09/01/2005
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City Council Agenda
Date: 09/01/2005 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 Senior Center Task Force Recommendations
6 Approval of Minutes
6.1 August 15, 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 the recommended Penny for Pinellas project list, as revised, for Fiscal Years
2005/06 through 2009/10.
8.2 Set a final millage rate of 5.753 mills for fiscal year 2005/06 levied against non-exempt
real and personal property within the City and pass Ordinance 7496-05, Millage
Ordinance, on first reading.
8.3 Adopt the City of Clearwater Annual Operating Budget for the 2005/06 fiscal year and
pass Ordinance 7497-05 on first reading.
8.4 Adopt the Fiscal Year 2005/06 Capital Improvement Budget and establishing a six-year
plan for the Capital Improvement Program (CIP) and pass Ordinance 7498-05 on first
reading.
8.5 Approve the applicant's request to vacate Edenville Avenue from the easterly extension
of the south property line of Lot 55, Block "A", Tropic Hill Unit 4 subdivision, (a.k.a.
2450 Burnice Drive), to the easterly extension of the north property line of said Lot 55,
subject to the retention of a drainage and utility easement over the full width of the
right-of-way to be vacated and subject to removal of existing asphalt and curbs within
six months of approval of this request and pass Ordinace Number 7463-05 on first
reading, (VAC2005-09 Allen),
8.6 Declare as surplus for the purpose of offering for sale by sealed bid in accordance with
Section 2.01 (d)(5) of the City Charter, vacant residential lots described as Lots 6, 7 and
8, Block B, FIRST ADDITION TO NORWOOD, for the minimum bid amount of $33,000
per lot.
8.7 Pass Ordinance No. 7515-05 on first reading, establishing the Clearwater Cay
Community Development District pursuant to Chapter 190, Florida Statutes; describing
the external boundaries of the district; describing the functions and powers of the
district; consenting to the use of special powers by the district; designating five persons
to serve as the initial members of the district's Board of Supervisors.
9 Quasi-judicial public hearings
- None
10 Second Readings - public hearing
10.1 Adopt Ordinance 7467-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to change the land use designation for
certain real property whose post office address is 1834 North Belcher Road from
Industrial Limited to Commercial General.
10.2 Adopt Ordinance 7468-05 on second reading amending the zoning atlas of the city by
rezoning certain property whose post office address is 1834 North Belcher Road, from
Industrial Research Technology to Commercial.
10.3 Adopt Ordinance 7469-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to change the land use designation for
certain real property whose post office address is 1822 North Belcher Road from
Industrial Limited to Commercial General.
10.4 Adopt Ordinance 7470-05 on second reading, amending the zoning atlas of the city by
rezoning certain property whose post office address is 1822 North Belcher Road from
Industrial Research Technology to Commercial General.
10.5 Adopt Ordinance 7471-05 on second reading, annexing certain real property whose
post office address is 1355 Union Street, into the corporate limits of the city, and
redefining the boundary lines of the city to include said addition.
10.6 Adopt Ordinance 7472-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
real property whose post office address is 1355 Union Street, upon annexation into the
City of Clearwater, as Residential Urban.
10.7 Adopt Ordinance 7473-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1355 Union Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.8 Adopt Ordinance 7477-05 on second reading, annexing certain real poperty whose
post office address is 2748 Shaddock Drive, into the corporate limits of the city, and
redefining the boundary lines of the city to include said addition.
10.9 Adopt Ordinance 7478-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
real property whose post office address is 2748 Shaddock Drive, upon annexation into
the City of Clearwater, as Residential Low.
10.10 Adopt Ordinance 7479 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2748 Shaddock Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.11 Adopt Ordinance 7480-05 on second reading, annexing certain real property whose
post office address is 3000 Lake Vista Drive, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
10.12 Adopt Ordinance 7481-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
real property whose post office address is 3000 Lake Vista Drive, upon annexation into
the City of Clearwater, as Residential Low.
10.13 Adopt Ordinance 7482-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 3000 Lake Vista Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.14 Adopt Ordinance 7483-05 on second reading, annexing certain real property whose
post office address is 1555 Bonair Street, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
10.15 Adopt Ordinance 7484-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 1555 Bonair Street, upon annexation into the
City of Clearwater, as Residential Low.
10.16 Adopt Ordinance 7485-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1555 Bonair Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.17 Continue adoption of Ordinance 7491-05 on second reading, vacating the portion of
Rollen Road Right-of-Way that lies between Lot 1, Block E., Pine Ridge, and Lot 1,
Block E, Pinebrook Highlands, subject to a drainage and utility easement which is
retained over the full width thereof to September 15, 2005.
10.18 Continue the adoption of Ordinance 7492-05 on second reading, vacating the drainage
and utility easement described as the south twenty feet of the vacated north one-half of
Chautauqua Boulevard, lying south of Blocks Forty and Forty-one, bounded on the
east by the westerly right-of-way line of Lake Shore Drive, and on the west by the
southerly extension of the west property line of Lot 11, Block 40, Chautauqua Unit 1,
Section A to September 15, 2005.
10.19 Continue adoption of Ordinance 7486-05 on second reading, annexing certain real
property whose post office address is 2695 Second Avenue South, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition to
October 20, 2005.
10.20 Continue adoption of Ordinance 7487-05 on second reading, amending the future land
use plan element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2695 Second Avenue South, upon
annexation into the City of Clearwater, as Residential Single and Preservation to
October 20, 2005.
10.21 Continue adoption of Ordinance 7488-05 on second reading, amending the zoning
atlas of the city by zoning certain real property whose post office address is 2695
Second Avenue South, upon annexation into the City of Clearwater, as Low Density
Residential (LDR) and Preservation (P) to October 20, 2005.
City Manager Reports
11 Consent Agenda
11.1 Amend Council Policy "I", Enterprise Fund Transfer Payment, to reflect an increase in
the percentage to be used to calculate the payment in lieu of taxes (PILOT).
11.2 Approve Brownfields Site Rehabilitation Agreement (BSRA) #BF529701 004 for the
property consisting of 3.442683 acres, more or less, known as the Clearwater
Automotive site generally located at 205 S. Martin Luther King, and authorize
appropriate officials to execute same.
11.3 Approve renewal of the Management Agreement with Clearwater Community Sailing
Association for a five (5) year period, for total payments of $66,000.00 to the City, plus
yearly Consumer Price Index increases and authorize the appropriate officials to
execute same.
11.4 Approve a one-year funding agreement, in the amount of $281 ,220 between Jolley
Trolley Transportation of Clearwater Inc. and the City of Clearwater for the operation of
transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and
services from Clearwater Beach to Downtown Clearwater and the appropriate officials
be authorized to execute same.
11.5 Approve the lease purchase financing for a mobile performance platform; award a
contract to Century Industries, LLC of Sellersburg, Indiana, in the amount of $39,083
and establish a capital improvement project for the purchase of the performance
platform in the amount of $39,083 to be funded from lease purchase financing.
11.6 Approve an addendum to the agreement between the City of Clearwater and the
School Board of Pinellas County, Florida to continue to provide one additional School
Resource Officer at each high school, Clearwater and Countryside, during school year
2005/2006, and authorize the appropriate officials to execute same.
11.7 Approve a work order to TBE Group, Inc. (EOR) in the amount of $134,410 for utility
relocation design services being performed in conjunction with the Florida Department
of Transportation's (FDOT) S.R. 55/US 19 (South of Seville Blvd. to North of S.R. 60)
roadway improvement project and authorize the appropriate officials to execute same.
11.8 Reappoint Mayor Hibbard to the Pinellas County Metropolitan Planning Organization
with the term expiring on September 11, 2009.
12 Other items on City Manager Reports
12.1 Approve amendment to Chapter 33, Section 33.067 of the Code of Ordinances adding
a slow speed minimum wake zone along the Gulf of Mexico side of Sand Key Beach
and pass Ordinance 7494-05 on first reading.
12.2 Approve an Additional Homestead Exemption for certain qualifying low income senior
(65 years or older) citizens and pass Ordinance 7499-05 on first reading.
12.3 Ratify and confirm the purchase of property, casualty, liability, workers' compensation,
emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal
Year 2005/2006 as provided for in this agenda item in an amount not to exceed
$2,816,766.
13 City Attorney Reports
13.1 In accordance with a request by First American Title Company on behalf of Boos
Development Group, approve for execution by the appropriate City officials, an
Affidavit confirming the City does not claim an ownership interest in submerged lands
underlying "Waterways" as described in that certain Plat of Unit Two Island Estates of
Clearwater (recorded in Plat Book 47, Pages 19A amd 20 of the Public Records of
Pinellas County, Florida).
14 City Manager Verbal Reports
15 Council Discussion Items
1. Direction re Old Florida District
2. Relocation of Calvary Baptist Church Chapel
16 Other Council Action
17 Adjourn
TO:
FROM:
SUBJECT:
COPIES:
DATE:
CITY OF CLEARWATER
Interdepartmental Correspondence
Mayor and Councilmembers /"'--. \
/ \ )
Cyndie Goudeau, City Cler~:~~>'
Follow up from August 29,2005 Work Session
William B. Horne, City Manager
August 30, 2005
AQenda
Pres. 5.1
City Council Meeting 09-01-05: Aoenda provided.
Senior Center Task Force Recommendations: Supplementary handouts provided.
Minutes 6.1 Minutes from City Council Meeting 08-15-05: Added to aoenda and paperwork
provided.
Item 8.6
Item 8.7
Item 11.1
Item 11.8
Item 12.2
Item 13.1
Item 15.1
**NOTE:
Declare as surplus for the purpose of offering for sale by sealed bid vacant residential
lots described as First Addition to Norwood: Map provided.
Pass ORD #7515-05 on first reading, establishing the Clearwater Cay Community
Development District pursuant to Chapter 190: Letter from citizen provided.
Amend Council Policy "I", Enterprise Fund Transfer Payment to reflect an increase in
the percentage to be used to calculate the payment in lieu of taxes (PILOT): Replaced
item with revised item.
Reappoint Mayor Hibbard to the Pinellas County Metropolitan Planning Organization
with the term expiring on September 11, 2009: Replaced memo sheet with revised
memo sheet.
Approve an Additional Homestead Exemption for certain qualifying low income senor
(65 years or older) citizens and pas ORD #7499-05: Replaced with revised Ordinance
provided
In accordance with a request by First American Title Company on behalf of Boos
Development Group, approve the Affidavit confirming the City does not claim an
ownership interest in submerged lands: Affidavit and Map of submeroed land
provided.
Direction re Old Florida District: Map provided.
A question came up regarding if a Community Development District is once
established, does it stay in existence forever. Once this information is provided to us, it
will be provided to Council.
1 of 1
Item 5.1 (CC 09-01-05)
Re: Scanned item
Refer to Report & Studies
PowerPoint Presentation:
Clearwater Senior Center Task
Force Report
Item 5.1 (CC 09-01-05)
Re: Scanned item
Refer to Report & Studies
Binder:
Clearwater Senior Center Task
Force Report
City of Clearwater
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City Council
Cover Memorandum
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8.1
Tracking Number: 1,516
Actual Date: 09/01/2005
Subject / Recommendation:
Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2005/06
through 2009/10.
Summary:
On March 6, 1997, the City Council adopted Ordinance # 6137-97. The ordinance established
the requirement for a special hearing prior to the adoption of the capital improvement budget to
discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change
to Penny for Pinellas funding of $500,000 or more.
The attached listing includes the Penny for Pinellas projects as currently approved by the City
Council last September and the new list for Recommended Project Funding as included in the
proposed FY 2005/06 capital improvement plan through the final year of Penny receipts in fiscal
year 2009/10.
Proposed project changes are outlined on the attached public hearing notice.
Originating: Budget Office
Section Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 08/21/2005
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
n/a
In Current Year Budget?
No
Budget Adjustment:
No
Review Approval
Tina Wilson
08-08-2005
13:07:22
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Bill Horne
Cvndie Goudeau
Garry Brumback
City Council
".~_l!g,en~!!,.,= CO,~,~,L,~~m~!:i:!"!:!"~~,m,,,,=__,,,
08-17-2005 12:39:09
08-22-2005 08:36:05
08-17-2005 09: 13:21
CITY OF CLEARWATER
NOTICE OF PUBLIC HEARING
PENNY FOR PINELLAS PROJECTS
CITY COUNCIL MEETING
Thursday, September 1, 2005
6:00 p.m.
A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd
floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for
fiscal years 2005/06 through 2009/10 totaling $19,295,000 to fund capital projects under the remaining
five-year Penny for Pinellas Plan.
Significant changes to the plan are as follows:
Five new projects funded under this proposal:
Ladder Truck - this project provides funding of $850,000 in 2005/06 for the replacement of a 1987
Platform Aerial Truck for the Fire Department.
Long Center Pool - funded in 2005/06 for $800,000, this project provides funding for major renovations
to the Long Center pool and related appurtenances.
National Guard Armory Renovation - funded at $150,000 in 2005/06, this project provides funding for
the renovation and improvement of this facility to provide storage space and to consolidate the Special
Events operations of the Parks & Recreation Department.
Ball/ront Promenade - funded in 2005/06 for $900,000, this project provides the funding for construction
of a promenade in the vicinity of the Memorial Causeway Bridge as an enhancement to Coachman Park
that will be available for use as a dock for commercial boats such as ferries.
Long Center Ma;or Infrastructure Improvements - this project provides funding in the amount of
$1,705,000 for major building improvements to the Long Center facility to include air conditioner and
roof replacement as well as other major improvements.
One project has been eliminated under this proposal:
HarborblufJ Waterfront Park - funding of $2,000,000 has been eliminated and reallocated to the other
project priorities outline above.
The following currently approved project reflects a change in project scope and funding level:
Parks & Beautification Infrastructure Complex - This proposal recognizes the elimination of $2,375,000
of funding for the Parks & Recreation Infrastructure Complex. The project scope has been changed and
will no longer consolidate the Parks & Beautification Division into one site. The project scope now
provides for the construction of a new Parks & Recreation Administrative Office and will consolidate all
administrative functions ofthe Parks & Recreation Department into one site.
Interested parties may appear and be heard at the hearing or file written notice of approval or objection
with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the
Council, with respect to any matter considered at such hearing, will need a record of the proceedings and,
for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105.
All individuals speaking on public hearing items will be sworn in.
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
A COPY OF TillS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS &
LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY
REQIDRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN TillS
MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES
DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090.
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Proposed Changes to Penny for Pinellas Project List
For Planned Projects in Fiscal Years 2005/06 through 2009/10
As of October 1, 2005
Gross Project Budget
Under Current Proposed New
Plan Plan
Approved Proposed Recommended
9/30/2004 Amendment 9/30/2005
Fire - Main Station 3,000,000 3,000,000
Fire - Training Facility/Administration Facility 1,605,000 1,605,000
Fire Station #48 Renovation & Expansion 2,000,000 2,000,000
Ladder Truck 850,000 850,000
Downtown Streetscape - Osceola to Myrtle 900,000 900,000
Harborbluff Waterfront Park 2,000,000 (2,000,000)
Recreation Trails 1,160,000 1,160,000
Morningside Recreation Center Replacement 3,100,000 3,100,000
Druid Road Improvements 2,400,000 2,400,000
Infrastructure Facility - Parks & Recreation 3,100,000 (2,375,000) 725,000
National Guard Armory 150,000 150,000
Bayfront Promenade 900,000 900,000
Long Center Pool 800,000 800,000
Long Center Infrastructure Improvements 1,705,000 1,705,000
Recommended Projects for FY 2003/04 through 2009/10 19,265,000 30,000 19,295,000
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City Council
Cover Memorandum
Bu-~
B.d
Tracking Number: 1,475
Actual Date: 09/01/2005
Subject / Recommendation:
Set a final millage rate of 5.753 mills for fiscal year 2005/06 levied against non-exempt real and
personal property within the City and pass Ordinance 7496-05, Millage Ordinance, on first
reading.
Summary:
In accordance with the State of Florida's "Truth-in-Millage" (TRIM) Act and the City Charter it is
necessary for the City Council to adopt a final millage rate for the upcoming year.
In July 2005 the City Manager presented his proposed 2005/06 Annual Operating and Capital
Improvement Budget recommending a millage rate of 5.753 mills. This millage rate was
approved as a tentative millage rate by the Council at the July 21, 2005 Council meeting. This
rate will generate $47,742,920 of ad-valorem property taxes for the City of Clearwater in
2005/06.
Ordinance 7496-05 is now presented in order that this tentative millage rate be adopted as the
final rate for the 2005/06 fiscal year. This rate is the same rate as adopted in each of the past
three years and reflects a 13.74% increase over the rolled back rate of 5.0582 mills.
Originating: Budget Office
Section Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 08/24/2005
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
n/a.
In Current Year Budget?
No
Budqet Adiustment:
No
Review Approval
~~
u.~
City Council
Cover Memorandum
Tina Wilson
08-08-2005 13:15:14
Garrv Brumback
08-17-2005 09: 14:53
Pam Akin
08-16-2005 16:49:17
Bill Horne
08-17-2005 12:40:35
Cyndie Goudeau
08-22-2005 08:34:45
MILLAGE ORDINANCE
ORDINANCE NO.7 496-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING
SEPTEMBER 30, 2006, FOR OPERATING PURPOSES
INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND
ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT
EXPENDITURES AT 5.753 MILLS; PROVIDING AN EFFECTIVE
DATE. THE LEVY OF 5.753 MILLS CONSTITUTES A 13.74%
INCREASE OVER THE ROLLED BACK RATE OF 5.0582 MILLS.
WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning
October 1,2005, and ending September 30,2006, from ad valorem taxes is $47,742,920; and
WHEREAS, based upon the taxable value provided by the Pinellas County Property
Appraiser, 5.753 mills are necessary to generate $47,742,920; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby determined that a tax of 5.753 mills against the non-exempt real
and personal property within the City is necessary to raise the sums to be appropriated for
operation purposes, including pensions and debt service, road capital improvement projects, for
the fiscal year beginning October 1, 2005.
Section 2. The levy of 5.753 mills constitutes a 13.74% increase over the rolled back rate.
Section 3. This ordinance shall take effect October 1, 2005.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7496-05
Bu- __J
~~
u~
City Council
Cover Memorandum
8.3
Tracking Number: 1,476
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt the City of Clearwater Annual Operating Budget for the 2005/06 fiscal year and pass
Ordinance 7497-05 on first reading.
Summary:
The City Charter, Pinellas County regulations, and Florida State Statutes outline requirements
that must be met for the City to be able to levy taxes and fees and spend resources on
mandated or desired goods and services. The adoption of this ordinance and two related
ordinances are an integral part of fulfilling these requirements.
In July 2005 the City Manager presented to the City Council a detailed Preliminary Annual
Operating Budget that outlined estimated revenues and proposed expenditures for the 2005/06
fiscal year. Copies of this document were made available to residents and the news media. The
budget was discussed at Council meetings and budget workshops earlier this summer.
Ordinance 7497-05 is now presented in order to adopt the operating budget and authorize the
City Manager to issue instructions to achieve and accomplish authorized services.
Originating: Budget Office
Section Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 08/24/2005
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
n/a.
In Current Year Budget?
No
Budget Adiustment:
No
Review Approval
~~
u.~
City Council
Cover Memorandum
Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
Cyndie Goudeau
08-09-2005 14:23:04
08-17-2005 09: 14: 10
08-16-2005 16:51:11
08-17-2005 12:39:50
08-22-2005 08:35:29
EXHIBIT A
CITY OF CLEARWATER
2005-06 BUDGETED REVENUE
Actual Budgeted Budgeted
Revenues Revenues Revenues
2003/04 2004/05 2005/06
GENERAL FUND:
Property Taxes 34,929,748 38,852,560 44,878,180
Franchise Fees 7,504,909 7,335,000 7,792,130
Utility Taxes 10,236,738 10,654,730 10,810,200
Licenses, Permits & Fees 4,081,446 3,544,500 4,015,000
Sales Tax 6,143,239 6,288,410 6,325,000
Communications Services Tax 6,790,089 6,825,000 6,547,070
Intergovernmental 9,488,216 9,347,440 10,010,270
Charges for Services 11,669,577 3,745,800 3,674,870
Fines & Forfeitures 1,257,043 1,611,120 828,000
Interest Income 536,175 429,000 529,000
Miscellaneous 1,008,814 547,980 1,146,540
Interfund Charges/Transfers In 5,107,945 13,313,910 14,843,650
TOTAL GENERAL FUND 98,753,939 102,495,450 111,399,910
SPECIAL REVENUE FUNDS:
Special Development Fund 15,100,603 15,806,680 20,494,410
Special Program Fund 5,281,570 2,171,500 2,111,600
Local Housing Assistance Trust Fund 1,467,472 836,000 820,100
ENTERPRISE FUNDS:
Water & Sewer Fund 47,220,004 52,116,110 51,781,310
Stormwater Utility Fund 9,679,809 10,274,910 11,531,030
Solid Waste Fund 16,777,470 16,685,300 17,298,140
Gas Fund 33,228,829 33,519,890 42,062,990
Recycling Fund 2,707,741 2,429,200 2,557,900
Marine & Aviation Fund 4,022,849 3,485,190 3,850,400
Parking Fund 4,828,128 4,902,720 4,782,260
Harborview Center Fund 2,096,314 2,216,370 2,211,770
INTERNAL SERVICE FUNDS:
Administrative Services Fund 9,604,198 8,626,270 9,106,290
General Services Fund 3,448,891 3,491,960 4,117,710
Garage Fund 10,047,805 9,475,360 11,330,890
Central Insurance Fund 16,464,190 18,507,870 19,759,210
TOTAL ALL FUNDS 280,729,812 287,040,780 315,215,920
Ordinance #7497-05
EXHIBIT A (Continued)
CITY OF CLEARWATER
2005-06 BUDGETED EXPENDITURES
Actual Budgeted Budgeted
Expenditures Expenditures Expenditures
2003/04 2004/05 2005/06
GENERAL FUND:
City Council 250,205 291,470 297,300
City Manager's Office 801,617 807,920 1,125,050
City Attorney's Office 1,156,472 1,450,910 1,505,800
City Audit 121,473 138,470 145,960
Development & Neighborhood Services 3.342,011 3,585,750 3,837,330
Economic Development & Housing 1,450,634 1,525,230 1 ,397,330
Equity Services 461,731 412,200 348.330
Finance 1,910,631 2,041,390 2,157,900
Fire 17,087,697 17,635,380 20,658,540
Human Resources 1,157,807 1,182,500 1,207,690
Library 5,256,343 5,818,060 6,081,950
Marine & Aviation 477.219 448,580 502,830
Non-Departmental 4,172,950 4,668,910 4,671,660
Office of Management & Budget 296,138 310,150 315,680
Official Records & Legislative Services 1,176,587 1,178,440 1,250,160
Parks & Recreation 17,418,933 18,188,010 20,088.080
Planning 1,085,810 1.244,650 1,484,330
Police 29,601,552 31,326,230 33,243.510
Public Communications 845,700 911,480 976,400
Public Works Administration 9,103,389 9,329,720 10,104.080
TOTAL GENERAL FUND 97,174,899 102,495,450 111,399,910
SPECIAL REVENUE FUNDS:
Special Development Fund 15,375,078 15,224,660 19,797,220
Special Program Fund 5,720,343 2,071,500 2,011,600
Local Housing Assistance Trust Fund 535,865 836,000 820,100
ENTERPRISE FUNDS:
Water & Sewer Fund 48,236,440 52,116,110 49,847,580
Stormwater Utility Fund 7,817.171 9,384,600 11,398.620
Solid Waste Fund 15,646,809 16,251,190 17,298,140
Gas Fund 28,667,591 33,383,160 40,533,050
Recycling Fund 2,236,801 2,335,940 2,557,020
Marine & Aviation Fund 3,386,324 3,413,500 3,601,820
Parking Fund 3,845,697 4,208,720 4,609,970
Harborview Center Fund 1,871,610 2,216,370 2,211,770
INTERNAL SERVICE FUNDS:
Administrative Services Fund 7,575,142 8,570,380 9,053,370
General Services Fund 3,381,894 3,491,960 4,104,120
Garage Fund 9,449,139 9,475,360 11,330,890
Central Insurance Fund 15,916,154 17,541,250 18,737,140
TOTAL ALL FUNDS 266,836,957 283,016,150 309,312,320
Ordinance #7497-05
OPERATING BUDGET ORDINANCE
ORDINANCE NO. 7497-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND
ENDING SEPTEMBER 30, 2006; AUTHORIZING THE CITY
MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE
NECESSARY TO ACHIEVE AND ACCOMPLISH THE
SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING
THE CITY MANAGER TO TRANSFER MONIES AND
PROGRAMS AMONG THE DEPARTMENTS AND
ACTIVITIES WITHIN ANY FUND AS PROVIDED BY
CHAPTER 2 OF THE CLEARWATER CODE OF
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted an estimate of the expenditures
necessary to carry on the City government for the fiscal year beginning October 1, 2005,
and ending September 30,2006; and
WHEREAS, an estimate of the revenues to be received by the City during said
period from ad valorem taxes and other sources has been submitted to the City Council;
and
WHEREAS, a general summary of the operating budget, and notice of the times
and places where copies of the budget message and operating budget are available for
inspection by the public, was published in a newspaper of general circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed
budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Council conducted a public hearing in City Hall on September 1, 2005, upon said
budget and tax levy; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year
beginning October 1, 2005, and ending September 30, 2006, a copy of which is on file
with the City Clerk, the City Council hereby adopts a budget for the operation of the City,
a copy of which is attached hereto as Exhibit A.
390
Ordinance No. 7497-05
Section 2. The budget as adopted shall stand and be the budget of the City for
said fiscal year, subject to the authority of the City Council to amend or change the
budget as provided by Section 2.519 of the Clearwater Code of Ordinances.
Section 3. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the service programs
authorized by the adoption of this budget.
Section 4. The City Manager is authorized for reasons of economy or efficiency to
transfer part or all of any unencumbered appropriation balance among programs within
an operating fund, provided such action does not result in the discontinuance of a
program.
Section 5. It is the intent of the City Council that this budget, including
amendments thereto, is adopted to permit the legal appropriation and encumbering of
funds for the purposes set forth in the budget. All appropriated and encumbered but
unexpended funds at the end of the fiscal year may be expended during the subsequent
fiscal year for the purposes for which they were appropriated and encumbered, and such
expenditures shall be deemed to have been spent out of the current budget allocation. It
shall not be necessary to reappropriate additional funds in the budget for the subsequent
fiscal year to cover valid open encumbrances outstanding as of the end of the current
fiscal year.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2005.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
391
Ordinance No. 7497-05
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Discussion Items for Public Hearing 9-1-2005
Costs, Revenues and Net Impacts of Selected FTEs
General Fund Full Time Total Offsetting Net
Equivalents Expenditures Revenue Impact
Fire & Rescue
Firefighters 6,0 297,790 40,200 257,590
Official Records
Records Specialist 1.0 28,180 28,180
Parks & Recreation
reol GUll, cr 1.4 34,200 34,2UU 0
Tradesworker 1,0 50,020 50,020
Parks Service Technician 1,0 14,540 2,490 12,050
Planning
Staff Assistant 0,5 11,750 11,750
Public Works
Engineer III 1,0 63,720 63,720
Construction Inspectors 2,0 83,380 100,000 -16,620
Non-Departmental 134,460 134,460 (1)
General Fund Total 13,9 718,040 176,890 541,150
General Services Fund
General Services Dept
Maintenance Supervisor
Air Conditioning Tech
Plumber
General Maintenance Wkr
Full Time Total
Equivalents Expenditures
1,0 51,710
1.0 48,610
1,0 44,180
1,0 45,170
Offsetting
Revenue
Net
Impact
51,710
48,610
44,180
45,170
General Services Fund Total
4,0
189,670
o
189,670
TOTAL IMPACT
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(1) This represents the estimated General Fund savings impact of the four positions noted below for General Services.
ater
City Council
Cover Memorandum
eu-c1
8.~
Tracking Number: 1,477
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt the Fiscal Year 2005/06 Capital Improvement Budget and establishing a six-year plan for
the Capital Improvement Program (CIP) and pass Ordinance 7498-05 on first reading.
Summary:
The City Charter, County regulations, and Florida State Statutes outline regulations that require
local governments to prepare and adopt comprehensive planning and development programs.
The Capital Improvement Program plan provides the mechanism to meet these requirements.
Major physical undertakings costing $25,000 or more and having a useful life of at least three
years are defined as "capital" projects and are accounted for in this Capital Improvement
Program.
In July 2005 the City Manager presented to the City Council detailed proposed operating and
capital improvement budgets. The Capital Improvement Program budget outlines projects and
funding sources for $54.6 million of projects to be undertaken in fiscal year 2005/06. The
budget also contains a six-year plan which outlines projects and funding sources for each of the
next six years totaling $339.6 million. Each of these plan years will be reviewed and revised as
needed, and budgets presented for formal budget adoption in subsequent years.
The adopted Capital Improvement Budget can be amended with Council approval through the
quarterly budget review process.
Originating: Budget Office
Section Administrative publiC hearings
Category: Other
Public HearinQ: Yes
Advertised Dates: 08/24/2005
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
n/a
In Current Year Budget?
No
~~
u~
City Council
",_=wm~=~'~ ~,!:!~~rWR~,~m,~,~!!,!!,~,!:!,m,
Budget Adjustment:
No
Review Aooroval
Tina Wilson 08-09-2005 14:25:46
Garrv Brumback 08-17-2005 09: 15:37
Pam Akin 08-16-2005 16:51:52
Bill Horne 08-17-2005 12:41 :30
Cyndie Goudeau 08-22-2005 08:34: 11
CAPITAL IMPROVEMENT ORDINANCE
ORDINANCE NO. 7498.05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006;
APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT
PROGRAM WHICH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE
CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT
ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE
CAPITAL IMPROVEMENTS SO AUTHORIZED;
AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN THE CAPITAL
IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE
AND ANTICIPATED RESOURCES FOR THE PROJECTS
IDENTIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a proposed Six-Year Capital
Improvement Program, and has submitted an estimate of the amount of money
necessary to carry on said Capital Improvement Program for the fiscal year beginning
October 1, 2005, and ending September 30, 2006; and
WHEREAS, an estimate of the resources available and income to be received by
the City during said period from ad valorem taxes and other sources has been submitted
to the City Council; and
WHEREAS, a general summary of the Capital Improvement Budget, and notice of
the times and places when copies of the budget message and capital budget are
available for inspection by the public, was published in a newspaper of general
circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed
budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Council conducted a public hearing in the City Hall upon said proposed budget on
September 1,2005; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Pursuant to the Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October 1, 2005, and ending September 30, 2006, a
Ordinance No. 7498-05
copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the
capital improvement fund for the City of Clearwater, a copy of which is attached hereto as
Exhibit A.
Section 2. The Six-Year Capital Improvement Program and Budget, a summary of
which is attached hereto, marked Exhibit B, is approved in its present form, but prior to
the beginning of each fiscal year the City Council shall reevaluate priorities, hold public
hearings and formally adopt additions or corrections thereto.
Section 3. The budget as adopted shall stand and be the Capital Improvement
Program Budget of the City for said fiscal year, subject to the authority of the City Council
to amend or change the budget as provided by Section 2.519 of the Clearwater Code of
Ordinances.
Section 4. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the capital improvements
authorized by the adoption of this budget.
Section 5. The City Manager is authorized to transfer appropriations within the
capital budget, provided such transfer does not result in changing the scope of any
project or the fund source included in the adopted capital budget.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2005.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7498-05
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06
Function
Fire Protection
Major Street Maintenance
Intersections
Parking
Park Development
Marine Facilities
Airpark Facilities
Libraries
Garage
Maintenance of Buildings
General Public Buildings & Equipment
Miscellaneous
Stormwater Utility
Gas System
Solid Waste
Utilities Miscellaneous
Sewer System
Water System
Recycling
Budget
2005/06
6,409,610
4,543,740
485,000
300,000
3,101,000
1,220,000
10,000
571,490
4,424,100
1,001,000
135,000
1,117,500
8,554,580
5,110,000
548,500
269,000
8,706,100
7,945,340
150,000
$54,601,960
Ordinance #7498-05
Exhibit A (Continued)
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 2005/06
GENERAL SOURCES:
General Operating Revenue
General Revenue/County Coop
Road Millage
Penny for Pinellas
Transportation Impact Fees
Local Option Gas Tax
Special Program Fund
Grants - Other Agencies
Contributions
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue
Parking Revenue
Harborview Revenue
Utility System:
Water Revenue
Sewer Revenue
Water Impact Fees
Water R & R
Sewer Impact Fees
Sewer R & R
Stormwater Utility Revenue
Gas Revenue
Solid Waste Revenue
Recycling Revenue
Grants - Other Agencies
INTERNAL SERVICE FUNDS:
Garage Revenue
Administrative Services Revenue
General Services Revenue
BORROWING. GENERAL SOURCES:
Lease Purchase - General Fund
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water
Lease Purchase - Solid Waste
Lease Purchase - Recycling
Future Bond Issue - Water & Sewer
Bond Issue - Stormwater
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage
Lease Purchase - Administrative Services
Lease Purchase - General Services
TOTAL ALL FUNDING SOURCES:
Budget
2005/06
2,297,610
571,490
2,864,740
8,960,000
290,000
1,019,000
150,000
604,500
500,000
235,000
310,000
100,000
373,390
940,200
250,000
1,126,740
280,000
1,190,700
1,698,870
5,120,000
60,000
30,000
1,612,000
177,100
350,000
20,000
286,000
278,000
488,500
120,000
12,400,410
5,324,710
4,302,000
160,000
111,000
$54,601,960
Ordinance #7498-05
EXHIBIT B
CIP EXPENDITURE SUMMARY BY FUNCTION
FY 2005-2006 THROUGH FY 2010-2011 CAPITAL IMPROVEMENT FUND
CITY OF CLEARWATER
Schedule of Planned CIP Expenditures
Function 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 Total
Police Protection 0 400,000 400,000 400,000 400,000 400,000 2,000,000
Fire Protection 6,409,610 2,161,250 262,270 50,000 996,550 795,000 10,674,680
New Street Construction 0 0 0 2,400,000 0 0 2,400,000
Major Street Maintenance 4,543,740 3,839,270 3,818,190 3,978,880 3,647,730 3,825,160 23,652,970
Intersections 485,000 423,180 435,000 435,000 435,000 435,000 2,648,180
Parking 300,000 300,000 300,000 300,000 350,000 350,000 1,900,000
Misc Engineering 0 35,000 35,000 35,000 35,000 35,000 175,000
Park Development 3,101,000 9,977,500 6,707,500 1,452,500 1,812,500 4,912,500 27,963,500
Marine Facilities 1,220,000 265,000 265,000 265,000 260,000 260,000 2,535,000
Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000
Libraries 571,490 588,630 606,290 624,480 643,210 662,500 3,696,600
Garage 4,424,100 4,640,600 4,862,700 5,095,800 5,140,600 5,397,600 29,561,400
Maintenance of Buildings 1,001,000 800,000 863,000 513,250 1 ,205,130 513,300 4,895,680
Gen Pub Bldgs & Equip 135,000 0 0 0 0 0 135,000
Miscellaneous 1,117,500 1,030,000 820,000 487,000 480,000 495,000 4,429,500
Stormwater Utility 8,554,580 5,600,000 5,600,000 3,850,000 7,200,000 8,500,000 39,304,580
Gas System 5,110,000 5,675,000 5,795,000 5,810,000 5,620,000 5,920,000 33,930,000
Solid Waste 548,500 530,000 640,000 500,000 510,000 510,000 3,238,500
Utilities Miscellaneous 269,000 6,576,000 44,000 26,000 26,000 26,000 6,967,000
Sewer System 8,706,100 17,840,830 20,938,240 7,422,280 10,020,990 19,376,290 84,304,730
Water System 7,945,340 6,344,460 11,294,610 10,862,120 11,271,600 6,212,020 53,930,150
Recycling 150,000 185,000 225,000 230,000 230,000 230,000 1,250,000
54,601,960 67,221,720 63,921,800 44,747,310 50,294,310 58,865,370 339,652,470
Ordinance No, 7498-05
City Council
Cover Memorandum
F:Nj - }
8,5
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Tracking Number: 1,399
Actual Date: 09/01/2005
Subject / Recommendation:
Approve the applicant's request to vacate Edenville Avenue from the easterly extension of the
south property line of Lot 55, Block "A", Tropic Hill Unit 4 subdivision, (a.k.a. 2450 Burnice
Drive), to the easterly extension of the north property line of said Lot 55, subject to the
retention of a drainage and utility easement over the full width of the right-of-way to be vacated
and subject to removal of existing asphalt and curbs within six months of approval of this
request and pass Ordinace Number 7463-05 on first reading, (VAC2005-09 Allen),
Summary:
The applicant is seeking vacation of the street right-of-way portion in order to curtail after dark
meeting and parking activities, lunch hour parking and littering.
Applicant proposes to remove existing asphalt and curb and to extend new curb along Burnice
Drive if the vacation is approved.
Verizon, Brighthouse Cable and Knology have no objections to the vacation request.
Progress Energy has no objectios provided that an easement is provided to retain access to their
facilities presently located in the subject right-of-way portion.
The City's Parks and Recreation Department has reviewed the request and has requested that a
6-foot pedestrian easement be retained to continue the public's access to the Henry L. McMullen
Park via the subject street right-of-way. Public Works Administration recommends that a 10-foot
pedestrian easement be provided to enable construction of a sidewalk without need for a
temporary construction easement.
Public Works Administration has no objection to the vacation request subject to: l)a drainage
and utility easement shall be retained over the full width of the right-of-way to be vacated, 2) a
10-foot pedestrian easement shall be retained over the center 10-feet of the right-of-way
proposed to be vacated, 3) all asphalt and curbing located within the subject right-of-way
portion shall be removed with new curbing installed along Burnice Drive in accordance with City
of Clearwater contract specifications within six-months of the date of this approval, 4) the
applicant shall construct a 6-foot sidewalk along the center of the pedestrian easement in
accordance with City of Clearwater construction specifications within six months of the date of
this approval, and 5) the vacation approval will become null and void if the preceding conditions
number 3 and 4 are not met.
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: 07/03/2005
07/10/2005
~~
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City Council
Cover Memorandum
Financial Information:
Review Approval
Glen Bahnick
Bryan Ruff
06-27-2005 15:26:06
08-22-2005 11 :41: 18
06-28-2005 08:57:50
07-08-2005 19:21:03
06-30-2005 12: 12:42
07-11-2005 11:02:54
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bill Horne
CHAUCER
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Location Map
ALLEN
RIGHT-OF-WAY VACATION
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
ALLEN
VACATION REQUEST
EDENVlLLE AVENUE
RIGHT OF WAY
TROPIC HILLS UNIT 4
.... NO.
VAC2~09
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06/13/2005
3098
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7463-05
Right of Way Va afton
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EXHIBIT "A"
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Scale 1 =
This is not a survey
Henry L. McMullen Park
3099
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
ALLEN
VACATION REQUEST
EDENVlLLE AVENUE
RIGHT OF WAY
TROPIC HILLS UNIT 4
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7463-05
ORDINANCE NO. 7463-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIFTY-FOOT STREET
RIGHT-OF-WAY OF EDENVILLE AVENUE FROM
THE EASTERLY EXTENSION OF THE SOUTH
PROPERTY LINE OF LOT 55, BLOCK A, TROPIC
HILLS UNIT 4, TO THE EASTERLY EXTENSION OF
THE NORTH PROPERTY LINE OF SAID LOT 55,
SUBJECT TO SPECIAL CONDITIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Cheryl J. Allen, 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:
Fifty-foot street right-of-way of Edenville Avenue from the easterly extension
of the south property line of Lot 55, Block A, Tropic Hills Unit 4, as recorded
in Plat Book 621, Page 76, Official Record of Pinellas County, Florida, to
the easterly extension of the north property line of said Lot 55
is hereby vacated, closed and released, subject to the following conditions:
1) A drainage and utility easement shall be retained over the full width
of the vacated right-of-way for the installation and maintenance of
any and all public utilities thereon,
2) A 10-foot pedestrian access easement shall be retained over the
center 10 feet of the vacated right-of-way to provide access to city
property on the north from Burnice Drive on the south,
3) The applicant shall remove all curbs and asphalt from the vacated
right-of-way portion and install new curbing along the north side of
Burnice Drive in accordance with the City of Clearwater construction
specifications within six-months of the date of this approval,
4) The applicant shall construct a 6-foot sidewalk centered within the
pedestrian easement in accordance with the City of Clearwater
ORDINANCE NO. 7463-05
construction specifications within six months of the date of this
approval, and
5) This vacation approval shall become null and void if the preceding
condition numbers 3 and 4 are not met.
SECTION 2. The City Clerk shall record this ordinance in the public records
of Pinellas County, Florida, following adoption.
SECTION 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
ORDINANCE NO. 7463-05
City Council
Cover Memorandum
Eng'-d
a.b
Tracking Number: 1,508
Actual Date: 09/01/2005
Subject / Recommendation:
Declare as surplus for the purpose of offering for sale by sealed bid in accordance with Section
2.01(d)(5) of the City Charter, vacant residential lots described as Lots 6, 7 and 8, Block B,
FIRST ADDITION TO NORWOOD, for the minimum bid amount of $33,000 per lot.
Summary:
In late 1998 and early 1999 the City funded demolition of two unsafe structures owned by
Esther C. Hunt at 1500 and 1502 North Greenwood Avenue (now North MLK, Jr. Avenue) and
filed liens totaling $3,533.21 for costs.
There were a number of unaddressed code violations in a third structure also owned by Ms.
Hunt, and ad valorem taxes for 1998 were unpaid and delinquent.
Ms. Hunt and the City's Housing Division entered into negotiations to have the City purchase the
property.
A February 1, 1999 appraisal performed by Michael McKinley Appraisers/Planners valued the
property at $50,000. On April 23, 1999 the City and Ms. Hunt entered into a Purchase
Agreement for $54,000.
In addition to the purchase price, the City agreed to forgive the demolition liens. The
transaction closed and title conveyed to the City by Warranty Deed on August 23, 1999.
Following recent market interest in the now vacant lots, the City hired State Certified Residential
Appraiser Joseph A. Fornito who estimated the value of each lot at $33,000 on June 14, 2005.
Upon sale of the subject lots, sale proceeds will reimburse Infill Housing Fund (181-99661) for
costs incurred to purchase the property in 1999. Excess funds will be applied to reimburse the
City for other incurred holding costs, or accrue as either CDBG program income or in the General
Fund Surplus Land Sales account.
Originating: Engineering
Section Administrative public hearings
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 08/21/2005
Financial Information:
Review Approval
Michael Ouillen
08-04-2005
17: 12:06
~~
~
City Council
Cover Memorandum
Garrv Brumback
Laura Lioowski
Bill Horne
Cyndie Goudeau
08-17-2005 10:29:45
08-12-2005 13:09:40
08-17-2005 12:45:32
08-22-2005 08:29:53
(2-Q. .Lv
LOCATOR MAP
SURPLUS PARCELS: LOTS 6, 7 & 8. SlOCK "B", NQRWOOD 1ST ADDITION
City Council
Cover Memorandum
Cf+-I
6- '7
Trackino Number: 1,515
Actual Date: 09/01/2005
Subject / Recommendation:
Pass Ordinance No. 7515-05 on first reading, establishing the Clearwater Cay Community
Development District pursuant to Chapter 190, Florida Statutes; describing the external
boundaries of the district; describing the functions and powers of the district; consenting to the
use of special powers by the district; designating five persons to serve as the initial members of
the district's Board of Supervisors.
Summarv:
DC703, LLC, has petitioned the City to adopt an ordinance establishing the Clearwater Cay
Community Development District pursuant to the "Uniform Community Development District Act
of 1980," Chapter 190, Florida Statutes, (hereinafter the "Act." Community Development Districts
are independent special districts that finance, construct, and manage basic community
development services (i.e. roads, parks, water management, etc.). The proposed district consists
of approximately 49.37 acres of land located entirely within the city limits on a site which is east
of U.S. Highway 19 and north of Haines-Bayshore Road.
The Act is specifically designed to provide a uniform and exclusive procedure for the formation,
operation, and termination of Community Development Districts. For the formation of a
Community Development District of less than 1,000 acres, the Act provides that a local
government must first approve the petition and enact the establishing ordinance after public
hearings and testimony as to:
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or portion
of the state comprenhensive plan or of the effetive local government comprehensive plan.
3. Whether the area of land within the proposed district is of sufficent size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
4. Whether the district is the best alternative available for delivering community development
services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be incompatible
with the capacity and uses of existing local and regional community development services and
facilities.
6. Whether the area that will be served by the district is amenable to separate special district
government.
The app
6. Whether the area that will be served by the district is amenable to separate special district
government.
The appropriate City staff have reviewed the petition for establishment of the District on the
proposed land and it is complete and sufficent.
Orioinating: City Attorney
Section: Administrative public hearings
Cateoory: Other
Public Hearing: Yes
ter
City Council
,=m*_,,~g,~nd!'ffl~~=~r Mem~ra ndum
Advertised Dates: 08/10/2005
financial Information:
~ Other
Review Approval
Pam Akin
Cvndie Goudeau
08-11-2005 16:20:26
08-17-2005 10:39:43
ORDINANCE NO. 7515-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
ESTABLISHING THE CLEARWATER CAY COMMUNITY
DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA
STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; CREATING
AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS
AND POWERS OF THE DISTRICT; CONSENTING TO THE USE OF
SPECIAL POWERS BY THE DISTRICT; DESIGNATING FIVE
PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE
DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, DC703, LLC ("Petitioner"), as owner of or with consent of the owners
of one hundred percent (100%) of the real property to be included in the District, has
consented to the establishment of and petitioned the City Council of the City of
Clearwater (the "City") to adopt an ordinance establishing the Clearwater Cay
Community Development District (the "District") pursuant to Chapter 190, Florida
Statutes; and
WHEREAS, Petitioner is a Florida limited liability company authorized to conduct
business in the State of Florida and whose principal place of business is 2704 Via
Murano, Clearwater, Florida 33764; and
WHEREAS, all interested persons and affected units of general-purpose local
government were afforded an opportunity to present oral and written comments on the
Petition at a duly noticed public hearing conducted by the City on September 1, 2005;
and
WHEREAS, upon consideration of the record established at that hearing duly
noticed, the City finds as follows: .
(1) The statements within the Petition were true and correct; and
(2) Establishment of the District by this Ordinance is subject to and not
inconsistent with the local Comprehensive Plan of the City and with the State
Comprehensive Plan; and,
(3) The area of land within the District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developed as one functional, interrelated
community; and
(4) The District is the best alternative available for delivering community
development services and facilities to the area proposed to be serviced by the District;
and
(5) The services and facilities of the District will not be incompatible with the
capacity and uses of existing local and regional community development services and
facilities; and
(6) The area to be served by the District is amenable to separate special district
governance; and
WHEREAS, establishment of the District will constitute a timely, efficient,
effective, responsive and economic way to deliver community development services in
the area described in the Petition; and
WHEREAS, the Petitioner has requested the City for consent to exercise one or
more of the special powers granted by charter in Section 190.012(2), Florida Statutes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Title. This Ordinance shall be known and may be cited as the
"Clearwater Cay Community Development District Establishment Ordinance."
Section 2. Council FindinQs. The Council findings set forth in the recitals to this
Ordinance are hereby incorporated in this Ordinance.
Section 3. Authority. This Ordinance is adopted in compliance with and
pursuant to the Uniform Community Development District Act of 1980, Chapter 190,
Florida Statutes (2005).
Section 4. Creation of District: District Name. There is hereby created a
community development district situated entirely within the incorporated boundaries of
the City of Clearwater, Florida, which District shall be known as the "Clearwater Cay
Community Development District."
Section 5. External Boundaries of the District. Encompassing approximately
49.37 acres, the external boundaries of the District are described in Exhibit "A" attached
hereto.
Section 6. Functions and Powers. The District is limited to the performance of
those powers and functions as described in Chapter 190, Florida Statutes. Consent is
also hereby given, as provided in Section 190.012(2), Florida Statutes (2005), to the
District Board so long as it is in compliance with and subject to the City of Clearwater
Comprehensive Plan and subject to the regulatory jurisdiction and permitting authority
of all applicable other ordinances and regulations of the City, the power to plan,
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and
maintain additional systems and facilities for parks and facilities for indoor and outdoor
recreational, cultural and educational uses, fire prevention and control, including related
buildings and equipment, school buildings and related structures, security, including but
not limited to personnel and equipment, mosquito and anthropods of public health
2
Ordinance 7515-05
importance control, and waste collection and disposal. In the exercise of its powers, the
District shall comply with all applicable governmental laws, rules, regulations and
policies including, but not limited to, all City ordinances and policies governing land
planning and permitting of the development to be served by the District. The District
shall not have any zoning or permitting powers governing land development or the use
of land. No debt or obligation of the District shall constitute a burden on any local
general purpose government.
Section 7. Board of Supervisors. The five persons designated to serve as initial
members of the District's Board of Supervisors are as follows: Darcy Edwards, 2724
Via Murano, Unit 620, Clearwater, FL 33764; Gary Schwarz, 2722 Via Tivoli, Unit 416A,
Clearwater, FL 33764; David Schwarz, 2722 Via Tivoli, Unit 416A, Clearwater, FL
33764; Cristal Coleman, 2749 Via Cipriani, Unit 1015B, Clearwater, FL 33764; Fred
Clark, Sr., 2709 Via Cipriani, Unit 521A, Clearwater, FL 33764.
All of the above-listed persons are residents of the state of Florida and citizens
of the United States of America.
Section 8. Severability. Should any part or provision of this Ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Ordinance as a whole, or any part thereof other than the part declared to
be invalid.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
receipt of acknowledgement that a copy of this Ordinance has been filed with the
Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance 7515-05
12.e: g ,'7
August 30, 2005
City Council
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, Florida 33756
RE: Ordinance #7515-05 Clearwater Cay Community Development District
It is, of my opinion, that the Clearwater Cay Community Development District should
not be adopted by the City Council. I base this statement on the document titled
Operating. Maintenance and Easement Agreement ("OME Agreement") dated January 5,
2000 and filed of record on January 13, 200 in Official Records Book 10784, Page 1247
of the public records of Pine lias County, Florida, as amended, which is attached.
The Grand Bellagio condominium community and the adjacent "Venezia Property" share
certain facilities and also share expenses for maintaining these items on a 50/50 basis.
The definition of the Common Areas can be found on Page 3 Article I, Section 1.02:
A. the Main Entryway;
B. the Entryway feature;
C. the Boardwalk; and
D. utility lines, drainage and stormwater management facilities and sanitary sewer
lift station, as the same are from time to time installed on (or thereafter relocated
on) each of the Bellagio Property and/or the Venezia Property.
The OME Agreement clearly states on page 9, Article II, Section 2.10: "Any substantial
modification or deviation from the Site Plan (except to the extent required by
governmental entities) shall require joint consent and approval of all of the Owners."
Page 3, Article 1.04 defines "Owner or Owners shall mean, individually or collectively,
as applicable, the then owner(s) of any part of the Bellagio Property and/or the Venezia
Property. "
The legal notice posted August 13, 15,22,29,2005 in the St. Peterburg Times, states
"TOGETHER WITH and SUBJECT TO an easement for ingress, egress, drainage and
utilities created by documents recorded in Official Records Book 10958, Page 299,
Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247
of the Public Records of Pine lias County, Florida, over the following described
parcel:,., ,",
In the OME Agreement on page 1, Section D, states "Both properties share a common
access easement the was granted pursuant to Easement recorded in Deed Book 1483, at
page 285, and amended by First Amendment to Grant of Easement recorded in Official
Records Book 10652, at page 534, all 0 the Public Records of Pine lias County, Florida,
(the "Recorded Easement") and which together with the five foot (5') strip ofland lying
adjacent and contiguous thereto that is owned in fee by Bellagio provides ingress and
egress to both properties from publicly dedicated Highway 19."
The petitioner states in his submitted documents "The district is defined to provide
community infrastructure, services, and facilities along with their operations and
maintenance. "
According to the OME Agreement, we already have community infrastructure, services,
and facilities along with their operations and maintenance. There has not been consent
and approval of all the Owners for any substantial modification or deviation from the Site
Plan. Due to this, it is of my opinion, that the documents filed as described above in the
legal notice are null and void. The Venezia Property and Common Areas should be
removed from the District application.
clf^'-v5 ~
Lynn B. Bonaventura
2730 Via Tivoli #334B
Clearwater, FL 33764
727.539.1840
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t THIS INSTRUMENT PREP_~D BY:
1~ Gerald J. Biondo, Esq.
Murai Wald Bionc'" & Moreno P .A.
25 Southeast Second Avenue
Sui te 90r.
y:} Miami, Florida 33131
OPERATING, !G.IN'l'ENANC! AND EASDmn', AGRED!EN'r
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This Operating, Maintenance and Easement Ag~eement is made and
entered into effective as of the 2 day of ~'( ,2000, by
and between THE GRAND BELLAGIO AT BAYWATCH LIMItED PARTNERSHIP, a
Florida limited partnership, and THE GRAND VENEZIA AT BAYWATCH
LIMITED PARTNERSHIP, a Florida limited partnership.
WIT N E SSE' T H:
----------
The parties aCknowledge the following recit~ls to be true and
correct:
A. The Grand Bellagio at Baywatch L~mited Partner~hip
(the .. Bellagio") owns fee title to real property legally described
on Exhibit' 'A" appended hereto (the 'Bellagio P~operty").
B. The Grand Venezia at Baywatch Limited Partnership
(the 'Venezia") owns fee ti tle to real property legally described
on Exhibit '8" appended hereto (the 'Venezia Property") .
C. Bellagio and Venezia are each developing on their
respective parcels, multi-family apartment projects, which as
respects the Venezia Property will consist of ppproximately 336
units and as respects the Bellagio Property will consist of
approximately 311 units.
D. Both properties share a common acqess easement that
was granted pursuant to Easement recorded in D~ed Book 1483, at
page 265, and amended by First Amendment to Grant of Easement
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F' tNEl..L.FlS COUNTY rLfl.
orr ,REC ,SIC I07S~ PO 1248
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recorded in Official Records Book 10652, at page 534, all of the
Public Records of Pinellas County, Florida (the -Recorded
Easement^') and wh.i~b together with the five foot (5') strip of land
lying adjacent and contiguouS thereto that is owned in fee by
Bellagio provides ingress and egress to both properties from
publicly dedicated Highway 19. The Recorded Easement and the
aforedescribed five foot (5') strip that is legally described on
Exhibi t-C" appended hereto are collectively referred to as the
-Main Entryway^'. The Main Entryway will direct traffic flow from
Highway 19 into an entryway feature to be developed on the Bellagio
Property which is currently planned to have a security gate, guard
house and a twenty-four (24) hour security guard service. Ti'e Lmd
underlying such guard house and entryway feature is legally
described on Exhibit -~ appended he~eto (said land together with
the 1uard house and entryway feature is referred to herein as the
"Entryway Feature^') and as provided oelow, an easement is granted
to the Venezia Property with respect to use of the same.
E. There is a six foot to eight foot boardwal~ planned
for the development of both the Bellagio Property and the Venezia
Property, which will lie adjacent an9 contiguous to all bodies of
water. Accordingly, there will effectively be a six foot to eight
foot boardwalk around the entire south, north and eastern boundary
lines of the properties, which lie oontiguous to navigable water
(the "Boardwalk"'). The Boardwalk may be constructed with either
wood, concrete, plastic wood, pavers or other suitable material.
