will be in accordance with Part 2,
Chapter 13 ofthe PD&E Manual.
6.0 SERVICES TO BE PERFORMED BY THE CITY
The CITY will provide those services and materials as set forth below:
. Project data currently on file
. All future information that is in possession or may come to the CITY pertaining to
subdivision plans
. All Legal and/or display advertisements and postage for notifications will be paid by the
CITY.
3. PROJECT GOALS:
Provide documentation and direction to facilitate a positive discussion between the FDOT and the
City of Clearwater in order to alleviate or resolve any concerns regarding NEP A compliance with
the South Gu1fview Boulevard improvements.
4. BUDGET:
A maximum fee of $150,000,00 has been established for this assignment.
5. SCHEDULE:
This assignment will be completed within six (6) months ofreceiving a Notice to Proceed from
the City of Clearwater.
6. PBS&J STAFF ASSIGNMENTS:
J. Richard C1aybrooke, P,E., Project Manager
(813) 282-7275, Ext. 532
Michael Pa10zzi, PD&E Manager
(813) 282-7275, Ext 515
7. CORRESPONDENCEIREPORTING PROCEDURES:
All correspondence and reports shall be sent to Michael Quillen, City Engineer.
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6
8. INVOICINGIFUNDING PROCEDURES:
The budget for this work is a maximum of $150,000.00 based on actual time and direct
reimbursable costs expended. Invoicing Method B, (Lump Sum Basis) with invoices submitted
on a monthly basis with percent complete noted shall be used.
City Invoicing Code:
APPROVED BY:
CITY
PBS&J
J.FlichardClaybrooke
Program Manager
Date
Date
7
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u.o ~~ NC1::1
~z" 1l,8pORM525_010_40
CONSTRUCTION
OGC - 11/03
Page 1 of 12
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
FPN: 41665212801 Fund: S115 FLAIR Approp:
Federal No: Org. Code: FLAIR Obj,:
FPN: Fund: FLAIR Approp:
Federal No: Org, Code: FLAIR Obj,:
County No, Pinellas (15) Contract No: Vendor No.: 59-6000239001
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of ,2005 by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and the CITY OF CLEARWATER, hereinafter called the Agency,
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes
to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the Florida
Beach Walk Initiative Project and as further described in Exhibit "A" attached hereto and by this reference made a part hereof,
hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms and
conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be
undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A and B are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all
practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws, The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a
part hereof as if fully set forth herein,
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with
the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31,2006. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the
Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project.
The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake
the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so requisite,
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal- aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data,
reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
FORM 525-010-40
CONSTRUCTION
OGC - 11/03
Page 2 of 12
Administration may require,
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $150,000 (One hundred fifty thousand dollars), This amount is
based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency
agrees to bear all expenses in keeping with the Project Scope that are in excess of the estimated total cost of the project and
any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in 4,00 of this Agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B", This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid
participation,
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this
Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3,05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, If the Department's funding for this project is in multiple fiscal years, funds approval
from the Department's Comptroller must be received each fiscal year prior to costs being incurred, See Exhibit B for funding
levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are available,
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds, Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from
the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity
with applicable Federal and State law, the regulations in 23 C.F,R. and 49 C.F.R., and policies and procedures prescribed by
the Division Administrator of the Federal Highway Administration (FHW A), Federal funds shall not be paid on account of any
cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part thereof involving such
cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation
may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing
the reasons why items and amounts are not eligible for Federal participation, Where correctable non-compliance with
provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-
compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the
Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice,
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4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding,
shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry
out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between
the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to
the Department's Federal-Aid Program Office, No increase or decrease shall be effective unless it complies with fund
participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made, Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred includes the Agency's general accounting records and the project records, together with
supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records
of the Agency and subcontractors considered necessary by the Department for a proper audit of costs, If any litigation, claim,
or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in
excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in
proper detail the nature and propriety of the charges,
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number
and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency,
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or
program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular
A-133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the
OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and
elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal
funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall
be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be
received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings, Preparation of a summary schedule of prior year audit
findings, including corrective action and current status of the audit finding is required, Current year audit findings require
corrective action and status of finding,
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute
is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the
Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be
sent to:
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Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way,
the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities
on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30, The report
must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than
October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses,
when authorized by the terms of this agreement, in accordance with Section 112,061 Florida Statutes and Chapter 3- Travel of
the Department's Disbursement Operations Manual, Topic 350-030-400,
(Section 287,058(1 )(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60
days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the
Department.
7.00 The Department's Obligations: Subject to other proVIsions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing, not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement,
requires the approval of the Department or has made related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12,06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid,
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
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the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the
Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to
goods or services received under a contract or other arrangements which have not been approved in writing by the
Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time period will not be paid,
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department
requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of
(a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of
such time. Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency, the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the
stage of work at which this Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed,
Payment is to be on the basis of substantiated costs,
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any
or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and
such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to
be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are
otherwise includable as project costs, The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the
failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial
participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of
this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any
contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction
contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department.
Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically
reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same,
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering,
architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida
Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department
in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that
selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C,F.R. Part 26,
as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this
Agreement.
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10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined
in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to
compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part
of this project, the Agency must comply with applicable federal and state regulations,
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this
covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below, The
certification or explanation will be considered in connection with the Department's determination whether to enter into this
transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from
participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction, If it is later determined that the Agency knowingly rendered an erroneous certification,
in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,"
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of
those regulations,
The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Department.
The Agency further agrees by executing this Agreement that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without
modification, in all contracts and in all solicitations for contracts,
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended, ineligible,
or voluntarily excluded from the covered tral1saction, unless it knows that the certification is erroneous. The Agency may
decide the method and frequency by which it determines the eligibility of its sub-contractors, The Agency may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Nonprocurement List) which is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which
is normally processed by a prudent person in the ordinary course of business dealings,
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency,
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Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital
status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action
shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship, The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual
relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard
commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts,
except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees
and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S,C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act
of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the
ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134 F,S" an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to
provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in
which any member, officer or employee of the Agency or the locality during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract,
subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
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The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to
any agreement for utility services the rates for which are fixed or controlled by a governmental agency,
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States
shall be admitted to any share or part of the Agreement or any benefit arising therefrom,
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then
exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the
terms and requirements of applicable law,
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees
not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless
the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of
any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the
Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim,
loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its
officers, agents or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options
in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any, However, if only one party participates in the defense of the claim at trial,
that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768,28, Florida Statutes, or any similar
provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved
portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After
resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency
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written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of
nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements, Certification is required prior to advertisement for or solicitation
of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and
that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of
which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency,
to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress
an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will maintain the improvements
made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames, Upon receipt, the Department has five 5 working days to inspect and approve
the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20
days to deliver a request for payment (voucher) to the Florida Department of Financial Services. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received, inspected, and approved,
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in
addition to the invoice amount to the Agency, Interest penalties of less than one $1 will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment{s) from the
Department. The Vendor Ombudsman may be contacted at (850)41 0-9724 or by calling the State Comptroller's Hotline, 1-800-
848-3792,
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
CITY OF CLEARWATER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Brian J. Aungst
Mayor-Comm issioner
By:
Donald J. Skelton, P,E,
Director of Transportation Development
Attest:
Title:
Attest:
Title:
As to form:
As to form:
Attorney
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller,
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FPN: 416652 1 2801
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and the City of Clearwater, dated ,200_,
PROJECT LOCATION: City of Clearwater, Pinellas County.
The project is not on the National Highway System,
The project is not on the State Highway System.
PROJECT DESCRIPTION:
The City, using a professional services consultant will perform the necessary evaluation and documentation activities outlined in
the Department's Project Development and Environment (PD&E) Study Manual for the proposed reconfiguration of Gulfview
Boulevard as part of the Florida Beach Walk Initiative Project.
SPECIAL CONSIDERATION BY AGENCY:
1) The City must insure coordination and communication with the Department for the project in accordance with the Local
Agency Program (LAP) Manual and Agreement.
2) The City will be responsible for identification and remediation of all hazardous materials and contamination associated
with the proposed reconfiguration of Gulfview Boulevard,
3) The City is responsible for the coordination of all utility work, including any permits or relocation that may be required,
4) The City assumes the responsibility for all necessary permits, including environmental permits,
5) The City will not begin work until Notice to Proceed is issued by the Department. Work done prior to NTP will not be
reimbursed,
6) The City will provide to the Department a schedule of project milestones upon final execution
of this agreement and quarterly thereafter.
7) The City will provide progress billing invoices to the Department on a quarterly basis,
SPECIAL CONSIDERATION BY DEPARTMENT:
1) The Department will issue Notice to Proceed to the Agency upon execution of this agreement.
2) The Department will coordinate and communicate with the City and FHWA in providing oversight for the project.
3) The Department will coordinate the project with the FHW A upon receipt of any project documentation received from the
City,
4) Upon receipt of an invoice, the Department will have sixty (60) working days to review and approve the goods and
services submitted for payment.
FORM 525-010-40
CONSTRUCTION
OGC - 02/01
AGENCY NAME & BilLING ADDRESS FPN: 4166521 2801
STATE OF FlOR[DA DEPARTMENT OF TRANSPORTATION
City of Clearwater LOCAL AGENCY PROGRAM
P,Q. Box 4748 AGREEMENT
Clearwater, Fl 33758-4748 EXHIBIT "B"
SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name Florida Beach Walk Initiative
Length
Termini
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
P.D.&E. 2004-2005 150.000 150.000
2005-2006
2006-2007
Total PD&E Cost 150,000 150,000
P.E. 2004-2005
2005-2006
2006-2007
Total PE Cost
Construction 2004-2005
2005-2006
2006-2007
2007-2008
Total Contract Costs
Construction Engineering and Inspection
2004-2005
2005-2006
2006-2007
Total Construction Engineering
Total Construction Cost
ESTIMATED TOTAL COST OF THE $150,000 $150,000
PROJECT
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after July 1st each
fiscal year. The Department will notify the Agency, in writing, when funds are available.
...
o
~
.
City Council
.n~g_~I'!..~,.,~,~~,Y_~~. Memora nd u m
S0G\-~
{I.9
Trackinq Number: 1,233
Actual Date: 04/21/2005
Subiect / Recommendation:
Approve a contract with St. Petersburg College ("SPC") to purchase property situate in Section 7,
Township 29 South, Range 16 East, commonly known as the Joe DiMaggio Gym located at 2450
Drew Street, for $1,950,000 plus estimated closing expenses of $50 for recording fees, for a total
acquisition cost not to exceed $1,950,050, and authorize appropriate City officials to execute
same and any additional instruments required to effect closing.
Summary:
In December 2000 St. Petersburg Junior College (now SPC) donated 32.32 :i: acres of its Joe
DiMaggio Sports Complex to the City for potential development of the new Phillies spring training
facility. After exhaustive environmental testing, the former landfill property was conveyed by
quitclaim deed and accepted by the City in "as is" condition.
At that time SPC retained the approximately 5.42 acre portion of the complex improved with the
gym, locker rooms and tennis courts in order to assess potential future uses. The City entered into
a 4-year lease of the facility that expired September 30, 2004. SPC has concluded the remaining
property is not a viable asset in its future years.
In May 2002 Fogarty & Finch Appraisers performed an appraisal of the property and estimated its
value at that time at $2,200,000 if free of environmental contamination. On May 18, 2004 James
M. Millspaugh, MAl, performed an appraisal for the City and valued the site at $2,050,000
assuming no environmental damage.
Initial records provided by SPC indicated the landfill debris was removed from beneath the site
prior to constructing the existing structures. In September 2004 the City hired TBE Group, Inc. to
conduct a limited subsurface investigation of portions of the site. Test results showed buried
debris on the east property boundary as well as the far west side, between the tennis courts and
Alligator Creek Channel H. These findings indicate that some landfill material still exists beneath
this property.
All methane-monitoring tests have indicated no elevated levels of methane within or around the
existing buildings. Any future construction plans for the site will require that the City evaluate the
need for permanent methane monitoring in any newly constructed buildings.
Senior City management and SPC leadership mutually agreed to terms and conditions of the
subject contract. Among its provisions, the property is being purchased in its present lias is"
condition,
City Council
,;"~,g~,~;;~!_~OV,~,~,~,~!!!9I~,~~,,!!,,.!!!,;_"'_mb'....
not withstanding the property's environmental status. Closing and conveyance of title is to occur
by May 31, 2005.
A mid-year budget amendment will establish capital project 315-93130-560100-572-000-0000,
Joe DiMaggio Property Purchase, in the amount of $1,950,050 for the purchase of property.
Funding will be provided by the transfer of $1,226,066 of Recreation Land Impact Fees and
$723,984 of Open Space Impact Fees from the Special Development Fund to the project at
mid-year.
Purchase of this property will not require any additional operating or maintenance costs until such
time as determination of the future use of the property is made. Several options are being
explored, however none of them should require an increase to City operating costs. A new Capital
Improvement Project for $200,000 is being proposed in FY2005/06 budget requests for demolition
and/or renovation purposes.
A copy of the purchase agreement is available for review in the Office of Official Records and
Legislative Services.
Originating: Engineering
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard CODies attached: 1
Public Hearinq: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
No
Budqet Adiustment:
Yes
Budget Adiustment Comments:
A midyear budget amendment will establish capital project 315-93130 to fund property purchase.
Total funding of $1,950,050 to be established per memorandum statement.
Current Year Cost:
$1,950,050.00
City Council
~g~.~.~,.!."."",~.,.~.~.~,~"..~,~~~~~...~~.~.~."
Annual Ooerating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$1,950,050.00
Not to Exceed:
$1,950,050.00
Appropriation Code( s)
315-93139-560100-572-000-
Amount
$1,950,050.00
Comments
See Budget Adjustment Comments
Review Approval
Michael Ouillen
Laura Lipowski
04-08-2005 08:26:51
04-04-2005 16:09:45
04-15-2005 10:14:37
04-08-2005 13:00:25
04-05-2005 15:07:07
04-15-2005 11:29:53
04-04-2005 09:14:03
04-14-2005 09:06:35
04-15-2005 14:02:26
Kevin Dunbar
Laura Lipowski
Tina Wilson
Laura Lioowski
Garrv Brumback
Laura Lipowski
Bill Horne
t~1
City Council
~~g~nda Cover Memorandum
?'S- \
ii..IO
Tracking Number: 1,247
Actual !:Late: 04/21/2005
Subject / Recommendation:
Approve Change Order #2 to Rowland, Incorporated of Pinellas Park, Florida for the "Area "F"
Gravity Sewer System Improvements Project" (02-0049-UT) which increases the contract
amount by $202,677.20 for a new contract total of $658,102.42, approve a time extension of
100 days, and authorize the appropriate officials to execute same.
Summary:
This contract was previously approved by the City Council on November 4, 2004 for
$415,286.30.
