11/16/2005
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City Council Agenda
Date: 11/16/2005 6:00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
4.1 Service Awards
5 Presentations:
5.1 State of the City Report
5.2 Nagano Teachers
5.3 Recruit Oath of Honor
5.4 Brownfield Award Presentation to Council
5.5 Citizen's Academy Graduates
6 Approval of Minutes
6.1 November 3, 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 Declare as surplus for the purpose of offering for sale by Invitation For Bid 01-06,
vacant residential lots described as PLAZA PARK, Block H, the South 50 feet of Lots 1
& 2 (501 Pennsylvania Avenue) at the minimum bid amount of $35,000, and
SPRINGFIELD SUB. No.2, Block 2, Lot 4 (1028 North Missouri Avenue) at the
minimum bid amount of $40,000, both lots to be used for construction of housing
affordable for qualified buyers under 80% of Area Medium Income.
8.2 Continue to December 1, 2005 the applicant's request to vacate the utility easement
retained over the vacated portion of North-East Cleveland Street lying between Lots 15
through 22 of Block "B", of Bassedena Subdivision, (a.k.a. 1100 Cleveland Street), and
Lots 1 through 14 of Block "A" of said Bassedena Subdivision, (VAC2005-17
Clearwater Centre, LLC),
8.3 Approve revisions to the Community Development Code and pass Ordinance 7449-05
on first reading.
8.4 Continue the Settlement Agreement regarding National Advertising Company V. City of
Clearwater, Circuit Court Case 00-003844-CI-011, consolidated with Lamar Whiteco
Outdoor Corporation V. City of Clearwater, Consolidated Circuit Court Case
00-001939-CI-020.
9 Quasi-judicial public hearings
- None
10 Second Readings - public hearing
- None
City Manager Reports
11 Consent Agenda
11.1 Declare the list of vehicles surplus to the needs of the City and authorize disposal
through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida.
(consent)
11.2 Approve legal services agreements between Fowler White Boggs Banker and the City
of Clearwater and The Law Office of Tim Jesaitis, P.A., and the City of Clearwater for
legal services relating to workers' compensation claims, authorize the appropriate
officials to execute same and authorize payments to said firms in an amount not to
exceed $195,000 for the period 01/01/06-12/31/08. (consent)
11.3 Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from
December 1,2005 to November 30,2006, a one (1) year period, for the collection of
daily parking fees at the Seminole Street Launch Ramps for twenty-five percent (25%)
of fees collected and authorize the appropriate officials to execute same. (consent)
11.4 Approve License Agreement with Bay Bounce, LLC, to provide entertainment
concessions at Pier 60, for the term of October 1,2005 to September 30, 2006, with an
estimated gross revenue to the City of $50,000.00 and authorize the appropriate
officials to execute same. (consent)
11.5 Award a contract to renovate Ross Norton Pool (bid #04-0005PR) to Pinellas Pools,
Inc., Holiday, Florida for $433,950 and approve a change order deduct in the amount
of $65,400 for a net contract amount of $368,550 and authorize the appropriate
officials to execute same; and approve the transfer of $210,600 from Swimming Pool
Renovations & Repairs capital improvement project (93271) and the expenditure of
$88,962 from Recreation Facility Impact fees at first quarter.
11.6 Approve Certificate of Award and accept a FY 2005 COPS Technology Program Grant
in the amount of $246,661 from the U.S. Department of Justice/Office of Community
Oriented Policing Services (USDOJ/COPS)and auathorize the appropriate officials to
execute same. (consent)
11.7 Approve a Contract For Sale of Real Property with Bethel Christian Center, Inc. to sell
property described as Lots 6, 7 & 8, Block "B", FIRST ADDITION TO NORWOOD for
the sum of $119,503, and authorize appropriate officials to execute same, together
with related instruments required to effect closing. (consent)
11.8 Award a contract to Adams Tank & Lift, Inc. of Pinellas Park, Florida, the lowest most
responsible bid for the removal and replacement of the underground fuel storage tanks
at the Clearwater Municipal Marina in the amount of $258,374.60 and authorize the
appropriate officials to execute same. (consent)
11.9 Award a contract for the 2005 Drainage Improvements Project (05-0001-EN) to
Rowland Inc. of Pinellas Park, Florida for the sum of $623,490.46 which is the lowest
responsible bid received in accordance with the plans and specifications and authorize
the appropriate officials to execute same. (consent)
11.10 Approve and accept the terms and conditions of that General Utility Easement Pinellas
County, a political subdivision of the State of Florida, proposes to grant to the City of
Clearwater to encumber a 15,000 square foot parcel of land lying within Section 4,
Township 29 South, Range 16 East, Pinellas County, Florida, to be used as the site for
the Drew/Union reclaimed water booster pump statioin and authorize appropriate
officials to execute same. (consent)
11.11 Approve the final plat for 'VENETIA COVE" located approximately 400 feet west of Fort
Harrison Avenue at 308 Venetian Drive.
11.12 Approve the Cooperative Funding Agreement between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for funding the Alligator
Creek Implementation Projects, Phase III, Channel F (L552) in the amount of
$1,000,000 and authorize the appropriate officials to execute same. (consent)
11.13 Authorize the City Manager to sign a Joint Participation Agreement with the Florida
Department of Transportation to allow the City of Clearwater to be reimbursed for the
cleanup of storm debris from Federal and state roadways within the City Limits, after
hurricane JEANNE during the 2004 Hurricane Season in the approximate amount of
$54,299.00.
Purchasing
11.14 Steco Division of Blue Tee - Purchase three (3) 2006 Steco aluminum ejector transfer
trailers at a cost of $179,052.00.
11.15 Pinellas County Solid Waste - Disposal of brush and miscellaneous materials during
the period December 2, 2005 through December 31, 2006, at a cost not to exceed
$180,000.
12 Other items on City Manager Reports
12.1 Adopt Resolution 05-46 nominating Census Tract 261 Block Group 5 and a portion of
Census Tract 259.01 Block Group 1 for the re-designation of Enterprise Zone 5202.
12.2 Adopt resolution 05-27 renewing lease No. 520030564 with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida Sovereign Submerged
Lands until May 26, 2030; A parcel of sovereign submerged land in Section 17,
Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, containing
13,368 square feet, more or less and authorize the appropriate officials to execute
same.
12.3 Amend Code Sections 6.21 and 6.31, Open Consumption of Alcohol and pass
Ordinance 7543-05 on 1 st reading.
12.4 Adopt Resolution 05-38 requesting the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida ("TIFF") enter into a 50-year lease with the City for
TIFF owned property known as the Clearwater Armory, legally described as Lot 1,
GREENFIELD SUBDIVISION, located at 708 N. Missouri Avene and approve TIFF
Lease Agreement Number 4503 that, among its provisions, requires payment of a $300
annual administrative fee and submittal of a Management Plan within 10 months
following lease commencement, and authorize appropriate City officials to execute
same.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
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Interoffice Correspondence Sheet
TO: Mayor and Councilmembers
FROM: Cyndie Goudeau, City Clerk
SUBJECT: Follow up from November 14, 2005 Work Session
COPIES: William B. Horne, City Manager
DATE: November 15, 2005
AQenda City Council Meeting 11-16-05: Agenda provided.
Minutes 6.1 Minutes from City Council Meeting 11-03-05: Item added to agenda and paperwork
provided.
Pres. 5.1 We Care Fund, Item moved to 12-01-05 meeting.
MR-2 Approve the Conditional Assignment of Lease for the Clearwater Airpark at 1000 N.
Hercules Avenue - Item pulled from agenda.
1 of 1
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City Council
_.".~gen~,~".~,~r Memo,~~ndum
Tracking Number: 1,680
Actual Date: 11/16/2005
Subject / Recommendation:
Declare as surplus for the purpose of offering for sale by Invitation For Bid 01-06, vacant
residential lots described as PLAZA PARK, Block H, the South 50 feet of Lots 1 & 2 (501
Pennsylvania Avenue) at the minimum bid amount of $35,000, and SPRINGFIELD SUB. No.2,
Block 2, Lot 4 (1028 North Missouri Avenue) at the minimum bid amount of $40,000, both lots
to be used for construction of housing affordable for qualified buyers under 80% of Area Medium
Income.
Summary:
Title to the vacant lot at 501 Pennsylvania Avenue was conveyed to the City by Certificate of
Title issued by the Clerk of Court on August 14, 1998 in settlement of a foreclosure judgment in
favor of the City for unpaid liens of a CDBG housing rehabilitation loan, demolition lien, unpaid
interest, attorneys' fees and court costs totaling $18,781.59.
Title to the vacant lot at 1028 North Missouri Avenue was conveyed to the City by Certificate of
Title issued by the Clerk of Court on April 28, 1999 in settlement of a foreclosure judgment in
favor of the City for an unpaid demolition lien, unpaid interest, attorneys' fees and court costs
totaling $15,545.52. The City paid an additional $1945.53 to satisfy past due property taxes for
previous years.
On September 29, 2005 State Certified Appraiser Joseph Fornito performed an appraisal of each
lot, valuing the 5000 square foot Pennsylvania Avenue lot at $35,000 ($7.00 per square foot),
and the 7992 square foot Missouri Lot at $40,000 (approximately $5.00 per square foot).
Upon the subject parcels being declared surplus they will be offered for sale by Invitation For Bid
01-06 in compliance with City purchasing regulations.
In order to foster construction of affordable housing in the North Greenwood neighborhood it is
recommended that the successful bidder construct housing that prospective buyers under 80%
of Area Medium Income would be able to purchase.
Originating: Engineering
Section Administrative public hearings
CategQIy,;, Agreements/Contracts - without cost
Public Hearing: Yes
Advertised Dates: 11/06/2005
Financial Information:
Review Approval
Michael Ouillen
10-21-2005
14:59:27
Garrv Brumback
11-03-2005
09: 19:28
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City Council
Cover Memorandum
Brvan Ruff
Bill Horne
Cyndie Goudeau
10-27-2005 10: 13:41
11-03-2005 16:38:37
11-03-2005 16:50:53
EJ..J(-<1 - c2{
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City Council
Cover Memorandum
8'.)
Tracking Number: 1,718
Actual Date: 11/16/2005
Subiect / Recommendation:
Continue to December 1, 2005 the applicant's request to vacate the utility easement retained
over the vacated portion of North-East Cleveland Street lying between Lots 15 through 22 of Block
"B", of Bassedena Subdivision, (a.k.a. 1100 Cleveland Street), and Lots 1 through 14 of Block "A"
of said Bassedena Subdivision, (VAC2005-17 Clearwater Centre, LLC),
Originating: Engineering
Section: Administrative public hearings
Cateaory: Other
Public Hearing: Yes
Advertised Dates: 10/30/2005
11/06/2005
Financial Information:
Review Aooroval
Glen Bahnick
11-07-2005
09:42:32
Michael Ouillen
11-07-2005
14:54:59
Sue Diana
11-08-2005
08:26: 12
City Council
Cover Memorandum
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Tracking Number: 1,734
Actual Date: 11/16/2005
Subject / Recommendation:
Approve revisions to the Community Development Code and pass Ordinance 7449-05 on first
reading.
Summary:
SUMMARY: The Planning Department is recommending a total of 53 amendments to the
Community Development Code. Approximately nine amendments present a change in current
policy or a new policy issue and are outlined here:
Parking Requirements
Comprehensive Infill Redevelopment
Seasonal sales
Affordable Housing ParkingRequirements
Design Standards for Parking Lotsand Parking Garages
Advertising
Transferable development rights(TDRs)
Definition of'Height"
Fee schedule.
Other amendments are editorial in nature, provide additional flexibility criteria, or refinements to
existing Community Development Code sections
Attached please find the staff report for further analysis and Ordinance No. 7449-05.
The Community Development Board (CDB) will review the proposed amendment at its regularly
scheduled meeting on November 15, 2005. The Planning Department will report the
recommendations of the CDB at the City Council meeting.
Originating: Planning
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 11/15/2005
11/16/2005
12/01/2005
Financial Information:
Review Approval
Gina Clavton
11-04-2005
17:01:24
Cvndie Goudeau
11-10-2005
12:38: 19
Michael Delk
11-04- 2005
17: 14:56
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Garrv Brumback
Leslie Douqall-Sides
Bill Horne
City Council
Cover Memorandum
11-10-2005 09: 18:22
11-09-2005 16:24: 12
11-10-2005 11:08:32
ORDINANCE NO. 7449-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR
SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE
MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS
SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM
REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE
2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING
LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A,
ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING
HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-504.F, RESIDENTIAL INFILL
PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY
EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL
STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT,
OFFICES, AND RETAIL SALES AND SERVICES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704,
BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A
PERMITTED USE, AND AMENDING DIMENSIONAL
REQUIREMENTS FOR OFFICES AND RETAIL SALES AND
SERVICES; AND AMENDING ARTICLE 2, ZON~N.. . TRICTS,
SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204 - ND 2-
1404, BY REQUIRING COMPREHEN IVE INFILL
REDEVELOPMENT PROJECTS TO BE USES ALLOWED IN THE
DISTRICT; AND AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE
AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302,
MINIMUM STANDARD DEVELOPMENT, BY ADDING
ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD
DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD
DEVELOPMENT, BY REVISING OUTDOOR STORAGE
DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-1303.F, BY REVISING
FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN,
BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT
PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3,
1
Ordinance No. 7449-05
2- J3CJ../
DEVELOPMENT STANDARDS, SECTION 3-902,
COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING
A PROVISION REQUIRING A RECORDED DOCUMENT TO
EVIDENCE THE USE OF DENSITYIINTENSITY AVERAGING,
ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND
SUBMERGED LAND; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, NEW SECTION 3-919,
AFFORDABLE HOUSING PARKING REQUIREMENTS, BY
REDUCING THE REQUIRED PARKING PER UNIT; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS
STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS
FOR PARKING LOTS AND PROVIDING STANDARDS FOR
PARKING GARAGES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1502.C.3,
PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING
MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED
WINDOW FEATURES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES,
CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES
THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY
REVISING AND CLARIFYING PROVISIONS RELATED TO
ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS,
SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER
PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506,
EXCEPTIONS, BY CORRECTING A CODE SECTION
REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING
ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2103.B, BY ADDING
A PROVISION RESTRICTING THE LOCATION OF SEASONAL
SALES TO PERMANENT BUSINESSES SELLING THE SAME
PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY
CLARIFYING TREE SURVEY AND TREE INVENTORY
REQUIREMENTS, AND CLARIFYING THE COMPLETENESS
DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE
SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206.E, AMENDING THE NOTICE
REQUIREMENT FOR CONTINUANCES; AND AMENDING
2
Ordinance No. 7449-05
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-303, BY CHANGING THE
TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE
OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-604.B.2, ANNEXATION, TO REFERENCE ANY NEW
CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY
PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE
PRESERVATION PLAN REQUIREMENTS; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20%
LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE
CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT
ACCOMMODATIONS ON CLEARWATER BEACH; AND
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, BY REVISING THE
DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND
AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303,
304,402,403,502,503,504,802, AND 803 TO INCREASE THE
MINIMUM PARKING REQUIREMENT FOR ATTACHED
DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND
AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO
AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE
CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT
FEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community
Development Code on January 21, 1999 which was effective on March 8, 1999,
and
WHEREAS, since the effective date of the new Community Development
Code, the City of Clearwater has reviewed numerous development proposals in
all of the new zoning districts in all parts of the City that utilize the Minimum
Standard, Flexible Standard and Flexible levels of review, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
3
Ordinance No. 7449-05
CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Low Density Residential District
("LOR"), Section 2-102, Minimum standard development, is amended as follows:
***********
The following uses are Level One permitted uses in the LOR District subject to
the minimum standards set out in this Section and other applicable provisions of
Article 3.
Table 2-102. "LOR" District Minimum DeveloDment
Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(SQ. ft.) (ft. ) (ft,) ParkinQ
Front Side Rear
Community 10,000 100 25 104-a 202a 30 2/unit
Residential
Homes (6 or
fewer
residents)
Detached 20,000 100 25 104-a 202a 30 2/unit
Dwellinas
***********
Section 2. Article 2, Zoning Districts, Low Density Residential District
("LOR"), Section 2-102, Minimum standard development, is amended by
amending the illustrative graphic for the Low Density Residential District is
amended by revising the side yard setback for detached dwellings and accessory
structures from 15 feet to 10 feet.
Section 3. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-201.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/lmpervious
Surface Ratio
Residential Low 5 dwellina units Der acre FAR .40 .,3Q/ISR .65.,eo
Residential Urban 7.5 dwelling units per FAR .40/ISR.65
acre
***********
Section 4. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended as follows:
4
Ordinance NO.7 449-05
***********
The following uses are Level One permitted uses in the LMDR District subject to
the minimum standards set out in this section and other applicable provisions of
Article 3.
Table 2-202. "LMDR" District Minimum Standard Develooment
Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(SQ. ft.) (ft,) (ft,) Parking
Front Side Rear( 1 )
Community 5,000 50 25 5 1Q.4a 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 1Q.4a 30 2/unit
Dwellinas
***********
Section 5. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended by amending the illustrative diagram for the Low Medium
Density Residential District by revising the rear yard setback for detached
dwellings (single family) and accessory structures from 15 feet to 10 feet.
Section 6. Article 2, Zoning Districts, Medium Density Residential
District ("MDR"), Section 2-301.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/lmpervious
Surface Ratio
Residential Urban 7.5 dwelling units per FAR .40/ISR .65
acre
Residential Low Medium 10 dwelling units per FAR .50/ISR .75
acre
Residential Medium 15 dwelling units per FAR .50/ISR .75
acre
Residential/ Office 15 dwellina units oer FAR .50/ISR .75
General acre
***********
Section 7. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is
amended as follows:
***********
2. Height:
5
Ordinance No. 7449-05
a. The increased height results in an improved site plan, landscaping areas in
excess of the minimum required and/or improved design and appearance;
b. The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning Atlas.
c. The height may exceed 80 feet if the parcel proposed for development fronts
on Clearwater Bay, Old Tampa Bay, or is only separated from Clearwater Bay or
Old Tampa Bay by a public open space.
***********
Section 8. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is
amended as follows:
***********
Flexibility in regard to lot width, required setbacks, height and off-street parking
are justified by the benefits to community character and the immediate vicinity of
the parcel proposed for development and the City of Clearwater as a whole.
Building height, may only exceed 80 feet, however, if the parcel proposed for
development fronts on Clearwater Bay. Old Tampa Bay, or is only separated
from Clearwater Bay or Old Tampa Bay by a public open space.
Section 9. Article 2, Zoning Districts, Commercial District ('C"), Section
2-703, Flexible standard development, is amended as follows:
Section 2-703. Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-703. "e" District Flexible Standard Develooment Standard
Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft.) (ft. )* Parking
Soaces
Accessory n/a nla nla nla nla nla 1 space per
Dwellings unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic 10,000 100 25 25 10 20 5 per 1,000
Beverage GFA
Sales
Automobile 10,000 100 25 25 10 20 5/1,000 SF
Service GFA
Stations
Educational 40,000 200 25 25 10 20 1 per 2
Facilities students
6
Ordinance No. 7449-05
Governmental 10,000 100 25--50 25 10 20 4 spaces per
Uses(1 ) 1,000 GFA
Indoor .w,goo 400 25 25 10 20 3--5/1000 SF
Recreation/En 5.000--10.000 50--100 GFA or 3--
-tertainment 5/lane, 1--
2/court or
1/machine
Medical 10,000 100 25 25 10 20 2--3/1 ,000
Clinics GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices .w,goo 400 25--50 25 0--10 10--20 3--4 spaces
5000 10000 50--100 per 1,000 GFA
Off-Street 10,000 100 n/a 25 10 20 n/a
Parkino
Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000
Sales, Display of land area
and/or
Storaoe
Overnight 20,000-- 150--200 25--50 25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Places of 20,000-- 100--200 25--50 25 10 20 .5-1 per 2
Worshio(2) 40,000 seats
Public n/a n/a 10 n/a n/a n/a n/a
Transportation
Facilities(3)
Restaurants 5,000--10,000 50--1 00 25--35 25 0--10 10--20 7--15 spaces
per 1,000 GFA
Retail Sales d,500 10,000 d5 100 25-35 25 0--10 10--20 4--5 spaces
and Services 5000-10000 50--100 per 1,000 GFA
Social and 3,500--10,000 35--100 25--35 25 0--10 10--20 4--5 spaces
Community per 1,000 GFA
Centers
Utility/lnfrastru n/a n/a 20 25 10 20 n/a
cture
Facilities(4)
Vehicle 20,000-- 150--200 25 25 10 20 2.5 spaces per
Sales/Displays 40,000 1,000 of lot
sales area
Veterinary 10,000 100 25 25 10 20 4 spaces per
Offices or 1,000 GFA
Animal
Grooming and
Boardino
***********
Section 10. Article 2, Zoning Districts, Section 2-704, Commercial
District ('C"), Flexible development, is amended as follows:
Section 2-704. Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
7
Ordinance No. 7449-05
Table 2-704. "C" District Flexible Develooment Standards
Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(sa. ft,) (ft. ) (ft.) Parkino
Alcoholic 5,000--10,000 50--100 25 15--25 0--10 10--20 5 per 1,000
Beverage GFA
Sales
Comprehensiv n/a n/a n/a n/a n/a n/a Determined by
e Infill the community
Redevelopme development
nt ProjectfB coordinator
based on the
specific use
and/or ITE
Manual
standards
Indoor 3.500--10.000 30--100 25--50 15--25 0--10 10--20 3--5/1000 SF
Recreation/En GFA or 3--
-tertainment 5/lane. 1--
2/court or
1/machine
Light 5,000--10,000 50--1 00 25 15--25 0--10 1 0--20 4--5 spaces
Assembly per 1,000 GFA
Limited 5,000--10,000 50--100 25 15--25 0--10 1 0--20 4--5 spaces
Vehicle per 1,000 GFA
Service
Marina 5,000--20,000 50 25 25 10 20 1 space per 2
Facilities slips
Mixed Use 5,000--10,000 50--100 25--50 15--25 0--10 10--20 4--5 spaces
per 1,000 GFA
Nightclubs 5,000--10,000 50--100 25 15--25 0--10 10--20 10 per 1,000
GFA
Offices 5,000 10,000 50 100 25--50 15--25 0--10 1 0--20 3--4 spaces
3 500--10 000 30--1 00 per 1,000 GFA
Off-Street 10,000 100 n/a 15--25 0--10 10--20 n/a
Parkino
Outdoor 20,000 100 25 15--25 10 10--20 1--10 per
Recreation/En 1 ,000 SO FT
tertainment of land area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight 20,000-- 100--200 25--50 15--25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Problematic 5,000 50 25 15--25 10 10--20 5 spaces per
Uses 1,000 SF GFA
Restaurants 3,500--10,000 35--100 25--50 15--25 0--10 10--20 7--15 spaces
per 1,000 GFA
Retail Sales 5,000 10,000 50 100 25--50 15--25 0--10 10--20 4--5 spaces
and Services 3500--10000 30--100 per 1,000 GFA
RV Parks 40,000 200 25 15--25 20 10--20 1 space per
RV space
Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units
plus 2 for
manager's
office
8
Ordinance NO.7 449-05
Social/Public 5,000--10,000 50--100 25--50 15--25 0--10 10--20 3--4 spaces
Service per 1,000 GFA
Agenciesm(1 )
Telecommunic 10,000 100 Refer to 25 10 20 n/a
ation Towers section 3-2001
Vehicle 10,000-- 100--200 25 15--25 10 10--20 2.5 spaces per
Sales/Displays 40,000 1,000 sa FT
of lot area
Veterinary 5,000--10,000 50--100 25 15--25 0--10 10--20 4 spaces per
Offices or 1,000 GFA
Grooming and
BoardinQ
fB Any use 3pprovod for a Comprehensivo Infill Rodovelopmont
Projoct shall bo permitted by the underlying Future L3nd Use Plan
M3p design3tion.
ill ~ Social/public service agencies shall not exceed five acres.
***********
Section 11. Article 2, Zoning Districts, Section 2-704.C.3 Commercial
District ("C"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Cloarwater this zoning district;
Section 12. Article 2, Zoning Districts, Tourist District ("T"), Section 2-
803, Flexible development, is amended as follows:
Section 2-803 Flexible development.
***********
Table 2-803. "T" Flexible Development Standards
***********
Table 2-803. "T" Flexible Development Standards
Use Min. Lot Area Min. Lot Max. Height Min. Front Min. Side (ft.) Min. Rear Density Min. Off-
(SQ. ft.) Width (ft.) (ft.) (ft.) (ft.) Street Parking
Alcoholic 5,000 50 35--100 0--15 0--10 10--20 n/a 5 per 1,000
Beverage GFA
Sales
Attached 5,000-- 50--100 35--100 0--15 0--10 10--20 30 units/acre 1.5 per unit
Dwellings 10,000
9
Ordinance No. 7449-05
Comprehensi nla nla nla nla n/a nla 30 units/acre; Determined
veInfill 40 rooms/acre by the
Redevelopme community
nt ProjectfB development
coordinator
based on the
specific use
and/or ITE
Manual
standards
Limited 5,000 50 35--100 0--15 0--10 10--20 nla 4--5 spaces
Vehicle Sales per 1,000
and Display GFA
Marina 5,000 50 25 10--15 0--10 10--20 nla I space per 2
Facilities slips
Nightclubs 5,000 50 35--100 0--15 0--10 10--20 nla 10 per 1,000
GFA
Offices 10,000 100 35--100 0--15 0--10 10--20 nla 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 5--15 0--10 10--20 nla 2.5 spaces per
RecreationlEn 1,000 SQ FT
tertainment oflot area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight 10,000-- 100--150 35--100 0--15 0--10 0--20 40 rooms/acre I per unit
Accommodati 20,000
ons
Restaurants 5,000-- 50--100 25--100 0--15 0--10 10--20 nla 7--15 spaces
10,000 per 1,000
GFA
Retail sales 5,000-- 50--100 35--100 0--15 0--10 10--20 nla 4--5 spaces
and services 10,000 per 1,000
GFA
fB Any use approved for 3 Comprehensive Infill Redevelopment Project shall
be permitted by the underlying Future Land Use Pl3n M3p
designation.
Section 13. Article 2, Zoning Districts, Section 2-803.C.3 Tourist District
("T"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater this zoning district;
10
Ordinance No. 7449-05
Section 14. Article 2, Zoning Districts, Downtown District ("D"), Section
2-903, Flexible development, is amended as follows:
Section 2-903. Flexible development
***********
Table 2-903. "0" Flexible Development Standards
***********
tB l'ony use approved for a Comprehensive Infill Redevelopment
Project shall be permitted by the underlying Futuro Lond Use Plan
Map designation.
Section 15. Article 2, Zoning Districts, Section 2-903.C.3 Downtown
District ("D"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of ClealV.'ater this zoning district;
Section 16. Article 2, Zoning Districts, Section 2-1004, Office District
("0"),
Flexible Development, is amended as follows:
Section 2-1004. Flexible development.