The Boardwalk is located in part on the Venezia Property and in
part on the Bellagio Property and, as provided below, there are
cross easements granted to both properties so that there will be
free and full access to the entire Boardwalk as it will be
eventually constituted.
F. Additionally, there will be utility lines installed
on both the Bellagio and/or Venezia Property for water, gas,
electric, sewer, as well as storrnwater drainage facilities and to
the extent needed, a sani tary sewer lift station; some of the
foregOing utility lines and systems will be dedicated for public
use by all parties. To the extent pot publicly dedicated, each
party, as provided below, will grant cross easements over the
utility lines and drainage facilities as may from time to time be
located and relocated on a party's Property, which utility lines
and systems are designed to serve eaoh other's property.
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G. The purpose of this document is to grant cross
easements and prOvide for the operation of the various common
facili ties and for a Sharing of cost and expenses with respect to
the same.
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Orr.REC.8K 10784 PO 1249
NO~, THiREFORE, in consideration of Ten Dollars ($10.00) and
other mutual considerations, the receipt and sUfficiency of which
are hereby aC;:knowledged, the parties agree as follows:
ARTICLE I.
DEFINITIONS
For purposes of this document, the followin9' terms, unless
otherwise indicated, shall have the following meanlnqs and the use
in the singular shall include the plural:
1. 01 The definitions in the recitals are hereby
incorporated py reference.
1.0~ Common Areas shall mean the following:
A.
B.
C.
D.
the Ha )~n Entryway;
the Entryway Feature;
the Boardwalk; and
utili ty lines, drainage and stormwater
management facilities and sanitary sewer lift
station, as the same are trom time to time
installed on (or thereafter relocated on) each
of the Bellagio Property ~nd/or the Venezia
Property.
1.0~ City shall ~ean the City of Clearwater, a municipal
subdivision o~ the State of Florida.
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1.04 Owner or Owners shall mean, individually or
COllectively, as applicable, the then owner(s) Qf any part of the
Bellagio Property a~d/or the Venezia Property.
1.05 Parcel or Parcels
collectively, as applicable, the
Venezia Property.
shall mean, individually or
Bellagio Property and/or the
ARTICLE II.
2.01 Main EntrYWay.
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~:v.~~: A. As stated in the reci tals, the Owners have
~! access to their respective Parcels through the Main Entryway. This
", : area runs apprOXimately S5 feet in width and approximately 610 feet
-- in length from the right-of-way line of US Highway 19 to the
I,.,.~!: western most boundary of the ae_131_a9'iO Property. Pursuant to the
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Recorded Easement, the Owners enjoy this area on a non-exclusive
basis with the fee title holder of said property, to wit:
Harbourside Realty Holding Company "Harbourside*). In connection
with the development of tneir respective Parcels, Belhgio and
Venezia have agreed to refu.rbish and redevelop the Main Entryway
and to provide for several t;raffic lanes, together with green belt
areas and signage sufficient to advertise their respectivEl Parcels.
All plan! and !pecifications for the redevelopment of this area
are subject to the approva~ of Harb':>ur3ide. Th'.: O....'ner~ jointly
ag:p.~ to engage an architect/engine~r for PUrp<.ses ()f preparing
silid plans and specification/) and agret: chat they ,o;hal ~ share on an
e~'lJal fifty percent (50\) basis the entire cost of redevelopment of
the Main Entryway including, without limitation, soft costs such as
archi tect' s and engineer's fees. The Owners shall h~ve equal
decision making authority with respect to the determination of the
type of development that will be constructed in the Main ~ntryway.
It is anticipated that ther~ should not be a difference o~ opinion
wi th respect to the same a~ there is common ownership a.s of the
present time of both the Bel+agio and Venezia entities, hO\'iever, in
the event of separate ownership and conflict as to the rights
invol ving the Main EntrYWay, if Christopher DelGuidice still
maintains an ownership inter~st in any Owner, the Owners h~rein and
hereby irrevocably designate Christopher DelGuidice to make all
final determinations as to the plans and specificatiqns with
respect to the Main Entryway. In connection with the Main
Entryway, both parties agree to be stipulated as 'Owner" qn an AlA
contract to be entered into.
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B. As desc~ibed in the 'Reci tals", there is a
fi ve foot (5') strip of land described on Exhibit 'C'" herato which
is located contiguous to tne fifty foot Recorded Easem~nt, fee
title to which five foot (5') strip is owned by Bellagio. Bellaqio
herein and hereby grants, conveys and transfers an irrevocable,
unconditional, non-exclusive and perpetual easement appurtenant to
the Venezia Property for the use of the present and future owners
of the Venezia Property and their respective tenants, agents,
employees, invitees and licensees (and the agents, employees,
invi tees and licensees of such tenants) over the above-referenced
five foot (5') strip of lanq for purposes of ingress and egress,
both pedestrian and vehicular, which serve the Venezia Property, as
well as the Bellagio Property.
2.02 The Entryway feature.
A. The Entryway Feature will consist of a guarded
gatehouse that shall be constructed on the Bellaqio Property. All
pedestrian and vehicular traffic shall traverse from tne Main
Entryway through the guarded gatehouse and then be diverteq to the
respecti ve Parcel whether it be the Bellagio Property or the
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orr,~tC,8K I07!~ PQ 12~1
Venezia Property. The cost of construction of the Entryway Feature
shall be borne equally by Bellagio and Venezia on a 50/50 basis.
Bellagio shall have the responsibility for constructing said
Entryway Feature (which is anticipated to include signage, lighting
features, landscaping, fountain (s), electronic equipment) in
accordance with plans mutually acceptable to Venezia and Bellagio
and shall bill Venezia on a quarterly, semi-annual or annual basis
(as elected by Bellagio) for construction costs incurred with
respect to the same. It is anticipated tha t there should not be a
difference of opinion with respect to construction of the Entryway
Feature as there is common ownership as of the present time of both
the Bellagio and Venezia er.tl ties, however, in the event of
separate ownership and conflict: as to the rights involving the
Entryway Feature, if Christopher DelGuidice still maintains an
ownership interest in any Owner, the OWners herein and hereby
irrevocably designate Christopher DelGuidice to make all final
determinations as to the plans and specifications wit.h respect to
the Entryway Feature. It is presently anticipated tbat there will
be full time st:curity engaged in connection with th~ .Jpp.ration of
the Entryway Feature and that the same will be fully lit and
landscaped so there will be significant operating costs associated
wi th the Entryway Feature.
B. Bellagio herein and hereby grants, conveys and
transfers an irrevocable, unconditional, non-exclusive and
perpetual easement appurtenant to the Venezia Property for the use
of the present and future owners of the Venezia Property and their
respect! ve tenants, agents, employees, invi tees and licensees (and
the agents, employees, invi tees and licensees of such tenants)
over, through and across the Entryway Feature for purpose of
access, both pedestrian and vehicular, to the Venezia Property.
2.03 Boardwalk. It is presently contemplated by the
Owners that the Boardwalk will be constructed on each of the
Parcels. The Boardwalk shall be constructed along the entire
boundary line of each Parcel to the extent that said boundary line
touches or is contiguous to any navigable body of water, all as
reflected on the preliminary site plan appended hereto as Exhibit
. EN . The Boardwalk: shall be const ructed along the north, south and
easterly boundary line of each Parcel at the sole cost and expense
of the Owner of the applicable Parcel, subject to governmental
approvals. Each Owner herein and hereby grants, conveys and
trans fers to the other Owner an irrevocable, unconditional, non-
exclusive and perpetual easement appurtenant to such other Owner's
Parcel for the use of the present and future owners of such otner
Owner's Parcel and their respective tenants, agents, employees,
invi tees and licensees (and the agents, employees, invitees and
licensees of such tenants) over, through and across the Boardwalk
for the purposes for which such Boardwalk has been constructed,
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~INtLLRS COUNTY rLA,
orr,RtC.iK 10?. PO 12S2
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subject to such reasonable rules and regulations regarding use of
same as the Owner of the applicable portion of the Boardwalk shall
prescribe. Each Owner shall have the responsibility for
maintaining the portion of the Boardwalk located on such Owner's
Parcel in a first-class condition.
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2.04 Maintenance of Main Entrvwav and the Entrvway
Featur~, The Owners shall share on a 50/50 basis all maintenance
and oth~r costs associated with the Main Entryway an~ the EntrY....ay
Feature, which costs shall include, wi thaut limitation, a prorata
share af both real estate taxes and insurance premiums and a
prorata share of the costs of a twenty-four (24) hour security
guard and the other operating costs of the Entryway Feature. The
responsibili ty for performing such maintenance work shall remain
wi th the Owner of the Bellagio Property, which O....ner shall
undertal!;e maintenance responsibilities and shall b.ill the other
Owner for its fifty percent (50%) share of con on an interim basis
as costs and expenses are incurred. The l~wn~r of the BeJ.liigio
,">roperty shall prepare a budget of estimated costs and expenses
JSsociated with maintenance of the Main Entryway and the Entryway
Feature on an annualized basis and shall provide such budget to the
other Owner for such other Owner's review and approval. The budget
will contain an estimate for real estate taxes and insurance
premiums associated with the Main Entryway and Entryway Feature, as
well as a reserve for asphalt replacement and landscape replacement
(hereinafter collectively the .Variable Cost Hems"). The
annualized budget shall be prepared by the Owner of the Bellagio
Property and submitted to the other Owner for its review and
approval en or before December P' of each year. If no agreement
can be reached wi th respect to said operating budget for the
ensuring calendar year, then the prior year's actual operating
costs shall be deemed to be in effect for the ensuing year
provided, however, all line item categories shall be entitled to a
maximum ten percent (10%) increase over the previous year's actual
amount to accommodate any cost of living changes or adc;led expenses.
To the extent the Variable Cost Items are more or less than
bUdgeted, the Owners shall adjust between themselves the costs for
said items at year end notwithstanding the approved budget.
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2.05 Lift StatioQ. To the extent needed, a sanitary
sewer lift station (the "Lift Station") will be installed, which
will be designed to accommodate 647 residential units comprising
both parcels. The actual cost of constructing and subsequently
maintaining this Lift Station will be ratably borne by the Bellagio
Property and the Venezia Property based on the number of
residential units for each parcel (311/647 for the Bellagio Property
and 336/647 Ior the Venezia PrOpertyl. The owner of the 8ellaq1o Property will
construct the L1ft Station, if needed. and then bill the owner of the
Venezia Property for its proportionate cost~ of the same once Completed. The bill
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P INtLLAS COUNTY rL.A
Orr.RtC.8K 10784 PO 12~3
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to the owner of the Venezia Property will include a detailed cost
breakdown and copies of paid invoices.
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2.06 Utility Facilities. Each OWner will, from time to
time, construct on its respective Parcel utility lines which shall
include, without limitation, water, sewer, electric, telephone,
cable ~nd possibly gas. Any such utility line shall to the fullest
extent' Possible be designed to accommodate not only the
improvements constructed or intended to be constructed pursuant to
the preliminary site plan attached hereto as Exhibit 'E'" on said
OWner' ~ Parcel but to the extent needed, also the improvements
constructed or intended to be constructed pursuant to said
prelim~nary site plan on the other Owner's Parcel; provided that
any adqitional cost and expense incurred as a result of designing
and/or constructing such utility lines to accolMlodate the
improv~ents on the other Owner's Parcel snall be borne by the then
owner of such Parcel. Each Owner (the '.;rantinq party") hereby
grants, conveys and transfers to the other Owner an irrevocable,
uncol1d~tional, non-exclusive and perpetual easement appurtenant to
the otner OWner's Parcel for the use by the present and future
owners (COllectively, the 'benefitted partyw) of the other OWner's
Parcel of any and all utility lines and related facilities now or
hereafter constructed on the granting party's Parcel for purposes
of serving improvements now or hereafter to be constructed on the
benefitted party's Parcel, inClUding, without limitation, the right
to enter upon the granting party's Parcel for purposes of
maintaining said lines and faCilities; provided, however, that, the
benefit.ted party shall only be allowed to use such easement and
rights to the extent that the applicable utility lines and other
facilities are of sufficient capacity and design to accommodate
such use and such use does not unreasonably interfere with the use
and enj oyment of such lines and other facilities by the granting
party. Notwi thstanding the foregoing or anything else herein
contained, each OWner reserves unto itself the unilateral right to
relocate to the extent needed any utility line that is now or
hereafter installed, provided, however, and to the fullest extent
possible, the relocation of said facility will not disturb the
'Jther Owner's existing use of said faCility.
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2.07 Stormwater Management Facilities. The proposed
projectp for the Venezia Property and the Bellagio Property were
enginee~ed and designed to have one integrated stormwater
managem~nt system. The dry retention and wet retention ponds, the
drainage pipes and exfiltration systems for both parcels are
interre~ated and effectively comprise one system. Due to physical
restraints on the Venezia Property, the wet retention pond (the
'Wet Pond"), which is necessary for stormwater purposes, was
physica~ly constructed on the Bellagio Property; said Wet Pond was
sized appropriately to accommodate both parcels. Bellagio will
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maintain said Wet Pond facility and will charge Venezia one-half
(~) of the costs of the same. Maintenance will consist of keeping
the Wet Pond free from exotiQ plant overgrowth and removal of
debris and sedimentation so that sediment from stormwaters is
removed prior to its exfil tration into the pipes underlying
adjacent roadways. The estimated ann~al costs for said maintenance
is approximately $5,000 to be shared equally between the parcels.
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Each party will lIlaintain at ,its co~t the remaining
portion of the stormwater management system that is located on a
party's property and each party agrees that once said system is
installed and operational, i t ~ill nQt be substantially modified
without the consent of the other party and appropri,ate governmental
entities having jurisdiction thereof.
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It is agreed that once the water m~nagement system
is approved by the Southwest f~orid~ Water Hana~ell\ent District
(.SiriFWMO'"') and installed in accordance wi~h saiq approval, the
system will not be Substantially modified nor significant
irr.,)ervious areas added to a party's parcel without the express
consent and approval of SW~D.
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Stormwater management systems, wl1ich have been
engineered to provide treabnent of stormwater, shall be maintained
according to the maintenance and operation instructions and permit
conditions issued by SW~. Pe~colat~d exfiltration systems shall
be inspected according to SWFWMO permH conditions to demonstrate
compliance wi th the permits.
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Each party grants cross easements for drainage
purposes over the stormwater man.;igement systems to pe installed on
a party's property.
2.08 Hi tigation Moni t;oring Reports. The parties
acknowledge that both of their respect'ive parcels qre the subject
of governmentally approved and constructed mi~igatiop areas. There
are sea walls, rip/rap and mangroves contiguous to each party's
tract that are all part of a governmentally approved mit igation
plan. Each party agrees to maintain 4t said party's expense the
mitigation areas that lie contig\.lous to a party' 5 parcel.
There is also a cOl1tinuing dut:r to prepare
monitoring reports and submittal of th~ same to the Army Corp. of
Engineers in accordance with ACO~ PermH No. 199004~21 (IP-BL) and
to the Department of EnVironmental Protection in a~cordance with
DEP Permit No. 52-010606-9 and D~P Permit No. 52-1~7234-9. The
parties agree to jointly prepare said monitoring reports and
jointly share the costs of the sqme on a SO/50 basi$.
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............. 2.09 Estoppel Letters. To the extent requested, each
~j Owner may, upon demand in writing (by certified mail, rethurn ,_ 1
receipt requested or by reputable overnight carrier), require t at
,~_.~:.;~jli the ether OWner provide an estoppel letter within ten (10) days
~<::i::rl' from the date of receipt of such request specifying what, if any, l'
monies are owed in connection with the construction and maintenance I
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of t~e Common Areas and the status of performance of the other t _
lJ oblig~tions hereunder. To the extent that an Owner ignores l'aid
request for an estoppel letter and does not provide the requi~ite
estoppel information within thirty (30) days from thl~ date of ~aid
reque~t, then it shall irrevocably be deemed that there is no
outsti,mding payment obligation wi th respect to either construction
and/o+, maintenance facHi ties and no outstanding defaults with
respe~t to performance of any other 0bliqations under t;his
Agreement except to the extent that a cl~~im of lien has been
recorded in the Public Records of Pinellas County evidencing the
same.
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2.10 Conformity to the Site Plan. Appended hereto as
ExhibH -E" is a prelimina~y site plan (the -Site Plan")
delin~ating the respective number of apartment units initially
plann~d to be constructed on each OWner's Parcel. The Site Plan is
subjeqt to governmental approval but once approved, shpll
constitute an entitlement by each Owner with respect to the nwnper
of ap~rtment units that are constructed on said Owner's ParceJ..
Any substantial modification or deviation from the Site PJ,an
(except to the extent required by governmental entities) shCilll
require the jOint consent and approval of all of the OWners. EC;lch
OWner agrees to act reasonably with respect to the granting of SCilid
approval, provided, that the revisions that are requested relqte
only to the utilization of the Parcel as a residential apartm~nt
development. To the extent that an Owner desires to use its ParGel
for cOjtlltlercial purposes other than residential usages and/or those
serving said residential usages, then the other OWner shall h~ve
the unbridled discretion to refuse to grant its approval to a
change in the Site Plan.
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2.11 Operation and Maintenance. Each Owner sha 11
maintain its respective Parcel in a first class manner. All CO~n
Areas ~ocated on an Owner' 5 Parcel shall be leept free and clear of
debris at all times and any dam~ge or erosion of the Common A.re~s
shall be promptly repaired, replaced and/or resurfaced ~s
necess~ry. All dead trees, plants, shrubs, flowers or landscapiog
shall pe properly replaced and all grass areas shall be mowe<;:1,
trimmed and fertilized on a periodic basis. Each Owner shall
prompqy pay all real estate taxes associated with the respective
ownership of its Parcel and the easements granted herein shall l:;>e
deemed prior in time and dignity to the fullest extent possible
wi th respect to any real estate tax liens now or hereafter created
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or~,Rtc,aK 101a4 ~O 12~S
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and/or any mortgage liens now or hereafter created. The Owner of
each Parcel shall maintain or cause to be maintained in a safe,
clean and tenable condition and in good order and repair consistent
i~ a manner and appearance with a first class apartment complex,
all bUildings, especially as to the exterior appearance of such
buildings, located on its respective Parcel. Painting and other
exterior maint~nance shall be periodically performeq by (lch OWner
as reasonably required to be consistent in manner ~nd appearance
wi th a first class apartment complex. No excessive and/or
unsightly rust, deposits or deteriorations shall b~ permitted to
accumulate on any buildings or other improvements.
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2.12 Common Area Liabili ty Insurance. Eac::h Owner shall
maintain or cause to be ;'ll1intained commercial general liabil i ty
in~>urance with a repu'~ab~e insurance company licensed to do
busine.53 in the State of Florida insuring against all st;>,tutory and
commor. ;'dW liabi 11 ties for damage to the respective P:trcel or
injuries includinq loss of li fe sustained by any per~on or persons
wi~hin or arising out of the use of Co~on Areas whether caused by
any other or tenant or occupant of the respective Parcel or their
re~pective agents, guests, invitees or whether such cause results
frQm negligence or otherwise. Such policy shall provide limits on
a per occurrence basis in not less than $3,000,000.00 with respect
to injury to anyone person and $3,000,000.00 with rf!spect to any
one occurrence and $3,000,000. 00 with respect to property damage
arising out of anyone occurrence. The policy shall provide that
it shall not be canceled or amended without at leas~ thirty (30)
days prior written notice' to the other Owner and the first
mortgagees of Sllch Owner. Such pOlicy shall name both Owners and
the Owners' fir~t mortgagees as insureds under the s~me.
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2.13 Mechanic's Liens. If because of any act or omission
(or alleged act or omission) of the Owner of a Parcel, its
emp~oyees, agents, contractors or subcontfactors, any mechanic's or
other lien, charge or order for the payment at mOney or other
encumbrance shall be filed against the Parcel of another Owner, the
first Owner shall, at its own cost and expense, cause the same to
be discharged of record or insured or bonded over to the reasonable
sa tis faction of the Owner of the Parcel encwnbered by the
part;:icular lien or encumbrance within thirty (30) days after notice
to said Owner of the filing thereof. In any event, said Owner
shaJ,l indemni fy, defend and save harmless the other awper from and
against all costs, liabilities, eXPenses, damages, suits,
penql ties, claims and demands (including actual attorneys' fees and
costs incurred) resulting therefrom. An Owner must remove of
record, or cause to be removed of record, or insure over any lien
encu,mbering a Parcel not owned by such Owner. In all events, an
Owner must remove of record, or cause to be removed of record, any
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Crr.~EC,BK IO?I~ PQ 12!?
such lien ~ncumbering a Parcel not owned by such OWner within two
(2) years of the date such lien was filed of record.
~.14 Indemnification. Each OWner shall defend, indemnify
and save the other OWner harmless from any and all liability,
damage, expense, caus~ of action, suit, claim or judgment arising
from any injury to per~ons or property in or on th~ Common Areas of
such Owner's Parcel to the extent arising from the occupation, use,
possession, conduct or management of the Common Areas by such
OWner.
~.l5 Damage to or Destruction of Buildings. In the event
that any Part of any puilding, structure or other improvement on
any Parcel not constituting the Common Areas is damaged by fire or
other casualty (incl~ding expensive termite infestation), the Owner
upon whose Parcel such damaged or destroyed building, structure or
other improvement i:!l located shall not be obligated to restore
same, prov~ded that such OWner, at its sole expense and without
regard to the availab~lity of insurance proceeds, shall promptly
remove all debris. Within one hundred and twenty (120) days after
the fire or other cas~alty, such OWner shall elect either (i) to
raze the building, structure, or other improvement that is damaged
and grade the affected area to substantially the same grade as the
adj acent Parking area and adequately seed such affected area or
(ii) to restore the remaining portions of the damaged building,
structure or other improvement, if any, or to demolish and rebuild
the same to an archit~ctural whole with at least the same quality
of workman~hip and ~terials used with respect to the original
construction and in a first class, workmanlike manner. Such Owner
shall, not later than one hundred and twenty (120) days after such
fire or other casualt;y, commence either (i) or (ii) above and
thereafter diligently prosecute same to completion. If the Owner
elects to proceed pursuant to (i), such work shall be completed in
one hundred and twenty (120) days, but the Owner Shall be entitled
to three hundred sixty (360) days to complete the work described in
(ii) above. Nothing h~rein shall prevent such Owner from restoring
or rebuildipg such d~ged building, structure or other improvement
on such aftected area at a later time should such Owner decide
initially not to resto~e such damaged bUilding, st~ucture or other
improvement, so long ~s such construction (and its deferral) does
not violate any of the provisions of this Agreement.
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ARTICLE III.
REMEDIES
3.01 Default of OWner. An ~er shall b~ deemed to be
in default upon the expiration of ten (10) days frpm receipt of
· written nc;>t1ce from any other Owner (with a copy to all other
Owners) speCifying a failure to pay any amount d~e under this
Agreement and upon the expiration of thirty (30) day~ from receipt
of writtell notice from any other Owner (with a copy to all other
Owners) specifying the particulars in which sqch OWner has failed
to perform the obligations of this Agreement otner than non-payment
unless that OWner prior to the expiration of the appl~cable periOd,
has rectified the particular failure specified in fjaid notice.
However, such OWner shall not be deemed to be in default if such
failure (except the failure to pay any monetary obligation) ca.mot
be rectified within said thirty (30) day period despite i'(s good
fai th effo~ts to do so, and such Ooomer shall have cOllUl\enced to cure
the default within said thirty (30) days and shall diligently
thereafter pursue such cure until completed.
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~. 02 Right of Other Owner to Cure DefauHs and File
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A. In the event that any Owner (referred to in
this Section 3.02 as the 'Responsible Party"') fails to maintain the
Common Are~s (or any portion thereof for which it is responsible)
in accordance with the covenants of this Agreement or otherwise
fails to perform its obligations hereunder afte:r expi~ation of any
applicable curOe periOd, the other Owner (referred to in this
Section 3.02 as the 'Curing PartY"') shall have the right, upon ten
(10) days' prior written notice to the Reswcnsibl'e Party, to
perform any such maintenance or other obligations. Notwithstanding
the foregoing, in the event of an emergency which threatens the
h.eal th or safety of the persons entitled to use the Common Areas or
the other ~mprovements on the Parcels, no advance wrHten notice
shall be required prior to effectuating a cU~e on behalf of a
Responsible Party, but the Curing Party shall mak~ reasonable
a ttempts to contact the Responsible Part y prio~ to and/or during
the course of such cure.
B. The Respons ible Party agrees to reimburse the
Curing Party (within thirty (30) days after pre~entatipn of a bill
therefor) for all costs, expenses (including actual attorneys'
fees) and other sums of money expended in connection with
performance of the obligations of the Responsible Party as set
forth in subparagraph (A) above, together witO inte~est on the
amounts expended from the date of the expenditure until the date of
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O~r.RtC,BK 101B~ ~G 12!9
payment at an annu41 rate of interest (the "Default Rate') equal to
the prime rate announced from time to time by the Chase Manhattan
Bank plus two perc~nt (2%), or, if such institution shall cease to
exist, the prime rate announced from time to time by the publicly
held bank located ~n New York, New York which has the most assets
plus two percent (~\).
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C. If the Responsible Party fails to reimburse
the Curing Party w~thin the time periOd set forth above, then, in
addition to the ot~er rights and remedies available to the Curing
Party hereunder, toe CUring Party shall be entitled to file a lien
against the Responsible PlSrty'S Parcel for the full amount owing by
the Re$ponsible Pa~ty. Said lien shall not become effective until
physically recorded in the Public Records of Pinellas County,
Florida and shall be subordinate in all respects to first mortgages
now or hereafter placed on a Responsible Party's Parcel.
3.03 Other Remedies. In addition to the foregoing, if
any ()wner defaults in the performance of any me-.cerial provision of
this Agreement, which default continues after \:he ;)eriod of grace,
if any, with respec:t thereto, any other Owner ml:l}' institute legal
action against th~ defaul tinq Owner for specific performance,
declaratory relief, damages or other suitable legal or equitable
remedy. The rell\ed~es and liens provided in this Article III and
the enforcement th~reof as provided in this Agreement shall be in
addition to and not in substitution fo~ O~ e~clusion of any other
rights and remedies which the OWners may have under this Agreement
or at law or in e~ity.
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3.4 Attorneys' Fees. In addition to the recovery of
damages and of any 'sums expended on behalf of a defaulting OWner,
together with interest thereon as set forth in this Agreement, the
prevailing Owner in any action to enforce any provision of this
l\greement shall be entitled to receive from the other OWner its
oosts and expense~ incurred in connection with such action,
including actual re~sonable attorneys' fees and costs for services
rendered to the preyai ling Owner in any such action (including any
appeal thereof) .
ARTICLE IV.
,
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4.01 Obli~ations of this Agreement. Except as otherwise
provided by the terms and provisions of this Agreement, each and
every covenant, und~rtaking, condition, easement, right, priVilege
and restriction (herein referred to as .Obligations of this
Agreement") made, granted or assumed, as the case may be, by an
Owner shall be an equitable servitude on such Owner' 5 Parcel for
the benefit of the Qther Owner's Parcel. Every Obligation of this
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Agreemen t shall run wi th the land, and sha 11 be binding upon the
Owner making or assuming the several Obligations of this Agreement,
and such Owner's successors and assigns and shall inure to the
benefi t of such successors and assigns. Any transferee of any
Parcel (or part of a Parce~) shall automatically be deemed, by
acceptance of title to such Parcel (or part of a Parcel), to have
assumed all of the Obligations of this Agreement but only to the
extent such Obligations accrue after the Effect i ve Date of such
transfer 0 f ti tie and shall further be deemed to have agreed with
the o.mer or Owners of all other portions of the Parcels to execute
any and all instruments and do any dnd all things reasonably
required to carry out the intention of this Agreement. Any
transferor shall, upon the consummation of such transfer, be
relieved of all further liability under this Agreement except such
liability as may have arisen during its period of ownership of the
part (or all) of a Parcel so conveyed and which remains
unsatisfied, unless such transferor remains an O"..mer.
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4.02 No Wai v~r. No delay or omi~::; ien of any OWner in the
exercise of any right accruing upon any defaul t of any other OWner
shall impair any such right or be construed t,) be a waiver thereof,
and every such right may be exercised at any time during the
continuance 0 f such defaul t. A wai ver by any Owner of a breach or
a defaul t of any of the terms and conditions of this Agreement by
any other Owner shall not l:>e construed to be a waiver of any
subsequent breach or default of the same or any other provision of
this Agreement or a wa~ \fer by any other Owner. E^cept oS cthe~,;isia
specifically provided in this Agreement, no remedy provided in this
Aqreement shall be exclusive, but each shall be cumulative with all
other remedies provided in tliis Agreement and at law or in equity.
4.03 No Termination for Breach. It is expressly agreed /
that no breach, whether or not material, of the provisions of this
Agreement, including, without limitation, a breach by an Owner of
its obligation to pay its share of construction or maintenance
costs, shall entitle any Owner tQ cancel, rescind or otherwise
terminate this Agreement or the easements and other rights created
herein, which easements and other rights shall remain in full force
and effect and remain appurtenant to the benefitted land anq burden
the burdened land notwithstanding anY such breach; provided however
that the foregoing limitation shall not affect, in any manner, any
other rights or remedies which any OWner may have hereunder by
reason of any breach of the provisions of this Agreement.
4.04 No Dedication to the Public. Nothing contained in
this Agreement shall be deemed to be a gift or dedication of any
portion of the Parcels to the general public or for any public use
or purpose whatsoever, it being the intention of the Owners that
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orrore,s, 107S4 PO 1261 I
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this Agreement is for the exclusive benefit of the Owners of the
Parcels and their respective successors in title t9 all or any
portion of the Parcels, and tha,t nothing in thi\9 Agreement,
expressed or implied, shall confer upon any other party other than
such Owners and their successors in title, any right~ or re~edies
under or by reason of this Agreement. Additionally, nothing herein
contained shall be construed or interpreted to vest ~ny rights in
this Agreement in any tenant occupying space in any oQe or more of
the buildings now or hereafter con~tructed on the Parcels, nor in
any agent, employee, invitee Or lic~nsee of such tenant, nor in any
agent, employee, invitee or licensee of any Owner. Any OWner of a
Parcel shall have the right from t~me to time to close all or any
portion of the Common Areas on such Parcel to the public in order
to prevent a dedication thereto or the accrual of any rights in any
Owner not expressly granted rightl3 hereunder, but ~uch closing
shall not unreasonably interfere with the use and enjoyment by the
other OWner~ of the easements and rights hereby creat~d.
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4.05 Amendment, Modification or Termination. This
Agreement may be amended, Ir,iJdlfied 'or terminated at any time by a
written instrument agreed tc, executed and acknowledg~d by all of
the OWners of the Parcels (or any portion thereOf) anq thereafter
duly recorded in the Official Recqrds Book of Pinellas County,
Florida. This Agreement shall not be terminated, amenQed, altered
or modified in any way material manner without the prior wr~tten
consent of any first mortgagee then encumbering the Par~els (o~ any
portion thereof).
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4.06 Easements and Rights Not Exclusive. The easements
and rights granted herein and created hereby are not exclusive and
the right is hereby reserved in each Owner to grant such other
easements, rights or priVileges across, on or pertaining to the
Common Areas and the ot~er portions of their respective Parcels to
such persons and for such purposes a~ the respective Owners may, in
their discretion, select, so long as such purposes do not
unreasonably interfere with the ease~ents and rights granted herein
and created hereby.
4.07 Governing Law. This Agreement shall be construed in
accordance with the laws of the State of Florida.
4.08 Headings, The sectiqn headings in this Agreement
are for the convenience only, shall in no way define or limit the
scope or content of thi~ Agreement and shall nct be COnsidered in
any construction or interpretation of this Agreement or any part
thereof.
4.09 No Partnership. Nothing in this Agreement shall be
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Orr,RtC.IK 1078~ ~O 12&2
construed to make the Owners partners or joint venturers with each
other or render any of the Owners liable for the debts or
obligations of the others.
4.10 Hazardous Substances. No OWner nor any tenant or
other occupant of the i~rovements located on the Parcels ~hall
use, discharge, generate, tranr;Jport, dump, spill or store any
-Haz.ardou. Substance81F (as defined below) in the, 1mprov~ents
located on the Parcels ~xcept in accordance with applicable laws
and the reasonable requirements of the other OWners. Each OWner
hereby cov~nants and aqr~es to d~fend, protect, indemnify and hold
harmless every other Owner ~nd their respective directors,
officers, agents, representativ~s and employees from and against
all claw (including any action or proceeding brought thereon) and
all costs, losses, expenses anq liabilities (including, witnout
limitation( reasonable attorney~' fees and cost of slJ.i t and all
third party claims and SUJn,S paid in settlement thereof) arising out
of a breach by said OWner of the provisions of this paragraph. The
term -Hazardous Substance09 shall mean asbestos, soil or groundwater
contamjnation radioactivity, ~ethane, radon, volatile hydro
carbons, undergro~~ld stor~ge tanks and any other hazardous or toxic
substances, mate:'~.als or conditions, as the same may be, nO\rf or
hereafter defined and/or regulated by any state, federal or l<;>cal
governmental body havinq jurisdiction.
G: \OATA \llI:I41lDl\AL-<:JI.tlX\a:A-I- l-OO
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This Agreement is executed on the day and year first above
written.
Witnesses:
Florida
..)..... , ;
Florida
STATE OF FLORIDA
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THE GRAND BELLAGIO AT BAYWATCH
LIMITED PARTNERSHIP, a
limited partnership
By:
GBBI LTD.
By:
;Z
THE GRAND VENEZ":;' AT BAYWATCH
LIMITED PARTNERSHIP, a
limited partnership
By: GVB, LTD.
~~/
By: ~ /J
C ristopher DelGuidice
COUNTY OF tx"""'Y-
II!~ The fqregoing instrument was acknowledged before me this
~ day of ~n. , 2000, by CHRISTOPHER DELGUIDICE, as
President of GBB, INC., a Florida corporation, the General Partner
of GBB, LTD., a Florida limited partnership, as the General Partner
of THE GRAND BELLAGIO AT BAYWATCH ).rH'n"!'E~RSHIP, on behalf of
the limited partnership. He i~ersonal.v known to me or has
p+oduced as identification.
TNIIIt ~
1IY COIISSlOlU CC m..
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My Commission Expires:
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1/3/00 12: II PIli
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orr.REC.IK 101'. ~O 12S.
(acknowled~ent continue on next page)
-18-
,. IN[L.L.AS COUNTY rL.A
orr "ttc .IK 10?8~ /Ja 12BS
STATE OF fLORlDA
COUNTY OF Or~
5'- ,The ~Oinq instrument was acknowledqed before me this
day of , , 2000, by CHRISTOPHER DELGUIDICE, as
President of GVB, INC., a Florida corporation, the General Partner
of GVB, LTD., a Florida 11m! ted partnership, as General Partner of
THE GRAND VENEZIA AT BAYWATC~~:~~~TNERSHIP, on behalf of the
limited partnership. He is . own to me or has produced
~~ identification.
~~:::- ~~c:- 5 ~ FWRICA
......:t::.--. Print Name:
Commission No. :
}: 58.
My C~ission Expires:
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orr.~EC.1K IO?'~ ~o 1266
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BELLAGIO PROPERTY Orr ,RE:C ,&1< I078C PO 1267
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Orr.RtC,SK lO?e~ PQ 1259
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: :;. ' EXHIBIT "B"
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VENEZIA PROPERTY orr ,REC ,SIC 1078.- PO 1269 I
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EXHIBIT "e"
~IN[LL~I COUNTY rLA
orr,REC.8K 10?8~ PO 12?O
LEGAL QZSCRIPTIO~ OP' '!'Em !'IV! POO'l' S'!'RI~
A c~ , fofIt ~tr;, .II."d I,.", iff S_tir:1tf 20. ro.".,., 29 South, Rtltfgc 16 Cast. P/"o"Jc:
COUI'It)'. nv,"it1t4 .. hsJ- a_ Iff 0IffcIt1I ~Ha d. IheIt M2. p..- $27 .". Nitt, ",tIN
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P INEI.L.AI COUNT'!' F"L.A,
orr ,REe ,II( 10114 fiG 1211
LEGAL DESCRIPTION OF '1'B!: LAND ONDERLYING Tm!: GUAJU)
BOOSE AND ZN'l'RYW1Y PD.'1'URZ
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CONSENT
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SUNAMERlCA HOUSING FUND 720, a Nevada limited partnershfp, as owner and holder
ofa $9,000,000.00 Mortgage granted by THE GRAND BELLAGIO AT BA YWATCH LIMITED
PARTNERSHIP, a Floric!illimited partnr.rship, dated 1$ of September 9*, 1999 and filed of record
on September 231d, 1999 in OfficiaJ Recorcb Book 10668, at page 1859, of the Public Records of
Pinellas County, Florida, herein and hereby consents to the "Operating, Maintenance and Easement
Agreement" to which this Consent is appended.
Dated as of January .1..-, 2000.
SUNAMERICA HOUSING FUND 720,
A NEVAPA LIMITED PARTNERSHIP
~.
By: SUNAMERICA INC., a Delaware
corporation, General P~er
By, MiM
Vice President
STATE OF CALiFORNiA )
) S8.
COUNTY OF LOS ANGELES )
On -JanL-<..a ~ '7 , z.coo, before me, ~) n I'-. 'JoSh~f\ , a Notary
Public. personally ap ed Michael L. Fowler, personally own to me (~ t'lo'~ tv 11I0;;; VII dn;
oai;i of f..tiC!r<>('tQ~ evi8eMe) to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized ca~ity. and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
Witness my hand and official seal.
le-, -,- - ~~, ~':'J
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No Public
3496\510\559397,1
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PINtLLAS COUNTY r~R
Or~.RtC.8K IO?8~ ~a 12?~
CONSENT
SUNAMERICA HOUSING FVND 777, a Nevada limited parmenhip, as owner and hol4er
of a 57,200,000.00 Mortgage granted by mE GRAND VENEZIA AT BA YW A TCH LIMI1lD
P ARTNERSmP. a Florida limited partnership, dated u of September ~, 1999 and filed of record
on September 2~rd, 1999 in Official ~\rds Book 10668, at page 1934, oCtile Public Records of
Pinellas County, Florida, herein and hCiC:by consents to the "Operating, Maintenance and Easement
Agreement" to which this Consent is ~pended.
Dated as of January L 2000,
.
SUNAMERICA HOUSING FUND 777,
A NEVADA LIMITED PARrnERSHIP
By: SUNAMERICA INC., a Delaware
:~miO~
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Vice President
STATE OF CAJ-IFORNIA )
) SS,
COUNTY OF LOS ANGELES )
On J Z:.Ir\J..l7'~ ,~. before me. L~ln R ]"oShvA ,a Notary
Public, personally ap Michael L. Fowler, personally own to me (Sf Jlfe",'ed le me; on Ific
8fk9i.s of sati.sfac.tol') (;. itieJ'leC) to be the person whose name is subscribed to the within instnunent
and acknowled~ed to me that he executed the same in his aJJthorized capacit)', and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, execu~
the instrument.
Witness my hand and official seal.
~Yr'r. :< (r~,
No Public
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3496\510\559387.1
BEFORE THE CITY COUNCIL
OF THE CITY OF CLEARWATER, FLORIDA
IN RE: PROPOSED ORDINANCE PURSUANT )
TO SECTION 190.005(2), FLORIDA STATUTES, )
TO ESTABLISH THE CLEARWATER CAY )
COMMUNITY DEVELOPMENT DISTRICT )
)
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TESTIMONY OF T. Gardner Bavless III. P.E.
FOR CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
1. Please state your name and business address.
My name is T. Gardner Bayless III and my business address is 5300 West
Cypress, Suite 200, Tampa, Florida 33607.
2. By whom are you employed and in what capacity?
I am employed by PBS&J as a Professional Engineer.
3. How long have you been a Professional Engineer?
I have been a Professional Engineer since February 1990.
4. Please describe your duties as a Professional Engineer and with
PBS&J.
I am the Project Manager and Engineer of Record I have been in charge
of various residential and commercial projects, including the
redevelopment project within the proposed Clearwater Cay Community
Development District. In this role, I have managed a variety of
development projects from less than an acre to more than 100 acres in
size. In addition, I have managed design and permitting of many
municipal projects. As a Project Manager, I have been responsible for
developing cost estimates and budgets for owner financing and municipal
bond issues.
5. Please give your educational background, with degrees earned,
major areas of study and institutions attended.
I obtained a Bachelor's degree in Civil Engineering from the University of
South Florida in 1984 and a Master's degree in Civil Engineering in 1991.
6. Do you have any professional licenses, registrations, or
certifications?
~
Yes. I am a practicing Registered Professional Engineer, Florida # 42471.
7. Are you a member of any professional associations?
Yes, the National Society of Professional Engineers, The Florida
Engineering Society, The American Society of Civil Engineers and the
American Public Works Association.
8. Please summarize your previous experience as it relates to public
facility design and construction.
I have extensive experience in the design of roadways, related stormwater
management systems, sanitary sewer collection, and transmission
systems, potable water, reuse water systems (treated effluent) and similar
systems associated with public infrastructure design and construction I
have designed or supervised the design and permitting of many such
systems along the West Coast of Florida.
9. Have you been involved in any developments of the type and nature
contemplated within the Clearwater Cay Community Development
District (the "District")?
Yes. I have been involved in several developments which contain similar
necessary public infrastructure facilities utilizing my expertise in the
design, permitting and construction of similar systems.
10. Are you familiar with the Petition filed by DC703, LLC for the
establishment of the Clearwater Cay Community Development
District?
Yes, I am. My firm assisted the Petitioner with the preparation of cost
estimates and exhibits used in the Petition.
11. Are you generally familiar with the geographical area, type, and
scope of development and the available services and facilities in the
vicinity of the proposed District?
Yes, I am. My firm has been involved with the proposed CDD
development during which time I have made several field visits to the site
and have evaluated the portions of the infrastructure systems (i.e., roads,
surface water, water and sewer systems).
12. Did you prepare or have others prepare under your supervision, any
of the exhibits attached to the Petition?
Yes, I did.
~
13. Which exhibits did you prepare or have others prepare under your
supervision?
Exhibits A, 8, E, F, portions of Exhibit H and the detail costs that were the
basis for the exhibits attached to the Petition were prepared by my firm.
14. Do any of those exhibits require any change or correction? If so,
please specify the exhibit number, and the page and line number of
the change or correction?
Not to my knowledge.
15. Are Exhibits A, B, E, F and H to the Petition true and correct?
As they have been supplemented or substituted in the Petition as
previously described, they are to the best of my knowledge and belief true
and correct.
16. In general, what does Exhibits A, B, E, F and H to the Petition
demonstrate?
Exhibit A - is a Clearwater Cay Community Development District Survey.
Exhibit 8 - is a legal description of the land comprising the Clearwater
Cay Community Development District.
Exhibit E - are maps showing current major trunk water mains, sewer
interceptors and outfalls.
Exhibit F - is the Clearwater Cay Community Development District
Preliminary Infrastructure Cost Opinion.
Exhibit H - are maps (including Aerial, Water Park, Overall Master Plan,
Site Plan, Future Land Use, Zoning and narrative (by others))
17. What capital facilities are presently expected to be provided by the
District?
I presently expect the District to provide facilities and services which
include roadways, streets and associated surface water management
facilities, utilities, landscaping and entry features, and parking and
recreational facilities. A variety of recreational and waterfront
improvements will be constructed that include tennis/volleyball courts, a
water park, waterfront theater, fountains, flower garden, docks, wharfs and
promenades, bridges, pools, a gazebo, and landscaping. The road and
utilities are part of an access system to and through the District's land.
Landscaping improvements to the roadways are proposed to visually
integrate the constructed systems with the District's unique physical
features.
18. In your professional opinion, are the construction cost estimates for
the proposed facilities for the District reasonable?
Yes.
19. Based upon your training and experience as a professional engineer,
do you have an opinion as to whether the proposed District is of
sufficient size, sufficient compactness, and sufficient contiguity to
be developable as a functional interrelated community?
Yes. The proposed District is of sufficient size, compactness and
contiguity to be developed as a functional interrelated community.
20. What is the basis for your opinion?
The District has an identifiable need for specific public infrastructure
improvements. The planned infrastructure is an interconnected segment
of the regions services (roads and utilities), which combine to create a
contiguous, homogenous and effevtive method of providing access and
services to the lands within the District.
21. Do you have an opinion as a professional engineer as to whether the
services and facilities to be provided by the proposed District will be
compatible with the capacities and uses of existing local and
regional community facilities and services?
Yes. It is my opinion that the services and facilities to be provided by the
District are compatible with the capacities and uses of existing local and
regional community facilities, and with those proposed to be provided by
the District.
22. What is the basis for your opinion?
It is my opinion that the services and facilities to be provided by the
proposed District are not currently provided. Furthermore, the services
and facilities to be provided by the proposed District will not be duplicative.
The District has specific infrastructure needs and the planned services
and facilities primarily provide for new development within the District and
will not be duplicative or inefficient.
23. As a professional engineer, do you have an opinion as to whether
the proposed District is among the best alternatives to provide
community development services and facilities to the areas that will
be served?
Yes, I do.
24. What is your opinion?
The community development district approach is among the best
alternatives for providing necessary community development services and
facilities to the area to be served within the proposed district.
25. What is the basis for your opinion?
The District may contract for professional technical staff capable of
overseeing the design, permitting and construction of necessary capital
improvements for development of the area.
26. Does that conclude your testimony?
Yes.
FURTHER YOUR AFFIANT SAITH NOT.
~~4 L5~rr
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STATE OF FLOR DA /
COUNTY OF /I/.j 6(Rc [Lf /J
Sworn to (or affirmed) and
.f~j"'rc.-~ Pc./' ,2005, by Mr. '
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sUb~re me thi~ J day of
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Signature of Notary Public
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Print Notary Name
My Commission Expires: 1/ /6'- /}g
Commission No.: })D::r,~,,:: '//
1J Personally known, or
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Type of Identification Produced
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BEFORE THE CITY COUNCIL
OF THE CITY OF CLEARWATER, FLORIDA
IN RE: PROPOSED ORDINANCE PURSUANT )
TO SECTION 190.005(2), FLORIDA STATUTES, )
TO ESTABLISH THE CLEARWATER CAY )
COMMUNITY DEVELOPMENT DISTRICT )
)
R[:8.1
Cc ;V\ icr C, -61 05"'
11d",dclV"--
TESTIMONY OF FRED DAVIS CLARK
FOR CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
1. Please state your name and business address.
My name is Fred Davis Clark. My business address is 2704 Via Murano,
Clearwater, Florida 33764.
2. By whom are you employed and in what capacity?
I am the Manager of DC701, LLC, which is the Manager of DC703, LLC, which is
the owner and successor developer of the Grand Venezia at Baywatch
Condominium Project, and own or have under contract the commercial and office
properties within the proposed District.
3. How long have you held that position?
I have held this position for over one year.
4. Briefly summarize your duties and responsibilities.
In my current capacity, I oversee all aspects of land development operations in
Florida. I also am in charge of Florida daily operations including financial issues,
legal issues, government relations and administrative responsibilities.
5. What positions did you hold prior to your present position?
From 1987 to 2004, I was in charge of all development operations for the Rosen
Development Group throughout Florida. The Rosen Development Group dates
back to 1908. A history of the Rosen Development Group and EarthMark
Companies is attached as Exhibit "A". For my last two years at Rosen, I was
president of EarthMark Companies. From 1982 to 1987, I was involved in real
estate development within the State of Florida. From 1979 to 1982, I served as an
accountant for Ernst & Ernst.
6. Briefly describe your educational background.
Page 1 of 8
I earned a Bachelor of Science in Accounting from the University of Central Florida
in 1979.
7. Who is the Petitioner in this proceeding?
The Petitioner is DC703, LLC, a Florida limited liability company.
8. Are you familiar with the Petition filed by DC703, LLC seeking the
establishment of a community development district?
Yes. I assisted in the formulation of the Petition and accompanying documents, and
met with members of the consultant team we hired to prepare the filing. I also
reviewed the Petition and accompanying documents prior to their filing.
9. What is the propo~ed name of the District?
The Clearwater Cay Community Development District.
10. Have you reviewed the contests of the Petition and approved its findings?
Yes, I have.
11. Are there any changes or corrections to the Petition at this time?
No.
12. Are there any changes or corrections to any of the documents attached to the
Petition at this time?
No.
13. Please generally describe each of the documents attached to the Petition.
Exhibit A is a Clearwater Cay Club Community Development District survey.
Exhibit B is a legal description of the land comprising the Clearwater Cay Club
Community Development District.
Exhibit C is the Clearwater Cay Club Community Development District consent of
land owners.
Exhibit D is a list of the Clearwater Cay Club Community Development District
Board of Supervisors.
Exhibit E are maps showing current major trunk water mains, sewer interceptors
Page 2 of 8
and outfalls.
Exhibit F is the Clearwater Cay Club Community Development District
Preliminary Infrastructure Cost Opinion.
Exhibit G is the Statement of Estimated Regulatory Costs (SERC).
Exhibit H are maps (including Aerial, Water Park, Overall Master Plan, Site Plan,
Future Land Use, Zoning and narrative).
Exhibit I is an Authorization of Agent - W. Scott Callahan, Esquire and Thomas A.
Cloud, Esquire.
14. Were these documents attached to the Petition prepared by you or under your
supervision?
Yes.
15. To the best of your knowledge, is the survey identified as Exhibit A to the
Petition a true and accurate depiction of the general location of the proposed
District?
Yes.
16. To the best of your knowledge, is the written legal description included in
Exhibit B to the Petition, a true and accurate recitation of the land area to be
included within the proposed District?
Yes.
17. To the best of your knowledge, is Exhibit C to the Petition a true and accurate
copy of the Consent and Joinder obtained from the owner of one hundred
percent (100%) of the lands to be included within the proposed District in
accordance with Section 190.005, Florida Statutes?
Yes, it is.
18. To the best of your knowledge, is Exhibit H to the Petition an accurate
depiction of the future land uses within and around the boundaries of the
proposed District?
Yes.
19. To the best of your knowledge, does Exhibit E show the current major trunk
water mains and sewer interceptors within and around the boundaries of the
proposed District?
page 3 of 8
Yes.
20. To the best of your knowledge, is Exhibit H to the Petition a true and accurate
depiction of the development plan for the lands to be included within the
District?
Yes, it is.
21. To the best of your knowledge, is Exhibit F to the Petition a true and accurate
recitation of the facilities and services presently expected to be provided
within the proposed District and the expected cost of the proposed
improvements?
Yes.
22. To the best of your knowledge, is Exhibit H to the Petition a true and correct
copy of an aerial photograph of the area in and around the proposed District?
Yes, it is.
23. Therefore, are the contents of the Petition and the documents attached to it
true and correct to the best of your knowledge?
Yes.
24. Are you familiar with the area that is proposed to be included in the District?
Yes, I am familiar with the general area and the site specifically.
25. Approximately how large is the proposed District in acres?
The proposed District is located entirely within the limits of Clearwater, Florida, and
covers approximately 49.37 acres.
26. What steps were taken with respect to filing the Petition with the City Council
of the City of Clearwater, Florida?
On March 4, 2005, the Petitioner formally filed (1) original and ten (10) copies of a
Petition with exhibits with the City Attorney. Following two meetings with City staff,
the Petitioner filed a Supplemental Petition plus exhibits with the City Attorney. This
filing took place on June 17, 2005.
27. Has notice of the hearing been provided in accordance with Section 190.005,
Florida Statutes?
Page 4 of 8
Yes. The Petitioner arranged for newspaper notice of the hearing scheduled by the
City Council to be published in The Sf. Pete Times. A hearing was originally noticed
for September 1, 2005 at 6:00 PM at the City Council Chambers at the City of
Clearwater City Hall, 112 S. Osceola Avenue, Clearwater, Florida 33758. Notice
provided by the Petitioner is compliant with the requirements of Florida law.
28. And do you have proof of publication of those notices?
At the time this testimony is pre-filed, I do not yet have the proofs of publication from
The Sf. Pete Times. I will have that documentation available at the September 15,
2005 public hearing.
29. Is The St. Pete Times a newspaper of general circulation in Clearwater,
Florida?
Yes, it is.
30. Who are the five persons designated in the Petition to serve as the initial
Board of Supervisors?
The five persons are Darcy Edwards, Gary Schwarz, David Schwarz, Cristal
Coleman and Fred Clark, Sr.
31. Do you know each of these persons personally?
Yes, I do.
32. Are each of the persons designated to serve as the initial Board of
Supervisors residents of the State of Florida and citizens of the United States?
Yes, they are.
33. Are there residential units planned for development within the proposed
District?
Yes. There are 336 apartment units (converted to condominiums) or 24.08 acres
known as the Via Venezia. The remaining proposed program is listed in Exhibit "H"
but is subject to review and discretionary approval of the City of Clearwater which
has not yet been granted.
34. If the City Council in its discretion approves this Supplemental Petition to
create the District, does this affect land use or zoning on the property?
Absolutely not. The land use and zoning on the property is still subject to all City
land development codes and regulations. Chapter 190 specifically recognizes that
creation of the District has no effect on land use and zoning.
Page 5 of 8
35. Are there residents currently living within the areas to be included within the
District, and, if so, have they been notified about the creation of the District?
Yes. All residents have consented to creation of the District.
36. Would you please describe the proposed timetable for development of land
within the proposed District?
The proposed timetable for the construction of infrastructure to develop the land is
expected to occur during the period running from 2006 to 2010.
37. Would you generally describe the services and facilities you currently expect
the proposed District to provide?
The Petitioner presently intends for the District to participate in acquisition or
construction of certain roads and miscellaneous traffic improvements, certain water
and sewer facilities, certain water park and stormwater improvements as described
in Exhibit "F" of the Supplemental Petition, park, landscaping, security and parking
facilities. Capital costs of these improvements will be borne by the District. The
Petitioner's good faith expectation of the costs associated with the acquisition or
construction of such improvements is itemized in Exhibit "F" of the Supplemental
Petition. The District has agreed to enter into a written agreement with the City to
define those facilities which the City wants to own (if any) and those facilities which
the District shall own, operate, and maintain.
38. In general, what financing methods does the Petitioner propose for the
proposed District to pay for the anticipated facilities and services?
The Petitioner presently expects that the District will finance certain services and
improvements through the issuance of tax exempt bonds. The debt issued by the
proposed District is expected to be retired by "non-ad valorem" or "special"
assessments on benefited property within the proposed District. Ongoing
maintenance and operational activities are expected to be funded by maintenance
assessments. At present, the Petitioner expects to have the District issue one long
term bond issue that will pay a portion of the cost of these facilities. Any facilities
not financed with the bond issue will be funded by the developer and conventional
bank financing. Under no circumstances will the District be used to finance the
construction or maintenance of a golf course within the development.
39. Who will be responsible for paying the proposed District's assessments?
Only those property owners within the proposed District will be responsible for
paying District assessments. We do not expect the proposed District to issue
general obligation debt which pledges its full faith and credit.
Page 6 of 8
40. Will these proposed District debts be an obligation of the City of Clearwater or
the State of Florida?
No. Florida law provides that community development district debt cannot become
the obligation of a county, a city, or the state without the consent of that
government.
41. Why is DC703, LLC seeking to have a community development district
established for this area?