Administrative Change Order No.1 for $40,138.92 was approved by the City Manager on March
18, 2005 revising the contract amount to $455,425.33,
Change Order NO.2 will increase the scope of the current contract to include the replacement of
the 8" sanitary line on Chestnut Street from Myrtle Avenue to Ewing Avenue. This will complete
long needed repairs beneath Chestnut Street that were identified via closed circuit television
inspection of the existing infrastructure. The failing pipeline and manholes will be replaced with
new pipelines that conform to current design standards and structurally sound manholes,
reducing maintenance requirements and improving sanitary service to Clearwater citizens
connected to this and adjacent collection systems.
By having a qualified Contractor who is already under contract with the City performing work of
a similar nature, (8" sanitary line) we can expedite this work prior to the opening of the
Memorial Causeway Bridge. Since eastbound traffic from State Road 60 will be diverted to
Chestnut Street upon completion of the new bridge, the City is motivated to perform these
repairs in advance of the transfer.
Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2006 revenue bonds as a funding source were included in the project list associated with
Resolution 04-36.
Sufficient budget for interim financing or 2006 Water and Sewer Revenue Bond proceeds when
issued is available in the Capital Improvement Program project, 378-96665, Sanitary Sewer R &
R, to provide the funding for this Work Order.
A copy of the change order is available for review in the Official Records and Legislative Services
Office.
Originating: Public Services
Section Consent Agenda
C~tegory: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
City Council
Ag~~~.~~.J:;~.~.~..~...~emora n dum
Other Contract?
Change Order
Appropriation Code(s)
0378-96665-563800-533-000
Review Approval
Garv Johnson
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
Amount
$202,677.20
Comments
04-01-2005 14:33: 11
04-11-2005 07:58:03
04-01-2005 15:25:46
04-07-2005 17:05:13
04-01-2005 15:57:58
04-09-2005 22:32:09
RE', PS-- l
~~', /1, 10
DATE:
April 1, 2005
CHANGE ORDER #2
PROJECT: Area "F" Gravity Sewer System Improvements
PROJECT NUMBER:
02-0049-UT
PO REFERENCE NO.:
ST 100339
CONTRACTOR: Rowland, Incorporated
6855 -102nd Avenue North
Pinellas Park, Florida 33782
DATE OF CONTRACT: 11/15/2004
CODE: 0378-96665-563800-535-000-0000 (A)
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
See attached sheets for addition\ll items~I1lcI.~ppr~vea.tip:le extension of 100 days.
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
ADM. CHANGE ORDER #1
CHANGE ORDER #2
NEW CONTRACT AMOUNT
$415,286,30
$40,138,92
$202.677 ,20
$658,102.42
Rowland, Incorporated
BY:
(SEAL)
Kenneth Rowland, Vice-President
Date:
Frank Hibbard, Mayor
Witnesses:
Bryan Ruff, Assistant City Attorney
ATTEST:
Recommended By: City of Clearwater
Cynthia E. Goudeau,
City Clerk
Date:
Gary A. Johnson, CGC
Public Services Director
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Michael D, Quillen, P,E.
City Engineer
William B. Horne, II
City Manager
Page 2 of2
Change Order #2
Area "F" Gravity Sewer System Improvements (02-0049-UT)
ITEM
DESCRIPTION
QUANTITY
UNIT COST
TOTAL COST
Additional Items - Chestnut Street Sanitarv Sewer Svstem Improvements
18 811 PVC Sewer Line 860,00 LF
19 4' Diameter Manholes Agru 6.00 Each
Lined
20 Service Laterals w /Cleanouts
$87,20
$3,975,00
$74,992,00
$23,850.00
19,00 Each
$2,275,00
$43,225,00
21 Asphalt "Patch" Restoration
22 Grout Existing Line & Remove
top 3' of manholes
900,00 SY
580,00 LF
$40,75
$9.50
$36,675.00
$5,510.00
Sub-total Items 18 through 22
$184,252.00
23 10% Contingency
1 LS $ 18,425,20
Total Additional Items 18 through 23
$18,425,20
$202,677.20
C0#2 - Area F Gravity Sewer - Chestnut Portion
City Council
~g~r!~~~"~Y~"r,,,~emorandu m
P'S-d
11 . l \
Trackinq Number: 1,234
Actual Date: 04/21/2005
Subject / Recommendation:
Approve a Local Agency Program (LAP) Agreement between the City of Clearwater and the
Florida Department of Transportation (FOOT) in the amount of $26,094.00 for modifications to
the N. Fort Harrison Avenue/ N. Myrtle Avenue and Fairmont Street/No Myrtle Avenue
intersections and sanitary sewer improvements at Chestnut Street/No Myrtle Avenue and
approve a change order to Westra Construction, Inc. in the amount of $53,373.24 for a new
contract amount of $14,264,895.02 and authorize the appropriate officials to execute same.
Summary:
This LAP agreement is to proVide for the City to construct a portion of the FOOT project to
resurface Fort Harrison Avenue from Drew Street to Main Street in Dunedin. If the intersection
modifications were completed as a part of the FOOT project they would be damaged when the
City completes the Myrtle Avenue work in this area.
Under this agreement the City will complete the intersection modifications at N. Fort Harrison
Avenue and N. Myrtle Avenue at a cost of $22,184.45 and Fairmont Street and N. Myrtle Avenue
at a cost of $6,088.79, with reimbursement from FDOT in the amount of $26,094.00. The work
will be done as a part of the City's Myrtle Avenue project.
This change order also provides for the Contractor to perform additional work required at the
Myrtle Avenue/ Chestnut Street intersection at a cost of $25,100.00. This work has been
requested by City Engineering due to the need to prepare the sanitary sewer system at this
intersection for the proper interface with the City of Clearwater project "Chestnut Street Sanitary
Sewer System Improvements Project #04-0038-UT which is scheduled to begin May 1, 2005.
Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2006 revenue bonds as a funding source were included in the project list associated with
Resolution 04-36.
Sufficient budget for interim funding with 2006 Water and Sewer Revenue Bond proceeds when
issued is available in the 06 Water & Sewer Revenue Bond Construction Fund project
0378-96665, Sanitary Sewer R & R for the sanitary sewer improvements at Chestnut Street/No
Myrtle Avenue.
Mid-year amendments will transfer budget and Road Mileage revenue in the amount of
$2,179.24 from the Capital Improvement Program project 0315-92266, Streets, Sidewalks &
Bridges, to 0315-92265, Myrtle Avenue/Alt 19 and increase the budget in 0315-92265 by
$26,094.00 for FDOT funding, These amendments will provide sufficient budget to fund the
improvements at N. Fort Harrison/N. Myrtle Avenue and Fairmont Street/No Myrtle Avenue.
A copy of the agreement and change order are available for review in the Official Records and
Legislative Services office.
Originating: Public Services
Section Consent Agenda
Catego~ Agreements/Contracts - with cost
City Council
~g,~r:-!w~,~J:;,~~~~~em,orand u m
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Change Order
Budget Adjustment Comments:
See budget statement above.
Appropriation Code(s)
0315-92265-563700-541-000
0378-96665-563800-535-000
Review Approval
Garv Johnson
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
Amount
$28,273.24
$25,100.00
Comments
03-28-2005 13:00:00
04-11-2005 12:52:39
03-30-2005 11:38:52
04-11-2005 08:02:03
03-30-2005 13:54:12
04-11-2005 12:46: 16
~~" PS~ L.
'u. 1/, i \
FORM 525-010-40
CONSTRUCTION
OGC - 11/03
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
FPN: 2571031 5801 Fund: NCPD FLAIR Approp:
Federal No: 1231 032 U Org. Code: 55074010706 FLAIR Obj,:
FPN: Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 15 (PINELLAS) Contract No: Vendor No,: F596000410-002
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of ,2005 by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and THE CITY OF CLEARWATER, hereinafter called the Agency,
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes
to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.0 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the SR
595/AL TERNATE US 19 RESURFACING PROJECT FROM DREW STREET TO NORTH OF MONROE STREET, and as
further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to
provide departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be
provided and the understandings as to the manner in which the project will be undertaken and completed,
1.01 Modifications and Additions: Exhibit(s) A and B are attached hereto and by this reference made a part hereof,
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all
practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws, The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards,
and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as
if fully set forth herein,
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with
the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before DECEMBER 31, 2007, If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the
Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project.
The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake
the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so requisite,
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal- aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
FORM 525-010-40
CONSTRUCTION
OGC - 11/03
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data,
reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $26,094,00 (twenty six thousand, ninetyfourdollars), This amount is
based upon the schedule of funding in Exhibit "8" attached hereto and by this reference made a part hereof. The AGENCY
agrees to bear all expenses in keeping with the Project Scope that are in excess of the estimated total cost of the project and
any deficits involved, The schedule of funding may be modified by mutual agreement as provided for in 4,00 of this agreement.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent
provided in Exhibit "8", This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid
participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this
Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled
to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3,05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval
from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit 8 for funding
levels by fiscal year, Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Section 339,135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available
for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds, Nothing herein contained shall prevent the making of contracts for periods exceeding 1
year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to
be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1
year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from
the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with
applicable Federal and State law, the regulations in 23 C.F,R. and 49 C.F,R., and policies and procedures prescribed by the
Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost
incurred prior to authorization by the FHW A to the Department to proceed with the project or part thereof involving such cost. (23
CFR 1,9 (a)), If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be
approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the
reasons why items and amounts are not eligible for Federal participation, Where correctable non-compliance with provisions of
law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not
correctable, FHW A or the Department may deny participation in parcel or project costs in part or in total.
FORM 525-010-40
CONSTRUCTION
OGC - 11/03
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the
Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding,
shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry
out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the
Department and the Agency, If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the
Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation
requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made, Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred includes the Agency's general accounting records and the project records, together with
supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of
the Agency and subcontractors considered necessary by the Department for a proper audit of costs, If any litigation, claim, or
audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in
excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in
proper detail the nature and propriety of the charges,
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number
and year, and name of the awarding federal agency, State awards will be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or
program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-
133.
If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the
OMB Circular A-133 is not required, If a recipient expends less than $300,000 in federal awards during its fiscal year and
elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal
funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall
be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be
received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings, Preparation of a summary schedule of prior year audit
findings, including corrective action and current status of the audit finding is required, Current year audit findings require
corrective action and status of finding,
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is
resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the
Auditor General.
The recipient shall submit required audit documentation as follows:
FORM 525-010-40
CONSTRUCTION
OGC - 11/03
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent
to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1 )(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way,
the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on
the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30, The report must
be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October
15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, (Section 287,058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses,
when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3- Travel of
the Department's Disbursement Operations Manual, Topic 350-030-400,
(Section 287 .058( 1 )(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days
to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the
Department.
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department may elect by
notice in writing not, to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations
which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement,
requires the approval of the Department or has made related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12,06; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
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7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the
Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to
goods or services received under a contract or other arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department
requires such termination,
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a)
immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of
such time, Suspension of the contract will not affect the time period for completion of this Agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency, the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the
stage of work at which this Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed,
Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice
under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of
the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other
action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be
computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs, The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of
the Agency to furnish the schedule, plan, and estimate within a reasonable time, The closing out of federal financial participation
in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any
contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction
contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department.
Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically
reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering,
architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287,055, Florida
Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department
in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that
selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
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10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26,
as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this
Agreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in
applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform
contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of
Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part
of this project, the Agency must comply with applicable federal and state regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this
covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the Department's determination whether to enter into this
transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from
participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification,
in addition to other remedies available, Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,"
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of
those regulations.
The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized
by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without
modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide
the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to,
check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"
(Nonprocurement List) which is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which
is normally processed by a prudent person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
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The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and labor Provisions:
12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital
status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action
shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual
relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard
commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts,
except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and
applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act
of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the
ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134 F.S., an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to
provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in
which any member, officer or employee of the Agency or the locality during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior
to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with
prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract,
subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
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"No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to
any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall
be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist
on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall
in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the
terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not
to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the
Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any
act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement
except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss
damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers,
agents or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options
in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial,
that party is responsible for all expenses at trial.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar
provision of law.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved
FORM 525-010-40
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portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After
resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency
written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of
nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance
with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for
construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and
that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of
which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
13.13 Restrictions on lobbying:
Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency,
to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an
officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will maintain the improvements
made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the
goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days
to deliver a request for payment (voucher) to the Florida Department of Financial Services. The 20 days are measured from the
latter of the date the invoice is received or the goods or services are received, inspected, and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in
addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)41 0-9724 or by calling the State Comptroller's Hotline, 1-800-
848-3792.
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
CITY OF CLEARWATER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Brian J. Aungst
Mayor-Commissioner
By:
Donald J. Skelton, P.E.
District Director of Transportation Development
By:
Attest:
Title:
Attest:
Title:
As to form:
As to form:
Attorney
District Attorney
* See attached Encumbrance Form for date of funding approval by Comptroller.
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FPN: 2571031 5801
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and the City of Clearwater dated , 2005.
PROJECT lOCATION:
The project is not on the National Highway System.
The project is on the State Highway System.
PROJECT DESCRIPTION:
Alternate US 19, Clearwater, Florida. Resurfacing will occur between Drew Street and Monroe Street.
SPECIAL CONSIDERATION BY AGENCY:
The Agency will provide project design plans to the Department for review and approval prior to issuance of a Notice to Proceed
for the project construction phase.
The Agency will be issued Notice to Proceed for project construction after final execution of the agreement. Construction related
activities conducted prior to Notice to Proceed will not be reimbursed.
The Agency will let the construction contract prior to June 30, 2005. If the Agency cannot meet this letting date, the
Department must be notified in writing and a new project letting date provided prior to May 1,2005. Failure to comply
with this requirement may be cause for termination of this project agreement and withdrawal of Department funding.
The Agency will provide to the Department, upon final execution of this agreement, a schedule of the expected completion date
and milestones for project construction.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department will issue construction Notice to Proceed to the Agency after review and approval of project design plans final
execution of the agreement.
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AGENCY NAME & BILLING ADDRESS FPN. 2571031 5801
Mike Quillen, P.E. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
City Engineer LOCAL AGENCY PROGRAM
City of Clearwater, FL 33758 AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name SR 595/Alternate US 19 Resurfacing Project
Length N/A
Termini Drew Street to North of Monroe Street
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2002-2003
2003-2004
2004-2005
Total PE Cost .
Right-ot-Way 2002-2003
2003-2004
2004-2005
Total Richt of Way Cost
Construction 2002-2003
2003-2004
2004-2005 26,094 26.094
2005-2006
Total Contract Costs 26,094 26,094
Construction Engineering and Inspection
2002-2003
2003-2004
2004-2005
Total Construction Engineering
Total Construction Cost 26,094 26,094
ESTIMATED TOTAL COST OF THE $26,094 $26,094
PROJECT
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after July1st each fiscal
year. The Department will notify the Agency, in writing, when funds are available.