Table 2-1004. "0" Flexible Development Standards
***********
Table 2-1004. "0" District Flexible Development Standards
Use Min. Lot Area Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft.) Parking
Front Side Rear
Accessory nla nla nla nla nla nla l/unit
Dwellings
Comprehensive nla nla nla nla nla nla Determined by
Infill the community
Redevelopment development
ProjectfB director based
on the specific
use and/or ITE
Manual
standards
Medical Clinic 20,000 100 30--50 15--35 10--20 10--20 5/1 ,000 GF A
Mixed Use 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA
Nursing Homes 20,000 100 30--50 15--35 10--20 10--20 1 per 2 residents
11
Ordinance No. 7449-05
Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1 ,000 GF A
Restaurant n/a n/a n/a n/a n/a n/a n/a
Retail Sales and n/a n/a n/a n/a n/a n/a n/a
Service
Telecommunica 10,000 100 Refer to Section 25 10 20 n/a
tion Towers 3-2001
TV Radio 20,000-- 40,000 100--200 35--80 15--35 10--20 10--20 3--5/1,000 GFA
Studios
f11 Any use approved for a Comprehensive Infill Redevelopment Project shall
be permitted by the underlying Future Land Use Plan Map
amendment.
***********
Section 17. Article 2, Zoning Districts, Section 2-1004.8.3 Office District
("0"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Cleal\vater this zoning district;
***********
Section 18. Article 2, Zoning Districts, Office District ("0"), Section 2-
1004.F, Offices, is amended as follows:
***********
1. Height:
a. The increased height results in an improved site plan, landscaping areas
in excess of the minimum required or improved design and appearance;
b. The increased height will not reduce the vertical component of the view
from any adjacent residential property;
2. Sign~ --;- No sign of any kind is designed or located so that any portion of the
sign is more than six feet above the finished grade of the front lot line of the
parcel proposed for development unless such signage is a part of an
approved comprehensive sign program.
3. Off-street parking: The physical characteristics of a proposed building are
such that the likely uses of the property will require fewer parking spaces per
floor area than otherwise required or that the use of significant portions of the
building will be used for storage or other non-parking demand-generating
purposes.
4. Front setback: The reduction in front setback results in an improved site plan
or improved design and appearance.
5. Side and rear setbacks:
a. The reduction in side and/or rear setback does not prevent access to the
rear of any buildinq for emerqency access;
12
Ordinance No. 7449-05
b. The reduction in side and/or rear setback results in an improved site plan.
more efficient parkinQ or improved desiQn and appearance and landscapinQ in
excess of the minimum required.
Section 19. Article 2, Zoning Districts, Institutional District ("I"), Section 2-
1204, Flexible development, is amended as follows:
Section 2-1204 Flexible development.
***********
Table 2-1204. "/" Flexible Development Standards
Table 2-1204. "I" District Flexible Develooment
Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(Sq. ft.) (ft.) (ft.) Parking
Front Side Rear
Comprehensive n/a n/a n/a n/a n/a n/a Determined by
Infill the community
Redevelopment development
Project fl1 director based
on the specific
use and/or ITE
Manual
standards
Marina and 5,000 50 15--25 10--15 0--20 30 I per 2 slips
Marina
Facilities
Social and 20,000 100 15--25 10 15--20 30 4--5 per 1000
Community GFA
Centers
SocialIPublic 10,000--20,000 100 15--25 10 15--20 30 2--3 per 1,000
Service GFA
Agencies
Telecommunica 10,000 100 25 10 20 Refer to Section n/a
tion Towers 3-2001
***********
fB Any use 3pproved for 3 Comprehensive Infill Redevelopment
Project sh311 be permitted by the underlying Futuro L3nd Use Pbn
M3p designation.
Section 20. Article 2, Zoning Districts, Section 2-1204.A.3 Institutional
District ("I"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearw3ter this zoning district;
13
Ordinance No. 7449-05
***********
Section 21. Article 2, Zoning Districts, Industrial, Research and
Technology District ("I RT") , Section 2-1302, Minimum standard development, is
amended as follows:
Section 2-1302. Minimum standard development.
The following uses are Level One permitted uses in the Industrial Research and
Technology "IRT" District subject to the minimum standards set out in this section
and other applicable provisions of Article 3.
Table 2-1302. "IRT" District Minimum Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(SQ. ft.) (ft,) Parkina
Front Side/ Rear
Accessory 5,000 50 20 15 50 1/unit
Dwellinas
Governmental 20,000 200 20 15 50 3/1,000 SF GFA
Uses(1 )
Manufacturing 20,000 200 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor Storaae n/a n/a 20 15 30 n/a
(accessorv use)
(2)
Parks and n/a n/a 25 10/20 50 1 per 20,000 SF
Recreation land area or as
Facilities determined by
the community
development
coordinator
based on the ITE
Manual
standards
Research and 20,000 200 20 15 50 2/1,000 SF GFA
Technoloav
Self Storage 20,000 200 20 15 50 1 per 20 units
plus 2 for
manaaer's office
TV/Radio 20,000 200 20 15 50 4/1000 SF GFA
Studios
Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF
GFA
Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF
bution/ GFA
Warehouse
Facility
(1 )
Government uses shall not exceed five acres. Any such use, alone
or when added to contiguous like uses which exceed five acres
shall require a land use plan map amendment to Institutional which
shall include such uses and all contiguous like uses.
(Ord. No. 6526-00, 9 1,6-15-00; Ord. No. 6680-01, 94,4-5-01)
14 Ordinance No. 7449-05
***********
(2) Outdoor storaoe within the required front yard setback shall be
prohibited. Such outdoor storaoe areas shall be limited to not more
than thirty (30) percent of the subiect lot or parcel and shall be
completely screened from view from all adiacent residential zoned
properties and/or public riohts-of-way by a solid wall/fence six (6)
feet in heiqht. Items stored within outdoor storaqe areas shall not
exceed six (6) feet in heiqht and/or shall not be otherwise visible
from adiacent residentially zoned property and/or public riohts-of-
way.
Section 22. Article 2, Zoning Districts, Industrial, Research and
Technology District ("IRT"), Section 2-1303, Flexible standard development, is
amended as follows:
Section 2-1303. Flexible standard development.
Table 2-1303. "I" Flexible Standard Development
The following uses are Level One permitted uses in the IRT District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(Sq. ft.) (ft.) Parkina
Front* Side/ Rear
Automobile 20,000 100 20 15 30 4/1000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GFA
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor 40,000 200 20 15 30 1--10/1,000 SF
Recreation/Enter land Area or as
tainment determined by
the community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage Accessory Ala 20 15 30 J\oGessory
10000 100 3/1000 SF GFA
ParkinQ lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1--2 per 1,000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
Facilities(1 )
15
Ordinance No. 7449-05
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technology
Residential 5.000 50 20 15 30 3/1,000 SF GFA
Shelters(2)
Retail Sales and n/a n/a n/a n/a n/a n/a
Services
Restaurants n/a n/a n/a n/a n/a n/a
Self Storage 10,000 100 20 15 50 1 per 20--25
units plus 2 for
manager's office
TV/Radio 10,000 100 20 15 50 4/1000 SF GFA
Studios
Utility/lnfrastruct n/a n/a 20 15 n/a n/a
ure Facilities(3)
Vehicle 40,000 200 20 15 30 1.5/1,000 SF Lot
Sales/Displays Sales Area
and Major
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GFA
Offices or Animal
Grooming
Wholesale/Distri 10,000 100 20 15 50 1.5/1,000 SF
butionlWarehous GFA
e Facility
Section 23. Article 2, Zoning Districts, Section 2-1303.F, Flexible
Standard development, is amended as follows:
F. Outdoor storage.
1. Tho use is accessory to a principal permitted use and complies with
all the setbacks applicable to the principal use;
2. The use is screened from view from the public right of way and
adjacent residentially zoned property.
1. Outdoor storaqe within the required front yard setback shall be
prohibited.
2. All outdoor storaqe areas shall be completelv screened from view
from all adiacent residential zoned properties and/or public riqhts-
of-way bva solid wall/fence six (6) feet in heiqht.
3. Items stored within outdoor storaqe areas shall not exceed six (6)
feet in heiQht and/or shall not be otherwise visible from adiacent
residentiallv zoned property and/or public riqhts-of-wav.
***********
16
Ordinance No. 7449-05
Section 24. Article 2, Zoning Districts, Section 2-1304 Industrial
Research and Technology District (UIRT"), Flexible development, is amended as
follows:
Section 2-1304. Flexible development.
Table 2-1304. "I" Flexible Development
***********
Table 2-1304. "IRT" District Flexible Development
Uses Min. Lot Area (sq. Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
ft.) (ft.) Parking
Front* SidelRear
Adult Uses(1) 10,000 100 20 IS 30 5/1,000 SF GF A
Comprehensive nla nla nla nla nla Determined by the
Infill community
Redevelopment development
Projectf2j director based on
the specific use
and/or ITE Manual
standards
Nightc1ubs(2~ 10,000 100 20 IS 30 15/1 ,000 SF OF A
Offices 10,000 100 20 IS 30 3/1 ,000 SF GF A
Overnight 40,000 200 20 15 50 I/UNIT
Accommodations(
3 )(4j
Salvage Yards 40,000 200 20 IS 30 1/200 SF of office
space
Self Storage 20,000 100 20 15 30 I per 20--25 units
plus 2 for
manager's office
Social/Public 10,000 100 20 IS 30 3/1 ,000 SF GF A
Service
Agencies(4~
Telecommunicatio 10,000 50 25a 10/20 Refer to Section 3- nla
n Towers 2001
*The front setback may be reduced to 15 feet for parking lots
provided the land area is not sufficient to accommodate the full
setback requirement and the reduction results in an improved site
plan or improved design and appearance and landscaping is in
excess of the minimum required.
(1) Adult uses shall not exceed five acres in area in the Industrial
Limited land use plan map category or exceed 25 percent of a
project in the Industrial General land use plan map category.
(2) Any use proposed for a Comprehensive InfHI Redevelopmont
Project shall be permitted by the underlying Future Land Use Plan
Map designation.
17
Ordinance No. 7449-05
(2~ Nightclubs shall not exceed five acres in area in the Industrial
Limited land use plan map category or exceed 25 percent of a
project in the Industrial General land use plan map category.
(3)(41 Overnight accommodations shall not exceed five acres in the
Industrial Limited land use plan map category or exceed 25 percent
of a project area in the Industrial General land use plan map
category.
(4)~ Social/public service agencies shall not exceed five acres.
***********
Section 25. Article 2, Zoning Districts, Section 2-1304.C.3 Industrial
Research and Technology District (UIRT"), Flexible development, is amended as
follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of CI031\vater this zoning district;
***********
Section 26. Article 2, Zoning Districts, Open Space/Recreation District
(UOSR"), Section 2-1404 Flexible development, is amended as follows:
18
Ordinance No. 7449-05
Section 2-1404 Flexible development.
***********
Table 2-1404. "OSR" District Flexible Development Standards
***********
Table 2-1404. "OSR" District Flexible St:mdard Development Standards
Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(sa. ft.) (ft. ) (ft,) Parkina
Front Side Rear
Comprehensiv n/a n/a n/a n/a n/a n/a Determined by
e Infill the community
Redevelopme development
nt ProjectfB coordinator
based on the
specific use
and/or ITE
Manual
standards
f-11 Any use approved for:1 Comprehonsive Infill Rodevelopmont
Project shall bo permitted by the undorlying Future Land Uso Plan
M:1p designation.
Section 27. Article 2, Zoning Districts, Section 2-1404.A.3 Open
Space/Recreation District ("OSR"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Clearwator this zoning district;
***********
Section 28. Article 3, Development Standards, Section 3-502.,
Downtown, is amended as follows:
***********
A. The aDesiqn 9Guidelines for development in the Clearwater
Downtown District Redevelopment Plan. as adopted on February 4.2004 and as
subsequently amended, are hereby incorporated by reference. The Desion
Guidelines apply to all properties within the Clearwater Downtown
Redevelopment Plan Area reqardless of Zoninq District.
***********
19
Ordinance NO.7 449-05
Section 29. Article 3, Development Standards, Section 3-902,
Comprehensive plan densities/intensities, is amended as follows:
***********
D. Any proiect utilizinQ density/intensity averaQinQ shall require written
evidence of the averaQinQ in a document to be recorded in the public records
with the Clerk of the Circuit Court for Pinellas County and a record COpy of same
shall be filed with the City and with Pinellas PlanninQ Council (PPC).
G. E. When calculating the lot area and/or density/intensity of a property,
the total of either number shall not be rounded up to the next whole number.
(Ord. No. 6526-00, S 1, 6-15-00; Ord. No. 6928-02, S 47, 5-2-02)
F. Mixed Use. A mixed use determination will allow for nonresidential
and residential land use to occur on the same lot. An application for a mixed use
development shall state the nonresidential Gross Floor Area (GFA) and the
number of proposed residential dwellinQ units. The application shall also provide
the land area needed to support each land use based on the Future Land Use
Plan classification. The combined land area needed to support the residential
and nonresidential land use components shall not exceed the total existinQ land
area.
G. SubmerQed Lands. The area of submerQed lands cannot be used
in calculatinQ allowable density.
Section 30. Article 3, Development Standards, is amended as follows:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
Section 3-919. Affordable housina Darkina reauirements.
The minimum off-street parkinQ requirement for affordable housinQ units. as
defined by the City of Clearwater Economic Development & HousinQ
Department. mav be reduced to one (1) parkinQ space per unit in any zoninQ
district where residential uses are permitted.
Section 31. Article 3, Development Standards, Section 3-11 02.A.1 0,
Standards, is amended as follows:
10. No home occupation shall involve the provision of day care services to
more than fffiIf five children at anyone time or as otherwise permitted by Florida
Statutes.
20
Ordinance No. 7449-05
Section 32. Article 3, Development Standards, Section 3-1402. Design
standards for parking lots and parkinq QaraQes:
***********
A.
***********
Remove existina araphic and replace with the followina araphic.
Off-street parkinQ spaces
A B C 0 E F
0 8.0 8.0 12.0 23.0 28.0
45 9.0 19.5 13.0 12.7 52.0
50 9.0 20.0 14.0 11.7 54.0
60 9.0 20.5 18.0 lOA 59.0
70 9.0 20.0 19.0 9.6 59.0
80 9.0 19.5 24.0 9.1 63.0
90 9.0 18.0 24.0 9.0 60.0
A PARKING ANGLE (DEGREES)
B STALL WIDTH (FEET)
C STALL TO CURB (FEET)
D AISLE WIDTH (FEET)
E CURB LENGTH (FEET)
F MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET)
***********
1. Structural supports located in parkinq Qaraqes shall not encroach into the
required area of a parkinq space. Structural supports shall be located in a
manner to provide maximum vehicular maneuverabilitv and shall not obstruct
passenqer inQress and eqress.
21
Ordinance No. 7449-05
Section 33. Article 3, Development Standards, Section 3-1502.C.3,
Property maintenance standards, is amended as follows:
3. Ground level v.'Windows f-acing 3 public right of 'lJ3Y shall be maintained in an
unbroken, and clean state. No windows facing tho public right of v:ay shall be
permanently removed and enclosed, covered or boarded up unless treated as an
integral part of the building facade using wall materials and window detailing
comparable with any upper floors and the building facade in general. All
damaged or broken windows shall be promptly restored, repaired or replaced. All
awnings. screens or canopies facing or visible from the public right-of-way or any
other parcel shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings. screens or canopies shall be promptly replaced,
repaired or removed.
Section 34. Article 3, Development Standards, Section 3-1503.8.5,
Nuisances, is amended as follows:
5. Accumulation and placement of nuisances.
a. Any accumulation of weeds, debris, trash, garden trash, junk, untended
growth of vegetation, or undergrowth of dead or living vegetation or
hazardous swimming pools, or hazardous trees upon any private property,
or on any public property without authorization to the extent and manner
that such property contains or is likely to contain rodents, reptiles or other
vermin, or furnishes a breeding place for flies, mosquitoes, or wood-
destroying insects, or otherwise threatens the public health, safety or
welfare.
b. The placement of trash. debris or other items on public property without
authorization.
Section 35. Article 3, Development Standards, Section 3-1503.8.6,
Nuisances, is amended as follows:
6. Except as provided in section 3-1506, the outdoor storage of all or part of any
dismantled, partially dismantled, inoperative or discarded vehicle, recreational
vehicle, machinery, appliance, farm equipment, aircraft, construction
equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or
scrap metal, on any public or private property. or of any abandoned vehicle.
recreational vehicle. farm equipment. aircraft. boat, personal watercraft.
trailer. truck. or motorcycle on any private property, within the city limits. This
provision shall not apply to any vehicle, recreational vehicle, machinery, farm
equipment, aircraft, construction equipment, boat, personal watercraft, trailer,
truck, motorcycle, or bicycle which is located on the premises of a lawfully
established storage yard or which is on the premises of a lawfully established
vehicle service establishment and is in the process of repair or maintenance
by that establishment.
22
Ordinance No. 7449-05
iUU-
I
Section 36. Article 3, Development Standards, Section 3-1503.B.8,
Nuisances, is amended as follows:
8. The lack of maintenance by a property owner of property abutting any
dedicated right-of-way in the City in a condition such that weeds or trash are
found in and on the right-of-way or such that the weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path,
curbline or edge of pavement of an improved right-of-way or private
accesswav or roadway by more than four inches.
Section 37. Article 3, Development Standards, Section 3-1506,
Exceptions, is amended as follows:
The provisions of section 3-150a~, relating to weeds, undergrowth or similar
plant material shall not apply to the following:
***********
Section 38. Article 3, Development Standards, Section 3-1508.0.6,
Noise, is amended as follows:
6. Religious worship activities occurring on or in the premises owned or leased
by places of worship that are lawfullv located in the Commercial. Downtown,
Office, or Institutional Districts, including but not limited to bells and organs;
Section 39. Article 3, Development Standards, Section 3-2103.B,
Standards, is amended as follows:
B. The following additional requirements shall apply for specified temporary
uses:
***********
4. Seasonal sales. A 500 foot separation shall be required between a
seasonal business and any permanent business if the seasonal business
is sellinq the same type of product as the permanent business. The 500
feet shall be measured from property line to property line.
Section 40. Article 4, Development Review and Other Procedures,
Section 4-202.A.9.f, Applications for development approval, is amended as
follows:
f. A tree survey showing the location, DBH (diameter at breast heiqht), and
species of all existing trees loc3ted on the parcel proposed for
development with a DBH of four inches or more and identifvinq those trees
proposed to be removed.
23
Ordinance No. 7449-05
Section 41. Article 4, Development Review and Other Procedures,
Section 4-202.A.11, Applications for development approval, is amended as
follows:
***********
z. Tree inventory, prepared bva certified arborist. of all trees four inches
DBH or more reflectinq the size. canopy. and condition of such trees.
Section 42. Article 4, Development Review and Other Procedures,
Section 4-202.A.12, Applications for development approval, is amended as
follows:
***********
f. Troe inventory, preparod by a certified arborist, of all trees eight inches
DBH or more reflecting the size, canopy, and condition of such troes.
Section 43. Article 4, Development Review and Other Procedures,
Section 4-202.C.1 Applications for development approval, is amended as follows:
1. Determination of completeness. Within seven working days after receipt
of an application for development approval the published application
deadline, the community development coordinator shall determine
whether an application is complete.
Section 44. Article 4, Development Review and Other Procedures,
Section 4-206.C.3, Notices and public hearings, is amended as follows:
3. Unless otherwise required by Florida Statutes, all required notices shall be
provided at least 15 but not moro than -15 days in advance of the public
hearing. Where an advertisinQ requirement is set forth in Florida Statutes.
notices shall be provided in accordance with that requirement. Where no
advertisinQ requirement is set forth in Florida Statutes, all roquired notices
shall be provided at least 45 10 but not more than 45 days in advance of
the public hearing.
Section 45. Article 4, Development Review and Other Procedures,
Section 4-206.E, Notices and public hearings, is amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and
place"; ; in this case, the date, time and place of the rescheduled hearing must be
announced prior to or at the conclusion of the advertised hearing. Tho city clork
shall cause notice to be given to all persons originally entitled to notice, of the
dato, time and place of such continued hearing no less than seven days prior to
such hoaring and in the mannor as specified in sections -1 206(C)(2)(b), (c) and
tGj Additional notice shall not be required for hearinqs which have action
24
Ordinance No. 7449-05
deferred in this manner for a period of 45 days or less. Renotification for any
subsequently scheduled public hearinQ dates shall be required for hearinQs
which have action deferred for a period of more than 45 days. in accordance with
the requirements contained in Section 4-206C(2)(b), (c) and (d). A hearinQ may
also be continued to a date uncertain: in this case, renotification for any
subsequently scheduled public hearinQ dates shall be required in accordance
with the requirements contained in Section 4-206C.
Section 46. Article 4, Development Review and Other Procedures,
Section 4-303, Effect of Level One (flexible standard development) approval, is
amended as follows:
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within one (1) two (2) year~ of the date of issuance of the initial
building permit. Permitted time frames do not change with successive owners
and an extension of time may be granted by the Community Development
Coordinator for a period not to exceed one (1) year and only within the original
period of validity. The Community Development Coordinator may approve an
additional extension of time not to exceed one year for good cause shown and
documented in writing. The coordinator must receive the request for this
extension within the one-year period of validity after the original time extension.
Good causes may include, but are not limited to, an unexpected national crisis
(acts of war, significant downturn in the national economy, etc.), excessive
weather-related delays, and the like. The Community Development Coordinator
may also consider whether significant progress on the project is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the project. In the event a project is governed by a
development agreement, the timeframes established in the agreement shall
supercede these requirements.
*********
25
Ordinance No. 7449-05
Section 47. Article 4, Development Review and Other Procedures,
Section 4-604.8.2, Annexation, is amended as follows:
2. If development is to be initiated prior to the effective date of the
annexation and 'Nhere such development is f{)r a use other than a
detached dwelling, then requisite site plans, plats, and engineering
plans shall be submitted together with the petition or agreement to
annex.
Section 48. Article 4, Development Review and Other Procedures,
Section 4-1202.A Removal permit - Application, is amended as follows:
**********
A. Requirements for multi-family and commorcial and all non-residential
properties, and subdivisions.
1. A site plan showing the location of all protected trees and
palms by size, canopy and species, distinguishing the tree or
trees proposed to be removed, the scaled location of
proposed tree barricades, existing and proposed structures,
walks, driveways, and parking areas and other
improvements.
2. A tree inventory, prepared by a certified arborist, of all trees
four inches D8H and Qreater specifyinq the size, canopy.
and condition of such trees.
2. 3. A tree preservation plan A plan is prepared by a certified
arborist, consulting arborist, landscape architect, or other
specialist in the field of arboriculture-specifying how each
tree is to be protected and how site development impacts the
critical root zones (drip lines) and how to address these
impacts. Le. crown elevatinq, root pruninq and/or root
aeration systems. The tree preservation plan must show the
tree barricade limits (2/3 of the drip line in the root prune
lines if required), and the tree barricade detail and other
pertinent tree preservation information. the method to be
utilized to preserve all remaining trees including their root
systems, and the means of providing '/later and nutrients to
such root systems such as root pruning, applying fungicides,
tree barricades, etc.
26
Ordinance NO.7 449-05
J. 4. A topographical survey of the property, if the change in
elevation of the grade is greater than five feet or if the
property is one acre or more in area.
~ 5. Justification of tree removal.
Section 49. Article 4, Development Review and Other Procedures,
Section 4-1402.5 Allocated development rights are freely transferable, is
amended as follows:
5. For parcels located within an area designated Central Business
District (CBD) or Community Redevolopment District (CRD) on the
Countywide Future Land Use Plan map or parcels governed by
approved redevelopment or speci31 area plans, a site may only
receive density/intensity transf-orrod from within the CBD, CRD,
redevelopment plan area or special area plan district, and may not
exceed the othefVJise applicable maximum densitylintensity by 20
percent pmvided that the governing plan makes specific provisions
for the use of transfer of development rights.
5. For parcels located within an area desiqnated Central Business District
(CDB) or Community Redevelopment District (CRD) on the Countywide
Future Land Use Plan map or parcels qoverned by approved
redevelopment or special area plans. a site may only receive
density/intensity transferred from within the CDB, CRD. redevelopment
plan area or special area plan district from within the plan area or district in
which the site is located.
a. For parcels receivinq transferred density/intensity. the maximum
applicable density/intensity may be exceeded pursuant to
provisions set forth in such applicable special area plan or
redevelopment plan.
b. In the event such applicable special area plan or redevelopment
plan does not specifv the amount of densitv/intensitv that can be
received, the maximum permitted development potential shall not
be exceeded by more than 20 percent.
c. For parcels beinq developed with overniqht accommodation uses
on Clearwater Beach that are within the area Qoverned by Beach
by Desiqn. there shall be no limit on the amount of density that can
be received for the overniQht accommodation uses provided that
the proiect complies with all applicable code provisions and desjqn
quidelines.
27
Ordinance No. 7449-05
I
d. For mixed use proiects located on Clearwater Beach and aoverned
bv Beach bv Desion that include overniaht accommodation uses.
the 20 percent limitation specified in Section 4-1402.5.b above shall
applv to the components of the proiect that do not include overnioht
accommodation uses.
**********
Section 50. Article 8. Definitions and Rules of Construction, Section 8-
102, Definitions, is amended as follows:
Height, building or structure, means for buildings, the vertical
distance from the mean elevation of the existing grade to the
highest finished roof surface in the case of a building with a flat
roof, or the vertical distance from the existing grade to a point
representing the midpoint of the peak and eave heights of the main
roof structure of the roof of a building having a pitched roof. For
other structures, the vertical distance from existing grade to the
highest point of the structure above such existing grade. Where
minimum floor elevations in flood prone areas have been
established by law, the building height may be measured as though
the required minimum floor elevations constitute existing grade. In
addition, (1) linear radio and television antennas shall be permitted
to project ten feet higher than the maximum height otherwise
specified for the zoning district within which the antenna is located.
Parabolic and other geometrically shaped antenna shall not be
permitted this height increase. (2) Flagpoles located on top of
buildings shall be permitted to project ten feet higher than the
maximum height otherwise specified for the zoning district assigned
to the property. (3) Elevator equipment rooms and like mechanical
equipment enclosures shall be permitted to project up to 16 feet
higher than the maximum height otherwise specified for the zoning
district assigned to the property. (4) Parapet walls constructed on
buildings with flat roofs shall be permitted to extend not higher than
JQ 42 inches over the maximum height specified for the zoning
district in which the building is located. (5) Structures permanentlv
affixed to the roof that accommodate rooftop occupancy shall not
be permitted.
**********
28
Ordinance No. 7449-05
Medical clinic means an establishment where patients, who are not lodged
overnight, are admitted for examination and treatment by one person two or
group of more persons practicing any health services to individuals, whether
such persons be medical doctors, chiropractors, psychologists, social workers,
physical therapists, dentists or any such profession, the practice of which is
lawful in the state and in the city. This definition does not include a place for the
treatment of animals.
**********
Section 51. Article 2. Minimum Off-Street Parking for Attached
Dwellings, is revised by amending Table 2-104. "LDR" District Flexible
Development Standards, Table 2-203. "LMDR" District Flexible Standard
Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303.
"MDR" District Flexible Standard Development, Table 2-304. "MDR" District
Flexible Development, Table 4-402. "MHDR" Minimum Standard Development,
Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR"
Flexible Development, Table 2-502. "HDR" Minimum Standard Development,
Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible
Development Standards, Table 2-802. "T" District Flexible Standard
Development Standards, and Table 2-803. UT" Flexible Development Standards
by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2
per unit for Attached Dwellings.