I have been involved in the redevelopment and revitalization of coastal commercial
properties in Florida for almost 30 years. Some properties not directly located on
the beach present unique challenges to redevelopment, and the commercial lands
within the proposed District are one of those properties. To redevelop the existing
abandoned commercial property, counteract the negative market impacts projected
to occur when the adjacent segment of US Highway 19 is elevated, and to better
utilize the potential functional relationship between the properties to be located in
the District and other adjacent properties, it is necessary to construct expensive
water-activity based improvements for which long-term traditional commercial debt
is not readily available. Use of a District will provide this long-term debt. Based on
information provided by the Department of Community Affairs, there are more than
120 active CDDs in Florida. CDDs are an efficient, effective way to provide
infrastructure and have become accepted in the marketplace of homebuyers.
From our perspective, the establishment of a CDD is logical for this project. It is a
long-term, stable, financially-secure entity. The District is a structured, somewhat
formal entity, with the legal ability to respond to future changes in the circumstances
and desires of its residents. Under Florida law, the District has access to the county
tax collection mechanisms which helps ensure that the facilities will be maintained.
In that sense, to us, it is preferable to a property owners' association.
In addition, the CDD has the financial capability to assist in the provision of
necessary capital improvements sooner than might otherwise be the case. The City
of Clearwater, developers, builders and residents will all benefit from these
improvements in terms of access, traffic flow, safety, and general property
enhancement.
42. Do you have experience in providing notice to property purchasers of special
district assessments in other developments?
Yes, it is vital to the integrity of the special district process to put property
purchasers on notice of the existence of the district and future special assessments.
I am including copies of a contract and a special notice given each purchaser for
the Clearwater Cay Community Development District as Exhibits "B" and "C" of
my prefiled testimony. The CDD notice provision in the contract is set forth above
the Buyer's signature block on contract as statutorily required.
Page 7 of 8
43. Does this conclude your testimony?
Yes.
FURTHER YOUR AFFIANT SAITH NOT. ~_
Fred Davis Clark
STATE OF FLORIDA
COUNTY OF ~n("',r-n?
Sworn to (or affirmed) and subscribed before me this ~ '-
h\)~\')~ ,2005, by Mr. Fred Davis Clark.
~~~ f), , ~~)~
Sign ure of Notary Public
~~~ ~ ~O\'~k
Print Notary Name
My Commission Expires: ~ -~~"7
Commission No.: ~~ .-:;i,-. <f~.
~ersonally known, or
o Produced Identification
Type of Identification Produced
AFFIX NOTARY STAMP
'""-,,J.'-..olI'
~"~~~~II'~",,, DEBORAH A. SMiTH 1-,.
!m"'\ Notary Public - State of Florida
S' . ~ My Commission Expires Sep 30, 2005
~~ ltt" Commission # DD056559
"4.,'if.f.'i,"" Bond~t By Nalional Notary Assn.
v:, oi<'''''~''':.';'~\;-~':.'~':'''''~.i.'7"'''''~''7;(I~~~
# 419749 vI
Page 8 of 8
day of
EXIDBIT "A"
[A history of the Rosen Development Group and Earthmark Companies]
Earthmark Companies
eEarthM~rk
_ companIes
Page l'of2
HOtllE trill, llOARD r EXECUTI\l:; MIlNt\CEI~;::NT I IiISTCRY I CEIJElCI'I.'l:NTS t ENVI;,:cm"fUTAL ImTIAT''1I:~ I flf(.II.NtlAll co.,,...!:! us !
Isadore Rosen
Philip Rosen
Michael E. Rosen
EarthMark Companies, a real estate and environmental
development company, is a consolidation of third and fourth
generation real estate and business professionals wIth more than 200
years of combined successes.
'In 1908, Isadore Rosen arrived from what Is now lithuania and was
soon laying cobblestone pclVers on the streets of lower Manhattan. 11'1
1919, at the age of 23, he started his own masonry contracting
company. Over the years, it grew to become the largest in New York
. City.
In 1946, Isadore's son, Philip, joined the family business, which
became known as Isadore Rosen and Sons. With Philip at the helm,
the firm expanded its operations to include not only masonry
'contracting but also the building of apartment houses for their own
account. OVer the years, Isadore R.osen and Sons bufltover 37,000
residentIal units.
In 1980, Philip's son, Mlchl;lel, entered the business and soon after
teamed with Dave Clark, creating the Rosen Development Group
(RDG). Under their direction, the company's emphasis shifted to the
building and development of det!'tched and attached single-family
homes and lots in the: New York Metropolitan area and throughout
Florida. In the mid-90's RDG recognized the importance of
environmenta I restoration and protection and joined the fledg ling
MItigation Banking Industry with the development of the highly
successful Big Cypress Mittga,tlon Bank.
To dater the combined companies have built and/or developed more
than 42,000 residential units, 4,000 single family lots and currently
haVE! over 3,000 homesltes approved for development by EarthMark.
Tile company':; MitIgation Banks, on both the east and west coast of
Florida, have over 1,600 credits. approved for sale and another 2,000
soon to be approved.
The vision, dedication and hard work invested over the last "Century Js
paying off as we enter the new century and dedication to excellence is
the. connecting link. The fUbJre successes of EarthMark will result from
this family tradition of hard work, proven experience, formidable
partnering and creative, forward vision.
http://\vww.earthmarkuslhistory.htm
, EXHIBIT
:;:
l A
...
I
..
1/23/2004
Earthm,ark Companies
Pag~ 2 of2
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Dave Clark
1280(1 UnlversllY Or.. Salte 400
FDrU.!)'MS. Fl.33B07
Ph 239-41 H?OO . f'ax 239-415-8211
http://www.earthmark.uslhistory.htm
1123/2004
EXHIBIT "B"
[Revised Purchase Contract]
THE GRAND VENEZIA AT BA YW A TCH, A CONDOMINIUM
RESIDENCE PURCHASE CONTRACT
Purchaser( s)
Purchaser's Marital Status for Title (single, married. husband & wife):
Residence (Unit)#
Purchaser SS # FEI #
Purchaser Address:
Purchaser Phone:
THIS RESIDENCE PURCHASE CONTRACT (this "Contract") is made and entered into on the
date this Contract is signed by Seller "Effective Date," as such term is defined in Section 38 below, by
and between DC703, LLC, a Florida limited liability company, as Developer ("Seller"), and the above
named person(s) ("Purchaser").
WITNESSETH:
Seller agrees to sell and Purchaser agrees to purchase, upon the following terms and conditions,
condominium Unit # (the "Unit") in The Grand Venezia at Baywatch, a Condominium (the
"Condominium"), pursuant to the Declaration of Condominium for The Grand Venezia at Baywatch, a
Condominium, tec::or~e~ itl,th~P\lblic, ~~c()~ds ()f.Pitlell~CollntYJ, I<lori~a" ()tticiaI ~~c()rds,13,oo,k, I 4:03~.__
Pages 1368-1486, including all amendments and/or restatements recorded thereafter (the "Condominium
Declaration"), for the purchase price and on the other terms and conditions set forth in this Contract. The
Condominium is part of a larger development known as "Clearwater Cay" which is more particularly
described in Exhibit "A" attached to the Declaration of Covenants, Conditions and Restrictions for
Clearwater Cay Community (the "Master Declaration"), and is also subject to the Declaration of
Covenants, Conditions and Restrictions for The Grand Venezia at Baywatch (the "Resort Declaration").
ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE
REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS,
REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A
DEVELOPER TO A PURCHASER OR LESSEE.
I, PURCHASE PRICE:
The total purchase price ("Purchase Price") for the Unit is $ , and is
exclusive of any closing costs as described in Section 6 hereof and elsewhere herein (collectively, the
"Closing Costs").
Purchaser shall make the following payments:
The Purchase Price is payable in U.S. Dollars as follows:
$
Deposit due upon signing of this Contract by Purchaser (which shall include any
Reservation Deposit previously made by Purchaser);
Purchaser's Initials
tDele~ed: to be_______._.J
$
The balance of the Purchase Price at the "Closing," as such term is defined in
Section 2 below, by cash, cashier's check or wire transfer of funds (subject to
adjustments and prorations described in this Contract).
Make all deposit checks payable to: Stump, Storey, Callahan, Dietrich & Spears, P.A. Trust Account, and
mail or deliver to 37 N. Orange Avenue, Suite 200, Orlando, Florida, 32801; TEL: (407) 425-2571; FAX:
(407) 425-0827. Deposit checks are accepted subject to collection.
In addition to the Purchase Price, Purchaser shall also be required to pay the amounts described in
Section 3 and Section 6 below and the amounts referenced on Exhibits "A," "8," and "D" attached hereto
and incorporated herein by this reference.
Seller has retained Stump, Storey, Callahan, Dietrich & Spears, P .A., 37 N. Orange A venue, Suite
200, Orlando, Florida, 32801; TEL: (407) 425-2571; FAX: (407) 425-2571, to act as Escrow Agent (the
"Escrow Agent") as required by Section 718.202, Florida Statutes. Purchaser will be given a receipt for
deposits by the Escrow Agent, if requested.
THIS CONTRACT IS NOT CONDITIONED UPON PURCHASER SECURING FINANCING.
2. CLOSING AND POSSESSION DATE:
A. The Closing shall be at the location designated by Seller in written notification to Purchaser.
B. Seller shall deliver possession of the Unit to Purchaser at the Closing.
C. The Closing shall take place on or before
D. Seller, as to the Closing and documents to be delivered at the Closing, will have no obligation
to any third parties (i.e., lenders or title insurance providers) and will be under no obligation to deal with
any person or firm other than Purchaser and Purchaser's attorney.
3. USE OF STUMP, STOREY. CALLAHAN. DIETRICH. & SPEARS. P.A.:
A. Stump, Storey, Callahan, Dietrich & Spears, P.A. ("Stump") shall act as the title insurance
agent and closing agent in connection with this transaction.
B. Seller shall cause Stump to deliver to Purchaser, either ten (10) days prior to the Closing, or at
the Closing, if the Closing takes place within ten (10) days of the execution by Seller of this Contract, a
title insurance commitment issued by Chicago Title Insurance Company (the "Commitment") agreeing to
issue to Purchaser, upon recording of the Deed to Purchaser, an owner's policy of title insurance in the
amount of the Purchase Price, insuring Purchaser's title to the Unit, subject only to the "Permitted
Exceptions," as such term is defined below, provided, however, the Commitment and related owner's
policy of title insurance shall not insure Purchaser's interest in any limited common element(s)
appurtenant to the Unit, if any.
C. If Purchaser notifies Seller tl1at ,P,urcl1a,ser,ele,cts ,to have ,all,o\V11er'~, title, in,surlincecoullllitrI1eIll,.....
and policy provided by an attorney or a title insurance agency other than Stump, Purchaser shall pay to
Stump a closing coordination fee an amount equal to FIVE HUNDRED and No/IOO DOLLARS
($500.00) in consideration of administrative expenses incurred by Stump in connection with the
coordination of the closing with Title Agent.
- 2-
Purchaser's Initials
1 Deleted: less than thirty (30) days prior
L!.o the Closing
TITLE OBJECTIONS:
Purchaser shall give Seller written notice specifically detailing any title objections (the "Notice of
Objections") upon the earlier of ten (10) days prior to the Closing or ten (10) days after receipt of the
Commitment. If the Notice of Objections is not received by Seller within the time provided, Purchaser
shall be deemed to have waived the right to raise title objections. Seller shall have ninety (90) days from
the date Seller receives the Notice of Objections to correct the title objections raised or to otherwise
respond to Purchaser in the event Seller determines that (a) no title objection exists or (b) Seller cannot, or
elects not to, correct the title objections, in Seller's sole and absolute discretion. If Seller cannot, or elects
not to, cure the title objections raised in the Notice of Objections within the subject ninety (90) day
period, Purchaser shall elect one of the following two options by written notice to Seller within ten (10)
days after delivery to Purchaser of written notice from Seller of Seller's intention not to cure the title
objection:
(a) Purchaser can accept title to the Unit in the condition offered by Seller without reduction
of the Purchase Price, thereby waiving all objections and any claims against Seller with
respect to the objectionable title objection(s); or
(b) Purchaser can cancel this Contract and, in full settlement of all claims against Seller
resulting from this Contract, receive a full refund of the deposit(s) actually paid by
Purchaser. If Purchaser cancels this Contract and receives a refund of the deposit(s)
actually paid by Purchaser, Purchaser shall not thereafter have any rights to make any
additional claims against Seller and this Contract shall no longer have any force or effect.
In the event Purchaser does not notify Seller in writing within ten (10) days from the
receipt of Seller's notice (time being strictly of the essence) as to which option Purchaser
elects, Purchaser shall be conclusively presumed to have elected the option provided in
this Section 4(b ).
4. CLOSING:
A. Seller shall convey marketable and insurable title to the Unit, but not to any limited common"
element(s) appurtenant to the Unit, if any, to Purchaser at the Closing by delivery to Purchaser of a
special warranty deed (the "Deed") describing the Unit. The Deed shall convey title to the Unit to
Purchaser subject to the title exceptions set forth on Exhibit "F" attached hereto (collectively, the
"Permitted Exceptions"),
It is Purchaser's responsibility to review and become familiar with each of the foregoing title
matters, some of which are covenants running with the land.
B. Any matters relating to the Permitted Exceptions omitted from the Deed shall nevertheless be
deemed to be included in the Deed. Purchaser understands and agrees that the terms of the immediately
preceding sentence shall survive the Closing of the transaction contemplated herein. Seller shall deliver
the Deed to Purchaser at the Closing of the transaction contemplated in this Contract, which Deed shall be
free and clear of all monetary liens and encumbrances, except as otherwise noted herein. The acceptance
of the Deed by Purchaser shall be deemed to be full performance and discharge of every agreement and
obligation on the part of Seller to be performed pursuant to this Contract, except those which are herein
specifically deemed to survive the Closing of the transaction contemplated herein or which may survive
by operation of law (if any).
- 3 -
Purchaser's Initials
,
., l Fonnatted: Indent: Left: 0.13"
C. Seller shall provide an affidavit complying with the Foreign Investment in Real Property Tax
Act of 1980, as amended.
5. CLOSING COSTS, OTHER CHARGES AND PRORA nONS (OTHER THAN TITLE
RELATED CHARGES):
Any and all amounts listed in the condominium documents that yOU will pay to the Condominium+'
Association. Resort Lot Owner. Master Association or CDD are subiect to chanl!:e in the future. It
is very likely that chanl!:es will occur and the amounts will increase. especially as a result of the rise
in insurance premiums. and these increases will be beyond the reasonable control of Seller. You are
advised to include the potential increases in these amounts in your decision to purchase.
....,{ Formatted: Indent: First Ii~~"l
A--At the Closing of the transaction contemplated herein, Purchaser agrees to pay to Seller the+'
balance of the Purchase Price and any additional amounts Purchaser owes under this Contract by cash,
wire transfer or by cashier's check. Official checks, bank checks and/or personal checks will not be
accepted. PURCHASER UNDERSTANDS AND AGREES THAT IN ADDITION TO THE BALANCE
OF THE PURCHASE PRICE, PURCHASER AGREES TO PAY CERTAIN OTHER FEES AND
"CLOSING COSTS" AT THE CLOSING. These extra charges include, but not limited to. the followin!!.(..
'-------.'=:J
' , , , 'i Formatted: Standard_L2
'-----------..-----..---
r..-...-.......................--..-........................................]
i Deleted: without limitation
L ______._
(a) Except as provided in Section 3.A. and Section 3.B. hereof, the premium for a policy of
lender's title insurance, if any; one-time initial capital contribution to the Master
Association; prorated ,J11l)nthJv~ ,Ille,nlb,ershj{) }e~, ()f the,rvIaste,r, }\,sso.<:iatioIl1, ,one:tiIlle,..... . { Deleted: quarterly
initial capital contribution to the Condominium Association, prorated .[1.1ontl~ [Yn '. " t Deleted: assessments
maintenance of the Condominium Association (including assessments for the Shared . J
"1 Deleted: quarterly assessment
Facilities Expenses, Basic Resort Services Expenses and Club Lot Facilities Expenses,
which are assessed by Resort Lot Owner, but payable to the Condominium Association);~,.,," {Deleted: prorated monthly Club Fees;
recording fee for certificate of approval; title search fees; settlement fee; signing agent
fee. recording fee for the Deed; documentary stamps for the Deed; and ad valorem real
property taxes, subject to proration in accordance with the terms of Section 6(i) hereof.
(b) Closing costs associated with the loan, which may vary from lender to lender, and an
estimate of which will be provided by, or on behalf of, the lender to whom Purchaser
submits an application for a loan.
(c) AIl additional costs respecting the Unit imposed by any governmental authority.
(d) The cost of any obligations Purchaser incurs not provided for in this Contract.
(e) Governmental liens (liens which can be paid pursuant to written notice) which have been
certified as of the date of the Closing, if any, shaIl be assumed and paid by SeIler;
pending and proposed governmental improvement liens, taxes and/or assessments (for
public improvements or otherwise) shaIl be paid and assumed by Purchaser; provided,
however, to the extent that such items may be paid in instaIlments, Purchaser shaIl be
responsible for all such instaIlments (or portions thereot) which are attributable to the
date from and after the Closing.
(t) Any other expenses of an owner of real property governed by and subject to the Master
Declaration and/or the Condominium Declaration. .
(g) Amounts reflected in Exhibits "A," "B," and "D" attached hereto and incorporated
herein by this reference.
-4-
Purchaser's Initials
(h) Current expenses of the Unit (for example: taxes, special assessments and current
monthly assessments to the Master Association and Condominium Association (including
those of the Resort Lot Owner payable to the Condominium Association) will be adjusted
between Seller and Purchaser as of the original Closing date, except for when Seller
requires a delay in the Closing date, in which case the adjustments and prorations will be
as of the new Closing date. Purchaser shall reimburse Seller for any prepaid expenses of
the Unit, such as utility deposits, insurance premiums, local interim service fees, cable
fees, assessments and capital contributions made to the Master Association or
Condominium Association, paid by Seller in advance and/or for the month of the
Closing.
(i)
If the real estate ad valorem property taxes or real estate non-ad valorem special
assessments lawfully levied and imposed by any and all local governments, general
purpose or special purpose, to which the Unit is subject for the year of the Closing are
assessed in the aggregate on the land comprising the portion of Clearwater Cay
Community, including the Unit, rather than on a unit-by-unit basis, Seller will pay such
taxes in full when due, but Purchaser will reimburse Seller at the Closing for Purchaser's
pro rata share of such taxes from the date of the Closing through the end of the then
current tax year (if such taxes are then known) or the Unit's allocable share (so prorated)
of Seller's estimate of those taxes based on the tax bill for the prior year or Seller's
estimate of taxes (if such taxes are not then known), subject to readjustment at either the
request of Seller or Purchaser within six (6) months from when the actual tax bill is
known. If taxes for the year of the Closing are assessed on a unit-by-unit basis but such
taxes are not yet due on the date of the Closing, Purchaser will be responsible for paying
such tax bill in full when due, but Seller will reimburse Purchaser at the Closing for
Seller's pro rata share of such taxes (if the taxes are then known) or Seller's estimate of
those taxes (if such taxes are not then known) through the date of the Closing, subject to
readjustment at either the request of Seller or Purchaser within six (6) months from when
the actual bill is known. If the Closing takes place after Seller has paid the taxes for the
year of the Closing, Purchaser will reimburse Seller at the Closing for Purchaser's pro
rata share of those taxes from the date of the Closing through the end of the current tax
year.
(j)
(k)
One-time Initial Contribution to Clearwater Cay Club of..$.15.OW.,OO.
A fair and reasonable developer fee in the amount of _
payable to Seller. Purchaser acknowledges that this fee is not for closing services.
Rather it is a fee due to Seller that will result in additional profit to Seller.
6.
.C()Ns:rl~lJC'rIOJ:'i:
A. Purchaser acknowledges that Seller has made available to Purchaser in the sales office for the
Condominium plans and specifications for the Unit and the improvements comprising the common
elements of the Condominium (the "Plans and Specifications").
B. Except as provided in Section 21 below, for reasons of safety and of requirements under
policies of insurance held by Seller, neither Purchaser nor any agent of Purchaser shall enter the Unit or
the Condominium until after Purchaser has closed the purchase of the Unit in accordance with the terms
hereof and taken possession of the Unit, whereupon Purchaser's rights shall be as set forth in the
"Condominium Documents," as such term is defined in Section 23 below. Purchaser agrees hereby to
abide by such restriction and not to enter upon, nor interfere in any way with the Seller or any other
- 5 -
Purchaser's Initials
r----..-....----.-.--..
1 Deleted: $
,
_=:~==J
__"e-
- ----'---"-'-.m--1
Deleted: one percent (1%) of the
\ Purchase Price ,
Deleted: 1 J
1 " ____ m
Formatted: Bullets and Numbering J
portion of the Condominium. Purchaser may not order any work on the Unit until after the Closing, other
than options or extras that Seller agrees in writing to provide.
7. ACCEPTANCE OF UNIT: AS IS CONDITION.
Purchaser agrees to accept the Unit in "AS IS" condition.
8. DEFAULT AND REMEDIES:
A. In the event Purchaser fails to close the transaction contemplated herein in the time established,
for reasons other than Seller's default or delay, and Seller agrees to extend the Closing in writing in
accordance with this Section 9.A., Purchaser shall, if Seller is still willing to close, be required to pay
interest on the Purchase Price equal to the highest rate of interest per annum permitted to be charged by
applicable prevailing law (such rate currently being eighteen (18%) percent per annum) from the date on
which the Closing was originally scheduled, to and including the date on which the Closing actually
occurs. Further, all prorations shall be made as of the date Closing was originally scheduled. Nothing in
this Contract, however, shall require Seller to extend the Closing beyond the time set forth in this
Contract or prevent Seller from treating Purchaser as being in default if Purchaser fails to close within
that time, and Seller shall only be deemed to have agreed to extend the Closing if Seller does so in
writing.
B. Should Purchaser fail to make any of the payments herein above scheduled, or fail or refuse to
execute the instruments required to close the transaction contemplated herein (including failure to
promptly execute and file mortgage loan application documents, and all mortgage loan and real estate
Closing documents and to comply with the requirements of the mortgage lender, including providing any
and all information as requested) or refuse to pay any costs or the sum required by this Contract, or
otherwise defaults hereunder, and shall fail to correct such default within five (5) days after Seller has
given Purchaser a written notice of such default, then Seller may declare this Contract terminated and
retain all deposits paid by Purchaser as liquidated and agreed-upon damages which Seller shall have
sustained and suffered as a result of Purchaser's default, and thereupon the parties hereto will be released
and relieved from all obligations hereunder. These provisions for liquidated and agreed-upon damages
are bona fide provisions for such and are not a penalty, the parties understanding that by reason of the
withdrawal of the Unit from sale to the general public at a time when other parties would be interested in
purchasing the Unit, Seller will have sustained damages if Purchaser defaults, which damages will be
substantial and would be extremely difficult or impossible to determine with mathematical precision.
Therefore, Seller and Purchaser have agreed that, by signing this Contract, the parties acknowledge that
the deposit(s) paid and agreed to be paid by Purchaser, with all accrued interest thereon, is (are) agreed
upon, after negotiation, as the parties' reasonable estimate of Seller's liquidated damages in the event of a
breach of this Contract by Purchaser.
C. If Seller defaults in the performance of this Contract, nothing contained herein shall be deemed
to restrict Purchaser's remedies if Purchaser shall be entitled to such remedies under applicable law,
including the right to seek specific performance.
9. PROPERTY TAX DISCLOSURE.
Pursuant to Section 689.261, Florida Statutes, Seller is required to provide each prospective
purchaser of residential property within the Community a Property Tax Disclosure Summary at or before such
prospective purchaser executes a Contract to purchase a Home in the Community. The Property Tax Disclosure
Summary for the Community is incorporated into this Contract by this reference. Purchaser should not execute
this Contract until Purchaser has received and read the Property Tax Disclosure Summary. In that regard,
- 6-
Purchaser's Initials
Purchaser acknowledges that Purchaser has received and read the Property Disclosure Summary for the
Community before executing this Contract.
10. ASSIGNMENT:
This Contract is not assignable by Purchaser, except to Purchaser's spouse, individually or jointly
with Purchaser, Purchaser's family trust, existing or to be created and of which the Purchaser or
Purchaser's spouse is the primary beneficiary, or to any business entity organized under the laws of the
State of Florida or any other state and authorized to do business in the State of Florida in which the
Purchaser or Purchaser's spouse owns at least a fifty percent (50%) controlling interest. A transfer or
conveyance of such controlling interest may, at Seller's election, constitute a material breach of this
Contract by Purchaser. In the event of any other assignment by Purchaser, Seller shall be under no
obligation to complete the transaction contemplated hereby or any portion thereof with said assignee, but
in fact may treat such action by Purchaser as a breach of this Contract. Seller, in Seller's sole and
absolute discretion, may assign its rights under this Contract. If Purchaser dies or in any way loses
control of Purchaser's affairs, this Contract will bind Purchaser's heirs and legal representatives. If
Purchaser has received Seller's written consent to assign or transfer this Contract, then Purchaser's
approved assignees shall be bound by the terms hereof. However, Purchaser shall not be relieved of its
obligations under this Contract.
II. DEPOSITS; ALTERNATIVE ASSURANCES:
All deposits shall be held (subject to the right of Seller to provide "Alternative Assurances" as set
forth below) and disbursed by the Escrow Agent pursuant to the terms of this Contract and the terms of an
Escrow Agreement between Escrow Agent and Seller dated , which Escrow Agreement is
incorporated herein by reference. Deposits by Purchaser comprising the first ten percent (10%) of the
aforestated Purchase Price for the Unit may be placed in a non-interest bearing account with a depository
institution. Seller intends to make an "Alternative Assurances" filing with the Division of Florida Land
Sales, Condominiums and Mobile Homes. This filing, upon approval, wiII permit Seller to substitute a
Surety Bond for Purchaser's initial ten percent (10%) deposit moneys held by the Escrow Agent,
withdraw such funds from the account maintained by the Escrow Agent into which such funds were
deposited and maintained by the Escrow Agent and to use such funds in accordance with applicable law.
12. CONDITION PRECEDENT:
In the event that Seller has been unable to obtain purchase contracts for eighty percent (80%) of
the units in the Condominium within one hundred eighty (180) days from the date the first purchaser
signs a purchase contract for the purchase of a unit in the Condominium, Seller may unilaterally terminate
this Contract by delivery of written notice to Purchaser and, upon refunding to Purchaser all deposits,
including any interest earned on such deposits, shall have fulfilled all of Seller's obligations to Purchaser
under this Contract. Nothing herein contained shall be construed or so operate in a manner inconsistent
with 24 CFR 91710.5 and 61 F .R. 13601-13611, Supplemental Information to Part 1710; Guidelines for
Exemptions Available Under the Interstate Land Sales Full Disclosure Act, Part IV (b), Paragraph 6.
13. INSULATION:
Pursuant to Title 16, Section 460.16 of the United States Code of Federal Regulations, the
Insulation Disclosure Addendum is attached hereto as Exhibit "E".
- 7 -
Purchaser's Initials
14. ENERGY PERFORMANCE AND ENERGY EFFICIENCY RATING DISCLOSURE:
Pursuant to Sections 553.9085 and 553.996, Florida Statutes, Purchaser may request that Seller
cause a State Certified Energy Rater to perform an energy efficiency rating on the Unit. Purchaser hereby
releases Seller from any responsibility or liability for the accuracy or level of rating and Purchaser
understands and agrees that this Contract is not contingent upon Purchaser approving the rating, that the
rating is solely for Purchaser's own information and that Purchaser will pay the total cost of obtaining the
rating. A copy of the Florida Building Energy-Efficiency Rating System brochure prepared by the
Florida Department of Community Affairs in accordance with Section 553.996, Florida Statutes, is
attached hereto as Exhibit "C" and incorporated herein by this reference. PURCHASER
ACKNOWLEDGES RECEIPT OF THE ENERGY-EFFICIENCY RATING BROCHURE
DISTRIBUTED BY THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
STATES THAT PURCHASER WAIVES THE OPPORTUNITY TO OBTAIN AN ENERGY-
EFFICIENCY RATING ON THE UNIT. Seller is providing this disclosure statement to Purchaser in
compliance with Sections 553.9085 and 553.996, Florida Statutes. This Disclosure Statement is intended
for the sole and exclusive use of Purchaser for the transaction contemplated herein only and Seller shall
not be liable or responsible to any third party who has relied upon the information contained herein.
Purchaser acknowledges its receipt, review and understanding of this disclosure statement prior to, or at
the time of, Purchaser's execution of this Contract.
15. RADON GAS DISCLOSURE:
The following disclosure is required by Section 404.056(5), Florida Statutes (2003), for all
contracts for sale and purchase of any building in Florida: "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 department."
16. MOLD DISCLAIMER:
Whether or not you, as an owner of a Unit, experience mold growth depends largely on how you
manage and maintain your Unit. An informational mold statement is attached hereto as Exhibit "G" and
incorporated herein by this reference. Purchaser, by execution of this Contract, acknowledges that Seller
will not be responsible for any damages caused by mold, including but not limited to, property damage,
personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health
effects.
17. COOPERATING BROKER:
Unless a Cooperating Broker Addendum indicating otherwise is attached hereto, Purchaser
represents to Seller that Purchaser has not consulted, dealt or negotiated with a real estate broker,
salesperson or agent other than Seller's sales personnel. Purchaser agrees that Seller is not responsible for
the payment of a commission to a real estate broker, salesperson or agent other than Seller's sales
personnel and Purchaser agrees to indemnify and hold Seller harmless from and against any and all loss
and liability, including attorneys' and paraprofessional fees and costs at all levels, resulting from or
arising out of any representation or warranty set forth in this Section 18. Purchaser understands and
agrees that this Section 18 shall survive the Closing and delivery of the Deed.
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18, NOTICE:
Whenever a notice is required to be sent under the terms of this Contract, the notice will be
deemed to have been properly given or served (a) when delivered in fact to the other party, (b) when
delivered to and receipted for by a recognized air courier service (i.e., Federal Express, DHL), (c) by
facsimile transmittal when transmitted by a mechanism capable of producing a confirmation of receipt, or
(d) when deposited in the United States with adequate postage prepaid and sent by certified mail, return
receipt requested, and in all events addressed to Purchaser at the address in this Contract and addressed to
Seller at 2704 Via Murano, Clearwater, Florida, 33764. Notice may also be delivered by hand delivery if
a receipt for same is obtained. All notices shall also be effective upon refusal or failure to accept delivery
or otherwise,
19. RISK OF LOSS PRIOR TO CLOSING:
Any loss and/or damage to the Condominium and/or the Unit between the date of this Contract
and the date of the Closing will be at the Seller's sole risk and expense. Seller will have a reasonable time
to complete repairs, but in no event will such time for repairs and subsequent date of the Closing extend
beyond two (2) years after the date Purchaser signed this Contract. The work will be judged by the same
standards used to evaluate new construction. Purchaser will have no right to any reduction in the
Purchase Price, nor any claim against Seller by reason of the loss and/or damage, and agrees to accept
title on the date scheduled for the Closing.
20. INTENTIONALLY OMITIED.
21. LIMITATIONS OF WARRANTIES:
A. Purchaser shall have the right, pursuant to Section 21 above, to inspect the Unit and the
common elements, if any, prior to the Closing. Purchaser hereby agrees that from and after the Closing,
Purchaser shall not make or bring, and shall not support the bringing of such action by others, any claim
or action whatsoever against Seller or Seller's agents with respect to the dimensions of the Unit or the
common elements, the materials employed in the construction of the Unit or the common elements, or the
quality of workmanship or the merchantability or fitness of the Unit or the common elements or fixtures
or items of personal property sold pursuant to this Contract, or the merchantability or fitness thereof,
except such claims or actions as may be permitted by Section 22.B. below.
B, Purchaser acknowledges that at the time of execution of this Contract, Seller has no reason to
know of any particular purpose of Purchaser in purchasing the Unit and items of personal property sold
pursuant to this Contract other than for normal residential use. Purchaser acknowledges and agrees that
the only warranties applicable to the Condominium and the Unit are those that may validly be imposed
thereon by statutory law on the date thereof, as set forth in Section 718.203, Florida Statutes, as such
section exists as of the date of this Contract (hereinafter referred to as "Sole Warranties"). Purchaser
further acknowledges and agrees that, to the extent allowed by law, Seller makes no other express or
implied warranties whatsoever in regard to the Unit, the common elements, any fixtures or items of
personal property sold pursuant to this Contract or any other real or personal property whatsoever sold
hereby,
C. SELLER MAKES THIS WARRANTY EXPRESSLY IN LIEU OF ALL OTHER EXPRESS
OR IMPLIED WARRANTIES CONCERNING THE UNIT SOLD OR TO BE CONSTRUCTED
HEREUNDER AND THE PROPERTY SOLD HEREUNDER OR PREVIOUSLY PURCHASED
FROM SELLER. ANY OTHER REPRESENTATIONS, STATEMENTS OR PROMISES MADE BY
ANY PERSON ARE UNAUTHORIZED AND ARE NOT BINDING UPON SELLER. ALL OTHER
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WARRANTIES WITH RESPECT TO THE UNIT, AND THE PROPERTY HEREUNDER ARE
HEREBY DISCLAIMED, TO THE EXTENT PERMIITED BY LAW, WHETHER IMPLIED OR
ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF HABITABILITY,
MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE; AND PURCHASER
REPRESENTS THAT PURCHASER HAS READ AND UNDERSTOOD THIS PROVISION, AND
THAT PURCHASER UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THIS
CONTRACT AND ACCEPTING THE BENEFITS OF THE LIMITED WARRANTY DESCRIBED
ABOVE, PURCHASER HAS KNOWINGLY RELINQUISHED ANY AND ALL OTHER
WARRANTIES OF ANY KIND OR NATURE REGARDING THE UNIT AND THE PROPERTY.
D, Notwithstanding anything to the contrary in this Contract, Purchaser acknowledges and agrees
that Seller shall be irreparably harmed if Purchaser undertakes the repair or replacement of any defective
portion of the Unit, common elements, fixtures, items of personal property or any other real or personal
property in connection with the Unit during the time in which the Sole Warranties remain in effect.
Accordingly, Purchaser hereby agrees: (i) to promptly, upon Purchaser's knowledge of the existence of
any such defective portion, provide written notice to Seller specifying each such defective portion, upon
the receipt of which Seller shall have sixty (60) days (hereinafter referred to as "Repair Period") to
commence to repair or replace such defective portion and diligently pursue the completion thereof; or (ii)
not to repair, replace or otherwise adjust any such defective portion during the Repair Period; provided,
however, that if Seller fails to commence the repair or replacement of such defective portion within the
Repair Period, Purchaser may repair or replace same. If Purchaser fails to comply with the provisions of
this Section 22,D., Purchaser will be deemed to have breached Purchaser's obligation to mitigate damages
and Purchaser's conduct shall constitute an aggravation of damages.
E, It is hereby agreed that the maximum liability of Seller under the Sole Warranties shall be the
replacement cost of the defective portion of the Unit, common elements, fixtures, items of personal
property or to the real or personal property. Seller shall have the sole right to determine whether the
defect shall be corrected by repair or replacement. In addition, at Seller's sole option, rather than
repairing or replacing the defective item, Seller may pay Purchaser the amount by which the value of the
Unit has decreased as a result of such defect. In no event shall Seller be liable to Purchaser, the Master
Association or the Condominium Association or any other person or entity for consequential or
exemplary damages, or for personal injuries arising from any breach ofthe Sole Warranties.
F. Purchaser hereby acknowledges that: (i) the Sole Warranties shall not apply if the defective
portion of the Unit, common elements, fixtures or any other real or personal property has resulted from or
been caused by, in whole or in part, the misuse of same (whether intentional or unintentional) by any
person, firm or entity other than Seller or from an accident, casualty or physical alteration or
modification; and (ii) the Sole Warranties are further conditioned upon routine maintenance being
performed unless such maintenance is an obligation of Seller or a Seller controlled condominium
association.
G. The provisions of this Section 21 shall survive the Closing and delivery of the Deed.
22. PROSPECTUS:
The documents required by Section 718.504, Florida Statutes (2003), to be provided by Seller to
Purchaser are defined as the prospectus together with all exhibits thereto (sometimes referred to herein
collectively as the "Condominium Documents"). Purchaser hereby acknowledges receipt of the Condominium
Documents. Seller and Purchaser acknowledge that separate and apart from the provisions of this paragraph,
Seller is obligated to obtain from Purchaser a Receipt for Condominium Documents (in accordance with Florida
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administrative rules) acknowledging receipt of the required Condominium Documents, and Purchaser agrees to
provide such Receipt upon delivery of such documents.
23. TIME:
Time is of the essence for making all payments due pursuant to this Contract and for the Closing
of this Contract. Time otherwise may be made of the essence by not less than five (5) days advance
written notice. Any time period measured in "days" means consecutive calendar days, except that the
expiration of any time period measured in days that expires on a Saturday, Sunday, or nationally observed
legal holiday automatically will be extended to the next day that is not a Saturday, Sunday, or nationally
observed holiday.
24, INTENTIONALLY OMITTED.
25. CONSTRUCTION FINANCING:
Purchaser acknowledges that notices of commencement may be filed of record and that the Unit
may be encumbered by mortgages at the time of the Closing, and agrees that the same shall not be an
objection to title, it being understood that the Unit will be released from the liens of such notices and such
mortgages at or prior to the Closing utilizing the proceeds of the Closing. Purchaser further
acknowledges and agrees that to the extent permitted under applicable law (including, without limitation,
Chapter 718 of the Florida Statutes), the lien of any mortgagees) granted by Seller to its lender(s)
(whether or not such loans are made for the purpose of construction financing) on the Unit or the
Condominium shall be superior in right and priority to any lien of Purchaser as vendee or otherwise
(which, in the event of such lien, shall be subordinate to those of anyone holding a mortgage that secures
the advancement of construction funds, even if the mortgage (or modifications) are made or recorded after
the date of this Contract) and that this provision shall be self-operating, not require execution and delivery
of additional documents and be for the benefit of Seller and any such lenders; provided, however, this
provision shall not affect Seller's obligation to obtain release of such mortgagees) at the Closing with
respect to the Unit.
26. MULTIPLE PURCHASERS:
If two (2) or more persons are named as Purchaser herein, anyone (1) of them is authorized to act
as agent for, with the right to bind, the other(s) in all matters and of every kind and nature with respect to
this Contract. If the Purchaser is married, and the Purchaser's spouse is not named as a Purchaser herein,
Purchaser shall be responsible and liable for such spouse executing the mortgage and other Closing
documents as required by lender and Seller. Failure of said spouse to do so shall constitute a default
hereunder by Purchaser,
27. SELLER'S BUSINESS ORGANIZATION:
Purchaser hereby expressly acknowledges and agrees that (a) a conversion by Seller of its form of
business organization, (b) a merger by Seller with any entity(ies) with the Seller being the surviving entity
of such merger, or (c) change of Seller's name or any or all of the above in combination, shall not be
deemed to be a material or adverse change.
28. MISCELLANEOUS PROVISIONS:
A. Entire Agreement: This Contract, together with all exhibits, constitutes the entire agreement
between Purchaser and Seller with respect to the transaction contemplated herein. All prior
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understandings are superseded by and merged into this Contract. Except as provided in Section 718.506,
Florida Statutes, no oral representations, advertising, promotional activities, maps, artists' renderings,
conceptual presentations or otherwise, made by Seller or Seller's agents shall in any way be binding on
Seller and will be of no force or effect unless expressly set forth in this Contract as to either the
Condominium property or the Unit including, without limitation, the workmanship and materials.
Purchaser represents that Purchaser has not relied on any verbal or written statements, published by or
under the authority of Seller in any advertising or promotional matter including, but not limited to,
brochures, newspapers, and radio or television advertising, but has based Purchaser's decision to purchase
on personal investigation, observation and review of the Condominium Documents. This paragraph shall
survive the Closing contemplated herein and the delivery of the Deed to Purchaser.
B. Contract not Recordable; No Lien Rights; Persons Bound; and Notice: Neither this Contract
nor any notice of it shall be recorded in any Public Records; to do so is a substantive breach of this
Contract. Execution of this Contract shall not create any lien or lien right in favor of Purchaser against
the Unit or the Condominium, Purchaser hereby expressly waiving and relinquishing any such lien or lien
rights. This Contract shall bind and inure to the benefit of the parties hereto and their successors in
interest, heirs and assigns. Notice given by or to the attorney for either party shall be as effective as if
given by or to that party.
C. Invalidity: In case anyone or more of the provisions contained in this Contract shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, or
unenforceability shall not affect any other provision, and this Contract shall be construed as if such
invalid, illegal or unenforceable provisionhad never been contained in this Contract.
D. Applicable Law: This Contract and all documents executed pursuant to it shall be interpreted,
construed, applied, and enforced in accordance with and governed by the laws of the State of Florida,
regardless of where executed, delivered, performable or breached, or the venue of any suit or other
proceeding involving this Contract is instituted or pending, or whether the laws of the State of Florida
otherwise would apply the laws of another jurisdiction.
E. Attorneys' Fees and Costs: In connection with any alternative dispute resolution proceedings
or litigation, including appellate proceedings, arising out of this Contract, the prevailing party shall be
entitled to recover from the other party reasonable attorneys' fees and costs at trial, bankruptcy court and
all appellate levels.
F. Captions: Captions of the paragraphs and subparagraphs of this Contract are for the
convenience of reference only, are not to be considered a part hereof and will not limit nor otherwise
affect any of the terms hereof.
G. Amendments: This Contract and the instruments and documents referred to herein and made a
part hereof as if fully set forth herein constitute the full, final and complete agreement between the parties
and no oral representations, claims, statements, advertising, or promotional activities made by Seller or
Seller's agents or representatives shall in any way be binding upon Seller unless expressly set forth in a
written agreement addendum executed by Seller. Seller reserves the right to modify or amend the
Condominium Documents and Purchaser shall receive a copy of any such amendment(s) made. Nothing
contained herein shall require Seller to secure Purchaser's approval of any change in the prices or terms
upon which Seller may sell the remaining units. Without limiting the generality of the foregoing and
other provisions of this Contract, Seller is specifically authorized to substitute the final legal descriptions,
plot plans, and as-built surveys for the proposed legal descriptions and plot plans contained in the
Condominium Documents even though changes occur in the permitting stage and during construction.
Purchaser specifically grants authority to Seller to file in the Public Records of Pinellas County, Florida
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prior to Closing, alI papers required to be filed by Florida Statutes in order to legalIy create and maintain
the existence of the Condominium, the Condominium Association, including, but not limited to, the
Declaration, the Articles of Incorporation and Bylaws of the Association. This Section 29.G. wilI survive
Closing and delivery of the Deed.
H. Indemnification: "Indemnify" means that the indemnitor wilI defend, indemnify and hold the
indemnitee harmless from and against any and alI claims, demands, losses, liabilities including strict
liability, damages, injuries, and expenses, including attorneys' fees for attorneys of the indemnitee's
choice, costs of any settlement or judgment and claims of any and every kind whatsoever paid, incurred
or suffered by, or asserted against the indemnitee by any person or entity or governmental agency for,
with respect to, or as a direct result of the subject matter of the indemnity. The scope of any indemnity
includes any costs and expenses, including reasonable attorneys' fees incurred in defending any
indemnified claim or in enforcing the indemnity or both. Any express indemnities contained in this
Contract survive the Closing of the transaction contemplated herein.
1. Venue: Purchaser waives any and alI privileges and rights which it may have under Chapter
47, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any comparable
statute or administrative provision; and Purchaser further agrees that any legal action brought on this
Contract shall be brought in the appropriate forum in PinelIas County, Florida.
1. No Liens: Prior to the Closing, Purchaser shalI not place nor allow any lien to be placed on the
Unit and/or the Condominium.
K. Waiver: The waiver of one or more defaults by any party to this Contract shall not be deemed a
waiver of any subsequent default of that provision of this Contract or default under any other provision of
this Contract. No waiver of the benefit of any provision of this Contract will be effective unless made in
writing, signed by the party to be charged; and no such waiver is a waiver of any future event, unless it
expressly so states.
L. Sales Activities: Purchaser acknowledges that Seller or a company or other entity affiliated
with SelIer (including Resort Lot Owner) shall have the right to utilize all of the common elements of the
Condominium, all Master Association property (including roadways and recreational facilities), and all
Shared Facilities, and any models and/or sales office located or to be located in Clearwater Cay
Community, and/or the Condominium in connection with the sale or lease of dwelIing units in this or in
other projects or developments in the Clearwater Cay Community.
M. Payment by Broker: By the execution hereof, Purchaser directs Broker to pay to Seller alI
monies received under this Contract by Broker prior to or at the Closing.
N. Purchaser Reoresentations: Purchaser acknowledges and agrees that the representations made
to Seller hereunder are a material inducement to SelIer to enter into this Contract and that such
representations shalI survive the Closing,
O. Counterparts: This Contract may be executed in two or more counterparts, each of which will
be deemed an original, but alI of which together will constitute one and the same instrument.
P. Gender: The use of the singular includes the plural, the use of the male includes female and
neuter and visa versa.
Q, Facsimile: A facsimile (FAX) signature will be deemed to be an original. Offer and
acceptance by facsimile is binding.
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R. Construction: This Contract and all related documents, including, without limitation, the Deed,
will not be construed more strongly against any party regardless of who was more responsible for its
preparation.
S. Survival: All terms, conditions, covenants and agreements contained in this Contract, if the
fulfillment of their purpose(s) require(s), shall survive the Closing and be binding on Seller and Purchaser
and any subsequent purchaser of the Unit.
T. Conflict Regarding Unit Configuration. Size and Layout: In the event that the configuration,
size or layout of the Unit as depicted on any sales materials or brochures differs from or conflicts with the
configuration, size or layout of the Unit as depicted on the Condominium Documents, the configuration,
size and layout of the Unit as depicted on the Condominium Documents shall control.
U. Effective Date: As used herein, the term "Effective Date" shall mean and refer to the date this
Contract is executed by Seller.
W. Joint and Several Liability: If more than one person or entity constitutes "Purchaser", then in such
case all obligations of Purchaser under this Contract shall be joint and several obligations of each person or entity
constituting Purchaser.
X. Amendments Required bv Division: If the Florida Division of Land Sales, Mobile Homes and
Condominiums requires any amendment to this Contract, or in an amendment is required to comply with the
applicable law, Purchaser hereby consents to such ;:1mendment.
29. INTENTION ALL Y OMMITTED.
30. MASTER ASSOCIATION AND CONDOMINIUM ASSOCIATION:
By purchasing the Condominium, Purchaser automatically becomes a member of the Master
Association and the Condominium Association. The Master Association is responsible for the common
areas of the Clearwater Cay Community. For further information regarding common areas of the
Clearwater Cay Community, Purchaser should refer to the text of the Master Declaration. For further
information regarding the common areas of the Condominium, Purchaser should refer to the
Condominium Declaration. Purchaser acknowledges and understands that Purchaser will be required to
pay assessments to the associations described above, and that in the event Purchaser defaults in payment
of the assessments, such entity will have a lien on Purchaser's Unit, which lien may be foreclosed in the
manner prescribed by law for the foreclosure of mortgages. The Homeowners' Association Disclosure
Form required by Section 720.401, Florida Statutes, to be executed by Purchaser is attached hereto as
Exhibit "D" and incorporated herein by this reference. PURCHASER SHOULD NOT EXECUTE THIS
CONTRACT UNTIL PURCHASER HAS RECEIVED AND READ TIlE DISCLOSURE SUMMARY.
Pursuant to Section 720.40] (])(b), F]orida Statutes, the following disclosure is hereby provided:
IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES,
HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING
THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY PURCHASER BY
DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN
NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER
RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER
OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO
EFFECT. PURCHASER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT
CLOSING.
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This provision shall survive the Closing and the execution and delivery of the Deed.
31. CLEARWATER CAY CLUB
In addition to membership within the Master Association and the Condominium Association,
each Unit has a mandatory membership in the Clearwater Cay Club, which is a non-equity membership
deposit club ("Club") pursuant to the Plan for the Offering of Memberships in Clearwater Cay Club
("Club Plan"). The Club Plan outlines the terms pursuant to which the Master Association may purchase
the Club and how Club Dues and Fees increase. At this time the Club Owner is CC701, LLC, a Florida
limited liability company. Purchaser is further advised as follows:
31.1 Club Owner has constructed or will construct, at its sole cost and expense, certain
recreation facilities as described in the Club Plan together with such other equipment, facilities and
personalty as Club Owner determines in its sole discretion.
31.2 Club Facilities (as defined in the Club Plan) may be added, modified or deleted
from time to time in accordance with the Club Plan.
31.3 The Club shall be used and enjoyed by the Purchaser, on a non-exclusive basis, in
common with such other persons, entities, and corporations that may be entitled to use the Club under the
terms in the Club Plan. The number of users or members of the Club may be increased from time to time.
31.4 Purchaser acknowledges that the Club Plan provides that each Purchaser becomes
directly liable for the Club Dues, including the Club Fees and initial Club contribution to be paid to the
Club Owner, all as set forth in the Club Plan. Purchaser acknowledges receipt of the Estimated Annual
Operating Budget attached as Exhibit "3" to the Prospectus, which specifically discloses the initial Club
contribution. Purchaser acknowledges that all sums due pursuant to the Club Plan in regard to the Club
are direct obligations of Purchaser.
31.5 By accepting a Deed to a Unit, Purchaser acknowledges that: (i) it is in the best
interest of Purchaser, Master Association, Condominium Association and Clearwater Cay Community, as
a whole, and property values therein, to provide for the Club to be located within Clearwater Cay
Community; (ii) the terms of the Club Plan relating to the Club and the Club Dues imposed thereby,
including the Club Fees and Dues, are fair and reasonable given the nature of the Club amenities provided
and the cost thereof; (iii) there were significant other housing opportunities available to the Purchaser in
the general location of Clearwater Cay Community, both with and without a Club; (iv) the Club, and the
right to use the Club were, for purposes of this acknowledgment, important to the Purchaser and
Purchaser would not have purchased the Unit without the right to use the Club; (v) full disclosure of the
nature of the Club and obligations associated therewith was included in the Club Plan given to Purchaser
prior to Purchaser executing the Contract; (vi) the fact that the Club Owner is affiliated with the Seller, is
acknowledged; (vii) the provisions of the Club Plan do not grant any ownership rights in the Club in favor
of the Master Association, the Resort Lot Owner, the Condominium Association or Purchaser but, rather,
grant a non-exclusive license to use the Club subject to full compliance with all obligations imposed on
each of them relating thereto; and (viii) the Club Plan may be amended or modified from time to time.
31 .6 By initialing at the end of this page, Purchaser acknowledges that Purchaser must
apply for membership and must be accepted as a member of the Club prior to the date of Closing.
Purchaser will accept all liabilities and obligations of membership in the Club, including payment of the
membership contribution, and all fees and dues due to the Club pursuant to the Club Plan. Purchaser
further acknowledges and agrees that the current Club Plan may be revised from time to time.
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31.7 Purchaser may, at Purchaser's option, apply for use of a dock slip in accordance
with the Club Plan. Purchaser acknowledges that Purchaser's acceptance to membership in the Club or
use of a dock slip is not guaranteed by this Contract and is subject to Purchaser's separate applications to
the Club and acceptance under established membership procedures and criteria. Purchaser acknowledges
that, by purchasing or paying for the Unit, or by acquiring membership in the Association, Purchaser does
not acquire any vested right or easement, prescriptive or otherwise, to use the Club facilities or the dock
slips, nor does Purchaser acquire any ownership or membership interest in the Club facilities or the dock
slips. Membership fees and dues for the Club and use of the dock slips are separate from and in addition
to any sums due under this Contract and are the responsibility of Purchaser. Purchaser acknowledges that
no representations have been made to Purchaser regarding the use of the Club facilities or the dock slips,
now or in the future. Notwithstanding anything contrary in this Contract or any Addendum thereto, Seller
agrees that if Purchaser's application to the Club is refused for any reason whatsoever, other than
Purchaser's misleading or false statements on his/her Club application, all Deposits hereunder shall be
promptly returned to Purchaser.
32. RESORT LOT OWNER:
By purchasing the Condominium, Purchaser acknowledges that many, if not all of the areas of the
Building which would normally be considered common elements in a traditional condominium, e.g.,
hallways, stairs, parking areas, are instead part of the Resort Lot (and not part of the Condominium) and
are "Shared Facilities". The Resort Lot Owner has the maintenance responsibility for the Shared
Facilities pursuant to the Resort Declaration, and Resort Lot Owner will charge Purchaser and the other
Unit Owners for the maintenance of the Shared Facilities. Additionally, Resort Lot Owner, or its assignee
or designee, may provide certain Basic Resort Services upon the Shared Facilities and to the Unit Owners.
Resort Lot Owner will charge assessments to Purchaser for such Shared Facilities Expenses and Basic
Resort Services. Failure of Purchaser to pay such assessments when due may result in Resort Lot Owner
levying fines against Purchaser and Resort Lot Owner will have a lien on Purchaser's Unit for such
assessments, which lien may be foreclosed in the manner prescribed by law for the foreclosure of
mortgages.
33. CONSTRUCTION INDUSTRIES RECOVERY FUND:
Pursuant to Section 489.1425 of the Florida Statutes, Seller provides the following notice.
PAYMENT MAYBE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY
FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE
LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE LICENSED
CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,
CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE
FOLLOWING TELEPHONE NUMBER AND ADDRESS: (904) 727-6530, 7960 ARLINGTON
EXPRESSWAY, SUITE 300, JACKSONVILLE, FLORIDA 32211.
34, INCENTIVE PROGRAMS:
Purchaser acknowledges that at various times, Seller or its affiliates adopts incentive programs
with its affiliated brokerage entity, Cristal Clear Realty, LLC, under which the agents of such affiliated
brokerage entity receive bonuses in addition to commissions for sales of lots or single family residences
constructed by Seller or its affiliates or for sales of residences in condominiums constructed and/or
developed by Seller or its affiliates, which may include the Unit.
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35. NO REPRESENTATIONS; NO RELIANCE:
Other than as expressly set forth below, no person, including any sales agent of Cristal Clear
Realty, LLC or any other real estate brokerage firm, is authorized to make any representations or to
provide any information with regard to any of the matters contained in this Contract, which are contrary
to or in addition to the information contained in this Contract or in the applicable or related Condominium
Declaration, as amended. PURCHASER AC.{(NOWLEDGES, REPRESENTS AND WARRANTS TO
SELLER THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW, NO SUCH
REPRESENT A TIONS HAVE BEEN MADE TO (OR, IF MADE, HAVE NOT BEEN RELIED UPON
BY) PURCHASER OR BY ANY OTHER PERSON OR ENTITY AND FURTHER THAT
PURCHASER HAS NOT RELIED ON ANY REPRESENTATIONS, NEWSPAPER, RADIO OR
TELEVISION ADVERTISEMENTS, WARRANTIES, STATEMENTS, OR ESTIMATES OF ANY
NATURE WHATSOEVER, WHETHER WRITIEN OR ORAL, MADE BY SELLER, SALES
PERSONS, AGENTS, OFFICERS, EMPLOYEES, COOPERATING BROKERS (IF ANY) OR
OTHERWISE EXCEPT AS HEREIN AND IN THE CONDOMINIUM DOCUMENTS SPECIFICALLY
SET FORTH. PURCHASER HAS BASED PURCHASER'S DECISION TO PURCHASE THE UNIT
SOLELY ON THE REPRESENTATIONS DESCRIBED BELOW, IF ANY, PERSONAL
INVESTIGATION, OBSERVATION AND THE CONDOMINIUM DOCUMENTS, THE MASTER
DOCUMENTS AND THE CLUB PLAN. Purchaser is relying upon the following additional
representations that have been made to Purchaser by Seller and/or its agents concerning the Unit, the
Condominium and Clearwater Cay Community within which the Condominium is located:
PURCHASER'S INITIALS:
Purchaser's representation and warranty above that it has not received or relied upon any other
representations with respect to the Unit, the Condominium or Clearwater Cay Community within which
the Condominium is located, other than as expressly set forth above, is a material inducement for Seller's
acceptance of Purchaser's offer contained herein and such representation and warranty constitutes a
substantial aspect of the consideration delivered to Seller by Purchaser for the purchase of the Unit.