Change Order No.1
DATE:
March 18, 2005
PROJECT: Myrtle Ave. Roadway & Drainage Improvements
PROJECT NUMBER: 00-OO34-EN
PO REFERENCE NO.: 699 37949-1
CONTRACTOR:
Westra Construction Corporation
P.O. Box 1149
Palmetto, FL 34220-1149
DATE OF CONTRACT: February 23, 2004
CODE: 375-96142 - Stormwater
377-96142 - Stormwater
357-96142 - Stormwater
315-96741- Water
315-96739 - Reclaimed
343-96665 - Sanitary Sewer
0378-96665-563800-535-000-0000 - Sanitary Sewer (New)
315-92265 - Streets
0315-92266-563700-541-000-0000 - Streets (New)
315-92339 - Sidewalks
315-94729 - IT
315-96377 - Gas
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
Myrtle Avenue / Ft. Harrison intersection - concrete curb, pavement striping, roadway signage, sod, curb demolition and other items
shown on Page 2 of 3 in the itemized section of Change Order. Myrtle Avenue / Fairmont Street intersection - four traffic detector loops,
connection of loops to traffic light controller as shown on Page 2 of 3 in itemized section of Change Order. Myrtle Avenue / Chestnut
intersection _ sanitary manholes and associated piping, roadway restoration, survey, as-builts, and as further described on page 3 of 3 in
the itemized section of the Change Order.
ST ATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $
Administrative Change Order #1 $
NEW CONTRACT AMOUNT $
ACCEPTED BY:
14,211,521.78
53,373.24
14,264,895.02
Westra Construction Corporation
B~ ~EAq
J.A. McWhorter, Vice-President
Date:
Frank Hibbard, Mayor
Witnesses:
Bryan Ruff, Assistant City Attorney
ATTEST:
Recommended By: City of Clearwater
Cynthia E. Goudeau,
City Clerk
Date:
Gary A. Johnson, CGC
Public Services Director
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Michael D. Quillen, P.E.
City Engineer
William B. Home, II
City Manager
Page 2 of 3
Administrative Change Order #1- Myrtle Avenue Roadway & Drainage Improvements (OO-OO34-EN)
ITEM DESCRIYfION QUANTITY UNIT UNIT COST EXTENDED COST
Myrtle / Ft. Harrison 0315-92266-563700-541-000-0000 (Items 199 - 236)
199 Mobilization 1 LS $ 1,850.00 $ 1,850.00
200 Type F Curb 260 LF $ 15.50 $ 4,030.00
201 6" White Solid Stripe 165 LF $ 0.25 $ 41.25
202 6" Yellow Solid Stripe 472 LF $ 0.30 $ 141.60
203 8" White Solid Stripe 316 LF $ 0.60 $ 189.60
204 18" White Solid Stripe 71 LF $ 0.60 $ 42.60
205 24" White Solid Stripe 12 LF $ 1.25 $ 15.00
206 Striping and Marking Removal 1 LS $ 3,400.00 $ 3,400.00
207 Modify 6" dbl yellow striping 1 LS $ 400.00 $ 400.00
bullnose at sta 651 + 48
208 RPM, Bi -dir Amber, F & I 7 EA $ 4.60 $ 32.20
209 RPM, Colorless/Red, F & I 7 EA $ 4.60 $ 32.20
210 Tubular Delineator (Flexible), F & I 7 EA $ 46.00 $ 322.00
211 Existing Pavement, Removal 990 SF $ 0.85 $ 841.50
212 Existing Curb, Removal 40 LF $ 10.00 $ 400.00
213 Fill Material 1110 CF $ 0.65 $ 721.50
214 Bermuda Sod 110 SY $ 8.00 $ 880.00
215 Finish Soil Layer 110 SY $ 10.00 $ 1,100.00
216 Water for Grassing 1.4 MG $ 300.00 $ 420.00
217 Concrete Median Flume 1 EA $ 375.00 $ 375.00
218 Sign Assembly, Existing Remove 1 AS $ 25.00 $ 25.00
219 Sign Assembly, Existing Remove 1 AS $ 25.00 $ 25.00
220 Sign Assembly, Existing Remove 1 AS $ 25.00 $ 25.00
221 Sign Assembly, Existing Remove 1 AS $ 25.00 $ 25.00
222 Sign Assembly, Existing Remove 2 AS $ 25.00 $ 50.00
223 Sign Assembly, F & I, M3-1 (24" X 1 AS $ 290.00 $ 290.00
12"), M4-1A (24" X 12"), Ml-4 (24"
X 30")
224 M3-1 (24" X 12"), M4-1A (24" X 1 AS $ 1,380.00 $ 1,380.00
12"), MI-4 (24" X 30"), M5-1R (21"
X 15")
225 Sign Assembly, F & I, M4-5 (24" X 1 AS $ 1,610.00 $ 1,610.00
12"), M3-1 (24" X 12"), M4-1A (24"
X 12"), Ml-4 (24" X 30"), M6-1R
(21" X 15")
226 Sign Assembly, F & 1, M4-11 (24" X 1 AS $ 290.00 $ 290.00
6"), R3-9B (24" X 36")
227 Sign Assembly, F & I, R6-1R (36" X 1 AS $ 210.00 $ 210.00
12")
228 Sign Assembly, F & I, R6-1L (36" X 1 AS $ 210.00 $ 210.00
12"), R6-1R (36" X 12")
229 Sign Assembly, F & I, W3-1A (36" 1 AS $ 290.00 $ 290.00
X 36")
230 Sign Assembly, F & I, W12-1 (36" X 1 AS $ 290.00 $ 290.00
36")
231 Sign Assembly, F & I, W14-1 (36" X 1 AS $ 290.00 $ 290.00
36")
232 Sign Assembly, F & I, R1-1 (24" X 1 AS $ 290.00 $ 290.00
36"), R3-9B (24" X 36")
233 Sign Panel, F & I on Existing 1 EA $ 175.00 $ 175.00
Assembly, FTP-1 (24" X 30")
234 Survey / As-Builts 1 LS $ 1,475.00 $ 1,475.00
Page 3 of 3
Administrative Change Order #1
Myrtle Avenue Roadway & Drainage Improvements
Total Myrtle / Ft. Harrison $
22,184.45
O\2...L<~- \
City Council
~genda ~over Memorandum
11.\8
Tracking Number: 1,289
Actual Date: 04/21/2005
Subject / Recommendation:
Appoint a Voting and Alternate Delegate to the Barrier Islands Governmental Council(BIG-C).
Summary:
The BIG-C has requested we send a letter showing the name and position of Clearwater's Voting
and Alternate Delegates. Once they have received notification from all eleven municipalities in
the BIG-C, a delegate list will be distributed to all members.
Council member Hamilton currently serves as Clearwater's delegate.
Originating: Official Rec and Legislative Svc
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
04-15-2005
10:20:36
\ \ u \'~
City Council
,~g,~!:!~~..~...~..~.~I...,~..~.m..!?~~,!:!~,!:!"m
Tracking Number: 1,267
Actual Date: 04/21/2005
Subject / Recommendation:
Appoint Rev. Herb Freitag and Rev. James W. Lancaster, Sr. to the Senior Center Task Force.
Summary:
The City Council appointed members for the Senior Center Slue Ribbon Task Force at its April 7,
2005 meeting. Council members expressed the desire to gather additional resumes and appoint
additional members.
Attached are the resumes provided by Reverands Freitag and Lancaster.
The Council still wants to appoint a member representing Morton Plant Hospital. As soon as a
candidate is identified that information will be sent to Council.
Originating: Equity Services
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvnthia Davis-Grvce
04-11-2005
12:15:23
Cvndie Goudeau
04-19-2005
12: 19: 54
Herb Freitag (bio)
Born January 22, 1942, in Brooklyn, New York.
Graduate of Fair Lawn (New Jersey) High School; Fairleigh Dickinson University
with a B.A. degree in history and English; Union Theological Seminary (New
York City) with M. Div degree.
Married with two children and five grandchildren.
Has served as assistant minister at East Williston Community in East Williston,
New York; senior minister at Scottwood Community Church in Columbus, Ohio;
and is currently senior minister at Chapel-By-The-Sea (23 years).
Has served on the Board of Trustees and as the editor of the newspaper of the
International Council of Community Churches and is currently its First Vice
President.
Has served on boards and committees of various civic groups including Hospice
of the Florida Suncoast, Morton Plant Hospital, Clearwater Regional Chamber of
Commerce, Clearwater Community Relations Board, Pinellas Centers for the
Visually Impaired, Upper Pinellas Ministerial Association, Florida Fellowship of
Community Churches, and the Clearwater Beach Sertoma Club.
Interests include such sports as tennis, swimming, and skiing, as well as reading
and writing.
Rev. James W. Lancaster, Sr. - (Profile & Resume)
1819 Juanita Court
Clearwater, FL 33764
(727) 531-0209 - Cell: (727) 251-4268
E-mail: iimirma52atiWverizon.net
Personal Information:
Birthplace:
Date of Birth:
Profession of Faith:
Baptism:
Call to the Ministry:
Licensed to Preach:
Married:
Ordained
Church Membership:
Kalamazoo, Michigan
February 17, 1936
June 1942
April 1944
March 1948
August 1955
August 1957
December 1960
Calvary Baptist Church, Clearwater, FL
Wife: Irma F. Lancaster
'Travel Connections' Coordinator for Calvary Baptist Church.
Gifted Bible Teacher, for "Bible Breakfast" - Thursday AM Bible Study
for fellowship and instruction.
Director of 'Life Group' Adult I (Victory) Department for Calvary ~ 60+).
Children: (Seven Grandchildren)
Son: James W. Jr., born April 6, 1959. (Masters of Divinity Degree Jrom New
Orleans Baptist theological Seminary). Pastor of the First Baptist Church of Hammond,
LA.
Daughter: Valerie Richards, born April 29, 1961. Gospel Singer, Recording and
Mural Artist. Her husband Brian. (Masters Degree from the University of South Florida).
Minister of Music & Administrator at "World Outreach Center" Tarpon Springs, FL.
Son: Mark Stephen, bom May 31, 1962. (Masters Degree in Church Music, from
Golden Gate Baptist Theological Seminary, Mill Valley, California). Minister of Music
& Worship Leader, Mt. Juliet, TN. Evangelist, President & Founder ofW.Pl.L.K.
Ministries, Inc. ("Work in Action thru a Life-Style of Kindness"). Specialized ministry
to "Street People" and families with members that are incarcerated.
Education:
Trinity College of Florida, Trinity, FL. (1967) Honorary Doctor of Sacred Music Degree.
Baptist Theological Seminary, Grand Rapids, MI - Post Graduate Studies. (Attended).
Campus Life Counseling Institute, Kansas City, KS - (YFCI) - Graduate.
Trinity College of Florida, Trinity, FL. - BA Degree in Religious Education - Graduate.
Western Michigan University, Kalamazoo, MI. (Attended).
Moody Bible Institute, Chicago, IlL (Attended).
Otsego High School, Otsego, MI - Graduate.
2
Ministerial Experience:
Calvary Baptist Church, Clearwater, FL - Pastor to Adults 55+ - 1998 to present.
Highlights of Calvary Baptist Church:
Calvary's Power Impact is probably "one of the premiere" active adult and
retiree ministry in the Southern Baptist Convention, according to Larry Mizell, Senior
Adult Ministry Specialist for Life-Way Church Resources, of Nashville, TN.
Pastor Bill Anderson retired shares; "Jim Lancaster is a Godsend to Calvary
church, our city, and especially-to the burgeoning senior-adult population of Pine lias
County through his "Power Impact" Ministry! He built it and they are coming!" (It is
open to all churches and stays Interdenominational). (Dr. Bill Anderson, Vice-president
of the Executive Board of the Southern Baptist Convention. Was Pastor of Calvary
Baptist Church for nearly 27 years). Is the CEO & President of 'Covenant' schools in
Vineyard, Texas.
SPECIAL NOTICE: His "Health & Wellness Fairs", "Talent Galore
Contests", (Showcasing 'Treasures' of Seniors) and "Grand Parents Day" are 'one-
of-a-kind' events. Awesome!
First Baptist Church Hernando, FL - Pastor 1987-1998
Carol Estates Baptist Church, Gainesville, FL - Pastor 1983-1987
Evane:elist: (1965-1984)
Certified National High School Assembly Speaker - 1969-1971 (has spoken to over ~
million youth on USA High School Campuses).
Has ministered in most of the USA. (Has Traveled to 48 States).
Has spoken and sung with such notables as Dr. Billy Kim, South Korea, (currently,
President of the 'Baptist World Alliance'). Dr. Nilson Do Amaral Fanini, Brazil,
(fonner President of the 'Baptist World Alliance'). Dr. W.A. Criswell, Dallas, Texas,
and Dr. Phil Waldrep, Trinity, Alabama, (Founder & President of 'Celebrations for
Seniors' ).
Overseas Involvement & Ministrv:
By invitation has participated in 70 overseas humanitarian mission efforts.
('Faith-based' feeding the hungry around the world).
Has ministered in 34 Foreign Countries.
He and his wife Inna have taken hundreds of youth on work missions overseas (1968-
1983 ).
Awards and Honors:
Achievement letter for Youth Involvement, President Gerald Ford (1960).
Commendation award from South Korea, Gov. Hwang In Sung (1974).
Command perfonnance, Hayward Islam, Ambassador to Haiti (1975).
Personalities of the South" award American Biographical Institute (1979).
Who's Who in Religion, i1976 & 1982).
Men of Achievement, 12 Edition (1987).
Recommendations:
Dr. William (Willy) Rice, Senior Pastor
Calvary Baptist Church
331 Cleveland Street
Clearwater, Florida 33577
(727) 441-1581
3
Dr. William (Bill) Anderson, (CEO & President of 'Covenant' Schools,
Grapevine, TX, (Fonner Pastor of Calvary for 27 years). Currently is the first Vice
President of the Executive Board of the Southern Baptist Convention).
3054 Creek view Drive
Grapevine, TX 76051-4223
Home (817) 427-1155
Office: (214) 691-6700
Rev. Glenn Owens,
(Assistant to Dr. John Sullivan, President
of the Florida Baptist Convention).
1430 Hendricks Avenue
Jacksonville, FL 32207
Office: (800) 226-8584
Dr. Phil Waldrep, Evangelist
(Waldrep Ministries).
PO Box 148
Trinity, AL 35673-0148
Office: (256) 355-1554)
Fax: (256) 355-2808
ater
Purchasing Memorandum
City Commission
04/21/2005
Agenda Number: 3517
pu\~
\ l., d.
\
(/,jl.v{ cl-- 11,15
1 A2enda Item No: 11.1
Type:
Quantity:
Requesting Dept: Finance
Using Dept: Finance
Purchase
Bid Number or
Code Exception: Sec. 2.564 (l)(d) - F1a St Contract
Vendorlnfo:
Description:
Comments:
Amount:
$ 450,000.00
Office Depot Inc., Chicago, Illinois
Office supplies during the contract period July 1, 2005 through December 30, 2006 at a cost not to
exceded $450,000 - Office Depot.