**********
Section 52. Appendix A. Schedule of Fees, Rates and Charges, V.
Buildings and Building Regulations, (2) Fee schedule, is amended as follows:
**********
7. Zoning verification letter, per letter. . . . . 11.00
~ 7. Project research, per hour (not to exceed eight hours
without commission approval) . . . . .26.00
Section 53. Appendix A. Schedule of Fees, Rates and Charges, VIII.
Land Development, (1) Level One, is amended as follows:
**********
(h) Temporary use permit for seasonal sales. . . . .250.00
29
Ordinance No. 7449-05
Section 54. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 55. The City of Clearwater does hereby certify that the
amendments contained herein, as well as the provisions of this Ordinance, are
consistent with and in conformance with the City's Comprehensive Plan.
Section 56. 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 57. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 58. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
30
Ordinance No. 7449-05
CDB Meeting Date:
Case:
Ordinance No.:
Agenda Item:
November 15. 2005
T A2005-1 0002
7449-05
F8
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENTS
REQUEST:
INITIATED BY:
Amendments to the Community Development Code regarding
numerous provisions including revising dimensional requirements
for various land uses, limiting Comprehensive Infill
Redevelopment Projects to land uses allowed within a particular
zoning districts, specifying how to determine density/intensity for
mixed used development, increasing parking requirements for
attached dwellings, allowing parking reductions for affordable
housing projects, revising design standards for surface parking lots
and parking garages, restricting the location of seasonal sales,
revising legal notice requirements, clarifying provisions related to
nuisances, tree preservation, etc. and establishing a temporary use
permit fee.
City of Clearwater Planning Department
BACKGROUND INFORMATION:
Since the passage of the Community Development Code in 1999, the Planning
Department has reviewed the Code as it applies to certain proposed development and the
City process of development review applications. City of Clearwater staff has provided
input toward improving the Code based on how staff has experienced the Code's
application toward various circumstances. City staff developed a list of existing
Community Development Code provisions that should be amended in to better reflect
City development patterns, improve internal process, and improve consistency with the
Comprehensive Plan, Countywide Rules, and Florida Statutes.
As part of the code update process, staff presented the proposed ordinance to the
Clearwater Neighborhoods Coalition and the Chamber of Commerce Government
Affairs. Suggested amendments have been collected from City of Clearwater departments
including Planning, Development Services, and Engineering.
Amendments to the Community Development Code, Proposed Ordinance No. 7449-05 Staff Report
Page 1
ANALYSIS:
The Planning Department is recommending a total of 53 amendments to the Community
Development Code. Approximately nine amendments present a change in current policy
or a new policy issue. Other amendments are editorial in nature, provide additional
flexibility criteria, or refinements to existing Community Development Code sections.
Please find below a summary of the most noteworthy proposed amendments organized by
Article. A brief summary of other amendments is provided here. Also attached is
Ordinance No. 7449-05 which includes all of the specific amendments. Within the
ordinance document, text that is underlined indicates proposed language and text
containing strikethroughs indicate deletions.
Article 2 - Zonin!! Districts
· Parking Requirements (Pages 29 - 30 of Ordinance)
Ordinance No. 7449-05 increases the minimum parking space requirement for
attached dwellings from 1.5 spaces to 2 spaces per unit in the LDR, LMDR, MDR,
MHDR, HDR and T Zoning Districts. This amendment addresses concerns raised by
the Planning Department, the Council, and the public regarding the need for
additional parking for new development.
· Comprehensive Infill Redevelopment (Pages 7 - 13, 17 - 19 of Ordinance)
In an attempt to address concerns raised by the City Council regarding the use of the
Comprehensive Infill Redevelopment application to bypass the rezoning process, the
proposed ordinance limits Comprehensive Infill uses to only those uses allowed as a
Minimum Standard, Flexible Standard, and Flexible Development uses permitted by
the particular zoning district. At present, the Code permits any land use allowed by
the underlying Future Land Use Plan category to be processed as a Comprehensive
Infill Redevelopment Project.
Article 3 - Development Standards
· Seasonal sales (Page 23 of Ordinance)
In an attempt to preclude temporary seasonal businesses from negatively impacting
permanent businesses, the proposed amendment requires that seasonal business be
located at least 500 feet from any permanent business selling the same type of
product.
Page 2
Amendments to the Community Development Code, Proposed Ordinance No. 7449-05 Staff Report
I
· Affordable Housing Parking Requirements (Page 20 of Ordinance)
An amendment is proposed to provide flexibility with regard to parking requirements
for affordable housing. The amendment will enable the applicant to request a
reduction in the minimum parking requirements to one parking space per unit (this
ordinance proposed to increase the minimum number of spaces to 2). This
amendment recognizes the need to assist in the development of affordable housing by
providing flexibility that is not generally afforded to market rate housing.
Furthermore, it recognizes that many affordable housing developments are located
along public transportation lines and a higher proportion of residents within
affordable housing units rely on public transportation.
· Design Standards for Parking Lots and Parking Garages (Page 21 of Ordinance)
This amendment improves design specifications for surface parking lots and parking
garages. The amendment states that parking garage structural supports cannot
encroach upon the required area of parking, and their location needs to take into
account vehicular passenger ingress and egress.
The existing Community Development Code does not address or provide
requirements for parking garages. The amendment adds a provision to clarify the
placement of structural columns in relationship to the location of a parking space,
providing adequate space for maneuvering vehicles and for pedestrian safety and
movement.
Article 4 - Development Review and Other Procedures
· Advertising (Pages 24 - 25 of Ordinance)
The amendment states that where an advertising requirement is set forth in Florida
Statutes, notices shall be provided in accordance with that requirement. Where no
advertising requirement is set forth in Florida Statutes, all notices shall be provided at
least 10 but not more than 45 days in advance of the public hearing. This amendment
would reduce the number of days notice is to be provided for cases before the
Development Review Committee and the Community Development Board, from 15
days to 10 days.
.
Transferable development rights (TDRs) (Pages 27 - 28 of Ordinance)
The proposed ordinance eliminates the 20 percent limitation on TDRs for overnight
accommodations in the Clearwater Beach Community Redevelopment District and
for all property within the Central Business District (Downtown). This revision is
intended to provide an incentive for hotel development on the Beach, as well as bring
consistency between the Code and the Downtown Plan.
Page 3
Amendments to the Community Development Code, Proposed Ordinance No. 7449-05 Staff Report
Article 8 - Definitions and Rules of Construction
· Definition of "Height" (pages 28 - 29 of Ordinance)
Due to concerns about the appearance and use of rooftops, the proposed ordinance
revises the definition of height to include a provision that specifies that permanent
structures may not be constructed on the roof that would support rooftop occupancies.
This provision would prohibit the construction of rooftop pavilions, gazebos, lattice,
etc.
Appendix A. Schedule of Fees, Rates and Charges
· Fee schedule (Page 29 of Ordinance)
Proposed Ordinance 7449-05 creates a new fee for temporary seasonal sales. The fee
is being proposed because these business are allowed to compete with permanent
businesses but not responsible for paying property taxes, impact fees, etc.
Additionally, an amendment is proposed that eliminates the zoning verification letter
fee of $11 listed under Building Fees because the Land Development fees provides
for a $25 zoning verification fee (which has been implemented since at least 2000).
Other Amendments
Proposed Ordinance 7449-05 includes a significant number of amendments that the
Planning Department believes will assist residents and staff but do not have major policy
implications. These amendments include:
. Reducing single-family setback requirements side and rear setbacks;
. Increasing the maximum Floor Area Ratio and Impervious Surface Ratio in the
Low Density Residential District to reflect the Countywide Rules provisions;
. Allowing certain property locations within the High Density Residential District
to exceed 80 feet in height along Old Tampa Bay;
. Amending minimum lot area and width requirements for certain uses within the
Commercial District; revising outdoor storage provisions in the Industrial,
Research and Technology District;
. Adding guidelines for "mixed use calculations" and clarifying allowable density
to not include submerged lands;
. Providing home occupations standards language compliant to State Law;
. Clarifying certain property maintenance/nuisance standards;
. Clarifying tree survey requirements;
. Increasing the timeframe from one year to two years for Certificates of
Occupancy issuance for Level One, Flexible Standard Development projects; and
. Amending the definition of medical clinic;
Page 4
Amendments to the Community Development Code, Proposed Ordinance No. 7449-05 Staff Report
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below is a selected list of goals, policies, objectives from the Clearwater Comprehensive
Plan that are furthered by the proposed amendments to the Community Development
Code:
. Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and encourage
infill development.
. Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate, by providing
development incentives such as density bonuses for significant lot consolidation
and/or catalytic projects, as well as the use of transfer of developments rights
pursuant to approved special area plans and redevelopment plan.
. Policy 2.3.3 - The City of Clearwater shall continue to implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
. Policy 3.2.1 - Land Uses on the Comprehensive Land Use Plan Map shall generally
be interpreted as indicated in the following table. The intensity standards listed in the
table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum
allowed for each plan category, except where otherwise permitted by special area
plans or redevelopment plan approved by the City Commission. Consequently,
individual zoning district, as established in the City's Community Development
Code, may have more stringent intensity standards than those listed in the table but
will not exceed the maximum allowable intensity of the plan category, unless
otherwise permitted by approved special area plans or redevelopment.
. Goal 16 - An affordable variety of standard housing units in decent and safe
neighborhoods to meet the needs of current and future residents regardless of race,
nationality, age, marital status, handicap, or religion.
. Objective 16.1 Objective for Adequate Housing - Assure an adequate supply of
housing in Clearwater by providing for additional new dwelling units in a variety of
types, costs, and locations to meet the needs of the residents of the City of Clearwater.
. Policy 16.1.5 - City of Clearwater shall continue to provide information, incentives,
and technical assistance to the private sector in order to achieve housing production that
meets the needs of very low, low, moderate, and middle income households.
Page 5
Amendments to the Community Development Code, Proposed Ordinance No. 7449-05 Staff Report
. Policy 16.2.3 - Continue to review new construction techniques, materials, building
codes, and housing codes in order to determine where housing costs can be reduced
without sacrificing the quality of housing for very low and low income households.
. Policy 16.2.5 - The City shall continue to support the addition of rental housing as
needed to meet the needs of very-low, low, and moderate-income households.
. Policy 22.3.9 - The City encourages the consolidation of public surface parking
facilities into structure parking facilities open to the public on Clearwater Beach.
. Policy 25.1.1 - Require all new residential and non-residential development to provide
a specified amount of Florida native shade trees based on an established desired ratio of
pervious to impervious surface areas. Shade trees will serve to provide heat reduction,
noise abatement, buffering, replenishment of oxygen, and aesthetic beauty.
. Policy 25.2.7 - Transfer of development rights should be implemented to provide
alternatives to development and degradation of wetlands and other natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section I-
103 that lists the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
They also further the original redevelopment goals that established the Code. Existing
Community Development Code provisions are amended to better reflect City
development patterns, improve internal process, and improve consistency with the
Comprehensive Plan, Countywide Rules, and Florida Statutes.
The Planning Department Staff recommends APPROVAL of Ordinance No. 7449-05
which makes revisions to the Community Development Code.
Prepared by Planning Department: Michael H. Reynolds. AICP
ATTACHMENT:
Proposed Amendments to the Community Development Code
Ordinance No. 7449-05
Page 6
Amendments to the Community Development Code, Proposed Ordinance No. 7449-05 Staff Report
rAt' fib I 2-..1
Changes to Ordinance No. 7449-05 on First Reading
1. Added underlines to "this zoning district" in the Comprehensive Infill provisions
in Sections 11, 13, 15, 17,20,25 and 27 of the ordinance.
2. Changed reference from "I" to "IRT" in Sections 22 and 22 of ordinance.
3. Changes the separation required between a seasonal business and a permanent
business from 500 feet to 750 feet in Section 39 of the ordinance.
4. Changed proposed front, side and rear setbacks and height requirements for
accessory outdoor storage in the IRT district to "n/a." (Section 21 of ordinance).
5. Revised language in Section 48 of ordinance as follows: (2/3 ofthe drip line and
in the root prune lines, if any)
6. Revised language in Section 50 of the ordinance as follows: (5) Structures
permanently affixed to the roof that accommodate rooftop occupancy shall only
be permitted if within the maximum allowable height.
7. Correcting a scrivener's error in the title - correcting the reference of 2-1303 to
2-1304 with regard to amending Article 2, Zoning Districts by requiring
Comprehensive Redevelopment Infill Projects to be uses allowed in the district.
ORDINANCE NO. 7449-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR
SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE
MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS
SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM
REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE
2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING
LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A,
ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING
HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-504.F, RESIDENTIAL INFILL
PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY
EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL
STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT,
OFFICES, AND RETAIL SALES AND SERVICES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704,
BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A
PERMITTED USE, AND AMENDING DIMENSIONAL
REQUIREMENTS FOR OFFICES AND RETAIL SALES AND
SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2-
1404, BY REQUIRING COMPREHENSIVE INFILL
REDEVELOPMENT PROJECTS TO BE USES ALLOWED IN THE
DISTRICT; AND AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE
AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302,
MINIMUM STANDARD DEVELOPMENT, BY ADDING
ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD
DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD
DEVELOPMENT, BY REVISING OUTDOOR STORAGE
DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-1303.F, BY REVISING
FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN,
BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT
PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3,
1
Ordinance No. 7449-05
DEVELOPMENT STANDARDS, SECTION 3-902,
COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING
A PROVISION REQUIRING A RECORDED DOCUMENT TO
EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING,
ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND
SUBMERGED LAND; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, NEW SECTION 3-919,
AFFORDABLE HOUSING PARKING REQUIREMENTS, BY
REDUCING THE REQUIRED PARKING PER UNIT; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS
STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS
FOR PARKING LOTS AND PROVIDING STANDARDS FOR
PARKING GARAGES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1502.C.3,
PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING
MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED
WINDOW FEATURES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES,
CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES
THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY
REVISING AND CLARIFYING PROVISIONS RELATED TO
ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS,
SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER
PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506,
EXCEPTIONS, BY CORRECTING A CODE SECTION
REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1508.0.6, NOISE, BY CLARIFYING
ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2103.B, BY ADDING
A PROVISION RESTRICTING THE LOCATION OF SEASONAL
SALES TO PERMANENT BUSINESSES SELLING THE SAME
PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY
CLARIFYING TREE SURVEY AND TREE INVENTORY
REQUIREMENTS, AND CLARIFYING THE COMPLETENESS
DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE
SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206.E, AMENDING THE NOTICE
REQUIREMENT FOR CONTINUANCES; AND AMENDING
2
Ordinance No. 7449-05
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-303, BY CHANGING THE
TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE
OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-604.B.2, ANNEXATION, TO REFERENCE ANY NEW
CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY
PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE
PRESERVATION PLAN REQUIREMENTS; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20%
LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE
CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT
ACCOMMODATIONS ON CLEARWATER BEACH; AND
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, BY REVISING THE
DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND
AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303,
304,402,403,502,503,504,802, AND 803 TO INCREASE THE
MINIMUM PARKING REQUIREMENT FOR ATTACHED
DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND
AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO
AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE
CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT
FEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community
Development Code on January 21, 1999 which was effective on March 8, 1999,
and
WHEREAS, since the effective date of the new Community Development
Code, the City of Clearwater has reviewed numerous development proposals in
all of the new zoning districts in all parts of the City that utilize the Minimum
Standard, Flexible Standard and Flexible levels of review, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
3
Ordinance No. 7449-05
CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Low Density Residential District
("LOR"), Section 2-102, Minimum standard development, is amended as follows:
***********
The following uses are Level One permitted uses in the LOR District subject to
the minimum standards set out in this Section and other applicable provisions of
Article 3.
Table 2-102. "LOR" District Minimum Develooment
Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(Sq. ft.) (ft. ) (ft. ) Parking
Front Side Rear
Community 10,000 100 25 104-6 202a 30 2/unit
Residential
Homes (6 or
fewer
residents)
Detached 20,000 100 25 104-6 202a 30 2/unit
Dwellinqs
***********
Section 2. Article 2, Zoning Districts, Low Density Residential District
("LDR"), Section 2-102, Minimum standard development, is amended by
amending the illustrative graphic for the Low Density Residential District is
amended by revising the side yard setback for detached dwellings and accessory
structures from 15 feet to 1 0 feet.
Section 3. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-201.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/Impervious
Surface Ratio
Residential Low 5 dwelling units per acre FAR .40 ,w/lSR .65,00
Residential Urban 7.5 dwelling units per FAR .40/ISR.65
acre
***********
Section 4. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended as follows:
4
Ordinance NO.7 449-05
***********
The following uses are Level One permitted uses in the LMDR District subject to
the minimum standards set out in this section and other applicable provisions of
Article 3.
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(sa. ft.) (ft. ) (ft.) Parking
Front Side Rear(1 )
Community 5,000 50 25 5 .1Q.~ 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 .1Q.~ 30 2/unit
Dwellings
***********
Section 5. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended by amending the illustrative diagram for the Low Medium
Density Residential District by revising the rear yard setback for detached
dwellings (single family) and accessory structures from 15 feet to 10 feet.
Section 6. Article 2, Zoning Districts, Medium Density Residential
District ("MDR"), Section 2-301.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/lmpervious
Surface Ratio
Residential Urban 7.5 dwelling units per FAR .40/ISR .65
acre
Residential Low Medium 10 dwelling units per FAR .50/ISR .75
acre
Residential Medium 15 dwelling units per FAR .50/ISR .75
acre
Residential! Office 15 dwellina units per FAR .50/ISR .75
General acre
***********
Section 7. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is
amended as follows:
***********
5
Ordinance No. 7449-05
2. Height:
a. The increased height results in an improved site plan, landscaping areas in
excess of the minimum required and/or improved design and appearance;
b. The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning Atlas.
c. The height may exceed 80 feet if the parcel proposed for development fronts
on Clearwater Bay, Old Tampa Bay, or is only separated from Clearwater Bay or
Old Tampa Bay by a public open space.
***********
Section 8. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is
amended as follows:
***********
Flexibility in regard to lot width, required setbacks, height and off-street parking
are justified by the benefits to community character and the immediate vicinity of
the parcel proposed for development and the City of Clearwater as a whole.
Building height, may only exceed 80 feet, however, if the parcel proposed for
development fronts on Clearwater Bay, Old Tampa Bay. or is only separated
from Clearwater Bay or Old Tampa Bay by a public open space.
Section 9. Article 2, Zoning Districts, Commercial District ('C"), Section
2-703, Flexible standard development, is amended as follows:
Section 2-703. Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-703. "e" District Flexible Standard Development Standard
Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft.) (ft. )* Parking
Soaces
Accessory n/a n/a n/a n/a n/a n/a 1 space per
Dwellinas unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic 10,000 100 25 25 10 20 5 per 1,000
Beverage GFA
Sales
Automobile 10.000 100 25 25 10 20 5/1,000 SF
Service GFA
Stations
6
Ordinance No. 7449-05
Educational 40,000 200 25 25 10 20 1 per 2
Facilities students
Governmental 10,000 100 25--50 25 10 20 4 spaces per
Uses( 1 ) 1,000 GFA
Indoor -W;OOQ .wo 25 25 10 20 3--5/1000 SF
Recreation/En 5.000--10.000 50--1 00 GFA or 3--
-tertainment 5/lane, 1--
2/court or
1/machine
Medical 10,000 100 25 25 10 20 2--3/1,000
Clinics GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1 ,000
GFA
Offices -W;OOQ .wo 25--50 25 0--10 10--20 3--4 spaces
5000-10000 50--1 00 per 1,000 GFA
Off-Street 10,000 100 n/a 25 10 20 n/a
ParkinQ
Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000
Sales, Display of land area
and/or
StoraQe
Overnight 20,000-- 150--200 25--50 25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Places of 20,000-- 100--200 25--50 25 10 20 .5-1 per 2
Worship(2) 40,000 seats
Public n/a n/a 10 n/a n/a n/a n/a
Transportation
Facilities(3)
Restaurants 5,000--10.000 50--100 25--35 25 0--10 10--20 7--15 spaces
per 1,000 GFA
Retail Sales d,500 10,000 dO 100 25-35 25 0--10 10--20 4--5 spaces
and Services 5000-10000 50--100 per 1,000 GFA
Social and 3,500--10,000 35--100 25--35 25 0--10 10--20 4--5 spaces
Community per 1,000 GFA
Centers
Uti Iity/l nfrastru n/a n/a 20 25 10 20 n/a
cture
F acilities( 4 )
Vehicle 20,000-- 150--200 25 25 10 20 2.5 spaces per
Sales/Displays 40,000 1,000 of lot
sales area
Veterinary 10,000 100 25 25 10 20 4 spaces per
Offices or 1,000 GFA
Animal
Grooming and
SoardinQ
***********
Section 10. Article 2, Zoning Districts, Section 2-704, Commercial
District ('C"), Flexible development, is amended as follows:
Section 2-704. Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
7
Ordinance No. 7449-05
Table 2-704. "c" District Flexible Development Standards
Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(Sq. ft.) (ft.) (ft.) ParkinQ
Alcoholic 5,000--10,000 50--1 00 25 15--25 0--10 10--20 5 per 1,000
Beverage GFA
Sales
Comprehensiv n/a n/a n/a n/a n/a n/a Determined by
e Infill the community
Redevelopme development
nt Projectf=4 coordinator
based on the
specific use
and/or ITE
Manual
standards
Indoor 3.500--10.000 30--100 25--50 15--25 0--10 10--20 3--5/1000 SF
Recreation/En GFA or 3--
-tertainment 5/lane. 1--
2/court or
1/machine
Lig ht 5,000--10,000 50--100 25 15--25 0--10 10--20 4--5 spaces
Assemblv per 1,000 GFA
Limited 5,000--10,000 50--1 00 25 15--25 0--10 10--20 4--5 spaces
Vehicle per 1,000 GFA
Service
Marina 5,000--20,000 50 25 25 10 20 1 space per 2
Facilities slips
Mixed Use 5,000--10,000 50--100 25--50 15--25 0--10 10--20 4--5 spaces
per 1,000 GFA
Nightclubs 5,000--10,000 50--1 00 25 15--25 0--10 1 0--20 10 per 1,000
GFA
Offices 5,000 10,000 50 100 25--50 15--25 0--10 1 0--20 3--4 spaces
3 500--10 000 30--100 per 1,000 GFA
Off-Street 10,000 100 n/a 15--25 0--10 1 0--20 n/a
Parking
Outdoor 20,000 100 25 15--25 10 10--20 1--10 per
Recreation/En 1,000 SO FT
tertainment of land area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight 20,000-- 100--200 25--50 15--25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Problematic 5.000 50 25 15--25 10 1 0--20 5 spaces per
Uses 1,000 SF GFA
Restaurants 3,500--10,000 35--100 25--50 15--25 0--10 10--20 7--15 spaces
per 1,000 GFA
Retail Sales 5,000 10,000 50 100 25--50 15--25 0--10 1 0--20 4--5 spaces
and Services 3 500--10 000 30--100 per 1,000 GFA
RV Parks 40,000 200 25 15--25 20 10--20 1 space per
RV space
8
Ordinance No. 7449-05
Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units
plus 2 for
manager's
office
Social/Public 5,000--10,000 50--1 00 25--50 15--25 0--10 10--20 3--4 spaces
Service per 1,000 GFA
Aaenciesrnl1 )
Telecommunic 10,000 100 Refer to 25 10 20 n/a
ation Towers section 3-2001
Vehicle 10,000-- 100--200 25 15--25 10 10--20 2.5 spaces per
Sales/Displays 40,000 1,000 sa FT
of lot area
Veterinary 5,000--10,000 50--100 25 15--25 0--10 10--20 4 spaces per
Offices or 1,000 GFA
Grooming and
Boardina
fB Any use approvod for a Comprehensivo I nfill Redevelopmont
Project Sh311 bo permitted by tho undorlying Futuro L3nd Use PI3n
Map design3tion.
ill f2j Social/public service agencies shall not exceed five acres.
***********
Section 11. Article 2, Zoning Districts, Section 2-704.C.3 Commercial
District ("C"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Clo3Nlater this zoninQ district;
Section 12. Article 2, Zoning Districts, Tourist District ("T"), Section 2-
803, Flexible development, is amended as follows:
Section 2-803 Flexible development.
***********
Table 2-803. 'T" Flexible Development Standards
***********
Table 2-803. "T" Flexible Development Standards
Use Min. Lot Area Min. Lot Max. Height Min. Front Min. Side (ft.) Min. Rear Density Min. Off-
(sa. ft.) Width (ft.) (ft.) (ft.) (ft.) Street Parking
Alcoholic 5,000 50 35--100 0--15 0--10 10--20 n/a 5 per 1,000
Beverage GFA
Sales
Attached 5,000-- 50--100 35--100 0--15 0--10 10--20 30 units/acre 1.5 per unit
Dwellings 10,000
9
Ordinance No. 7449-05
Comprehensi nla nla nla nla n/a nla 30 units/acre; Determined
ve Infill 40 rooms/acre by the
Redevelopme community
nt Projectfl1 development
coordinator
based on the
specific use
and/or ITE
Manual
standards
Limited 5,000 50 35--100 0--15 0--10 10--20 nla 4--5 spaces
VehicIe Sales per 1,000
and Display GFA
Marina 5,000 50 25 10--15 0--10 10--20 nla I space per 2
Facilities SliDS
Nightclubs 5,000 50 35--100 0--15 0--10 10--20 nla 10 per 1,000
GFA
Offices 10,000 100 35--100 0--15 0--10 10--20 n/a 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 5--15 0--10 10--20 nla 2.5 spaces per
RecreationlEn 1,000 SQ FT
tertainment oflot area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight 10,000-- 100--150 35--100 0--15 0--10 0--20 40 rooms/acre I per unit
Accommodati 20,000
ons
Restaurants 5,000-- 50--100 25--100 0--15 0--10 10--20 n/a 7--15 spaces
10,000 per 1,000
GFA
Retail sales 5,000-- 50--100 35--100 0--15 0--10 10--20 nla 4--5 spaces
and services 10,000 per 1,000
GFA
fB Any use approved for a Comprehensive Infill Redevelopment Project shall
be permitted by the underlying Future Land Use Plan Map
designation.
Section 13. Article 2, Zoning Districts, Section 2-803.C.3 Tourist District
(UT"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater this zoninQ district;
10
Ordinance No. 7449-05
Section 14. Article 2, Zoning Districts, Downtown District ("D"), Section
2-903, Flexible development, is amended as follows:
Section 2-903. Flexible development
***********
Table 2-903. "0" Flexible Development Standards
***********
fB P.ny use approvod for:3 Comprehonsive Infill Redovolopment
Projoct shall bo pormittod by the undorlying Future Land Uso PI:3n
M:3p dosign:3tion.
Section 15. Article 2, Zoning Districts, Section 2-903.C.3 Downtown
District ("0"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Clearwater this zoninQ district;
Section 16. Article 2, Zoning Districts, Section 2-1004, Office District
("0"),
Flexible Development, is amended as follows:
Section 2-1004. Flexible development.