36. SELLER'S RIGHT TO RE-PLA TOR RE-CONFIGURE UNITS:
Prior to the recording of the Condominium Declaration, Seller reserves the right to unilaterally
amend the plan of development, re-plat or re-plan portions of the Condominium, so long as such
amendment, re-platting, or re-configuring does not materially and adversely affect the Unit or Purchaser.
If Seller shall request that Purchaser join in any documents necessary to carry out the intent of this
Section 36, Purchaser will promptly execute and deliver such consents and joinders in such form as Seller
reasonably requires. The provisions of this Section 36 shall survive the Closing.
37, ACCEPTANCE:
This Contract, as executed by Purchaser and delivered to Seller, together with the delivery of the
Initial Deposit to the Escrow Agent, constitutes Purchaser's offer to purchase the Unit. Purchaser's offer
shall only be accepted by Seller's execution of this Contract. Purchaser must sign and deliver this
Contract to Seller, and pay the Initial Deposit to the Escrow Agent, all on or before the _ day of
38. ADDENDUM OR RIDER:
- 17 -
Purchaser's Initials
Any rider or addendum to this Contract will be deemed to be incorporated into this Contract as
fully as if it were set forth at length herein. The terms and provisions of any such rider or addendum will
control those of this Contract, but only to the extent necessary to give them full effect. No such rider or
addendum to this Contract shall be binding or effective unless and until executed by both Purchaser and
Seller.
39. , BUYER'S RIGHT TO CANCEL PURSUANT TO FLORIDA CONDOMINIUM ACT.
THIS CONTRACT IS VOIDABLE BY PURCHASER BY DELIVERING WRITTEN
NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN FIFTEEN (15) DAYS
AFTER THE DATE OF EXECUTION OF THIS CONTRACT BY THE PURCHASER, AND
RECEIPT BY PURCHASER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO
HIM OR HER BY THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. THIS
CONTRACT IS ALSO VOIDABLE BY PURCHASER BY DELIVERING WRITTEN NOTICE
OF THE PURCHASER'S INTENTION TO CANCEL WITHIN FIFTEEN (15) DAYS AFTER
THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH
MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE
TO THE PURCHASER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS
SHALL BE OF NO EFFECT. PURCHASER MAY EXTEND THE TIME FOR CLOSING FOR A
PERIOD OF NOT MORE THAN FIFTEEN (15) DAYS AFTER THE PURCHASER HAS
RECEIVED ALL OF THE ITEMS REQUIRED. PURCHASER'S RIGHT TO VOID THIS
CONTRACT SHALL TERMINATE AT CLOSING.
40. COMMUNITY DEVELOPMENT DISTRICT.
THIS UNIT MAY BECOME PART OF A COMMUNITY DEVELOPMENT DISTRICT.
A COMMUNITY DEVELOPMENT DISTRICT IMPOSES TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS UNIT THROUGH A SPECIAL TAXING
DISTRICT. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION
AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE
DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BY LAW.
ANY PAYMENT IN EXCESS OF 10% OF THE PURCHASE PRICE MADE TO THE
DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR
CONSTRUCTION PURPOSES BY THE DEVELOPER.
SELLER:
DC703, LLC, a Florida limited liability company
PURCHASER(S):
By:
Print Name: David Schwarz
Title: Manager
Address: c/o David Schwarz
2704 Via Murano
Clearwater, Florida 33764
Tel: (727)531-2525
Fax: (727)531-5121
Print Name:
Print Name:
- 18 -
Purchaser's Initials
Date signed by Seller: December _, 2004
("Effective Date")
- 19 -
Date signed by Purchaser:
Purchaser's Initials
EXIDBIT "C"
[Consent and Joinder, Affidavit to Authorize, and Buyer Acknowledgement]
CONSENT AND JOINDER
TO SEEK GOVERNMENTAL APPROVALS AND
PETITION TO ESTABLISH
COMMUNITY DEVELOPMENT DISTRICT
hereby agrees and consents with respect to the property described below
(1) to the establishment by Seller and/or its assigns of a community development
district with authority to exercise all special and general powers upon the lands
described below, pursuant to Chapter 190, Florida Statutes, and (2) the Seller
and/or its assigns and agents applying for, seeking and obtaining any federal,
state, and/or local land use, development, construction, environmental, or
governmental approvals, permits, orders, decisions, and/or consents (collectively
"approvals") deemed necessary by Seller.
LEGAL DESCRIPTION
[See attached Exhibit "A"]
PROPERTY ADDRESS:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2005 by , who is personally
known to me or who has produced as identification.
Signature of Notary
Printed Name of Notary
Commission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land lying within Section 20 and 29, Township 29 South, Range 16
East, Pinellas County, Florida and being more particularly described as
follows:
Commence at the Southwest corner of said Section 20; thence along the
South line of Section 20, South 89019'48" East, for 721.40 feet; thence
South 00027'22" East, for 43.51 feet to the Point of Beginning, said point
also being a point of intersection with a non-tangent curve concave to the
South; thence Easterly along the arc of said curve with a radial bearing
South 00027'51" East, having a radius of 35.00 feet, a central angle of
1405r42", an arc length of 9.08 feet and a chord bearing South 83002'00"
East, for 9.05 feet to the point of reverse curvature with a curve concave to
the North; thence Easterly along the arc of said curve, having a radius of
35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a
chord bearing South 82027'58" East for 8.37 feet to the point of tangency;
thence South 89019'48" East for 111.84 feet to the point of intersection with
a non-tangent curve concave to the Northwest; thence Easterly along the
arc of said curve with a radial bearing North 00040'13" East, and having a
radius of 55.50 feet, a central angle of 118044'10", and arc length of 115.01
feet and a chord bearing North 31018'08" East, for 95.51 feet to the point of
intersection with a non-tangent curve concave to the Northeast; thence
Southeasterly along the arc of said curve with a radial bearing North
61056'04" East, and having a radius of 15.00 feet, a central angle of
46010'01 ", an arc length of 12.09 feet and a chord bearing South 51008'57"
East, for 11.76 feet to the point of compound curvature with a curve
concave to the North; Thence Easterly along the arc of said curve, having a
radius of the 125.00 feet. A central angle of 56040'40", an arc length of
123.65 feet and a chord bearing North 7r25'43" East, for 118.67 feet to the
point of reverse curvature with a curve concave to the Southeast; Thence
Northeasterly along the arc of said curve, having a radius of 303.00 feet, a
central angle of 00031'45", an arc length of 2.80 feet and a chord bearing
North 49021 '15" East, for 2.80 feet of the point of intersection with a non-
tangent line; Thence North 40022'52" West, for 14.84 feet to the point of
intersection with a non-tangent curve concave to the Northwest; Thence
Northeasterly along the arc of said curve with a radial bearing North
40043'39" West, and having a radius of 74.87 feet, a central angle of
02040'04", an arc length of 3.49 feet and a chord bearing North 4r56'19"
East, for 3.49 feet to the point of reverse curvature with a curve concave to
the Southeast; Thence Northeasterly along the arc of said curve, having a
radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16
feet and a chord bearing North 63045'52" East, for 138.08 feet to the point
of tangency; Thence North 80055'27" East, 97.25 feet; Thence North
56001 '58" East, for 40.45 feet; Thence North 78050'41" East, for 127.14
feet; Thence South 78023'09" East, for 24.44 feet; Thence South 11052'40"
East, for 9.10 feet: Thence North 79023"05" East, for 49.80 feet; thence
North 10051'19" West, for 10.82 feet; Thence North 420 27'28" East, for
66.53 feet; thence North 35048'02" East, for 134.85 feet; Thence East, for
67.34 feet; Thence South 38008'04" East, for 12.67 feet; Thence East, for
68.14 feet; Thence North 54'10"51 East, for 17.03 feet; Thence East, for
96.27 feet; Thence North 55005'18" East, for 63.64 feet; Thence East, for
25.42 feet to the point of curvature of a curve concave to the North; Thence
Easterly along the arc of said curve, having a radius of 64.00 feet, central
angle of 39042'28" an arc length of 44.35 feet and a chord bearing North
70008'46" East, for 43.47 feet to the point of reverse curvature with a curve
concave to the South; Thence Northeasterly along the arc of said curve,
having a radius of 58.00 feet, a central angle of 36055'37, an arc length of
73.38 feet and a chord bearing North 68045'21" East, for 36.74 feet to the
point of reverse curvature with a curve concave to the Northwest; Thence
Easterly along the arc of said curve, having a radius of 54.00 feet, a central
angle of8r13'09", an arc length of 82.20 feet a chord bearing North
43036'34" East, for 74.49 feet to the point of tangency; Thence North, for
189.83 feet; Thence South 89019'09" East, for 779.97 feet; Thence South
60000'00" West, for 1333.52 feet; Thence South 89019'48" East for 209.91
feet; thence South 24054'45" West, for 343.41 feet to the point of
intersection with a non-tangent curve concave to the Southeast; Thence
Southwesterly along the arc of said curve with a radial bearing South
52036'11" East having a radius of 1577.45 feet, a central angel of 13022'27",
an arc length of 368.22 feet and a chord bearing South 30042'35" West, for
367.38 feet to the point of intersection with a non-tangent line; Thence North
89004'26" West, for 829.18 feet; Thence North 00027'22" West for 584.06
feet to the Point of Beginning.
TOGETHER WITH a non-exclusive easement for a purposes of ingress, egress
and utilities as set forth in grant of easement recorded in Deed Book 1483, Page
285; as affected by First Amendment to the Grant of Easement recorded in
Official Records Book 10652, Page 534, of the Public Records of Pinellas county,
Florida.
TOGETHER WITH non-exclusive easements as set forth in the Operating
Maintenance and Easement Agreement recorded in Official Records Book
10784, Page 1247, of the Public Records of the Pinellas County, Florida.
AND ALSO THE FOLLOWING:
FIVE FOOT STRIP FOR INGRESS AND EGRESS:
A certain 5 foot strip of land lying in Section 20, Township 29 South, Range 16
East, Pinellas County, Florida, as described in Official Records Book 3528, Page
521 and being more particularly described as follow: '
Commence at the Southwest corner of said Section 20 and run South 89019'48"
East, along the South line of said Section 20, a distance of 100.01 feet to the
Point of Beginning, leaving said South line, Thence North 01026'21" East, a
distance of 5.00 feet; Thence South 89019'48" East, a distance of 609.99 feet;
Thence South 01026'21" West, a distance of 5.00 feet; Thence North 890 19'48"
West, a distance of 609.99 feet to the Point of Beginning.
AFFIDAVIT TO AUTHORIZE AGENT
STATE OF FLORIDA
COUNTY OF
, being first duly sworn, depose(s) and say(s):
1. the owner(s) and record title holder(s) of the property described as
follows (the Property"):
Unit, THE GRAND VENEZIA AT BAYWATCH, a Condominium,
according to the Declaration of Condominium thereof, as recorded
in Official Records Book 14030, Pages 1368 through 1486, and the
Amended and Restated Declaration of Condominium as recorded
in Official Records Book 14243, Page 1040-1145, together with all
appurtenances thereto, including an undivided interest in the
common elements of said Condominium, as set forth in said
Declaration, Public Records of Pinellas County, Florida.
PROPERTY ADDRESS: ,Unit, Clearwater, FL 33764.
2. That this Property constitutes a portion of the land for which a
request for a Community Development District is being applied for
to the City Commission of the City of Clearwater.
3. That this Property constitutes a portion of the land for which a
request for federal, state, and/or local land use, development,
construction, environmental, and/or governmental approvals is
being sought.
4. That the undersigned (has/have) appointed W. Scott Callahan and
Thomas A. Cloud as (his/their) agent(s) to execute any permits or
other documents necessary to affect such permit.
5. That this affidavit has been executed to induce the appropriate
governmental agency(ies) to consider and act on the above-
described Property.
6. That the undersigned authority hereby certifies that the foregoing is
true and correct.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2005 by and , who are personally
known to me or who has produced as identification.
Signature of Notary
Printed Name of Notary
Commission Expires:
ACKNOWLEDGMENT OF POSSIBLE
COMMUNITY DEVELOPMENT DISTRICT
With respect to the property described below, hereby acknowledges that
this Unit may become part of a Community Development District.
A COMMUNITY DEVELOPMENT DISTRICT IMPOSES TAXES OR
ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS UNIT
THROUGH A SPECIAL TAXING DISTRICT. THESE TAXES AND
ASSESSMENTS PAY THE CONSTRUCTION, OPERATION AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES
OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD
OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION
TO ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.
LEGAL DESCRIPTION
Unit, THE GRAND VENEZIA AT BAYWATCH, a Condominium,
according to the Declaration of Condominium thereof, as recorded
in Official Records Book 14030, Pages 1368 through 1486, and the
Amended and Restated Declaration of Condominium as recorded
in Official Records Book 14243, Page 1040-1145, together with all
appurtenances thereto, including an undivided interest in the
common elements of said Condominium, as set forth in said
Declaration, Public Records of Pinellas County, Florida.
PROPERTY ADDRESS:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2005 by , who is personally
known to me or who has produced as identification.
Signature of Notary
Printed Name of Notary
Commission Expires:
C:\Documents and Settings\bah\Local Settings\Temporary Internet Files\OLK3C\8UYER
ACKNOWLEDGMENT FORM.doc
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'I t;'\"jovr
BEFORE THE CITY COUNCIL
OF THE CITY OF CLEARWATER, FLORIDA
IN RE: PROPOSED ORDINANCE PURSUANT )
TO SECTION 190.005(2), FLORIDA STATUTES, )
TO ESTABLISH THE CLEARWATER CAY )
COMMUNITY DEVELOPMENT DISTRICT )
)
TESTIMONY OF CAREY GARLAND
FOR CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
1. Please state your name and business address.
Carey Garland, Fishkind & Associates, 11869 High Tech Ave. Orlando,
Florida 32817.
2. By whom are you employed and in what capacity?
I am currently employed by Fishkind & Associates as a real estate
consultant.
3. And what is the nature of your firm's business?
We provide economic, financial consulting, and management services to
the real estate development industry and to many community
development districts in the State of Florida.
4. Please state by whom you were employed prior to Fishkind &
Associates, and your responsibilities in those positions?
From 1990 until 1996 I worked for Westinghouse Communities, a land
developer based in Naples, Florida. My responsibilities included project
management for a large-scale residential community. I also managed the
formation, management, and financing of the company's community
development districts.
5. Please describe your educational background, with degrees earned,
major areas of study, year of degree, and institutions attended.
I hold a Bachelors of Science in engineering from the University of
Missouri and a Masters in Business Administration from the University of
Michigan.
6. Have you ever been qualified as an expert regarding economic
analyses of special districts?
1
Yes. I have been qualified as an expert witness in the proceedings to
establish a number of community development districts, including the
Brooks at Bonita Springs COD, Split Pine COD, and Tolomato CDO.
7. Have you previously worked with other petitioners for the
establishment of a community development district and prepared a
Statement of Estimated Regulatory Costs in accordance with Florida
Statutes?
Yes. Our office has prepared approximately fifty Statements of Estimated
Regulatory Costs. I have prepared approximately 20 Statements of
Estimated Regulatory Costs.
8. Please summarize your previous work experience relating to special
districts in general.
I personally serve as Financial Advisor to approximately 20 community
development districts ("CDDs") and our firm is Financial Advisor to over 35
COOs. As Financial Advisors to CDDs, our firm has assisted our clients in
successfully financing in excess of 140 transactions raising in excess of
$2 billion dollars. Also, we maintain the lien books and file the tax rolls for
ten CDDs and special districts.
9. Where in Florida are the community development districts that you
have advised or with which you have been employed?
I have worked with districts in Flagler, St. Johns, Bay, Orange, Leon,
Broward, Dade, Collier, Lee, Sarasota, Volusia, Duval, Manatee, Palm
Beach, and Hillsborough Counties. The firm also has district clients in
Marion, St. Lucie, Charlotte, Pasco, Hernando, Osceola, Lake and
Manatee Counties.
10. Please describe how these community development districts
operate.
Community development districts are governed by a five member board of
supervisors elected initially by all the landowners in the district. The Board
selects a district manager who manages and operates the community
services and facilities and handles all administrative functions. The district
manager prepares the annual budget to be adopted by the Board after the
requisite public notice and hearing. The District submits a copy of the
proposed budget to the applicable local general purpose government for
review and optional comment. The Board adopts all resolutions and
policies of the district for its ongoing appropriations and operation.
11. Are community development districts subject to the Sunshine
Meeting and Public Records laws as are general purpose local
governments?
2
Yes. Community development districts are independent special units of
local government and are subject to the same open meetings and public
records requirements.
12. Please describe any other requirements and public safeguards.
The creation of a district does not change the requirements for
governmental approval of land development within the district. All state
and local planning, zoning, permitting, land use and other land
development regulations remain applicable to the property contained
within a community development district.
Florida Statutes also require the district to take affirmative steps to provide
full disclosure of information relating to the establishment of the district
and the financing and maintenance of public improvements to real
property undertaken by the district.
Each member of the Board of Supervisors is required by statute to be a
resident of Florida and citizen of the United States. When the Board
begins to be elected by the resident electors of the district, each member
must also be a resident and elector of the district. Board members must
annually file the same financial disclosure forms required of other local
officials.
The district is subject to audit by an independent certified public
accountant and must provide its annual financial report to the State. All
rates, fees, and charges imposed by the district must be adopted pursuant
to Chapter 120 rulemaking. The board must follow Chapter 120
rulemaking procedures in the adoption of its other rules.
If the district is to impose non-ad valorem assessments, it must provide
the same notices and conduct the same public hearings that would be
required of any other unit of local government. That process entails
preparation of an assessment methodology that fairly and equitably
allocates the cost of the district's projects.
13. Please describe how a community development district is funded or
derives revenue to operate on a long-term basis?
In the first few years, in lieu of assessments on land within the district, the
district's operations are often funded by a "funding agreement" between
the district and the landowner/developer.
To provide for financing of capital projects, the district may issue bonds or
other forms of indebtedness. Bonds issued by the district must be
secured by a trust agreement, and any bond maturing over a period of
more than five years must be validated by circuit court pursuant to
3
Chapter 75, Florida Statutes. The district may also borrow funds on a long
or short term basis.
Debt of the district may be serviced through the imposition of non-ad
valorem special assessments, or by charging fees on users of the district's
facilities and services. By law, debt of the District cannot become debt of
any other government (city, county, or state), absent that government's
consent.
14. What alternatives might be available to provide community
infrastructure for the lands within the proposed district?
In my opinion there are two alternatives which might provide community
infrastructure such as the roads, utilities, drainage, parks and other
improvements contemplated for the proposed district:
1. The general purpose local government could finance the
improvements utilizing special assessments or general funds, or
2. The developer could provide infrastructure through private
financing, if available.
As discussed later in my testimony, neither of these alternatives IS
preferable to the establishment of a community development district.
15. Are you familiar with the Petition to establish the Clearwater Cay
Community Development District and, if so, what participation, if
any, did you have with respect to the Petition?
Yes, I am familiar with the Petition to establish the Clearwater Cay
Community Development District. I developed the Statement of Estimated
Regulatory Costs ("SERC"), required by Chapters 120 and 190, Florida
Statutes, that is included in the Petition.
Lets begin to address portions of the Petition to establish the
Clearwater Cay Community Development District relating to certain
economic analysis, including the exhibits you are sponsoring into
evidence and your expert opinions on economic analysis issues.
16. You stated that you are familiar with Petition and prepared the
SERC?
Yes.
17. Are there any corrections that need to be made?
No.
4
18. In general terms, please summarize the economic analyses you have
presented in the SERC.
The SERC reviewed and evaluated four major categories of potential
impacts as outlined in Section 120.541 (2)(f), Florida Statutes. These
include:
(a) A good faith estimate of the number of individuals and entities likely
to be required to comply with the ordinance, together with a general
description of the types of individuals likely to be affected by the
ordinances;
(b) A good faith estimate of the cost to the agency, and to any other
state and local government entities, of implementing and enforcing the
proposed ordinance, and any anticipated effect on state and local
revenues;
(c) A good faith estimate of the transactional costs likely to be incurred
by individuals and entities, including local governmental entities, required
to comply with the requirements of the ordinance; and
(d) An analysis of the impact on small businesses as defined by
Section 288.703, Florida Statutes, and an analysis of the impact on small
counties and small cities as defined by Section 120.52, Florida Statutes.
In summary, we concluded that there is no adverse impact on any affected
party from establishment of proposed district.
19. Please describe briefly the data and methodology you used in
preparing the SERC and related analyses.
The methodology I used is consistent with that commonly employed by
others in the industry. Much of the other data was provided by the
Petitioner and Mr. Richard Claybrooke of Post, Buckley, Schuh & Jernigan
(the engineer for the Petitioner). I also drew from my previous experience
with other special districts.
20. Do you have an opinion from an economic analysis perspective as to
whether the Clearwater Cay Community Development District is of
sufficient size, sufficient compactness and sufficient contiguity to be
developable as a functionally interrelated community?
Yes, I do. It is my opinion that the proposed district is of sufficient size,
sufficient compactness and is sufficiently contiguous to be developable as
one functionally interrelated community.
21. Do you have an opinion, from an economic analysis perspective as to
whether the proposed district is the best alternative available for
5
providing community development services and facilities to the area
proposed?
Yes, I do. It is my opinion that the Clearwater Cay Community
Development District would be the best alternative available to provide
community development services and facilities to the lands proposed to be
included within the district.
Regardless of the specific mechanism (i.e., MSTU/MSBUI other
dependent district) employed, the City would incur costs associated with
the financing and management of the construction. The source of the
necessary construction funds would be the City's general revenue fund or
issuance of additional debt through a depending taxing or assessing unit.
If general revenue is used, these costs, along with annual maintenance
costs, would be borne by all City residents, not just property owners within
the district. Financing improvements through the City even with an MSBU
would impact the City's total bonding capacity and would have a number
of management implications.
Private financing is difficult to obtain and when available, is very
expensive. This may result in housing that is less affordable or a
decrease in the level of services provided. In addition, annual
maintenance would likely be delegated to a homeowners association
which does not have the same legal backing to enforce assessments as
does a community development district.
With a community development district, the district incurs the cost of
issuing bonds or other indebtedness necessary to finance the construction
of the necessary infrastructure and will oversee and manage all phases of
construction. All costs associated with these activities will be borne only
by property owners within the district that benefit from the improvements.
No City general funds will be used and no costs will be incurred by any
City resident who does not purchase property within the district.
The district continues to operate and maintain the certain of the
infrastructure improvements and, often times, maintains the common
areas in the community. The district as special unit of local government is
a better alternative than the local government or the homeowners
association in addressing community matters within the area. It relieves
some of the demand on county or municipal government staff and the
strain on local government budgets, yet it can employ its own professional
staff to be more responsive to community concerns and more efficiently
resolve community issues than could a homeowners association.
22. Assuming the district issues bonds or other indebtedness to fund
infrastructure improvements, will the district likely issue more debt
6
than the actual construction costs estimated in the exhibits to the
Petition, as such exhibits have been supplemented?
My company, in its capacity as financial advisor, assists districts in
preparing a plan to finance not only the actual "hard" construction costs
but also to finance required reserve accounts, capitalized interest during
construction, issuance costs and other contingencies. As a rule of thumb,
a bond issuance, if undertaken by a district would be for an amount which
is approximately 25-35% higher than the final estimated construction
costs. It is my understanding that the dollars reflected in Exhibit F to the
Petition, as supplemented, are good faith best estimates of the
construction costs at this time but which may be increased or decreased
as more information is available closer to construction.
23. Does such a plan of finance take into account a mechanism to
address situations in which a landowner, developer, or builder
actually provides less units than were contemplated in the plans?
Yes, it does. It is typical that the assessment methodology adopted by the
district would account for these variables. We call this a true up process.
Essentially, while it is appropriate that a district consider the expected
number of units to be served by the district's, infrastructure improvement
program, it is not uncommon that those actual numbers change because
of changes in regulatory requirements, development plans, land use
approvals, or other matters. Any assessment lien imposed by a district
would be expected to include a provision for a developer to pay the district
for any reduction in units after the district has imposed assessments and
incurred debt so that the district continues to receive the revenue
expected when the plan of finance was sized and generated.
24. Do you have an opinion from an economic analysis perspective as to
whether the services and facilities to be provided by the district will
be incompatible with the uses and existing local and regional
facilities and services?
Yes, I do. It is my opinion that the services and facilities to be provided by
the proposed Clearwater Cay Community Development District are not
incompatible with uses and existing local and regional facilities and
services.
Any services required of the district are necessary to support new growth
in the area. A community development district must still adhere to higher
governmental rules, procedures and standards because they operate as
governments ensuring public oversight to avoid duplication or
incompatibility.
7
25. Do you have an opinion from an economic analysis perspective as to
whether to the area to be included is amenable to continue being
served by a separate special district government?
Yes, I do. It is my opinion that the area to be included within the district is
amenable to being served by a separate special district government.
26. What is the basis for your opinion?
Due to the size, complexity, and specialized nature of the improvements, a
need exists for professional organized management which is best
provided by a community development district and which will not burden
the City. The area within the proposed district is of sufficient size,
compactness, and contiguity and is economically viable, such that the
area to be served by the proposed district is clearly amenable to separate
special-district governance. The basis for my opinion is my experience
with other districts of similar size and configuration.
Now let's address certain special district management issues and
your opinions with regard to those issues.
27. Do you have an opinion, as someone experienced in district
management and operations, as to whether the proposed district is
the best available alternative for delivering community services and
facilities to the area that will be served?
Yes. The district is the best alternative available for delivering community
services and facilities to the area that will be served. The improvements
include certain roadway improvements, utility facilities, surface water
management and recreational facilities.
Looking at the alternatives, the City could finance and manage the
roadway, drainage, and recreational improvements utilizing special
assessments or general funds. The developer and/or a homeowner's
association could provide these facilities through private financing. In
evaluating these alternatives, one may consider whether the alternative is
able to provide the best focused service and facilities, can effectively and
efficiently manage and maintain the facilities, and whether the alternative
can secure low cost, long term public financing and pay for all of the
management benefits at sustained levels of quality.
The City clearly provides the long term perspective and serves as a stable
and relatively low cost source of financing and provider of services at
sustained levels. However, the City has substantial demands over a
broad geographical area which places a heavy management delivery load
on its staff. In addition, if dependent district financing were used, the City
8
would be responsible for all administrative aspects of the dependent
district. The City would have to make time and schedule meetings to
address monthly matters pertaining to the dependent district. By using a
dependent district mechanism, the City would be increasing its
responsibility and hence liability for the variety of actions that will take
place in the development. The City (through the dependent district) would
be the contracting party for all construction contracts, would have to deal
with bid documents and bid protests, enforce performance bonds and
participate in construction arbitration or litigation if necessary. It would
deal with delay claims and cost overruns and all the other headaches that
come with being the owner in a public construction process. A district can
be created to provide focused attention to a specific area in a cost
effective manner. It also allows the City to focus staff time, finances and
other resources else where and does not burden the general body of
taxpayers in the City with the debt association with this growth.
The other alternative is the use of private means - either through a
property owner's association or through the developer, or both in
combination. This combination can clearly satisfy the high demand for
focused service and facilities and managed delivery. However, only a
public entity can assure a long term perspective, act as a stable provider
of services and facilities, qualify as a lower cost source of financing, and
pay for and maintain services at sustained levels. Property owners'
associations lack the ability to effectively finance the improvements and
are not perpetual entities capable of sustained maintenance activities.
Furthermore, provision of these facilities through a POA or directly from
the developer does not provide the level of oversight and responsiveness
which comes with a community development district. Neither the
developer nor,a POA would be required to conduct all actions relating to
the provision of these improvements in the "sunshine" as a district must, or
abide by all other public access requirements which are incumbent upon a
district and its board of supervisors.
A community development district is an independent special purpose unit
of local government designed to focus its attention on providing the best
long-term service to its specially benefited properties and residents. It has
limited power and a limited area of jurisdiction and is governed by its own
Board and managed by those whose sole purpose is to provide to the
district long-term planning, management, and financing of these services
and facilities. This long-term management capability extends to the
operation and maintenance of the facilities owned by the district. Further,
the sources for funding and manner of collections of funds will assure that
the district facilities will be managed at the sustained levels of quality
desired by residents well into the future.
9
28. Do you have an OpiniOn, as someone experienced in district
management and operations, as to whether the area to be included
within the proposed district is of sufficient size, is sufficiently
compact, and sufficiently contiguous to be developable as one
functional, interrelated community?
Yes. The proposed district has sufficient land area, and is sufficiently
compact and contiguous to be developed, with the roadway, drainage,
utility and other infrastructure systems, facilities and services
contemplated, as one functionally interrelated community.
29. What is the basis for your opinion?
The size of the proposed Clearwater Cay Community Development
District is approximately 49.37 acres. I believe the district is of sufficient
size and is sufficiently compact and contiguous.
The qualities of compactness, contiguity, and size relate directly to
whether an area can become one functional interrelated community. The
area to be included within the district can be expected to succeed as a
functional, interrelated community from a district management
perspective. From the standpoint of the provision, management and
operation of the community infrastructure expected to be provided by the
proposed district, the acres contemplated for inclusion within the district is
sufficiently compact, contiguous and of sufficient size to maximize the
successful delivery of these infrastructure improvements to the land to be
served. These characteristics ensure that the delivery of services and
facilities to the land within the district will not be hampered by
insurmountable barriers or spatial problems. The area within the district is
suitably configured to maximize the benefits available from the district
services and facilities to be provided.
30. Do you have an opinion, as someone experienced in district
management and operations, as to whether the area that will be
served by the proposed district is amenable to separate special
district government?
Yes. The area to be served by the district, being of sufficient size,
compactness, and contiguity, is therefore, clearly amenable to separate
special-district governance. The configuration of the district is not unlike
other community development districts with which I have worked over
time.
31. What is the basis for your opinion?
Two criteria are needed to evaluate a land area as amenable to separate
special district governance.
10
1. Does the land area have need for the facilities and services and will
its owners and residents benefit from facilities that the special district
could provide? And
2. Is the land area of sufficient size, sufficient compactness, and
sufficiently contiguous to be the basis for a functional interrelated
community?
Under both criteria, the district is a planned community of sufficient size
with a need for the facilities and improvements which are presently
expected to be provided. As described in the Petition, the district will
construct and maintain certain identified needed facilities and services.
Based on my experience, a district of this size is large enough to
effectively provide and manage these facilities and services. Finally, the
area to be included in the district is compact and contiguous so that the
provision of services and facilities by separate special district government
will be facilitated. From a management and operations perspective, the
land area is well suited to the provision of the proposed services and
facilities. Ultimately, of course, if later circumstances would cause the City
to re-evaluate whether the land should continue as separate special
district government, the City has options under section 190.046(4), Florida
Statutes, to effectively assume the functions and obligations of a
community development district.
32. Do you have an opinion, as someone experienced in district
management and operations, as to whether the community
development services and facilities of the district will be
incompatible with the capacity and use of existing local and regional
community development services and facilities?
Yes. The proposed services and facilities of the district is not incompatible
with the capacity and uses of existing local or regional community
development services and facilities.
33. What is the basis for your opinion?
The petitioner presently expects the district to finance and construct
certain roadway, utility, drainage and recreation improvements. None of
the facilities expected to be provided by the district presently exist at a
local or regional level. Ultimately, a district may own and maintain certain
of those improvements, such as the recreation improvements and the City
may own and maintain others. However, . there will be no overlap,
duplication or incompatibility because the facilities and improvements
expected to be provided by the district do not exist today.
34. What, if any, impact will occur to City ad valorem tax revenues if the
District is created?
11
Positive impacts. At the request of the City, I performed an analysis which
is reflected in the table entitled "Calculation of Estimated Tax Revenues
for Clearwater Cay Club CDD Post Redevelopment" which is attached to
and incorporated in my testimony as Exhibit" A." This table reflects an
increase in ad valorem taxes of over $3 million.
35. Does that conclude your testimony?
Yes.
FURTHER YOUR AFFIANT SAITH NOT
STATE OF FLORIDA
COUNTY OF O('ClVl~ ~
AFFIX NOTARY STAMP
- I
Sworn to (or affirmed) and subscribed before me this 3 i';L day of
~~ lJ- <; +- , 2005, by Mr. Carey Garland.
l dU.. ~ C. m~\f\ tv:..
Sign t re of Notary Public
'Tud(t~ ft. M~ tv+e r
Print Notary Name
My Commission Expires:
Commission No.:
b<Personally known, or
/0 Produced Identification
Type of Identification Produced
JUDITH A. MINTER
My Comm Exp. 12115105
No. 00065372
Known 11 Other I.D.
# 419864 v1
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PRAGER, SEALY & co., LLC
INVESTMENT BANKERS
August 31, 2005
LG 3C, LLC, a Delaware limited liability company
To whom it may concern:
Prager, Sealy & Co, LLC is an invesonent bank which specializes in the formation
and underwriting of community development districts ("CDD") bonds. We represent Cay
Clubs on the Clearwater project and are currently forming The Clearwater Cay Community
Development District. The District is scheduled for a public hearing on September 15,
2005.
Once formed, the Clearwater CDD will be able to fund the project and any funds
received by the Developer in connection with the sale of property to the CDD can be used
for any purpose that the Developer chooses, including the repayment of the loan on the
shopping center.
Sincerely,
PRAGER, SEALY &Co., LLC
x~
Managing Director
200 SOUTH ORANGE AVENUE SUITE 1900 ORLANDO FLORJDA32801 4074819182 FAX 4078491496
~'.8.7
q - t ~ l~drob,,1"
AFFIDAVIT TO AUmORIZE AGENT
STATE OF FLORIDA
COUNTY OF ()-o.'"5~
THE GRAND BELLAGIO AT BA YW A TCH CONDOMINIUM ASSOCIATION, INC.,
a non-profit Florida corporation, being first duly sworn depose(s) and say(s):
1. THE GRAND BELLAGIO AT BA YW A TCH CONDOMINIUM
ASSOCIATION, INC., is the owner and record title holder of the property
described on Exhibit "A" attached hereto (the "Property").
2. That this Property constitutes a portion of the land for which a request for a
Community Development District is being applied for to the City Commission of
the City of Clearwater.
3. That the undersigned (haslhave) appointed W. Scott Callahan and Thomas A.
Cloud as (his/their) agent(s) to execute any permits or other documents necessary
to affect such permit.
4. That this affidavit has been executed to induce the City of Clearwater, Florida, to
consider and act on the above-described Property.
5. That the undersigned authority hereby certifies that the foregoing is true and
correct.
THE GRAND BELLAGIO AT
BAYWA TCH CONDOMINIUM
ASSOCIATION, INC., a non-profit Florida
corporationo
BY:U~ ~
Name: David W Schwarz
Title: President
STATE OF FLORIDA
COUNTY OF ()mTl~ <::...rJ..._L,
So>':-- ~I"JT)Q"
The foregoing instrument was acknowledged before me this I Y day of"ftrty, 2005 by
David W Schwarz, President of The Grand Bellagio at Baywatch Condominium Association,
Inc., a non-profit Florida corporation, who is personally known to me or who has produced _
as identification. -
LO~
Sic;ature of1r& ~ h
j. ~( o.J a.f[
Printed Name of Notary
Commission Expires:
U:IWSC.cli<nl DiRClOl)'\II37I04 J~3IAFFIDA vrr A\lIHORIZE AGENT . boII...,_doc
W.1C01T CALLAHAN
MV COMMISSION. DO am88
EXPIRES; JIIlUlry 17, aooa
IlIIlClIliTIIN ,.~
.. ..
/
EXHIBlf. "A-
DESCRIPTION 011' PROPERTY
A ccrtain S fOOl strip of land lying ill Seclion 20, Township 29 South, Range 16 BasI, Pinellas Counly, Florida, as
described ill OffICial Records Book 3528, Page 521 and being more particularly dcscribed as CoUow:
Commcllce al the Southwest COrDer ofaaid SectloD 20 and run South 89'19'48" East, along the Soulb line ofniAI Sectioo
20, a distance of 100.01 feet to the Po int oC B eginniDi, leaviDI said South line, Thence North 01'26'21" BasI, a dtslllDce
0(5.00 feet; TheDce South 89'19'48" But, a distanoe oC609.99 feet; Thence South 01 "26'21" West, a distance of5.00
feet; Thence North 89' 19'48" Well, a distance oC609.99 Ceet to the Point of Beginning.
~z.', 8.,
l1-1 -05 f-t:h'Cb.x-.
CONSENT AND JOINDER
TO PETITION TO ESTABLISH
COMMUNITY DEVELOPMENT DISTRICT
The Grand Bellagio at Baywatch Condominium Association, Inc., a non-
profit Florida corporation, by and through the undersigned hereby agrees and
consents to the establishment of a community development district with authority
to exercise all special and general powers upon the lands described in Exhibit uA-
attached hereto, pursuant to Chapter 190, Florida Statutes.
THE GRAND BELLAGIO AT
BA YWA TCH CONDOMINIUM
ASSOCIATION. INC.. a non-profit
Florida corporation
By: \J~ ~
David W Schwarz. a President
STATE OF FLO~DA .
COUNTY OF \-.....~
.-- Th~regoing instrument was acknowledged before me this ~ay of
~~ ' 2005 by David W Schwarz, as President, of The Grand
Bellagio at Baywatch Condominium Association, Inc., a non-profit Florida
corporation, who is personally known to me or who has produced
as identification.
W. SCOTT CAI.l.AHAN
MY COMMISSION' 00 2m88
EXPIRES: Jlnuary 27, 2008
...-'llwNOll/Y ~~
1
Printed Name of Notary
Commission Expires:
U:'wsc.aont~l_l~bOMgIo"".OOC
t 363309 v1
'.
.
.
CLEARWATER COMMUNITY DEVELOPMENT DISTRICT
A parcel of land in Sections 20 and 29, Township 29 South, Range 16
East, Pinellas County, Florida, being more particularly described as
follows:
Commence at the Southwest corner of said Section 20; thence along
the South line. of said Section 20,S89019148"E, a distance of 100.01
feet to the East right of way line of U.S. Highway 19 and the POINT
OF BEGINNING; thence N01026121"E, along said East right of way line,
a distance of 350.00 feet; thence S89019148',1E, parallel with said
South line of Section 20, a distance of 175.00 feet to the Southeast
corner of property conveyed in Official Records Book 13955" Page 418
of the Public Records of Pinellas County, Florida; thence
N01026'21"E, along the East line' of said property, a distance. of
200.00 feei t6 the Northeast corner, of ~aid .property; thence
N89.o19'48"W, along'the North line of said property, a di;:>tance of
175.00 feet to said East right of way line of U.S. Highway 19';,
thence N01~26121"E, along said Ea~t right of way line, a distance of
73.79 feet to the Southwest corner of property con~eyed in Official
Records Book 13618 , Page 304. of the Public' Records of Pinellas
County, Florida; thence S89019'48"E, along t'he South line of said
property, a distance .of 210.24 feet to the Southeast corner of said
property; thence N01026'~1"E, along the East line of said property,
a distance of 179.82 feet to the Northeast corner of said property;
thence N89019'48"W, along the North line of said p~operty, a
distance of 210.24 feet to said East right of way line of. U. S.
Highway. 19; thence N01026'21"E, alo~g said East' right ot way line, a,
distance of 361.95 feet; thence S89026'50"E, a distance o~ 885.00
feet; thence SOl026'21"W, a distance of 572.00 feet; thence
N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a.
distance of 246.00 feet; thence N89019'48"W, a distance of 12.00
feet; .thence SOl026'21"W, a distance of 349.37 feet to said South
linE~ of Section 20 and the North line of said Section 29; thence
589019' 48."~, along $aid South line and North line, a distance of
11.39 feet to Northeast corner of property conveyed in Official
Records Book 1076g,.Page 1415 of the Public Records of Pinellas
County, Florida;. thence SOO 027' 22"E, for 43.51 feet to the. Northwest..
corner .of property conveyed inOfficial Records Book 13805, Page 313
of the Public Records of'Pinellas County, Florida, said corner also
being a point of intersection with a non-tangent curve concave to
the South; thence Easterly along the arc of said curve with a radial
bearing SOO 027' 51"E, and having a radius of 35.00 feet, a central
angle of 14051' 42", an arc length of 9.08 feOet and a chord bearing
S83002'00"E, for 9.05 feet to the point of reverse curva~ure with a
curve conc'ave to the' North; thence Easterly along the arc of said
curve, having a radius of 35.00 feet, a central angle of 13043'39",
.
.
.
an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37
feet to the point of tangency; thence S89019'48"E, for 111.84 feet
to the point of intersection with a non-tangent curve concave to the
Northwest; thence Easterly along the arc of said curve with a radial
bearing NOO 0 40 '13 "E, and having a radius of 55.50 feet, a centrai
angle of 118044'08", an arc length of 115.01 feet and a chord
bearing N31 0 18' 08 "E, for, 95.51 feet to the point of intersection
wi t~ a non-tangent curve concave to the Northeast; then'ce
Southeasterly along the ,arc of said curve with a radial bearing
N61 056' 04 "E, and having a radius of 15.00 feet" a central angle of
46010'01", an arc 'length of 12.09 feet and a chord bearing
S51008'57"E, for 11.76 feet to the point of compound curvature with
a curve concave to the North; thence Easterly along the arc of said
curve, having a radius of 125.00 feet, a central angle of 56040'40",
an arc length of 123.65 feet and a chord bearing, N77 025' 43"E, for
118.67 feet to the point of reverse, curvature with a curve concave
to the ~outheast; thence Northeasterly along the arc of said curve,
having a radius of ,303.00 feet, a central angle' of 00031' 45", an arc
length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet
to the point of intersection with a non-tangent line; thence
N40022'52"W, for 14.84 feet to the point of intersection with a non-
tangent curve concave to the Northwest; thence Northeasterly along
the arc of said curve with a radial bearing N40043'39"W, and having
a r~dius of 74.87 feet, a central angle of 02040'04"" an arc length
of 3.49 .feet and a chord bearing N47056'19"E, for 3.49 feet to the
point of reverse curvature with a curve c'oncave to the Southeast;
thence Northeasterly along the ar~ of said curve, having a radius of
234.00 feet, a central angle of 34019'10", an arc length of 140.16
feet and a chord bearing N63045'52"E, for 138.08 feet to the point
, 0
of tangency; thenceN80055'27"E, for 97.25 feet; thence N56 01'58"E,
for 40.45 feet; thence' N78050'41i'E, for 127.14 feet; thence
S78023'09"E, for '24.44 feet; thence' Sll052'40"E, tor 9.10 feet;
thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82
feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for
134.85 feet; thence East, for 67.34 feet; thence S3S 008' 04 "E, for
12.67 feet; thence East, for 68.14 feet;, thence N54010'51"E, for
17. 03 feet ; thence, East, for 96. 27 feet; thence N55 005 'IS'''E, 'for
63.64 feet; thence East, for 25.42 feet to the point of curvature of
a curve concave to the'North; thence Easterly along the arc of said
curve, having a radius of 64.00 feet, a central an~le of 39042'28",
an arc length of 44.35 feet and a chord bearing N70 0 08' 46"E, for
43.47 feet to the point of reverse curvature with a curve concave to
the South; thence Northeasterly along the arc of said curve, having
a radius of 58.00' feet, a central angle of 36055'37", an arc length
of 37.38 feet and a 'chord bearing N68045'21"E, for 36.74 feet to the
point of reverse curvature' with a curve concave to the Northwest;
thence Easterly along the arc of said curve, having a radius of
.
'.
.
54.00 feet, a central angle of 87013'09", an arc length of 82.20
fe.et and a chord bearing N43036'34"E, for 74.49 feet to the point of
tangency; thence North, for 189.83 feet; thence S89019'09"E, for
779.97 feet; thence S60000'00"W, for 1333.52 feet; thence
S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to
the point of intersection with a non-tangent curve concave to the
Southeast; thence Southwesterly along the arc of said curve with a
radial bearing S52036'11"E, and having a radius of 1577.45 feet, a
central angle of 13022'27", an arc length of 368.22 feet and a chord
bearing S300 42' 35 "W, for 367.38 feet to the point of intersection
with a non-tangent line; .thence N89004'26"W, for 829.18 feet to the
Southeast corner of property conveyed in Official Records Book
10769, Page 1415 of the Public Records of Pinellas County, Florida;
thence N89021'00"W, along the' South line of said property, a
distance of 635; 75 feet to said East right of way line of U. S.
Highway 19; thence NOOo 51' 16"E, 'along said East ~ight of way line,
627.67 feet to the said POINT OF BEGINNING;
LESS AND EXCEPT the South 5.00 feet of the East 610.00 feet of the
West 710.00 feet of said Section 20, Township 2~ Soutl:1, Range 16
East, Pinell~s County, Florida;
LESS AND EXCEPT the following described parcel:
A pa~cel of land lying in the Southwest
Section 20, Township 29 South, Range
Florida, per Official Records Book 9527,
Pinellas County, Florida, being .more
follows:
1/4 of the So~thwest 1/4 of
16 East, Pinellas 'County,
Page 480, Public Records of
particularly described as
Corcunence at the Southwest corner of said Section 20 and run South
89019'48" East, ,100.00 feet to the East right-of-way line of U.S.
Highway 19; thence North 01026' 21" East along said East right-ot:-way
line, 5.00 feet to the POINT OF BEGINNING; thence continue North
01026' 21" East, along said 'East right-of-way line, 345.00 feet;
thence South 89019'48"" East, 252.55 feet; thence South 01026'21'''''
West, 345.00 feet; thence North '89019'48" West, 252.55 feet to the
P9INT OF BEGINNING.
Overall. property containing 49.369 acres, more or less.
TOGETHER WITH and SUBJECT TO an easement for ingress, egress,
drainage and utili ties created by documents recorded in Official
Records Book 10958, Page 299, Official Records Book 12557, Page
2644, and Official Records Book i0784, Page 1247 of the Public
Records of Pinellas County Florida, over, the following described
parcel:
.
.
.
A tract of land lying in Sections 20 and 29, Township 29 South,
Range 16 East, Pinellas County, Florida, being further described as
follows:
Commence at the Southwest corner of said Section 20; thence
S89019'48"E, along the South line of said Section 20 and the North
line of said Section 29, a distance of 100.01 feet t~ the East right
of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence
NO'! 026' 21 "E, along said East right of way line, a distance of 5.00
feet; thence S89019'48"E, parallel with said South line of Section
20, a distance of 610.00 feet; thence S01026'21"W, a distance of
5.00 feet to the North line of said Section 29; thence S89019'48"E,
along said North line, a .distance of 5.89 feet to a point of
intersection with a non-tangent curve concave to the Northwest;
thence Northeasterly along the arc of said cur.ve with a radial
bearing N35013'11"W, 'and having a radius of 35~00 feet; a central
angle of 300 38' 59", an arc length of 18.72 feet and a chord
bearing N39027'06"E, for 18.50 fe~t to the point of reverse
curvature with a curve concave to the Southeast; thence
Northeasterly 'along the arc of said curve, having a radius of 45;00
feet, a central angle of 660 32' 19" an arc length of 52.26 feet and
a chord bearing N57024'02"E, for 49.37 feet to the point of
tangency; thence S89019'48"E, ~or 15.64 feet to the point of
curvature of a curve concave to the North; thence Easterly al.ong the
arc of said curve, having a radius of 50.00 feet, a central angle of
39~ 25' 12", an arc length of 34.40 feet and a chord bearing
N70057'37"E, for 33.73 feet to the point of a reverse curve conc~ve
to the West; thence Southeasterly along the arc of said curve,
having ~ radius of 55.50 feet, a c~ntral angle of 2190 25' 12", an
arc length of 212.54 feet and a chord bearing S19002'23"E, for
104.50 feet to the po{nt of tangency; thence N89019'48"W, for 111.84
feet to the point of curvature of a curve concave to the North;
thenc~ Westerly along the arc of said curve, having a radi,us of
35.00 feet, a central angle of 130 43' 39"" an arc length of 8.39
feet and a chord bearing N82 027' 58"W, for 8.37 feet, to the point of
reverse curvature with a curve concave to the South; thence Westerly
along the arc of said curve, having a radius of 35.00 feet, a
central angle of 140 51' 42", an arc length of 9.08 feet and a chord
bearing N83002'OO"W, for 9.05 feet to a point of intersection with a
non-tangent line; thence S00027' 22"E, for 6.50. feet; thence
N89019'48"W, parallel with !3aid North line, a distance of 382.87
feet; thence S76044' 53"W, a distance of 57.73 feet; thence
S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel
wi th said North line, a distance of 126. 71 feet to said East right
of way line of U.S. Highway 19; thence NOOo51'16"E, along said East
.
.
.
right of way line, a distance of 67.00 feet to the POINT OF
BEGINNING.
Item 8.7 (CC 09-01-05)
Re: Scanned item
Refer to Report & Studies
Binder:
Petition to Establish the
Clearwater Cay Club Community
Development District
Thomas A Cloud
Frank Fleischer
Gray Robinson, P A
City Council
~,="'''''''' ASl~I,da f,~,~er Me,mora ndu n'L"",=~_,==,,,,_,
C-A--d
fO,l
Tracking Number: 1,525
Actual Date: 09/01/2005
Subiect / Recommendation:
Adopt Ordinance 7467-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to change the land use designation for certain real property
whose post office address is 1834 North Belcher Road from Industrial Limited to Commercial
General.
Originatino: City Attorney
Section: Second Readings - public hearing
Cateoorv: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
07/21/2005
Financial Information:
Review Aporoval
Pam Akin
08-09-2005
15:05:44
Cvndie Goudeau
08-17-2005
09: 12:32
ORDINANCE NO. 7467-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF NORTH BELCHER ROAD
APPROXIMATELY 100 FEET NORTH OF SUNNYDALE
BOULEVARD AND 600 FEET SOUTH OF SUNSET POINT
ROAD, CONSISTING OF LOT 1, MATHEWS/NIELSEN REPLAT,
WHOSE POST OFFICE ADDRESS IS 1834 NORTH BELCHER
ROAD, FROM INDUSTRIAL LIMITED TO COMMERCIAL
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 as follows:
Property Land Use Cateaorv
Lot 1, Mathews/Nielsen Replat, according From: Industrial Limited
to the map or plat thereof, as recorded in To: Commercial General
Plat Book 109, Page 36, Public Records of
Pinellas County, Florida.
(LUZ2005-03005)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7467-05
..
o
..
..
City Council
, Ag,~,!!da M~,~,ve~~,~.morandum.'"M'''
CA-- 3
~O.d
Tracking Number: 1,526
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7468-05 on second reading amending the zoning atlas of the city by rezoning
certain property whose post office address is 1834 North Belcher Road, from Industrial Research
Technology to Commercial.
Oriainatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:06:24
Cvndie Goudeau
08-17-2005
09:13:39
ORDINANCE NO. 7468-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF
NORTH BELCHER ROAD APPROXIMATELY 100 FEET NORTH
OF SUNNYDALE BOULEVARD AND 600 FEET SOUTH OF
SUNSET POINT ROAD, CONSISTING OF LOT 1,
MATHEWS/NIELSEN REPLAT, WHOSE POST OFFICE
ADDRESS IS 1834 NORTH BELCHER ROAD, FROM
INDUSTRIAL RESEARCH TECHNOLOGY TO COMMERCIAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Lot 1, Mathews/Nielsen Replat, according
to the map or plat thereof, as recorded in
Plat Book 109, Page 36, Public Records of
Pinellas County, Florida.
(LUZ2005-03005)
Zonino District
From: Industrial Research Technology
To: Commercial
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7467-05 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7468-05
City Council
,,=~g,!nda ~Qver Memoranflul!!"""
CA-~
!D.3
Tracking Number: 1,527
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7469-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to change the land use designation for certain real property
whose post office address is 1822 North Belcher Road from Industrial Limited to Commercial
General.
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aooroval
Pam Akin
08-09-2005
15:07:01
Cvndie Goudeau
08-17-2005
09:14:59
ORDINANCE NO. 7469-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE NORTHWEST CORNER OF SUNNYDALE
BOULEVARD AND NORTH BELCHER ROAD, CONSISTING OF
LOT 2, MATHEWS/NIELSON REPLAT, WHOSE POST OFFICE
ADDRESS IS 1822 NORTH BELCHER ROAD, FROM
INDUSTRIAL LIMITED TO COMMERCIAL 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 as follows:
Property Land Use Cateaorv
Lot 2, Mathews/Nielsen Replat, according From: Industrial Limited
to the map or plat thereof, as recorded in To: Commercial General
Plat Book 109, Page 36, Public Records of
Pinellas Count, Florida.
(LUZ2005-04006)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7469-05
...
o
,.
"
City Council
cA-5
/0, L-/
,,,,~,._,,~genct!._COY.~,.~....,,~~I11.C!~!.!!.!:!.~!!!-m..........=_==......._
Tracking Number: 1,528
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7470-05 on second reading, amending the zoning atlas of the city by rezoning
certain property whose post office address is 1822 North Belcher Road from Industrial Research
Technology to Commercial General.
Originating: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearina: Yes
Advertised DateS: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:08:52
Cvndie Goudeau
08-17-2005
09: 16:21
ORDINANCE NO. 7470-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED AT THE NORTHWEST
CORNER OF SUNNYDALE BOULEVARD AND NORTH
BELCHER ROAD, CONSISTING OF LOT 2,
MATHEWS/NIELSON REPLAT, WHOSE POST OFFICE
ADDRESS IS 1822 NORTH BELCHER ROAD, FROM
INDUSTRIAL RESEARCH TECHNOLOGY TO COMMERCIAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Lot 2, Mathews/Nielsen Replat, according
to the map or plat thereof, as recorded in Plat
Book 109, Page 36, Public Records of Pinellas
Count, Florida.
(LUZ2005-04006)
Zoninq District
From: Industrial Research Technology
To: Commercial
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7469-05 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7470-05
City Council
"""~"""~'"'' ~g,!!ndC!"","~,,9ver ,,~~mora.nJt~ m
CA-b
10.5
Tracking Number: 1,530
Actual Date: 09/01/2005
Subiect / Recommendation:
Adopt Ordinance 7471-05 on second reading, annexing certain real property whose post office
address is 1355 Union Street, into the corporate limits of the city, and redefining the boundary
lines of the city to include said addition.
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aooroval
Pam Akin
08-09-2005
15:27:09
Cvndie Goudeau
08-16-2005
14:36:57
ORDINANCE NO. 7471-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF UNION STREET AND EVERGREEN
AVENUE, CONSISTING OF LOTS 3, 4,5,6, AND 7, BLOCK D,
BROOKLAWN, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF UNION STREET, WHOSE POST OFFICE ADDRESS IS
1355 UNION STREET, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lots 3, 4, 5, 6, and 7, Brooklawn as recorded in Plat Book 13, Page 59, Public
Records of Pinellas County, Florida, together with the abutting right-of-way of
Union Street.