Piggyback Florida State Contract 618-001-04-1. This contract ends December 30, 2006.
Contract is utilized by all departments.
Appropriation Code(s):
0555-00000-141100-000
Comments:
Inventory code. Actual departmental codes will be utilized
when payments are processed. (OXXX-XXXXX-550100 or 550400-
XXX-XXXX)
2 Agenda Item No: 11.2
Type: Purchase contract
Quantity:
Requesting Dept: Solid Waste/General Services
Using Dept: Solid Waste/General Services
Bid Number or
Code Exception:
Vendorlnfo:
Description:
Comments:
Amount:
$ 4,400,000.00
City of Clearwater RFP 12-05
McMullen Oil Company, Clearwater, Florida
Gasoline and diesel fuel for motorized equipment during the contract period April 22, 2005 through April
30, 2007 at a cost not to exceed $4,400,000 - McMullen Oil Company.
This vendor was selected as the most capable of providing routine and emergency service on demand.
Appropriation Code(s):
0566-06611-550500-519-000
Comments:
Will be charged to various department's fuel budget.
\-" \ N- '-l
City Council
~g~!!,~~~Q~~r....~emorandum .
la. I
Tracking Number: 1,227
Actual Date: 04/21/2005
Subject / Recommendation:
Adopt Resolution 05-16 authorizing the refunding of the outstanding Gas System Revenue
Bonds, Series 1997A and authorize the appropriate officials to execute same.
Summary:
The Gas System Revenue Bonds, Series 1997A (interest rates from 4.375% to 5.00%) are
eligible for advance refunding. The outstanding bonds are callable on September 1, 2006
through August 31, 2007 at 101 % of the par amount of the bonds outstanding and September
1, 2007 and afterwards at 100% of the par amount of the bonds outstanding.
Ordinance 7423-05 was presented to the City Council on April 7, 2005 with the second reading
on April 21, 2005. The ordinance authorizes the issuance of Gas Reveneue Bonds by resolution.
With long-term interest rates in such a state of uncertainty, at some point in the future it may
become beneficial to do an advance refunding of this bond issue. By passing this resolution, the
City will be prepared to move quickly and realize the maximum savings possible. The latest
estimated present value savings of refunding the Gas System Reveneue Bonds is $290,998.39
or 4.337%.
The bonds will only be refunded if adequate savings are going to be realized.
The complete resoluton (with attachements) is available in the Office of Official Records and
Legislative Services Departement.
Originating: Finance
Section Other items on City Manager Reports
Category: Bonding
Financial Information:
~ Debt - Bond
Review Approval
Maraie Simmons
03-29-2005
16:47:25
Garrv Brumback
04-07-2005
16:57:09
Pam Akin
03-29-2005
17:09:34
Bill Horne
04-09-2005
22:25:06
Cyndie Goudeau
04-11-2005
08:08:14
+- IN-L{
RESOLUTION NO. 05-16
A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED $8,000,000
CITY OF CLEARWATER, FLORIDA, GAS SYSTEM REVENUE REFUNDING
BONDS, SERIES 2005; SETTING FORTH THE FORM OF THE NOTICE OF BOND
SALE AND SUMMARY NOTICE OF BOND SALE RELATING TO THE SALE OF
SUCH BONDS; DIRECTING PUBLICATION OF THE SUMMARY NOTICE OF
SALE RELATING TO SUCH BONDS; PROVIDING FOR THE OPENING OF BIDS
RELATING TO THE SALE OF THE BONDS; SETTING FORTH THE OFFICIAL
NOTICE OF SALE AND BID FORMSPROVIDING FOR THE ISSUANCE OF THE
SERIES 2005 BONDS IN BOOK-ENTRY -ONLY FORM; AUTHORIZING THE
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN
OFFICIAL STATEMENT IN CONNECTION WITH THE DELIVERY OF THE
BONDS; PROVIDING FOR COMPLIANCE WITH A CONTINUING DISCLOSURE
CERTIFICATE; APPOINTING A PAYING AGENT AND REGISTRAR;
APPOINTING AN ESCROW AGENT; AUTHORIZING THE PURCHASE OF
MUNICIPAL BOND INSURANCE; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 15, 1991, the City Council of the City of Clearwater, Florida (the
"City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original Ordinance") to provide for the
issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and
WHEREAS, on April----, 2005, the City enacted Ordinance No. 7423-05 (the "2005 Refunding
Ordinance", and together with the Original Ordinance, collectively, the "Bond Ordinance") which
authorized the issuance of the City of Clearwater, Florida, Gas System Revenue [Refunding] Bonds,
Series [to be determined], as Additional Parity Obligations under the Original Ordinance; and
WHEREAS, the City by this Resolution intends to provide for the issuance of not to exceed
$8,000,000 City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2005 (the
"Series 2005 Bonds") as Additional Parity Bonds to advance refund a portion of the City's
Outstanding Gas System Revenue Bonds, Series 1997 A (the "1997 Refunding Bonds"); and
WHEREAS, it is in the best interest of the City to provide for the public sale of the Series
2005; and
WHEREAS, the Issuer now desires to approve the issuance of its Series 2005 Bonds, to sell
its Series 2005 Bonds pursuant to a public sale, to authorize the distribution of a Preliminary Official
Statement and an Official Statement in connection with the issuance of the Series 2005 Bonds and to
take certain other actions in connection with the issuance and sale of the Series 2005 Bonds; and
1
Resolution No. 05-16
WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the
Bond Ordinance and all capitalized undefined terms used herein shall have the meanings set forth
in the Bond Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. AUTHORIZATION OF BONDS AND SERIES DESIGNATION. The not
to exceed $8,000,000 of the Gas System Revenue Refunding Bonds, Series 2005 authorized by the
2005 Ordinance being offered pursuant to this resolution are hereby designated as Series 2005
Bonds (the "Series 2005 Bonds"). The issuance of not to exceed $8,000,000 of the Series 2005 Bonds,
by the City is hereby approved upon the terms and conditions set forth in the Bond Ordinance and
this Resolution.
SECTION 2. PUBLIC SALE. There is hereby authorized to be sold pursuant to a public
sale not to exceed $8,000,000 City of Clearwater, Florida, Gas System Revenue Refunding Bonds,
Series 2005.
SECTION 3. SALE OF SERIES 2005 BONDS; REDEMPTION AND MATURITY
PROVISIONS. The Finance Director is hereby directed to arrange for the sale of the Series 2005
Bonds utilizing the electronic bid process of PARITY through the publication of the Summary
Notice of Sale of the Bonds in The Bond Buyer, on such date as shall be deemed by the Finance
Director to be in the best interest of the Issuer and such publications to be not less than ten (10)
calendar days prior to the date of sale as required by Section 218.385(1), Florida Statutes; and to
publish such Notice in such other newspapers on such dates as March be deemed appropriate by
the Finance Director.
The Series 2005 Bonds shall be subject to optional redemption and shall bear maturities and
sinking fund amortizations as shall be subsequently determined by the Finance Director, upon
advice of the City's financial advisor and based on market conditions existing at the time, prior to
the publication of the Summary Notice of Bond Sale hereinafter approved.
Proposals for purchase of the Series 2005 Bonds will be received electronically via PARITY
as provided in the Official Notice of Sale, from the time that the Notice of Bond Sale is published
until 11:00 a.m., Clearwater, Florida time, on such date and time as may be established by the
Finance Director of the City or her designee, and if such date is subject to change, communicated
through Thompson Municipal Market Monitor (TM3) not less than twenty-four (24) hours prior to
the time bids are to be received for the purchase of the City of Clearwater, Florida, Gas System
Revenue Refunding Bonds, Series 2005; provided that if the internet is not working on the
designated bid date, the bid date shall be automatically changed to the next business day, and the
City will communicate a confirmation of this change in bid date through Thompson Municipal
Market Monitor (TM3), all as provided in the Notice of Sale (the "Bid Date").
2
Resolution No. 05-16
SECTION 4. DISPOSITION OF PROCEEDS OF SERIES 2005 BONDS. The proceeds
from the sale of the Series 2005 Bonds shall be deposited as follows:
(a) An amount equal to the accrued interest on the Series 2005 Bonds shall be deposited
into the Interest Account in the Bond Service Fund;
(b) An amount determined by the Finance Director to be necessary to pay the costs of
issuing the Series 2005 Bonds, including the premium due to the Bond Insurer shall be used to pay
such costs;
(c) An amount determined by the Finance Director to be necessary to increase the
amount in the Reserve Fund so that the amount on deposit therein equals the Reserve Requirement;
and
(d) The remaining proceeds of the Series 2005 Bonds shall be deposited into the Escrow
Account with the Escrow Holder (hereinafter identified).
SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale and Summary Notice of
Sale of the Bonds to be submitted for purchase of the Series 2005 Bonds shall be in substantially the
forms annexed hereto, as Exhibits A and B, respectively, together with such changes as shall be
deemed necessary or desirable by the Finance Director depending on the bidding method selected
in accordance with Section 3 hereof, incorporated herein by reference. The form of the Official Bid
Form shall be provided by the internet auction website selected by the Finance Director, and shall
be reasonably satisfactory to the Finance Director.
SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the
residents and inhabitants thereof that the Series 2005 Bonds be issued utilizing a pure book-entry
system of registration. In furtherance thereof, the City has previously executed and delivered a
Blanket Letter of Representations with the Depository Trust Company. For so long as the Series
2005 Bonds remain in such book entry only system of registration, in the event of a conflict between
the provisions of the Bond Ordinance and of the Blanket Letter of Representations, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 7. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT.
The City Manager and Finance Director are authorized and directed to cause a Preliminary Official
Statement to be prepared in substantially the form attached hereto as Exhibit C, with such changes,
insertions and omissions as shall be approved by the City Manager and Finance Director, containing
a copy of the attached Notice of Bond Sale and to furnish a copy of such Preliminary Official
Statement to interested bidders. The City Manager and Finance Director are authorized to deem
final the Preliminary Official Statement prepared pursuant to this Section for purposes of Rule 15c2-
12 (the "Rule") of the Securities and Exchange Commission. Upon the award of the Series 2005
Bonds to the successful bidder, the City shall also make available a reasonable number of copies of
the Preliminary Official Statement to such bidder, who may mail such Preliminary Official
Statements to prospective purchasers at the bidder's expense. Following the award of the Series
2005 Bonds, the City Manager and the Finance Director shall cause to be prepared a final Official
Statement dated as of the Bid Date, reflecting such changes in the Preliminary Official Statement as
3
Resolution No. 05-16
may be necessary to reflect the purchaser's bid. The Mayor and City Manager are hereby
authorized to execute and delivery such final Official Statement, with such changes, insertions and
omissions as may be approved by such officers.
SECTION 8. CONTINUING DISCLOSURE. The City hereby covenants and agrees that,
in order to provide for compliance by the City with the secondary market disclosure requirements
of the Rule, that it will comply with and carry out all of the provisions of that certain Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit D, to be executed by the
City and dated the date of issuance and delivery of the Series 2005 Bonds, as it March be amended
from time to time in accordance with the terms thereof (the "Continuing Disclosure Certificate").
Notwithstanding any other provision of this Resolution, failure of the City to comply with such
Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder March take such actions as March be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the City to comply with its obligations
under this Section.
SECTION 9. REGISTRAR AND PAYING AGENT. Wells Fargo Bank, N.A., through its
designated office in Jacksonville, Florida, is hereby appointed as Registrar and Paying Agent for the
Series 2005 Bonds.
SECTION 10. ESCROW AGENT. Wells Fargo Bank, N.A., through its designated office in
Jacksonville, Florida, is hereby appointed as Escrow Agent for the Series 2005 Bonds under the
respective Escrow Deposit Agreement, a form of which is attached as Exhibit A to the 2005
Ordinance.
SECTION 11. FINANCIAL GUARANTY INSURANCE POLICIES. Pursuant to the Bond
Ordinance, Ambac Assurance Corporation ("AMBAC") has been selected to provide its Financial
Guaranty Insurance Policy (the "Policy") as the Bond Insurance Policy (as defined in the Bond
Ordinance) as additional security for payment of principal and interest on the Series 2005 Bonds.
Selection of Ambac as the Bond Insurer (as defined in the Bond Ordinance) is hereby ratified and
confirmed and payment for such Bond Insurance Policy from proceeds of the Series 2005 Bonds is
hereby authorized. The Issuer hereby accepts the terms, conditions and agreements relating to the
Bond Insurance Policy in accordance with the Financial Guaranty Insurance Commitment attached
hereto as Exhibit E and incorporated herein. A statement of insurance is hereby authorized to be
printed on or attached to the Series 2005 Bonds for the benefit and information of the holders of the
Series 2005 Bonds.
For so long as the Bond Insurance Policy is applicable to the Series 2005 Bonds, the
additional provisions set forth on Exhibit F attached hereto shall be applicable to the Series 2005
Bonds. In addition to the covenants and agreements of the Issuer previously contained in the Bond
Resolution regarding the rights of the Bond Insurer which are incorporated herein, the Issuer
hereby covenants and agrees for the benefit of the Bond Insurer and the holders of the Series 2005
Bonds while the Bond Insurance Policy insuring the Series 2005 Bonds is in full force and effect, to
provide the Bond Insurer with copies of any notices to be given to any party pursuant to the Bond
Resolution or this Resolution, and to provide prior notice to the Bond Insurer of any amendments to
4
Resolution No. 05-16
the Bond Resolution or this Resolution.
(a) Any notice that is required to be given to a holder of the Bonds or to the Paying
Agent pursuant to the Bond Ordinance shall also be provided to the Bond Insurer. All notices
required to be given to the Bond Insurer under the Resolution shall be in writing and shall be sent
by registered or certified mail addressed to Ambac Assurance Corporation, One State Street Plaza,
New York, New York 10004 Attention: Surveillance Department.
(b) The Insurer shall receive notice of any amendments to the Bond Ordinance or this
Resolution prior to the adoption of such amendments by the City.
(c) The City shall provide copies of all amendments to the Bond Ordinance or this
Resolution which required the consent of the Bond Insurer to Standard & Poors.
SECTION 11. AWARD OF BIDS. The Finance Director is hereby authorized to accept the
bids for the Series 2005 Bonds. The City Manager and the Finance Director are hereby authorized to
award the sale of the Series 2005 Bonds on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for herein so long as the true interest
cost rate shall not exceed 5.5% on the Series 2005 Bonds. The City Manager and the Finance
Director are hereby authorized to award the sale of the Series 2005 Bonds as set forth above or to
reject all bids for the Series 2005 Bonds. Such award shall be final.