Table 2-1004. "0" Flexible Development Standards
***********
Table 2-1004. "0" District Flexible Development Standards
Use Min. Lot Area Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft.) Parking
Front Side Rear
Accessory nla nla nla nla nla nla 1/unit
DwelIings
Comprehensive nla nla nla nla n/a nla Determined by
InfilI the community
Redevelopment development
Projectfl-) director based
on the specific
use and/or ITE
Manual
standards
Medical Clinic 20,000 100 30--50 15--35 10--20 10--20 5/1,000 GFA
Mixed Use 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA
Nursing Homes 20,000 100 30--50 15--35 10--20 10--20 1 per 2 residents
11
Ordinance No. 7449-05
Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1 ,000 GF A
Restaurant n/a n/a n/a nla n/a n/a n/a
Retail Sales and n/a n/a n/a nla nla n/a n/a
Service
Telecommunica 10,000 100 Refer to Section 25 10 20 nla
tion Towers 3-2001
TV Radio 20,000-- 40,000 100--200 35--80 15--35 10--20 10--20 3--5/1,000 GF A
Studios
fB Any use 3ppro'.'ed for:3 Comprehonsive Infill Redovolopmont Project Sh311
be permitted by the underlying Futuro Land Use PI3n M3p
3mondmont.
***********
Section 17. Article 2, Zoning Districts, Section 2-1004.8.3 Office District
("0"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Cle::u\\'ator this zoninQ district;
***********
Section 18. Article 2, Zoning Districts, Office District ("0"), Section 2-
1004.F, Offices, is amended as follows:
***********
1. Height:
a. The increased height results in an improved site plan, landscaping areas
in excess of the minimum required or improved design and appearance;
b. The increased height will not reduce the vertical component of the view
from any adjacent residential property;
2. Sign~ --;- No sign of any kind is designed or located so that any portion of the
sign is more than six feet above the finished grade of the front lot line of the
parcel proposed for development unless such signage is a part of an
approved comprehensive sign program.
3. Off-street parking: The physical characteristics of a proposed building are
such that the likely uses of the property will require fewer parking spaces per
floor area than otherwise required or that the use of significant portions of the
building will be used for storage or other non-parking demand-generating
purposes.
4. Front setback: The reduction in front setback results in an improved site plan
or improved design and appearance.
5. Side and rear setbacks:
a. The reduction in side and/or rear setback does not prevent access to the
rear of any buildino for emeroencv access;
12
Ordinance No. 7449-05
b. The reduction in side and/or rear setback results in an improved site plan,
more efficient parkinQ or improved desjQn and appearance and landscapinQ in
excess of the minimum required.
Section 19. Article 2, Zoning Districts, Institutional District ("I"), Section 2-
1204, Flexible development, is amended as follows:
Section 2-1204 Flexible development.
***********
Table 2-1204. ill" Flexible Development Standards
Table 2-1204. "I" District Flexible Development
Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(Sq. ft.) (ft.) (ft.) Parking
Front Side Rear
Comprehensive nJa nJa nJa nJa nla nJa Determined by
Infill the community
Redevelopment development
Project fl1 director based
on the specific
use and/or ITE
Manual
standards
Marina and 5,000 50 15--25 10--15 0--20 30 I per 2 slips
Marina
Facilities
Social and 20,000 100 15--25 10 15--20 30 4--5 per 1000
Community GFA
Centers
Social/Public 10,000--20,000 100 15--25 10 15--20 30 2--3 per 1,000
Service GFA
Agencies
Telecommunica 10,000 100 25 10 20 Refer to Section nJa
tion Towers 3-2001
***********
fB .[)"ny uso 3pprovod for a Comprehensive Infill Rodevelopment
Project shall bo permittod by tho underlying Futuro L3nd Uso PI3n
Map dosignation.
Section 20. Article 2, Zoning Districts, Section 2-1204.A.3 Institutional
District ("I"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Clearwater this zoninQ district;
13
Ordinance No. 7449-05
***********
Section 21. Article 2, Zoning Districts, Industrial, Research and
Technology District ("IRT"), Section 2-1302, Minimum standard development, is
amended as follows:
Section 2-1302. Minimum standard development.
The following uses are Level One permitted uses in the Industrial Research and
Technology IIRT" District subject to the minimum standards set out in this section
and other applicable provisions of Article 3.
Table 2-1302. "IRT" District Minimum Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(sq. ft.) (ft.) Parkino
Front Side/ Rear
Accessory 5,000 50 20 15 50 1/unit
Dwellinos
Governmental 20,000 200 20 15 50 3/1,000 SF GFA
Uses(1)
Manufacturing 20,000 200 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor Storaoe n/a n/a n/a n/a n/a n/a
(accessory use)
(2)
Parks and n/a n/a 25 10/20 50 1 per 20,000 SF
Recreation land area or as
Facilities determined by
the community
development
coordinator
based on the ITE
Manual
standards
Research and 20,000 200 20 15 50 2/1,000 SF GFA
Technology
Self Storage 20,000 200 20 15 50 1 per 20 units
plus 2 for
manaoer's office
TV/Radio 20,000 200 20 15 50 4/1000 SF GFA
Studios
Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF
GFA
Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF
bution/ GFA
Warehouse
Facility
(1) Government uses shall not exceed five acres. Any such use, alone
or when added to contiguous like uses which exceed five acres
shall require a land use plan map amendment to Institutional which
shall include such uses and all contiguous like uses.
(Ord. No. 6526-00, S 1, 6-15-00; Ord. No. 6680-01, S 4,4-5-01)
14 Ordinance No. 7449-05
***********
(2) Outdoor storaae within the required front yard setback shall be
prohibited. Such outdoor storaqe areas shall be limited to not more
than thirty (30) percent of the subiect lot or parcel and shall be
completely screened from view from all adiacent residential zoned
properties and/or public riahts-of-way by a solid wall/fence six (6)
feet in heiaht. Items stored within outdoor storaae areas shall not
exceed six (6) feet in heiaht and/or shall not be otherwise visible
from adiacent residentially zoned property and/or public riqhts-of-
way.
Section 22. Article 2, Zoning Districts, Industrial, Research and
Technology District ("IRT"), Section 2-1303, Flexible standard development, is
amended as follows:
Section 2-1303. Flexible standard development.
Table 2-1303. "IRT" Flexible Standard Development
The following uses are Level One permitted uses in the I RT District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(sa. ft,) (ft,) Parking
Front* Side/ Rear
Automobile 20,000 100 20 15 30 4/1000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GFA
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor 40,000 200 20 15 30 1--10/1,000 SF
Recreation/Enter Land Area or as
tainment determined by
the community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage .'\GC9&&Ory RIa 20 15 30 /\CG9€€Ory
1 0 000 100 3/1 000 SF GFA
Parkina Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1--2 per 1,000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
Facilities(1)
15
Ordinance No. 7449-05
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technoloav
Residential 5,000 50 20 15 30 3/1,000 SF GFA
Shelters(2)
Retail Sales and n/a n/a n/a n/a n/a n/a
Services
Restaurants n/a n/a n/a n/a n/a n/a
Self Storage 10,000 100 20 15 50 1 per 20--25
units plus 2 for
manaaer's office
TV/Radio 10,000 100 20 15 50 4/1000 SF GFA
Studios
Utility/lnfrastruct n/a n/a 20 15 n/a n/a
ure Facilities(3)
Vehicle 40,000 200 20 15 30 1.5/1 ,000 SF Lot
Sales/Displays Sales Area
and Major
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GFA
Offices or Animal
Groomina
Wholesale/Distri 10,000 100 20 15 50 1.5/1 ,000 SF
bution/Warehous GFA
e Facility
Section 23. Article 2, Zoning Districts, Section 2-1303.F, Flexible
Standard development, is amended as follows:
F. Outdoor storage.
1. The uso is accessory to a principal pormitted uso and complios v./ith
all the sotbacks applicable to tho principal uso;
2. The uso is screenod from view from the public right of '....ay and
adjacent residontially zonod property.
1. Outdoor storaae within the required front yard setback shall be
prohibited.
2. All outdoor storaQe areas shall be completelv screened from view
from all adiacent residential zoned properties and/or public riahts-
of-way bv a solid wall/fence six (6) feet in heiqht.
3. Items stored within outdoor storaqe areas shall not exceed six (6)
feet in heiqht and/or shall not be otherwise visible from adiacent
residentiallv zoned property and/or public riqhts-of-wav.
***********
16
Ordinance No. 7449-05
Section 24. Article 2, Zoning Districts, Section 2-1304 Industrial
Research and Technology District (UIRT"), Flexible development, is amended as
follows:
Section 2-1304. Flexible development.
Table 2-1304. "IRT" Flexible Development
***********
Table 2-1304. "IRT" District Flexible Development
Uses Min. Lot Area (sq. Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
ft.) (ft.) Parking
Front* Side/Rear
Adult Uses(l) 10,000 100 20 15 30 5/1,000 SF GFA
Comprehensive n/a n/a nla n/a n/a Determined by the
Infill community
Redevelopment development
Project~ director based on
the specific use
and/or ITE Manual
standards
Nightc1ubs(2)ffi 10,000 100 20 15 30 15/1,000 SF GFA
Offices 10,000 100 20 15 30 3/1,000 SF GFA
Overnight 40,000 200 20 15 50 I !UNIT
Accommodations(
3)f4)
Salvage Yards 40,000 200 20 15 30 1/200 SF of office
space
Self Storage 20,000 100 20 15 30 I per 20--25 units
plus 2 for
manager's office
SocialIPublic 10,000 100 20 15 30 3/1,000 SF GFA
Service
Agencies( 4)ffi
Telecommunicatio 10,000 50 25a 10/20 Refer to Section 3- n/a
n Towers 2001
*The front setback may be reduced to 15 feet for parking lots
provided the land area is not sufficient to accommodate the full
setback requirement and the reduction results in an improved site
plan or improved design and appearance and landscaping is in
excess of the minimum required.
(1) Adult uses shall not exceed five acres in area in the Industrial
Limited land use plan map category or exceed 25 percent of a
project in the Industrial General land use plan map category.
(2) Any use proposed for a Comprehensive InfHI Redevelopmont
Project shall be permitted by the underlying Futuro Land Uso Plan
Map designation.
17
Ordinance No. 7449-05
(2)~ Nightclubs shall not exceed five acres in area in the Industrial
Limited land use plan map category or exceed 25 percent of a
project in the Industrial General land use plan map category.
(3)~ Overnight accommodations shall not exceed five acres in the
Industrial Limited land use plan map category or exceed 25 percent
of a project area in the Industrial General land use plan map
category.
(4~ Social/public service agencies shall not exceed five acres.
***********
Section 25. Article 2, Zoning Districts, Section 2-1304.C.3 Industrial
Research and Technology District ("IRT"), Flexible development, is amended as
follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Clear.vater this zoninq district;
***********
Section 26. Article 2, Zoning Districts, Open Space/Recreation District
("OSR"), Section 2-1404 Flexible development, is amended as follows:
18
Ordinance No. 7449-05
Section 2-1404 Flexible development.
***********
Table 2-1404. "OSR" District Flexible Development Standards
***********
Table 2-1404. "QSR" District Flexible Standard Develooment Standards
Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(sa. ft.) (ft. ) (ft.) Parkina
Front Side Rear
Comprehensiv nla nla nla nla nla nla Determined by
e Intill the community
Redevelopme development
nt Projectf1-} coordinator
based on the
specific use
and/or ITE
Manual
standards
fB Any use approved for 3 Comprehensive I nfill Rodovelopment
Project sh311 bo pormitted by the undorlying Future L3nd Uso PI3n
Map design3tion.
Section 27. Article 2, Zoning Districts, Section 2-1404.A.3 Open
Space/Recreation District ("OSR"), Flexible development, is amended as follows:
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in tho City of Clearw3ter this zoninQ district;
***********
Section 28. Article 3, Development Standards, Section 3-502.,
Downtown, is amended as follows:
***********
A. The aDesiQn ~Guidelines for development in the Clearwater
Downtown District Redevelopment Plan, as adopted on February 4, 2004 and as
subsequently amended. are hereby incorporated by reference. The DesiQn
Guidelines apply to all properties within the Clearwater Downtown
Redevelopment Plan Area reQardless of ZoninQ District.
***********
19
Ordinance No. 7449-05
Section 29. Article 3, Development Standards, Section 3-902,
Comprehensive plan densities/intensities, is amended as follows:
***********
D. Any project utilizinQ density/intensity averaQinQ shall require written
evidence of the averaQinQ in a document to be recorded in the public records
with the Clerk of the Circuit Court for Pinellas County and a record COpy of same
shall be filed with the City and with Pinellas PlanninQ Council (PPC).
Q. E. When calculating the lot area and/or density/intensity of a property,
the total of either number shall not be rounded up to the next whole number.
(Ord. No. 6526-00, 9 1,6-15-00; Ord. No. 6928-02, 947, 5-2-02)
F. Mixed Use. A mixed use determination will allow for nonresidential
and residential land use to occur on the same lot. An application for a mixed use
development shall state the nonresidential Gross Floor Area (GFA) and the
number of proposed residential dwellinQ units. The application shall also provide
the land area needed to support each land use based on the Future Land Use
Plan classification. The combined land area needed to support the residential
and nonresidential land use components shall not exceed the total existinQ land
area.
G. SubmerQed Lands. The area of submerQed lands cannot be used
in calculatinQ allowable density.
Section 30. Article 3, Development Standards, is amended as follows:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
Section 3-919. Affordable housina parkina reauirements.
The minimum off-street parkinQ requirement for affordable housinQ units. as
defined by the City of Clearwater Economic Development & Housinq
Department. may be reduced to one (1) parkinQ space per unit in any zoninQ
district where residential uses are permitted.
Section 31. Article 3, Development Standards, Section 3-11 02.A.1 0,
Standards, is amended as follows:
10. No home occupation shall involve the provision of day care services to
more than feHf five children at anyone time or as otherwise permitted by Florida
Statutes.
20
Ordinance NO.7 449-05
Section 32. Article 3, Development Standards, Section 3-1402. Design
standards for parking lots and parkinQ QaraQes:
***********
A.
***********
Remove existina araphic and replace with the followina araphic.
Off-street parkino spaces
A B C D E F
0 8.0 8.0 12.0 23.0 28.0
45 9.0 19.5 13.0 12.7 52.0
50 9.0 20.0 14.0 11.7 54.0
60 9.0 20.5 18.0 lOA 59.0
70 9.0 20.0 19.0 9.6 59.0
80 9.0 19.5 24.0 9.1 63.0
90 9.0 18.0 24.0 9.0 60.0
A PARKING ANGLE (DEGREES)
B STALL WIDTH (FEET)
C STALL TO CURB (FEET)
D AISLE WIDTH (FEET)
E CURB LENGTH (FEET)
F MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET)
***********
1. Structural supports located in parkino oaraoes shall not encroach into the
required area of a parkino space. Structural supports shall be located in a
manner to provide maximum vehicular maneuverability and shall not obstruct
passenoer inoress and eoress.
21
Ordinance No. 7449-05
Section 33. Article 3, Development Standards, Section 3-1502.C.3,
Property maintenance standards, is amended as follows:
3. Ground level wWindows facing a public right of way shall be maintained in an
unbroken, and clean state. No windows facing tho public right of way shall be
permanently removed and enclosed, covered or boarded up unless treated as an
integral part of the building facade using wall materials and window detailing
comparable with any upper floors and the building facade in general. All
damaged or broken windows shall be promptly restored, repaired or replaced. All
awnings, screens or canopies facing or visible from the public right-of-way or any
other parcel shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings. screens or canopies shall be promptly replaced,
repaired or removed.
Section 34. Article 3, Development Standards, Section 3-1503.B.5,
Nuisances, is amended as follows:
5. Accumulation and placement of nuisances.
a. Any accumulation of weeds, debris, trash, garden trash, junk, untended
growth of vegetation, or undergrowth of dead or living vegetation or
hazardous swimming pools, or hazardous trees upon any private property,
or on any public property without authorization to the extent and manner
that such property contains or is likely to contain rodents, reptiles or other
vermin, or furnishes a breeding place for flies, mosquitoes, or wood-
destroying insects, or otherwise threatens the public health, safety or
welfare.
.!2.:. The placement of trash. debris or other items on public property without
authorization.
Section 35. Article 3, Development Standards, Section 3-1503.8.6,
Nuisances, is amended as follows:
6. Except as provided in section 3-1506, the outdoor storage of all or part of any
dismantled, partially dismantled, inoperative or discarded vehicle, recreational
vehicle, machinery, appliance, farm equipment, aircraft, construction
equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or
scrap metal, on any public or private property, or of any abandoned vehicle.
recreational vehicle, farm equipment. aircraft, boat, personal watercraft,
trailer, truck, or motorcycle on any private property. within the city limits. This
provision shall not apply to any vehicle, recreational vehicle, machinery, farm
equipment, aircraft, construction equipment, boat, personal watercraft, trailer,
truck, motorcycle, or bicycle which is located on the premises of a lawfully
established storage yard or which is on the premises of a lawfully established
vehicle service establishment and is in the process of repair or maintenance
by that establishment.
22
Ordinance No. 7449-05
Section 36. Article 3, Development Standards, Section 3-1503.B.8,
Nuisances, is amended as follows:
8. The lack of maintenance by a property owner of property abutting any
dedicated right-of-way in the City in a condition such that weeds or trash are
found in and on the right-of-way or such that the weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path,
curbline or edge of pavement of an improved right-of-way or private
accessway or roadway by more than four inches.
Section 37. Article 3, Development Standards, Section 3-1506,
Exceptions, is amended as follows:
The provisions of section 3-150a~, relating to weeds, undergrowth or similar
plant material shall not apply to the following:
***********
Section 38. Article 3, Development Standards, Section 3-1508.D.6,
Noise, is amended as follows:
6. Religious worship activities occurring on or in the premises owned or leased
by places of worship that are lawfully located in the Commercial. Downtown,
Office, or Institutional Districts, including but not limited to bells and organs;
Section 39. Article 3, Development Standards, Section 3-2103.B,
Standards, is amended as follows:
B. The following additional requirements shall apply for specified temporary
uses:
***********
4. Seasonal sales. A 750 foot separation shall be required between a
seasonal business and any permanent business if the seasonal business
is sellino the same type of product as the permanent business. The 750
feet shall be measured from property line to property line.
Section 40. Article 4, Development Review and Other Procedures,
Section 4-202.A.9.f, Applications for development approval, is amended as
follows:
f. A tree survey showing the location, DBH (diameter at breast heioht), and
species of all existing trees located on the parcel proposed for
development with a DBH of four inches or more and identifyino those trees
proposed to be removed.
23
Ordinance No. 7449-05
Section 41. Article 4, Development Review and Other Procedures,
Section 4-202.A.11, Applications for development approval, is amended as
follows:
***********
z. Tree inventory. prepared by a certified arborist, of all trees four inches
DBH or more reflectinQ the size. canopy, and condition of such trees.
Section 42. Article 4, Development Review and Other Procedures,
Section 4-202.A.12, Applications for development approval, is amended as
follows:
***********
f. Tree inventory, prepared by a certified arborist, of all trees eight inches
DBH or more reflecting the size, canopy, and condition of such treos.
Section 43. Article 4, Development Review and Other Procedures,
Section 4-202.C.1 Applications for development approval, is amended as follows:
1. Determination of completeness. Within seven working days after receipt
of an application for development approv~lI the published application
deadline, the community development coordinator shall determine
whether an application is complete.
Section 44. Article 4, Development Review and Other Procedures,
Section 4-206.C.3, Notices and public hearings, is amended as follows:
3. Unless othel\vise required by Florida Statutes, all required notices shall be
pro\'ided at least 15 but not more than '15 days in advance of the public
hearing. Where an advertisina requirement is set forth in Florida Statutes.
notices shall be provided in accordance with that requirement. Where no
advertisina requirement is set forth in Florida Statutes. all required notices
shall be provided at least -1-a 10 but not more than 45 days in advance of
the public hearing.
Section 45. Article 4, Development Review and Other Procedures,
Section 4-206.E, Notices and public hearings, is amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and
place ~ ; in this case, the date, time and place of the rescheduled hearing must be
announced prior to or at the conclusion of the advertised hearing. Tho city clerk
shall cause notice to be given to all persons originally entitlod to notice, of tho
date, time and place of such continued hearing no less than seven days prior to
such hearing and in the mannor as spocified in sections '1 206(C)(2)(b), (c) and
~ Additional notice shall not be required for hearinas which have action
24
Ordinance No. 7449-05
deferred in this manner for a period of 45 days or less. Renotification for any
subseQuentlv scheduled public hearinQ dates shall be required for hearinQs
which have action deferred for a period of more than 45 days. in accordance with
the requirements contained in Section 4-206C(2)(b), (c) and (d). A hearino may
also be continued to a date uncertain: in this case, renotification for any
subsequently scheduled public hearino dates shall be required in accordance
with the requirements contained in Section 4-206C.
Section 46. Article 4, Development Review and Other Procedures,
Section 4-303, Effect of Level One (flexible standard development) approval, is
amended as follows:
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within ono (1) two (2) year2 of the date of issuance of the initial
building permit. Permitted time frames do not change with successive owners
and an extension of time may be granted by the Co~munity Development
Coordinator for a period not to exceed one (1) year and only within the original
period of validity. The Community Development Coordinator may approve an
additional extension of time not to exceed one year for good cause shown and
documented in writing. The coordinator must receive the request for this
extension within the one-year period of validity after the original time extension.
Good causes may include, but are not limited to, an unexpected national crisis
(acts of war, significant downturn in the national economy, etc.), excessive
weather-related delays, and the like. The Community Development Coordinator
may also consider whether significant progress on the project is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the project. In the event a project is governed by a
development agreement, the timeframes established in the agreement shall
supercede these requirements.
*********
25
Ordinance No. 7449-05
Section 47. Article 4, Development Review and Other Procedures,
Section 4-604.8.2, Annexation, is amended as follows:
2. If development is to be initiated prior to the effective date of the
annexation ~:md whoro such dovelopment is for a uso other than a
dotached dwolling, then requisite site plans, plats, and engineering
plans shall be submitted together with the petition or agreement to
annex.
Section 48. Article 4, Development Review and Other Procedures,
Section 4-1202.A Removal permit - Application, is amended as follows:
**********
A. Requirements for multi-family and commorcial and all non-residential
properties, and subdivisions.
1. A site plan showing the location of all protected trees and
palms by size, canopy and species, distinguishing the tree or
trees proposed to be removed, the scaled location of
proposed tree barricades, existing and proposed structures,
walks, driveways, and parking areas and other
improvements.
2. A tree inventory, prepared by a certified arborist. of all trees
four inches DBH and Qreater specifyinQ the size. canopy.
and condition of such trees.
2. 3. A tree preservation plan ^ plan is prepared by a certified
arborist, consulting arborist, landscape architect, or other
specialist in the field of arboriculture-specifying how each
tree is to be protected and how site development impacts the
critical root zones (drip lines) and how to address these
impacts. Le. crown elevatinQ. root pruninQ and/or root
aeration systems. The tree preservation plan must show the
tree barricade limits (2/3 of the drip line and in the root prune
lines, if any). and the tree barricade detail and other
pertinent tree preservation information. the method to bo
utilized to preservo all remaining troos including their root
systems, and the means of providing ':later and nutrionts to
such root systems such as root pruning, applying fungicidos,
trOD barricados, etc.
26
Ordinance No. 7449-05
~ 4. A topographical survey of the property, if the change in
elevation of the grade is greater than five feet or if the
property is one acre or more in area.
4-0 5. Justification of tree removal.
Section 49. Article 4, Development Review and Other Procedures,
Section 4-1402.5 Allocated development rights are freely transferable, is
amended as follows:
5. For parcels located INithin an area designated Central Business
District (CBD) or Community Redevelopment District (CRD) on the
Countywide Futuro Land Use Plan map or parcels governed by
approved redevelopment or special area plans, a site may only
receive density/intensity transf-erred from 'Nithin the CBD, CRD,
redevelopment plan area or special area plan district, and may not
exceed the otherwise applicable maximum density/intensity by 20
percent provided that the governing plan makes specific provisions
for the use of transfer of development rights.
5. For parcels located within an area desiQnated Central Business District
(CDB) or Community Redevelopment District (CRD) on the Countywide
Future Land Use Plan map or parcels Qoverned by approved
redevelopment or special area plans, a site may only receive
density/intensity transferred from within the CDB, CRD, redevelopment
plan area or special area plan district from within the plan area or district in
which the site is located.
a. For parcels receivinQ transferred densitylintensity, the maximum
applicable densitylintensity may be exceeded pursuant to
provisions set forth in such applicable special area plan or
redevelopment plan.
b. In the event such applicable special area plan or redevelopment
plan does not specify the amount of density/intensity that can be
received. the maximum permitted development potential shall not
be exceeded by more than 20 percent.
c. For parcels beinQ developed with overniQht accommodation uses
on Clearwater Beach that are within the area aoverned by Beach
by DesiQn. there shall be no limit on the amount of density that can
be received for the overniQht accommodation uses provided that
the project complies with all applicable code provisions and desiQn
Quidelines.
27
Ordinance No. 7449-05
d. For mixed use proiects located on Clearwater Beach and ooverned
by Beach by Desion that include overnioht accommodation uses,
the 20 percent limitation specified in Section 4-1402.5.b above shall
apply to the components of the proiect that do not include overnioht
accommodation uses.
**********
Section 50. Article 8. Definitions and Rules of Construction, Section 8-
102, Definitions, is amended as follows:
Height, building or structure, means for buildings, the vertical
distance from the mean elevation of the existing grade to the
highest finished roof surface in the case of a building with a flat
roof, or the vertical distance from the existing grade to a point
representing the midpoint of the peak and eave heights of the main
roof structure of the roof of a building having a pitched roof. For
other structures, the vertical distance from existing grade to the
highest point of the structure above such existing grade. Where
minimum floor elevations in flood prone areas have been
established by law, the building height may be measured as though
the required minimum floor elevations constitute existing grade. In
addition, (1) linear radio and television antennas shall be permitted
to project ten feet higher than the maximum height otherwise
specified for the zoning district within which the antenna is located.
Parabolic and other geometrically shaped antenna shall not be
permitted this height increase. (2) Flagpoles located on top of
buildings shall be permitted to project ten feet higher than the
maximum height otherwise specified for the zoning district assigned
to the property. (3) Elevator equipment rooms and like mechanical
equipment enclosures shall be permitted to project up to 16 feet
higher than the maximum height otherwise specified for the zoning
district assigned to the property. (4) Parapet walls constructed on
buildings with flat roofs shall be permitted to extend not higher than
W 42 inches over the maximum height specified for the zoning
district in which the building is located. (5) Structures permanently
affixed to the roof that accommodate rooftop occupancy shall only
be permitted if within the maximum allowable heioht.
**********
28
Ordinance No. 7449-05
Medical clinic means an establishment where patients, who are not lodged
overnight, are admitted for examination and treatment by ono person two or
group of more persons practicing any health services to individuals, whether
such persons be medical doctors, chiropractors, psychologists, social workers,
physical therapists, dentists or any such profession, the practice of which is
lawful in the state and in the city. This definition does not include a place for the
treatment of animals.
**********
Section 51. Article 2. Minimum Off-Street Parking for Attached
Dwellings, is revised by amending Table 2-104. "LDR" District Flexible
Development Standards, Table 2-203. "LMDR" District Flexible Standard
Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303.