(ANX2005-04010)
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. 7471-05
City Council
Cover Memorandum
CA--7
10.6
Trackina Number: 1,531
Actual Date: 09/01/2005
Subiect / Recommendation:
Adopt Ordinance 7472-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post
office address is 1355 Union Street, upon annexation into the City of Clearwater, as Residential
Urban.
Originatina: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:28:14
Cvndie Goudeau
08-17-2005
10:26:06
ORDINANCE NO. 7472-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF UNION STREET AND EVERGREEN
AVENUE, CONSISTING OF LOTS 3, 4, 5, 6, AND 7, BLOCK D,
BROOKLAWN, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF UNION STREET, WHOSE POST OFFICE ADDRESS IS
1355 UNION STREET, 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 3, 4, 5, 6, and 7, Brooklawn as recorded in
Plat Book 13, Page 59, Public Records of Pinellas
County, Florida, together with the abutting
right-of-way of Union Street. (ANX2005-04010)
Land Use Cateaorv
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. 7471-05.
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. 7472-05
ater
City Council
_@......~~.!,.,.,...~over . ~.!~tl!!.Q.r~ nd u r!L..,.__..."".
CA--Ej
10.7
Tracking Number: 1,532
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7473-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 1355 Union Street, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Oriainatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:36:21
Cvndie Goudeau
08-17-2005
10:27:24
ORDINANCE NO. 7473-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF UNION STREET AND EVERGREEN AVENUE,
CONSISTING OF LOTS 3, 4, 5, 6, AND 7, BLOCK D,
BROOKLAWN, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF UNION STREET, WHOSE POST OFFICE ADDRESS IS
1355 UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lots 3, 4, 5, 6, and 7, Brooklawn as recorded
in Plat Book 13, Page 59, Public Records of
Pinellas County, Florida, together with the
abutting right-of-way of Union Street.
(ANX2005-04010)
Zonina District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7471-05.
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. 7473-05
...
o
..
..
City Council
,,,%_,~=%;~Q~n~!,,,,..,,~~ver,"" M~~.!!!.~,,!:! n~~!!!""'''''''_%''''''''';'WM'_
CA-g
\0.8
Tracking Number: 1,533
Actual Date: 09/01/2005
Subiect / Recommendation:
Adopt Ordinance 7477-05 on second reading, annexing certain real poperty whose post office
address is 2748 Shaddock Drive, into the corporate limits of the city, and redefining the boundary
lines of the city to include said addition.
Originating: City Attorney
Section: Second Readings - public hearing
Categorv: Second Reading
Public Hearinq: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aooroval
Pam Akin
08-09-2005
15:36:58
Cvndie Goudeau
08-17-2005
10:28:29
ORDINANCE NO. 7477-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF SHADDOCK DRIVE, APPROXIMATELY 400
FEET WEST OF CALAMONDIN LANE, CONSISTING OF LOT 13,
BLOCK 6, VIRGINIA GROVES ESTATES FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 2748 SHADDOCK DRIVE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block 6, Virginia Groves Estates First Addition, according to the plat
thereof, recorded in Plat Book 47, Pages 41-43, Public Records of Pinellas
County, Florida (ANX2005-04012)
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. 7477-05
City Council
Cover Memorandum
CA- -10
IO.<i
Tracking Number: 1,535
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7478-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post
office address is 2748 Shaddock Drive, upon annexation into the City of Clearwater, as Residential
Low.
Oriainating: City Attorney
Section: Second Readings - public hearing
Cateaory: Second Reading
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:44:21
Cvndie Goudeau
08-17-2005
10:30:24
ORDINANCE NO. 7478-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF SHADDOCK DRIVE, APPROXIMATELY 400
FEET WEST OF CALAMONDIN LANE, CONSISTING OF LOT 13,
BLOCK 6, VIRGINIA GROVES ESTATES FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 2748 SHADDOCK DRIVE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use CateQorv
Lot 13, Block 6, Virginia Groves Estates First Addition, Residential Low
according to the plat thereof, recorded in Plat Book 47,
Pages 41-43, Public Records of Pinellas County, Florida
(ANX2005-04012)
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. 7477-05.
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. 7478-05
City Council
".,.".,'@@.@~^g.!tnda,,~,!>ver M,~I!I,~I! nd u I!!"",@_=",~,
CA- JI
10.10
Tracking Number: 1,537
Actual Date: 09/01/2005
Subject I Recommendation:
Adopt Ordinance 7479 on second reading, amending the zoning atlas of the city by zoning certain
real property whose post office address is 2748 Shaddock Drive, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section: Second Readings - public hearing
Cateoory: Second Reading
Public Hearino: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aoproval
Pam Akin
08-09-2005
15:45:01
Cvndie Goudeau
08-17-2005
10:31:20
ORDINANCE NO. 7479-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF SHADDOCK DRIVE, APPROXIMATELY 400 FEET WEST OF
CALAMONDIN LANE, CONSISTING OF LOT 13, BLOCK 6,
VIRGINIA GROVES ESTATES FIRST ADDITION, WHOSE POST
OFFICE ADDRESS IS 2748 SHADDOCK DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 13, Block 6, Virginia Groves Estates First Addition,
according to the plat thereof, recorded in Plat Book 47,
Pages 41-43, Public Records of Pinellas County, Florida
(ANX2005-04012)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7477-05.
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. 7479-05
City Council
Cover Memorandum
CA - Jd
\0. \ 1
Tracking Number: 1,538
Actual Date: 09/01/2005
Subiect / Recommendation:
Adopt Ordinance 7480-05 on second reading, annexing certain real property whose post office
address is 3000 Lake Vista Drive, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Originating: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:48:05
Cvndie Goudeau
08-17-2005
10:32:55
ORDINANCE NO. 7480-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF LAKE VISTA DRIVE, APPROXIMATELY 250
FEET WEST OF MOSS AVENUE, CONSISTING OF LOT 6,
BLOCK F, KAPOK TERRACE, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF LAKE VISTA DRIVE, WHOSE
POST OFFICE ADDRESS IS 3000 LAKE VISTA DRIVE, INTO
THE CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 6, Block F, Kapok Terrace, according to the plat thereof as recorded in Plat
Book 36, Page 14, Public Records of Pinellas County, Florida, together with the
abutting right-of-way of Lake Vista Drive. (ANX2005-04013)
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. 7480-05
po
..
City Council
"",,_~g~ndC!,,~CoVffi~ffi~=~~m~ra ndJ!=I!L-,,,,,_,,,.,",,,,,_==
~{~ - 13
16. 1;;J
Tracking Number: 1,539
Actual Date: 09/01/2005
Subiect / Recommendation:
Adopt Ordinance 7481-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post
office address is 3000 Lake Vista Drive, upon annexation into the City of Clearwater, as
Residential Low.
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:48:39
Cvndie Goudeau
08-17-2005
10:33:47
ORDINANCE NO. 7481-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF LAKE VISTA DRIVE, APPROXIMATELY 250
FEET WEST OF MOSS AVENUE, CONSISTING OF LOT 6,
BLOCK F, KAPOK TERRACE, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF LAKE VISTA DRIVE, WHOSE
POST OFFICE ADDRESS IS 3000 LAKE VISTA DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 6, Block F, Kapok Terrace, according to the plat
thereof as recorded in Plat Book 36, Page 14, Public
Records of Pinellas County, Florida, together with the
Abutting right-of-way of Lake Vista Drive.
(ANX2005-04013)
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7480-05.
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. 7481-05
City Council
=""%,%.,,,%,,*~9!,~1~a. ~~~"v~r %~t~,,!!!,~,!:,!,~U m,,,,,,,%ru_.ru
C-A-14
\0.13
Trackina Number: 1,540
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7482-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 3000 Lake Vista Drive, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:49: 15
Cvndie Goudeau
08-17-2005
10:34:52
ORDINANCE NO. 7482-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF LAKE VISTA DRIVE, APPROXIMATELY 250 FEET WEST OF
MOSS AVENUE, CONSISTING OF LOT 6, BLOCK F, KAPOK
TERRACE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY
OF LAKE VISTA DRIVE, WHOSE POST OFFICE ADDRESS IS
3000 LAKE VISTA DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 6, Block F, Kapok Terrace, according to the plat
thereof as recorded in Plat Book 36, Page 14, Public
Records of Pinellas County, Florida, together with the
abutting right-of-way of Lake Vista Drive
(ANX2005-04013)
Zoninq District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7480-05.
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. 7482-05
City Council
l 0 ' Iz{
"''''',..,..,,~..~.a C!:!,,~!!r~..~m.!:!,!:~...,~du m="'"...,.,,,_......,....,,,_..,,..,..,,,..,..,,,,,....,,..,.._,,..,,""...,,,..",.""..'",00__..",,,,,
CA-- l5
Trackina Number: 1,541
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7483-05 on second reading, annexing certain real property whose post office
address is 1555 Bonair Street, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Oriainatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:50:03
Cvndie Goudeau
08-17-2005
09:04:01
Ro c-\'\ .. t <;
ORDINANCE NO. 7483-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF WOOD AVENUE, BETWEEN BONAIR STREET
AND PALMETTO STREET, CONSISTING OF LOTS 1, 2, AND 3,
BLOCK "A", BONAIR HILLS SUBDIVISION, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET AND
WOOD DRIVE, AND LOT 4 AND THE EAST ONE-HALF OF LOT
5, BLOCK "A", BONAIR HILL SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1555 BONAIR STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Legal description attached hereto
(ANX2005-04014 )
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. 7483-05
Parcel I:
Lots 1, 2, and 3, Block "A" of Bonair Hills Subdivision according to map thereof recorded in Plat
Book 26, Page 108, Public Records of Pinellas County, Florida, together with the abutting right-
of-way of Palmetto Street and Wood Drive.
Parcell! :
Lot 4 and the east one-half of Lot 5, Block "A" of Bonair Hill Subdivision according to map thereof
recorded in Plat Book 24, Page 108, Public Records of Pinellas County, Florida.
Ordinance No. 7483-05
City Council
",.,__~g,~!:!,da*~~ve~J~*~,!!!~!!,Ild u m ,*""",*_"",,,*,,,
CJ+- 16
\ (j, \5
Tracking Number: 1,542
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7484-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1555 Bonair Street, upon annexation into the City of Clearwater, as Residential
Low.
Oriainating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aooroval
Pam Akin
08-09-2005
15:50:38
Cvndie Goudeau
08-17-2005
09:05:47
~ : Cf\ - \(0
ORDINANCE NO. 7484-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF WOOD AVENUE, BETWEEN BONAIR STREET
AND PALMETTO STREET, CONSISTING OF LOTS 1, 2, AND 3,
BLOCK "A", BONAIR HILLS SUBDIVISION, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET AND
WOOD DRIVE, AND LOT 4 AND THE EAST ONE-HALF OF LOT
5, BLOCK "A", BONAIR HILL SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1555 BONAIR STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Legal description attached hereto
(ANX2005-04014 )
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7483-05.
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. 7484-05
Parcell:
Lots 1, 2, and 3, Block "A" of Bonair Hills Subdivision according to
map thereof recorded in Plat Book 26, Page 108, Public Records of
Pinellas County, Florida, together with the abutting right -of-way of
Palmetto Street and Wood Drive.
Parcel II:
Lot 4 and the east one-half of Lot 5, Block "A" of Bonair Hill
Subdivision according to map thereof recorded in Plat Book 24,
Page 108, Public Records of Pinellas County, Florida.
Ordinance No. 7484-05
City Council
Cover Memorandum
CJ~- J 7
IO.lb
Trackina Number: 1,543
Actual Date: 09/01/2005
Subject / Recommendation:
Adopt Ordinance 7485-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 1555 Bonair Street, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aooroval
Pam Akin
08-09-2005
15:51:12
Cvndie Goudeau
08-17-2005
09:03:06
ORDINANCE NO. 7485-05
02_. C-A -\ r-r
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
WOOD AVENUE, BETWEEN BONAIR STREET AND PALMETTO
STREET, CONSISTING OF LOTS 1, 2, AND 3, BLOCK "A",
BONAIR HILLS SUBDIVISION , TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF PALMETTO STREET AND
WOOD DRIVE, AND LOT 4 AND THE EAST ONE-HALF OF LOT
5, BLOCK "A", BONAIR HILL SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1555 BONAIR STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Legal description attached hereto
(ANX2005-040 14)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7483-05.
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. 7485-05
Parcell:
Lots 1, 2, and 3, Block "A" of Bonair Hills Subdivision according to map thereof recorded in Plat
Book 26, Page 108, Public Records of Pinellas County, Florida, together with the abutting right -
of-way of Palmetto Street and Wood Drive.
Parcel II :
Lot 4 and the east one-half of Lot 5, Block "A" of Bonair Hill Subdivision according to map thereof
recorded in Plat Book 24, Page 108, Public Records of Pinellas County, Florida.
Ordinance No. 7485-05
04-\~
City Council
Cover Memorandum
10. ~7
Trackino Number: 1,547
Actual Date: 09/01/2005
Subject / Recommendation:
Continue adoption of Ordinance 7491-05 on second reading, vacating the portion of Rollen Road
Right-of-Way that lies between Lot 1, Block E., Pine Ridge, and Lot 1, Block E, Pinebrook
Highlands, subject to a drainage and utility easement which is retained over the full width thereof
to September 15, 2005.
Summary:
Due to the Tampa Tribune failing to publish the required advertisement, second reading of this
oridinance needs to be continued.
Originatino: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 08/21/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:54:07
Cvndie Goudeau
08-26-2005
11:06:36
~: CA -\ ~
ORDINANCE NO. 7491-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THAT PORTION OF ROLLEN ROAD
RIGHT-OF-WAY THAT LIES BETWEEN LOT 1, BLOCK E,
PINE RIDGE AND LOT 1, BLOCK E, PINEBROOK
HIGHLANDS SUBJECT TO A DRAINAGE AND UTILITY
EASEMENT WHICH IS RETAINED OVER THE FULL
WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Matthew W. Thompson, 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, FLORI DA:
Section 1. The following:
Portion of Rollen Road right-of-way that lies between Lot 1, Block E, Pine Ridge,
as recorded in Plat Book 28, Page 98, Official Records of Pinellas County, Florida,
and Lot 1, Block E, Pinebrook Highlands, as recorded in Plat Book 30, Page 63,
Official 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
Ordinance No. 7491-05
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. 7491-05
C,(\ . \ (1
ater
City Council
Cover Memorandum
10.18
Trackina Number: 1,548
Actual Date: 09/01/2005
Subject / Recommendation:
Continue the adoption of Ordinance 7492-05 on second reading, vacating the drainage and utility
easement described as the south twenty feet of the vacated north one-half of Chautauqua
Boulevard, lying south of Blocks Forty and Forty-one, bounded on the east by the westerly
right-of-way line of Lake Shore Drive, and on the west by the southerly extension of the west
property line of Lot 11, Block 40, Chautauqua Unit 1, Section A to September 15, 2005.
Summary:
Due to the Tampa Tribune failing to publish the required advertisement, second reading of this
ordinance needs to be continued.
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:41:46
Cvndie Goudeau
08-26-2005
11 :02: 13
~: Cli-IS
ORDINANCE NO.7 492-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE DRAINAGE AND UTILITY
EASEMENT DESCRIBED AS THE SOUTH TWENTY FEET
OF THE VACATED NORTH ONE-HALF OF CHAUTAUQUA
BOULEVARD LYING SOUTH OF BLOCKS FORTY AND
FORTY-ONE, BOUNDED ON THE EAST BY THE
WESTERLY RIGHT-OF-WAY LINE OF LAKE SHORE
DRIVE AND ON THE WEST BY THE SOUTHERLY
EXTENSION OF THE WEST PROPERTY LINE OF LOT 11,
BLOCK 40, CHAUTAUQUA UNIT 1, SECTION A;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sean P. Cashen, P.E., owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The drainage and utility easement described as the south 20 feet of the vacated
north one-half of Chautauqua Boulevard lying south of Blocks 40 and 41, bounded
on the east by the westerly right-of-way line of Lake Shore Drive and on the west
by the southerly extension of the west property line of Lot 11, Block 40,
Chautauqua Unit 1, Section A as recorded in Plat Book 9, Page 52, 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
Ordinance No. 7492-05
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. 7492-05
..
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..
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City Council
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CA-dO
10- tq
Trackinq Number: 1,544
Actual Date: 09/01/2005
Subiect / Recommendation:
Continue adoption of Ordinance 7486-05 on second reading, annexing certain real property whose
post office address is 2695 Second Avenue South, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition to October 20, 2005.
Summary:
This ordinance passed first reading at the August 15, 2005 Council meeting. Subsequent to that
it was discovered the related Land Use Plan ordinance had an error in its title, requiring
re-advertsing and re-processing.
Originatinq: City Attorney
Section: Second Readings - public hearing
Cateqorv: Second Reading
Public Hearinq: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Approval
Pam Akin
08-09-2005
15:52:04
Cvndie Goudeau
08-24-2005
15:28:24
ORDINANCE NO. 7486-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND
AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING
OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A,
CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED
PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-
OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE
SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND
AVENUE SOUTH, 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 legal description attached hereto.
(ANX2005-04015)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
Ordinance No. 7486-05
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. 7486-05
tet
City Council
Cover Memorandum
CA-C1\
IO.dO
Tracking Number: 1,545
Actual Date: 09/01/2005
Subiect / Recommendation:
Continue adoption of Ordinance 7487-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2695 Second Avenue South, upon annexation into the City of
Clearwater, as Residential Single and Preservation to October 20, 2005.
Summarv:
This Ordianance passed first reading at the August 15, 2005 Council meeting. Subsequent to that
it was dicovered an error in the title requires this ordinance to be advertised and re-processed.
The designation should be Residential Suburban not Residential Single. The related Annexation
and Zoning ordinances will also need to be continued.
Originatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aoproval
Pam Akin
08-09-2005
15:52:43
Cvndie Goudeau
08-24-2005
15:25:25
ORDINANCE NO. 7487-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND
AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING
OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A,
CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED
PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-
OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE
SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND
AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL SINGLE AND
PRESERVATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use CateQorv
See legal description attached hereto
(ANX2005-04015)
Residential Single and
Preservation
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. 7486-05.
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. 7487-05
atet
City Council
,~~~~,!:!!:!a 'M~~,v~r~.~!1~Ml1!o r~ n!:!,.,~..I'!!_...
~A -Ja
10- d)
Tracking Number: 1,546
Actual Date: 09/01/2005
Subject / Recommendation:
Continue adoption of Ordinance 7488-05 on second reading, amending the zoning atlas of the city
by zoning certain real property whose post office address is 2695 Second Avenue South, upon
annexation into the City of Clearwatert as Low Density Residential (LOR) and Preservation (P) to
October 20, 2005.
Summary:
This ordinance passed first reading at the August 15, 2005 Council meeting. Subsequent to that
it was dicovered the related Land Use Plan ordinance had an error in its title, requiring
readvertsing and reprocessing.
Originatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/21/2005
Financial Information:
Review Aooroval
Pam Akin
08-09-2005
15:53:26
Cvndie Goudeau
08-24-2005
15:31:09
ORDINANCE NO. 7488-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
CHAUTAUQUA AVENUE, BETWEEN SECOND AVENUE SOUTH
AND THIRD AVENUE SOUTH, CONSISTING OF A PORTION OF
BLOCK 37, UNIT NO.1, SECTION A, CHAUTAUQUA ON THE
LAKE AND TWO UNPLATTED PARCELS WITHIN SECTION 32,
TOWNSHIP 28 SOUTH, RANGE 16 EAST, TOGETHER WITH
THE ABUTTING RIGHTS-OF-WAY OF SECOND AVENUE
SOUTH AND THIRD AVENUE SOUTH, WHOSE POST OFFICE
ADDRESS IS 2695 SECOND AVENUE SOUTH, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P);
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
Legal description attached hereto
(ANX2005-040 14)
Zonino District
Low Density Residential (LDR)
Preservation (P)
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. 7486-05.
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. 7488-05
r
6u-5
~~
u~
City Council
Cover Memorandum
II. I
Tracking Number: 1,512
Actual Date: 09/01/2005
Subject / Recommendation:
Amend Council Policy "I", Enterprise Fund Transfer Payment, to reflect an increase in the
percentage to be used to calculate the payment in lieu of taxes (PILOT).
Summary:
The City Council adopted a policy in April 1989 to charge some enterprise funds a fee considered
to be a payment in lieu of taxes.
The amount, equivalent to 4.5% of prior year gross revenues, replaced prescribed dollar
amounts that were charged prior to 1989.
Staff now proposes that the rate of 5.5% of prior year gross revenues be established as an
appropriate amount to be considered as reimbursement in lieu of taxes, and that this rate be
effective for FY 2005/06.
A revised policy "I" is attached to this item for review.
Originating: Budget Office
Section Consent Agenda
Category: Other
Public Hearing: No
Financial Information:
~ Other
Bid Reauired? No
Bid Exceptions:
Other
Other Contract?
Amends policy, does not purchase goods or services.
In Current Year Budget?
No
Budget Adiustment:
No
Review Approval
Tina Wilson
08-10- 2005
14:41 :51
,
~~
u~
City Council
Cover Memorandum
Bill Horne
08-17-2005 12:42:56
Cvndie Goudeau
08-22-2005 08:32:27
Garry Brumback
08-17-2005 10:28:45
,
I.
Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific
enterprise operations designated by the City Council shall annually transfer to the
General Fund an amount determined appropriate to be considered
reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross
revenues.
April 1989 policy adopted by the City Council established this rate at 4.5%
of prior-year gross revenues. This proportionate rate was adopted to
accommodate growth, and replaced prior years' policy of a prescribed
dollar contribution. Other than the exceptions noted below, the rate of
4.5% remained in effect until the City Council adopted the amended rate
of 5.5% in September 2005.
Upon adoption of the Gas Strategic Plan and Gas Rate Case in fiscal year
1995/96, the Council agreed to replace the Gas Support contribution with
a franchise fee from natural gas customer accounts payable to the
General Fund. This, in combination with the Gas dividend, offered the
General Fund the same or greater level of support as fiscal year 1995/96.
The Gas System Dividend will be a minimum of $1,000,000 plus a PILOT
(Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be
paid by the Gas Franchise Fees to offset such PILOT payment. When the
Gas System Net Income less Bond Interest Earnings exceeds $2.0 ~
million for any fiscal year, the Gas Dividend payment for the next fiscal
year will be one half of that amount.
In September 2000, with the adoption of the 2001/02 Annual Operating
Budget, the City Council expanded this policy, which had previously been
imposed only on the utility enterprises, to include an annual payment in
lieu of taxes from the Marine and Aviation Fund. At the current time, the
Parking Fund has not been imposed such a payment.
, \. \
/ ^C ;,v)
( I Ie.
atet
City Council
Cover Memorandum
s'D- \
II. d
Tracking Number: 1,534
Actual Date: 09/01/2005
Subject / Recommendation:
Approve Brownfields Site Rehabilitation Agreement (BSRA) #BF529701004 for the property
consisting of 3.442683 acres, more or less, known as the Clearwater Automotive site generally
located at 205 S. Martin Luther King, and authorize appropriate officials to execute same.
Summary:
On July 17, 2003, the City Council approved the City of Clearwater to obtain subject property for
a total consideration not to exceed $1,200,000. Due to the "value added" incurred in obtaining
these parcels, the city accepted these parcels "as is" and without warranties. As a result, the City
is responsible for the demolition of all structures, and for any future environmental due diligence
and mitigation. As part of the agreement, the former owners of the property have leased the
property and will need to have vacated the property on or before October 29, 2005.
Over the past two years, the City has completed Phase 1 and Phase 2 environmental assessment
activities at this property to prepare the site for a request for proposals for redevelopment
opportunities. Prior to any further activities, the BSRA is a requirement to enable the following:
. prompt review of all remaining environmental documents,
. receipt of marketable state remediation tax credits,
. use of federally-awarded Brownfields Revolving Loan Funds, and
. assure that additional liability protections contained in the Brownfields Redevelopment Act can
be offered to the City of Clearwater and or its successors or assigns.
Tampa Bay Engineering (TBE), as our environmental consultant on this project, prepared the
BSRA. As required by Chapter 376.80 Florida Statutes, the City and TBE presented the draft
BSRA and a summary of environmental findings and recommendations to the Brownfields
Advisory Board at its May 18, 2005 quarterly meeting. The draft BSRA was submitted to FDEP for
review. FDEP has accepted the BSRA and the City now needs to execute the BSRA.
Upon execution of this agreement by all parties, the next step will be for the City to conduct
remedial activities, which will include multiple tasks:
. pre-demolition asbestos survey,
. interim source removal plan,
. FDEP approval,
. asbestos abatement,
. demolition of structures, and
. interim source removal reports.
Currently, it is estimated that the remedial activities for this project will be paid from the
Brownfields Revolving Loan Fund. Any additional funds needed for remedial activities will be
fronted by the Brownfields Program or the Community Redevelopment Agency and refunded when
the property is sold.
Originatina: Economic Development and Housing
Section: Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearina: No
ster
City Council
Cover Memorandum
Financial Information:
Review Approval
Geraldine Camoos 08-08-2005 16:58:15
Geraldine Camoos 08-12-2005 17:08: 12
Garry Brumback 08-22-2005 11:45:38
Geraldine Camoos 08-08-2005 16:58:58
Leslie Douaall-Sides 08-15-2005 09:43:16
Bill Horne 08-22-2005 15:28:49
Tina Wilson 08-22-2005 11 :35: 10
Cyndie Goudeau 08-24-2005 08:53:03
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
R~ ~ En.--. \
ll, J
IN RE:
City of Clearwater
Clearwater Automotive Site
205 South Martin Luther King Avenue, Clearwater Florida, 33756
Clearwater Brownfields Area
Brownfield Area Identification Number: BF529701004
BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO 9376.80(5),
Florida Statutes (F.S.)
WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public
health and environmental hazards on existing commercial and industrial sites by offering
incentives to encourage responsible persons to voluntarily develop and implement
cleanup plans; and
WHEREAS, the Department of Environmental Protection ("Department") is the
administrative agency of the State of Florida having the power and duty to protect Florida's
environment and to administer and enforce the provisions of Chapters 403, F.S. and 376,
F.S., and the rules promulgated thereunder, Florida Administrative Code Rules (F.A.C.),
Chapters 62-777 and 62-785; as amended, and
WHEREAS, the Department has jurisdiction over the matters addressed in this
Brownfield Site Rehabilitation Agreement; and
WHEREAS, the Department, has the authority, pursuant to 9376.81, F.S., to
establish by rule, criteria for determining the rehabilitation program tasks that comprise a
site rehabilitation program and the level at which a rehabilitation program task and a site
rehabilitation program may be completed; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, it is agreed as follows:
This Brownfield Site Rehabilitation Agreement ("BSRA") is entered into between the
Department and City of Clearwater, hereinafter the Person Responsible For Brownfield
Site Rehabilitation ("PRFBSR") (collectively as the "parties"), for the rehabilitation of a
brownfield site within a designated brownfield area pursuant to ~376.80(5), F .S. The
Department and the PRFBSR agree to the following:
Page 1 of 16
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701 004
1. DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department is the agency of the State of Florida with authority and power to
enforce the provisions of Chapters 376 and 403, F.S.
2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION
The City of Clearwater is the PRFBSR as defined in 9376.79(13), F.S., for the real
property described in the map and legal description attached as Attachment A (the
"Brownfield Site"), incorporated herein, that has been designated by the City of
Clearwater in Resolution Number 02-15 on March 7, 2002 as a brownfield area as
defined in 9376.79(4), F.S. Attachment A is a composite exhibit that includes: (a)
the legal description and location map of the Brownfield Site; and (b) the city
resolution with the map of the designated brownfield area and its legal description.
3. PRFBSR'S DUTIES
The PRFBSR agrees:
(a) to conduct "site rehabilitation" as defined in 9376.79(17), F.S., at the real
property described in Attachment A;
(b) to conduct site rehabilitation and submit technical reports and rehabilitation
plans in a timely manner according to the attached brownfield site
rehabilitation schedule agreed upon by the parties (see Attachment B), and
incorporated herein;
(c) to conduct site rehabilitation activities under the observation of professional
engineers or professional geologists who are registered in accordance with
the requirements of 9471, F.S., or 9492, F.S., respectively. Submittals
provided by the PRFBSR must be signed and sealed by a professional
engineer registered under Chapter 471, F.S., or by a professional geologist
registered under Chapter 492, F.S., certifying that the submittal and
associated work comply with the laws and rules of the Department and those
governing the profession. Upon completion of the approved remedial action,
a professional engineer registered under Chapter 471, F.S., or a
professional geologist registered under Chapter 492, F.S., must certify that
the corrective action. was, to the best of his or her knowledge, completed in
substantial conformance with the plans and specifications approved by the
Department;
(d) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as
the same may be amended from time to time;
Page 2 of 16
BSRA-Brownfield Site ID # BF529701 004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701 004
(e) to obtain any local, state or federal approvals or permits required for the site
rehabilitation work and to conduct the necessary site rehabilitation consistent
with local, state, and federal laws, rules and ordinances. All site
rehabilitation shall be consistent with the cleanup criteria in 9376.81, F.S.,
the requirements of Chapters 62-785, F.A.C., Brownfields Cleanup Criteria,
and 62-777, F.A.C., Contaminant Cleanup Target Levels, adopted pursuant
thereto;
(f) to allow access by the Department during the entire site rehabilitation
process as evidenced by the attached documentation (see Attachment C)
incorporated herein, establishing that such site access has been secured by
agreement with the PRFBSR. Upon the transfer of any real property interest
in any portion of the Brownfield Site before site rehabilitation is complete, the
PRFBSR shall submit to the Department within 15 days of the execution of
the real property interest document (or if there is no written document, then
15 days from the date that such an interest is effective) a copy of an access
agreement in substantially the same form as that in Attachment C with any
successor in interest to the PRFBSR as owner of the Brownfield Site or with
any party with an interest in the real property after the effective date of this
agreement, granting such access to the Department; and
(g) to consider appropriate pollution prevention measures and to implement
those that the PRFBSR determines are reasonable and cost-effective, taking
into account the ultimate use or uses of the real property described in
Attachment A.
4. CERTIFICATION
The PRFBSR has certified that a fully executed agreement exists between the
PRFBSR and the local government with jurisdiction over the real property described
in Attachment A. The executed agreement shall contain the terms for the
redevelopment of the real property. A copy of the PRFBSR's certification is
attached as Attachment D.
5. PROPERTY COORDINATES AND ACREAGE
The latitude and longitude coordinates in minutes, degrees and seconds, datum
used, collection method, and accuracy of collection method used to determine the
coordinates for the real property described in Attachment A are:
Latitude (in degrees, minutes and seconds): 27 deqrees, 57 minutes, 45.40
seconds
Longitude (in degrees, minutes and seconds): 82 dearees. 47 minutes. 29.07
seconds
Page 3 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BF529701004
Datum Used (NGVD of 1929 or NAVD of 1988): NGVD of 1929: NAD 27
(Horizontal Datum)
Collection Method: CSUR
Map Source (if applicable): Pinellas County Property Appraiser
Map Source Scale (if applicable): 1:100
Object of Interest: Center of Site Boundarv
Relationship of Point to Object of Interest: CENTR
Coordinate Accuracy Level:
+/- 00 0' 0.5"
The property consists of 3.442683 acres.
6. SITE CONTRACTOR
The PRFBSR must ensure that that the contractor who is performing the majority of
the site rehabilitation program tasks pursuant to this BSRA or supervising the
performance of such tasks by licensed subcontractors in accordance with the
provisions of 9 489.113(9), F.S., has provided certification to the Department that
the contractor meets the requirements listed below. If the identity of the contractor
is known at the time of the execution of this BSRA, a Brownfields Redevelopment
Program Contractor Certification Form (CCF) shall be completed and attached as
part of Attachment E to this BSRA, along with original copies of insurance
certificates and all other documentation required below. If the contractor has not
yet been determined, the PRFBSR shall ensure that the CCF and all other
documentation required in this section are submitted to the District Brownfield
Coordinator and approved by the Department before the contractor begins
performing any site rehabilitation tasks at the site.
The PRFBSR must submit to the Department documentation as Attachment F,
which shows a National Environmental Laboratory Accreditation Program-"NELAP"
recognized authority has accredited the laboratory(s) performing analysis.
Requirements for any contractor that performs site rehabilitation tasks at the site
are as follows:
(a) documentation in accordance with the provisions of the paragraph above
and with Attachments E and F, if applicable, showing that any contractor
that performs site rehabilitation tasks:
(i) meets all certification and license requirements imposed by law; and
Page 4 of 16
BSRA-Brownfield Site ID # BF529701004
City of ClealWater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
(ii) performs or has laboratory analysis performed pursuant to National
Environmental Laboratory Accreditation Program ("NELAP")
certification requirements and performs or has field sampling work
performed in accordance with the Standard Operating Procedures
provided in Chapter 62-160, F.A.C., as amended, if applicable to
performance of site rehabilitation tasks; and
(b) certification to the Department that the contractor who is performing the
majority of the site rehabilitation program tasks pursuant to this BSRA or
supervising the performance of such tasks by licensed subcontractors in
accordance with the provisions of 9489.113(9), F.S.:
(i) complies with applicable OSHA regulations;
(ii) meets all certification and license requirements imposed by law;
(ii) maintains workers' compensation insurance for all employees as
required by the Florida Workers' Compensation Law;
(iii) maintains Comprehensive General Liability coverage with minimum
limits of not less than $1 million per occurrence and $2 million general
aggregate for bodily injury and property damage;
(iv) maintains Comprehensive Automobile Liability coverage with
minimum limits of not less than $2 million combined single limit;
(v) maintains Pollution Liability coverage with limits of not less than $3
million aggregate for personal injury or death, $1 million per
occurrence for personal injury or death, and $1 million per occurrence
for property damage;
(vi) maintains and lists the State as an additional insured on the
contractor's Certificate of Insurance certificates by naming the State
as an Additional Insured party; and
(iv) maintains Professional Liability coverage of at least $1 million per
claim and $1 million annual aggregate.
7. CONTINUANCE OF COMPLIANCE
During the entire site rehabilitation process, the PRFBSR agrees to ensure that the
contractor continues to comply with the requirements of Paragraph 6 of this BSRA
pursuant to the requirements of 9376.80(6) and (7), F.S.
Page 5 of 16
BSRA.Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BF529701004
8. VOLUNTARY CLEANUP TAX CREDIT PROGRAM
Not all activities that are approved or performed in association with a BSRA are
eligible for the state's Voluntary Cleanup Tax Credit (VCTC). Only costs incurred
and paid that are integral, necessary and required for site rehabilitation are eligible
for the VCTC. "Site rehabilitation" means the assessment of site contamination
and the remediation activities that reduce the levels of contaminants at a site
through accepted treatment methods to meet the cleanup target levels established
for that site. Nothing contained herein is intended to limit the VCTC otherwise
available to the PRFBSR under applicable law. General information about the
VCTC Program is available at
http://www.dep.state.f1.us/waste/categories/vctc/default.htm. For specific questions
regarding the VCTC Program, please contact the FDEP's Bureau of Waste
Cleanup at (850) 245-8927.
9. ADVISORY COMMITTEE
The PRFBSR shall establish an advisory committee pursuant to the requirements
of 9376.80(4), F.S., for the purpose of improving public participation and receiving
public comments on rehabilitation and redevelopment of the brownfield area, future
land use, local employment opportunities, community safety, and environmental
justice. However, if an appropriate local advisory committee already exists in the
designated area, this committee may be used for requesting public participation
and for the purposes of complying with this paragraph.
The PRFBSR shall provide the advisory committee a copy of the final draft and a
copy of the executed brownfield site rehabilitation agreement. When the PRFBSR
submits a site assessment report or the technical document containing the
proposed course of action following site assessment to the Department or the local
pollution control program for review, the PRFBSR shall hold a meeting or attend a
regularly scheduled meeting to inform the advisory committee of the findings and
recommendations in the site assessment report or the technical document
containing the proposed course of action following site assessment.
The names, addresses, and contact numbers for all Advisory Committee members
are included as Attachment G.
10. INDEMNIFICATION
The PRF8SR shall save and hold harmless and indemnify the Department against
any and all liability, claims, judgments or costs of whatsoever kind and nature for
injury to, or death of any person or persons and for the loss or damage to any
property resulting from the use, service, operation or performance of work under
the terms of this 8SRA and from the negligent acts or omissions of the PRF8SR or
Page 6 of 16
8SRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
its employees, agents, contractors, ~ubcontractors, or other representatives, to the
extent allowed by law.
11. PROFESSIONAL LIABILITY INSURANCE
Any professional engineer or professional geologist providing professional services
relating to site rehabilitation program tasks must maintain professional liability
insurance coverage of at least $1 million per claim and $1 million annual aggregate
in accordance with 9376.80(8), F.S.
12. LIABILITY PROTECTION
The liability protection provided under 9376.82 F.S., shall become effective upon
execution of this BSRA and shall remain effective, provided the PRFBSR complies
with the terms of this BSRA.
13. FAILURE TO COMPLY
If the PRFBSR fails to comply with the provisions of this BSRA, the Department will
notify the PRFBSR in writing of any breach of this BSRA. The PRFBSR will have
90 days from receipt of the letter from the Department to return to compliance or to
negotiate a modification to this BSRA with the Department for good cause shown.
The 90-day grace period does not apply if an imminent hazard exists at the site. If
such imminent hazard exists, the PRFBSR shall act immediately to abate the
hazard. If the project is not returned to compliance with this BSRA and a
modification cannot be negotiated, then the immunity provisions of 9376.82, F.S.,
are revoked.
14. DELAY
If any event occurs that does not result in a breach of this BSRA but causes delay
or the reasonable likelihood of delay in the achievement of the requirements of this
BSRA, the PRFBSR shall have the burden of proving that the delay was or will be
caused by circumstances beyond the reasonable control of the PRFBSR that could
not have been overcome by due diligence. Upon occurrence of the event,
PRFBSR shall, within 7 days, notify the Department orally and in writing of the
anticipated length and cause of the delay, the measures taken or to be taken to
prevent or minimize the delay, and the timetable by which PRFBSR intends to
implement these measures. However, if an imminent hazard exists the PRFBSR
shall act immediately to abate the hazard.
If the parties can agree that the delay or anticipated delay has been or will be
caused by circumstances beyond the reasonable control of the PRFBSR, the time
for performance hereunder shall be extended for a period equal to the delay
resulting from such circumstances, or 90 days if the delay results in a breach of this
BSRA, unless circumstances warrant more time in the opinion of the Department.
Page 7 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701 004
A letter from the Department, to the PRFBSR, accepting or, if necessary, modifying
the extension request shall confirm such agreement.
(a) The PRFBSR shall adopt all reasonable measures to avoid or minimize any
delay. Failure of the PRFBSR to comply with the notice requirements of this
paragraph shall constitute a waiver of the right to request an extension of
time for complying with the requirements of this BSRA. Increased costs of
performance of the terms of this BSRA shall not be considered
circumstances beyond the control of the PRFBSR.
(b) If the Department and PRFBSR cannot agree that any delay in the
achievement of the requirements of this BSRA, including failure to submit
any report or document, has been or will be caused by circumstances
beyond the reasonable control of the PRFBSR, the PRFBSR may seek an
administrative hearing or judicial determination of the issue pursuant to the
provisions in Paragraphs 21 and 22 of this BSRA.
15. IMMINENT HAZARD
Nothing herein shall be construed to limit the authority of the Department to
undertake any action in response to or to recover the costs of responding to
conditions at or from the real property described in Attachment A that require the
Department to take action to abate an imminent hazard to the public health, welfare
or the environment.
16. RELEASE OF LIABILITY
Upon successful completion of this BSRA, the PRFBSR and his or her successors
and assigns, shall be relieved from further liability for remediation of the real
property described in Attachment A to the Department and third parties and of
liability in contribution to any other party who has or may incur cleanup liability for
the real property described in Attachment "A".
This release of liability is subject to the reopener provisions of 9376.82(3), F.S.
17. GOVERNING LAW
This BSRA has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida and any applicable local regulations. Wherever
possible, each provision of this BSRA shall be interpreted in such manner as to be
effective and valid under applicable law. If any provision of this BSRA shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this BSRA. Any action hereon or in
connection herewith shall be brought in Pinellas County, Florida.
Page 8 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
18. SUBMITTALS
The PRFBSR shall submit two hard (paper) copies or one hard copy and one
electronic (digital) copy of any certifications or documentation required in Paragraph
6, "Site Contractor" above, and all data, reports, responses, addenda, or
modifications to reports and plans required by this BSRA to:
John R. Sego, P .G.
FDEP - Southwest District
3804 Coconut Palm Drive
Tampa, FL 33619-8318
The Department encourages the submittal of documents for review in an electronic
format rather than the submittal of paper copies. All electronic copies of documents
shall be in the format listed in Section 8 of the Instructions and attached as
Attachment H. Time-frames for the Department's review of technical reports and
plans and submittal of documents by the PRFBSR shall be governed by the
attached schedule (see Attachment B), incorporated herein. After final Department
approval of each report or plan an electronic copy shall be submitted to the
Department with in 30 days. The electronic copy of the report shall be submitted on
Compact Disk (CD) for archiving purposes in the format listed in Attachment H.
19. DOCUMENT REVIEW
During the cleanup process, if the Department fails to complete the review of a
technical document within the time-frame specified in this BSRA, with the
exceptions of requests for "no further action", "monitoring only proposals," and
feasibility studies, which must be approved prior to implementation, the PRFBSR
may proceed to the next site rehabilitation task. However, the PRFBSR does so at
its own risk and may be required by the Department to complete additional work on
a previous task.
20. ASSIGNMENT
The PRFBSR shall not assign any rights or responsibilities under this BSRA to any
other party without the written consent of the Department and the local government
with jurisdiction over the real property described in Attachment A provided,
however, that the Department shall not withhold its consent to such an assignment
if: (a) the proposed assignee meets all of the eligibility criteria under 9376.82, F.S.;
(b) the proposed assignee has agreed, in writing, to assume all obligations of the
PRFBSR under the terms of this Agreement; and (c) the assignment of PRFBSR
obligations under any agreement with the local government with jurisdiction over
the real property has been approved, in writing, by the local government.
Page 9 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
21. WAIVER
By entering into this BSRA, the PRFBSR waives its right to challenge the contents
of this BSRA in an administrative hearing afforded by 9120.569 and 9120.57, F.S.,
or an appeal afforded by the terms of 9120.68, F.S. This BSRA does not deny the
PRFBSR a right to challenge the Department's actions taken pursuant to this
BSRA. No delay or failure to exercise any right, power or remedy accruing to either
party upon breach or default by either party under this BSRA, shall impair any such
right, power or remedy of either party; nor shall such delay or failure be construed
as a waiver of any such breach or default, or any similar breach or default
thereafter.
22. EFFECTIVE DATE AND ADMINISTRATIVE HEARING
This BSRA (Order) is final and effective on the date of execution unless a timely
petition for an administrative hearing is filed under 99120.569 and 120.57, F.S.,
within 21 days after the date of execution. Upon the timely filing of such petition,
this BSRA will not be effective until further order of the Department.. The liability
protection for the PRFBSR pursuant to 9376.82(2), F.S., becomes effective upon
execution of the brownfield site rehabilitation agreement. The procedures for
petitioning a hearing are set forth below.
(a) Persons other than the PRFBSR affected by this BSRA have the following
options.
(i) If you choose to accept the Department's decision regarding this
BSRA you do not have to do anything. This BSRA is final and
effective 21 days after the date of execution.
(ii) If you choose to challenge the Department's decision, you may do the
following:
(1) File a request for an extension of time to file a petition for
hearing with the Agency Clerk of the Department in the Office
of the General Counsel at 3900 Commonwealth Boulevard,
Mail Station 35, Tallahassee, Florida 32399-3000 within 21
days of receipt of this BSRA; such a request should be made if
you wish to meet with the Department in an attempt to
informally resolve any disputes without first filing a petition for
hearing.
Or
Page 10 of 16
BSRA-Brownfield Site ID # BF52970IO04
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
(2) File a petition for administrative hearing with the Agency Clerk
of the Department in the Office of the General Counsel at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000 within 21 days of receipt of this BSRA.
Please be advised that mediation of this decision pursuant to 9120.573, F.S., is not
available.
(b) How to Reauest an Extension of Time to File a Petition for Hearina:
For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., the
Department may grant a request for an extension of time to file a petition for
hearing. Such a request shall be filed (received) with the Agency Clerk of
the Department in the Office of the General Counsel at 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days
of receipt of this BSRA. Petitioner, if different from the PRFBSR, shall mail a
copy of the request to the PRFBSR at the time of filing. Timely filing a
request for an extension of time tolls the time period within which a petition
for administrative hearing must be made.
(c) How to File a Petition for Administrative Hearina:
A person whose substantial interests are affected by this BSRA may petition
for an administrative proceeding (hearing) under 99120.569 and 120.57, F.S.
The petition must contain the information set forth below and must be filed
(received) with the Agency Clerk of the Department in the Office of the
General Counsel at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000, within 21 days of receipt of this BSRA.
Petitioner, if different from the PRFBSR, shall mail a copy of the petition to
the PRFBSR at the time of filing. Failure to file a petition within this time
period shall waive the right of anyone who may request an administrative
hearing under 99120.569 and 120.57, F.S
Pursuant to 9120.54(5)(b)4, F.S. and 9120.569(2), F.S., and Rule
28-106.201, F.A.C., a petition for administrative hearing shall contain the
following information:
(i) The name, address, and telephone number of each petitioner, the
name, address, and telephone number of the petitioner's
representative, if any, the PRFBSR's name and address, if different
from the petitioner, the Department's Brownfield Area and Brownfield
Site Identification Numbers, and the name and address of the
Brownfield Site;
Page 11 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
(ii) A statement of when and how each petitioner received notice of the
Department's action or proposed action;
(iii) An explanation of how each petitioner's substantial interests are or will
be affected by the Department's action or proposed action;
(iv) A statement of the material facts disputed by the petitioner, or a
statement that there are no disputed facts;
(v) A statement of the ultimate facts alleged, including a statement of the
specific facts the petitioner contends warrant reversal or modification
of the Department's action or proposed action;
(vi) A statement of the specific rules or statutes the petitioner contends
requires reversal or modification of the Department's action or
proposed action, including an explanation of how the alleged facts
relate to the specific rules or statutes; and
(vii) A statement of the relief sought by the petitioner, stating precisely the
action petitioner wishes the Department to take with respect to the
Department's action or proposed action.
This BSRA is final and effective on the date of execution. Timely filing a
petition for administrative hearing postpones the date this BSRA takes effect
until the Department issues either a final order pursuant to an administrative
hearing or an Order Responding to Supplemental Information provided to
the Department pursuant to meetings with the Department.
23. JUDICIAL REVIEW
Any party other than the PRFBSR to this BSRA has the right to seek judicial review
under 9120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida
Rules of Appellate Procedure with the Agency Clerk of the Department in the Office
of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate District Court of
Appeal. The notice of appeal must be filed within 30 days after this BSRA is filed
with the clerk of the Department (see below).
24. CONTACTS FOR GENERAL AND LEGAL QUESTIONS
Any questions about the content of this BSRA, the Department's review of the
BSRA or technical questions should be directed to the Department's District
Brownfields Coordinator at:
Page 12 of 16
BSRA-Brownfield Site 10 # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
John R. Sego, P .G.
FDEP - Southwest District
3804 Coconut Palm Drive
Tampa, FL 33619-8318
(813) 744-6100 X 420
or to the PRFBSR's representative at:
Diane Hufford, Brownfields Coordinator
City of Clearwater
112 S. Osceola Ave.
Clearwater, Florida 33756
(727) 562-4054
Questions regarding legal issues should be referred to the Department's Office of
General Counsel at (850) 245-2242. Contact with any of the above does not
constitute a petition for administrative hearing or request for an extension of time to
file a petition for administrative hearing.
25. ENTIRETY OF AGREEMENT
This BSRA represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this BSRA shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this BSRA, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 13 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BF529701 004
IN WITNESS WHEREOF, each of the parties has made and executed this
Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each
representative below: Deborah Getzoff, Director of District Management, State of Florida
Department of Environmental Protection, and Frank Hibbard, Mayor of Clearwater, for the
Person Responsible for Brownfield Site Rehabilitation, signing by and through the City of
Clearwater, duly authorized to execute same.
STATE OF FLORIDA DEPARMENT OF
ENVIRONMENTAL PROTECTION
Approved as to form and legality:
By:
Lisa Duchene, FDEP Attorney
Deborah Getzoff
Director of District Management
Southwest District
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
FILING AND ACKNOWLEDGMENT FILED,
on this date, pursuant to ~120.52 Florida Statutes,
with the designated Department Clerk, receipt of
which is hereby acknowledged.
Clerk (or Deputy Clerk)
Date:
Page 14 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BF529701004
PERSON REPONSIBLE FOR
BROWNFIELD SITE REHABILlTIATION
Countersigned:
CITY OF CLEARWATER, FLORIDA
112 South Osceola Avenue
Clearwater, Florida 33756
(727) 562-4032
By:
By:
Frank Hibbard
Mayor
William B. Horne
City Manager
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
cc: Lisa Duchene, Esquire, Brownfields OGC Attorney, FDEP
Roger B. Register, FDEP Brownfields Liaison
John Sego Brownfields District Coordinator, FDEP Tampa
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 15 of 16
BSRA-Brownfield Site ID # BF529701004
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
List of Attachments
Attachment A
Location Map and Legal Description of Brownfields Site and Local
Government Resolution
Attachment B
Brownfield Site Rehabilitation Schedule
Attachment C
Site Access Agreement
Attachment 0
Certification of Redevelopment Agreement
Attachment E
Contractor Certification Form and Insurance Certificates
Attachment F
Quality Assurance Certificate
Attachment G
Advisory Committee Members
Attachment H
Format for Submittal of Technical Documents
Page 16 of 16
BSRA-Brownfield Site 10 # BFS2970JO04
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Attachment A
Location Map and Legal Description ofBrownfields Site and
Local Government Resolution
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Table 1. Site Identification
~~~g~l~ltt~~'" ..
152915651960000030 205 S Martin
Luther Kin
152915651960000034 Vacant Parcel
152915651960000035 Vacant Parcel
152915651960000060 317 S Martin
Luther Kin
152915651960000061 319 S Martin
Luther Kin
152915651960000062 Vacant Parcel
152915651960000063 Vacant Parcel
330 FT ofW 150Ft of Lot 3 &
E 157Ft ofW 307 Ft Less
S 50FT ofE 157Ft ofW 307FT
Of Lot 3
N 50FT ofS 100Ft ofE 157FT ofW
307FT of Lot 3
S 32FT ofN 50FT ofW 150 FT of Lot 6
N 50FT ofS 100FT ofN 150 FT ofW
150FT of Lot 6
S 50FT ofN 150FT ofW 150FT of Lot 6
E 157FT ofW 307FT ofN 150FT of Lot 6
-.----
"
Clearwater Automotive
FDEP Brownfields Site
ID # BF-529701004
~ Clearwater
;;~
RESOLUTION NO. 02-15
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, MAKING
FINDINGS: AMENDING THE BOUNDARIES OF A BROWNFIELD AREA
PREVIOUSLY DESIGNATED BY RESOLUTION NO. 97-57 WITHIN THE
CITY OF CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL
REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater previously adopted Resolution No. 97-57
designating a Brownfield Area for the purpose of environmental remediati~n and
economic development for such area; and
WHEREAS, it is advisable to amend the designated Brownfields area to be
geographically coincident with the subsequently adopted Enterprise Zone area; and
WHEREAS, the requirements set forth in Florida Statutes Section 376.80 are met,
the procedures set forth in Florida Statutes Section 166.041 have been followed, and
proper notice has been provided in accordance with Florida Statutes Sections 376.80(1)
and 166.041 (3)(c)2.; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and correct.
Section 2. The Brownfield Area previously designated by Resolution No. 97-57 is
hereby amended to correspond to the area depicted on Exhibit A, attached hereto and
incorporated herein by reference, for purposes of rehabilitation pursuant to Florida
Statutes Sections 376.77-376.875.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th
day of March
,2002.
iJ - }~
Brian J. Aungst ,
Mayor-Commissioner
Approved as to form:
Attest:
Resolution No. 02.15
Leslie K. Dougall- es
Assistant City Attorney
City of Clearwater Economic Development
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Jj~~/LItI ~]I J~i...._ t . I -
'__n
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Attachment B
Brownfield Site Rehabilitation Schedule
Attachment B
Table I
Suggested Submittals and Time Frames
Type of Report or Activity PRFBSR Action or Submittal Department Review or
Time Frames Comment Time Frames
Notice of Interim Source Removal Within 24 hours of initiation of the action. No comment required.
Action or Emergency Response
Action situations.
Interim Source Removal Proposal When seeking approvai before Within 30 days of receipt.
implementation of an alternative product
recovery method, groundwater recovery, soil
treatment or disposal technique (see Rule
62-785.500).
Interim Source Removal Plan When seeking approval before Within 30 days of receipt.
implementation of an alternative product
recovery method, groundwater recovery, soil
treatment or disposal technique (62-785.500,
F.A.C.)
Interim Source Removal Status Within 60 days of completion of source No comment required.
Report removal activities and every 60 days
thereafter or when the field activity Is
terminated, whichever occurs first..
Interim Source Removal Report Within 60 days of completion of interim Within 60 days of receipt.
source removal activities.
Site Rehabilitation Plan (SRP) or Optional: SRP submitted within 270 days of Within 60 days of receipt.
Combined Document; (Optional executing BSRA. May include multiple tasks.
submittal)
{See Rule 62-785.450, F.A.C.l
Site Assessment Report (SAR) SAR submitted within 270 days of executing Within 60 days of receipt.
BSRA.
Risk Assessment Report lRARl Octional: (within 60 daYS of SAR accroval.) Within 90 days of receict.
No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Within 60 days of receipt.
Rule 62-785.680, F.A.C.l.
Well Survey and Sampling Results Within 60 days of discovery of contamination Within 60 days of receipt.
pursuant to paragraph beyond the property boundaries
62-785.600{3Hh), F.A.C.
No Further Action (NFA) Proposal When the site meets the criteria for NFA (Rule Within 60 days of receipt.
62-785.680, F.A.C.
Natural Attenuation with Monitoring When the site meets the criteria for Natural Within 60 days of receipt.
(NAM) Plan Attenuation with Monitoring (See Rule
62-785.690, F.A.C.).
Natural Attenuation with Monitoring Within 60 days of sample collection. No comment required.
(NAM) Report
Remedial Action Plan (RAP) Within 90 days of approval of a SRP, SAR or Within 60 days of receipt.
RAR.
As-Built Drawings Within 120 days of initiating operation of the No comment required.
active remediation sYStem.
Initiate Operation of Active Within 120 days of RAP approval. No comment required.
Remedial Action
Proposals submitted pursuant to Optional during active remediation Within 60 days of receipt
subsection 62-785.700(15), F.A.C.
Remedial Action Status Report Within 60 days of the anniversary date of No comment required.
(Monthly or quarterly status reports initiating operation of active remediation
may be required for submittal - - system.
depending on site conditions and
Advlsorv Committee.)
Page 1 of 2
Revised 5/2105
Post Active Remediation Monitoring When the site meets the criteria for NFA (see Within 60 days of receipt.
(PARM) Plan Rule 62-785.680) or Leveling-Off (see Rule
62-785.700(17))
Post Active Remediation Monitoring Within 60 days of sample collection. No comment required.
(PARM) ReDort
Leveling Off Determination Within 60 days of sample collection. Within 60 days of recelot.