SECTION 12. PRIOR RESOLUTIONS. To the extent the provisions of this Resolution are
inconsistent with the provisions of prior resolutions regarding the Series 2005 Bonds, provisions of
this Resolution shall control and supercede the inconsistent provisions of such Resolutions.
5
Resolution No. 05-16
SECTION 13. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF CLEARWATER, FLORIDA
Frank Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
6
Resolution No. 05-16
t'--f~-\- Le>
..
...
City Council
.... ..~g~!!~~_..c::.~~~~..~emora nd u m
IJ.a
...
o
o~.
Tracking Number: 1,202
Actual Date: 04/21/2005
Subiect / Recommendation:
Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with
the Florida Department of Transportation, District Seven, so that aesthetic improvements can be
made to a portion of SR 60 (Courtney Campbell Causeway) and adopt Resolution 05-12
authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement.
Summary:
The City of Clearwater desires to improve and beautify the right-of-way area for S.R. 60
(Courtney Campbell Causeway) from the City limits, out on the causeway, west to Bay Street
(One Block West of McMullen Booth Road/C.R.611).
The State of Florida Department of Transportation, District Seven, has allocated funds for
landscape improvements in conjunction with the construction or reconstruction of State Road 60
(Courtney Campbell Causeway), under FP #418868-1-54-01, and is authorized pursuant to
Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures.
FDOT has estimated $150,000 for these landscape improvements.
Upon installation of the landscape improvements, the City has agreed to maintain the same at its
sole expense and in a reasonable manner.
The revitalization and landscape enhancements of SR 60 (Courtney Campbell Causeway) will
leave a positive impression on visitors and residents alike.
The Department of Transportation requires a Memorandum of Agreement to allow landscaping
within their right-of-way.
Parks and Recreatopn Department anticipates a $5,000 increase in operating costs associated
with the maintenance of this project.
A midyear amendment will establish the Capital Improvement Program project 0315-922XX,
Courtney Campbell Causeway (SR60) Landscape Improvements with a budget of $150,000.00 for
cost reimbursement from the FDOT.
A copy of the agreement is available for review at the Official Records and Legislative Services
office.
Oriainating: Engineering
Section: Other items on City Manager Reports
Cateaory: Agreements/Contracts - with cost
Number of Hard Cooies attached: 2
Financial Information:
Budaet Adjustment:
Yes
City Council
......~gE!.!:!.~..~..~~~!:!~~~~E!.-:!1.~!.c:I!:!d u m
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o
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Budaet Adiustment Comments:
See Summary Section
Review Approval
Glen Bahnick 04-13-2005 09:29:47
Brvan Ruff 04-05-2005 12:30:44
Larry Dowd 04-12-2005 15:52:12
Michael Quillen 04-13-2005 13:47:13
Cvndie Goudeau 04-15-2005 14:12:14
Garrv Brumback 04-15-2005 11:33:00
Tina Wilson 04-14-2005 14:16:59
La rry Dowd 04-12-2005 13:45:40
Bill Horne 04-15-2005 14:00:43
RESOLUTION NO. 05-12
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING EXECUTION OF A HIGHWAY LANDSCAPE
REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION FOR A PORTION OF STATE ROAD 60
(COURTNEY CAMPBELL CAUSEWAY) THE PROJECT WILL
EXTEND FROM THE CITY LIMITS WEST ALONG THE
CAUSEWAY TO BAY STREET; PROVIDING AN EFFECTIVE
DATE
WHEREAS, Many roadside areas and a median strip abutting the State ot
Florida Department ot Transportation rights-ot-way areas should be maintained and
attractively landscaped; and
WHEREAS, the City Council wishes to beautity and improve the right-ot-way
area tor State Road 60 (Courtney Campbell Causeway) between the City limits west to
Bay Street within the City ot Clearwater by landscaping; and
WHEREAS, the City Council wishes to authorize an office ot the City to enter
into a Highway Landscape Reimbursement and Highway Maintenance Memorandum ot
Agreement with the State ot Florida Department ot Transportation;
NOW THERFORE BE IT RESOLVED by the City Council of
Clearwater, Florida, in regular session duly assembled that:
1. The Mayor is hereby authorized to execute a Highway Landscape
Reimbursement and Maintenance Memorandum ot Agreement tor a portion ot
S.R. 60 (Courtney Campbell Causeway)
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:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-12
~7.. (' ..'
"-\.L. C-L' Gl-' (r
~~', IJ,d
HLRMOAOJ-05
DISTRICT SEVEN HIGHWAY LAN DSCAP)i: REIMBURSEMENT
AND !vlAINTENANCEMEMOR<\NDUM OF AGREEMENT
THIS AGREEMENT. made and etiteredinlo as of the day of ,2005, by
and hel\\iccn the STATE>. OF .1'CQRIDA DEPARTMENT OF TRANSPORTATiON. a
componentagency oftheStat~ofPlorida~ hereinafter called the "Department" and the CITY OF
CLE~Wl\TER.a municipa.l~.~fPor~tionof the Slale of Florida, existing under the L<1\'I"5 of
FlQrida~ hcreinaftercaUcdth~ "Chy", .
\V I TX E SSE T II
W'HEREAS, the Department intends to construct or othcr\visc reconstruct and improve Stale
Road 6.0 (Courtney Campbell Causeway) right-of-way consisting ofroudimprovernclltsand
grassedareasabutling thereon located belvieen Bay Street and the eastern City Limits in Pincllas
County, Flori~a (the "Project Highway"); and
WllEREAS, the Departmenth~ alloc;ated funds for Jandscapeimprovements in conjunction
with thecol1stnlctlon or reconstruction of the Project Highway, under FP# 418868-1-54-01,and
is.authorized pursuant to Scctiqn.334.p44, Florida Statutes, to reimburse the City J{)rcligiqle
lmidscapeexpendi tures; and
WHEREAS, uponinstaUatiol1ofth~Jandscapc improvements, tile City has agreed to mtiltln(iti
the same at itssolc expense arid in a reasonable maImer; and
\VllEREAS, the City by' Rcsolutioll"No; , a cqpy oL\vhich .is.attached her~#(.a$
Exhibit "A",has authorized itsolTicersto exewtc this Agreement on its behalf
NO\V. THEREFORE and in consideration oCthe mutual benefits that flo\vC(lchto the 0111cr. the
parti~scovenanta nd agrcea(l fQllt}Ws:
L SUBMlTT ALS
a. The City shall produce plans for and install landscape improvements (.mthosc arcas ofthe
Project Higlhvay a.'i depicted in the Landscape Plans and Sped fications to be attached hetdoand
incorporated herein as Exhibit "B". All work conducted in cOlmection with plans produclionand
ilJstallntion of landscape materials shall hercinal1.erbc referred to as the "Project",
b. Final planting plans, delails and technical specifications shall be prepared in conformance
with Section 481 Part II, Florida Statutes. Florida Administrative Code Rule 14'-40, all applicable
requirements of the Highway Landscape. Beautification and Plan Review Procedure (TupicNo.
650-050-001), and shall be based on the District's current rondway plan.
c. Nut later than ninety calendar days following the execution of this Agreement or receipt
offederal authorization, the City shall submit to the Department scvc:ncopics .of lhe landscr.lpe
plans and specifications, I1vc signed and properly executed copies of the Highway Landscape
tv1aintenanceMemorandumoT<.Agreement, and three cDpies .of thc fDIlD\ving attachments: the
projccJsch~q!llc.Jett~rs9t~98~Irl1i~t rtom all utilities within the project limits, a project
maimenanccplan, and a project cost estimmc. lfthe City desires to \vorkcloser than fifteen feet
.tothcedgcafpllvemenl?r<cl.o~eatr~fficlane, a Maintenance ofTraffit Plan must.be includcdin
the submittal. Within three\lilCckspftnc receipt of review comments by the Department, the City
shaH revIse all dDcumemsrequiredhcrein in accDrdance with the Department'scommCntsaJld
subrnittwp.copics .of the revised docwncnts for the Department's written approval. Withltl ()he
v,.'eekorreceipt of Department approval, the City shall submit seven copies of the approved
PlaIl~and$pecjficatiDns t.o the Department. Failure of the City to submit any .of the {~qli~J;'eQ
documents wi thin the time pCrlodshcrcin may be cau.:ie [or termination of this AgreemcnL
d. (fallY oIthe submittals of the City pursuant to Paragraph I.e. are rejected by the
Department and returned to the CitqtR1r revisions or changes, such d()cumcnt~ mU$lhe approved
ilfldrcsubmittedto the Departnieptnptlater than one hundred fiflycalendardays followingJhc
execution of this Agrecrnentorreccipt of federal authorization. Ifsuchdocumems are not
resubmilted.asapprove~m:..thisdate,~hc Department may terminate this .Agrccmcnt, including
its oblig(,ltion t() reimblJTse any mOI1.ies expended for the Project except for th.ose approved
expenditures for design oftheproject
e. All notices. demands, requests or other instruments shall be given by depositing the same
in the U.S. !vIail, pDstage prepaid, registered or certified with rctwn recciptreqtlestep.
(I) . .lflO the Department, addreSS1?9islrict Landscape Arc.hitect.atFlt)fidaDepanUlertof
Tnl11sportation,MS 7-1200, 11201 N. MCK.inley Drive, Tampa, Florida 33612-6456 Qrat~uch
other address as the Dcpartmenlmayfromtime to time designate by writtcn nDtice to the City;
and
(2). If ta the City addrcsstoMs. Nr{~shidD. Arastch, P .E., Public \Vorks Administrator, City
of Clearwater, Post Office Bo~ 4748iClcarwat~r, Florida 33758-4748 or at stich other address as
the City from lime 10 lime designates by written notice to th-: Department.
All time limits provided hereunder shatLrun fwm the date of receipt afaHsuch notices; demand
requests and other instruments.
2. fNSTALLA nON
a. The City shall not commence Project installation until the DepartmcnthasacccpLCd the
roadv,!ay construction project and issued a Notice to Proceed. Said Notice shall contain the
project completion date. In no event shall a Notice to Proceed be issued until the Dcpartmentha..'i
approved all the documents provided J()r in Paragraph I.e. The City shall nDtify the District
Landscape Manager (DLM) ten working days and the Local Maintenance Engineer forty-eight
hours prior to commcncing work on the Project site.
b. Thceity shall have :Y1aintenance of Trame certified personnel .supervise the ~et up and
operatiDnaf Maintenance of Traffic devices at the Project site. All installations and constnJction
performed pursuant to this grant shall be performed in accDrdance \vith all applicable la\\'5. rules,
2 of 10
procedures and guidelines o(lhe Departmelll including I\J#illtenance of Traffic regulationslUtU
~U provisions. of this. agreenleht,.Inthccvcnl that any instalhitions are at an)' timcdctcnnined.by
the Department to be not in conformanee\vith the applicable requirements, or are determincd to
l)e.interfering with the sale and cH!Gicnl operation of any transportation facHity,or are otherwise
determined to present a danger to public health. safety. or welfare, said insrallation sh~~lI be
irnnwdiately brought ill10 dcpartmental compliance at the sole cost and expense of the City.
C:. Iftheeit)' fails to complete the installation of the Project by the completion datesetJ(lTt~
in the Notice to Proceed or abandons the Project, the Department shall. provide the Cityv.'ith
\'lrittcn notice Qf its intent to terminate this Agreement unless the condition resulting in such
notice is corrected. l[the City Jails to r~spond or take corrective action \vithin thepre.scribed
tim(: period set forth in the notlce,lhe Department may terminate the Agreement as provided for
in Paragraph 6.a.( 1), includingitsobHgation to reimburse any monies expended forUle Project
except for those ponionsof thcflr~~iect already completed by the City and accepted by tbe
Department.
d; Upon certi ficatiOllofcQlllplctioohy the Ci ty. inspection, and conditiomtl approval of the
Projedin writing by the Dcpatjh1em's Landscape Architect, the Project shall be subjcct loa
nihety calendar day cstablishIllclltpqriod.
3. BILLING and PAYMENT
a, Upon completion of thenincty-calendar day establishment period and approval of the
PrCl)9c,l Installation by the Department, the City shall, within one hundred eighty calendar days,
furnish the Department with four signed originals of iL'i final~nd complet~ billing ofaaeligihl~
cqstsincurred.in conncction..withUleProJccl. Bills for fcesorolhcrcompensation forservic~s~r
expenses<shaU bcsubmiltedi.ndetaiLsufficicnl for a proper pre-audit and post-auditthcreot: Tn~
ll1voice shall show the descliptionand . site of the Project; the date on. ,....hich thefitst work was
performed llr the date on which the earliest billed expense was incurred; the date on which the
last work was performed or the last item of billed expense v,,'as incurred; and.lhe l~qalionwhere
records and accounts billed canbcauditcd,
b, The Department shallr~irnburse the City in an amount not to cxcc~d $150,000 Dollars
wld No Cents for all e1igibleexpel:lditures for the professional design, purchase and instal.lation
of plant material, fertilizer. alld soil amendments as identified in Exhibit "B". Rcimburscl11entfor
design expenditures shall not exceed ten percent of the total reimbursement amount. The
Department1s obligation to reimlmrse the City shall be subject to: t 1) legislative approval c}fthc
Department'::; appropriation request for the work program year in which the Project is scheduled
to becommilled: (2) the City's installation of the Projt:ct in accordance with the approved
documents; and (3) Department approval of the Project alter the ninety c,llcnclar day
establishment period.
C. A Vendor Ombudsman has been established within the Department or Banking and
Finance~ The duties of this individual include acting as an advocate for contractors/vendors \vho
may be experiencing problems in obtaining timely paymcnt(s) Irom a stale agel1ey~ The Vendor
()mbudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
3 ()f 10
1"800-843-3792. -nle interest penalty foruclayin payment shall be in accordance ,vith Section
215.422(3 )(b), Florida Statutes,
d. Records of costs incurred under terms of this Agreement shall be maintained and made
availableuponrcquestto the Departmental any time during the pcriodof this Agreement and for
three years after finalpaymcnt is made. Copies of these documents and records $hall be
furnished to thc DepartulcnLUpollreq\.lest. Records of costs incurred include the City's gencrri!
accounting records. together ,vithsupporting documcnL'l and records. of the City and all
subcontractors performil}K Wo*.ottthc Project, and aUotJlcr records of the City and
sl.lhcontractors.considcrccla.sncce$saryby the Department fora proper audit of costs.
e. The parties recognize and accept the funding restrictions asset fc.Jrth in Section
339.135(6)(a). Florida Statutcs. which mayalTectthe Department's obligations hereunder:
The Department during any fiscal year. shall not expend money, incur any
liability, or enter into any contract which, by its terms, invo.lves thcGxpcnditurc
of money in excess of the amOlmts budgeted as available for the expenditure
during such fiscal year. Any contract, verbal or written, rnadeinviolation of this
subsection is ntllJ(ind void, arid .no money may be paid Dn such contract. The
Department shall Tcquitcastatement from the comptroller of the Department that
funds arc available prior 10 entering into any such contract or other hinding
commitmenl of funds. Nothing herein contained shall prevent the making of
COnlracts fora period exceeding one year, but any contract so made shaHqe
pxecutory only for the value of the servic.es to be rcnderedor agreed to be paidJpI'
in the succeeding fiscal years; and this paragraph shall be incorporated verbatim
iIlall~ontracts of the Department which are for an)' amount in exce;;sof $25,OQO
and which have a term for a period of more Ulan oncycar.
f. The Department recognizes that the City must. corllply with ScctWn 166.241, Florida
Statutes. This Agreemcnt shall not be construed to modify, in any \vay, the City's. obligattons
under tJl0SC statutes.