"MDR" District Flexible Standard Development, Table 2-304. "MDR" District
Flexible Development, Table 4-402. "MHDR" Minimum Standard Development,
Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR"
Flexible Development, Table 2-502. "HDR" Minimum Standard Development,
Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible
Development Standards, Table 2-802. "T" District Flexible Standard
Development Standards, and Table 2-803. "T" Flexible Development Standards
by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2
per unit for Attached Dwellings.
**********
Section 52. Appendix A. Schedule of Fees, Rates and Charges, V.
Buildings and Building Regulations, (2) Fee schedule, is amended as follows:
**********
7. Zoning verification letter, per letter. . . . . 11.00
&- 7. Project research, per hour (not to exceed eight hours
without commission approval) . . . . . 26.00
Section 53. Appendix A. Schedule of Fees, Rates and Charges, VIII.
Land Development, (1) Level One, is amended as follows:
**********
(h) Temporary use permit for seasonal sales. . . . .250.00
29
Ordinance No. 7449-05
Section 54. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 55. The City of Clearwater does hereby certify that the
amendments contained herein, as well as the provisions of this Ordinance, are
consistent with and in conformance with the City's Comprehensive Plan.
Section 56. 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 57. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 58. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
30
Ordinance No. 7449-05
Cri}, ~#1 - l
City Council
Cover Memorandum
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Tracking Number: 1,745
Actual Date: 11/16/2005
Subject / Recommendation:
Continue the Settlement Agreement regarding National Advertising Company V. City of
Clearwater, Circuit Court Case 00-003844-CI-011, consolidated with Lamar Whiteco Outdoor
Corporation V. City of Clearwater, Consolidated Circuit Court Case 00-001939-CI-020.
Summary:
Settlement document and associated ordinance are still in the process of being finailized.
Therefore, this item needs to be continued.
Originating: City Attorney
Section Administrative publiC hearings
Category: Other
financial Information:
Type: Other
Review Approval
Cvndie Goudeau
11-10-2005
12:52:57
-FIN - \
City Council
Cover Memorandum
\\~\
Tracking Number: 1,714
Actual Date: 11/16/2005
Subject / Recommendation:
Declare the list of vehicles surplus to the needs of the City and authorize disposal through sale
to the highest bidder at the Tampa Machinery Auction, Tampa, Florida.
Summary:
The Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Autioneer of
Record.
See attached list.
Originating: Finance
Section Consent Agenda
Category: Other
Public Hearing: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Surplus sale revenue
Current Year Cost:
$0.00
Appropriation Code(s)
0010-00000-365902-000-000
Amount
Comments
Revenue to be determined at the time of
sale.
Review Approval
Georce McKibben
10-25-2005
10:37:31
Garrv Brumback
11-03- 2005
13:09:02
Marcie Simmons
10-25-2005
13:47:32
Bill Horne
11-03-2005
16:34:59
~~
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Cyndie Goudeau
City Council
",~"~,St~!'I~~~"~,~"",~~!!!~r,~,!.':!,~~~"~__"",,,,,,,,,_,,,,,,=,,",,,,,,,,,,,,,,,,,,.."',,,,,,,,,"W,,,,,,,",,,,,,,,,,",,,,,,,,,,"w,,,,,,,
11-03-2005 17:05: 12
Surplus for December 1, 2005 City Council Meeting
REASON FOR
ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL
1 G0957 1994 Peterbilt Front Loader IXPZL50X9RD707515 105548 Worn Out
2 G1667 1996 Crane Carrier Side Loader ICYCCB48XVT042597 69999 Rail Bad !Truck worn Out
3 G1746 1997 Crane Carrier Side Loader ICYCCB489VT042803 59720 Rail Bad !Truck worn Out
4 G1747 1997 Crane Carrier Side Loader ICYCCB489VT042804 62188 Rail Bad !Truck worn Out
5 G1748 1997 Crane Carrier Side Loader ICYCCB489VT042805 59818 Rail Bad !Truck worn Out
6 G1788 1997 Crane Carrier Rear Loader ICYCCK485VT043222 87170 Hopper Replacel Age
-Fl.N - 2.
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City Council
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Tracking Number: 1,681
Actual Date: 11/16/2005
Subject / Recommendation:
Approve legal services agreements between Fowler White Boggs Banker and the City of
Clearwater and The Law Office of Tim Jesaitis, P.A., and the City of Clearwater for legal services
relating to workers' compensation claims, authorize the appropriate officials to execute same
and authorize payments to said firms in an amount not to exceed $195,000 for the period
01/01/06-12/31/08.
Summary:
The Risk Management Division of the Finance Department self-insures and administers its
claims. Risk Management uses two law firms in response to workers' compensation claims.
Risk Management is very satisfied with the law firms of Fowler White Boggs Banker and The Law
Office of Timothy Jesaitis, P.A., and wishes to continue to use them.
The fee structure between the two firms is similar, and it is believed that the City of Clearwater
will benefit from continuing to use the two firms named herein when representation is needed
for a workers'compensation claim.
Originating: Finance
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Bid Exception for Legal Services
In Current Year Budget?
Yes
Budqet Adjustment:
No
Current Year Cost:
$195,000.00
~.~
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City Council
_".""~gend~!,,,~pver =Memor~=!1(t~!!l--"..,.~.,..=,~.,_,=",."..,.
Annual Operating Cost:
$195,000.00
For Fiscal Year:
01/01/2006 to 12/31/2008
Total Cost:
$195,000.00
Not to Exceed:
$195,000.00
Comments
Appropriation Code(s)
0590-07000-545800-519-000
Amount
Review Approval
Pam Akin
10-12-2005 12:59:38
11-03- 2005 17:04:30
10-12-2005 13:46:42
11-03-2005 08:34: 18
10-12-2005 14:37:26
11-03-2005 16:35:41
Maraie Simmons
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
(<E" 5:N-L
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the _ day of , 2005, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and The Law Office of Tim
Jesaitis, P.A. ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in connection with
matters pertaining to workers' compensation claims filed against the City of Clearwater.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services in connection with workers' compensation claims as assigned by
the City of Clearwater.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $125.00 per hour for attorney services and $75.00 for paralegal
services. It is agreed that the hourly rate will be paid during attorneys' travel time when
travel is required during representation of the city under this agreement. Ordinary local
travel to and from Counsel's office is not included in travel time to be reimbursed.
SECTION 4. TERM. This Agreement will be effective from January 1, 2006 to
December 31,2008.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counselor its employees in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Counsel shall
procure and maintain during the life of this Agreement professional liability insurance in
I
an amount in excess of $1,000,000. This provision shall survive the termination of this
Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The City or Counsel may
cancel or terminate this Agreement upon ten days advance written notice to Counsel. In
the event of cancellation, Counsel shall immediately cease work hereunder and shall be
reimbursed for eligible and documented reimbursable expenses incurred prior to the date
of cancellation.
SECTION 10. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
The Law Office of Tim Jesaitis, P.A.
2
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Re.... \ \. d
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the _ day of , 2005, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of Fowler
White Boggs Banker ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in connection with
matters pertaining to workers' compensation claims filed against the City of Clearwater.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services in connection with workers' compensation claims as assigned by
the City of Clearwater.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $125.00 per hour for attorney services for shareholder level attorneys,
$110.00 per hour for attorney services for associate attorneys, and $75.00 for paralegal
services. Said rates are subject to increase within the term of this agreement by mutual
agreement between counsel and Risk Management, and it is agreed between the parties
that a rate increase need not require execution of a new agreement. It is agreed that the
hourly rate will be paid during attorneys' travel time when travel is required during
representation of the city under this agreement. Ordinary local travel to and from
Counsel's office is not included in travel time to be reimbursed.
SECTION 4. TERM. This Agreement will be effective from January 1, 2006 to
December 31, 2008.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Attorney without markup, including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel incurred by Counsel in performance of the duties hereunder. Travel and per diem
costs as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
harmless from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees or other expenses or liabilities of every kind and character
arising out of or due to any negligent act or omission of Counselor its employees in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Counsel shall
procure and maintain during the life of this Agreement professional liability insurance in
an amount in excess of $1,000,000. This provision shall survive the termination of this
Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The City or Counsel may
cancel or terminate this Agreement upon ten days advance written notice to Counsel. In
the event of cancellation, Counsel shall immediately cease work hereunder and shall be
reimbursed for eligible and documented reimbursable fees and expenses incurred prior to
the date of cancellation. Further, it is understood and agreed between the City and
Counsel that Mark E. Hungate, Esquire, will be the lead attorney assigned by the firm to
provide the services contained herein. The City in its absolute discretion may
immediately terminate this Agreement upon written notice to the firm if the services of this
attorney are unavailable to the City.
SECTION 1 O. ATTORNEYS FEES. In the event that either party seeks to
enforce this Agreement through attorneys at law, then the parties agree that each party
shall bear its own costs and that jurisdiction for such an action shall be in a court of
competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Cou ntersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
2
r
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Fowler White Boggs Banker
By:
3
City Council
_,,,,,~I1!:t!~~~~~,,~,~,!!!,~"~!,!:Idu n:t........,,,.=_= '"
(Y)f(-l
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Tracking Number: 1,600
Actual Date: 11/16/2005
Subject / Recommendation:
Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December
1, 2005 to November 30, 2006, a one (1) year period, for the collection of daily parking fees at
the Seminole Street Launch Ramps for twenty-five percent (25%) of fees collected and authorize
the appropriate officials to execute same.
Summary:
Decade Properties has sold the Clearwater Bay Marina site but retained ownership of the name
and Bait House property. They wish to continue selling daily parking permits for the City. We are
therefore renewing the agreement for another year.
In return for collecting the daily parking fees, Decade Properties retains twenty-five percent
(25%) of the money collected. The City receives seventy-five percent (75%) of the daily parking
fees and one hundred percent (100%) of all monthly and yearly parking fees for Seminole Launch
sold at City locations. The City Council approved these percentages as part of the Marine and
Aviation Business Plan.
Originating: Marine and Aviation
Section: Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Bill Morris 09-08-2005 09:37:26
Cvndie Goudeau 11-03-2005 09:48:46
Sue Diana 11-07-2005 08:45: 15
Brvan Ruff 09-08-2005 10:19:58
Rod Irwin 11-04-2005 15:34:48
Tina Wilson 11-03-2005 08:25:38
Bill Horne 11-06-2005 19:28:28
Rs', m ~ - )
Re' \\ ~
AGREEMENT
The CITY OF CLEARWATER, a Florida municipality, hereinafter called "City",
and Decade Properties, Inc. d/b/a "Clearwater Bay Marina", whose address is Suite
100, N19W24130 Riverwood Drive, Waukeshau, Wisconsin state the following:
1. The City has improved the area known as the Seminole Street Launch Ramps
and, in order to defray the cost of the improvements and provide funds for future
maintenance, will charge a parking fee as described herein.
2. Clearwater Bay Marina owns property adjacent to the Seminole Street Launch
Ramps, whereon it operates a facility known as the "Little Boat House", which
offers bait, tackle, supplies and other services to boaters. The principal public
access to the "Little Boat House" facility is from the Seminole Street Launch
Ramps and Clearwater Bay Marina desires that the public access be continued.
3. The City is interested in having Clearwater Bay Marina collect daily parking fees
only, and Clearwater Bay Marina is agreeable to collecting said fees on behalf of
the City.
4. The City desires that a concession facility offering bait and tackle, boat supplies
and similar items, public restrooms and services be operated on or adjacent to
the said Seminole Street Launch Ramps for the convenience of the public.
NOW, THEREFORE, in consideration of the mutual benefits to be achieved, the
parties agree as follows:
A. The term of the agreement shall be for a one-year (1) period commencing
on December 1, 2005, and ending on November 30, 2006.
B. The parking fee shall be that amount established by the City as a charge
for the parking of vehicles and trailers, or both, at the parking ramp facility. The
parking fee may be amended by the City at the City's option during the term of
the agreement.
C. Clearwater Bay Marina shall collect daily parking fees in the manner
specified by the City and shall account for collected fees utilizing forms provided
by the City. Seventy five percent (75%) of all collected fees shall be remitted to
the City on a bi-weekly basis and twenty five percent (25%) of the collected fees
may be retained by Clearwater Bay Marina as a collection fee. The City will
retain 100% of parking fees for Seminole Launch sold at City locations. All
collection records shall be subject to inspection by the City during the normal
business hours of the City in the offices of Clearwater Bay Marina or the City.
D. Clearwater Bay Marina shall operate the concession facility and collect
parking fees from 6:00 AM to 6 PM Monday through Friday and 6 AM to 7 PM
Saturday and Sunday every day of the year except Christmas Day, weather
permitting. The City Marine & Aviation Director or his designee's approval shall
Decade Properties, Inc.
1
be required at any time the concession is not operated and parking fees are not
collected due to adverse weather conditions.
E. Clearwater Bay Marina shall maintain and operate the concession and
restroom facilities in a neat, clean and orderly condition during the term of this
agreement and to charge no fee for use of the restrooms. The City agrees not to
operate or permit to be operated similar or competitive concession facilities on
the Seminole Street Launch Ramp property during the term of this agreement.
F. Clearwater Bay Marina, in the operation of its facility, shall not be deemed
to be an agent of the City except for the limited purpose of collecting the parking
fees as provided herein.
G. Clearwater Bay Marina shall be responsible for compliance with the
Americans with Disabilities Act (ADA) when selling parking permits by installing a
buzzer, with sign, which will allow a Clearwater Bay Marina employee to assist a
disabled person at the entrance to the "Little Boat House".
H. This agreement may be terminated by either party upon sixty (60) days
notice.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this
of 2005.
Cou ntersigned:
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
Decade Properties, Inc.
By:
Jeff Keierleber, President
Decade Properties, Inc.
2
I
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City Council
_".mm",.~gel!~.!!...........~_over ..~~.~~.!:a nd u !!!-.."
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Tracking Number: 1,671
Actual Date: 11/16/2005
Subject / Recommendation:
Approve License Agreement with Bay Bounce, LLC, to provide entertainment concessions at Pier
60, for the term of October 1,2005 to September 30, 2006, with an estimated gross revenue to
the City of $50,000.00 and authorize the appropriate officials to execute same.
Summary:
The City has provided successful entertainment concessions at Pier 60 Park for the past three
years by entering into agreements with outside vendors.
Tampa Bay Bounce, Inc. has provided inflatable concessions at Pier 60 Park for the past two
years. However, they have sold their equipment and thus the need for the City to seek a new
vendor to provide these services. The City makes 25% of gross revenue, which amounted to
over $53,000 last year.
Staff has included revenue from entertainment concession in the general fund budget to off-set
some of the costs of operating the Parks and Recreation Department.
Staff is recommending approval of the License Agreement between Bay Bounce, LLC and the
City. The City may cancel the Agreement at any time during the year.
A copy of the License Agreement is available in the Official Records and Legislative Services
office for review.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public HearinQ: No
financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
~.~
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City Council
Current Year Cost:
$50,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$0.00
Not to Exceed:
$0.00
Appropriation Code(s)
0010-00000-347203-000-00
Amount
$50,000.00
Comments
Revenue
Review Approval
Kevin Dunbar
Laura Lipowski
10-28-2005 15: 13:02
11-03-2005 17:07:46
10-31-2005 07:33:09
11-03-2005 14:38: 12
10-31-2005 11 :52:24
11-03-2005 16: 26: 54
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
1<~ " ~R - 1
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into as of this day of ,
2005, between the City of Clearwater, a municipal corporation of the State of Florida,
whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Licensor")
and Bay Bounce, LLC, whose mailing address is 6116 23rd Avenue North, St.
Petersburg, Florida 33710 ("Licensee").
WHEREAS, Licensor is the owner of the real property more particularly
described in Exhibit "A", attached hereto and made a part hereof, located in Pinellas
County Florida hereinafter referred to as ("Premises"); and,
WHEREAS, Licensee desires to exercise certain rights and privileges upon the
Premises; and
WHEREAS, Licensor is willing to grant Licensee a license for such occupancy
and utilization, subject to the terms and conditions stipulated below (the "License"):
NOW, THEREFORE, it is mutually agreed as follows:
1. Licensor hereby grants to Licensee the License to occupy and use the Premises,
subject to all of the terms and conditions herein set forth, commencing on
October 1, 2005, and expiring on September 30, 2006, unless sooner terminated
as herein provided ("License Term") for the purpose of installing a inflatable
bounce house and other inflatable concessions ("Concessions") as more
particularly described in Exhibit "B", attached hereto and made a part hereof.
2. That for and in consideration of the foregoing License, Licensee shall pay
Licensor a commission equivalent to twenty-five percent (25%) of the gross
revenue proceeds generated during the License Term ("Commission"). For
purposes of this Agreement, "Gross Revenue Proceeds" shall mean the total of
all amounts charged to customers for entry to the concessions. Specifically, all
amounts charged for numbered tickets, coupons or other type of invoices
("Tickets"), less any applicable taxes, regardless of whether said Tickets are
redeemed. Commission shall be paid bi-weekly, first payment to be paid 14 days
after the Licensee's first day of operation, and once every two weeks thereafter.
If all amounts due to Licensor are not paid as indicated, Licensee will be
considered in default hereunder and Licensor retains the right to terminate this
Agreement immediately and require vacation of the Premises immediately, but in
no event later than 24 hours from receipt of notification of such default.
3. Licensee shall pay all costs resulting from and associated with the installation
and operation of electrical service for operation of the concessions.
4. The Licensee agrees that persons employed by Licensee for purposes related to
the installation, operation or other purposes under this License are not
employees of the Licensor for any purpose whatsoever, including unemployment
tax, social security contributions, income tax withholding or workers
compensation, whether state or federal. Licensee agrees to pay and be solely
responsible for all applicable taxes, both state and federal, in connection with the
amount paid by Licensee to Licensor.
5. Licensee duties and responsibilities pursuant to this letter of understanding are
as follows:
(a) Licensee shall provide various inflatable amusements, such as: a
water inflatable slide, a dry inflatable Slide and a Bounce House each
manufactured out of 18 gauge fire-retardant vinyl, double-stitched
seams, and other safety features in accordance with acceptable
industry standards.
(b) Licensee shall setup the site, including securely anchoring the
concessions, fencing off the area, and setting up an area for ticket
sales.
(c) Licensee shall operate in or on the Premises, as designated by
Licensor. Hours of operation shall be daily (seven days a week) from
9:00 a.m. until 10:30 p.m., except during inclement weather. The City
reserves the right to shut down the operation of the concessions if, in
its sole discretion, it is in the best interest of the city, or to protect the
safety and welfare of the public.
(d) Licensee will ensure that the concessions are a temporary structure
that can be broken down in 2 days if needed.
(e) Licensee will ensure that the concessions are run and operated by
properly trained employees, all of whom are uniformed in matching
company tee shirts and shorts.
(f) Licensee specifies that each employee have specific duties, which
include technical, safety, and operational support to ensure that the
operation runs safely and efficiently, and that Licensee has provided
any necessary and appropriate training for its employees to carry out
the operation in a safe manner.
6. Licensee agrees to provide comprehensive general liability coverage on an
"occurrence" basis in an amount of not less than One Million Dollars
($1,000,000.00) combined single limit bodily injury liability and property damage
liability with a minimum One Million dollar ($1,000,000.00) aggregate limit. The
Certificate of Insurance shall show the City of Clearwater as an Additional
Insured. The certificate must be provided to City of Clearwater prior to operation.
7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor
against and from any and all claims, including copyright/trademark infringement
claims, demands, fines, suits, sections, proceedings, orders, decrees and
judgments of any kind or nature by or in favor of, anyone whomsoever, and
against and from any and all costs, damages and expenses, including attorney's
fees, resulting from, or in connection with, loss of life, bodily or personal injury or
property damages arising, directly or indirectly, out of, or from, or on account of,
any accident or other occurrence in, upon, at or from the Premises, or
occasioned in whole or in part through the use and occupancy of the Premises,
or by any act or omission of Licensee, or any employees, agents, contractors or
invitees in, upon, at or from the Premises or its appurtenances.
8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe,
clean and proper manner; (b) secure any and all licenses or permits required by
any governmental agency or authority with respect to Licensee's operation of the
concessions, occupancy and use of the Premises, including any and all rights or
licenses required under applicable copyright or trademark law; (c) secure and be
responsible for the security of the concessions at close of business each day and
during hours of non-operation; (d) not make or permit to be made any alterations,
additions or improvements in the Premises without the prior written consent of
Licensor; (e) not permit any mechanic's lien to be filed against the Premises by
reason of any work, labor, service or materials performed at or furnished to the
Premises; and (h) abide by all rules and regulations established by Licensor,
from time to time, with respect to the use and occupancy of the Premises. All
signs used at the Premises shall be subject to Licensor's prior approval.
9. This License is personal to Licensee. It is not assignable, and any attempt to
assign this License will terminate the License privileges granted to Licensee
hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any
manner transfer this License Agreement or any interest therein, nor sublet all of
any part of the Premises or license considerations therein.
10. Licensor may terminate this License Agreement immediately, at will, in Licensor's
sole discretion, with or without cause. This License Agreement may also be
terminated at any time upon the mutual written agreement of Licensor and
Licensee.
11. Nothing contained herein shall be deemed or construed by the parties hereto, nor
by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto it being understood that
nothing contained herein, or any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of
Licensor and Licensee.
12. All notices to either party must be sent by U.S. Mail to the address below:
As to Licensor
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
As to Licensee
Bay Bounce, LLC
c/o Jay Maton
611623rd Avenue North
St. Petersburg, FL 33710
Miscellaneous Provisions
13. The provisions of this License shall be binding upon and inure to the benefit of
the heirs, personal representatives, successors and assigns of the parties, as
permitted herein. Any provision hereof which imposes upon Licensor or
Licensee, any obligation after termination or expiration of this License
Agreement, shall survive termination or expiration hereof and be binding upon
Licensor or Licensee.
14. Licensee agrees to comply with all local, state, and federal statutes and
ordinances, and is responsible for obtaining all necessary state and local permits
prior to setting up and operating the concessions.
15. All advertising or related communications pertaining to Licensor must be pre-
approved in writing by the Licensor.
16. Licensor shall have the right to enter upon the Premises at all times. Licensor
shall not unduly interfere with Licensee's business.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LICENSEE:
BAY BOUNCE, LLC
Dated:
Signed in the Presence of:
By:
Jay Maton, Manager
Cou ntersigned:
LICENSOR:
CITY OF CLEARWATER, FLORIDA
By:
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
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me this day of
,2004, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
PrintlType Name:
Notary Public
Exhibit A
City of Clearwater
SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60
(Approximately 200' x 250' = 50,000 sf or 1.1 acre)
#2
Roundabout
tet
City Council
Cover Memorandum
P't-R - c
\\.~
Trackino Number: 1,712
Actual Date: 11/16/2005
Subject / Recommendation:
Award a contract to renovate Ross Norton Pool (bid #04-0005PR) to Pinellas Pools, Inc., Holiday,
Florida for $433,950 and approve a change order deduct in the amount of $65,400 for a net
contract amount of $368,550 and authorize the appropriate officials to execute same; and
approve the transfer of $210,600 from Swimming Pool Renovations & Repairs capital
improvement project (93271) and the expenditure of $88,962 from Recreation Facility Impact
fees at first quarter.
Summary:
On May 21, 2005 the new recreation center at Ross Norton Park was opened to the public. As
part of the design the entrance to the aquatics center is now through the new recreation center.
Phase II of the construction at the Ross Norton Complex involves the renovation of the Ross
Norton Pool.
Staff attempted to complete the renovations of the pool at the same time the new center was
being constructed however, due to increased costs and tight scheduling requirements involving
the opening of the pool for the summer season, renovations were delayed until now.
Included in the Capital Improvement Budget is a project for Swimming Pool Renovations and
Repairs. In addition, the City was awarded and accepted a Florida Recreation Development
Assistance Program (FRDAP) grant for $200,000 for the aquatics center.
Work on the aquatics facility will include marciting the existing pool, installing new decking
material, installation of a plunge pool and activity pool, feature slide, shade shelters/umbrellas,
picnic area and other miscellaneous water park amenities.
This contract includes the construction of a plunge pool for the slide, activity pool for the water
playground, marciting the main pool including the diving well and other miscellaneous pool
related issues.
The total base bid of $433,950 includes a 10% contingency. Staff is recommending that the
installation of the kool deck, totalling $43,500, be valued engineered out of the contract and the
contingency be reduced from 10% to 5%. A more economical surface will be installed instead of
the kool deck. None of these items will have a major adverse impact on the design and function
of the facility.
Construction time is 120 days, providing an anticipated completion date in April, 2006.
Funding for this contract is available in the amount of $68,988 in capital project 315-93253, Ross
Norton Complex. The balance of $299,562 will be funded by a transfer of $210,600 from project
315-93271, Swimming Po
001 R&R, and the transfer of $88,962 from Recreation Facility Impact Fees at first quarter.
Operating expenses for the renovated pool with the additional water features have been included
and approved in the FY 2005/06 operating budget.
With the approval of this item and the transfer at first quarter, the Swimming Pool R&R project
will have no funding available this year for any other work. However, this is the only R&R project
that is anticipated for this year utilizing these funds.
City Council
~=.=.,2g!nda ~!!~er Memoran~~m
Originating: Parks and Recreation
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? Yes
Bid Numbers: 04-0005PR
In Current Year Budqet?
Yes
Budqet Adjustment:
Yes
Budqet Adjustment Comments:
See third to last paragraph in summary section.
Current Year Cost:
$368,550.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$368,550.00
Not to Exceed:
$368,550.00
Approoriation Code(s)
0315-93253
Comments
Amount
$368,550.00
Review Aooroval
Kevin Dunbar
11-03-2005
Cvndie Goudeau
11-03-2005
Sue Diana
11-07-2005
13:54:31
17:16:57
08:44: 18
r
I
ter
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
City Council
=,,,~,_~,gend~t,~9ver. M=~moralt~!!!" """
11-03-2005 14:01 :44
11-03-2005 17:40:39
11-03-2005 15:15:01
11-06-2005 19:29:44
PI) - J
~
City Council
Cover Memorandum
\\.l9
Tracking Number: 1,709
Actual Date: 11/16/2005
Subject / Recommendation:
Approve Certificate of Award and accept a FY 2005 COPS Technology Program Grant in the
amount of $246,661 from the U.S. Department of Justice/Office of Community Oriented Policing
Services (USDOJ/COPS)and auathorize the appropriate officials to execute same.
Summary:
1. The Police Department has received official notification from USDOJ/COPS that it has been
awarded a grant in the amount of $246,661 from the USDOJ/COPS Office for funding of a new
Computer Aided Dispatching System (CADS).
2. Clearwater's existing CAD system was purchased in 1996, and is nearing the end of its life
expectancy. The events of 9/11 have redefined the needs for CADS data to be interoperable
with other agencies.
3. The new CAD system will put Clearwater on the cutting edge of computer aided dispatching
and enable its employees to further enhance existing community policing services. The new
CADS will also allow Clearwater Police employees to provide quicker response times that will lead
to better community policing services to the public. A high priority for the system that
Clearwater ultimately selects is that it also be capable of interfacing with other state and local
systems.
4. Project outcomes will include: improvement in customer service; faster response times to
calls for service; and, increased efficiency of Clearwater Police employees.
5. A new state-of-the-art CAD system will be a huge asset to Clearwater's crime prevention
activities. By having a better overall communications system, Clearwater police employees will
be better able to provide community-policing services to the neighborhoods they serve.
Clearwater residents have a very high expectation of their Police Department. The new CAD
system will allow the Department to continue to live up to those expectations.