Post Active Remediation Monitoring Within 60 days of sample collection. Within 60 days of receipt.
(PARM) Plan resampling proposal
(Rule 62-785.750(4)(e), F.A.C.
Site Rehabilitation Completion Within 60 days of the final sampling event. If Within 60 days of receipt. If the
Report (SRCR) SRCR not approved then submit brownfleld site meets the
modifications, etc. within 60 days of requirements of Chapter 62-785,
Department's response. F.A.C. for the Issuance of a
SRCO, a SRCO will be issued.
Pilot Study Work Plan When seeking approval before Within 60 days of receipt.
Implementation of a Pilot Study pursuant to
Rule 62-785.700(2), F.A.C.
Notices for Field Activities except Within seven (7) days but not less than 24 No comment required.
for Start of Interim Source Removal hours prior notice to the Department to
or Emergency Response Action perform field activity.
situations.
Submittal to the Department of Within 60 days of receipt of the Department's Within the same time frame for
addenda,responses,or response. review of the original submittal.
modification to plans or reports,
oursuant to Chaoter 62-785, F.A.C.
Submittal of Form and Actual See text of rule for "Initial Notice of No comment required.
Notice required In subsection Contamination Beyond Property Boundaries"
62-785.220(2), F.A.C. In subsection 62-780.220(2), F.A.C.
Submittal of Actual and See text of rule for "Subsequent Notice of No comment required.
Constructive Notice required in Contamination Beyond Source Property
subsection 62-785.220(3), F.A.C. Boundaries for Establishment of a Temporary
Point of Compliance (TPOC)" In subsection
62-780.220(3), F.A.C.
Page 2 of 2
Revised 5/2105
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Attachment C
Site Access Agreement
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
SITE ACCESS AGREEMENT
PERMISSION TO ENTER PROPERTY
1. The City of Clearwater ("undersigned"), owner, hereby gives permission to the State of Florida, Department of
Environmental Protection ("Department") and its agents and subcontractors to enter the undersigned's property
("the property") located at 205 South Martin Luther King Junior Avenue and adjacent properties as described in
Attachment "A" attached herein as the Clearwater Automotive Site, beginning on the date of execution of the
8SRA and ending 'On such date as deemed appropriate by the Department or the successful completion of the
8SRA, which ever occurs first.
2. This permission is contemplated to be used for the following activities that may be performed by the Department,
its agents, representatives or subcontractors:
a. Having access to areas where contamination may exist.
b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring
wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the
logging of existing wells, video taping, preparation of site sketches, taking photographs, any testing or
sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by the
Department and the like.
c. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of
recovery wells or other treatment systems.
3. Upon completion of the investigation, the Department will restore the property as near as practicable to its
condition immediately prior to the commencement of such activities.
4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of
liability on the part of the undersigned or the undersigned's successors and assigns for any contamination
discovered on the property.
5. The Department, its agents, representatives or subcontractors may enter the property during normal business hours
and may also make special arrangements to enter the property at other times after agreement from the undersigned.
6. The Department acknowledges and accepts its responsibility for damages caused by the acts of its employees while
on the property.
7. The Department acknowledges and accepts any responsibility it may have under applicable law (Section 768.28,
Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment
while on the property.
8. In exercising its access privileges, the Department will take reasonable steps not to interfere with the Owner's
J)~: 8~:d redevelopment ~:j:es~:an:,7~rlii..VG i_
City Manager "
. c;ity of Clearwater Witness
I., J,-, /; / , !-:{ / /' , i / F r;
1.:1.;I./{ ) (..~.'r'~ll. '..J
i '/
;' I Date f Date
Accepted by the Department by the following authorized agent:
Witness
Signature of Department representative
Date
Date
Ill\I03JOS
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Attachment D
Certification of Redevelopment Agreement
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CITY OF CLEi\RWi\TER
POST OFFICE Box 4748, CLEARWATER, Fl.ORlDA 33758-4748
Ow HAll, 112 SOUTH OSCEOlA AVE!'\UE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562.4054 FAX (727) 562-4075
www.clearwater-fl.com
ECO:-':OlvlIC DEVELOPIvIENT
.\.'\0 HOUSING DEPARTMENT
BROWc;FIELDS PROGRAM/
E:'-:TERPRISE Z01'\E PROGRA,\1
May 16, 2005
Mr. John Sego
Florida Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
RE: Brownfields Site Rehabilitation Agreement for the Clearwater Automotive
Site (Brownfields Site ill # BF529701004)
Dear Mr. Sego:
This letter is intended to meet the requirements contained in Paragraph 4 of the
Brownfields Site Rehabilitation Agreement regarding the real property as described in
Attachment "A". The Brownfields Area as adopted by the City of Clearwater states that
the City of Clearwater will become the Person Responsible for Brownfields Site
Rehabilitation (PRFBSR). The City of Clearwater has made a commitment to
rehabilitate and redevelop this property consistent with the local comprehensive plan and
applicable local land development regulations.
Please find appended the City of Clearwater Resolution No. 02-15 designating the
property as a Brownfields Area for environmental rehabilitation and redevelopment.
s~~
Geraldine Campus
Director Economic Development and Housing
Attachment
FIV\i\K HIIlIIARI). MAYOll
BIJ.I.jo:,;sO\, VICE-i\tWOR
Bon H..\~lII,T():-':, COI'l'\C1L\t1;~lIIER
*
JOU:-': Du Ke\:'; , Clll":UL\tE~lIIEll
C.\IlII'1\ A. PETEIlSEi\. C, )1'~C",\lE~IIlEJ{
..I:',....,. l:"~...... ,.............. ..,.~ ,.................... ,._~....,~.. ,.... ._.. .....n_'.
RESOLUTION NO. 02-15
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, MAKING
FINDINGS; AMENDING THE BOUNDARIES OF A BROWNFIELD AREA
PREVIOUSLY DESIGNATED BY RESOLUTION NO. 97-57 WITHIN THE
CITY OF CLEARWATER FOR THE PURPOSE OF ENVIRONMENTAL
REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater previously adopted Resolution No. 97-57
designating a Brownfield Area for the purpose of environmental remediation and
economic development for such area; and
WHEREAS, it is advisable to amend the designated Brownfields area to be
geographically coincident with the subsequently adopted Enterprise Zone area; and
WHEREAS, the requirements set forth in Florida StaMes Section 376.80 are met,
the procedures set forth in Florida StaMes Section 166.041 have been followed, and
proper notice has been provided in accordance with Florida Statutes Sections 376.80(1)
and 166.041 (3)(c}2.; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and correct.
Section 2. The Brownfield Area previously designated by Resolution No. 97-57 is
hereby amended to correspond to the area depicted on Exhibit A, attached hereto and
incorporated herein by reference, for purposes of rehabilitation pursuant to Florida
Statutes Sections 376.77-376.875.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th
day of March
,2002.
/J - }~
Brian J. Aungst V
Mayor-Commissloner
Approved as to form:
~~
JilL! - ~~
Leslie K. Dougal . es
Assistant City Attorney
Attest:
'/;if1J~~~f./1dlJ~ ();uL
Cyn E. ,Goude ,
~Clerk ,.
o - -" '..., Resolution No. 02.15
City of Clearwater Economic Development
I..
.
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City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701 004
Attachment E
Contractor Certification Form and Insurance Certificates
Department of
Environmental Protection
Jeb Bush
Governor
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
CONTRACTOR CERTIFICATION FORM
Brownflelds Redevelopment Program
Colleen M. Castille
Secretary
Contractor Name
TGI::::
(~. [..:'J-, jJ " v1 e. .
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Date: ILl... 0-. ,I ) \
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Contractor Address: ) 1. c Q 0-,( \..:... P Ie.. c ~
A, ,. --:< '\
Contact Name: ',,'\ \ It' S ~ ' 'j c" \ '::; l"\ '\
1\ 4
Phone No.: t L --+ - L) 1 ,- 3 5 ~ '5 u '
Brownfield Site ID #: ~ ~ '5 2 ~ '+ 0 , \:J {j L\
Fax No.: -=1 L ~ - s ? '1 - 1 5 L\ 5
Contractor Certifies by Checking All Appropriate Boxes:
1. It meets all certification and license requirements imposed by
law.
2. It performs or contracts laboratory analysis pursuant to National
Environmental Laboratory Accreditation Program certification
requirements and performs or contracts field-sampling work in
accordance with the Standard Operating Procedures for Field
Activities pursuant to Chapter 62-160, Florida Administrative
Code.
3. It complies with all applicable OSHA regulations.
4. It maintains Workers' Compensation Insurance for all
employees. [Provide insurance certificate]
5. It maintains:
a. Comprehensive General Liability coverage with minimum
limits of not less than $1 million per occurrence and $2 million
general aggregate for bodily injury and property damage, and
b. Comprehensive Automobile Liability coverage with
minimum limits of not less than $2 million combined single limit,
and
c. Pollution liability coverage with limits of not less than $3
million aggregate for personal injury or death, $1 million per
occurrence for personal injury or death, and $1 million per
occurrence for property damage, and
d. the State as an additional insured on the contractor's
Certificate of Insurance certificates by naming the State as an
Additional Insured party. [Provide insurance certificates]
6. It maintains Professional liability coverage with minimum
limits of at least $1 million per claim and $1 million annual
aggregate. [Provide insurance certificate]
7. Has the capacity to perform the majority of the site rehabilitation
Yes
No
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ci
o
o
ci
d
o
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o
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"Protect. Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled poper.
revised,07/101104
Contractor Demonstration and Certification Form
Brownfields Program
program tasks pursuant to a brownfield site rehabilitation
agreement or supervise the performance of such tasks by
licensed subcontractors in accordance with Section 489.113(9),
F.S.
ri
o
The person named below by signing as an "Officer of the Company" hereby certifies to the Florida
Department of Environmental Protection (FDEP) that the Contractor named above meets the
requirements for contractors participating in the Brownfields Redevelopment Program [Sections
376.80(6) and (7), Florida Statutes (F.S.)]:
~kLr
Signature of Officer of the Company and Date Signed
S -\-(\/( vi 7 ~ (; '-'-' c~" ~ t, ,? 1=-
Print Name of Officer of the Company
A '55', S -\.(I'1/'+' 1/ \<..Q. f f"e(; ,ei ill," j...
Title of Officer of the Company
This form will be kept on file by the FDEP District office. Contractors must immediately notify the FDEP
(Brownfields District Coordinator) of any change in the above criteria. The FDEP may order a
suspension or cessation of work for failure of a contractor to maintain their required certification. For
additional guidance regarding completion of this form, please see the attached "Tip Sheet for Contractor
Certification Form". Please return this form (without the Tip Sheet) to the appropriate District
Brownfields Coordinator. This form Is not for use with a joint Brownfields I RCRA program site.
2
ACORDT.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
05106/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622.2668
813289-5200 INSURERS AFFORDING COVERAGE
INSURED INSURER,.., United States Fidelity & Guaranty
TBE Group, Inc. INSURER B: XL Specialty Insurance Company
380 Park Place Blvd. Suite 300 INSURER C: St. Paul Fire & Marine
Clearwater, Fl 33759 INSURER 0:
I INSURER E:
Client#: 3103
TAMPBAY3
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~g TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A ~NERAL LIABIUTY BK01413156 06/30/04 06/30/05 EACH OCCURRENCE $1 000.000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) $1 000.000
I CLAIMS MADE [iJ OCCUR MED EXP (Anyone pllfSlln) $10 000
- PERSONAL & ADV INJURY $1 000.000
- GENERAL AGGREGATE $2.000.000
~'LAGGREn LIMIT APnS PER: PRODUCTS -COMP/OP AGG $2000.000
POLICY ~rRT LOC
C ~TOMOBILE LIABIUTY CA06614422 06/30/04 06/30/05 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY BK01413156 06/30/04 06/30/05 EACH OCCURRENCE $9.000.000
t!lOCCUR D CLAIMS MADE AGGREGATE $9 000.000
$
=l DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND WVA7720349 06/30/04 06/30/05 X LWC STATU- I IOJ~'
EMPLOYERS' LIABILITY E,L. EACH ACCIDENT 51 000.000
E.L. DISEASE - EA EMPL OYEE $1 000,000
E,L. DISEASE - POLICY LIMIT $1 000,000
B OTHER DPR9408058 11/26/04 11/26/05 $5,000,000 Each Claim
Professional $5,000,000 Ann Aggr
liabllltv
DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional liability Is written on a claims made and reported basis.
FDEP Site 10 No. BF529701004
The certificate holder is added as Additional Insured with respects to the
General liability and Auto liability policies. Professional liability
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADDmONALINSURED:INSURERLETTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Florida Department of DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30.-DAYSWRITTEN
Environmental Protection NOTlCETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL
Southwest District 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR
3804 Coconut Palm Dr. REPRESENTATIVES.
Tampa, Fl 33619.2400 AUTHORIZED REPRESENTATIVE
I JJ.1 ~ f" II ~ A:I -..
ACORD 25-8 (7/97)1 of 3
#5104358/M98552
KJS
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD2S-5(7197)2 of 3 #Sl04358/M98552
DESCRIP'~IE)NS.tCon,tiaued.fttem'iPage"1);
polley includes Pollution Liability coverage.
AMS 25.3 (07/97) 3 of 3
#8104358/M98552
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Attachment F
Quality Assurance Certificate
State of Florida
Department of Health, Bureau of Laboratories
This is to certify that
E86675
XENCO Laboratories - Tampa
261,8 South Falkenburg
Riverview, FL 33569
has complied with Florida Administrative Code 64E-1, for the examination of Environmental samples in the
following categories:
Non-Potable Water
Ext':8ctable Organics, Volatile Organics
Solid and Chemical Materials
,Extractable Organics, Volatile Organics
Continued certification is contingent upon successful on-going compliance with the NELAC Standards and
FAC Rule 64E-1 regulations. Specific methods andanalytes certified are cited on the Laboratory Scope of
Accreditation for this laboratory and are on file at the Bureau of Laboratories, P. O. Box 210, Jacksonville,
Florida 32231. Clients and customers are urged to verify with this agency the laboratory's certification
status in Florida for part4cular methods and analytes.
EFFECTIVE JULY 1, 2004
THROUGH JUNE 30, 2005
,"::~8~~~.
.:'."o~"..~:. ~?"d'~
...ifJ:... ~./ .~~~~~\
po" ."... .J~." '0"
'. {. ..;c.", .' ..; .\
II~L;!:~ :.:5il
\\" "',.'';' .'; ~:"1.""~""'l~.;l ~.iI
,\ .."--...;r....,.."..y". "
~;..'...,.l....~.. ~~~..'r.~:"~,I
" i '6 ....lit~ l)" ,
'~.
~
Mlng S. Chan, Ph.D.
Bureau Chief, Bureau of Laboratories
Florida Department of Health
DH Fonn 1697, 7/03
NON-TRANSFERABLE 07/06/2004-E86675
I
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BF529701004
Attachment G
Advisory Committee Members
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
CITY OF CLEARWATER'S
BROWNFIELDS ADVISORY BOARD
Willa Carson
Resident
1108 North Greenwood Avenue
Clearwater, Florida 33755
727-467-9411
Karen Fenton
Business Owner/Representative
1200 Druid Road South
Clearwater, Florida 33756
727-461-8644
Chris Rattray
Business Owner/Representative
213 South Myrtle Avenue
Clearwater, Florida 33756
727-461-9090
Randy Deshazo
Agency/Government Representative
4000 Gateway Centre Blvd., Suite 100
Pinellas Park, Florida 33781
727-570-5151 ext 31
Ryley Jeanne Hunter*
Agency/Government Representative
4175 East Bay Drive, Suite 300
Clearwater, Florida
727-538-7277
* Effective June 1, 2005
J :\00083\00083115.02\DOC\Misc\BSRA \Board.doc
Reverend William F. Sherman, Sr.
Resident
1249 Eldridge Street
Clearwater, Florida
727 -446-613 7
Wallace Smith
Resident
1375 Tioga Avenue
Clearwater, Florida 33755
727-446-0792
Joyce Gibbs
Agency/Government Representative
14010 Roosevelt Boulevard, Suite 704
Clearwater, Florida 33762
727-464-7319
David Lawrence J aye *
Business Owner/Representative
2850 Weathersfield Court
Clearwater, Florida 33761
727-644-6822
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
Attachment H
Format for Submittal of Technical Documents
City of Clearwater
Brownfield Site Rehabilitation Agreement
Brownfield Site 10 # BF529701004
ATTACHMENT H - - FORMAT FOR SUBMITTAL OF TECHNICAL
DOCUMENTS
1. Two hard copies or one hard copy and an electronic copy of each report
or proposal and final reports shall be submitted to the Department or to
the delegated local program.
2. In an effort to increase efficiency, responsiveness, and to enhance
environmental protection, electronic records are an acceptable media
substitute for hard copy and shall be pursued as the first option of choice
to arrive at compliance. Where an electronic format exists of the records it
shall be used to transmit the data, file, report, document, map, plans,
picture, record, or any other object that may be available in an electronic
format. Electronic records shall be kept in industry standard non-
proprietary formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft
Excel, and Microsoft Access not older than one (1) release behind the
current.
3. Data requested shall be transmitted using available media such as E-mail,
Compact Disc (CD), Floppy Diskette, DL T tape cartridge, or File Transfer
via an FTP site or dial-in connection. Additional format may be considered
at the time of the request.
4. After final approval of each report an electronic copy and one hard copy
shall be submitted within 30 days. The electronic copy shall be submitted
on Compact Disk (CD) for archiving purposes.
5. The media shall include a file directory and specify the "naming
convention" .
(a) Final reports (any text files) must be in one of the approved
formats.
(b) Site maps shall be in ".dxf', TIFF, JPEG or ".pdf' format.
(c) Site surveys shall be in ".dxf' format.
(d) Site-specific GIS data tables shall be in Excel or text (tab delimited)
format.
(e) The cover of the media shall include the Site Name, Designated
Brownfield Area, Date and Type of Report(s).
(f) The left inside cover of the media should list all the files located on
the media.
NlR- d
~~
u~
City Council
Cover Memorandum
ll.3
Tracking Number: 1,486
Actual Date: 09/01/2005
Subject / Recommendation:
Approve renewal of the Management Agreement with Clearwater Community Sailing Association
for a five (5) year period, for total payments of $66,000.00 to the City, plus yearly Consumer
Price Index increases and authorize the appropriate officials to execute same.
Summary:
The ,current three-year agreement for management of the Clearwater Community Sailing Center
will expire on September 30, 2005. The Clearwater Community Sailing Association (CCSA) has
satisfactorily performed all requirements of the management agreement and request their
agreement be renewed for a five-year term. They will pay $1,100.00 each month, as well as
yearly Consumer Price Index (CPI) increases each January 1st. They have also requested their
boat storage area behind the public restrooms be extended to the east.
The City saves almost $115,000 per year in our partnership with the CCSA, a 501(c)(3)
organization, to manage the Sailing Center. It costs the City $52,000 per year to maintain the
building, and receives $12,500 in revenue. Our net cost annually is $39,500, down from
$182,000 annually in its last year as a solely City run operation.
The CCSA has received approximately $40,000 from private donors and civic organizations in the
past three years. They have also been awarded a grant for up to $225,000 for Learn To Sail
scholarships from Pinellas County Parks & Recreation.
Prior to having the 501 (c) 3 manage the operation, we only had 39 members in our busiest
year. There are currently approximately 200 members, with one third of the family and
individual members over 50 years old, including a number of 65 members that are active
sailors.
Over 1000 youngsters from 8 to 16 have attended CCSA summer & out of school camps in the
past 3 years. Also, close to 1000 adults from 17 to 80 have taken some form of sailing
instruction. Geographically, about 75% of CCSA clients live in the Clearwater/St Pete/Tampa
area, with the remainder both domestic and international visitors. Many are repeat customers
who return year after year with the Sailing Center as one of the attractions that brings them
back to Clearwater. The Clearwater Community Sailing Association provides a great deal of
goodwill for our community.
Originating: Marine and Aviation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Bill Morris
08-09-2005
10:01 :56
~~
u.~
Cvndie Goudeau
Brvan Ruff
Garrv Brumback
Tina Wilson
Bill Horne
City Council
Cover Memorandum
08-26-2005 08:22: 10
08-09-2005 10:55:40
08-24-2005 10:53:46
08-18-2005 07:38:15
08-24-2005 17:23:26
~~: f'<\R~~
CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT
if. '3
THIS MANAGEMENT AGREEMENT, entered into this _ day of , 2005
by the City of Clearwater, Florida, as City, and Clearwater Community Sailing Association,
Inc., as Manager.
WHEREAS, City owns the real property and improvements consisting of approximately
3,658 square feet and located in Pinellas County, Florida, having an address of 1001 Gulf
Boulevard, CLEARWATER FL 33767, and more particularly described in Exhibit A,
attached and incorporated as a part of this agreement. Such property shall hereinafter be
referred to as the "premises."
WHEREAS, Manager agrees to manage the Clearwater Community Sailing Center under
the terms and conditions described in this management agreement.
1. MANAGEMENT TERM.
The term of this agreement shall be for five (5) years; which term will commence on the 1 st
day of October 2005, and shall continue until midnight on the 30th day of September 2010.
The manager shall have one (1) successive option to extend the term of this agreement for
a period of five (5) years. No such renewal or extension shall be deemed a waiver by City
of any breach or default, which may then exist. The extended term shall be upon the same
conditions and terms, and the rent shall be determined and payable, as provided in this
agreement, except that there shall be no privilege to extend the term beyond the expiration
of the extended term period as herein above specified. The manager shall exercise the
option for an extended term by notifying the City in writing at least one (1) calendar month
prior to the expiration of the then current term. City shall have until the end of each term to
review manager's performance and may deny renewal if manager is in default of any
provision of this agreement. Failure to exercise the option for any period shall nullify the
option for all subsequent periods.
2. RENT
(a) Base rent: Manager agrees to pay the City as rent during the initial term of this
agreement the sum of Thirteen Thousand Two Hundred Dollars ($13,200) annually,
payable in equal monthly installments of One Thousand One Hundred Dollars ($1,100) per
month, and payable in advance at the beginning of each successive monthly rental period.
Also, a consumer price index (CPI) increase will be added to the rent payment on January
1 st of each year of the lease. The increase will be based on the Consumer Price Index for
all Urban Consumers (CPI-U, South Urban area, for the twelve-month period ending
September 30th. In addition, manager shall pay sales tax on all taxable collected payments.
Clearwater Community Sailing Center Management Agreement
Manager shall pay rent and any additional rent as hereinafter provided to City at such place
as City may designate in writing, without demand and without counterclaim, deduction or
setoff.
3. SECURITY DEPOSIT.
In addition to the first month's rent of One Thousand One Hundred Dollars ($1,100), which
is due and payable on the first day of the lease, the manager shall pay $100.00 in advance
as a deposit as security for the performance of manager's obligations under this agreement,
including without limitation the surrender of possession of the premises to City as herein
provided. If City applies any part of the deposit to cure any default of manager, manager
shall on demand deposit with City the amount so applied so that City shall have the full
deposit on hand at all times during the term of this agreement.
4. LINE OF CREDIT.
City agrees to provide to manager a line of credit up to $50,000, which City at its sole
discretion may authorize. Such line of credit shall only be used by manager to pay salaries
for authorized employees and all payments must be repaid to City by the end of the current
term. (September 30, 2010) Required to be under 10,000 by end of June 30,2010.
5. USE OF PREMISES.
The premises are to be used by manager solely for the purposes and in the manner set
forth in the business plan (Exhibit C) attached and incorporated as a part of this agreement,
subject to City's reserved right to issue "fishing" permits allowing holders thereof to use
specifically identified areas of the managed premises for fishing, subject to reasonable rules
and regulations established by manager and approved by City. No other use can be made
of the premises during the term without the written consent of the City.
6. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to manager
and are or shall be individually metered for the subject premises. All deposits for such
utilities shall be the sole responsibility of manager.
7. COMMON AREA MAINTENANCE AND TAXES
City shall be responsible for the common area maintenance charges assessed by the
owner's association against the Property and City shall pay real estate taxes.
8. OBSERVANCE OF LAWS AND ORDINANCES.
Manager agrees to observe, comply with and execute promptly at its expense during the
term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and
Clearwater Community Sailing Center Management Agreement
2
regulations of governmental authorities and agencies and of insurance carriers which relate
to its use or occupancy of the demised premises.
9. ASSIGNMENT OR SUBAGREEMENT.
Manager shall not, without first obtaining the written consent of City, assign, mortgage,
pledge, or encumber this agreement, in whole, or in part, or sublet the premises or any part
thereof. City expressly covenants that such consent to sublet shall not be unreasonably or
arbitrarily refused. This covenant shall be binding on the legal representatives of manager,
and on every person to whom manager's interest under this agreement passes by operation
of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a
corporate manager or to a transfer of the agreement hold interest occasioned by a
consolidation or merger involving such manager. If the premises are sublet or occupied by
anyone other than manager, and manager is in default hereunder, or if this management
agreement is assigned by the manager, the City may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No
such collection shall be deemed a waiver of the covenant herein against assignment and
subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a
release of manager from further performance of the covenants herein contained.
10. ALTERATIONS AND IMPROVEMENTS.
Manager shall not make any structural alterations or modifications or improvements which
are part of the managed property without the written consent of the City, and any such
modifications or additions to said property shall become the property of the City upon the
termination of this agreement or, at City's option, the manager shall restore the managed
property at manager's expense to its original condition. The restrictions of this paragraph
shall not apply to maintenance of the managed property, but shall apply to any change
which changes the architecture or purpose of the property or which changes any of the
interior walls of the improvements or which annexes a fixture to any part of the managed
property which cannot be removed without damage thereto. In the event manager desires
to make any alterations or modifications, written notice shall be given to the City. Unless the
City objects to such proposals by notice to manager within twenty (20) days after written
notice from manager, the proposal shall be deemed approved. Manager shall have no
power or authority to permit mechanics' or material men's liens to be placed upon the
managed property in connection with maintenance, alterations or modifications. Manager
shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for
materials or labor claimed to have been furnished to the premises on manager's behalf. Not
later than the last day of the term manager shall, at manager's expense, remove all of
manager's personal property and those improvements made by manager which have not
become the property of City, including trade fixtures and the like. All property remaining on
the premises after the last day of the term of this agreement shall be conclusively deemed
abandoned and may be removed by City and manager shall reimburse City for the cost of
such removal.
Clearwater Community Sailing Center Management Agreement
3
11. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the manager or
owner thereof. The City shall not be responsible or liable to the manager for any loss or
damage that may be occasioned by or through the acts or omissions of persons occupying
adjoining premises or any part of the premises adjacent to or connected with the premises
hereby managed or any part of the building which the managed premises are a part of or
any loss or damage resulting to the manager 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
City, its agents, servants or employees.
12. RIGHT OF ENTRY
The City, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as
may be deemed necessary for the safety, comfort, or preservation thereof, or of said
building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations or additions, which do not conform to this
agreement.
13. RESTORING PREMISES TO ORIGINAL CONDITION.
Manager represents that the premises managed are in good, sanitary and tenantable
condition for use by manager. Manager's acceptance or occupancy of the managed
premises shall constitute recognition of such condition. Manager hereby accepts the
premises in the condition they are in at the beginning of this agreement and agrees to
maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the
expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The manager agrees to make good to said City immediately upon
demand, any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or neglect
of manager or of any person or persons in the employ or under the control of the manager.
14. INSURANCE.
Manager agrees to comply with all terms, provisions and requirements contained in Exhibit
"B" attached hereto and made a part hereof as if said document were fully set forth at
length herein.
15. MAINTENANCE.
City shall keep the foundation, outer walls, roof and buried conduits of the premises,
including existing buildings, piers, and docks in good repair, except that the City shall not be
called on to make any such repairs occasioned by the negligence of the manager, its
agents, express or implied invitees, or employees. City shall maintain the city owned
Clearwater Community Sailing Center Management Agreement 4
property outside the fence from the sailing center building up to the bridge, while the
manager will be responsible for the upkeep of the property within the fenced in area.
Manager shall keep the inside of said premises and the interior doors, windows and window
frames of said premises in good order, condition and repair and shall also keep the
premises in a clean, sanitary and safe condition in accordance with law and in accordance
with all directions, rules and regulations of governmental agencies having jurisdiction. The
manager shall be responsible for providing all light bulbs used on the premises. The
plumbing facilities shall not be used for any other purposes than that for which they are
constructed and no foreign substances of any kind shall be thrown therein, and the expense
of any breakage, stoppage or damage resulting from the violation of this provision shall be
borne by the manager. Routine maintenance of the heating and air conditioning system and
plumbing facilities shall be under the control of the manager, and manager agrees that all
operation, upkeep, and repairs will be at manager's expense, except where the repairs shall
be caused by the negligence or misuse by City or its employees, agents, invitees, or
licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In
the event City pays any monies required to be paid by manager hereunder, City shall
demand repayment of same from the manager and the manager shall make payment within
ten (10) days of receipt of said demand. Manager's failure to make such repayment within
the ten (10) day period shall constitute default under the terms of this agreement.
City will assume responsibility for life cycle replacement of the heating/air-conditioning
system, provided routine monthly maintenance has been performed.
City will assume responsibility for life cycle replacement of the elevator, provided routine
monthly maintenance has been performed.
16. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause,
to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this management agreement shall be terminated. In the event that the
building should be partially damaged by fire, earthquake or other cause, but only to such an
extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the management agreement shall be void or voidable, but not terminated,
except as otherwise provided herein. If the City intends to rebuild or repair the premises, he
shall, within fifteen (15) days after the date of such damage, give written notice to manager
of the intention to rebuild or repair and shall proceed with reasonable diligence to restore
the building to substantially the same condition in which it was immediately prior to the
destruction. However, City shall not be required to rebuild, repair or replace any
improvements or alterations made by manager within the building. During the period of
rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing
has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the City may either terminate the agreement or
continue with the agreement with a proportional rent rebate to manager. If City undertakes
Clearwater Community Sailing Center Management Agreement
5
to rebuild or repair, manager shall, at its own expense, restore all work required to be done
by such manager under this agreement.
17. EMINENT DOMAIN.
If the whole or any part of the premises hereby managed shall be taken by any public
authority under power of eminent domain, then the term of this management agreement
shall cease on the part so taken from the date title vests pursuant to such taking, and the
rent and any additional rent shall be paid up to that day, and if such portion of the
demised premises is so taken as to destroy the usefulness of the premises for the purpose
for which the premises were managed, then from that day the manager shall have the right
to either terminate this management agreement or to continue in possession of the
remainder of the same under the terms herein provided, except that the rent shall be
reduced in proportion to the amount of the premises taken. The parties agree that the
manager shall not be entitled to any damages by reason of the taking of this agreement, or
be entitled to any part of the award for such taking, or any payment in lieu thereof.
18. SUBORDINATION.
This agreement and the rights of the manager hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises by
the City and any other owner provided, however, that such mortgages will not cover the
equipment and furniture or furnishings on the premises owned by the manager. The
manager further agrees to execute any instrument of subordination, which might be
required by mortgagee of the City.
19. DEFAULT; REMEDIES.
(a) The manager further covenants that, if default shall be made in the payment of rent, or
any additional rent, when due, or if the manager shall violate any of the other covenants of
this agreement and fail to correct such default within fifteen (15) days after a written request
by the City to do so, then the City may, at its option, deem this agreement terminated,
accelerate all rents and future rents called for hereunder and manager shall become a
tenant at sufferance, and the City shall be entitled to obtain possession of the premises as
provided by law.
(b) In case the managed property shall be abandoned, as such term is defined by Florida
Statutes, the City, after written notice as provided by Florida Statutes to the manager, City
may (i) re-enter the premises as the agent of the manager, either by force or otherwise,
without being liable to any prosecution or claim therefore, and may relet the managed
property as the agent of the manager and receive the rent therefore and apply the same to
the payment of such expenses as City may have incurred in connection with the recovery of
possession, reduction, refurbishing or otherwise changing or preparing for reletting,
including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the
payment of damages in amounts equal to the rent hereunder and to the cost and expenses
Clearwater Community Sailing Center Management Agreement
6
of performance of the other covenants of manager as provided herein; or (ii) the City may,
at its option, terminate this agreement by giving the manager fifteen (15) days' written notice
of such intention served upon the manager or left upon the managed property, and the term
hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen
(15) day period, but the manager shall
never-the-Iess and thereafter be liable to the City for any deficiency between the rent due
hereunder for the balance of the term of this agreement and the rent actually received by
City from the managed property for the balance of said term.
(c) The City, at its option, may terminate this agreement as for a default upon the
occurrence of any or all of the following events: an assignment by manager for the benefit
of creditors; or the filing of a voluntary or involuntary petition by or against manager under
any law for the purpose of adjudicating manager bankrupt; or for reorganization, dissolution,
or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of
a receiver of the assets of manager; or the bankruptcy of the manager. Each of the
foregoing events shall constitute a default by manager and breach of this agreement.
20. MISCEllANEOUS.
(a) The City shall have the unrestricted right of assigning this agreement at any time, and in
the event of such assignment, the City shall be relieved of all liabilities hereunder.
(b) This contract shall bind the City and its assigns or successors, and the manager and
assigns and successors of the manager.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, or hand delivered to the premises managed hereunder, shall
constitute sufficient notice to the manager, and written notice sent by certified or registered
mail or hand delivered to the office of the City shall constitute sufficient notice to the City, to
comply with the terms of this contract.
(e) The rights of the City under the foregoing shall be cumulative, and failure on the part of
the City to exercise promptly any rights given hereunder shall not operate to forfeit any of
the said rights.
(f) It is hereby understood and agreed that manager shall use no signs in connection with
the premises hereunder, except inside the building, which signs shall be subject to the prior
approval of the City.
Clearwater Community Sailing Center Management Agreement
7
(g) It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future
writing signed by the party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from manager is
not received by City within five (5) days after such amount shall be due, manager shall pay
to City a late charge equal to five percent (5%) of such overdue amount. The City shall not
be required to accept any rent not paid within five (5) days subsequent of the date when
due absent the simultaneous payment of this late charge. The requirement for a late charge
set out herein shall not be construed to create a curative period or a grace period for the
timely payment of rent.
(i) Consumption of alcoholic beverages are to be confined to the fenced in area of the
Sailing Center, with the gate closed, appropriate signage and enforcement to prevent
alcoholic beverages from being removed from the premises.
The sale of alcoholic beverages will be confined to three special events per year as
stipulated by City ordinance.
21. SUBROGATION.
The City and manager do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the
managed property or property of City. Each party shall look first to any insurance in its favor
before making any claim against the other party. Nothing contained herein shall in any way
be considered or construed as a waiver or re-agreement by the City of any and all of the
other covenants and conditions contained in this agreement to be performed by the
manager.
22. PARKING SPACES.
Manager shall have the right to use and control any and all legal parking spaces/areas on
or about the managed premises subject to the needs of the City for special events deemed
necessary for official city business. The City agrees to cooperate with manager in obtaining
any and all permits for use and/or construction of parking spaces/areas within the bounds of
the management agreement area.
23. INDEMNIFICATION.
The Manager shall act as an independent contractor and agrees to assume all risks of
providing the program activities and services herein agreed and all liability therefore, and
shall defend, indemnify, and hold harmless the City, 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
Clearwater Community Sailing Center Management Agreement
8
person and loss of the use of any property, except claims arising from the negligence or
willful misconduct of the City or City'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
Manager's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Management in or
about its premises whether or not based on negligence.
24. "AS IS" CONDITION.
The manager accepts the managed premises on an "as is" basis, and City shall have no
obligation to improve or remodel the managed premises, except as set forth above at
paragraph 9(a).
25. CONSTRUCTIVE EVICTION.
Manager shall not be entitled to claim a constructive eviction from the premises unless
manager shall have first notified City in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless City shall have failed within a reasonable
time after receipt of such notice to remedy such conditions.
26. JANITORIAL EXPENSES.
City will continue to maintain its current level of janitorial services for the managed premises
at its expense. Extraordinary expenses for cleanup or trash removal for major regattas or
non-routine functions shall be the expense of the manager.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this agreement shall in nowise affect the
remaining provisions and portions hereof.
28. CAPTIONS.
The paragraph captions used throughout this agreement are for the purpose of reference
only and are not to be considered in the construction of this agreement or in the
interpretation of the rights or obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The manager herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored or otherwise placed
upon the property or, in the alternative, that such materials, wastes or substances may be
located on the property, only upon the prior written consent of the City 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, manager expressly herewith agrees to indemnify and hold City harmless
Clearwater Community Sailing Center Management Agreement 9
from any and all costs incurred by City or damages as may be assessed against City in
connection with or otherwise relating to said hazardous materials, wastes or substances at
anytime, without regard to the term of this agreement. This provision shall specifically
survive the termination hereof.
30. CONFORMANCE WITH LAWS
Manager agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
31. 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.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and 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.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
CLEARWATER COMMUNITY
SAILING ASSOCIATION, INC.
Attest:
By:
Print Name:
Title:
Print Name:
Secretary
Clearwater Community Sailing Center Management Agreement
10
Exhibit A
Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence
N89010'31"E along the South boundary of said Section 17, a distance of 843.47 feet to a point of
intersection with the centerline of the Gulf Boulevard Right-of-Way; thence N42013'31 "E along the
centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a
curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord
bearing of N34049'43"E, a radius of 1909.86 feet, a central angle of 14047'32", an arc length of
493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N5r35'40"W
along a non-radial line a distance of 50.19 feet to the point of cusp, of a non-tangent curve, said
point also being on the west Right of Way line of Gulf Boulevard; thence along a curve to the left,
said curve also being the said west Right of Way line of chord bearing of N25058'24"E, a radius of
1859.86 feet, a central angle of 2038'32", an arc length of 85.77 feet, and a chord length of 85.76
feet; thence S61044'07"E along a non-radial line a distance of 137.96 feet; thence S25051'33"W a
distance of 95.81 feet; thence N5r35'40"W along a non-radial line a distance of 88.73 feet to the
aforementioned Point of Beginning.
Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
run N. 89010'31" E., 843.47 feet; thence run N. 42013'31" E. 886.07 feet, thence run S. 4r46'29"
E., 50.00 feet to the Point of Beginning; thence run N. 42013'31" E. 630.00 feet, thence run S.
4r46'29" E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence
run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean
High Water Line and a Line having a Bearing of S. 4r46'29" E., from the Point of Beginning;
thence run N. 4r46'29" W., 237.00 feet plus or minus to the Point of Beginning.
ADDITIONAL LEASE TRACT:
Commence at the Southwest Corner of Section 17, Township 29 South, Range 16 East; thence
N89010'31"E, along the South boundary of said section 17, a distance of 843.47 feet to the
centerline of Gulf Boulevard; thence N42013'31 liE, along said centerline, a distance of 886.07 feet;
thence leaving said centerline S4r46'29"E, 50.00 feet; to the Easterly right-of-way line of Gulf
Boulevard, thence N42013'31"E, along said Easterly right-of-way line, a distance of 630.00 feet, to
the point of beginning; thence continue N42013'13"E, along said Easterly right-of-way line, a
distance of 100 feet; thence leaving said Easterly right-of-way, S4r46'29"E, to the Mean High
Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line
lying S4r46'29"E of the point of beginning; thence N4r46'29"W, along said line, to the point of
beginning.
Clearwater Community Sailing Center Management Agreement
11
Exhibit B
INSURANCE AND RISK OF LOSS
HOLD HARMLESS
Manager agrees to hold the City, its elected officials, employees, and agents harmless against all
fines, penalties, and claims for bodily injury, sickness, disease, death or personal injury or damage
to property or loss of use resulting there from, arising out of this Agreement unless such claims are
a result of the City's negligence. This provision shall survive the termination of this Agreement.
PAYMENT ON BEHALF OF CITY
Manager agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as
may be selected by the City, for all claims described in the Hold Harmless paragraph identified
immediately above. Such payment on behalf of the City shall be in addition to any and all other
legal remedies available to the City and shall not be considered to be the City's exclusive remedy.
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by manager for the protection of all persons, including
employees, and property. Manager shall be expected to comply with all laws, regulations or
ordinances related to safety and health and shall make special effort to detect hazardous
conditions and shall take prompt action where loss control/safety measures should reasonably be
expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. Manager acknowledges that such stoppage will not shift responsibility for
any damages from manager to the City.
BASIC COVERAGES REQUIRED
Manager shall procure and maintain the following described insurance, except for coverage
specifically waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of manager. The City does not represent
these types or amounts of insurance to be sufficient or adequate to protect manager's interests or
liabilities, but are merely minimums.
Such coverages shall protect manager from claims for damages for personal injury, including
accidental death, as well as any party directly or indirectly employed by manager.
Except for workers compensation and professional liability, manager's insurance policies shall be
endorsed to name the City as an additional insured to the extent of the City's interests arising from
this Agreement.
Except for workers compensation, manager waives its right of recovery against the City, to the
extent permitted by its insurance policies.
Manager's deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager
is responsible for the amount of any deductible or self-insured retention.
Insurance required of manager or any other insurance of manager shall be considered primary,
and insurance of the City shall be considered excess, as may be applicable to claims which arise
out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any
Clearwater Community Sailing Center Management Agreement
12
Additional Insurance provisions of this Agreement. Where no specific limit of coverage is
mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall
be $500,000.
Workers Compensation Coverage
Manager shall purchase and maintain statutory workers compensation insurance for all workers
compensation obligations imposed by state law and employers liability limits of at least $100,000
each accident and $1 00,000 each employee/$500,000 policy limit for disease.
Manager shall also purchase any other coverage required by law for the benefit of employees.
General, Automobile, And Excess Or Umbrella Liability Coverage
Manager shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial General Liability and Business Auto policies of the Insurance Services
Office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Commercial General Liability Coverage - Occurrence Form Required
Coverage A shall include bodily injury and property damage liability for premises, operations,
products and completed operations, independent contractors, contractual liability covering this
Agreement, broad form property damage, and property damage resulting from explosion, collapse
or underground (x, c, u) exposures.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Manager is required to continue to purchase products and completed operations coverage, at least
to satisfy this Agreement, for a minimum of three years beyond the City's acceptance of any
renovation or construction projects.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Business Auto Liability Coverage
Business Auto Liability coverage is to include bodily injury and property damage arising out of
ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles
and employee non-ownership use.
Excess Or Umbrella Liability Coverage
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and
property damage coverage.
Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its
other liability coverage in the amount of $500,000.
Clearwater Community Sailing Center Management Agreement
13
Property Coverage for Sailing Center
The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole)
property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the
sailing center, and its improvements, and any attached personal property or contents belonging to
the City.
Flood Insurance
City shall procure and maintain, flood insurance either for the insured value of any buildings or
structures located on the managed premises or the maximum amount of flood insurance available
through the National Flood Insurance Program.
EVIDENCE/CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City
shall be notified at least 30 days in advance of cancellation, non-renewal or adverse change.
New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage
renewals.
If requested by the City, manager shall furnish complete copies of manager's insurance policies,
forms and endorsements.
For Commercial General Liability coverage, manager shall, at the option of the City, provide an
indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, which indicate less coverage than required does not
constitute a waiver of manager's obligation to fulfill the insurance requirements herein.
Clearwater Community Sailing Center Management Agreement
14
Exhibit C
Clearwater Community Sailing
Association, Inc.
"Sailing For Everybody"
Business Plan
July 15, 2005
Authored by:
Clark A. Keysor (President CCSA non-profit corporation)
David Billing (Secretary CCSA non-profit corporation)
Michael Dooley (Treasurer CCSA non-profit corporation)
Joe Calio (CCSA Board member non-profit corporation)
AI Humphers (Director of CCSA non-profit corporation)
Contents:
1. Mission
2. Goals
3. Facilities
4. Programs
5. Regattas
6. Example programs
7. Glossary
8. Biographies
9. Finances
Clearwater Community Sailing Center Management Agreement
15
1. Mission
The mission of the Clearwater Community Sailing Association is to promote community sailing at
the Clearwater Community Sailing Center and to promote educational and safe sailing programs
for all under the slogan, "Sailing For Everybody." This includes youth, seniors, disabled,
recreational and Olympic class sailors.
2. Goals
The purposes of this non-profit organization shall be:
. Maximize utilization of the existing facility
. Expand CCSC facilities in size and scope, including parking
. Promote sailing education
. Build upon and enhance the fleet of boats for educational and recreational use
. Promote regattas on a local, national and international scale
. More fully serve the community and local sailing
. Attract grants & funding from various sources
. Act as a focus for Olympic class training and racing
. Develop a strong volunteer program
. Alleviate the financial burden from the City of Clearwater and its tax base
3. Facilities
Years ago local sailors flocked to the beach at Sand Key to launch boats off the sandy area where
today stands the CCSC. It was due to the combined efforts of many local sailors from individuals,
Clearwater Yacht Club (CYC), Windjammers of Clearwater (WJoC) and The Sand Key Civic
Association that the site was saved from becoming a parking lot and transformed it into one of the
finest sailing facilities in North America.
The current site consists of a modern building with office, storage, repair, elevator, utilities, toilets,
showers and meeting facilities. The physical site includes all land from the edge of Gulf Boulevard
to the waters edge and from the property line of the Marriott Suites (at the South) to the end of the
beach (at the North).
The Phase I area consisting of the building, compound and parking lot are barely able to support
regional or mid winters grade regattas for larger classes. This puts a strain on resources and
space. It limits regatta size and hurts the image of the CCSC with visiting sailors. Furthermore it
restricts the ability of the Center to generate larger lines of income.
Core to turning around the ability of the CCSC to be self-supporting and to be a truly useful facility
is its expansion into the facility it was originally envisaged to be, including Phase II with Managed
Storage.
Time is of the essence for the City to start the expansion of the building. The plans are finished to
everyone's satisfaction. It would allow CCSC, Sailability, CYC and other outside sources to have
several things going on at one time. This would generate more income to support more staff,
which would make CCSC not only a marketing tool for the City of Clearwater but alleviate the
financial burden. Shake-a-Leg, Miami is the goal CCSC has for the City of Clearwater.
Clearwater Community Sailing Center Management Agreement
16
The expansion would give CCSC and Sailability the office space they need to have a great
working relationship. Instead of scheduling one class at a time for the Coast Guard Auxiliary, we
could have several different organizations having meetings and classes at one time. Additional
office space would help CCSC and SGTB work in tandem on Fund raising and Grant Writing along
with taking care of the customer base.
Modification of the existing space would make possible the establishment of a small rest area with
a cafe serving coffee, sandwiches and soda and a small chandlery stocking replacement dinghy
parts on site with locker rental for sailors.
Addition of storage for user Groups such as Sailability, Windjammers, etc.
4. Programs
A sailing center lives or dies by its programs running day to day. These programs would be
expanded to include the following:
. CCSC supported teaching programs, with CCSC members
. Youth sailing and training
. Seniors sailing and training
. Private tuition lessons to CCSC members
. Olympic grade tuition from Olympic class members & instructors to other teams
. Collaborative courses with "Stay and Sail" package deals with adjacent hotels
. Expanded opportunities to use CCSC sailing boats with other local organizations
. "Go Sailing" events to increase exposure to the public
. US Sailing Clinics
. Non-profit groups will continue to enjoy preferential use of meeting room
. Kayak and paddling sports
. Rental concession for day sailing visitors
. Hours of operation have been expanded
Paralympic classes (Sonar [draft 3' 11 "] and 2.4metre [3' 3"]) are not currently suitable for
launching at the current CCSC - future work might make this a possibility.
Significantly wider exposure for programs will be exploited in the Sailing Press including
Southwinds, Sailing World, Cruising World, SAIL, Sailing, etc. at all opportunities.
5. Regattas
The CCSC has tremendous potential to host many more regattas, especially with an attractive fee
structure, support and improved facilities. Chief advantages are:
. Local accommodation extensive
. 365 days of the year compatible weather - attractive for Mid Winter events
. On site repair and replacement
. Accessibility to Clearwater Harbor and Gulf of Mexico sailing
. On site refreshments
. Extensive beachfront makes dolly launching easy -100, Laser, Laser II, Cats.
Clearwater Community Sailing Center Management Agreement
17
. Catamaran racing circuit - Alter Cup, Olympic Training, Hobie National events for all Hobie
classes, Nacra, Inter and Prindle, etc.
The CCSC has genuinely become a major Regatta site.
6. Example programs
These example programs show how it can be done. These are all examples of Non-Profit run
Community Sailing Centers that have explanatory web sites. Some have a history; others are
growing, some just adding major building facilities. All seem vibrant and backed by their local
sailing community, Public Service Organizations, City and County affiliates.
Sandy Hook Bay Catamaran Club, NJ - http://fleet250.ora
Baltimore Community Sailing Center - http://www.downtownsailina.ora
Naples (FL) Community Sailing Center, FL - http://www.aulfcoastsailinaclub.ora/NaplesCSC.htm
Savannah Sailing Center - http://www.savannahsailinacenter.ora
Boston Piers Park Sailing Center - http://www.piersparksailina.ora
Boston Courageous Sailing Center - http://www.couraaeoussailina.ora
Baltimore County Sailing Center - http://www.bcsailina.ora
United States Sailing Center, Long Beach - http://www.uscsailina.ora/.htm
Traverse Area Community Sailing - http://www.tacsailina.com
Lake Champlain Community Sailing Center - http://www.lccsc.ora
Breakwater Yacht Club, Community Sailing Center, NY - http://www.breakwatervc.ora
Regatta Point Community Sailing, Worchester MA - http://www.reaattapoint.ora
Sail Sand Point Community Sailing Center, WA - http://www.sailsandpoint.ora
Jericho Community Sailing Center, Vancouver BC - http://www.isca.bc.ca
Hampton Roads Community Sailing Center - http://www.sailhamptonroads.ora
Milwaukee Community Sailing Center - http://www.sailinacenter.ora
Edison Sailing Center - http://www.edisonsailinacenter.ora
Treasure Island Sailing Center - http://www.tisailina.ora
Mount Desert Island Community Sailing Center - http://www.ellsworthme.ora/mdisailina
Shake-a-Leg, Miami, FL - http://www.shakealeamiamLora
7. Glossary
CCSC - Clearwater Community Sailing Center
SGTB - Sailability of Greater Tampa Bay
CYC - Clearwater Yacht Club
Clearwater Community Sailing Center Management Agreement
18
8. Biographies of team members
Clark A. Keysor
Position: President Board of Directors, Clearwater
Education: Ohio State University, Business Management
University of Dayton, Engineering
Sinclair State University
Professional Background: Retired since 1996: Design Engineer at National Cash Register, 45
years of owning different businesses from working with Presidents Truman, Eisenhower, Kennedy,
Johnson, and other State and Federal officials. Owned largest independent automobile service
garage in Ohio. Second largest Dairy Queen Brazier in Ohio. Owner of four Florida wholesale
office furniture outlets in Clearwater, Miami, Orlando and Tampa. Maintain active Florida Real
Estate Broker's License.
Sailing experience: Sailing for 30 years, U.S. Sailing certified level 1 instructor. Past owner of J-
24 and all size Hobie Beach Catamaran's that I sail and race for fun. Competed in 2 Worrell 1000-
mile Atlantic Coast distance races.
Community Service: Korean War Veteran, Board Dayton Boys Club, Dayton's Christ Episcopal
Church Vestry, Southern Ohio Gasoline Dealers Association, Ombudsman for Automotive
Dealerships, Hobie Fleet and Florida Division Officer, Sailability of Greater Tampa Bay, Inc.
David Billina
Position: Secretary, Clearwater Community Sailing Association, Inc.
Education: Higher National Diploma in Mechanical Engineering. Poole Technical College, UK
Professional background: 30 years experience in Information Technology management and
systems implementation.
Sailing/Watersports experience/certifications: Started sailing in 1957 and have owned,
maintained and operated power and sailboats from 10 to 40 feet. Currently owner of a Beneteau
31 sail boat. Have many years experience in regatta and race organization and management.
Past Commodore and current director of Youth Sailing at the Clearwater Yacht Club.
Community Service background: One of the founding board members of the Clearwater
Community Sailing Association, Inc. My particular interest is to provide affordable facilities and
training for young people from all backgrounds to excel at competitive sailing.
Michael T. Dooley
Position: Treasurer, Clearwater Community Sailing Association, Inc.
Education: Siena College, BBA, majoring in accounting
Professional Background: Management of small accounting and tax services, specializing in
working with small business utilizing QuickBooks accounting software. With 40 years of senior
level accounting and finance background, including public accounting with a Big "4" CPA firm,
CFO of several hospitals, CFO and Treasurer of Healthcare System, CFO of Hospital Division of
publicly traded corporation
Sailing/Watersports experience/certifications: None
Community Service background: 6 years on Board of Sand Key Civic Assn., including Vice-
President and Treasurer, First year on Board of Clearwater Community Sailing Association, Inc.,
elected Treasurer.
Clearwater Community Sailing Center Management Agreement
19
Joseph A. Calio
Position: Board of Directors, Clearwater Community Sailing Center
Education: Bachelor of Science, Temple University
Postgraduate work in Histology, Temple University
Columbia University - 6 week Executive Management Program
Professional background: 45 years in health care: salesman, district manager and general
manager for major pharmaceutical companies; co-owner of fifth largest hospital supply company in
the USA.
SailinglWatersports experience/certifications: None
Community Service background:
Member of original Board of Directors of Clearwater Community Sailing Center
Board of Directors of Jolly Trolley since inception
Board member and past president of Sand Key Civic Association
Chairman, Beautification of Sand Key Committee
Member, Clearwater Fire Task Force
Member, Pinellas County Fire Task Force
Chairman, Sand Key Dune Vegetation program
Started the Sand Key Volunteer Beach Patrol program
Citizens Involvement Committee, Belleair Causeway Bridge Project
AI Humphers
Position: Director, Clearwater Community Sailing Center
Responsibilities: The day to day management and fiscal responsibility for CCSC operations and
facilities; Program development and promotion; Community Relations.
Education: Purdue University, BA - International Relations
Harvard Business School - 6 weeks Executive Management Program
Professional background: 40 year career in domestic and international Hospitality Industry
management including corporate level human resources and labor relations positions with Marriott
and Holiday Inns; hotel General Manager positions with Holiday Inns International and Hilton
Hotels in the U.S. and over seas; General Manager positions with Clearwater and Royal Palm
Yacht Clubs.
SailinglWatersports experience/certifications: Started sailing at the age of 10 in EI Toro
dinghies on San Francisco Bay. Have owned, maintained and sailed boats from 8 to 52 feet.
Have logged over 10,000 offshore miles in the Atlantic, Caribbean, Pacific and Gulf of Mexico.
U.S. Coast Guard Masters License with Sail endorsement. U.S. Sailing certified level 1 instructor.
Community Service background: 2 years as Vice President, Board of Directors, Clearwater
Community Sailing Association, Inc.
Clearwater Community Sailing Center Management Agreement
20
9. Finances
The year 2000-2001 City budget was used as a starting point for the outgoing expenses. The
income is based upon best estimates for new and existing programs. Significant new income
comes from a variety of sources including Managed Storage, Rental, Parts, launching fees and
additional events in the calendar.
On October 29, 2004 CCSC and SGTB worked together to submit a Grant to Pinellas County
Parks and Recreation. Working together they produced $225,000 to be used to teach sailing to
people living in unincorporated areas.
Government, Corporate, Organizational and individual sponsorship will be sought for capital and
revenue related line items.
Appendix A - Shows Satellite photograph of CCSC site.
Appendix B - The proposed rates table for the use of facilities
Appendix C - The Expenses and Income statements for the proposed Non-Profit operation.