4, AUDITS
Section 115.97, FlorIda Statutes, the Florida Single Audit Act. requires recipients offedera! and
statefundsto have audits done annually U$ing the following criteria.
a. Federal awards arc Lo be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number. award number and year, and name of the awarding federal agency.
(1) In the event that a recipient cxpends $500,000 or more in Federal awards in its
t1scal year, the recipient must have a single or program specific audit conductt:din
accordance \vith the United States Office of ;vlanagement and Budget (OMB} Circular A-
133.
(2) If a recipient expends less than $500.000 in Federal awards during its fiscal year,
an audit conducted in accordance wilh the o~m Circular A-] 3.1 is not required. If a
4 of 10
redpicfll expends less than $500,000 in Federalaward$~huingits liscal year and elects to
have an. audit conducted in accordance "with OMR Circular A-I 33. thecostbf t4cau.dit
must he paid from non-federal funds.
b. State awards will beirlentit'iedusing the Catalog of State Financial Assistance (CSFA)
title and number, award.mU11beranqY~l:ir~and name oftheu\varding state agency.
(1). In the evenlt~atarec.ipi911texpcnds $500,000 or nlorein State awards during its
fiscal year, the r~(;jpi~fLtnl:g$thave>a state single or program specific audit conductedin
accordance with Sccti(H12IS.97. Florida Statutes,anJGhapters I 0.550 and 10.650,I{uJes
ofille Auditor General.
(2) .. lfa recipient expends less than $500,000 in Slate awards during ItS flscal}'9a;r.an
audit conducted in accordance with Section 215.97 Florida Statutes, and Chapters 10.550
andIO~650, RulesofLhe Auditor General is not required.lfarccipient expcndslessthan
$500,000 in State awards during its fiscal yearallclcledsto have an audit conducted in
accordance with Section 215.97, Florida Slatutcs,andChapters 10.550 and 10.650, Rules
of the Auditor General, the const of the audit must be paid fromnon~state funds.
c. ReportillgPackagesarid management letters generated from .uudits conducted in
accordance with OMB CirCl.1larA-133 pc received by the appropriate FDOTpf1ice no Iatcrthan
l1iuemonthsafter the cnd6fth~recipicnt'sfiscal year. Financial ReportingPackagesgcneruted
il1>accordance "'lith Section 215.97;. Florida Statutes, shall be submitted to the awarding EPOT
officepythc recipient within thirty da>isbf receiving it
d, The recipient shall follow up and take corrective ~ttion on findings. Prcparatiohofa
Stu11rnary schedule of prior year audit findings, including corrective action and current status.qf
the audit findings isrcquired. Current ycaruudit findingsreqwe corrective action and stalusof
finding.
e. Project records shall be retained and available forat least five ycarsJrprl1 thcdatc the
aueth report is issued. Records related to unresolved audit findings, appcals~o:litigation shaJlbe
retained until the action is completed or the dispute is resolved. Access tqpmjecl records and
alldit\vorkpapcrs shall be given FOOT, tht: Comptroller, and thcOfliceofthc~udilOr General.
This section does not limit the authority of the Department ll1conduct oram.mgeJor the conduct
nfadditionaJ audits or evaluations of state I1nancial a...;sistancc or limit thealllhodty orany other
state 0 ffiei al.
[; The recipient shall submit required documt:ntatlon as follo\';"s:
(1) A reporting Package and Data Collection Form f()r each audit conducted In
acconJancc,\ith OIvm Circular A-133 shall be sent to:
Florida Department of Transportation and
District tvlaintcnance Office
MS 7-1200, 11201 N. McKinley Urive
Tampa. Florida 33612-6456
Fcdeml Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jcfli::rson, IN 47132
50f 10
(2) . ...... . A Financial Reporting Package of audit$ conducted in accordance with ScctiQl1
215;97, Florida Slatutes{and Chaplers 10.550 and 10.650, Rules of the Auditor General
shall be sent to;
Florida DCp'~lellrofTransportation and
District Muh,tenanceOffice
MS 7-1200,11201 N. McKinley Orive
'fampa,. F]Qti4a33(i12:-6456
Auditor General's Office
RoomA01, Pepper Building
111 West Madison Street
TaIJahasscc, FL 32399-1450
g~ Any reports, management letter, or other information required to be submittdd to the
Depattmcntpursuant to this agreement shall be submiued timely in accordance with OMU
CircularA.133, FloridaSlatutes, .and Chapters 10.550 and 10.650, Rules Of the Auditqr(3eller~~,
a,':iapplicable, Recipients should indicate the date that the reporting package wasdeliver~d tathe
IDepa11mentincorrespondence accompanying the reporting package;
h. fnaddition to revic\\isof audits conducted in accord.mce with OMHCircular A-133 and
Section 215.97, F.S., monitoring procedures may includeOh-sitc visits by the. Department,
limited scqpc audits as defined by OMB Circular A- 133, as revised, and/or other procedures.
The recipient agrees to comply and cooperate fully with an}' monitoring procedures/processes
deelJledappropriate by theDep~~lem.. The recipient furLher agrees. to comply and cooperate
'with any. inspectjons, rcviews,iu.vcstigations. or audits deemed necessary by the Chief Financial
Officer (CFO) or AuditqrGeneraL
5. rvlATNTENANGE
a. At such time as the Dcpartmcntissucs a Notice toProceed'..vith. Project installation and
qntilsuch time as the Pmjccl is removed pursuant to Paragrapll6. th~ City shall maintain the
Project in a reasonable manner and with due care in accordance with Project standards,
Specifically. the City agrees to pcrt4Jml the t4JlIowing r~sponsibilities;
(I) removal ofIittcrfrom all landscaped areas of the ProjectHiglnvay;
(2) wateringi1hdl~rtfli~tion of all plants;
(3) mulching of all plants beds.:
(4) keeping plants as free as practicable from disease and harmful inseCts;
(5) weeding the Project premises routinely:
(6) mowingand/orcutting grass within the landscaped areas:
(7) pruning all plants, specifically removing of all dead or diseased parts of plants
and pruning of all parts of plants that present a visihlehazard to those using the
roa.dway;
un r~placement. or al the City's option, removal of all dead or diseased plants or
other parts of the Project that have fallen below Project standards, All
replacements shall be of substantially the same grade. size and speciticationas
originally provided for in the plans and speeification~, unless otherwise
authorized by the DCpartIIH:nt; and
6 or 10
(9) routine maintenance as prescribed by the manufacturer of any Projectirrig~ttiotl
system.
bi Maintenance of the Project shall be subject to periodic inspections by the Department. In
the event that any of the aforementioned responsibilities are not carried out or are. o thenvisc ,
determincd by the Department to be not in confonnance \',,'iththc applicable rrojectstandards~
rhcDep4.rtment may terminate the agreement in accordance with paragraph 6.<1(1).
C~ The Departmcm's Area Maintenance Office shall be notified forty~eighthQ~rs ill aQyaIl<;;c
bf(;0lU11)~ncing any scheduled maintenance activities. Emergency repairsshaU be petfonned
without delay and the Mai~te~a~ce9t"fice notified immediately. The. Area Millntenance Engineer
.with responsibilitYforthe~tla.d\~~Ywithinthis Project is Mr. Brian Bennett, P.E.,Jocatcclat 5211
Ulmerton R&. Clear\\'aterjFlorida,.telephonc number (727) 570-510 I, Prior to any major Project
retonstruclion or replacCml:ll.tll(.:tiyity,theClt)'is 10 notify all the utilitit:s.oflheir wdrkschcdule,
Sf) that any affectcdmiliticscan beHeld located and marked to aV{Jid damage.
d. If theeity desires to position vehicles. equipment. or personnel. or to perform
maintenance activities closer than fifteen feet to the edge of pavement; or 10 close a traffic. lanc,
Maintenance of Traffic shall be in accordance with the Project plans and aU Depart.mental
Maintenance of Traffic Regulations. The City shall have rvfaintenanceof Trame certified
personnel supervise the set up and operation of such Maintenance of Traffic devices ut thesile of
the maintenance acti vity.
e. The.. Department"viIlrcqtlir~. ~f~epity to cease maintenance dperatiotlsand reJ1lQveall
personnel andequipmcntJroluthcPcpftttrnent's right-of-way if any actions on the part ofthc
City or representatives of the City vioh.lte the conditions or intenl of this agreement as
d~tcrmincd by the Departn'lenL
6. TERlvllNATlON
a, The Agreement may be tenninated under anyone of the lollowing (:Qnditiot1s:
(I) By the Department if the Cit}'. Jt)lIowing fifteen calcnd<U'days'writlenn6tic~;
fails to perform its dutie~under thisagrt:emenl; or if thc City.rcfuses to allow public
access to all dOCUIllcnts, papers. letters. or other material subject \0 the provisions of
Chapter I 19. FloridaStatutes,and made or received b)' the City in conjunction with this
Agreement.
(2) I3y the City following sixty calendar days' written notice.
(3) By the Department following sixty calendar days' wTittcn notice.
b. \\,'ithin 60 days following a notice 10 temlinate pursuant to 6.a,(I) or 6,a.(2), if the
DepaJ1ment requests. the Cilyshall remove the Project and restore the Project premises tuthe
samesafecondirion existing prior to installation of the Project. If the Depru1ment docs not
request such restoration or terminates this Agreemcnt pursuant 10 6.a.(J). the Department may
complete, remove, rclocate or adjust the Project as it deems best.
7 of 10
Cc It isundcrstoodbetwccnlhcpanies hereto that any or all oftheprojecl may be removed,
r~locate<:l!oradjustedaranylimein the future as delemlined to be necessary by the. Department
inorderfuattlwadjaccllt state Toad he widened. altered. or othenvise changed to meet with the
future criteria or planning of the Department. The Cit)' shall be given nuticeregardingsuch
r\,":m?val. relocation, or adjustment and shall be allowed sixty days to remove the affected. part or
the Project at its own cost. The City\vil1 own1hat part of the Project iLremoves. After the sixty
dayremoval period. the Deparunent then may remove, rclocatc,oradjust the Project as itdeem~
hestWherever the City removes any or the entire Project pursuant to this agreement, thcCity
shallrestore the surface or the af!ccted portion of the Project premises to the same safe condition
as it \vas before installationofsuch.landscaping pursuant to the agreement. The restoration ~ha.n
indudegrading and filling holes Ucndindentations caused by the afort..\said remova1.as \vellas
any seedingorsodding.tlcqcss!lrytop~ovidc a grassed area.
7. INDEMN ITIES
n, rothc>cxtcnt providcdhy law, the City shall indemnify. defend, and hoJdharmlcss the
Departntcntand all. of its ofticcrs,agcllts and employees hum anyclainlr loss,darnag~.cpst.
charge, or expense arising out of any .act, error, omission, or negligent act by the City, its agents.
or its employees, during the performance of (he Agreement, except that neither the City, its
agents, or ilsernployees, \....ill be liable under this paragraph for any claim, lOss!damagc;9os~
charge, or expense arising out of any act, error, omission, or m:gligent act by the Departmentor
any of itsomccrs, agents, oremplQyeesduring the pcrformanceoftheAgree1l1cnt.
b. When eitherpatty~~c~h~#snOlice()f a claim for damages that may' have bcen<cm(sedb)~
the other party in the perlprmance.of services required under this Agreement. that party will
immediately [orwardtheclaimtqtheqthcr party. Each party will evaluate the claim, an4rCp{)(l
itstindings to each other within fourteen working days and jointly discuss options in defending
theclainl. A party's failure to promptly notify the ~1theror a claim will not act as a waiver of any
right herein,
8. GENERAL
u. .... The Department's District Secretary or his designee sh~lldf!cide~ltqucstions, difficulties,
and disputes of any nature whatsoever that may arise under orbyreasQn of this Agreement the
prosecution, or fulfillmenLof the service hereunder und the character, quality. amount, and value
thereof; and his decision upon all claims, questions, and disputes shall be iinaland conclusive
upon the parties hercto.
b. A person or affiliate who has heen placed on the convicted vendor list following a
conviction fora public entity crime may not submit a bid all a contract to provide any goods or
services to <3 public entity. may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids 011 leases o1'rcal
property 10 a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor. or consultant under a contract with any public cntity. and may not transact
business \vith any public entity in excess of the threshold provided inSeclion 287.017. Florida
!lol'10
Statutes, for CATEGORY TWOfora period of thirty-six months from the datcof being placed
on the cOlwictedvendor list.
c. This Agreement ernbodies the entin= Agreement ,and understanding between the partip~
her~toand there are no other agreements or understandings, pralor ,...Titten. ,,,"ith rcferencelO the
subject matter hereof that are not merged herein and supersededhcreby.ThisAgrecItlcntmay
not, be assigned or transterred by the City in whole or in pan without wnttenconsentofthe
Department.
d. If any provlsim"tdfthe AgrcemcIll is held invalid, the remainder ofthis Agreement shall
notbcaftected thereby if such rernainder would then continue toc()uformto the Lenn$ alld
requirements of applicable law.
e: This Agreement, regardless of where executed, shall be governed by and construed
Hcc.ording to the Laws of the State of Florida.
1I of 10
p~- \
City Council
~9~!:!~,~~~"~,~,~~emorand u m
101-3
Tracking Number: 873
Actual Date: 04/21/2005
Subject / Recommendation:
Approve a five-year Lease Agreement from February 1, 2005 - January 31, 2010, with
automatic five-year renewable options (5 options), between the City of Clearwater and
Clearwater for Youth, a Florida Non-Profit Corporation for the use of certain portions of The Long
Center to provide financial support to various City Co-sponsored youth groups and organizations;
approve forgiving $12,000 of rent revenues from Clearwater For Youth and approve First
Amendment to the Transfer Agreement dated August 27, 2003 between the City of Clearwater
and the Pinellas Community Center and authorize the appropriate officials to execute same.
Summary:
The City Council approved an agreement between the Pinellas Community Center Inc. (PCCI)
and the City for the management and maintenance of the Long Center on August 27, 2003. In
essence this agreement transferred ownership and operation of the Long Center over to the City
of Clearwater.
According to this agreement under Article III Section 1b, all sponsoring agency use agreements
between Clearwater for Youth, Upper Pinellas Association for Retarded Citizens, Inc. (UPARC)
and City of Safety Harbor would technically be terminated. However, the agencies would be able
to use the facility under the same terms and conditions until the City and the sponsoring agency
had entered into new use agreements.