6. Special Project No. 181-99282 has been established to account for the grant expenditures.
There is no match or additional positions associated with this grant.
Originating: Police
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Approval
Sid Klein
10-20-2005
09:32: 17
~.~
(I~ _".""",Agel!!!~_.Cov~,~""".,~,.~,.~.~!.!.ndum ="..
City Council
Cvndie Goudeau
11-03-2005 17:09: 10
Rob Surette
10-25-2005 10:32:39
Garrv Brumback
11-03-2005 14:39: 19
Tina Wilson
11-03-2005 13:33:04
Bill Horne
11-03-2005 16:25:53
I. Thegiarit~e agr~sto comply with the COPS statute (42 U.S.C. 9}796dd); OMB Circulars A-87, A-21, A-122 or the Federal Acquisition Regtll~tio~s,
applicable (governing cost principles); OMB Circulars A-I02 (28 C.f;Rj'Pa.:ri66)l:ir A';JI0 (28 C.F.R. Part 70), asappljcable (Uniform Administrative Requirements
for Grants and Cooperative Agreements); OM~9T~lar*-~iJ?Xgo"'i::rniijg~~ditS);an~:With all applicable progiamreqilirerneIll5.;:laws,.orders, regulations, or
circulars. ... ." ... ........ ...... .
....2.~j#;am}J~~~~:to co~IY~}l1the ~~~~~:~e~:~~:p:~ijc~~?ri~fonnsjh~tJrere signed and sUbrni~~i~~p~rt ?r.Ws,:J:~Hholg~~i~i~tjV{~PSliFiiion.
..... )UTl1~:grilritee~ikl;&wlea~~s ~h~;~be fund'ihk~~jfder thi~;roject is for the payment of approved costs for the continued d~;ei~pm~~fbft~~hnolO~~$knd,autQlJPted .
~ystem.sto:llssist stYit~'and local law enforcement agencies in investigating, responding to and preventing crime. The allowable costS are limite(i:tp:ihose listecfonttie::;:
:::::6!idgit'#iearance mefuorandum, included in your agency's award packet.
.....,
;~ten~~Abn!~i ;~~~~~~J~ti~i~~~~~~~~ ~~::et:::~ft~:~ ~!:tt:.~~:!~~~i~tt:~i~~~~::h:i]~:~a~ i:f/~~:dl?~;~~!::#i~;~7~su.~h:..
....... ...... '''0"
~;:Th~':~bll~~~ a~k19Wl~dge;th1t all grant modification requests must be approved, in writing, by the COPS Office prior to their imPi~m~iiiliM;
will not a:ppT:~:;';:e any mOdification request that results in an increase offederal funds...... ....
7. The grantee acknowledges that the COPS O~ce ma;{:~,:\~pct~j~i}g df#por~9tnational evaluations of::1~#:COPS Technology Initiative Grant Program, and
agrees to cooperate with the monitors and eval:'J~W:f:t ........ ..... .......
8.
~~,tga~tl<~yiU?~responsible for~ub~t#in~p~~ic P~~Qes~re~6rtSand~u,afierlY tlnanciaiieports. ::E:
.... .'~H~~g;.~h~e~~~~'wled.:ge~:th~hheDep~~iof jJill~tperfo~ various functions to ensure compJianc~~th all ~f:fi~~ireffi~ri~~dtoi#6yid~ technical
~~lsta~2e:::tg'giani~e.s\The grantee agrees to cooperate with any requests for grant-related dO<;l!mentation or other relevant informatlQ#i . .......
\fi{ Gi:~htees thaifi1ve 50 or more employees and grants over $500,000 (or()y~ $1 ,OOQ,OOO in gJ,"<II1~over an I 8-month period) rimst submit a~"~cceptable Equal
,,,,uEmployment Opportunity Plan (BEOP) or EEOP short form, if required t~s~J;imltanEEQr:ubder28.tj;~<R. 4Z:302;that is approved by the.Office of Justice
Programs, Office of Civil Rights, within 6.!)"'aYf~f the award start date. i:::'u::, ...., .'u..... :' .'
_~nte~:c:::4~da::~~~:I~~:~;Jefe~,~i~;ta~1:~~~~t:~h~~;t~In~~t~~~~ti~~t~:eA~v:~~~;;:;&;~:~~~is:~lcJ~~7:~~i~~[ff;;:fui.~~.~~;:.,.,:: .
Part 23. .':::::' .. ......
.....
. . . .............. .... ........ ... . .. ....... .... ...
:.':;i2~:Th~gt~n~~~ ad~n.9:Wltidgesih~t travel costs for transportation, lodging and subsistence, and related items are allowable under the iecill:;ologyfu~till~iyeprcigT;im2:
with prioi'appt&val fiofuthe COPS Office. Payment for allowable travel costs will be in accordance with Circular A-87 (Cost Principles for State, ~ai'an~ ~4~n
Tribal Governments), Circular A-122 (Cost Principles for Non-Profit (fJWp~p-tiopq~, ofA~rcular A-21 (Cost Princil'l~~for Educational Institutions), as applicable.
13. The grantee agrees to comply with appr~Ji#.~i#fed#i\ft.;'~~rerh~~t:ruI~;; If:~pp~l~kble,gJ,"a.ntees that havefu;~a~rdcc4:fu~~~g forthe procurement of an item
...~~~~;~~;;~~;~~~~~~i~1dd~:~; ~~~ ~;~jt:;~~~o~rt:I.~~rent)~t{j~~ss:must~~vide aWritten:~ll!~SOuf~~JuslificatiP#iBt~:~Nf~9tp~~ f()~.~~~r~val prior to
:L,t4.~:th~~~~!~~~~{ to sJbk{t~i{~~py df~lr~o~~ridproposed publications resulting from this grant 20 days prioit~pJblic:i4g;~~\':ky P~~W~~tioIl~
(IIi~iu~t~g\vntten"~~ftWare, visual, or sound, but'excluding press releases, newsletters, and issue analyses), whether published at thihiimtee's orgQY.emmenfiH .
.:-~~pen~~~~hall con~aiffthe following statement: ItThis document was prepared by the Clearwater, City of supported by 2005CKWX0071, awarded?by the U..S~ ...
.:::: ::.bhpa~t of Justi'ce. The opinions. findings, and conclusions or recommem4~lpns el\Pr:~~~d in..tbiS.document are those of the author(s) and do not necessarily
represent the official position or policies of the 11:~: Department of Justic~~r" .....m.. :.u"::::: .::.:..' .. ....
~1~9). The grantee agr~~s,~~foTf't#te:~ ke~R~r':file, ~l\~prqP9~~~; a ~~f~attPf9i~i~~~tt~pan~Jm#W~tio~*~i~es ~rnjJloyment Eligibili\rY~rification Form
Grant #. 2005CKWX0071
ORI #: FL05203
Applicant Orgallization's Legal Name: CleaIWater, City of
J/<<'JJtlor #.: 5Q6000289
..'
L~~Enr()ife.ij~nt Ej~ijHve~ Chief SldKIein/
.... .',,, ,AddresrC645 Pierce St~cl
..... :::\qlB('Stat~t>Zip cod~T;'CleaIWater, FL 33756
..... Telephone: (727) 562-4348
Fax: (727) 562-4339
.. - .". .. ....
.......... ..... .... ..... .....
. ,Government Ex~~~i,,~i C.iiYM~4g~tW~1Iiairr.lkHome, II
........ ....... ;~~f!dre-ss: .:J~;O. ~~~ 4!~~~:::.::}~U \Ui~:.:-:~tn;'
.U /> '+if$~fuh:psceofiiAv~j)~;
City, St~le. iijjCbde:Cj~atet;FL 33758F
TeYephone: (727)562-4040
Fax: (727)562-4052
Award Start Date:
AUG31 2005
Carl R. Peed, Director
..... ."
........ .......
.... 'bate:"
........... ................... . ........ ........
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....~~VJ~
.. -,. '. ........
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SigIkijife o{:L~w Enforcement Official with the
Authority to Accept this Grant Award
~~ N~:~:'Ti~e~~~a: ~m:.::~~liio';ml'i:.i~~~:,
>Qffiptal
~~~~~l:'H'"
~9A9d\pt 1!#.~.' Grant Award
....... .........
......... -......
........... ........
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.~~~ 1~~ an~ .Ti~~fg3ve~~~i~:.~kpigll~!~: 28/05
'~tatements or claims made in co@~ction with COPS gf:M~::IilllYir~$&Jt ij:fTri1~~.inmf.is(m-m.ent, debarment from.
participating in federal ~:()r ciiYThtt#srs, and/or an~rem~~y avaiI#~je ~y;ia\Y~~~~~Fi4~~Govemment.
Award ill: 82061'::":
Grant #.
ORl#:
Applicant Organization's Legal Name:
. 1/fmdor #>
._ . .... .d'
..... .... .... ..............
______..Government Exe(CMtj-v~t G:~iYM;m':l-g~r--Williarii.ILBome, II
.. . .jijjldreis:Pk>. FBi< 474S<.\U
..yfi:2$~fuhQ~e6i~ A v~M{
City, Sr;le. 2if7Cbde.'Cl~lWater,FL 33758
Te~ephone: (727)562-4040
Fax: (727) 562-4052
Award Start Date:
Carl R. Peed, Director
P<:]rJ:P,p! ~...~ju/; ,
. :. .u .U ..:u0.u..
0.... ...... . ,... ........ ....
... ....". . ....... .... ... ..
............-.... .......
...... ." .......... -..
Sid Klein, Chief of Poliq~i>
Typed Name and Title of Law Enforcement
Qffi91<rl
..... ...............
p-, ...-.......-.... ......,......
.. ........... ...... ... . ........ ." ..
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m;(:j:qfj
sighittife of.i1\v Enforcement Official with the
Authority to Accept this Grant Award
....... ....-..............
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. ..... ................ ...... .......
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uiu>~u> ~ . .. __ .~ ~U:~pH/
Si~~1~eg,r9ovePillierit~officiclj:Wifu th~Atithori~'
tQ~9dept ~~.. Grant Award
..... ......... .........
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.~~~ 1~~ an~ Titl~~f~~vej~bht!=~i:~~rt~: 28/05
..... ........
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.... ... .... ..
. .....
....... .. ....
Fals~statements or claims made in connJ~ction with COPSgiarit$ma)fl'e$~Jt ii:frfi"l~UmpIis()ii1pent, debarment from
participating in federal ~8r cpiitr#sts, and/or anYfem~~y ~rVaiI~~le~*law-i2__~eFe4~~Govemment.
A ward II) 82061/
Ervg-Z
~.~
u~ Agenda Cover Memorandum
'_~"'~"b, ,'=.m..'~.==_ " ,~,=_"m~=="b_=.b""""'"
City Council
\\ :r
Tracking Number: 1,674
Actual Date: 11/16/2005
Subject / Recommendation:
Approve a Contract For Sale of Real Property with Bethel Christian Center, Inc. to sell property
described as Lots 6, 7 & 8, Block "B", FIRST ADDITION TO NORWOOD for the sum of $119,503,
and authorize appropriate officials to execute same, together with related instruments required
to effect closing. (
Summary:
On September 1, 2005 Council declared the subject vacant lots as surplus for the purpose of
offering for sale by advertising for bid with the minimum bid amount of $33,000 per lot.
On September 4, 2005 Invitation For Bid 37-05 was issued and advertised in the St. Petersburg
Times.
On September 22, 2005 two sealed bids meeting and exceeding the minimum bid requirement
were submitted by the 10:00 a.m. deadline. American Housing Corporation submitted a bid of
$35,000 per lot. Bethel Christian Center ("Bethel") submitted a bid of $119,503.
The subject contract with Bethel stipulates that Bethel will make a cash down payment of
$6,003 and give the City a Note and Purchase Money Mortgage in the amount of $113,500
payable $717.41 per month including principal and interest at 6.5% per annum, having a
30-year term with the entire remaining principal balance, together with accrued interest, due
and payable not later than 5 years following closing. The mortgage will also require that Bethel's
contemplated construction of an assisted living faCility be completed within 36 months following
closing. Upon an additional 20% reduction in the mortgage balance the City will subordinate its
lien interest to a new first mortgage. Closing is stipulated to occur within 30 days following City
execution of the agreement.
In 1999 the lots were purchased with $54,000 in CDBG Program funds disbursed from the City's
Infill Housing Fund 181-99661 ("Fund"). In accordance with Section 570.500 of the Program,
the gross income generated by Program funds, including all sale proceeds from this transaction,
will be returned to the Fund.
A copy of the agreement is available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
r
~...............fm' . ..Ga..tte~fr
u~
City Council
~",,*,~g~nda C~.~..~,!:",,~emorandum
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
Review Approval
Michael Ouillen
Laura Lipowski
10-21-2005 13:26:03
11-03-2005 17:03:56
10-25-2005 09:41: 17
11-03- 2005 08:48:21
10-31-2005 10: 18:34
11-03-2005 16:36:24
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
?-e... f-~, - d
(2.e'. 1\. ~
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"),
P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, Phone: (727) 562-4050, and BETHEL
CHRISTIAN CENTER, INC. a Florida not for profit corporation (herein "Buyer"), of 14516 Corkwood Drive, Tampa, Florida
33626, Phone: (813) 925-8772, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following
real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and
conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday, Sunday, or
national legal holidays and any time period ending on a Saturday, Sunday or national legal
holiday shall be extended until 5:00 P.M. of the next business day.
1. LEGAL nFSr.RIPTION Lots 6, 7 and 8, Block "B", FIRST ADDITION TO NORWOOD, as recorded in Plat
Book 5, Page 79, Public Records of Pinellas County, Florida.
STREET ADDRESS (City/State/Zip): 1002 -1006 Grant Street, Clearwater, Fl. 33755
PERSONALTY: None (vacant land)
2. FIliI PURr.HASF PRICE .......................................................................................................$119,503.00
3. MANNFR OF PAYMENT
a. Purchase Money Mortgage (see Paragraph 5) ............................................................... $113,500.00
b. Total amount to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations........................................................$ 6,003.00
4. TIMF FOR Ar.CFPTANCF
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged
and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate
Services Manager of the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Council
("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and
delivered to Buyer within 10 days thereafter. If the Council upon initial presentation rejects this contract, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. PURCHASE MONEY MORTGAGF
At time of closing Buyer shall execute a Note and Purchase Money Mortgage (PMM) in favor of Seller in the amount of
$113,500.00, payable $ 717.41 per month, including principal and interest at 6.5% per annum for a period of 30 years, with the
entire remaining principal balance due and payable in full 5 years from date of loan origination. The Note, Mortgage and any
other instruments of security shall be in a form acceptable to Seller and shall contain only clauses generally utilized by lending
institutions located in Pinellas County, Florida, including but not limited to (1) late payment fee, (2) acceleration at Seller option
in the event of mortgagor default, (3) the privilege of prepayment without penalty in all or in part, together with accrued interest,
(4) subordination by Seller to construction financing to be provided by a duly chartered State or Federal financial institution in
good standing, so long as the total of such construction financing and the remaining balance of the PMM do not exceed 100%
of the appraised value of the improved property upon completion of construction, and Buyer submits payment to Seller to
reduce the then current balance of the PMM by not less than twenty percent (20%). Additionally, as a condition of Seller
accepting the PMM to be given by Buyer, Buyer covenants and agrees that the encumbered property shall be developed in
accordance with City of Clearwater zoning requirements, and that all improvements shall be completed not later than thirty six
(36) months following closing of this transaction. Upon request by the Seller, Buyer shall furnish credit and financial
information reasonably required by the Seller to consider funding the purchase as above described. It Seller determines for
any reason that the contemplated financing is not in the best interests of the City of Clearwater, then at its sole discretion
Seller may deny such financing. Buyer shall then have a reasonable time to secure third party financing, and if unable or
unwilling to do so, this agreement shall thereafter become null and void in all respects.
6. IIIL.E
Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in
Paragraph 6 and those otherwise accepted by Buyer. Otherwise title shall be free of liens, easements and encumbrances of
record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions and public utility
easements of record; and no others; provided there exists at closing no violation of the foregoing and none of them prevents
Buyer's intended use of the Property for infill residential development consistent with City of Clearwater Medium Density
Residential (MDR) zoning requirements.
1
7. TITI F EVIDENCF
Buyer may, at Buyer expense and within 10 days prior to closing date obtain a title insurance commitment issued by a
Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those
which shall be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to
applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving
evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying
defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the
defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract.
Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
8. CERT AIN RIGHT~ RFSERVFD
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths
(3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that are
or may be in, on or under the real property described herein, and an undivided one-half (1/2) interest in all the petroleum that
is or may be in, on, or under said property with the privilege to mine and develop the same. If the real property hAing r:onveyed
herAllndAr is lAss than ?O contiguous acres is prAsently deVAlopAd and/or there exists future development ria~~;~:fe:h~~; l~
little likelihood of the presence of any of the minerals or petroleum contemplated hy Section 270 11 Florid~ .
such instilncAs the r.ity expressly releilses the ilhove descrihed rights BllYer petition for such release is evid~~~erl ;;;
execution of this contrilct
9. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property
surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any
encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands
of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title
defect.
10. CLOSING PI ACE AND DATF
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in
Pinellas County, Fiorida, on or before 30 days following the Effective Date, unless extended by other proviSions of this
contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close
as set forth above, after rnaking all reasonable and diligent efforts to comply, then upon giving written notice to the other party,
time of closing may be extended up to 45 days without effect upon any other term, covenant or condition contained in this
contract.
11. CI OSING DOCIIMFNT~
Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters,
Note, Mortgage and other instruments of security, and any corrective instruments as applicable to this transaction. Buyer shall
furnish closing statement.
12. CLOSING EXPFNSFS
State documentary stamps required on the mortgage and deed, together with recordation of the mortgage and deed shall be
paid by the Buyer. Seller shall pay the costs of recording any corrective instruments.
13. PRORATION~' CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such expenses and
revenue shall be prorated through the day before closing. If the amount of taxes and assessments for the current year cannot
be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions.
Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing.
Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller.
14. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted,
and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than as
disclosed herein and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented
in either subparagraph a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is"
condition.
b. [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 25 days from Effective Date
("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer
deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the
Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided,
2
however, that all such persons enter the Property and conduct the inspections and investigations at their own risk.
Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and
investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the
Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to
expiration of the Inspection Period if the inspections and/or investigations reveal conditions that are reasonably
unsatisfactory to Buyer, unless Seller elects to repair of otherwise remedy such conditions to Buyer satisfaction. If
this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property
resulting from the inspections and investigations and return the Property to its present condition.
15. SFI I FR HELD HARMI ESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs, including
attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the Property, and from and
against any and every liability to any person arising from Buyer conduct of inspections, investigations and any other work
performed pursuant to Paragraphs 9 and 14 above.
16. PROCEFnS OF SAI F. CLOSINr. PROCEDURE'
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by
such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which
would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable
through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by
or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer
and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by
special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against
Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The
escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to
Section 627.7841, F.S. (1987), as amended.
17. DEFAIIL T
If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by
Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this
contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other
than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this
contract, the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby waiving
any action for damages resulting from Seller's breach.
18. RADON r.AS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health unit.
19. CONTRACT NOT RECORnABI E' PERSONS ROIIND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the
benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all.
20. lli:lIlCE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail,
properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties
attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all
terms and conditions of this contract.
21. ASSIr.NARIIITY; PERSONS BOllND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is
binding upon Buyer, Seller, and their successors, heirs and personal representatives.
22. ATTORNFY FEES' COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs.
23. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions
contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may
3
suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in
contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits
and restrictions of the Florida sovereign immunity statute, F.S. 768.28.
24. TYPI=WRITTEN OR HANDWRITTFN PROV/5:ION5:
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. EFFFr.T OF PARTIAl INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In
the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the
invalid provision.
26. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in
accordance with the laws of the State of Florida.
27. r.OIINTFRPART5:' FAr.~IMII F COpy
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which
together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any
written modifications hereof, and any initials or signature thereon shall be deemed an original.
28. SPEr.IAL r.1 AlI5:ES
[X] Not applicable, QB [ ] An Addendum containing special clauses that constitute agreements and covenants between
the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted
by the parties. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract,
then the special clause shall govern.
29. MERGFR BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon
delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
30. ENTIRE AGRI=EMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall
supersede any and all prior and contemporaneous written and oral promises, representations or condition in respect thereto.
All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this
agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached
hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
/o.h
,2005
BETHEL CHRISTIAN CENTER, INC.
By: ~I tJ ~~
I Royal W. Miller, President
APPROVED AND ACCEPTED THIS _ day of
,2005.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard, Mayor
By:
William B. Horne, II, City Manager
Approved as to form:
ATTEST:
~.
~/./...;.
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L' /. /
Laurq.Ypowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
4
ENS -]
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City Council
_"w".~.gen,,~.~...C~~,~,r.,.,..,~..~,!!!,~,r,~,!:,d!J m ",...
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Tracking Number: 1,678
Actual Date: 11/16/2005
Subject / Recommendation:
Award a contract to Adams Tank & Lift, Inc. of Pinellas Park, Florida, the lowest most responsible
bid for the removal and replacement of the underground fuel storage tanks at the Clearwater
Municipal Marina in the amount of $258,374.60 and authorize the appropriate officials to
execute same.
Summary:
The Clearwater Municipal Marina currently has three(3)10,000 gallon single-wall underground
fuel storage tanks that must be replaced with double-wall tanks prior to December 31, 2009, in
accordance with FAC, Chapter 62-761.
In September 2005, the City advertised for bids by licensed Pollutant Storage System
Contractors to replace the existing tanks with double-wall tanks and retrofit the system to meet
2009 requirements.
Four bids were received and evaluated for completeness. Bids from Adams Tank & Lift, Inc.
(ATL)and HSA Engineers (HSA)were $100,000 below the other two bids and were selected for
further evaluation. The bid from ATL was more comprehensive and included consideration of
additional FDEP retrofit requirements. Reference checks revealed that ATL had significantly
more experience (15 years)with large tank removal and installation projects for major oil
companies; whereas, HSA had little or no experience (1-3 years)with storage tank projects, and
no tank removals or installations of this magnitude.
While the HSA bid was $2,609.83 (1%) lower than the ATL bid, based on the experience and
proactive approach to the project Adams Tank & Lift, Inc. has been selected as the most
responsible bidder.
There is currently $147,660 available in capital project 315-93494, Fuel Tank Replacement for
this contract. The balance of $110,720 will be transferred at First Quarter from capital project
315-93496, Marine Facilities Dredging and Maintenance.
funding for this project.
Copies of the Bid Specification and Contract requirements are available for review in the Office
of Official Records and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? Yes
~.~
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City Council
~g,~!,da,~.~~r. !~te.m_ora I:!"!:t~,!!!,,
Budget Adjustment:
Yes
Budget Adjustment Comments:
See summary comments.
Appropriation Code(s)
0315-93494-563500-575-000
Amount
$258,374.60
Comments
Review Approval
Sill Morris
Cyndie Goudeau
11-03-2005 10:43: 18
10-27-2005 10:24:20
11-03-2005 13:13:03
10-21-2005 14:58:46
11-03-2005 11 :25:30
11-03- 2005 16:34:21
10-27-2005 10:00:20
11-03-2005 17:05:50
Srvan Ruff
Garry Brumback
Michael Ouillen
Georae McKibben
Sill Horne
Tina Wilson
TIME SCHEDULE
R~ 'r f: rvs -s
Ke. :\\. ~
UST REMOVAL & INSTALLATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
The City Environmental and Stormwater Engineering Department will utilize the following timetable with the goal of
selecting a licensed Pollutant Storage System Contractor for THE REMOVAL OF THREE (3) 10, 000 GALLON
UNDERGROUND FUEL STORAGE TANKS AND THE INSTALLATION OF THREE (3) 10,000 GALLON
UNDERGROUND FUEL STORAGE TANKS at the CLEARWATER MUNICIPAL MARINA LOCATED AT 25
CAUSEWAY BOULEVARD ON CLEARWATER BEACH. This schedule may be changed solely at the City Project
Manager's discretion.
AUG 28, 2005
Advertisement
AUG 29, 2005
Bid Release
Will be available at by mail or at htto://www.mvclearwater.com
SEP 7, 2005
10:00 AM
Mandatory On-Site Pre Bid Meeting
City Municipal Marina Conference Room
25 Causeway Blvd on the 2nd floor
(727) 462-6954
SEPT 20, 2005
Formal Bid Opening
Purchasing Department
100 South Myrtle Avenue, Third Floor
Clearwater. FL 33756 at 11 :00 AM
OCT 6, 2005
Notification of Award (If under $100,000)
Recommend Contract to City Council (If over $100,000)
SEPT 26, 2005
JAN, 2006
Project Start Date
Section 1
INTENT, CONDITIONS &
STANDARD OF WORK EXPECTATIONS
UST REMOVAL & INSTAllATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
Bid # 41-05
INTENT:
In accordance with attached specifications, it is the intent of the City of Clearwater to establish a contract
with a licensed Pollutant Storage System Contractor (PSSC) to remove three (3) 10,000 gallon underground
storage tanks (UST's) and install three (3) new 10,000 UST's at the Clearwater Municipal Marina located at
25 Causeway Boulevard on Clearwater Beach.
CONDITIONS & STANDARD OF WORK EXPECTATIONS:
1. QUANTITIES:
Quantities stated are an exact requirement. No over-shipment is permitted without the prior authorization of
the Marine and Aviation Department or the City Project Manager.
2. PERIOD OF CONTRACT:
Contractor should be prepared to start and complete the entire project during the month of January 2006.
The job shall be completed within twenty (20) days of initial groundbreaking to remove the existing tanks.
3. PAYMENT/INVOICES:
The bidder must specify on the Bid Summary Form the exact company name and address, which must be
the same as that on all invoices submitted for payment if awarded this bid. Further, the successful bidder
must perform at a minimum, 85% of the total labor needed to perform this project. Payment(s) will be
made, in arrears, in accordance with Fla. Stat. '218.70, et.seq., the Florida Prompt Payment Act.
4. CANCEllATION AGREEMENT:
City of Clearwater reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or, with cause if at any time the Contractor fails to
fulfill or abide by any of the specified terms or conditions.
Failure of the Contractor to comply with any of the provisions of this contract shall be considered a material
breach of contract, and shall be cause for immediate termination of the contract at the discretion of the City
of Clearwater Marine & Aviation Department.
In addition to all other legal remedies available, the City of Clearwater reserves the right to cancel and obtain
from another source, any items which have not been delivered within the period of time stated in proposal,
or if no such time is stated, within a reasonable period of time from the date of order as determined by the
City.
5. BIDDER CAPABILITY:
Prior to contract award, any bidder may be required to show that the Company has the necessary facilities,
equipment, ability and financial resources to perform the work specified in a satisfactory manner and within
the time specified.
6. DELIVERY:
All prices quoted shall be F.O.B. Destination, FREIGHT INCLUDED delivered and unloaded to the
Clearwater Marina.
7. MATERIAL QUALITY:
All materials purchased and delivered against this contract will be of first quality and not damaged and/or
factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged
within twenty-four (24) hours of notice to the Contractor at no charge to the City.
Factory Warranty Information on all products or items to be used in the completion of this project must be
submitted with the bid document.