Clearwater Community Sailing Center Management Agreement
21
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CCSC Price List
Appendix B. Rates Table.
Membership Rates
Individual $325
Family $425
Youth $175
Seasonal Individual $225
Seasonal Family $300
Daily Individual $10
Daily Family $25
Boat Rental Rates - Hourly + Daily Membership
Kayaks $15
Prams $15
Sunfish $15
Puffer $20
Laser $20
JY15 $25
Hobie Wave $25
Hobie Getaway $40
Sunbird $40
Boat Rental Packages
Rent 3 hours, get 4th hour free
Sailing Escape 12 Hour Package
Pram, Sunfish, Laser
Wave, JY15
Getaway, Sunbird
Sailing Instruction Rates
Private/Hour - 1 person
Additional person
6 Hour Package - 1 person
Additional person
Individual
$130
$150
$180
$40
$20
$200
$100
4 Months
4 Months
2 Hour Minimum
2 Hour Minimum
Family
$150
$170
$200
20 Hour Group Instruction $300
Boat Storage - Annual rate plus Family Membership @ Individual rate required.
Mast Up
Catamaran over 16'
Catamaran up to 16'
Monohull over 16'
Monohull up to 16'
Mast Down Under Bridge
Rack storage, Main Yard
Annual Valet Service
Daily boat storage
Carlisle Room Rental Rates
Friday, Saturday, Sunday
Monday thru Thursday
Each Additional Hour
Each Additional Hour
$800
$600
$600
$400
$500
$300
$50
$10
$550
$450
$75
$100
(4 Hrs + 2 Hrs setup/cleanup)
(4 Hrs + 2 Hrs setup/cleanup)
(Booked in advance)
(Booked day of event)
Clearwater Community Sailing Center Management Agreement
Appendix C.
Clearwater Community Sailing Center
Budget Projection
Fiscal 2005 - 2010
FY 2005 FY 2005 FY2006 FY 2007 FY 2008 FY 2009 FY20I0
6 Mos. Actual Proiected Proiected Proiected Proiected Proiected Proiected
Income
Contributions
Donations 13,304
Soecial Fund Donations 2,135
Total Contributions 15,439 25,000 25,750 26.523 27,318 28,138 28,982
Inactive Income Accounts
Discount Invoices -1,772 -3,500 -3,500 -3,500 -3,500 -3,500 -3,500
Total Inactive Income Accounts -1,772 -3,500
Non Profit Income 275
Advertisinl! Income 30
Apparel 647
Boat Rental 10,427
Boat Storal!e 9,885
Facilities Rental 11.106
Membership Dues 35,221
Prol!ram Fees & Services 32,062
Reeatta Income 10,622
Room Rental Bookinl! Fee 4,193
Total Non Profit Income 114,468 250,000 257,500 265,225 273,182 281,377 289819
Total Income 128,135 271,500 283,250 291,748 300,500 309,515 318,800
Exoenses
Bank Charl!es 0
Bad Check Charees 5
Credit Card Fees 25
Online Merchant 204
Total Credit Card Fees 229
Service Charl!e 1,215
Total Bank Charl!es 1,449 3,000 3,100 3,200 3,300 3,400 3,500
Dues & Subscriotions 390 1,200 1,250 1,300 1.350 1,400 1,450
Informationrrechnolol!v 201 400 400 400 400 400 400
Insurance
Fire & Liabilitv 8,959
Health Insurance 1,270
Workman's Comp 785
Total Insurance 11,014 25,000 26,000 27,000 28 000 29.000 30,000
Maintenance
Buildine 732
Grounds -36
Power Boats 1,179
Fuel 107
Total Power Boats 1,286 2,500
Rental Boats 6,631 10,000
Clearwater Community Sailing Center Management Agreement
Total Maintenance 8,613 12,500 13,000 13,500 14 000 14,500 15,000
Marketin!! & Sales
Advertisin!! 302
Total Marketin!! & Sales 302 600 650 700 750 800 850
Office Expenses 5
Office Supplies 603
Posta!!e & Shinnin!! 143
Total Office Expenses 751 2,000 2,100 2,200 2,300 2,400 2,500
Operatin!! Expenses
Community Pro!!rams 37
Retail sales items 311
Youth Pro!!rams 53
Total Operatin!! Expenses 401 4,000 4,500 5,000 5,500 6,000 6,500
Pavroll
Paychex Payroll
Emplovee Net 48,440
Pavroll taxes 13,584
Total Paychex Payroll 62,024
Total Pavroll 62,024 140,000 150,000 160,000 170,000 180,000 190,000
Permits & Licenses
Boats 33
Total Permits & Licenses 33 150 150 150 150 150 150
Professional Fees
Intuit-OB 315
Le!!al 1,268
Pavchex Fees 922
Total Professional Fees 2,504 5,000 5,500 6,000 6,500 7,000 7,500
Re!!attas
Eouinment 18
Events 897
Total Re!!attas 915 4,000 4,500 5,000 5,500 6,000 6,500
Rent
City of Clearwater 7,273
Total Rent 7,273 13,600 13,000 13,400 13,800 14,300 14,700
Sailin!! Instruction Cost 200
Books 760
Total Sailin!! Instruction Cost 960 1,200 1,300 1,400 1,500 1,600 1,700
Taxes
Penalties 259
Total Taxes 259 300 100 100 100 100 100
Utilities
Cable 521
Electric 2,867
Telenhone 514
Water, Sewer, Trash 3,934
Total Utilities 7,836 16,000 17,000 18,000 19,000 20,000 21,000
Total Exnenses 104,925 228,950 242,550 257,350 272,150 287,050 301,850
Net Operatin!! Income 23,209 42,550 40,700 34,398 28,350 22,465 16,950
Net Income 23,209 42,550 40,700 34,398 28,350 22,465 16,950
Clearwater Community Sailing Center Management Agreement
tet
City Council
Cover Memorandum
PerK - J
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Trackina Number: 1,519
Actual Date: 09/01/2005
Subject / Recommendation:
Approve a one-year funding agreement, in the amount of $281,220 between Jolley Trolley
Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation
and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater
Beach to Downtown Clearwater and the appropriate officials be authorized to execute same.
Summary:
Jolley Trolley Transportation of Clearwater Inc. (Jolley Trolley) has been operating trolley service
along the City's beach communities and downtown for twelve years.
The current one-year funding agreement expires on September 301 2005. Current funding
supports approximately 54% of the trolley overall budget with the remaining 46% coming from
fares, rentals, and advertisements. Specifically the funding is for:
---. T-rolley service between Clearwater Beach and Sand Key - $149,270
. Trolley service between Clearwater Beach, Island Estates, and Downtown Clearwater - $70,250
. Trolley vehicle maintenance - $50,000
. Office space rent - $11,700
Funding during the annual term of the current agreement totals $ 281,220, which is supported
through the parking fund ($231,220) and the CRA ($50,000).
The new proposed agreement includes:
. Holding the line on funding
. Trolley service between Clearwater Beach and Sand Key - $149,270
. Trolley service between Clearwater Beach, Island Estates and Downtown Clearwater - $70,250
· Trolley vehicle maintenance - $50,000
. Office space rent - $11,700
· Transportation pick-up 25 minutes apart
. Posted route schedules at all pick-up location
Funding during the term of the new agreement totals $ $281,220. The source of the funding for
the new agreement will be the parking fund ($231,220) and the CRA ($50,000).
The Parks and Recreation Department will continue to administer compliance of the agreement.
A copy of the agreement is available for review in the Office of Legislative Services Office.
Originating: Parks and Recreation
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearino: No
Financial Information:
..
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City Council
~m"",,__,,~,~,g.~~~!:!~m~~o'!~!'m.,..r1,~Il1~,~.!t!1 dum
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~ Operating Expenditure
Bid Required? No
Bid ExceDtions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$281,220.00
Annual ODeratina Cost:
$281,220.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$281,220.00
Not to Exceed:
$281,220.00
Appropriation Code(s)
435-01333-530300-545
188-09311-582000-552
Amount
$231,220.00
$50,000.00
Comments
Parking Fund
CRA
Review Approval
Kevin Dunbar
Laura Lipowski
08-15-2005 13:02:32
08-24-2005 15:33:03
08-15-2005 13:41:13
08-24-2005 10:39:58
08-18-2005 13:33:00
08-24-2005 10:51:56
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Sill Horne
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT
R~'. P'H< ,- l
IJ . <-/
This Trolley System Funding Agreement is made and entered into this day of
, 2005, between the City of Clearwater, hereinafter referred to as the ("City") and
the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit
corporation, hereinafter referred to as the ("Corporation").
ARTICLE I. TERM
The term of this agreement shall be for a period of one (1) year commencing on October 1, 2005,
and continuing through September 30, 2006, (the "Termination Date"), subject to annual budgetary
appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of
this agreement.
ARTICLE II. RESPONSIBILITIES OF THE CORPORATION
1) Services to be Provided. The Corporation shall provide the transportation services to
promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand
Key, and service from Clearwater Beach to Downtown Clearwater, as described in Exhibit A.
In addition, the Downtown Clearwater route shall include trolley service to the main Library.
2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups
which will be no more than 25 minutes apart (conditions permitting).
3) Posted Route Schedules. The Corporation shall provide posted route times at each
designated pick-up listing all scheduled pick-ups for said approved pick-up location.
4) Scheduled Reports of Activities. The Corporation shall furnish the City with a financial
audit certified by independent Certified Public Accountant within 90 days of the end of the
fiscal year to the Parks and Recreation Director. The financial report is to set forth the total
cost of operations provided, and the detailed account of operational costs funded in part by
the City.
5) Use and Disposition of Funds Received. Funds received by the Corporation from the City
shall be used towards the payment of expenses attendant to the operation of the Trolley
System. A proposed annual budget will be submitted to the Parks & Recreation Director by
May 31 of each year.
6) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. The Corporation shall create, maintain and make accessible
to authorized City representatives such financial and accounting records, books,
documents, policies, practices and procedures necessary to reflect fully the financial
activities of the Corporation. Such records shall be available and accessible at all
times for inspection, review or audit by authorized City personnel.
b) Use of Records. The Corporation shall produce such reports and analyses that may
be required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
c) Maintenance of Driver's Log and Check Point System. The Corporation agrees
to maintain a driver's log and a check point system to document compliance with the
agreed upon schedule. Changes to these attached schedules are at the discretion
of the Corporation Board of Directors, but will be submitted to the City at least two
weeks prior to implementation. Any change, or series of changes, which will cause
1
more than a 25% reduction in the routes may, at the discretion of the City Council,
be considered failure to adhere to the terms of the contract and may be grounds for
reducing the funding commitment or may be considered cause for termination of the
contract.
d) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the applicable
fiscal year.
7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation
for itself, agents and representatives, as part of the consideration for this agreement does
covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination in the operation of this
program on the grounds of race, color, religion, sex, handicap, age or national origin.
b) No Exclusion from Hire. In the management, operation, or provision of the program
activities authorized and enabled by this agreement, no person shall be excluded
from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discrimination on the
grounds of race, color, religion, sex, handicap, age, or national origin, except that
age may be taken into consideration to the extent that the age of an employee is a
bona fide occupational qualification.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-
contracts.
d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the
right to terminate this agreement.
8) Liability and Indemnification. The Corporation shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, 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 City or City'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 Corporation's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Corporation whether or not based on negligence.
9) Compliance with Laws. Corporation shall comply with all federal, state, county and local
laws, rules and regulations applicable to the operation of the vehicles. If it is ever
determined that this Agreement violates any federal, state, county or local laws, rules or
regulations, then Corporation shall comply in a timely manner or City may terminate.
ARTICLE III. RESPONSIBILITIES OF THE CITY
A) Grant of Funds for Operations. The City, subject to annual City Council approval, agrees to
fund in part the operational costs incurred in providing the activities and services authorized by
this agreement as follows:
2
. An annual amount of $149,270 for providing trolley service between Clearwater Beach and
Sand Key based upon the Corporation meeting the route schedule attached as Exhibit A.
. An annual amount of $70,250 for providing trolley service between Clearwater Beach, Island
Estates and Downtown area based on the Corporation meeting the route schedule attached as
Exhibit A.
. An annual amount of $50,000 towards the cost of maintaining the trolley vehicles.
. An annual amount of $11,700 for the lease of office space.
. Payable in equal payments of 1/12 per month per fiscal year.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties.
No representations or warranties by either party shall be binding unless expressed herein or in a
duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect
shall constitute cause for termination. Either party may terminate this Agreement by giving
the other party sixty (60) days notice of termination. If the default is not cured within sixty
(60) days, the non-defaulting party may give the defaulting party notice of termination and
this Agreement shall terminate 60 days after receipt of such notice.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this Agreement shall be
returned to the City within 30 days of demand.
ARTICLE VI. 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), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1 )
If to Corporation, addressed to:
Jolley Trolley Transportation of Clearwater, Inc.
483 Mandalay Avenue, Suite 213
Clearwater, FL 33767
2)
If to City, addressed to:
City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
With copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
3
And
Parks and Recreation Director
P.O. Box 4748
Clearwater, FL 33758-4748
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date below written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
,2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
JOLLEY TROLLEY TRANSPORA TION
OF CLEARWATER, INC.
By:
Its
Attest:
4
~"-ata
u~
City Council
~m",~._~g,endaM,,~,~ver Memora~'~"~"!!!"M,_m,......,_m,..".,'=.= _=
Tracking Number: 1,474
Actual Date: 09/01/2005
Subject 1 Recommendation:
Approve the lease purchase financing for a mobile performance platform; award a contract to
Century Industries, LLC of Sellersburg, Indiana, in the amount of $39,083 and establish a capital
improvement project for the purchase of the performance platform in the amount of $39,083 to
be funded from lease purchase financing.
Summary:
The Special Events Division of the Parks and Recreation Department manages the setup, use
and rental of the portable stagemaster as well as a wooden portable stage unit for various
special events, ribbon cutting ceremonies, performances and speeches. The current
stagemaster was purchased in the mid 1950s.
Due to the complexity of setup, cost of personnel and wear and tear on the stagemaster it is
used for city and co-sponsored city events only. Other groups needing a performance platform
used the remaining wooden portable stages.
However, after numerous refurbishment attempts the performance platform has deteriorated to
a condition that it is in need of replacement.
Due to the numerous requests the department has regarding the use of this type of equipment,
staff is recommending the purchase of a new 32-foot mobile performance platform. The new
platform will have an aluminum deck and handrails and can easily be set up by one person.
The platform can be transported by utilizing existing vehicles. It has a life expectantcy of 40
years.
Staff is requesting a new CIP project and budget in the amount of $39,083 be established at
third quarter to purchase the performance platform. Funding for this purchase will be provided
from lease purchase financing.
Annual operating costs for debt service payments of approximately $14,500 for this purchase
will be funded from the Special Events project budget, 0181-99838-591600-572-0000.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
financial Information:
~ Operating Expenditure
Bid Reauired? No
f~. d
1l,5'
~~
u~
City Council
Cover Memorandum
Bid Exceptions:
Sole Source
Other Contract?
other
In Current Year Budget?
No
Budget Adjustment:
Yes
Budget Adjustment Comments:
Budget adjustment at third quarter.
Current Year Cost:
$0.00
Annual Operating Cost:
$4,830.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$53,583.00
Not to Exceed:
$39,083.00
Appropriation Code(s)
0316-93250-564000-572-000
0181-99838-591600-572-000
Amount
$39,083.00
$14,500.00
Comments
Lease purchase of performance platform
Debt service payments on loan
Review Approval
Kevin Dunbar
08-15-2005 16:03:05
Georoe McKibben
08-24-2005 12:32:04
Bill Horne
08-24-2005 17:22:47
Tina Wilson
08-16-2005 07:47:59
Cvndie Goudeau
08-26-2005 08:25:52
City Council
Cover Memorandum
Laura Lipowski
08-18-2005 13:35: 15
08-24-2005 15:33:41
Garry Brumback
PD-\
atet
City Council
Cover Memorandum
H.b
Tracking Number: 1,517
Actual Date: 09/01/2005
Subject 1 Recommendation:
Approve an addendum to the agreement between the City of Clearwater and the School Board of
Pinellas County, Florida to continue to provide one additional School Resource Officer at each high
school, Clearwater and Countryside, during school year 2005/2006, and authorize the appropriate
officials to execute same.
Summarv:
1. For over 20 years, the City of Clearwater has had a contractual agreement with the Pinellas
County School Board to provide School Resource Officers (SROs) to both Clearwater and
Countryside High Schools. The agreement provides for cost sharing between the City and the
School Board. The current 3-year agreement, reached in 2003, extends through the end of the
2005/2006 school year. The original terms of that agreement allowed for one (1) SRO at each
school.
2. A Supplement Agreement was awarded by the City Council for the temporary assignment of
an additional School Resource Officer (SRO) at Clearwater High School for school year 2003/2004
on November 20, 2003. Subsequently, it was determined by the Pinellas County School Board
and the City of Clearwater that additional SROs were needed at both high schools, Clearwater and
Countryside, during school year 2004/2005 and an addendum to the agreement for two additional
SROs was awarded by the City Council on November 18, 2004. These temporary positions were
necessary because of marked increases in drug possession, disorderly conduct, battery,
disruptions, and trespassers.
3. The proposed addendum will address the assignment of two (2) School Resource Officers at
both Clearwater and Countryside High Schools for school year 2005/2006, the final year of the
current agreement. The police department received City Council approval on November 18, 2004
for the funding of the temporary positions through the fiscal year 2004/2005. The police
department received consent from city management to incorporate the positions into their
2005/2006 budget, and once the 2005/2006 budget is approved by City Council, the positions will
become permanent and funded through the police department's operating budget.
4. The Pinellas County School board will contribute $36,739.47 for each SRO for the 2005/2006
term, and the Police Department will fund the $12,036.78 balance for each officer (total amount
$24,073.56) through its operating budget.
5. When the current 3-year contract is renegotiated in 2006, it will provide for four (4) total
SROs for the duration of the contract term, thereby eliminating the need for annual addendums.
6. A copy of the addendum agreement is available for review at the Official Records &
Legislative Services Department.
Originating: Police
Section: Consent Agenda
Cateaorv: Agreements/Contracts - with cost
Number of Hard Copies attached: 2
Public Hearing: No
City Council
Cover Memorandum
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budget Adiustment:
No
Current Year Cost:
$2,006.13
Annual Operatina Cost:
$24,073.56
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$24,073.56
ADDroDriation Code(s)
0010-01138-510100-521-000
Amount
Comments
$24,073.56
Review Approval
Rob Surette
Bill Horne
08-15-2005 09:50:09
08-29-2005 08:08:52
08-08-2005 07:25:57
08-26-2005 08:33:51
08-24-2005 15:52:31
08-26-2005 14:51:57
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Joseph Roseto
\2.Q', ~'-\
JJ ~b
SCHOOL RESOURCE OFFICER AGREEMENT
ADDENDUM NO.2
This is a continuance of the Agreement entered into by and between the SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA (referred to herein as the "BOARD") and THE
CITY OF CLEARWATER, (the City of Clearwater referred to herein as "C.P.D.") dated
, 2005.
It is the intent of the parties herein to renew the above-described Agreement with all
terms and conditions of said Agreement remaining the same except as provided herein
below:
1. Article I.A is amended to read as follows:
A. Provision of School Resource Officers. The C.P.D. shall assign one
regularly employed officer to each of the following schools, except for the 2005 - 2006
school year, the C.P.D. shall assign two officers to each school:
High Schools
1. Clearwater Senior High School
2. Countryside Senior High School
2. Article I.C.3 is amended to read as follows:
C. 3. The Board and C.P.D. will cooperate to avoid the use of officers who must
be paid at overtime rates to substitute for regular SROs, but recognize that at times the use
of overtime will occur. If a substitute SRO must be utilized, the School Board shall reimburse
C.P.D. for 50% of the replacement officer's rate of pay, including overtime if applicable, for up
to 40 hours per SRO position during each year of this Agreement. C.P.D. agrees that it will
absorb all the costs of providing substitutes beyond the 40 hours. Both parties agree that the
sum of $706.20 represents the aggregate total of the Board's financial obligation for each
officer for the 40 hours calculated based on the actual highest hourly rate of pay for an officer
on the pay scale (excluding command positions) working at an overtime rate as of July 1,
2003. Therefore the parties agree that in lieu of billing for substitutes, on an individual basis
that the Board will pay the $58.85 amount per officer in 12 monthly payments, during each
year of this contract. The rate for each future year of the term of this agreement will be
increased by utilizing the actual highest rate of pay for an officer on the pay scale (excluding
command positions) working at an overtime rate as of July 1, 2004 and July 1, 2005
respectively.
3. Article III is amended to read as follows:
A. In consideration of the services provided herein, the BOARD shall pay to the City of
Clearwater the sum of $36,739.47 (THIRTY SIX THOUSAND SEVEN HUNDRED THIRTY-
NINE DOLLARS AND FOURTY-SEVEN CENTS) for each SRO for the 2005-2006
contractual term. Payments shall be made in monthly installments, and shall be submitted in
a timely manner in a manner to be determined by the Board. The invoice for the month of
May shall be submitted no later than the 15th of June. No other consideration will be required
during the term of this Agreement for the in-school services called for herein. Compensation
by the BOARD for officers assigned to a school for less than a full school year shall be
prorated pursuant to the established annual rate for that school year.
The BOARD shall, however, reimburse the C.P.D. for all security services performed at
school functions occurring after regular school hours. The rate of reimbursement for such
after-school activities shall be in accordance with the C.P.D. salary policy and procedures.
The school shall be billed for the services within thirty (30) days from the date of service, and
any services provided during May shall be submitted no later than the 15th of June. In the
event that summer schools are offered and require law enforcement coverage the number of
summer schools covered by the C.P.D. shall be determined through negotiation, and the
costs prorated, based upon the required hourly coverage contained in Article III.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the date first above written.
THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
By:
Attest:
Print:
Chairman
Print:
Ex-Officio Secretary
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
By:
William B. Horne II
City Manager
Approved as to form:
By:
Attest:
Cynthia E. Goudeau
City Clerk
Sign:
Print:
School Board Attomey
~.~
l.!~
City Council
Cover Memorandum
~ ()9 - 3
11.7
Tracking Number: 1,513
Actual Date: 09/01/2005
Subject / Recommendation:
Approve a work order to TBE Group, Inc. (EOR) in the amount of $134,410 for utility relocation
design services being performed in conjunction with the Florida Department of Transportation's
(FDOT) S.R. 55/US 19 (South of Seville Blvd. to North of S.R. 60) roadway improvement project
and authorize the appropriate officials to execute same.
Summary:
The Florida Department of Transportation (FDOT) is currently designing the roadway
improvements of S.R. 55/US 19 from South of Seville Blvd. To North of S.R. 60. This roadway
improvement project will necessitate the relocation or adjustment of the City's water and
sanitary sewer mains and appurtenances within the project limits.
The funding code breakdown is as follows for this project:
Capital Project:
Water Line Relocation:
Sanitary UtilityRelocation:
Expense Code: Amount:
0378-96742-561300-533-000-0000
0343-96634-561300-535-000-0000
Total: $134,410.00
$100,807.00
$33,603.00
FDOT's final design phase is anticipated to be complete in May 2008, and construction is
tentatively scheduled to begin in early 2009.
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 funding with 2006 Water and Sewer Revenue Bond
proceeds when issued is available in this project, 0378-96742 Line Relocation Capitalized, in the
amount of $100,807.00. Budget and revenue are available in the 2002 Water and Sewer
Revenue Bond Construction Fund in the amount of $33,603.00 in project 0343-96634, Sanitary
Utility Relocation.
A copy of the work order is available for review in the Official Records and Legislative Services
Office.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
financial Information:
~ Capital Expenditure
~~
u~
City Council
Cover Memorandum
In Current Year Budget?
Yes
Current Year Cost:
$134,410.00
Appropriation Code(s)
0378-96742-561300-533-000
0343-96634-561300-535-000
Review Approval
Glen Bahnick
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Tina Wilson
Garry Brumback
Amount
Comments
Water
Sanitary
08-11-2005 10:21:58
08-12-2005 10:45:44
08-17-2005 12:38: 18
08-11-2005 14:39: 15
08-22-2005 08:37:30
08-11-2005 15:27:32
08-17-2005 09: 11 :08
$100,807.00
$33,603.00
City of Clearwater
Public Works Administration
TBE Group, Inc. (TBE) Work Order Initiation Form
Date: June 16, 2005
TBE Project Number: 00083-141-00
City Project No.: 05-0049-UT
PROJECT TITLE: US 19 from South of Seville Blvd.To North ofSR 60
Utility Accommodation Services
1. BACKGROUND:
The Florida Department of Transportation proposes improvements to US 19 from
approximately 2300 feet south of Seville Blvd. to north of SR 60. The City's water and
sewer utilities will require relocation and/or adjustments as necessitated by the highway
improvements.
2. SCOPE OF WORK:
TBE will provide Professional Engineering services necessary to accomplish the
following:
< Attend Phase II, III and IV utility meetings with the Florida Department of
Transportation (FDOT)
< Prepare Phase I markups and submit to FDOT
< Prepare Phase II plans using FDOT color code and submit to FDOT
< Prepare design plans on Phase III electronic drawings supplied by FDOT
< Prepare relocation schedule, technical special provisions and cost
estimates
< Prepare and submit FDOT utility permit application
< Submit final JP A package to FDOT
< Submit Pinellas County Health Department permit application for water
system improvements.
< FDEP Permits if required.
3. GOALS:
To provide utility relocation of the City of Clearwater's water and wastewater
facilities to accommodate the FDOT planned widening of US 19 from South of
Seville Blvd. to North of SR 60.
4. BUDGET:
A maximum fee of $134,410.00 has been established for this assignment broken
down as follows:
Water
Wastewater
TOTAL
$100,807
$ 33,603
$134,410
5. SCHEDULE:
Services to be rendered will commence upon written notice-to-proceed from the
City.
Phase I Submittal
To be completed approximately 30 days following
receipt of Phase I roadway plans from the FDOT.
Phase II Submittal
To be completed approximately 90 days following
receipt of Phase II roadway plans from the FDOT.
Phase III Submittal
To be completed approximately 90 days following
receipt of Phase III roadway plans from the FDOT.
Phase IV JP A Package
To be completed approximately 60 days following
receipt of 100 percent roadway plans from FDOT.
6. TBE STAFF ASSIGNMENTS:
Title-N ame
Phone and
Number
Extension
Principal-in-Charge, Robert G. Brown, PE
Director, Dorian Modjeski, PE
Project Manager, Don McCullers
727/531-3505, Ext 1540
727/531-3505, Ext 1542
727/531-3505, Ext 1546
7. CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be sent to Lisa Murrin, PE, Utilities Engineering Manager,
with copies to Todd Petrie, PE, Assistant Public Utilities Director.
8. INVOICING/FUNDING PROCEDURES:
A maximum fee of $134,410.00 has been established for this work order as
follows:
The fees shall be based on provision of Payment A - Actual Cost times a 3.1
multiplier and will be invoiced monthly. Invoices are to be mailed to the attention
of Marty Pages, Administrative Analyst, City of Clearwater Public Works
Administration, P.O. Box 4748, Clearwater, FL 33758-4748.
City Invoicing Code (Water): 0378-96742-561300-533-000-0000
City Invoicing Code (Wastewater): 0343-96634-561300-535-000-0000
9. SPECIAL CONSIDERATIONS:
The maximum fee as shown is based upon the current FDOT schedule, which
indicates that their 100 percent plans are to be completed by December 2006.
This Work Order is based on the FDOT Phase I plans dated March 2005.
Design drawings will be in MicroStation to meet the FDOT, JP A requirements.
Electronic delivery in the PEDDS format will be required.
Services to be provided by the City are:
< Payment of permit application fees, as may be required.
< Perform acquisition of property and easements as required.
< Provide all available information relevant to the project, such as existing
as-built drawings, reports, documents, plans and other information on
other projects in the area, copies of easements, etc.
10. QA/QC:
I hereby certify as a licensed Professional Engineer, registered in accordance with
Florida Statue 471 (481) that the above project's site and/or construction plans, to
the best of my knowledge, information and belief, will meet 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.
PREPARED BY:
CITY
TBE
Michael D. Quillen, PE
Director of Engineering
Steve Howarth, P .E.
Vice President
Date:
Date:
City Council
Cover Memorandum
ORLS - I (nfw)
1l.8
Tracking Number: 1,488
Actual Date: 09/01/2005
Subject / Recommendation:
Reappoint Mayor Hibbard to the Pinellas County Metropolitan Planning Organization with the term
expiring on September 11, 2009.
Summary:
Mayor Hibbard currently serves as the the Council's representative on the Metropolitan Planning
Organization. His term expires September 11.
The MPO meets on the second Wednesday of each month at 1:00 p.m.
Originating: Official Rec and Legislative Svc
Section: Consent Agenda
Cateaory: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review ADDroval
Cvndie Goudeau
08-30-2005
09: 10:54
City Council
_""'~ Aa~,!:!,~ta c.~,y~=~= M~~!:!!!"!:!",~"!:!,,,!!!_,,,=,.,,;_,.,;
mR. ~ I
I d, ,
Tracking Number: 1,448
Actual Date: 09/01/2005
Subject / Recommendation:
Approve amendment to Chapter 33, Section 33.067 of the Code of Ordinances adding a slow
speed minimum wake zone along the Gulf of Mexico side of Sand Key Beach and pass Ordinance
7494-05 on first reading.
Summary:
In the interest of public safety, boater education and to provide continuity of waterway marking
from municipality to municipality, a slow speed minimum wake zone along the Gulf of Mexico
side of Sand Key Beach from the City limits parallel to Sand Key Estates Court, north, to the
extended property line of the Sheraton Sand Key Resort at 1160 Gulf Boulevard, is
recommended.
Neighboring municipalities have implemented wake zone restrictions along their Gulf beaches.
Boaters leaving those zones cut into shore at the Clearwater City limits going full throttle to
jump waves or other boat wakes, or water ski as conditions permit, creating a danger to
swimmers. Implementing a slow speed minimum wake zone in this area will slow down these
boats. The continuity of signage along the coastline will also assist the Pinellas County Marine
Service Unit enforce the area.
The cost to purchase and to have the buoys installed will be less than 20 thousand dollars.
Originating: Marine and Aviation
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid ReqUired? Yes
In Current Year Budget?
No
Budget Adjustment:
No
Budget Adjustment Comments:
CIP established for the cost to purchase and install Sand Key buoys.
For Fiscal Year:
10/01/2005 to 09/30/2006
~~
u.~
City Council
Cover Memorandum
Total Cost:
$20,000.00
Not to Exceed:
$20,000.00
Appropriation Code(s)
0-315-93496-550400-575-00
Review Approval
Bill Morris
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
Amount
Comments
Marine Facilities Dredging & Maintenance
project
$20,000.00
07-15-2005 14:48:49
08-22-2005 08:28:56
07-15-2005 15:04: 19
08-17-2005 08:37:20
07-15-2005 15:24:46
08-17-2005 12:46: 14
ORDINANCE NO. 7494-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 33, SECTION 33.067, CODE OF
ORDINANCES, RELATING TO WATERWAYS AND VESSELS,
TO CREATE A SLOW SPEED MINIMUM WAKE ZONE ALONG
THE GULF OF MEXICO SIDE OF SAND KEY BEACH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 33.067 is amended to read:
Sec. 33.067. Same - Areas defined.
(12) Slow down-minimum wake zone, a/ona the Gulf of Mexico side of Sand Kev
Beach. All waters in the followinq described area are desiqnated as a slow down-
minimum wake zone: Beqin at a point on the shoreline of the southern most property
line of the Sheraton Sand Key Resort at 1160 Gulf Blvd. to a point approximately 300
feet offshore. more or less. located at 27 deqrees 57 minutes 11 seconds north. 82
deqrees 49 minutes 59 seconds west. then southerly approximately 1900 yards. more
or less. to the southernmost City of Clearwater limits. located at 27 deqrees 56 minutes
11 seconds north. 82 deqrees 50 minutes 30 seconds west. then easterly
approximately 300 feet to shore. parallel to Sand Key Estates Court. then northerly
alonq the shoreline of Sand Key Beach to the point of beqinninq.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7494-05
.~~
u.~
City Council
Cover Memorandum
Gu-b
l~. d
Tracking Number: 1,478
Actual Date: 09/01/2005
Subject / Recommendation:
Approve an Additional Homestead Exemption for certain qualifying low income senior (65 years
or older) citizens and pass Ordinance 7499-05 on first reading.
Summary:
The Florida Constitution grants many residents an exemption of $25,000 from their property's
assessed value when tax levies are determined by the Pinellas County Property Appraiser's
Office.
This "homestead exemption" is granted to those applicants with legal title property as recorded
in official records who are bona fide Florida residents living in a dwelling and making it their
permanent home on January 1 of the taxable year.
State of Florida voters approved another constitutional provision in 1998 that allows
municipalities to grant an additional limited homestead exemption to senior citizens that meet
certain income criteria.
Until recently there was not enough data to determine the impact on City of Clearwater
revenues of granting an additional exemption for these residents. Now however, after reviewing
data from several neighboring municipalities that have instituted this exemption, it is the staff's
opinion that the benefit to the City's qualifying low-income senior citizens outweighs the small
anticipated loss of property tax revenue associated with this exemption.
To be eligible, the person must be at least 65 years of age, have household income below the
set threshold ($20,000 in 2000, adjusted annually), and the property must qualify for the
original homestead exemption.
Staff recommends adopting Ordinance 7499-05, Additional Homestead Exemption for Persons 65
and Older, which will grant some property tax relief for this segment of our community.
If adopted, the additional senior exemption will go into effect, not this coming budget year, but
the following budget year. Citizens will see the additional exemption notice on their TRIM bills
in August 2006 along with instructions as to what will be required to receive the exemption.
Originatinq: Budget Office
Section Other items on City Manager Reports
Category: Other
Public Hearinq: No
Financial Information:
~ Other
Bid Required? No
~~
u~
City Council
Cover Memorandum
Bid Exceptions:
Other
Other Contract?
n/a
In Current Year Budget?
No
Budget Adjustment:
No
Review Approval
Tina Wilson
08-08-2005 13:45:48
Garrv Brumback
08-17-2005 10:27: 19
Pam Akin
08-16-2005 16:53:05
Bill Horne
08-17-2005 12:42: 12
Cyndie Goudeau
08-22-2005 08:33:29
\~.d
ORDINANCE NO. 7499-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 29 OF THE
CLEARWATER CODE OF ORDINANCES TO INCLUDE A
NEW ARTICLE ENTITLED "ADDITIONAL HOMESTEAD
EXEMPTION FOR PERSONS 65 AND OLDER";
PROVIDING FOR AN ADDITIONAL $10,000 HOMESTEAD
EXEMPTION FOR QUALIFIED SENIOR CITIZENS;
PROVIDING TERMS AND CONDITIONS OF
ENTITLEMENT; PROVIDING FOR SEVERABILITY AND
REPEALER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, ON November 3, 1998 an amendment to the Florida Constitution was
approved providing for an additional homestead exemption to certain qualifying senior
citizens; and
WHEREAS, the City Council desires to implement the additional homestead
exemption for qualifying senior citizens in accordance with the provisions of Section
196.075 of Florida State Statutes; and
WHEREAS, the City Council desires to provide this additional tax relief to its senior
citizens and has determined that the adoption of this ordinance serves to protect the
health, safety and welfare of the general public; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. That Chapter 29 of the Code of Ordinances is amended by adding a
new article, Article V. Additional Homestead Exemption for Persons 65 and Older,
consisting of sections 29.91 through 29.95, inclusive, said Article to read as follows:
Sec. 29.91 Authority.
This section is adopted pursuant to the specific authority of Section 6(f), Article VII, of
the Florida Constitution, and Section 196.075, Florida Statutes.
Sec. 29.92 Definitions.
Unless clearly indicated otherwise by the context in which they are used, the following
words, terms and phrases, as used herein, shall mean:
City means the City of Clearwater, Florida.
Department of revenue means the State of Florida Department of Revenue.
Ordinance No. 7499-05
Household means a person or group of persons living together in a room or
group of rooms as a housing unit, but the term does not include persons
boarding in or renting a portion of the dwelling.
Household income means the adjusted gross income, as defined in Section 62 of
the United States Internal Revenue Code, of all members of a household.
Property appraiser means the Property Appraiser of Pinellas County, Florida.
Sixty-five years of age means a person who has attained the age of 65 prior to
January 1 st of the tax year for which the additional homestead exemption is
sought.
Sec. 29.93 Additional homestead exemption; eligibility; application.
(a) Any person 65 years of age or older who has the legal or equitable title to
real estate located within the City and who maintains thereon his or her
permanent residence, which residence qualifies for and receives
homestead exemption pursuant to Section 196.031, Florida Statutes, and
whose household income does not exceed $20,000.00 or such amount as
is adjusted pursuant to Section 29.94 herein, may apply for an additional
homestead exemption of $10,000.00 as provided in this article.
(b) A taxpayer claiming the additional homestead exemption shall annually
submit to the Property Appraiser the following:
(1) Not later than March 1, a sworn statement of household income on a
form prescribed by the Department of Revenue; and
(2) Not later than June 1, copies of any federal income tax returns for
the prior year, any wage and earnings statements (W-2 forms), and
any other documents that may be required by the Department of
Revenue or the Property Appraiser, for all members of the
household. The taxpayer's statement shall attest to the accuracy of
such copies.
The Property Appraiser may not grant the exemption without the required
docu mentation.
(c) The additional homestead exemption, if granted, shall be applicable to all
ad valorem taxes levied by the City.
(d) If title to the property is held jointly with right of survivorship, the person
residing on the property and otherwise qualifying for additional homestead
exemption may receive the entire amount of the additional homestead
exemption provided herein.
Ordinance No. 7499-05
(e) The additional homestead exemption shall be available to qualified persons
beginning with the 2006 tax year, and annually thereafter to the extent
permitted by law. The city council reserves the right to amend and to repeal
this Article. The household income limitation shall be subject to adjustment
as provided in Section 29.94.
Sec. 29.94 Annual adjustment of household income limitation.
Beginning January 1, 2001, and annually thereafter, the $20,000.00 household
income limitation shall be adjusted by the percentage change in the average
cost-of-living index in the period of January 1 through December 31 of the
immediate prior year compared with the same period for the year prior to that
year. The index is the average of the monthly consumer-price index figures for
the stated twelve-month period, relative to the United States as a whole, issued
by the United States Department of Labor.
Sec. 29.95 Penalties.
Receipt of the additional homestead exemption provided for in the Section shall
be subject to the provisions of Section 196.131, Florida Statutes, which
establishes a penalty for knowingly and willfully giving false information for the
purpose of claiming homestead exemption, and to Section 196.161, Florida
Statutes, which provides for tax liens and the recovery of taxes, penalties, and
interest from persons not entitled to homestead exemption.
Section 2. The City Clerk, shall prior to December 1, 2005, provide a copy of this
Ordinance to the Pinellas County Property Appraiser; and, in the event this Section of the
Code of Ordinances is subsequently repealed or amended, notification of such repeal or
amendment shall be provided to the Pinellas County Property Appraiser no later than
December 151 of the year prior to the year in which the homestead exemption provided
herein expires or is modified.
Section 3. In the event that any portion of this Ordinance is, for any reason, held or
declared to be unconstitutional, inoperative, or void, such holding shall not affect the
remaining portions of this Ordinance. Further, in the event this Ordinance or any
provision hereof shall be held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other persons, property, or
circu mstance.
Section 4. That all ordinances or parts thereof that are in conflict with this
Ordinance be and the same are hereby repealed.
Ordinance No. 7499-05
Section 5. That this ordinance shall become effective immediately upon final
passage and adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7499-05
Jd.3
~"'-atet
u~
City Council
Cover Memorandum
Tracking Number: 1,529
Actual Date: 09/01/2005
Subject / Recommendation:
Ratify and confirm the purchase of property, casualty, liability, workers' compensation,
emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year
2005/2006 as provided for in this agenda item in an amount not to exceed $2,816,766.
Summary:
Summary: The Risk Management Division of the Finance Department purchases insurance
coverage for the City in the above-named areas. This insurance is purchased through the
efforts of three brokers: Acordia Southeast, Insurance & Risk Management Services, and Arthur
J. Gallagher & Co.-Tampa Bay. The City Administration, through its Risk Management Division,
recommends that the City purchase insurance coverage for FY 05/06 as follows:
Type of Coverage Term
Excess Property: 10/01/2005-04/01/2007
Equipment Breakdown 10/01/2005-10/01/2006
Marina Operators Legal Liability 10/01/2005-10/01/2006
Storage TankLiability (specificproperties) 5/20/2005-5/20/206
Flood (specific properties) Annual term; various dates
Crime and Dishonesty 10/01/2005-10/01/2006
Excess Liability/Workers' Compensation($500K SIR) 10/01/2005-10/01/2006
EMS Liability (reimbursed) 10/01/2005-10/01/2006
1. General liability/Professional Liability
2. Business Automobile Liability
3. Excess EMS General/Auto/Professional Liability
Premium for excess property insurance has increased more significantly than anticipated. The
values have increased from $348M to $388M and the rates per $100 of coverage also increased.
Risk Management is also recommending that the policy period for property coverage be
increased from a 12-month to an 18-month term. The anticipated cost of $726,813 is included
in the sum total of this agenda item. Subsequent property renewals will be on an annual basis.
It is believed insurance will be more readily available and quotes easier to obtain by changing
our annual renewal period for property insurance from hurricane season.
The sum of $1,698,470 was budgeted, based on projections from all three brokers. The total
requested at this time is $2,816,766. An additional amount of $391,483 is necessary for
coverage for the period 10/1/05-10/1/06, and an additional amount of $726,813 is anticipated to
extend the policy term for property insurance to 4/1/07. Request additional funds not currently
budgeted to be taken from retained earnings. The current balance of retained earnings in the
fund is in excess of $5 million.
All risks are covered at levels and rates which, when taken together as a whole, represent a
reasonable and conservative insurance program for the City.
Originating: Finance
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
~!~
u~ Anenda Cover Memorandum
=....".__ffi..iiif,,,,,..,,'_,,,.,,..,"@_@@..,,___~__.,
City Council
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Bid Required? No
Bid ExcepJiQO_~;
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
Review Approval
Maraie Simmons
Dick Hull
08-22-2005 14:24:27
09-01-2005 09:45:08
08-22-2005 15:27:47
08-31-2005 15:46:27
08-24-2005 10:54:30
09-01-2005 09:27:53
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
City Council
Cover Memorandum
c:.f~-d3
13 . /
Tracking Number: 1,577
Actual Date: 09/01/2005
Subject / Recommendation:
In accordance with a request by First American Title Company on behalf of Boos Development
Group, approve for execution by the appropriate City officials, an Affidavit confirming the City
does not claim an ownership interest in submerged lands underlying "Waterways" as described in
that certain Plat of Unit Two Island Estates of Clearwater (recorded in Plat Book 47, Pages 19A
amd 20 of the Public Records of Pinellas County, Florida).
Summary:
In 1957, The North Bay Company platted Unit 2 Island Estates of Clearwater. The plat dedicated
"to the Public in general all streets, waterways and public places shown on this plat." The City
was therefore entrusted with oversight of the "waterways" on behalf of the public.
The plat resulted in 18 developable lots for sale, but never contemplated a transfer of ownership
of the adjacent submerged lands. As a result, the North Bay Company, or its
successor-in-interest retained ownership of the bottomland.
As potential sucessor-in-interest, Boos Development Group, in the course of completing the
appropriate title work prior to closing through First American Title, is requesting confirmation that
the City does not claim an ownership interest in the submerged lands underlying the "waterways"
as dedicated for use by the public.
It is City staff opinion that the plat does not result in an ownership interest in the name of the
City, nor has any deed or other legal document ever been executed resulting in same.
Originatinq: City Attorney
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
N/A
In Current Year Budqet?
Yes
Review Approval
Laura Lioowski
Cvndie Goudeau
Pam Akin
Tina Wilson
City Council
Cover Memorandum
08-23-2005 13:38:21
08-24-2005 09:45:00
08-23-2005 14:15:32
08-23-2005 14: 18:43
'3. \
Prepared by and Return to:
Bryan J. Stanley, Esq.
Bryan 1. Stanley, P.A.
114 Turner Street
Clearwater, Florida 33756
AFFIDA VIT
STATE OF FLORIDA
COUNTY OF PINELLAS
Personally appeared before me, the undersigned attesting officer, duly authorized by law
to administer oaths, Frank V. Hibbard ("Affiant"), the undersigned
deponent, who being duly sworn, deposes and says on oath:
1. That the Affiant is the Mayor of the CITY
OF CLEARWATER, FLORIDA (the "City"), and is duly authorized to execute this Affidavit
in a representative capacity on behalf of the City, and that the undersigned has full knowledge of
all facts set forth herein.
2. That the City makes no claim of ownership to the area drawn and described on the
Plat of Unit Two Island Estates of Clearwater (recorded in Plat Book 47, Pages 19A and 20 of
the Public Records of Pine lias County, Florida) as "Waterway". more particularly. the area
immediately adjacent to Lots 4 and 5 (as described in the plat attached hereto and*
3. That the City maintains that the Dedication upon the Plat, which states, in
pertinent part, that "(the North Bay Company) hereby dedicates to the Public in general all
streets, waterways and public places shown on this Plat," creates an easement for the use by the
public of the Waterway, subject to the reservations and restrictions set forth on such Plat.
*incorporated herein.)
FURTHER AFFIANT SA YETH NOT
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
City of Clearwater Title Affidavit v.!
AFFIDAVIT SIGNATURE PAGE
Frank V. Hibbard
The foregoing instrument was acknowledged before me this _ day of August,
2005, by
, who is personally known to me and who did/did not
take an oath.
Notary public
Print or type name:
My Commission Expires:
('~eae 9 01 10)
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City Council
Cover Memorandum
PLD-l
IS, J
Tracking Number: 1,583
Actual Date: 09/01/2005
Subject / Recommendation:
Provide Direction for future development of the Old Florida Distict.
Summary:
The attached memorandum provides a summary of the public input process and the Planning
Department's recommendations.
Originating: Planning
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Review Approval
Cvndie Goudeau
08-26-2005
Garrv Brumback
08-26-2005
Bill Morris
08-26-2005
14:31 :40
12:06:30
13:01:32
LL
o
>-
f--
u
To:
Bill Home
From:
Michael Delk, Planning Director
Date:
August 25, 2005
RE:
Old Florida District
The purpose of this memorandum is to provide a summary of the Old Florida District issues and
the public input provided during a series of meetings in the area. It concludes with
recommendations based on the public comments.
Backeround
Beach by Design (BBD), the 2001 special area plan governing development on Clearwater Beach,
established eight distinct districts within Clearwater Beach to govern land use. The Old Florida
District is the northern boundary of the area governed by BBD. It is comprised of 36.4 acres of
land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on the east, properties
fronting the north side of Somerset Street on the north and Rockaway Street on the south.
The property within the Old Florida District where any future development would take place is
zoned as either Medium High Density Residential or Tourist. There is currently a discrepancy
between the area's zoning and land use patterns and that which was recommended for the
"preferred form" development in BBD, i.e., single-family homes and townhouses with low to
mid-rise buildings.
Public Innut Process
To better understand issues in the Old Florida District, the Planning Department began a study of
the character of the entire district. Four public meetings were scheduled for citizens who were
interested in sharing their vision as to how they would like to see the area developed. The
meetings were very well attended. The first meeting had approximately 100 attendees, while the
second had about 70 in attendance, with the last two having about 60 persons.
During the first meeting on April 6th, the participants were divided into small groups, each with a
facilitator. Each group was asked to identify the strengths/weaknesses and opportunities/threats
to the district. Subsequently, each group's lists were displayed on the wall and participants were
invited to rank those they perceived to be the most important.
Page 1 of4
The major strengths and opportunities were:
Development Issues Number of Comments
. Effective buffer/height transition from
core beach to single-family 46
. Strong current redevelopment activity 17
Qualitv of Life/Social
. Existing public recreational facilities 10
. Proximity and access to the beach and beach core 9
. Beautification (e.g., street trees) 6
. Affordable tourist accommodations 6
The major weaknesses and threats were:
Development Issues
. Inconsistency of City regulations
. Excessive mass of new buildings
. Administrative/policy decisions
. Dilapidated buildings
Number of Comments
35
34
31
10
Infrastructure/Parking/Traffic
. Poor and insufficient utilities 13
. Poor roads, traffic congestion and insufficient parking 12
Tourism/Economv
. Current pace of redevelopment is escalating property
taxes 11
. Loss of tourism 7
At the second public meeting on April 20th, participants were asked to determine their vision for
Old Florida based on the strengths and weaknesses identified at the previous meeting. They
sketched their visions on 14 blank parcel maps of the district and identified desired land uses,
transition buffers, densities, heights and setbacks. At the end of the exercise, those attending
assigned dots to the map features with which they most agreed. Suggestions for heights ranged
from 35 feet to 120 feet, but this higher height received no support during the voting process.
The highest ranked features from the maps developed were distilled into six maps - three
containing land uses and three containing height preferences. These were discussed and ranked
by the attendees at the third public meeting on May 11 tho Three of the maps were ultimately
selected, one receiving the most votes for the uses option and two depicting height options. Two
maps were selected for the height options as they both received about the same number of votes.
The Uses Option #2 (attached) that was selected featured mixed use along the major portion of
Mandalay Avenue with the first floor devoted to retail/office uses with residential above. All of
the rest of the district not devoted to public uses or garages was shown as multi-family and
overnight accommodations. This option was highly favored as it received 41 votes versus 15
Page 2 of 4
votes and zero votes for the other two options. The two options not selected both showed more
of a mix of uses on particular parcels, rather than the ultimate map selected that showed these
various uses collapsed into the multi-family and overnight accommodations category.
The two height options selected were somewhat of a mirror image of each other. Option #1
(attached) received 26 votes and Option #2 (attached) received 22 votes, while the third option
received only 8 votes. The option not selected basically showed heights of 75 feet fronting the
Gulf, with the remainder of the district depicting a height of 50 feet, except along the north side
of Somerset Street where the height was 35 feet.
Option #1, except for the public uses, showed a height of 50 feet for the lots fronting the Gulf of
Mexico and those on the north side of Somerset Street. The remainder of the area depicted a
height of 75 feet, except for the public uses. The second option, except for the public uses,
showed a height of 35 feet on the lots fronting Clearwater Harbor and the north side of Somerset
Street, and a height of 50 feet between Bay Esplanade and Poinsettia Avenue. A height of 60
feet was shown in the remainder of the district.
The fourth meeting on June 8th presented the summary results of the first three meetings, as well
as suggestions and discussions related to setbacks and heights. There were a number of divergent
concerns expressed related to the future development of the district. There was generally no
disagreement on uses, but on the scale and size of development.
Plannin2: Department Conclusions
The Old Florida District study, which included significant public input, evaluated the purpose,
use and character of development that should be allowed to occur in the District. Based on the
information obtained and analysis conducted, the following conclusions have been made:
. The Old Florida District should serve as an effective transitional area
between the tourist area to the south and the single-family residential
neighborhood to the north;
. A wider range of uses should be allowed within the District;
. The appearance and impacts of development should be mitigated to
prevent the overdevelopment of parcels;
. Site design performance should be enhanced while preserving flexibility in
order to obtain quality redevelopment; and
. Consistency and predictability of development should be brought to the
District.
Page 3 of 4
Plannin2 Department Recommendations
In order to implement the conclusions of the Old Florida District study, the Planning Department
recommends the following development parameters for the Old Florida District:
. Allowable uses should include overnight accommodations and attached
dwellings throughout the district with mixed uses allowed along Mandalay
Avenue;
. A maximum building height of 60 feet should be allowed within the
majority of the District;
. A maximum building height of 35 feet should be imposed for the parcels
located on the north side of Somerset Street; and
. Increased site design performance should be required for projects
exceeding 35 feet in height such as:
- Greater building setbacks;
- Building step backs; and
- Enhanced landscaping.
The proposed uses outlined above reflect the historical development patterns in the Old Florida
District and recognize that the current use limitations established in BBD are not consistent with
that pattern or the current zoning within the District. The proposed height provisions will ensure
that an effective height transition will occur between the more intensive tourist area of
Clearwater Beach to the south and the residential neighborhood to the north.
Furthermore, the proposed height is generally consistent with projects already approved in the
District by the Community Development Board. A total of 10 projects have been approved. Of
those projects, six would be consistent with the recommended height provisions. Three projects
exceed 60 feet in height and one project, while less than 60 feet in height, is located on the north
side of Somerset Street and exceeds the proposed limitation of 35 feet.
To ensure that the character of development in Old Florida also provides a transition between the
adjacent tourist and residential areas, enhanced site design performance should be required.
Attached please find a series of drawings that illustrate development concepts to achieve this
increased performance. These drawings show a variety of scenarios of increased building
setbacks, building setbacks and landscaping along different streets within the District that have
varying rights-of-way widths. It should be noted that these concepts can be implemented and
property owners can still achieve the densities allowed within the Old Florida District.
The Planning Department is requesting policy direction from the City Council on these
recommendations prior to developing the revisions required to BBD, the Comprehensive Plan
and Community Development Code to implement them.
cc: Gary Brumback
Attachments
Page 4 of 4
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Old Florida district- SWOT Analysis
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CC }I\ '\!t g-o 1-0.s
Strengths-
Grouped by Category
(Number of dots listed in parentheses. Items listed at the bottom of each category are those that did not
receive any dots.)
BULK/ REGULATORY / GOVERNMENT / USES (TOTAL DOTS- 64)
Effective transition buffer/buffer zone (26)
Flexibility for development (12)
New development occurring (8)
Potential for higher and better use (7)
Increased overnight accommodations and density (4)
Height and setbacks (2)
Current land development code (1)
East of Manda lay is more residential in character (1)
Keep parking + 2 floors (1)
Low-rise (1)
Setbacks existing between buildings (1)
Ability to see sunset- no blocking
Buffer to Mandalay subdivision
Churches
Courtyards and yards
Diversity of existing uses
Existing businesses
Existing low-rise development
Existing zoning
Fire Station
Low density
Mid-rise
Needs redevelopment
No buildings
Original Beach by Design
Productive gateway
Small motels
T zoning- mixed uses
Transition from high-rises
QUALITY OF LIFE / SOCIAL (TOTAL DOTS- 37)
Existing recreational facilities (including public pool and Rec. Center) (9)
Proximity to the beach (including beach core) (7)
Permanent residents (3)
Charm (including that of Old Florida) (2)
Eclectic (2)
Lack of south beach congestion/busyness (2)
Small businesses (flower shop, massage) (2)
Strengths, continued
.
Waterfrontlbeachfrontlbay is accessible (2)
Character (1 )
Diversity of housing (1)
Historical diversity (1)
It's a Neighborhood (1)
Quality of life (I)
Safe (1)
View (including view corridors) (1)
Walking to shops, restaurants, library (I)
Diversity
Diversity of residents
Family-oriented (not commercialized)
Farther away from problems
Good police and fire service
Historic
Location
"Mom and Pop" hotel atmosphere/family owned
Past diversity
Quiet
"Snowbirds"
ENVIRONMENTAL / NATURE (TOTAL DOTS- 5)
Existing green space (3)
Beachlbay (2)
Fresh air
Health of the beach
Intracoastal waterway
McKay Park field- City listened to citizen desires for it to stay as open play area
Natural beach and water resources
On sand
Park
Trees- oxygen
TOURISM / ECONOMY (TOTAL DOTS- 3)
Attractive to tourists (I)
More real estate taxes (I)
. Reasonable prices for visitors (1)
Business opportunities
Economic base is family tourism
New tax base
South development
Value of land
Strengths, continued
INFRASTRUCTURE AND TRAFFIC (TOTAL DOTS- 1)
Trolley (1)
Access for boats/dockage/boat ramp
Adequate public utilities
Existing infrastructure matches the existing densities
Low traffic
Mandalay- wide, good road
Pedestrianlbike friendly
Since not all paved- less flooding
Transportation not too bad
Old Florida District- SWOT Analysis
Opportunities
Grouped by Category
(Number of dots listed in parentheses. Items listed at the bottom of each category are those that did not
receive any dots.)