The City of Safety Harbor has constructed new recreation facilities and chose not to continue
their sponsoring agency status with the Long Center and thus a new agreement with the City of
Safety Harbor is not necessary.
A new agreement between the City and UPARC was approved by the City Council on October 7,
2004.
This agreement will in essence update and replace the expired agreement between Clearwater
for Youth (CFY) and PCCI.
This agreement will allow for CFY to continue to use the Long Center as the base of their
operations to provide financial support to various City Co-sponsored youth groups and
organizations by providing participant scholarship support, matching grant support for state or
national competition and matching grant support for facility improvements. This is a much
broader mission than in the past as they were only able to give support to a limited number of
youth organizations i.e. Jr. Tornado Football, Green Wave Basketball, etc.
The new agreement does not include any rent payments from CFY as were required in the
previous agreements with PCCI. Therefore, since this agreement will require that at a minimum
CFY will donate $100,000 to local youth groups over a five year period, staff is recommending
that the $12,000 of rent revenu
City Council
~g~~~'~"'~~!~~F~!rnorandu m
e from CFY be forgiven.
Under this agreement CFY will have use of some office space, and be permitted to use the Long
Center common facilities. The City will provide maintenance for all major capital components of
the building, provide all custodial maintenance, pay for all utilities and provide some limited
clerical support and use of support equipment.
The amendment to the Transfer Agreement will provide consistency between the two
agreements to include the administrative offices to be used by Clearwater For Youth. In the
event the City terminates its agreement with Clearwater For Youth then the annual Foundation
funding shall be terminated.
A copy of the agreement is available in the Official Records and Legislative Services Department
for review.
Originatino: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Reduction of Revenue
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budget Adiustment Comments:
Reduction of Revenue - rent Long Center 010-01816
Current Year Cost:
$12,000.00
Annual Operatinq Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$12,000.00
Not to Exceed:
$12,000.00
~j)--Rropriation Code(s)
010-00000-347202
Review Approval
Kevin Dunbar
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Laura Lipowski
Bill Horne
City Council
"~g~~~~,~,Q~,~!~~~~~~rand u,m
Amount
$12,000.00
Comments
Reduction of revenue - rent Long Center
010-01816
03-29-2005 10:28:37
04-11-2005 07:54:59
03-31-2005 14:46:38
04-07-2005 17:06:20
04-04-2005 16:28:55
04-09-2005 22:35:06
LEASE AGREEMENT
~\ PQ-1
~Z'~ 1,1 ,3
THIS LEASE AGREEMENT, entered into this _ day of ,2005, between the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation of the State of Florida, as
"Lessor" or "City", and CLEARWATER FOR YOUTH, INC., a Florida not-for-profit corporation, as
"Lessee" or "CFY" (each referred to individually herein as "Party" or collectively as the "Parties").
WHEREAS, it has been determined to be highly desirable to provide financial support to
various City co-sponsored youth athletic programs and organizations ("City_Co-Sponsored
Organizations" or "City Co-Sponsored Programs"), and to that end, Lessor continues to partner and
enter into agreements with various organizations as a means to help young people, adults and
families; and,
WHEREAS, Lessee has a long standing history of providing youth sport programming
operations and financial assistance within the City of Clearwater; and,
WHEREAS, through its the Board of Directors, Lessee organized The Long Center
Foundation, a Florida Non-Profit Corporation, in 1986 (the "Foundation", formerly the "Center
Foundation") for the purpose of planning, building and endowing the unique 150,000 square foot $15
million recreational and educational facility known as The Long Center for, among other things, to
provide Lessee with permanent office facilities and to augment their recreational sports mission; and
WHEREAS, the Board of Directors of Lessee also organized The Long Center, Inc., a Florida
Non-Profit Corporation in 1990 for the purpose of owning and managing The Long Center; and
WHEREAS, the Boards of Directors of both the Foundation and The Long Center, Inc.,
through an agreement with the Lessor ("Transfer Agreement") transferred the facility and all of its
interest in furniture, fixtures and equipment to the Lessor on October 1, 2003, in consideration of the
Lessor taking responsibility for the operation and management of the facility using Lessor resources,
with the exception of a annual subsidy to be provided by the Foundation; and
WHEREAS, as a result of the Transfer Agreement, the Lessor currently owns the Long Center,
("Center"), located at 1501 North Belcher Road, Clearwater, Florida; and
WHEREAS, in addition to transferring ownership of the Long Center building, the Transfer
Agreement stated that the Parties would enter into an agreement replacing a former Lease
Agreement which would provide Clearwater For Youth with office space and use of the facility, said
Agreement to be revised only as mutually agreed upon; and
WHEREAS, the Board of Directors of the Lessee desires to continue to provide financial
support to athletic programs including City Co-sponsored Organizations and Programs, and
specifically Clearwater For Youth Programs as a City Co-Sponsored Program, and is agreeable to
entering into this Lease in accordance with the Transfer Agreement, as amended.
NOW THEREFORE, the parties agree as follows:
1 . RECITALS. The foregoing recitals are true and correct and are incorporated in and
form a part of this agreement.
1
2. LEASE PROPERTY.
That the Lessor does lease to the Lessee the following premises: office space consisting
of approximately 237 square feet within the Long Center facility. Lessee shall have exclusive
use of the office space. In addition, Lessee shall be permitted use of the Long Center common
facilities and services as further described herein, for purposes defined herein. The Lessee
hereby agrees that such use of common facilities and services is subject to use preference as
determined by the Lessor in its sole discretion or as otherwise defined hereunder.
Such property shall hereinafter be referred to as the "leased premises", "demised premises" or
the "leased property."
3. LEASE TERM.
The term of this lease shall be for 5 year(s); which term shall commence on the 1st day of
February 2005, and shall continue until midnight on the 31 st day of January 2010 ("Initial Term").
This Lease shall automatically renew for five (5) successive five (5) year periods unless notification of
termination is provided, in writing, by the terminating Party sixty (60) days prior to the end of the then
current term, as termination is provided for hereunder. However, nothing in this Lease shall be
deemed a waiver by the Lessor of its right to cancel or not to renew this Lease as otherwise provided
herein. The expression "term hereof" refers to the initial term hereunder and to any extension in
accordance with the Lease terms herein.
4. RENT.
The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00)
as rent during the initial term of this lease, and for each renewal period, the receipt of which is hereby
acknowledged. In further consideration of Lessor entering into this lease with Lessee, Lessee
covenants with Lessor that Lessee shall contribute an additional One Hundred Thousand Dollars
during the Initial Term and One Hundred Thousand Dollars ($100,000) for each five year extension
thereof, to support various City Co-Sponsored Organizations ("Co-Sponsorship Contributions"). For
purposes of this Lease, a Lessor Co-Sponsored Organization is defined as an organization that has a
current, effective Co-Sponsorship Agreement with the Lessor or in the future meets Lessor
requirements to become a new Co-Sponsored Organization. Lessee's failure to timely contribute the
Co-Sponsorship Contributions during the Lease Term shall be deemed a material default, subject to
provisions of Paragraph 20, DEFAULT; REMEDIES; TERMINATION BY LESSOR.
5. CO-SPONSORSHIP CONTRIBUTIONS.
Types of financial support to be given as Co-Sponsorship Contributions include, but are not
limited to: (1) Participant scholarship support; (2) Matching grant support for City Co-Sponsored
Organization or individual participants ("Participant" or "Participants") in City Co-Sponsored
Organizations, competing at the state or national level; (3) Matching grant support to City Co-
Sponsored Organizations for facility improvement.
2
6. LESSOR IN KIND SERVICES.
The Lessor agrees to provide maintenance of all major capital components of the leased
premises including air conditioners, roof, painting, plumbing, and electrical, as well as all custodial
maintenance for the portion of the Center to be used by the Lessee. In addition, Lessor will provide
all utilities necessary for the operation of the Lessee's office, as well as clerical support and use of
support equipment (e.g., copy and fax machine) in the operation of official Clearwater For Youth
business. Said clerical and equipment support shall be provided only for services benefiting City Co-
Sponsored Programs and shall be subject to City's discretion.
The Lessor shall not make any monetary contributions as a part of this agreement, however, in
addition to the use of the Center by the Lessee, the Lessor agrees to help direct potential
contributions of third parties and sponsorship solicitations to the Lessee, to help fund City Co-
Sponsored Organizations as contemplated hereunder. The Lessor also agrees to provide assistance,
subject to applicable law and policies of the Lessor, in developing a capital campaign program, similar
to a "Pennies for Parks" program (as operated by Pinellas County), whereby financial resources are
contributed to athletic sponsorships and programs via various sources such as through public
contributions on utility bills.
7. CLEARWATER FOR YOUTH PROGRAMS AND USE OF FACILITY.
(a) Lessee Programs. All current Lessee programs, including, but not limited to, the
Junior Tornado Football program, will become City Co-sponsored Programs and will execute a City
of Clearwater Sports and Program Co-Sponsored Agreement, enjoying all rights therein. Said
program shall receive financial support under this Agreement comparable to support provided for all
City Co-sponsored Programs. The Junior Tornado Football program will enjoy use of the facilities at
the Long Center, as they traditionally have and its City Co-sponsored Agreement shall be annually
renewed unless terminated as provided therein.
(b) Rules for Use. Rules and regulations applicable to and governing the use of the
Center by Lessee may be established by the Lessee, providing said rules and regulations are not in
conflict or inconsistent with the ordinances, policies or operating rules of the Lessor, the Center, or
this Agreement.
(c) General Adherence to City Ordinances. Notwithstanding any limitations implied by
the provisions above, the Lessee promises to comply with all statutes, ordinances, rules, orders,
regulations, and requirements of federal, state, county and City governments and their respective
agencies applicable to the use and occupancy of the premises. Lessee will save Lessor harmless
from fines, penalties, costs, expenses, or damage resulting from Lessee's failure to observe and
perform the undertakings contained in this section.
(d) No Unlawful Use. The Lessee promises and agrees that it will make or allow no
unlawful, improper or offensive use of the premises. Further, the Lessee understands and agrees
that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic
beverages or controlled substances anywhere in, on or around the Center and those adjacent areas
used by the Lessee.
3
(e) Signage. The Lessee shall have an identification sign in the Center at the main
entrance, according to the Clearwater City Code and procedures and with approval from the
Lessor.
8. Payment of Fees and Taxes. The Lessee shall obtain all required licenses at its own
expense and shall be responsible for all personal property taxes as may be assessed against the
leased premises during the lease term, and shall promptly pay same when due.
9. Scheduled Reports of Lessee Activities:
(a) The Lessee shall furnish the City Parks and Recreation Department with an annual
report of activities conducted and financial support distributed to Co-Sponsored Organizations or
Participants under the provisions of this agreement within 60 days of the end of the Lessee's fiscal
year. Each report is to identify the amount of support provided, number of clients served, the type of
activities, projects and programs funded.
10. CREATION, USE, AND MAINTENANCE OF FINANCIAL RECORDS:
a) Creation of Records: Lessee shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any information necessary to reflect
fully the financial activities of the Lessee. Such records shall be available and accessible at all times
for inspection, review, or audit by authorized Lessor representatives. Records must be made
available in accordance with applicable law.
11. ASSIGNMENT OR SUBLEASE.
This Lease may not be assigned by the Lessee. Any attempted assignment of the rights and
obligations provided for herein shall be of no force or effect and shall upon such attempted
assignment or transfer, render this Lease null and void.
12. ALTERATIONS AND IMPROVEMENTS.
Any modifications or improvements to any portion of the Center to be used by the Lessee
hereunder, must be approved in advance by the Parks and Recreation Director, to the extent that the
Parks and Recreation Director has the authority to so approve, or by the Clearwater City Council.
Any improvements shall become the property of the Lessor upon expiration or termination of this
Agreement.
13. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that
may be occasioned by or through the acts or omissions of persons occupying the premises or
adjoining premises or any part of the premises adjacent to or connected with the premises hereby
leased or any part of the building which the leased premises are a part or for any loss or damage
resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam
pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees.
14. RIGHT OF ENTRY.
4
The Lessor, or any of its agents, shall have the right to enter said premises, including the area
designated for the Lessee's exclusive use hereunder during all reasonable hours, to examine the
same to make such repairs, additions or alterations as may be deemed necessary for the safety,
comfort, or preservation thereof. Right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions, which do not conform to this Agreement. Lessor
agrees to give reasonable notice to the Lessee before entry to their office area.
15. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a
recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the
beginning of this lease and agrees to return the premises to their original condition at the expiration of
the term, excepting only reasonable wear and tear arising from the use thereof under this agreement.
16. INSURANCE.
The Lessee shall independently procure at its own expense and maintain during the term of
this Agreement insurance as shown below:
(a) A Comprehensive General Liability policy covering claims for injuries to persons or
damage to property, which may arise from or in connection with use of the Center premises by the
Lessee including all activities occurring thereon.
(b) Insurance procured in accordance with section 16 (a) shall have a minimum coverage limit of
$500,000.
(c) Lessee shall at all times and at its expense maintain insurance against loss by fire or other
casualty with extended coverage on any furniture, fixtures, inventory, equipment, supplies and
personal property located in and on the premises, if applicable, and said policies shall include a
standard waiver of subrogation against the Lessor.
(d) Worker's Compensation - Coverage to apply for all employees for statutory limits in
compliance with applicable State and Federal laws. In addition, the policy must include Employer's
Liability with a limit of Five-Hundred Thousand Dollars ($500,000.00).
(e) Each insurance policy issued as a requirement of this Agreement shall name the City of
Clearwater as an additional named insured. The coverage shall contain no special limitations on the
scope of protection afforded to the Lessor, its officials, employees, agents or volunteers. The Lessee
shall provide a copy of any or all insurance policies upon request by the Lessor. The Lessee shall
furnish the Lessor with Certificate(s) of Insurance with all endorsements affecting coverage required
by this section. These forms shall be received and approved by the Director of Parks and
Recreation before execution of this Agreement by authorized City officials.
5
17. LIABILITY AND INDEMNIFICATION.
The Lessee shall act as an independent contractor and agrees to assume all risks of occupying
the leased premises, or other use of the center as provided for hereunder, and all liability therefore,
and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from
and against any and all claims of loss, liability, and damages of whatever nature, to persons and
property, including, without limiting the generality of the foregoing, death of any person and loss of the
use of any property, except claims arising from the negligence or willful misconduct of the Lessor or
Lessor's agents or employees. This includes, but is not limited to matters arising out of or claimed to
have been caused by or in any manner related to the Lessee's activities or those of any approved or
unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by
the Lessee in or about the premises whether or not based on negligence. The above indemnification
provision is not intended to apply to losses resulting from use of the facility by City Co-sponsored
groups, which are separate legal entities from CFY, and which have Co-Sponsored Agreements with
the City containing independent insurance and indemnification provisions.