8. INTERPRETATIONS/CLARIFICATIONS:
No oral interpretations will be made to anyone firm as to the meaning of specifications or any other contract
documents. Any request for such an interpretation must be presented at the pre-bid meeting or in writing
and shall be received by the Project Manager no later than September 12, 2005. Significant interpretations
or clarifications will be made by an Addendum to the Bid Documents, which will be sent as promptly as is
practicable to all persons to whom the Bid Specifications have been issued by the City. All such Addenda
shall become part of the Contract Documents.
9. INSURANCE REQUIREMENTS AND CERTIFICATE OF INSURANCE:
The Contractor shall provide insurance and comply with all requirements outlined in Attachment D. In
addition, Contractor shall provide a Certificate of Insurance naming the City of Clearwater as Additional
Insured prior to issuance of a Purchase Order or commencement of any work hereunder.
10. ADDITIONAL SERVICES:
The City reserves the right to request additional services relating to this Agreement from the Contractor.
When approved by the City Commission as an amendment to this Agreement and authorized in writing, the
Contractor shall provide such additional services as may become necessary.
11. SERVICES CONTRACT:
The successful bidder will be required to execute a Work Order/Contract prior to issuance of a Purchase
Order or commencement of any services hereunder.
12. CONTRACT ASSIGNMENT:
Only the Contractor selected shall perform work detailed in the Work Order/Contract. No assignment or
subcontracting shall be allowed without prior written permission by the City.
Subcontractina: If the bidder intends to subcontract any portion of this work, the bidder must disclose that
intent in the bid. The City's award of the contract without reservation and with that disclosure present shall
be considered approval as required.
13. EXCEPTION:
Contractor is advised that if it wishes to take exception to any of the terms contained in this Bid, it must
identify the term and the exception in its response to the Bid. Failure to do so may lead City to declare any
such term non-negotiable. Contractor's desire to take exception to a non-negotiable term will not disqualify it
from consideration.
14. NON-EXCLUSIVE CONTRACT:
This is not an exclusive contract. Award of this Contract shall impose no obligation on the City to utilize the
vendor for any other work of this type, which may develop during the contract period. The City specifically
reserves the right to concurrently contract with other companies for similar work, if it deems such action to
be in the City's best interest. In the case of multiple-term contracts, this provision shall apply separately to
each term.
15. PROHIBITION AGAINST CONTINGENT FEES
Contractor warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor, to solicit or secure a contract for this project and that it has not
paid or agreed to pay any persons, company, corporation individual or firm, other than a bona fide employee
working for the Contractor any fee, commission, percentage, gift, or any other consideration, contingent
upon or resulting from the award of this project.
Section 2
PROJECT SPECIFICATIONS
UST REMOVAL & INSTALLATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
GENERAL SCOPE OF PROJECT
1.0 Statement of Work
1.1 This Document describes the Scope of Project and materials required for the removal of three
10,000 gallon UST's and the installation of three new 10,000 gallon fiberglass clad double walled
steel UST's at the City of Clearwater Municipal Marina, located at 25 Causeway Boulevard,
Clearwater, FL. All work is to be performed in accordance with the standards presented in API
Bulletin 1604, Appendix C of NFPA Code 30 and good engineering practices.
1.2 A Mandatory On-Site Pre-Bid Meeting will be held on Wednesday, September 7, 2005 @ 10:00
A.M. at the Clearwater Municipal Marina, Second Floor on Clearwater Beach. All orosoective
bidders must be oresent at this meetina in order to submit a bid oackaqe for this oroiect.
1.3 Bid shall be submitted as Time & Materials, Not to Exceed. In addition, Contractors are encouraaed
to provide a price list for various tank removal and installation activities on an "ai-la-carte" unit basis
(a linear foot, a cubic yard, per drum, per ton, per hour, per diam, etc.). City of Clearwater
representatives and the Contractor awarded the procurement will jointly appraise the site to
determine the type and quantity of any additional activities that may be required, so that a total
project cost may be computed.
1.4 This Project will not necessarily be awarded to the lowest bidder. All submittals will be evaluated by
a selection committee who will take into consideration not only price, but will also evaluate the
business profile, history of claims against the company, references, history of similar work done for
the City of Clearwater, business location and the ability to respond in a timely manner to the
Clearwater Marina for emergency repairs.
2.0 General Expectations
2.1 The Contractor is responsible for obtaining all permits and licenses required for initiation and
completion of the project, and arranging for inspections as required by local codes and applicable
regulations. Permits issued by the City of Clearwater will be issued at 'No Fee'.
2.2 The Contractor must certify in writing that all tank removal and installation activities were performed
in full compliance with the requirements expressed in Chapters 62-761 of the Florida Administrative
Code and 40 CFR, Parts 280 and 281.
2.3 The Clearwater Municipal Marina facility will generally be accessible to the Contractor and its sub-
contractors for work from 7:00 A.M. to 4:30 P.M. Monday through Friday. Although other work hours
may be arranged on an emergency basis, Contractor should make every effort to schedule work
during the hours that the facility is accessible.
2.4 A minimum of 48 hours notice must be provided to the City of Clearwater Project Manager, Karma
Killian (727) 562-4745, prior to beginning work.
2.5 Any expected delays, with the exception of delays caused by inclement weather conditions, must be
submitted to the Project Manager in writing.
2.6 The worksite will be subject to inspection by City, County and State officials during the performance
of work under the awarded contract. The Contractor or any sub-contractor shall make no
communications with regulatory agencies regarding any phase of the tank removal or tank
installation project, except as to arrange required inspections and to file the Pollutant Storage Tank
Installation/Removal Form. Any communications will be by the City Project Manager or designated
Clearwater Municipal Marina personnel.
2.7 The Contractor will be responsible for securing the work area to prevent intentional or
accidental entry by unauthorized persons or vehicles.
3.0 Submittals
3.1 Bidders must submit the following documents WITH THEIR BIDS:
A. Proof of current registration as a Pollutant Storage Syotems Specialty Contractor with the
Florida Department of Professional Regulation.
B. Company Profile (Attachment A)
C. Reference list of at least six (6) clients for whom you have performed similar services
(Attachment B)
D. A list of sub-contractors expected to be used on the project (Attachment C)
E. Signed Insurance Requirements page - confirming the ability to meet the insurance
standards for this project, if selected (Attachment D)
UST REMOVAL AND REPLACEMENT ACTIVITIES
1.0 Site Preparation
1.1 The Contractor shall demolish and remove only that asphalt and concrete paving from atop the
tanks needed to complete the excavation and installation. If the concrete to be removed is part of a
contiguous paved surface, the area identified for removal shall be cleanly saw-cut prior to any
demolition.
1.2 Debris shall be segregated during periods of temporary storage at the site. Asphalt or concrete shall
not be commingled with fill to be returned to the excavation, or with contaminated soil requiring
treatment. If the Contractor fails to properly segregate this debris from other site materials they will
be required to manually separate the debris at no cost to the City, or if the City is required to 'handle'
the debris, the appropriate cost will be deducted from Contractor invoices.
1.3 Asphalt and concrete debris shall be removed from the site and properly disposed of in accordance
with all applicable laws and regulations. This material will not be used as backfill material unless
specifically approved, in writing, by the City Project Manager.
2.0 Tank Removal
2.1 New product piping lines were installed in 2004. Contractor shall be responsible for reviewing the
piping job specifications prior to submittal, in order to properly perform required disconnection and
reconnection from sumps/tanks to new product lines. Any new product lines damaged by contractor
during the performance of this contract will be repaired or replaced at the sole expense of the
Contractor.
2.2 Contractor shall arrange for removing remaining product or residual fuel, and or accumulated solids
at the tank bottom.
2.3 All concrete anchors, screw-type anchors, and anchor straps used to secure existing tanks shall be
removed from the excavation. Any concrete slabs used to anchor tanks shall be removed.
2.4 Prior to transport, the tanks shall be suitably devaporized so that no explosive vapors remain in the
tanks. This condition shall be verified through the use of an explosive gas indicator. Solidified
carbon dioxide (dry ice) shall be used to help prevent explosive vapors from forming during
transport. Should there be any delay in removing the tanks from the site after they have been
prepared for transportation, the vapor levels in the tanks shall be re-confirmed with an explosive gas
indication to verify that the tanks are suitable for safe handling and shipping.
i
I
I
L____
2.5 Unearthed tanks shall be perforated to prevent reuse by any other party. Prior to removing tanks,
Contractor shall provide the City with a Bill of Sale showing clear transfer of title to the tanks. This
Bill of Sale shall be the Contractor's standard form, and shall reflect the greater of the estimated
scrap value of the tank or one (1) U.S.dollar, and will be submitted with a check for the appropriate
amount to the City Project Manager.
2.6 The tanks and appurtenances shall be transported to an appropriate facility for proper disposal. The
Contractor shall provide the City with copies of all documentation received from the disposal facility
accepting the tanks.
2.7 A Flame Ionization Detector (FID), and trained operator shall be provided during tank removal for
soil screening. The FID shall be field calibrated prior to use, and calibration data will be included
with a written summary of findings. The operator shall have a sufficient quantity of clean mason jars
and other operating supplies to test the soil. The operator shall take field notes representing
sampling locations and hydrocarbon levels; copies of these notes shall be delivered to the City.
3.0 Dewatering Activities
3.1 There is a history of contamination at this site, and due to the expected high water table, it may be
necessary to conduct dewatering during tank removal and/or installation activities.
3.2 Therefore, your bid shall include the cost of dewatering with a treatment system capable of
removing low levels of petroleum constituents from the groundwater. Your bid shall specifically list
any and all costs, including mobilization and demobilization, daily or weekly rates and laboratory
analysis.
3.3 The City of Clearwater Environmental and Stormwater Management team will secure all permits
including the NPDES permit required for the discharge of produced groundwater from a
contaminated site. Initial laboratory analysis for permit requirements will be conducted by the City
of Clearwater.
4.0 Tank Installation
Three new 10,000 gallon underground fuel storage tanks will be installed in the existing excavation. A Site
Specific Drawing and Tank Specifications will be distributed at the Mandatory Pre-Bid Meeting.
5.0 Electronic Monitoring System
A Ronan TLS-350R UST Monitoring and Leak Detection System With Automatic Business Reconciliation
shall be installed. Ronan SPECIFICATIONS will be distributed out at the Mandatory Pre-Bid Meeting.
6.0 Backfill
6.1 Soils removed from the tank excavation may be used as backfill unless found to be excessively
contaminated with hydrocarbons as defined in Chapter 17-770 of the Florida Administrative Code.
6.2 Excessively contaminated soils shall not be returned to the tank excavation. In these cases, the City
shall supply clean fill or pay a pre-established cost of vendor supplied clean fill for any additional fill
required to replace that identified as excessively contaminated.
6.3 Excessively contaminated soil will be segregated from other soil/fill and demolition debris, and
placed on polyethylene sheeting. Contaminated fill will be covered with polyethylene sheeting well
anchored with rocks and/or timbers. It shall be unacceptable to anchor the sheeting with soil or by
inserting objects through the sheeting. The City shall pay the pre-established cost of vendor-
supplied sheeting, if required. A suitable stockpile site will be agreed upon during the mandatory
pre bid meeting.
6.4 Fill placed in the excavation shall be compacted in l' increments above the storage tanks or in
accordance with tank manufacturer specifications.
6.5 The fill shall be suitably finished at sub-grade to allow for complete site restoration.
7.0 Closure Activities
The need for a complete Closure Report will depend on soil and groundwater conditions and will be
discussed at the Pre-Bid Meeting.
8.0 Regulatory Documents
Contractor shall be responsible for preparation and submittal of all required documents to the appropriate
regulatory agencies. Contractor must provide the City Project Manager with a 'DRAFT" copy of any
documentation or Notification Form prior to submittal to Regulatory Agencies. Submittal will be allowed only
after the documents have been review and approved by the City of Clearwater Project Manager.
9.0 Site Restoration
9.1 Contractor will be responsible for all excavation, backfilling and restoration of paving.
9.2 For the purpose of this procurement, replacement paving will be required. The standard for re-
paving shall be no less than those required in the Tank Manufacturers' specifications.
9.3 Replacement paving will be installed by using materials and methods equivalent to those used to
install the pavement that was removed. The appearance and performance of the replacement
paving must equal, or exceed, that of the original pavement.
9.4 Contractor will remove all debris resulting from the tank excavation and tank installation prior to
vacating the worksite, including personal refuse such as soft drink cups and fast food wrappers.
Section 3
BID SUMMARY PAGE
SEPT 23, 2005
Formal Bid Opening
Purchasing Department
100 South Myrtle Avenue, Third Floor
Clearwater. Fl 33756 at 11 :00 AM
UST REMOVAL & INSTAllATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
Please attach a Scope of Work, as to how your Company intends to complete this project, including a complete
timeframe. Include the type of equipment (tanks, sumps and piping) and copies of Manufacturers Specifications for
products you intend to use to complete this project.
10% CONTINGENCY
$
$
$
LUMP SUM - NOT TO EXCEED:
TOTAL
NOTE: PLEASE SUBMIT THREE (3) COMPLETE COPIES OF YOUR BID
(ONLY ONE SET OF MANUFACTURERS SPECIFICATIONS)
NO CHANGES REQUESTED BY A BIDDER DUE TO AN ERROR IN PRICING WILL BE CONSIDERED AFTER
THE BID OPENING DATE AS ADVERTISED. BY SIGNING THIS PROPOSAL FORM BIDDERS ARE ATTESTING
TO THEIR AWARENESS OF THIS POLICY.
PAYMENT DISCOUNT TERMS:
PERSON TO CONTACT AFTER AWARD OF BID:
% DAYS NET
BIDDER NAME
ADDRESS
CITY, STATE, ZIP
PHONE
FAX
AUTHORIZED SIGNATURE
PRINT NAME AND TITLE
Section 4
I ADDENDUM ACKNOWLEDGMENT FORM
UST REMOVAL & INSTALLATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
ADDENDUM NO.1
Signature
ADDENDUM NO.2
Signature
ADDENDUM NO.3
Signature
Section 5
STATEMENT OF NO BID
UST REMOVAL & INSTAllATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
NOTE: If you do not intend to bid on this project, please return this Statement of No Bid immediately. Thank you.
City of Clearwater Purchasing Department
100 S. Myrtle Avenue, Third Floor, Suite 300
Clearwater, Florida 33756 . 5520
We, the undersigned have declined to bid your Bid No. 41-05 for UST REMOVAL & REPLACEMENT
o Specifications too "tight", Le., geared toward one brand or manufacturer only (explain below).
o Insufficient time to respond to the Invitation to Bid.
o We do not offer this product or service.
o Our schedule would not permit us to perform.
o Unable to meet specifications.
o Unable to meet Bond requirement.
o Specifications unclear (explain below).
o Unable to Meet Insurance Requirements
o Remove Us from Your "Bidders List" Altogether
o Other (specify below).
REMARKS:
We understand that if the "Statement of No Bid" is not executed and returned, our name may be deleted from the
City of Clearwater Bidders List.
COMPANY NAME:
NAME:
SIGNATURE:
TELEPHONE:
E-MAIL ADDRESS:
DATE:
Attachment A
COMPANY PROFILE
UST REMOVAL & INSTAllATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
THE FOLLOWING INFORMATION MUST BE SUBMITTED FOR YOUR PROPOSAL TO BE CONSIDERED.
COMPANY NAME:
BUSINESS STREET ADDRESS:
CORPORATE/HOME OFFICE ADDRESS:
LENGTH OF TIME IN BUSINESS:
LENGTH OF TIME IN PRESENT LOCATION:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
TOTAL NUMBER OF CURRENT EMPLOYEES:
FULL TIME
PART TIME
NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT:
HAS YOUR FIRM HAD ANY WORKERS COMPENSATION CLAIMS IN THE PAST 5 YEARS:
If so, explain
CLAIM # OF PEOPLE NATURE OF INCIDENT & TYPE OF INJURY SETTLEMENT
DATE INJURED INFORMATION
HAS YOUR FIRM HAD ANY POLLUTION LIABILITY CLAIMS IN THE PAST 5 YEARS: _ If so, explain
CLAIM CONTAMINATED NATURE OF INCIDENT & EXTENT OF CONTAMINATION SETTLEMENT
DATE MEDIA INFORMATION
Attachment B
REFERENCES
UST REMOVAL & INSTAllATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
List six (6) lOCAL references for whom your firm has performed similar contract services within the past 48
MONTHS. Specifically, any marinas where similar work has been completed within the past 36 MONTHS should be
included:
1)
Company:
2)
Company:
Address:
Address:
Telephone/Fax:
Telephone/Fax:
Contact:
Contact:
Start Date:
Completion Date
Start Date:
Completion Date
3)
Company:
4)
Company:
Address:
Address:
Telephone/Fax:
Telephone/F ax:
Contact:
Contact:
Start Date:
Completion Date
Start Date:
Completion Date
5)
Company:
6)
Company:
Address:
Address:
Telephone/Fax:
Telephone/Fax:
Contact:
Contact:
Start Date:
Completion Date
Start Date:
Completion Date
Attachment C
LIST OF SUB-CONTRACTORS
UST REMOVAL & INSTAllATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
SUB-CONTRACTOR CONTACT NAME & GOODS OR SERVICES
NAME & ADDRESS PHONE NUMBER TO BE USED
Attachment D
INSURANCE AND INDEMNIFICATION REQUIREMENTS
UST REMOVAL & INSTALLATION
CLEARWATER MUNICIPAL MARINA
CLEARWATER, FLORIDA
BID #: 41-05
If selected to enter into a written Agreement, Contract, or Purchase Order with the City of Clearwater for
the Scope of Work described in Bid #41-05, I (Printed Name),
representing (Company) as its (Title),
do hereby certify by signature below that the expected insurance requirements as contained herein will be
obtained for the period of performance outlined in Bid#41-05.
MINIMUM INSURANCE REQUIREMENTS
A. Before Contractor is entitled to commence any work or provide services to the City they shall provide the
City with a certificate or certificates of insurance showing the existence of the coverage required by this Bid.
Said insurance shall be evidenced by delivery to the City of (1) certificates of insurance executed by the
insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or
not required by the City, and listing all carriers issuing said policies; and (2) upon request, a certified copy of
each policy, including all endorsements.
B. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the
term stated in the proposal. In addition, the City reseNes the right to request physical evidence of this
coverage by requesting the policy declaration page.
C. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be
provided to the City whenever any policy is renewed, revised, or obtained from other insurers.
D. Contractor shall procure, pay for and maintain at least the following insurance coverage and limits:
1) Comprehensive Business Automobile & Truck Liabilitv Insurance covering owned, non-
owned and hired vehicles and providing Bodily Injury Liability and Property Damage
Liability in the amount of at least $1,000,000.
2) Worker's Compensation in at least the limits as required by law; Employers' Liability
Insurance of not less than $100,000 for each accident
3) Comprehensive General Liabilitv Insurance on an "occurrence" basis in an amount not less
than $1,000,000 combined single-limit Bodily Injury Liability including Death and Property
Damage Liability, said coverage to include contractual liability, products liability/completed
operations coverage and damages resulting from explosion, collapse for loading and
unloading hazards, or underground exposures.
4) Pollution Liabilitv Insurance coverina contractor and anv subcontractors with minimums
i. $2,000,000 each occurrence
ii. Combined Single Limits of not less than $5,000,000
E. Each insurance policy shall include the following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to expiration, cancellation, non-renewal or any
material change in coverage or limits, a notice thereof shall be given to the City of Clearwater by
certified mail to: City Purchasing Department, 100 S. Myrtle Avenue, Clearwater, Florida 33756.
.
~'
Contractor shall also notify the City, in a like manner, within twenty-four (24) hours after receipt, of
any notices of expiration, cancellation, non-renewal or material change in coverage received by said
Contractor from its insurer; and nothing contained herein shall absolve Contractor of this
requirement to provide notice.
(2) Companies issuing the insurance policy, or policies, shall have no recourse against the City for
payment of premiums or assessments for any deductibles which all are at the sole responsibility and
risk of Contractor.
(3) The term "City" or "City of Clearwater" shall include all Authorities, Boards, Bureaus, Commissions,
Divisions, Departments and offices of City and individual members, employees thereof in their
official capacities, and/or while acting on behalf of the City of Clearwater.
(4) The City of Clearwater shall be endorsed to the required policy or policies as an Additional Insured.
(5) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City
to any such future coverage, or to City's Self-Insured Retentions of whatever nature.
INDEMNIFICATION: Contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold
harmless the City from any and all claims, actions, suits, judgments and liability for death, personal injury, bodily
injury, or property damage arising directly or indirectly from the performance by the applicant, its employees,
subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it
is solely responsible for complying with the terms of this Sid Request.
(Company) is able to meet and will secure the above listed insurance
coverage for Bid # 41-05 if selected by the City of Clearwater for this project.
Name (Print)
Date
Signature
Title
Failure to include this document in your submittal may, at the sole option of the City, disqualify your firm
from providing services and/or products to the City of Clearwater for Bid #41-05.
ater
City Council
Cover Memorandum
EN3-~
\ \. C'\
Tracking Number: 1,679
Actual Date: 11/16/2005
Subject / Recommendation;
Award a contract for the 2005 Drainage Improvements Project (05-0001-EN) to Rowland Inc. of
Pinellas Park, Florida for the sum of $623,490.46 which is the lowest responsible bid received in
accordance with the plans and specifications and authorize the appropriate officials to execute
same. i
Summary:
The work to be performed in this contract will include:
Approximately 650 linear feet of storm sewer conveyance system and associated utility
relocations on North Clearwater Beach at Bruce Ave. and Laurel St. The present storm system is
made up of undersized and dilapidated pipe that is in need of repair.
Regrading of 3 street intersections that presently have a wide area of standing water after a rain
event. This will be accomplished by the construction of new 4 feet wide swale curb and
replacement of existing curb and gutter.
Replacement of approximately 9000 linear feet of deteriorated underdrain systems along various
city roadways. Underdrain pipe drainage systems are constructed adjacent to roadways to
intercept groundwater before it can infiltrate and damage roadway base.
It is anticipated that no complete road closures will be required.
This project will commence after award and execution of the contract and will be completed in
150 calendar days.
Sufficient budget and revenue are available in the amount of $265,858.73 in project
0377-96124, Storm Pipe System Improvements, and $357,631.73 in project 0315-92266,
Streets, Sidewalks and Bridges, to fund this contract.
Copies of the contract are available for review in the Official Records and Legislative Services
Office.
Originating: Engineering
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? Yes
~~
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City Council
~"""'"= Ag,,!!!da c~,~..~!==~~~temora n~!I m. m",","W-='W"''"'''''W
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$623,490.46
Annual Ooerating Cost:
$0.00
For Fiscal Year:
10/04/2005 to 09/30/2006
Total Cost:
$623,490.46
Appropriation Code(s)
0377-96124-563700-539-000
0315-92266-563700-541-000
Amount
$265,858.73
$357,631.73
Comments
Review Approval
Michael Ouillen
Garry Brumback
10-27-2005 14:01:30
11-03-2005 13:11:41
11-03-2005 16:25:09
11-01-2005 13:05:23
11-03-2005 17:09:53
11-02-2005 07:44: 12
11-03-2005 14:40: 14
Brvan Ruff
Bill Horne
Georae McKibben
Cvndie Goudeau
Tina Wilson
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City Council
Cover Memorandum
ENG, - 5
\\ .\0
Tracking Number: 1,684
Actual Date: 11/16/2005
Subject / Recommendation:
Approve and accept the terms and conditions of that General Utility Easement Pinellas County, a
political subdivision of the State of Florida, proposes to grant to the City of Clearwater to
encumber a 15,000 square foot parcel of land lying within Section 4, Township 29 South, Range
16 East, Pinellas County, Florida, to be used as the site for the Drew/Union reclaimed water
booster pump statioin and authorize appropriate officials to execute same.
Summary:
The City's Drew/Union Reclaimed Water Extension project requires construction of a Booster
Pump Station ("BPS") to effectively deliver reclaimed water to the Drew/Union Street service
area established in the City's Reclaimed Water Master Plan.
Pinellas County owns and maintains a 4.79-acre stormwater retention area at the southwest
corner of Union Street and McMullen Booth Road. Responsible County staff has worked closely
with the City and its design consultant to develop plans for constructing the proposed 1820
square foot BPS structure and related facilities to be located within the proposed 100' X
150'easement at the southeast corner of the retention pond parcel.
The County Real Estate Administrator has prepared and provided documentation for the County
Administrator to convey the subject General Utility Easement to accommodate construction of
the BPS.
A County Planning and Zoning Examiner's Hearing was held on October 6, 2005 to consider the
City's Conditional Use Application to construct the BPS. County staff appeared supportive and
anticipates the Board of County Commissioners to have reviewed and approved the application
at its November 15th meeting.
Following approval and acceptance of the terms and conditions of the General Utility Easement
by the City, it will be returned to the County for execution by Steve Spratt, County
Administrator.
A copy of the easement documentation is available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
financial Information:
Review Approval
Andv Neff
10-18-2005
13:20:10
.~.~
u.~ _~.,,"'=~~,~!! Co~~"~,,M,~,,!!!!:!E!!,~du !!!",.."".,.,...,.<_",...,.".".,
City Council
Cvndie Goudeau
11-03-2005 17:06:31
Michael Ouillen
10-21-2005 13:24:50
Garrv Brumback
11-03-2005 13:10:06
Laura Lipowski
10-31-2005 10:55:39
Bill Horne
11-03-2005 16:31 :43
Prepared by and return to:
James R. Meloy, Real Estate Division
509 East Avenue South
Clearwater, FL 33756
?--.e.'. tf..:)6-\ ~c~
~: \\.\()
GENERAL UTILITY EASEMENT
THIS GENERAL UTILITY EASEMENT, made this _ day of
,200_
between PINELLAS COUNTY, Attention Public Works Real Estate Division, whose address is 509
East Avenue South, Clearwater, Florida 33756-5165, a political subdivision of the State of Florida,
hereinafter referred to as "County" and the CITY OF CLEARWATER, FLORIDA, Attention the
Public Utilities Department, whose address is 100 South Myrtle Avenue, Clearwater, Florida 33756,
a political subdivision of the State of Florida, hereinafter referred to as "City".
WITNESSETH
THAT THE COUNTY, for and in consideration ofTen and 001100 Dollars ($10.00), the
receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City, its
successors and assigns, a permanent General Utility Easement over that portion of that certain
property which is owned by County located in Pinellas County, Florida, said property being more
particularly described in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to
as "Easement".
TO HAVE AND TO HOLD said Easement unto the City forever, subject to the following
conditions:
1. The County hereby warrants and covenants (a) that it is the owner of the fee simple
title to the property in which the above described Easement is located and (b) that the County has full
right and lawful authority to grant and convey this Easement to the City.
2. The rights herein granted to the City by the County specifically include; (a) the right
to install, inspect, maintain, and repair all current and future Utility Booster Station Facilities under,
over and upon the Easement; (b) the right for the City to clear the Easement of trees, limbs,
undergrowth and other physical objects which may endanger or interfere with the safe and efficient
installation, operation or maintenance of the utility systems.
3. The grant of this Easement may allow the County quiet enjoyment of the Easement to
the extent that such use does not interfere with rights granted herein.