BULK / REGULA TORY / GOVERNMENT / USES (TOTAL DOTS- 47)
Come up with consistent plan/theme (9)
Height transition from Belle Harbor to Acacia St. (5)
Incentives for motels (5)
Opportunity to restrict height (4)
Possibility of making CDB membership by election rather than appointment (4)
Buffer zone between residential and tourist area (3)
Create a transition between uses (3)
Create neighborhood buffer (3)
Develop architectural theme and enforce it (3)
Maintain low/medium density- less than 5 units (3)
Developer-driven (2)
Consistency (1)
Consistency with Beach by Design (1)
Movie theater (1)
Add restaurants
Bed & Breakfast operations
Change the CDB
Consolidation of properties
Correct some weaknesses
Create a variety of rental/living options
Dog park
"Don't make Miami Beach here"
Incentives for new businesses- to fight inequity
Low-rise-3 stories max
Mid-rise development
More discussion about Beach by Design
More restriction on development
Opportunity to exceed existing zoning and land use
Planning opportunity
Prevent back-out parking into traffic
Properties being built to zoning code
Raise density
Refuse infill development
Safer construction of buildings
Stronger leadership
QUALITY OF LIFE / SOCIAL (TOTAL DOTS- 23)
Beautification (inclllding street trees) (6)
Reclaim moderately priced tourist accommodations (6)
New design that is attractive to tourists and residents (not single family) (4)
Redevelop without losing our past natural beauty and charm (2)
Become a destination (I)
Changing socio-demographics (I)
Get rid of old motels (I)
Keep small businesses (I)
Parks, trails, walks/recreation areas (public) (1)
Beach (public)
Better and higher use
Better designs
Change
Community to work together
Deed restrictions
Develop nicely
Develop unique character
Enhance existing area
Improve aesthetics/remove blight
Improvement of existing development
Increase recreational activities
Integrate with rest of beach
Keep development low-rise
Marinas
More citizen involvement
Neighborhood association block parties
New customers/new people
Opportunity to create an aesthetic and viable community
Pedestrian activities (including trails, parks)
Preserve charm of Clearwater Beach
Redevelop-not remodel-area to provide more housing
Sense of neighborhood
Set new precedents
W ell laid-out redevelopment
INFRASTRUCTURE AND TRAFFIC (TOTAL DOTS- 5)
Underground utilities (as development occurs) (3)
Public docks (I)
Upgrade utilities (1)
Off-street parking
Other transit options (ferry)
Remove outdated infrastructure
Stonnwater control
Wider sidewalks along Mandalay
Opportunities, continued
Opportunities, continued
TOURISM / ECONOMY (TOTAL DOTS- 2)
Different shopping opportunities other than t-shirt shops (2)
Increase property values
Increase tax base
Job opportunities
Lower taxes
ENVIRONMENTAL / NA TURE (TOTAL DOTS- 1)
Save green space (1)
Enhancement of natural space
Protect the natural resources
Provide more green/more trees
Old Florida District- SWOT Analysis
Weaknesses
Grouped by Category
(Number oj dots listed in parentheses. Items listed at the bottom oj each category are those that did not
receive any dots.)
BULK / REGULA TORY / GOVERNMENT / USES (TOTAL DOTS- 52)
Inconsistent interpretation of the Code (e.g. two recently approved projects) (11)
Rundown and ugly buildings (not being demolished) (10)
Approving variances for small or no setbacks next to single-family (6)
Variances easily approved (5)
CDB people from outside ofthe community (3)
No height transition on North edge (3)
Commissioners not listening to staff recommendation (2)
Lack of good design (2)
Redevelopment of old motels- poor quality (2)
City (Planning Department) encourages big-scale and discourages small-scale (1)
City doesn't listen to property owners' concerns/City doesn't use common sense (1)
Empty high-rises (1)
Height/setback issues (1)
Height-too tall (1)
Lack of incentives for small hotels to remodel (1)
Lack of tapering of height (1)
Wrong catalyst (1)
Allowed density has been reduced over the years
Beach by Design
Blocking beach access during construction
City inflexibility
Development confusion/Beach by Design subjectiveness/lack of direction from City
Five-foot setbacks
Lack of (neighborhood) shopping (such as grocery store)
Lack of affordable housing (including for seniors)
Lack of coherent architectural design standards or not enforced (e.g. Brightwater)
Lack of incentives from government to small business owners
Lack of medical
Lack of movie theater
Lack of outdoor dining opportunities
Land not put to highest and best use
Loopholes in codes
Many small lots
New buildings too tall
No business- neighborhood
Non-conforming uses
Nonconfonnity to existing codes
Not adhering to development plans
Plan is lost
Weaknesses, continued
Projects proposed out of proportion ("super sites")
Rundown structures in officially designated "blighted area" are not being removed or repaired
Setbacks-too pem1issive
Short-term rental ordinance
Short-term rentals in residentially zoned areas
Small businesses as is
Small hotels as is
Small hotel-to-condo conversions
Transition area of uses (residential and non-residential)
Unplanned "mish-mash" development/"anything goes"
Variances approved for large projects
Wasted city space
INFRASTRUCTURE AND TRAFFIC (TOTAL DOTS- 10)
Lack of alternate roadways to move traffic (4)
Infrastructure poor (flooding, sewer, electrical, potable and reclaimed water) (2)
Drainage problem (Bay Esp1anade/Mandalay, Juanita/Poinsettia) (1)
Handicap parking (1)
Motel to condo conversions approved without off-street parking (Monaco Resort) (1)
Diagonal parking
Hard to get to
Inadequate parking
Inadequate people-moving north of roundabout
Inadequate street lighting
Lack of bicycle paths
Lack of pedestrian corridors, walkways
Lack of public boat docks and facilities
Lack of public transportation
Lack of streetscape
Limited ways to get to the beach
More directional signs at the roundabout
Only one roadway north-south (Mandalay Ave.)
Overhead power lines
Parking in City right-of-way/on-street parking
Poor traffic flow
Resources (water & sewer)- enough for more density?
Roundabout
Stormwater drainage is poor
Streets not wide enough
Too much back-out parking (into r-o-w)
Traffic on Mandalay is too fast
TOURISM I ECONOMY (TOTAL DOTS- 10)
Push by developers is constant and too quick (7)
Over-valued property (2)
High/increased taxes (1)
Expensive to renovate
Inequitable tax structure
Loss of tourists/tourism
Weaknesses, continued
Prime real estate-everybody wants it
Real estate taxes to owners
Rents too low
Speculation on property
Taxes- tax base
ENVIRONMENTAL / NATURE (TOTAL DOTS- 1)
Empty lots/weeds/unkempt land (1)
Loss of jetties to collect beach sand
QUALITY OF LIFE / SOCIAL (TOTAL DOTS- NONE)
(No dotted items)
Area is misnamed
Beach north of Somerset Street not cleaned
Dead-end streets
Garbage sits out too long
Losing small hotels
Losing winter visitors
Many owners
Monoculture of and for the rich
Street people
Trash
Uncertainty about future and future development
Old Florida District- SWOT Analysis
Threats
Grouped by Category
(Number of dots listed in parentheses. Items listed at the bottom of each category are those that did not
receive any dots.)
BULK / REGULATORY / GOVERNMENT / USES (TOTAL DOTS- 73)
Changing rules after approving several large projects/devaluation (19)
Planning Department (16)
Uncontrollable height variances (13)
Buildings over 50' (7)
CD B (7)
Lack of overall plan for Old Florida district (5)
Transferring density from outside of Old Florida district (3)
Encroachment into residential area north of Acacia (2)
City meddling in affairs of owners/residents (1)
City/Council does not listen to tonight's ideas
Density
Different staff interpretations
Failure to address inconsistencies
Lack of defined plan for Old Florida to preserve lifestyle and charm
Lack oflong-term vision
Legal
Loss of federal beach replenishment
Not enough resources & services
Other sections of beach receive more attention
Proposed moratorium
Short-term rentals
INFRASTRUCTURE AND TRAFFIC (TOTAL DOTS- 15)
Infrastructure- poorlinadequate (10)
Increased traffic/congestion (4)
Lack of parking (1)
Bridge- design speed too fast
Degradation of utility services, electricity outages
Inadequate stormwater facilities
Lack of utilities
Roundabout
QUALITY OF LIFE / SOCIAL (TOTAL DOTS- 10)
Control oftraffic lights during busy time (2)
Missed opportunities for highest and best use (2)
Becoming like South Miami (1)
Threats, contimled
Crime/vandalism (1)
Hurricane evacuation (1)
Losing tourists (I)
Loss of green space/parkland (I)
Loss of lifestyle (I)
Becoming too affluent
City code violations
Closing streets to build projects
Closing/restricting public access to beach
Conflict between pedestrians and vehicles
Deed restricted neighborhoods
Developers
Lack of fire protection for 100' buildings
Losing unique character
Loss of destination "location"
Loss of long-term and repeat tourists
Loss of recreation
Noise pollution, including after-hours on beach
Non-resident letters to editor
Not being able to continue to see the sun
Not enough water
Opposition to redevelopment
Overdevelopment
Poor color schemes
Population- lack of ability to serve
Precedents set
Too many people
Too much traffic impedes emergency services
TOURISM / ECONOMY (TOTAL DOTS- 8)
Loss of tourism dollars (6)
Higher real estate taxes (I)
Loss of hotel rooms (1)
Continued tax inequities
Economic downturns/cycles
Estate income tax
Increasing insurance costs
Not protecting investment in property
ENVIRONMENTAL / NATURE (TOTAL DOTS- 3)
Threats to environment/ecology, risk of pollution (2)
Damage to barrier island (I)
Air quality due to too many vehicles
Severe weather (hurricanes)
Chalets on White Sands
15 condos
56' in height
8
Ambiance On White Sands
15 condos
52.67' in height
9
J5.1
j
,
Questions to Consider for Old Florida
. Do you agree that overnight accommodations and residential uses should be
allowed throughout the District with mixed uses along Mandalay Avenue.
. Should there be a uniform height across the Old Florida District? Ifnot, should
the following options be considered?
o Should lower building heights be required along the north side of
Somerset Street e.g. 35 or 40 feet in height?
o Should transition areas occur in a north/south manner along lot lines or
along rights-of-ways? If along rights-of-way, should there be three
transitional areas: south of Royal Way/Glendale Street; between Royal
Way/Glendale Street and Somerset St./; and north of Somerset Street or
some other configuration (see Map 1); or
o Should transitions areas occur in an east/west manner along lot lines or
along rights-of-ways? If along rights-of-way, should there be four
transitional areas: the area between the Gulf and Mandalay Avenue;
between Poinsettia and Mandalay Avenues; between Poinsettia Avenue
and Bay Esplanade; and east of Bay Esplanade or some other
configuration (see Map 2)?
. Given recent development trends, are you comfortable with a maximum height of
60 feet above FEMA notwithstanding architectural features and mechanical
equipment.
. Do you except the premise of increased setbacks or building stepbacks for
structures above 35 feet.in height?
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Page 1 of3
15, I
Hamilton, Hoyt
From: Paul Kelley [paul@showqueen.com]
Sent: Thursday, August 25,200511 :47 AM
To: Hibbard, Frank; Petersen, Carlen; Doran, John; Jonson, William; Hamilton, Hoyt
Subject: Proposed changes "Old Florida Ditrict"
Date: 24 August 2005
To: Clearwater City Council
From: Paul Kelley
Re: "Old Florida" District
Dear City Council,
I am writing to voice my opinion in reference to the proposed changes in the "Old
Florida District" that will be introduced by the Planning Department. I attend most
CDB meetings and have witnessed staff's growing concern about the types of projects
being brought to the City over the last year. There has been little or no
opposition from the public on most of these projects. City staff seems determined
to limit and change the criteria set forth in Beach By Design and the Land
Development Code in my district.
My address is 667 Bay Esplanade. I have owned and resided at this address since
1994 and have waited with great anticipation the revitalization of my neighborhood.
I am now working with a neighboring property owner and have submitted an
application to redevelop our properties jointly.
There have been 5 projects submitted within 50 yards of my property, 4 approved, 1
denied. Height ranging from 54 to 69 feet (all acceptable). All outstanding
projects. I have no concerns with height or mass and believe the guidelines and
limits of height in the Land Development Code are appropriate for this
neighborhood. It has become apparent to me after a long and diligent process to
approve Beach by Design and the Land Development Code that the current staff has a
different vision for our neighborhood. I would like to highlight three major topics
for your consideration as I would like to share as much information about the
important decision in the upcoming weeks.
Property Taxes
In 2004 my property taxes were increased by over 50%. In 2005 my property taxes
increased another 75%!! These taxes are for commercial property and this area has
historically been zoned commercially, not residential. A discussion with the County
Appraiser informed me that this was not an assessment of improvements I had made to
the property, but the entire neighborhood had been reassessed because of many
recent sales, some to developers. The comparable sales had increased dramatically
in two years, many speculative sales were based on a 30 unit per acre density for
redevelopment. If the guidelines or criteria are changed in the future to decrease
density or realistically prohibit construction that could maximize density than all
property values will be greatly decreased, possibly cut in half. I am sure it would
take years, possibly never to see my property taxes recede to the level they were
prior to 2001. No homestead exemption can help these inflated taxes, redevelopment
(as desired by the city at inception of beach by design) is the prudent choice.
Condo "Hotel/ Motel Conversions"
This is the most disturbing of all topics that is currently occurring in my
neighborhood. This is the worst possible scenario for the "Old Florida District".
8/29/2005
Page 2 of3
Property values will be seriously decreased, and the City realizes no benefits
which are created by redevelopment. All parking will be back out or City owned
spaces, no building upgrades, no landscaping, no sidewalks and remodel construction
which is aesthetically horrific. This type of redevelopment does not require CDB or
Council approval and is extremely dangerous because no matter what you or I want
this neighborhood to look like this is what it will look like. This is the path of
least resistance taken by property owners because of the high improbability to
submit a development proposal that could meet staff's "expectations". There are
four under construction, at least that many in the planning process and within
months I predict all 1950's motels may go this route as a matter of economics.
"Old Florida" Neighborhood
My observations of the Planning Department over the last two years leads me to
believe staff wants to reduce the intensity of the "Old Florida District".
Clearwater Beach has probably seen more redevelopment in the last three years than
in the last thirty combined, this would tax any planning department. The CDB has
several times over ruled staff's recommendation of denial on beach projects
especially in the "Old Florida District". The "Old Florida District" meetings held
in the spring revealed that heights of 75 feet were acceptable to the majority. I
participated, spoke in favor of and still support Beach By Design and our Land
Development Code. I believe the majority in our neighborhood support all proposed
projects to date, there has been virtually no opposition to any project brought
forward. No objections to height, to mass or other issues that staff consistently
cites as not "the preferred form of development". There have been repeated
references that these projects are "out of scale with the surrounding
neighborhood", I have a 58', 69', 54' buildings completely surrounding my property,
if anything myoId non conforming(to parking ,flood, and numerous other codes) is
the property that is out of scale. The residents of this neighborhood helped pass
Beach By Design, helped draft it and now when the time has come to implement it, we
do not want others who do not live, work or own property here to decide how this
area should be developed.
A few years ago the City adopted Beach By Design, a new Land Development Code with
the hopes the private sector would respond. We are ready to go, we've been ready,
redevelopment of the "Old Florida District" can happen simultaneously with the
Gulfview construction, and the resort construction on north and south beach. Please
give a clear mandate to City staff and the Planning Department to allow the
property owners of the "Old Florida District" to proceed under guidelines and codes
which incorporate the following:
. Density developed at current 30 units per acre
. Parking ratios should drive height to unit ratio
. Restrictions should not be placed on height
. Eliminate the phrase "Single family dwellings and town homes are the
preferred form of development"
If you have any questions or would like to discuss this further please call me at
727-423-7565. Thank you.
Sincerely,
Paul J. Kelley
667 Bay Esplanade
Clearwater Beach, FL
8/2912005
Page 3 of3
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8/29/2005
Page 1 of2
15,1
Hamilton, Hoyt
From: ROBERT PENNOCK [rmpennock@msn.com]
Sent: Thursday, August 25,20053:43 PM
To: Hamilton, Hoyt
Subject: Old Florida District
Clearwater City Council Member Hoyt Hamilton,
Please find the following documents and information regarding the Tourist zoned "Old Florida
District". Hopefully you will find this information and these documents useful during your work
session and in Council meetings regarding the "Old Florida District".
1. Please find in the Fire Life Safety Code (definitions) 3.3.25.5 which was adopted by the
Clearwater City Council the definition of a high-rise building. This definition would assume
that anything less than high-rise (as defined and adopted) would be labeled mid-rise or low-rise.
2. There does not appear to be any other codes or definitions that have been adopted, confirmed, or
approved by Clearwater City regarding definitions of height as to high-rise, mid-rise or low-rise.
3. In tourist zoning areas NO single family homes are permitted. In Beach by Design regarding the
"Old Florida District" it states "New single family dwellings and townhomes are the preferred
form of development". This one sentence shows the erroneousness ofthis written portion of
Beach by Design. No single family homes are permitted in the Tourist zoning. Out of the
couple hundred properties in the "Old Florida District" there are few if any single family homes.
4. Regarding the four "Old Florida District" meetings that took place, for what they were, and how
the information that was received was used, the findings still had a "recommended by the
community" height of75 feet (again in line with the Fire Life Safety Code).
5. In regards to Beach by Design's erroneous wording within the "Old Florida District" I would
like to suggest that a possible solution to "the problem we all have to live with" might be an
amendment to Beach by Design's wording in regards to the "Old Florida District". That
amendment might delete the words "New single family dwellings and townhomes are the
preferred form of development". I think that if you decide to "deal with height" and agree upon
the 75 foot figure, a definition of a high-rise as has already been adopted might be included in
your addendum to reference what is a mid-rise, (anything lees than high-rise). I don't know
what low-rise height is but would think it might be up to that 35 foot height I have heard
discussed.
I think my suggestions represent something the "entire community" can live with. I would further
like to point out that to my knowledge there has been no development in the "Old Florida District"
that has been requested or approved over 75 feet in height. This would also make all existing and
8/2912005
Page 2 of2
already approved proj ects "legal".
Thank you for your time in this matter. I hope that the documents, input and suggestions help you
in your work session and decision making process.
Respectfully submitted,
Robert M. Pennock
665 Bay Esplanade # 3
Clearwater, Florida 33767
(727) 441-1475
rmpennock@msn.com
8/29/2005
Page 1 of 1
IS. \
Hamilton, Hoyt
From: ROBERT PENNOCK [rmpennock@msn.com]
Sent: Thursday, August 25,20054:51 PM
To: Hamilton, Hoyt
Subject: Old Florida District
Dear City Council Member Hoyt Hamilton,
I would like to state that as an owner of property in the "Old Florida District" I was completely
surprised by the enormous leap that my property taxes have just taken. Considering that the "preferred
use" of my property is for single family and townhome use I would say I am being appraised at a level
consistent with something completely different. Might I suggest I am being taxed at a new rate
consistent with commercial or multifamily property values! I have no problem with this sort of
taxation so long as my property rights are not taken away! My property is worth what is stated on my
tax bill so long as I am not limited to single family or townhome use. I think that is only fair.
I would like to make a couple of more comments about the use of my property in the "Old Florida
District" I bought my property (685-687 Bay Esplanade) as an investment property based on the fact
that when I went to the planning department and asked how many units I could put on this property I
was told 4. There is no way I can put 4 units on this property without going up. The planning
department knew this when they told me this. They did not tell me I could only put a single family
home or townhome on this property. They knew I was looking at this property as a developable piece
of property.
Lastly, I attended the meetings regarding the "Old Florida District". I also attend many CDB
meetings. I think ifheight is changed in our neighborhood we need to take a look at what is on both
sides of this neighborhood - high rises to the south and residential to the north. Weare the transition
area. We have 150 ft high rise towers to the south. To the north there are some residential homes that
are being added onto and built that look to be around 40 feet tall or more. If this is the residential
height, what should our neighborhood be at? Is 40 feet low-rise? We need to be the transition from
150 feet to 40 feet. I feel that the 75 foot scenario discussed at the meetings is an appropriate height
for a transition area.
Thank you for your time,
Kathy Ziola
139 Bayside Dr.
727-444-4400
8/29/2005
Page 1 of2
/5. \
Hamilton, Hoyt
From: William Blackwood [wblackwo@tampabay.rr.com]
Sent: Sunday, August 28, 2005 11: 17 PM
To: Horne, William; Hibbard, Frank; Jonson, William; Hamilton, Hoyt; Petersen, Carlen; Doran, John;
Brumback, Garry
Subject: Commission work session on 8/29/05
Dear City Commission, City Manager, Assistant City Manager;
I ask that you please consider the following items in your work session on Monday. For simplicity, I am providing
numerical bullets, attached with a mark up proposal of edited changes to Beach by Design for 'Old Florida'.
1. As you know, our 'Old Florida' neighborhood has been through a quasi-hell this year, starting with the ill-fated
moratorium proposal at the beginning of the year. We, as a community came together, worked very hard, and
spent very significant resources in time and money to defend basic property rights. In the process I am sure you
all learned quite a bit about the law, how the Code applies to our neighborhood, and how informed our
neighborhood is with respect to these laws, most notably, the Community Development Code.
2. At the request of the City, many that own property in the 'Old Florida' district attended all four of the
painful meetings at the Recreation Center on this 'Old Florida' subject. I attended all four meetings. I spoke with
many of you, and you are all very aware of the fact that the 'votes' taken for the proposals were not representative
of the property owners' wishes. You know very well that only a small minority of the property owners in the 'Old
Florida' district were represented in these votes. I discussed this very problem with you and you each agreed.
Any analysis of this 'vote' data should be considered a 'garbage in, garbage out', review of the information. The
bottom line is that there was unfair 'voting' representation by those that do not own property, namely people from
the residential areas to the north, Island Estates, and many Canadians. That all said, the results STILL favored
maintaining not only the current use of the property in the Tourist-designated areas, BUT ALSO a favorable vote
to at least a limit of 75' feet in height. PLEASE also keep in mind there were only TWO choices to vote upon, and
these two choices were selected by the CITY, NOT as a result of these meetings. This entire 'voting' process
was not accurate, and I was vey refreshed in speaking to each of you directly that you agreed at these meetings.
I just want to be on record here again to re-iterate your recollections on this subject. Given the height approvals
at the La Risa (Please, no one for a minute shall consider the approximate 69' height approval for this project as
an 'exception', as the Tourist district Code clearly calls for a theoretical limit of 100'), any proposals for height
limits less than what the Community Development Code already calls for (100' in the Tourist District), will open the
City up for lawsuits and at a maximum, and a precedent as a minimum. Any consideration for a height cap in the
'Old Florida' district must start at least at 70' to capture the already-approved projects to avoid any 'precedent'-Iike
argument.
3. With respect to the Community Development Board ONLY two members, Dennehey and Frisch, attended
these Old Florida meetings. Why was that? Some Development Board members not in attendance
were ignorantly 'surprised' to be told at CDB hearings that the 'Old Florida' district does not even allow for single
family homes in the 'Beach by Design' Plan. How can certain CDB members be ignorant? Who's job is it to
inform them? Why weren't the all the CDB members required to attend?
4. One of the core continuing nightmares that the 'Old Florida' property owners STILL have to contend with is the
'interpretation' of 'midrise' as being 50'. Why is this 50' value, a figure unilaterally conceived by the defrocked,
dismissed former City Planner, still held? This is costing the property owners in the 'Old Florida' area a small
fortune in legal expenses to have to continually rebut, and there is no justifiable basis for it. A noted expert, Ethel
Hammer (sp?), has testified many many times this conclusion is not valid. What is the City Commission going to
do about this festering problem? After almost 9 months (the time the City desired for the moratorium), we STILL
don't have a position. What more is it going to take? Please consider the attached document as a starting point
that our neighborhood will likely spearhead into a petition if necessary.
5. Please everyone, keep our fellow American's in your prayers that reside in the New Orleans area today. They
8/29/2005
Page 20f2
are going to be going through a very difficult time ahead. Our community's prayers must be with them.
Additionally, we too as a community hope the great City of Clearwater will respect our current Community
Development Code, namely the Tourist district designations, to build new, safe, and beautiful structures that can
best handle the issues confronting all of us in coastal Florida conditions. Surely, we will far exceed the City's
expectations in code and architecture, given our right to do so.
6. On an unrelated topic, the editorial in the St. Petersburg Times today on the new parking garage on the Marina
was right-on-the-money. It could very well follow that the City's historic inaction facilitated blundering into a
brilliant solution. The land is large enough to accommodate plenty of parking, there will be no building on the
Beach itself, and it is unparalleled in convenience to proximity to Pier 60, the new Beach Walk, and other
commercial interests. This article by the Times was well written and the City must act upon the only logical, and
brilliantly simple solution to the location of the parking garage. Kudos to the Times and the City's 'patience' :) on
this subject. You all deserve credit as we collectively look forward to the City's leadership in the very popular
location for the new parking garage.
Thank you for your time again, and our 'Old Florida' property owners look forward to finality to this very expensive
and arduous 'Old Florida' ordeal.
Bill
8/2912005
lS .1
The "Old Florida"
District
The area between Acacia
and Rockaway is an area of
transition between resort uses in
Central Beach to the low intensity
residential neighborhoods to the
north of Acacia. Existing uses are
generally the same as the balance
of the Beach. However, the scale
and intensity of the area, with
relatively few exceptions, is
substantiallylessthan
comparable areas to the south.
The mix of uses in the District favors residential more
than other parts of Clearwater Beach and retail uses
are primarily neighborhood-serving uses. Given the
area's location and existing conditions, Beach by
Design contemplates the renovation and revitalization
of existing improvements with limited new
construction where renovation is not practical. New
single family (hvellings and to\\'nhouses are the
pre felTed fom1 of de\'eIopment. Densities in the area
should be generally limited to the density of existing
improvements and building height should be Io,,\, to
mid rise in accordance with the Community
Development Code. Lack of parking in this area may
hinder revitalization of existing improvements,
particularly on Bay Esplanade. A shared parking
strategy should be pursued in order to assist
revitalization efforts.
Page 1 of3
IS. \
Hamilton, Hoyt
From: Horne, William
Sent: Sunday, August 28,20055:31 PM
To: City Council
Subject: FW: Proposed changes "Old Florida District"
Councilmembers,
Paul Kelly's email is a classic example of why it doesn't matter what rational processes we
use to determine land use rules. Some of what he says is true and some of it is just flat
wrong when he tries to explain planning dept actions and motivations. What is clear to me
this week is the city council will need to set the rules you want the staff to enforce. We have
made our best determination and if it isn't on the mark, you should tell us what the right
number(s) is. I wish public policy could simply be determined based on whether residents
objected. If I recall, a previous city commission tweeked the land use rules in Old Florida
years ago. You will join those ranks this week. We will be happy to get this issue behind us.
Your patience through this whole ordeal has been greatly appreciated.
Bill Home
City Manager
Clearwater, FL
(727) 562-4046
-----Original Message-----
From: Brink, Carolyn
Sent: Friday, August 26,20059:55 AM
To: Horne, William; Brumback, Garry; Irwin, Rod; Akin, Pam; Goudeau, Cyndie; Blunt, Betty; Reporter
Subject: FW: Proposed changes "Old Florida Ditrict"
-----Original Message-----
From: Doran, John
Sent: Friday, August 26, 2005 9:34 AM
To: 'Paul Kelley'
Cc: Brink, Carolyn
Subject: RE: Proposed changes "Old Florida Ditrict"
Paul:
Thank you for your comments and for continuing to participate in the process. I believe the staff report on Old
Florida will be coming in the near future, at which time the Council will evaluate the information and
recommendations received, from staff and from the public. I hope to hear from you again when we address Old
Florida at our public meeting(s).
john doran
-----Original Message-----
From: Paul Kelley [mailto:paul@showqueen.com]
Sent: Thursday, August 25, 2005 11:47 AM
To: Hibbard, Frank; Petersen, Carlen; Doran, John; Jonson, William; Hamilton, Hoyt
Subject: Proposed changes "Old Florida Ditrict"
8/29/2005
Page 2 of3
Date: 24 August 2005
To: Clearwater City Council
From: Paul Kelley
Re: "Old Florida" District
Dear City Council,
I am writing to voice my opinion in reference to the proposed changes in the
"Old Florida District" that will be introduced by the Planning Department. I
attend most CDB meetings and have witnessed staff's growing concern about the
types of projects being brought to the City over the last year. There has been
little or no opposition from the public on most of these projects. City staff
seems determined to limit and change the criteria set forth in Beach By Design
and the Land Development Code in my district.
My address is 667 Bay Esplanade. I have owned and resided at this address
since 1994 and have waited with great anticipation the revitalization of my
neighborhood. I am now working with a neighboring property owner and have
submitted an application to redevelop our properties jointly.
There have been 5 projects submitted within 50 yards of my property, 4
approved, 1 denied. Height ranging from 54 to 69 feet (all acceptable). All
outstanding projects. I have no concerns with height or mass and believe the
guidelines and limits of height in the Land Development Code are appropriate
for this neighborhood. It has become apparent to me after a long and diligent
process to approve Beach by Design and the Land Development Code that the
current staff has a different vision for our neighborhood. I would like to
highlight three major topics for your consideration as I would like to share
as much information about the important decision in the upcoming weeks.
Property Taxes
In 2004 my property taxes were increased by over 50%. In 2005 my property
taxes increased another 75%!! These taxes are for commercial property and this
area has historically been zoned commercially, not residential. A discussion
with the County Appraiser informed me that this was not an assessment of
improvements I had made to the property, but the entire neighborhood had been
reassessed because of many recent sales, some to developers. The comparable
sales had increased dramatically in two years, many speculative sales were
based on a 30 unit per acre density for redevelopment. If the guidelines or
criteria are changed in the future to decrease density or realistically
prohibit construction that could maximize density than all property values
will be greatly decreased, possibly cut in half. I am sure it would take
years, possibly never to see my property taxes recede to the level they were
prior to 2001. No homestead exemption can help these inflated taxes,
redevelopment (as desired by the city at inception of beach by design) is the
prudent choice.
Condo "Hotel/ Motel Conversions"
This is the most disturbing of all topics that is currently occurring in my
neighborhood. This is the worst possible scenario for the "Old Florida
District". Property values will be seriously decreased, and the City realizes
no benefits which are created by redevelopment. All parking will be back out
or City owned spaces, no building upgrades, no landscaping, no sidewalks and
remodel construction which is aesthetically horrific. This type of
redevelopment does not require CDB or Council approval and is extremely
dangerous because no matter what you or I want this neighborhood to look like
this is what it will look like. This is the path of least resistance taken by
property owners because of the high improbability to submit a development
8/29/2005
Page 3 of3
proposal that could meet staff's "expectations". There are four under
construction, at least that many in the planning process and within months I
predict all 1950's motels may go this route as a matter of economics.
"Old Florida" Neighborhood
My observations of the Planning Department over the last two years leads me to
believe staff wants to reduce the intensity of the "Old Florida District".
Clearwater Beach has probably seen more redevelopment in the last three years
than in the last thirty combined, this would tax any planning department. The
CDB has several times over ruled staff's recommendation of denial on beach
projects especially in the "Old Florida District". The "Old Florida District"
meetings held in the spring revealed that heights of 75 feet were acceptable
to the majority. I participated, spoke in favor of and still support Beach By
Design and our Land Development Code. I believe the majority in our
neighborhood support all proposed projects to date, there has been virtually
no opposition to any project brought forward. No objections to height, to mass
or other issues that staff consistently cites as not "the preferred form of
development". There have been repeated references that these projects are "out
of scale with the surrounding neighborhood", I have a 58', 69', 54' buildings
completely surrounding my property, if anything my old non conforming(to
parking ,flood, and numerous other codes) is the property that is out of
scale. The residents of this neighborhood helped pass Beach By Design, helped
draft it and now when the time has come to implement it, we do not want others
who do not live, work or own property here to decide how this area should be
developed.
A few years ago the City adopted Beach By Design, a new Land Development Code
with the hopes the private sector would respond. We are ready to go, we've
been ready, redevelopment of the "Old Florida District" can happen
simultaneously with the Gulfview construction, and the resort construction on
north and south beach. Please give a clear mandate to City staff and the
Planning Department to allow the property owners of the "Old Florida District"
to proceed under guidelines and codes which incorporate the following:
. Density developed at current 30 units per acre
. Parking ratios should drive height to unit ratio
. Restrictions should not be placed on height
. Eliminate the phrase "Single family dwellings and town homes are the
preferred form of development"
If you have any questions or would like to discuss this further please call
me at 727-423-7565. Thank you.
Sincerely,
Paul J. Kelley
667 Bay Esplanade
Clearwater Beach, FL
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Checked by A VG Anti-Virus.
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8/29/2005
~?Efii:~+S3f;R~: O,~I~~~L: =~V?~~d-~G
~ P. "Limited Common Elements" means those Connnon Elements which are reserved for the use
of a certain Unit or Units to the exclusion of other Units, as more particularly specified in this Declaration
of Condominium.
Q. "Special Assessment" means any assessment levied against Unit Owner or Unit Owners
pursuant to this Declaration of Condominium other than the assessment require€S~Ki4ietf~pted
annually. CITY COUNCIL
R. "Unit" means that portion of the Condominium Property which ~tftf~egt 2 to ,.private
ownership as further defined in Article 4 hereof. aa~
S, "Unit Owner" or "Owner" means the owner ofa Condomini1.lIllJ:fTcel. PRESS
. . \Jl:ERKlATTORNEY
T. "Venezia Property" means and refers to that certam communIty adjacent to the Condonuruum
Property owned by The Grand Venezia at Baywatch Limited Partnership ("Venezia") and being more
particularly described on Exhibit "G", The Venezia Property and this Condominium are both subject to
an Operating Maintenance and Easement Agreement C'OEA Agreement") dated January 5, 2000 and filed
of record on January 13, 2000 in Official Records Book 10784, Page 1247 of the public records of
Pinellas County, Florida, as amended, Pursuant to the OEA Agreement, the two properties share certain
facilities as described therein (e.g. main entryway, entryway features, promenade, utility lines, and
-drainage facilities) and also share expenses for maintaining these items on a 50/50 basis, Cross easements
are provided in the OEA Agreement over commonly used and shared facilities as described therein.
There will be three (3) parking spaces located near the Docks which will be marked to indicate that they
are to be exclusively used for the loading and unloading of boats by Owners who also own a boat slip in
The Docks at Bellagio and by tenants of the Venezia Property who also lease a boat slip at The Docks at
Bellagio.. The OEA Agreement provides that the owners and occupants of the Venezia Property shall
have access to and a right to use the portion of the Docks constituted as part of this Condominium and
they shall bear one fourth of the- costs of the same. A more detailed explanation is provided in Article 9
below.
u. "Voting Certificate" means a document which designates one of the Owners of a Unit, or the
corporate, partnership or entity representative of an Owner of a Unit as being entitled to vote and
represent the voting interest related to such Unit.
ARTICLE 4 .
THE UNITS
A. Identification, Each of the Units is identified and designated as set forth in the survey
contained in Exhibit "B" attached hereto and by reference made a part hereof,
B. Boundaries. Each Unit consists of (1) the volumes or cubicles of space enclosed by the
unfinished iIUler surfaces of perimeter walls, ceilings and floors of such Unit, including vents, doors,
windows and such other structural elements as are ordinarily considered to be enclosures of space,
together with the volume or cubicle of space enclosed by any associated terrace, (2) all interior dividing
walls and partitions (including the space occupied by such interior walls or partitions but excepting load-
bearing interior walls and partitions), and all screening enclosing the terraces, and the exterior balconies
and deck areas abutting or appurtenant to the enclosed portions of the Unit, (3) the decorated inner
surfaces of the perimeter and interior walls (including decorated inner surfaces of all interior load-bearing
walls), floors and ceilings consisting of paint, dry wall, carpeting, tiles and other fmishing materials
affixed or installed as part of the physical structure of the Unit, and (4) all fixtures, mechanical systems
and equipment installed for the sole and exclusive use of the Unit, commencing at the point of
disconnection from the structural body of a building and from the utility lines, pipes, or systems serving
Page 1 of2
Phillips, Sue
~'. 'S.~
C~
1-05
From: Delk, Michael
Sent: Wednesday, August 31, 2005 12:20 PM
To: Irwin, Rod; Senior Management Distribution List
Cc: Clayton, Gina; Thompson, Neil
Subject: RE: Clearwater Calvary Church Relocation
Parking Space Requirements.
Assumptions: GFA = 22,300 sq. ft.
Seats = 250 Occupancy
Seats (est potential) 752
As indicated earlier, OSR does not include this as a permitted use so parking requirements must be ascertained by
looking at required minimum standards in another district (C District referenced in this case).
For Indoor Recreation/Entertainment and/or Community Centers - the parking requirement is 5 per 1000 sq. ft. Gross
floor area. This would mean 111 spaces more or less given a size of 22,300 sq. ft. That might be ok for a 250 occupancy
but not enough for 752 seats.
For comparison, churches require 1 parking space per two seats. For 752 seats, that would be 376 parking spaces. This
is more than would likely be needed.
If in fact 752 could be accommodated, a figure approximating 1 space per 3 seats, or about 250 spaces more or less is
about where it ought to be in terms of reasonable availability to the venue.
I'll continue looking at this to see if the code can provide further direction.
Let me know if any comments.
mid
Michael Delk, AICP
Planning Director
City of Clearwater, FL
727-562-4561
mYclearwater.com
-----Original Message-----
From: Phillips, Sue On Behalf Of Irwin, Rod
Sent: Wednesday, August 31,20059:56 AM
To: Senior Management Distribution List
Cc: Pullin, Sharon
Subject: FW: Clearwater Calvary Church Relocation
Importance: High
Attached is draft response to questions from Council and/or Management team for Thursday.
91112005
..
Page 2 of2
Please review and comment to Mashid and me ASAP but not later than 3:00 p.m.
Michael, can we have a required parking estimate for 250 occupancy facility and the upper range of occupancy
identified in the study?
Thanks!
-----Original Message-----
From: Heit, Kenneth N. [mailto:Kenneth.Heit@hdrinc.com]
Sent: Wednesday, August 31,20058:24 AM
To: Arasteh, Mahshid
Cc: Irwin, Rod
Subject: Clearwater Calvary Church Relocation
Mahshid and Rod,
I am attaching a PDF that I worked on yesterday a bit while I was in l'y1iami. This is our response to the questions
that have been raised, based on; what we have been informed of over the phone, and at the Council Worksession.
Unfortunately, the document is not in electronic form so I cannot make changes to it. I would have to generate a
new version. Anticipating that, I separated some of the questions onto separate pages to allow you the ability to
"pick and choose" what you thought should be put forward.
Please review the attached and let me know if you think this is adequate to address the questions that were raised,
or if I can answer any further questions or be of any further asistance.
I got a phone message from Bill West late last night and I will try and get in touch with him this morning.
Thank you.
Kenneth N. Heit
HUH lONE COMllANY lUau)' Solutions
2202 N. West Shofe Blvd, Suite 160 I Tampa, FL 133607-5755
Phone: 813.28224691 [mail: Kenneth.Heit@hdrinc.com
FiR 813.2622777
9/112005
Howard Warshauer
808 Allen Drive, Clearwater, FL 33764
727-4427411, captainhw@tampabav.rr.com
~'. \5.:1
ccjJ\~ q-I-DS
September I, 2005
I am here this evening to applaud and support Mayor Hibbard's initiative to save the Calvary
Baptist Church.
From 1992 through 1999 I served as City Commissioner of West Palm Beach. During that period
CityPlace came into being. It is the cornerstone of West Palm Beach's current revitalization, As
part of the process to select a developer for the project, it was decided by the West Palm Beach
City Commission that saving the Historic Methodist Church would be essential to the success of
the overall development. We realized that with such a large scale redevelopment and so much
new constrnction, having a historic centerpiece would be desirable.
The selected CityPlace developers, Palladium Group, embraced the concept of making the
historic church a centerpiece of the development. Together with Mayor Nancy Graham they
solicited donations for naming rights for a perfonning arts center, the Church's' intended use. A
three million dollar donation was secured from Harriet Himmel Gilman, a Palm Beach socialite.
Additionally, because the church was built on a sand dune, the developers came up with the
concept of converting the sand below the church into commercial opportunities, This has turned
out to be extremely successful.
I believe similar opportunities exist in Clearwater for the Calvary Baptist Church. Here is the
reasoning:
. Saving the Church structure saves an important piece of Clearwater history that can be
located in an area where a great deal of new construction will take place, therefore
providing an important link with the past,
. Moving the Church somewhere near the present location can create a spectacular public
space and centerpiece of Clearwater revitalization
. Naming opportunities and considerable funding could be solicited. Certainly, prominent
families, groups or businesses in the area would be interested.
. Even the opportunity to create lower level or levels of public parking below the Church
would be possible,
· Certainly all the groups involved in new projects downtown would support a performing
arts center, It would clearly be an important selling point for their projects.
There are other similarities, but I think you understand the point. You have a moment in time to
take advantage of a circumstance that will forever change for the better the face of downtownDClearwater. We did in West Palm Beach and I can honestly say I do not know of anyone today
who regrets that decision.
I have talked with many residents regarding the issue and they all feel very strongly that saving
the church, moving it to the public space below the bluff and using it for a perfonning arts center
would be something they would vote to support, So would I. Future generations of Clearwater
residents will be very grateful. Thank you.
~~
arshauer
Saving the Calvary Baptist Church
Potential Resources
I spent only an hour in thought regarding funding the project. Here are the results.
Government
. Low interest loan from the State Sunshine Loan Fund
. Special Bond issue
o Guarantee could be from CRA, DDB, or other revenue stream
. Grant from the State Division of Cultural Affairs
o http://v.,ww.florida-arts.org/grants/fororganizations.htm
. Grant from the State Division of Historical Preservation
o http://dhr.dos.state.fl. us/preservation/
. Grant from Penny for Pinellas
. Grant from the Pinellas Arts Council - cultural development grants available
Philanthropic
. Many philanthropic organi7.9tions focus on historic properties, the arts, and
community development
. Reach out to general community in a "Save the Historic Church" fund
. Community Foundation of Tampa Bay is a good resource
o http://www.cftampabay .org/
Business Community
. Make a list of stake holders
. Prioritize the list as to who benefits the most
. Anyone involved in new downtown projects would certainly be a target
Residential Community
. Make a list of stake holders
. Prioritize the list as to who benefits the most
The Harriet Himmel Theater for
Cultural & Performing Arts at CityPlace
Once home to the First United Methodist Church of West Palm Beach,
this transformed 11,000 square foot cultural arts center is the perfect
venue for the performing arts, as well as receptions, exhibitions,
fashion shows, seminars and community meetings. Let this beautifully
restored space provide the perfect backdrop for your special event or
party!
. The former church is now named The Harriet Himmel Theater for
Cultural and Performing Arts in honor of Ms. Himmel's generous
gift to complete its restoration.
. The Harriet is the centerpiece of CityPlace and its architectural
style the model for the basic design philosophy of the entire
development.
. The venue offers a wide variety of cultural programming,
including music, dance and theater. It is also available for special
events, receptions, banquets, meetings and other activities.
. The performance hall is 11,000-square-feet and fully equipped to
accommodate 400-600 people for theater performances; 900
guests for receptions; banquet-style seating for 600; and up to
60 units for trade show exhibitions.
. Full service kitchen available on-site.
The Harriet Himmel Theater
(561) 835-1408
Phillips, Sue
~>IS d
CC fV\ ~ q -I -0<)
Subject:
Irwin, Rod
Wednesday, August 31, 2005 5:34 PM
Gty COlUlCil
Home, William; Brumback, Garry; Arasteh, Mahshid; Delk, Michael; Akin, Pam; Goudeau,
Cyndie
Calvary Baptist Cl1urch Relocation Questions from Work Session
From:
Sent:
To:
Cc:
Importance:
High
Attached please find two memorandums in response to questions raised at Monday's work session on the Calvary Baptist
Church.
Feel free to contact us if you have any questions or desire clarification.
u
Calvary Baptist Delk Memo on
Church Relocat... Calvary.doc
Rod Irwin, Assistant City Manager
562-4058
1
u.
o
~
U
lnteroffke Cot"l!t:spondence Sheet
MEMORANDUM
TO:
Rod Irwin, Assistant City Manager
FROM:
Michael Delk, Planning Director
DATE:
August 31,2005
RE:
Calvary Baptist Church Relocation
A performing Arts Center is not a permitted use in the OS/R district. However, I
believe that we can get there through the Comprehensive Infill process.
Having said that, our bigger issue at this point is that the PPC has informed us
that such a center is not consistent with the County-wide rules. In discussing this
with Dave Healy, Executive Director of Pinellas Planning Council, it appears that
there are two options:
Option 1. Change the land use designation from OS/R to Institutional.
This could be done within six to seven weeks of City action to initiate. City action
could occur in December/January assuming a September initiation of the item.
Final action required by the CPA would be approximately two months later.
Total: 5 to six months.
Option 2. Amend OS/R to allow performing arts center.
Could be done within 8 weeks more or less of City action to initiate. City action
could occur in December/January. Final action required by CPA would be
approximately two months later. Total: 6 months. Given the County-wide impact
of this option it may be the least desirable from the standpoint of the PPC and
County.
I should point out that Mr. Healy indicated they would assist by expediting the
process any legal way that could be done.
Feel free to contact me if you have any questions.
lJ.
o
>
to-
o
Interoffice Memorandum
From:
Rod Irwin, Assistant Gty Manager
Mahshid Arasteh, Public Works Administrator
To:
Date:
August 31, 2005
Response to Council Questions - Olivary Baptist Church Relocation
Re:
In conjunction with the consultant and City staff, we offer the following in response to
questions raised by the Council at their work session on Monday, August 29th:
1) What are the estimated costs prior to the December 19th referendum?
Geo-technical Report
Geo-technical Engineering report/evaluation and recommendations; perform soil borings
and prepare report. Provide preliminary evaluation based on core samples.
$45,000
Code Review
Perform a preliminary investigative code review to ascertain salient portions of the code
that are relevant to the proposed relocation project.
$15,000
Costs to City for Referendum
Administrative and other miscellaneous cost estimates.
$64,000
Structural Movers Due Diligence
Perform due diligence investigation to provide cost quotation for physical relocation of
the building. Access to the Church interior is required. Investigation to be non-invasive.
Further data may be required and presented as made available.
$20,000
1
Program Refinement
Refine the program for a performing arts center in a preliminary way to establish the
basic approach, intent, and range of flexibility. Meetings with Eckerd Hall staff will be
necessary as well as continued input from their consultants. This will not be a Program.
It will only establish the groundwork for intent, set goals for seating capacity,
arrangement, and target specific uses for existing spaces.
Begin to define potential parking requirements.
$20,000
Preliminary Site Design/Study
Provide preliminary limited site engineering for the new potential site including obtaining
survey data, establishing building footprint, topography, orientation, proximity of
utilities. Define extent of required demolition at new site. Consider recommendations of
Oeo-tech Engineer. Final site design is not included. A limited study for parking options
may be included.
$35,000
Demolition of Church buildings
Performed by Developer
N/A
Asbestos Abatement
Performed by Developer
N/A
Sub-Total $199,000
Contingency $15,000
TOTAL ESTIMATED COSTS
$214,000
2) What parking costs were included in the Feasibility Study?
Costs provided in the HDR cost estimate/budget are for 200 surface parking spaces for a
250+/- seat facility at $6,000 per space. As stated in the estimate, structured parking
would be more. Usually, structured parking may be estimated at $15,000 per space
excluding land cost.
For a 750 seat facility, at a rate of 1 space per 3 seats, the total required number of
parking spaces will be 250. 50 of these could be located under the building, 200 spaces
in a nearby parking garage. The total cost in this case would be $3,300,000 (as opposed
to $1,200,000 in original cost estimate).
2
Additional options for parking (i.e., shared use) could be explored.
3) Are there provisions for sprinkler systems in the building?
It is recommended that the relocated building be fully sprinklered. This has been
included in the cost estimatelbudget under "building systems upgrades".
4) Is asbestos removal required?
An asbestos report will need to be done on the building and submitted to Pinellas County.
There is a IO-day minimum waiting time to allow for review of the report before any
work or abatement can occur.
The asbestos that is disturbed, if any, will need to be addressed following State and
Federal guidelines. There is no mandatory removal required. Asbestos can remain where
it is as long as it is not disturbed. There can even be removal, containment, and
reinstallation of existing if needed to match architectural look, etc. As far as removing if
found, it depends on what and where the asbestos is. The asbestos report that is required
to be submitted will detail how to address any abatement, and determine actual cost.
This cost is to be borne by the developer.
3
Page 1 of 1
Phillips, Sue
From: Phillips, Sue on behalf of Irwin, Rod
Sent: Wednesday, August 31, 20059:56 AM
To: Senior Management Distribution List
Cc: Pullin, Sharon
Subject: FW: Clearwater Calvary Church Relocation
Importance: High
Attached is draft response to questions from Council and/or Management team for Thursday.
Please review and comment to Mashid and me ASAP but not later than 3:00 p.m.
Michael, can we have a required parking estimate for 250 occupancy facility and the upper range of occupancy identified
in the study?
Thanks!
-----Original Message-----
From: Heit, Kenneth N. [mailto:Kenneth.Heit@hdrinc.com]
Sent: Wednesday, August 31, 2005 8:24 AM
To: Arasteh, Mahshid
Cc: Irwin, Rod
Subject: Clearwater Calvary Church Relocation
Mahshid and Rod,
I am attaching a PDF that I worked on yesterday a bit while I was in Miami. This is our response to the questions that
have been raised, based on; what we have been informed of over the phone, and at the Council Worksession.
Unfortunately, the document is not in electronic form so I cannot make changes to it. I would have to generate a new
version. Anticipating that, I separated some of the questions onto separate pages to allow you the ability to "pick and
choose" what you thought should be put forward.
Please review the attached and let me know if you think this is adequate to address the questions that were raised, or if I
can answer any further questions or be of any further asistance.
I got a phone message from Bill West late last night and I will try and get in touch with him this morning.
Thank you.
Kenneth N. Heit
HDR lONE COJ\:lPANY I :Halty SolutiollS
2202 N. West Shore Blvd" Suilel00 i Tampa, FL 133601-5755
Phone: 813.282.24691 Email: Kenneth.Heit@hdrinc.com
FdX: 813.202.2777
9/112005
Costs include
Geo-technical Report
Gee-technical Engineering report/evaluation and recommendations
RFP and perform soil borings and prepare report. Provide prelim. evaluation
based on core samples.
$45,000
Code review
Perform a preliminary investigative code review to ascertain salient portions of
the code that are relevant to the proposed relocation project. Governing authority
and City to participate and contribute to review.
$15,000
Costs to City for Referendum
Administrative and other misc. costs est.
$50,000
Structural Movers Due diligence
Perform due diligence investigation to provide cost quotation for physical
relocation of the building. Access to the Church interior is required. Investigation
to be non-invasive. Further data may be required and presented as made
available. $20,000
Program refinement
Refine the program for a performing arts center in a preliminary way to establish
the basic approach, intent, and range of flexibility. Meetings with Eckerd Hall staff
will be necessary as well as continued input from their consultants. This will not
be a Program. It will only establish the groundwork for intent, set goals for
seating capacity, arrangement, and target speCific uses for existing spaces.
Begin to define potential parking requirements.
$20,000
Preliminary Site Design/Study
Provide preliminary limited site engineering for the new potential site including
obtaining survey data, establishing building footprint, topography, orientation,
proximity of utilities. Define extent of required demolition at new site. Consider
recommendations of Geo-tech Engineer. Final site design is not included. A
limited study for parking options may be included. $35,000
Demolition of Church buildings
Performed by Developer
N/A
Asbestos Abatement
Performed by Developer
N/A
Sub-Total $185.000
TOTAL ESnMATED COSTS
Contingency 115.000
$200,000
Parking costs
Costs provide in the cost estimatelbudget are for surface parking spaces at
$6.000 per space. As stated in the estimate, structured parking would be more.
Usually. structured parking may be estimated between $12,000 and $15,000 per
space.
It is uncertain how many parking spaces will be required. It will be a function in
part of zoning, the program, and the ultimate seating capacity. The City planning
department may assist by providing the criteria.
It is recommended that the relocated building be fully sprinklered. This has been
included in the cost estimatelbudget under "building systems upgrades"
Further sub..cJivision of the sanctuary dome.
Regarding the possibility of removing only the roof of the domed portion (without
the piers) to perhaps use it as "hood ornament" on another building such as the
City Hall, this faUs into the same category as other building sub..cJivisions; It is
possible, but . Logistics involved in set-up for a
scaffolding, crane, and reinforcements would be very costly and time consuming.
It would be much less expensive to construct a new dome. In order to capture the
underside of the dome and the ornamental ceiling, it would still be necessary to
cut the dome down low at the base of the lantern and retain the steel truss work
intact. As previously mentioned, this would involve extensive reinforcements and
precautions. Additionally, it falls outside the goal of adaptive reuse of the
sanctuary, and instead may be considered a "monumental" use.
Although subject to further review and interpretation, the following is offered,
FBC 102.2.2 Residential buildings or structures moved into or within a county or
municipality shall not be required to be brought into compliance with the state
minimum building code in force at the time the building or structure is moved,
provided
. The structure is structurally sound and in occupiable condition for its
intended use
. The occupancy use classification for the building or structure is not
changed as a result of the move,
. The building is not substantially remodeled
. Current fire code requirements for ingress and egress are met
{Jrl
. Electrical gas and plumbing systems meet the codes in force at the time of
construction are operational and safe for reconnection and
. Foundation plans are sealed be a professional engineer or architect
licensed to practice in this state if required by the FBC.
Note
Any potential relocation site at the bottom of the bluff will be subject to review for
compliance with requirements for structures seaward of the coastal construction
control line. Additionally, further study is required (included under site) to review
the effects (if any) of location of the building adjacent to Clearwater Harbor, and
determine the Flood Zone delineation,
Asbestos.
FBC 105.9 The enforcing Agency shall require that each building permit for
demolition or renovation of an existing structure contain an asbestos notification
statement which indicates the owner's responsibility to comply with the provisions
of Section 469.003, Florida Statutes and notify the Dept of Environmental
Protection of intentions to remove asbestos in accordance with state and federal
law.
The FBC allows an exemption for removal, moving, or disposal of asbestos for
residential buildings FBC 105,3.6
The City attorney may advise City staff on what is required by Florida Statute and
further on this issue
Termites
The city may investigate what is required for notification due to change in
ownerShip of the church as well as other disclosures as required by law.
It is recommended that a termite inspection/investigation and report be prepared
prior to the Referendum,
Item 15.2 (CC 09-01-05)
Re: Boxed item
Reports & Studies
Too Large to Scan
Bound Report:
Calvary Baptist Church Relocation
Feasibility Study
August 29, 2005
HDR