18. NON-DISCRIMINATION:
Notwithstanding any other provisions of this agreement during the term of this agreement, the
Lessee for itself, agents and representatives, as part of the consideration for this agreement, does
covenant and agree that:
(a) Nondiscrimination: Lessee agrees that no person shall, on the grounds of race, sex,
handicap, national origin, religion, marital status or political belief, be excluded from participation in,
denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of
the provider, except that programs may designate services for specific client groups as defined by
the program guidelines. Lessee agrees to maintain access to handicapped persons in accordance
with applicable law.
(b) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the Lessor shall have the right to terminate
this agreement immediately upon the giving of notice, as the giving of notice is required herein.
19. SUBORDINATION.
This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to
all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The
Lessee further agrees to execute any instrument of subordination, which might be required by
mortgagee of the Lessor.
20. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
For Cause: Failure to adhere to any of the provisions of this Agreement by the Lessee shall
constitute cause for termination. Such termination shall be noticed in writing and the Lessee shall
have 30 days to remedy the default.
For Municipal Purpose: In addition to the right to terminate for cause, the Lessor may
terminate this Agreement in the event it determines that the Leased Premises is required for any
6
other municipal purposes by giving sixty (60) days written notice of such intended use, following
which this Agreement shall terminate in every respect, and both parties shall be relieved of any
further obligations hereunder, except that Lessee shall be responsible for full payment of all costs and
expenses resulting from the operation of the Leased Premises which remain unsatisfied, together
with any other monies due in accordance with this Agreement, pro rata to the date of termination.
In the event of termination in accordance with a municipal need as described herein, the Lessor
represents that it will make its best effort to make available to the Lessee, facilities comparable to that
currently enjoyed by the Lessee in exchange for comparable financial support.
Additonally, the Parties hereto acknowledge that that certain Agreement between the City, The
Long Center Foundation and Pinellas Community Center, Inc., dated October 1,2003 (the "Transfer
Agreement"), which transferred title to the Long Center building, among other things, contemplated
that the Lessor (City) would enter into a lease agreement with Clearwater For Youth. The new lease
was to contain the same terms and conditions of the lease agreement between the Foundation and
CFY, that existed at the inception of the Transfer Agreement (the "Original CFY Lease"), unless the
City and CFY agree to revised terms. The Parties have mutually agreed to amend those terms and
conditions to provide additonal benefits to CFY under this Lease, in exchange for an additional
contribution of One Hundred Thousand dollars ($100,000) every five years, to City Co-sponsored
athletic groups. In addition, the Transfer Agreement shall be amended concurrently to state that in
the event this Lease is terminated for other than cause, and the City fails to provide comparable
facilities to CFY at the Long Center, the Two-Hundred Thousand dollar ($200,000) annual subsidy
provided by the Foundation under the Transfer Agreement, shall terminate.
21. ARBITRATION OF CONTROVERSY
Any controversy or claim arising out of or relating to this agreement, or the breach of this
agreement, shall be settled by arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association, and judgment on the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof.
We further agree that any such controversy or claim shall be submitted to three arbitrators
selected from the panels of arbitrators of the American Arbitration Association. There shall be three
arbitrators, one named by each of the Parties within twenty (20) days after the demand for arbitration
is made and a third to be chosen by the two named. Should either party refuse of fail to join in the
appointment of the arbitrators, the arbitrators shall be appointed in accordance with the provisions of
the commercial arbitration rules. Costs resulting from arbitration shall be divided evenly between the
Parties.
22. MISCEllANEOUS.
(a) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee, as permitted hereunder.
(b) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
7
(c) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
(d) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
23. RADON GAS NOTIFICATION, AS REQUIRED BY FLORIDA STATUTE 404.056(8) IS TO BE
INSERTED IN ALL CONTRACTS FOR SALE, PURCHASE OR RENTAL OF REAL
PROPERTY.
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county health unit.
24. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively
deemed to have been received by a party hereto on the date it is hand-delivered to such party at the
address indicated below (or at such other address as such party shall specify to the other party in
writing), or if sent by registered or certified mail (postage prepaid), when actually received or on the
fifth (5th) business day after the day on which such notice is mailed and properly addressed,
whichever is earlier.
(a) If to Lessor, addressed to Parks and Recreation Director, P.D Box 4748, Clearwater, FL
33758.
(b) If to Lessee, addressed to Clearwater for Youth, 1501 North Belcher Road, Suite 236,
Clearwater, FL 33765.
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
8
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are utilized,
handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be
assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes
or substances at anytime, without regard to the term of this lease. This provision shall specifically
survive the termination hereof.
28. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
29. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract; any action brought by either party
shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
CLEARWATER FOR YOUTH, INC.
By:
Charles "Trip" Weaver, President
By:
Henry G. Webb, Executive Director
AS TO LESSOR:
CITY OF CLEARWATER, FLORIDA
Countersigned:
Frank V. Hibbard, Mayor
By:
William B. Horne II, City Manager
Approved as to form:
Attest:
Laura Lipowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
9
ACKNOWLEGMENT OF THE
LONG CENTER FOUNDATION ON
BEHALF OF ITSELF AND THE FOLLOWING
ENDOWMENTS:
FISHER ENDOWMENT
SUNSHINE PLA YGOUND ENDOWMENT
FINANCIAL STABILITY ENDOWMENT
LONG CENTER ENDOWMENT
H.E. "ZIP" LONG ENDOWMENT
By:
Printed Name:
LONG CENTER FOUNDATION, INC.
By:
Printed Name:
Attest:
By:
Printed Name:
Attest:
By:
Printed Name:
10
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT to that certain Agreement dated August 27, 2003, is made
and entered into this _ day of ,2005, by and between the City of Clearwater,
Florida, a municipal corporation, having an office at 112 Osceola Avenue, Clearwater, Florida
33756 (the "City"), and Pinellas Community Center, Inc., d/b/a The Long Center, a Florida non-
profit corporation (the "Center") and The Long Center Foundation, a Florida non-profit
corporation (the "Foundation") both of whose address is 1501 North Belcher Road, Suite 225,
Clearwater, FL 33765, (individually "Party" or collectively the "Parties").
WITNESSETH:
WHEREAS, the Parties entered into that certain Agreement dated August 27, 2003,
("Transfer Agreement") wherein the ownership of the improvements on the property located at
1501 North Belcher Road in the City of Clearwater, more commonly known as the Long Center,
were transferred to the City in consideration for the City assuming responsibility, using City
resources, for the maintenance of said improvements, and the oversight of recreational operations
at the Facility; and,
WHEREAS, in addition to the maintenance and operations at the Facility, the Transfer
Agreement transferred ownership of all personal property at the Facility to the City and provided
that the City accommodate certain third party athletic organizations, including Clearwater For
Youth ("CFY") which had a then-current Lease Agreement for use of the Facility; and,
WHEREAS, as additional consideration for the City taking on these and other
responsibilities, the Foundation agreed to contribute at least Two-Hundred Thousand Dollars
($200,000) per year as an annual subsidy for the operation of the Facility; and,
WHEREAS, the Parties now wish to amend the Transfer Agreement to acknowledge
revised lease terms under which CFY shall use the Facility, and provide for the requirement that
if the new CFY lease, being executed of even date herewith, is terminated for other than cause
without CFY receiving comparable lease rights at the Long Center, the Foundation's $200,000
annual contribution shall simultaneously terminate.
NOW, THERFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. Article III. Section l(b)(4). In accordance with Article III, Section l(b)(4) ofthe
Agreement, the Parties mutually agree that the City and CFY shall enter into a
lease agreement ("Lease"), with modified terms and conditions, to be executed of
even date herewith. Relevant modified terms and conditions of the new lease
agreement ("New CFY Lease Agreement") shall include; approximately 247
square feet of administrative office space; use of the Facility; use of City office
equipment; use of City clerical staff, (subject to certain conditions stated therein);
all CFY -affiliated athletic groups shall become City-Co-sponsored athletic
groups; and the City shall direct solicitations for recreational financial support
(normally intended for the City), to CFY so that CFY may direct those
contributions to City Co-sponsored athletic groups. In exchange for the additional
benefits to CFY, CFY will contribute One Hundred Thousand dollars ($100,000)
every five years, to be distributed to City Co-sponsored groups.
2
3. Article IV. Section 1. Article IV, Section 1 shall be amended to provide that if the
Lease Agreement is terminated for other than cause, without CFY receiving
comparable lease rights at the Long Center, the Two-Hundred Dollar ($200,000)
annual funding by the Foundation shall be terminated.
4. Article V. Section 2(d). Article V, Section 2(d) is hereby amended as follows.
The first paragraph of the section regarding the City's indemnification of the
Center and The Foundation is hereby deleted. The following language shall be
inserted. "The City hereby agrees to indemnify and hold The Center and The
Foundation harmless from and against any and all claims, demands, and causes of
action or lawsuits arising from this Agreement or the performance hereof, from
the time of execution ofthis Agreement and thereafter, TO THE EXTENT
PERMITTED BY LAW, SPECIFICALLY FLORIDA STATUTES 768.28.
Nothing contained herein shall be construed as consent by the City to be sued by
third parties in any manner arising from this Agreement, or as a waiver of
sovereign immunity.
Under no circumstances, or in no event shall the City indemnify The Center or
The Foundation, or be liable in any way for claims, demands, and causes resulting
from The Center or The Foundation's ownership, use occupation of the Facility,
or any other party's use or occupation thereof, prior to the execution of this
Agreement.
3
5. All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of
,2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Home, II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
4
PINELLAS COMMUNITY CENTER, INC.
DBA THE LONG CENTER
By:
Printed Name:
FISHER ENDOWMENT
SUNSHINE PLA YGOUND ENDOWMENT
FINANCIAL STABILITY ENDOWMENT
LONG CENTER ENDOWMENT
H.E. "ZIP" LONG ENDOWMENT
By:
Printed Name:
LONG CENTER FOUNDATION, INe.
By:
Printed Name:
5
Attest:
By:
Printed Name:
Attest:
By:
Printed Name:
Attest:
By:
Printed Name:
City Council
l:\g~-:t~i;)~~~~~Memora n dum
ater
Tracking Number: 1,297
Actual Date: 04/21/2005
Subject / Recommendation:
Appoint a Councilmember as Vice Mayor
Summary:
The City's Charter calls for the appointment of the Vice-Mayor at the first meeting in April of
each year. Due to Councilmember Jonson being appointed to Vice-Mayor in January when then
Vice-Mayor Hibbard was appointed as Mayor, this requirement was overlooked. The City
Attorney has advised this appointment be done as soon as possible, so this item is a late
addition to the April 21, 2005 meeting.
Originating: Official Rec and Legislative Svc
Section Other items on City Manager Reports
Category: Other
Number of Hard Copies attached: 0
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
04-21-2005
14:19:23
Id.5
1"3 <:> \
~ City Council
,.
u Ag~I"!~~........~.~.~~~..~.~~morandu m
Tracking Number: 1,296 Actual Date: 04/21/2005
Subiect / Recommendation:
Adopt Resolution 05-22, urging the State Legislature to oppose legislation negatively impacting
Community Redevelopment Agencies.
Summary:
The City of St Petersburg has requested the City Council adopt a resolution opposing legislation
regarding Community Redevelopment Agencies, currently being considered by the State
Legislature.
Currently, counties are obligated to contribute at least 95% of their increment to a truct fund in
a redevelopment area established before July1, 1994, and at least 50% for one established on or
after that date. HB 1521 and SB 2060 if paseed will allow county governments to negotiate an
even greater reduction in their contribution and reduce the amount cities could currently bond
from the conbined sources of revenue. This could significantly reduce the amount of tax
increment financing avaialabe to use for development projects in CRAs.
Originating: City Attorney
Section City Attorney Reports
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Pam Akin
04-21-2005
09:28:43
Cvndie Goudeau
04-21-2005
09:43:32
RESOLUTION NO. 05-22
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO
VOTE AGAINST HOUSE BILL 1521 AND SENATE BILL
2060, WHICH WOULD AMEND PART III OF CHAPTER
163, FLORIDA STATUTES, IN ORDER TO PROTECT THE
ABILITY OF COMMUNITY REDEVELOPMENT AGENCIES
TO ACCOMPLISH THEIR STATUTORY
REDEVELOPMENT TASKS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 2005 Florida Legislature is considering House Bill 1521 and
Senate Bill 2060, which if enacted would significantly revise the funding mechanisms
under which municipal Community Redevelopment Agencies fund capital projects, such
as by automatically reducing current contributions by county governments; and
WHEREAS, the bills seek to assist counties in such city-county disputes; but
leave little for municipal interests in such disputes; and
WHEREAS, the bills would alter the course of redevelopment in midstream after
approval, after joint planning, and after funding commitments by the charter county,
prior to the establishment of the CRA, for the full term of the CRA; and
WHEREAS, the bills' provision requiring the preparation of interlocal agreements
not only affect community redevelopment agencies that may be created subsequent to
the effective date of the proposed legislation but would also apply to community
redevelopment agencies now existing and operating; and
WHEREAS, Section 163.410, Florida Statutes, grants all powers of community
redevelopment to charter counties which may then delegate those powers to
municipalities within such charter counties; and
WHEREAS, the bill will lead to existing community redevelopment agencies
being re-created, making new and specific findings for slum and/or blight that will be
subject to challenge, and if challenged successfully, void all prior action of a community
redevelopment agency; and
WHEREAS, charter counties have delegated powers to municipalities in the
past, but now want, through the bills, to take said powers back; and
WHEREAS, the bills will undermine the ability of community redevelopment
agencies to upgrade their areas and be attractive to developers; and
Resolution No. 05-22
WHEREAS, the bills would require community redevelopment agencies to obtain
approval from the county for any redevelopment activity that would require amendments
to approved redevelopment plans; and
WHEREAS, the bills would result in a limited number of projects with finite time
limitations, and would give the county the ability to negotiate its share of tax increment
revenue payments; and
WHEREAS, the bills effectively turn a community redevelopment program
designed to eliminate slum and blight conditions, and to enhance lifestyle and business
conditions for residents and business owners in a community redevelopment area, into
an economic development program designed to impact a limited number of fixed
projects with discernable cash returns, benefiting only those projects prepared to be
immediately undertaken; and
WHEREAS, the bills would significantly increase the amount of time to complete
amendments to community redevelopment plans, thus reducing the ability of
community redevelopment agencies to assist private developers in a timely and
opportunistic manner; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the City Council urges each member of the Florida Legislature
to vote against House Bill 1521 and Senate Bill 2060, and any other companion or
similar bill having the same adverse impacts upon Community Redevelopment
Agencies in Florida.
Section 2. That the Mayor and City Clerk are hereby authorized to cause a
copy of this resolution to be delivered to each member of the Pinellas County
Delegation and to the presiding officers of the Florida Senate and House of
Representatives.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
2
Resolution No. 05-22
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