4. Except for those acts reasonably necessary to accomplish the purposes of this
Easement, the City also covenants not to do any acts or things, which it could reasonably expect to
cause damage to County's property. With respect to any person not a party to this Easement this
paragraph should not be construed as a waiver of any defense or limitation available to the County or
City, pursuant to Section 768.28, Florida Statutes, as now in effect, or as may be amended from time
to time.
5. The City will be held fully responsible to restore any County assets that are damaged
directly or indirectly by construction and/or operation ofthe City's facility, including any accidental
discharges. The City will protect the County from any claims of damage caused by this facility
involving non-County assets. However, nothing contained herein shall be construed to waive or
modify the provisions of Section 768.28, Florida Statutes, or the doctrine of sovereign immunity as
to any party hereto. In addition, nothing contained herein shall be construed as consent by the City to
be sued by third parties, or as a waiver of sovereign immunity.
COUNTERSIGNED:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II
City Manager
Frank V. Hibbard
Mayor
Approv~d.\ as to form:
qA--.
Laura'Lipowski
Assistant City Attorney
Attest:
By:
Cynthia E. Goudeau
City Clerk
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
COUNTY:
PINELLAS COUNTY, FLORIDA
WITNESSES:
By:
Stephen M. Spratt, County Administrator
Print Name:
Print Name:
2
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
by Stephen M. Spratt, who is personally known to me.
day of
,200_
NOTARY
SEAL
My Commission Expires:
NOTARY
Print Name:
Commission Number:
F:\Documents\Real Estate DivisionlRED Staff ProjectslSonnylCity of ClearwaterlGeneral Utility Easement 9-15-05.doc
3
PINELLAS COUNTY PUBLIC WORKS
DIVISION OF SURVEY AND MAPPING
22211 U.S. HIGHWAY 19 N.
CLEARWATER, FLORIDA 33765-2347
SECTION(S) 04, TOWNSHIP 29 SOUTH, RANGE 16 EAST
Additions or deletions by other than the Professional land Surveyor in responsible charge is prohibited.
land Description is invalid without signature and/or embossed seal of the Professional land Surveyor
DESCRIPTION
Pinellas
(ounty
PUBLIC WORKS
A portion of lands, as conveyed to Pinellas County, a political subdivision of the State of
Florida, according to STIPULATED FINAL JUDGMENT, Circuit Civil No.: 92-4243-CI-16, recorded in
O.R. 8360, Pages 1848-1856, Parcel Nos. 419.1-R3 and 420.1 -R3, public records of Pinellas
County, Florida, lying within Section 4, Township 29 South, Range 16 East, Pinellas County,
and being described as follows:
The South 100 feet of the North 569 feet of the West 1 50 feet of the East 250 feet
of the Northwest 1/4 of the Northwest 1/4 of said Section 4.
CONTINING: 15,000 square feet or 0.344 acres M.O.L.
DATE 'i / Z 7.1 D 5
IFICATE NUMBER: 4238 SEAL
CHECKED BY:
e.G.
under my supervision and is true and
CALCULATED BY:
dwb
S.F.N.:
0067
EXHIBIT
SHEET 1 OF 1
CHARLES N. GIBSON JR.,
STATE OF FLORIDA, PHONE
A
Parcel No.: P301-R
EXHIBIT "A"
SECTION 4 TOWNSHIP 29. SOUTH - RANGE 16 EAST
PINELLAS COUNTY, FLORIDA
Lo~~cicd <sx R
1<6::', ENg 5
+NORTHERLY BOUNDARY OF SECTION 4-29-167
~ _ _ _ _ _S..]9'59'17" E _ _ ~
~ 1232.45'
\ POINT OF COMMENCEMENT U N ION S T R E E T
\.- NORTHWEST CORNER OF
SECTION 4-29-16
SOUTHERL Y R/W OF UNION STREET
NORTHEAST CORNER OF PARCEL
NO. 04-29-16-00000-220-0110
PARCEL NUMBER
04-29-16-00000~220-0110
PER PINELLAS COUNTY
PROPERTY APPRAISER'S OFFICE
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~1vH<IM&CREED
1365 Hamlet Avenue
Clearwater. Florida, 33756
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. L86566
Internet Site: http://www.mckimcreed.com
GENERAL UTILITY EASEMENT
NOT A SURVEY
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00992-0084
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City Council
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Tracking Number: 1,715
Actual Date: 11/16/2005
Subject / Recommendation:
Approve the final plat for "VENETIA COVE" located approximately 400 feet west of Fort Harrison
Avenue at 308 Venetian Drive.
Summary:
* This is a replat of lots 7 thru 9 and part of lot 10, Marshall and Brandon's Sub., and lot 10
block 20 Magnolia Park. This site consists of approximately 0.92 Acres.
* The property is within the city limits of Clearwater.
* The final plat will create 6 Townhome lots.
* The proposed project was approved by DRC on September 9th, 2005
* The property is zoned as MDR (Medium Density Residential)
* A copy of the plat is available for review at Official Records & Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Plat Files
Public Hearing: No
Financial Information:
Review Approval
Glen Bahnick 10-25-2005 15:57:23
Garrv Brumback 11-03-2005 09: 18: 14
Michael Ouillen 10-25-2005 16:41:12
Bill Horne 11-03-2005 16:37:04
Cyndie Goudeau 11-03- 2005 17:03:21
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City of Clearwater
Public Works Administration 1 Engineering
Venetia Cove
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Drawn By: S.K.
Grid # 259B
Reviewed By: T.M. Scale: N.T.S
S - T - R 04-29s-15e Date: 10/25/05
------
City Council
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Tracking Number: 1,646
Actual Date: 11/16/2005
Subiect / Recommendation:
Approve the Cooperative Funding Agreement between the Southwest Florida Water Management
District (SWFWMD) and the City of Clearwater for funding the Alligator Creek Implementation
Projects, Phase III, Channel F (L552) in the amount of $1,000,000 and authorize the appropriate
officials to execute same. 1- !
Summary:
The Comprehensive Watershed Management Plan for the Alligator Creek Watershed (June 1997)
developed in cooperation with Clearwater, Pinellas County, Safety Harbor and SWFWMD
prioritized projects for implementation.
The following projects that have been completed to date:
Stabilization of Alligator Creek Channel B between SR590 and Moccasin Lake Park
Moccasin Lake Park Sediment Sump and Rehydration
Cliff Stephens Park Dredging and Sediment Sump
Widening Channel A between N.E. Coachman and Old Coachman Road
The Kapok Wetland and Floodplain Restoration Project is currently under construction,
The following projects are currently in the design and permitting phase:
Widening Channel A between N.E. Coachman and U.S. 19
Bypass channel from Channel A to the Solid Waste Station Treatment Pond
Larger Culverts at the Entrance Road to the Waster Transfer Station
Replace Bridge at Old Coachman Road
Solid Waste Transfer Station Treatment Pond
Channel G Stabilization
SWFWMD has provided funding for all of the previous projects and continues to support the City in
its effort to implement the projects in the Management Plan.
SWFWMD has committed funding in the amount of $1,000,000 for design permitting and
construction of Channel F Channel Improvements.
The Agreement requires that construction commence by December of 2006 and be completed
within one year.
A first quarter amendment will increase the budget only by $250,000.00 for SWFWMD (337900)
funding for construction in Capital Improvement Program (CIP) project 0315-96154, Alligator
Creek Drainage Improvement. Total budgeted SWFWMD funding in 0315-96154 will be
$3,500,000.00,
An additional first quarter amendment will transfer $770,581.66 of budget and Stormwater
(388419) revenue from the CIP project 0315-96120, Alligator Creek Implementation Design, to
0315-96154, Alligator Creek Drainage Improvement, to provide sufficient funding for the City's
50 % share of this increase to the agreement.
A copy of the Agreement is available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
City Council
~genda ~f?ver Memorandum,=,
Section: Consent Agenda
Cateqorv: Agreements/Contracts - with cost
Financial Information:
Budqet Adiustment:
Yes
Budget Adiustment Comments:
See summary
Review Aoproval
Michael Ouillen
Leslie Dougall-Sides
10-19-2005 11 : 11 : 08
11-02-2005 15:27:38
11-07-2005 10: 51 :35
10-19-2005 14:50:43
11-07-2005 09:55:25
10-19-2005 15:45:00
11-07-2005 10:58:22
Cvndie Goudeau
Bill Horne
Tina Wilson
Garrv Brumback
Sue Diana
Location Map
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City of Clearwater
Public Works Administration 1 Engineering
Alii ator Creek Channel F
Improvement Project
Reviewed By: TF. Scale: N. TS.
S - T - R 7-29s-16e Date: 10/11/05
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AGREEMENT NO.
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE .
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK WATERSHED IMPLEMENTATION PROJECTS,
PHASE III, CHANNEL F (L552)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Rodda, whose address is 2379 Broad Street, Brooksville, Florida 3460+6.899, for
its~lf and on behalf of the Pinellas-AncloteRiver Basin Board, hereinafter collectively referred
to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of
Florida, Whose address is 112 South Osceola Avenue, Post Office Box 4748 CI.earwater,
Florida 33758-4748. hereinafter referred to as the "CITY,"
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under
the .DISTRICT's cooperative funding program; and
WHEREAS, the project consists of implementing Best Management Practices (BMPs) in
Ch.annel F of the Alligator Creek Watershed, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the
CITY in funding the PROJECT,
. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual tem'ls,
covenants and conditions set forth herein, agree as follows:
1, . PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager, Project Managers Will assist with
PROJECT coordination and will be each partYs prime' contact person, Notices and
reports will be sent to the attention of each party's Project Manager by U.S, maU.
postage paid, to the parties' addresses as set forth in the introductory paragraph of this
Agreement.
Project Manager for the DISTRICT:
Project Manager for the CITY:
Richard Mayer
Terry Finch
Any changes to the above representatives or addresses must be provided to the other
party in writing,
Page 1 of7
f
1.1 The DISTRICT's Project Manager is hereby authorized to approve requests to
extend.a PROJECT task deadline set forth in this Agreement. Such approval must
be in writing. explain the reason tor the extension and be signed by the Project
Manager and his or her Department Director, or Deputy Executive Director if the
Department Director is the Project Manager, The DISTRICT's Project Manager is
not authorized to approve any time extension which will. result in an increased cost
to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4,
Contract Period.
1,2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the
Project Budget contained in the Proposed Project Plan set forth in Exhibit "B" or, If
applicable, the refined budget as set forth in Paragraph 3,1 below, The adjustment
must be in writing. explain the reason for the adjustment, and be signed by the
Project Manager, his or her Department Director and Deputy Executive Director.
The DISTRICT's Project Manager is not authorized to make changes to the
Proposed Project Plan. except as proVided herein, and is not authorized to approve
any increase in the not-to-exceed amount set forth in the funding section of this
Agreement.
2, SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT. the
CITY agrees to perfonn the services necessary to complete the PROJECT in
accordance with the Special Project Terrnsand Conditions set forth in Exhibit IlA" and
the Propo.sed Project Plan set forth in Exhibit IIB.II Any changes to this Scop.e of Work
and associated Cdsts, except as proVided herein, must be mutually agreed to in a formal
written amendment approved by the DISTRICT ~lnd the CITY prior to being performed
by the CITY. subject to the proVisions of Paragraph 3. Funding, The CITY will be solely
responsible for managing the PROJECT. including the hiring and supervising of any
consultants or contractors it engages in order to complete the PROJECT,
3, FUNDING, The parties anticipate that the total cost of the PROJECT will be Two Million
DoUars ($2.000.000), The DISTRICT agrees to fund PROJECT costs up to One Million
Dollars ($1,.000.000) and will have no obligation to pay any costs beyond this maximum
amount. The CITY agrees to fund PROJECT costs up to One Million Dollars
($1.000,000) and will be responsible for all costs in excess of the anticipated total
PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT
Cdsts prior to requesting reimbursement from the DISTRICT.
3,1 The DISTRICT will reimbur$e the CITY for the DISTRICT's share of the PROJECT
costs in accordance with the Project Budget contained in the Proposed Project
Plan set forth in Exhibit liB," The CITY may contract with consultant(s) or
contractor(s}or both in accordance with the Special Project Terms and CondiUons
set forth in Exhibit -A.- Upon written DISTRICT approval. the budget amounts for
the work set forth in such contract(s) wiU refine the amounts set forth in the Project
Budget and be incorporated herein by reference. The DISTRICT will reimburse the
CITY for 50 percent of all allowable costs in each DISTRICT approved invoice
received from the CllY. but at no point in time will the DISTRIC"rs expenditure
amount under this Agreement exceed expenditures made by the CITY.. Payment
pag$ 2 of7
~
will be made to the CITY in accordance with the Florida Prompt Payment Act, Part
VII of Chapter 218, Florida Statutes (F.S,), upon receipt of an invoice, With the
appropriate support documentation, which will be submitted to the DISTRICT
monthly at the following address:
Accounts Payable Section
SOuthwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The Project Budget inctudes any travel expenses which may be authorized under
this Agreement and reimbursement will be paid in accordance with Section
112.,061, F,S" as may be amended from time to time, and District Procedure 13-5,
attached hereto as Exhibit "C."
3.3 The CITY will not use any DISTRICT funds for any purposes not specifically
identified in the above Scope of Work, .
3.4 Eaoh CITY invoice must include the following certification, and the CITY hereby
agrees to delegate autho.rity to its Project Manager to affirm said certification:
. "I hereby certify that the costs requested for reimbursement and the CITY's
matChing funds, as represented in this invoice, are directly related to the
. performance under the Alligator Creek Watershed Implementation Projects,
Phase III, Channel F (L552) agreement between the Southwest Florida Water
Management District and the City of Clearwa.tel' (Agreement No.
), are allowable, allocable, proper1y documented, and are in
accordance with the approved project budget."
3.5 The DISTRICT will have no obligation to reimburse the CITY for any costs under
this Agreement until construction of the PROJECT has commenced.
3.6 The DISTRICT's performance and payment pursuant to this Agreement is
contingent upon the DISTRICT's Goveming Board appropriating funds for the
PROJECT.
4, CONTRACT PERIOD. This Agreement will be effective upon execution by all parties
and wUlremain in effect through May 15, 2008, unless terminated, pursuant to
Paragraph 3.6 above or Paragraph 9 below, or amended in writing by the parties,
5, PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the
other party. to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT, Each party will maintain all such records and
documents for at least three (3) years following completion of the PROJECT, All
records and documents generated or received by either party in relation to the
PROJECT are subject to the Public Records Act, Chapter 119, F .S,
Page 3 of 7
'6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All doouments, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or
products, including intellectual property and rights thereto, purchased under this
Agreement with DISTRICT funds or developed in connection with this Agreement will be
and will remain the property Of the DISTRICT,
7, REPORTS, The CITV will provide the DISTRICT with copies of any and all reports,
modelS, studies, maps or other documents resulting from the PROJECT.
8, LIABILITY, Each party hereto agrees to indemnify and hOld the other harmless, to the
extentaHowed under Section 768.28, F .S" from all claims, loss, damage and expense,
including attorney fees and costs and attomey fees and costs on appeal, arising from
the negUgentacts or omissions of its officers, emplOyees, contractors .and agents related
to its performance under this Agreement. Nothing herein shall be deemed a waiver,
expreSs or implied, of either party's sovereign immunity under Section 768,28, F.S,
9, DEFAULT. Either party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, as long as the terminating party is
not in default of any term or condition of this Agreement. To initiate termination, the
terminating party must provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing all terms and conditions with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement will
automatically terminate.
10. RElEASE OF INFORMATION. The parties agree not to initiate any oral or written
media interviews or Issue press releases on or about the PROJECT without providing
advance notices or copies to the other party, This provision will not be construed as
preventing the parties from complying with the public records disclosure laws set forth in
Chapter 119, F ,S,
11, DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if
applicable., Basin Board funding in any reports, models, studies, maps or other
documents resulting from this Agreement, and the form of said recognition will be
subject to DI.STRICT approval. If construction is involved, the CITY will providesignage
at the PROJECT site that recognizes funding for this PROJECT provided by the
DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT
written approval as to form, content and location, and must be in accordance with local
$ign ordinances.
12. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local
government approvals and all real property rights necessary to complete the PROJECT
prior to commencing any construction involved in the PROJECT, The DISTRICT will
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained such permits and rights and construction has commenced.
Page 4of7
..
13. LAW COMPLIANCE. Each party will comply with all applicable federal. state and local
laws. rules, regulations and guidelines, related to performance under this Agreement.
14, COMPLIANCE WITH DISTRIGT RULES & REGULATIONS, If the PROJECT involves
design ser\lices. the CITY's professional designers and the DISTRICT's regulation and
projects staff will meet regularly during the PROJECT design to discuss ways of
ensuring that the final design for the proposed PROJECT technically complies with all
applicable DISTRICT rules and regulations.
15, DIV~RSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is
committed to supplier diversity in the performance of all contracts assoCiated with
DISTRJCT cooperative funding projects, The DISTRICT requires the CITY to make
good faith efforts to encourage the participation of minority- and woman-owned business
enterprises. both as prime contractors and sub-contractors, in the. performance of this
Agr.eement. in accordance with applicable laws.
15.1 If requested, the DISTRICT will assist the CITY by sharing information to help the
cooperator in ensuring that minority- and woman-owned businesses are afforded
an opportunity to participate In the performance of this Agreement
15.2 The CITY agrees to provide to the DISTRICT, upon final completion of the
PROJECT, a report indicating all contractors and sub-contractors who performed
work in association with the PROJECT, the amount spent with each contractor or
sub-contractor. and whether each contractor or sub-contraclor was a minority- or
woman-owned business enterprise, If no minority- or woman-owned business
enterprises were used in the performance of this Agreement, then the report shall
so indicate,
16. ASSIGNMENT, No party may assign any of its rights under this Agreement,including
any operation or maintenance duties related to the PROJECT, voluntarily or
involuntarily, whether by merger,. consolidation, dissolution, operation of law, or any
other manner without the prior written consent of the other party. In the event of any
purported assignment of rights in violation of this section, the parties agree that this
Agreement shall terminate and is void. .
17, SUBCONTRACTORS. Nothing in this Agreement will be construed to .create, or be
Implied to create, ant relationship between the DISTRICT and any subcontractor of the
CITY,
18, THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit
any person or entity not a party to this Agreement.
19, LOBBYING PROHIBITION, Pursuant to Section 216,347, F,S,. the CITY is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying the
Legislature, the judiCial branch or a state agency.
Page 5 of 7
20. P~BLIC E~TITY CRIMES. Pursuant to Subsections 287,133(2) and (3). F,S;. a pers.oA
or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply ona contract to provide any
goods or services to a public entity; may not submit a bid, proposal. or reply on a
contract with a public entity for the construction or repair ofa public building or public
Work; may not submit bids. proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a Cd(ltractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with
any publiC entity in excess of the threshold amount provided in Section 287,017, F.S.,
for Category Two. for a period of 36 months following the date of being placed on the
convicted vendor list. CITY agrees to indude this provision in all subcontracts issued as
a result of this Agreement.
21. DISCRIMINATION, Pursuant to Subsection 287,134(2)(a), F.S,. an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid, proposal,or
reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or pUblic work: may not submit bids, proposalS. or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contraet with any publiC entity; and may
not transact business with any public entity, CITY agrees to include this provision in all
subcontracts issued as a result of this Agreement.
22. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
nerein, may be amended only in writing, signed by all parties to this Agreement.
23. DOCUMENTS, The following documents are attached and made a part of this
Agreement. In the event of a contlietof contract terminology, priority will first be given to
the language in the body of this Agreement. then to Exhibit "A," then to Exhibit "C," and
then to Exhibit "B."
Exhibit "A"
Exhibit "B"
Exhibit "C"
Special Project Terms and Conditions
Proposed Project Plan
District Travel Procedure 13-5
The remainder of this page intentionally left blank,
Page6of7
IN WITNESS WHEREOF, the parties hereto, or their laWful representatives, have executed
this Agreement on the day and year set forth next to their signatures below,
Countersigned:
Frank Hibbard
Mayor-COuncilmember
Approved as to form:
Leslie "K. Dougsll~Sides
Assistant City Attorney
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. Moore
Executive Director
CllY OF CLEARWATER
By:
William B. Home II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Date
Date
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND '
CITY OF ClEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS,
PHASE Ill, CHANNEL F (L552)
Page7of7
DISTRICT APPROVAL INITIALS Dt~
LEGAL M 6Wl '2-}0'5
RISK MGMT ~ ' -
CONTRACTS ' ,,4, '1'1 ~
RM DEPT DIR
DEPUTY EXEC OIR .... .. r
GOVERNING BOARD d J..
~.,
AGREEMENT NO.
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1, CONTRACTING WITH CON$ULTANT AND CONT~CTOR. The CITY has engaged
the services of a eonsultant(s), hereinafter referred to as the "CONSULTANT," to
design and may engage the services of a contractor(s), hereinafter referred t08S the
"CONTRACTOR, II to construct the PROJECT in accordance with the Proposed Project
Plan attached as I;xhibit "B." The CITY will be responsible for administering the
contracts with the CONSUL TANT and CONTRACTOR and will give notice to proceed
to the CONSULTANT no later than January 31, 2006,
2. APPROVAL Of CONSTRUCTION BID DOCUMENTS, The CITY must obtain the
DISTRICT's written approval of all construction bid documents prior to being
advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its
approval. The DISTRICT's approval of the construction bid documents, does not
constitute a representation or warranty that the DISTRICT has verified the
architectural, engineering, mechanical, electrical, or other components of the
construction documents, or that such documents are in complianoe with DISTRICT
rules and regulations or any other applicable rules, regulations, or laws. The
DISTRICT's approval will not constitute a waiver of the CITY's obligation to assure that
the design professional performs according to the standards of his or her profession.
The CITY will requite the design professional to warrant that the construction
documents are adequate for bidding and construction of the PROJECT.
3. . DISTRICT REVIEW OF CITY'S SELECTION OF CO~RACTOR. The CITY will
provide the DISTRICT with a tabulation of CONTRACTOR bids and a
recommendation to award. The CITY must obtain the D1STRICrs approval of the
selected CONTRACTOR prior to proceeding withconstructlonof the PROJECT and
the DISTRICT will not unreasonably withhold its approval.
4. .APPROVAL OF CONTRACT, The CITY must obtain the DISTRICrs prior written
approval of all contracts entered into with its CONTRACTORS as referenced above in
item number one of this exhibit. The DISTRICT will not unreasonably withhold its
approval.
5, COMPLETION DAT{:S, The CITY will commence construction on the PROJECT by
Deeember31, 2006 and will complete the PROJECT by December 31, 2007.
However, in the event of any national, state or local emergency which significantly
affects the CITY's ability to perform, such as hurricanes, tornados, floods, acts of God,
acts of war, or other such catastrophes, or other man-made emergencies beyond the
control of the CITY such as labor strikes or riots, then the CITY's obligation to
complete said work within aforementioned time frames will be suspended for the
period of time the condition continues to exiSt. This will be the CITY's sole remedy,
Page 1 of 1
AGREEMENT NO.
EXHIBIT "B"
PROPOSED PROJECT PLAN
Project Desc:rlptlon
FY2006 funding will be used to implement BMPs in Channel F, including design,
development Of construction documents, construction permitting, bidding and contractor
selection, construction of theBMPs and construction engineering and inspection. Refer to
Attaehment 1 for the PROJECT location,
Sc:ope of Work
Key tasks to be performe~ by the CI.TY:
1. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the
approach,schedUle and budget;
2. Prepare a design, Design Report, and Environmental Resource Permit (ERP)
application;
3. Prepare construction documents;
4. Provide the DISTRICT with the Design Report, ERP application, and construction
documents for review,and approval;
5. Bid, select and hire a CONTRACTOR to complete the construction in accordance with
the DISTRICT approved construction documents;
6. Provide construction engineering and inspection services during construction;
7, Monitor all phases of construction by means of survey, observations and materials
testing to give reasonable assurance that the construction work will be performed in
accordance with the approved construction documents set forth in the DISTRICT
approved contract between the CITY and its CONTRACTOR;
B. Provide the DISTRICT with one copy of a summary of the construction quality
assurance data, construction record drawings and permit related submittals; and
9. Any post-PROJECT reporting that may be required by the permitting agencies.
Project Budget
Task # DeSCription
Design, Permitting, and Construction
Documents
CITY
DISTRICT
TOTAL
Total:
$ 110,000 $ 110,000 $ 220,000
$ 890,000 $ 890,000 $1,780,000
$1,000,000 $1,000,000 $2,000,000
1
2 Construction
Page 1 of 3
Project Schedule
Description
Notice to Proceed to Consultant
Task 1 Design and Permitting & Construction Documents
Task 2 Construction
-Commence Construction
Complete Construction
DISTRICT Review of asoobuilt drawings and quality assurance test
results
Completion Dates
January, 31,2006
August 30, 2006
December 31 , 2006
December 31, 2007
March 15, 2008
.* The CITY will be able to apply for reimbursement for costs for performing Task 1 at this
time.
Page 2 of 3
Attachment 1 - L552
CREEK
N
A
Project Area
...
..
J
~
m
"
~
.....
?i
3::
6 ~ A
x L1
Page 3 of 3
..
AGREEMENT NO,
EXHIBIT lie"
PllOCl3JDRE
Sla.l1.....wJSS'l'~ W~'ID~IWlIUIM.O... .
~ ~5 PACi!: 1 all'.
1T1U: DAVlSL
~
. APnCYI:D:
o cI FJ.NANCIAL.JEPOKIINGlFINANCE .
DA.D: 08IJ0I96 ~~~ 13-5 Da:d 06'01196
Tho travel ~ far the Di.sD::t.sbaIl ti1aw p_u"e~q*d tzave;l ~~ __
. ~. ., -= eXt&=at~II!. mdcamplywidl tbe ~ iaIaIt ot~"P". 112 aDd 373.
. FJmida S&tt...-..
AllTJIORlTY '1'O.lMcml ';t'JIAVEL uri:NsI:s: Any tz:avcIcr of tu ~ must be
..~iII..~.tD.__...~ blblpubJio.poIpa *-aha..Pl~1 a~
1D:vd .}.~...; ~..f:1!am; BaIIrd C-<ll:'~ ~ ar Boad PaIicy. . .
,.P11BL1C'PYJlUOSK:. 'I'M public l*JIOIC tat bbVel ia 1hatit..- be 'Get"" .-y.. -.-*1
~. DIitr:Ict.......... '.
A1J'1'JI01217:Jm '1'1I4"V'fa.1P.1IS: A:tJ.y ~ Wba'... a=1\id IIdwace ..wth.;":;.IlIW. in
~"Baad.PoJi&;y 130-510 iD::ur~~~to~ ~,1 ~~ .
'.~quol_~..."M. .
.. . Gc:mItaiDg.Baa Bod"';-'-- .
- ~.'
.' 'W'o-.idivv Dimc:tcr, }.wj...... 'R,v \,~\Ie DircaDr. Depaty ~ m..~ __ ("_1
c~t ,,'
. ~ iuaBol!ld ..;.II__i.wfICplar, ~ <<1ot'>.,y...,~"'1 door.I~ 10 bciu1mel
.-.b.ttt.ir ~cI't1Ic~~'I.mIvwi.,M.&'"iA~'" .
, .
.,,' I
. '('~"'a--F'l"ar~_lpoem."" Wustbe_.d.....;~'b1~~~
~iro,..lIpOQ,~_I;.~~'with Bamm lI-ww._ .
. lDdividDaIa.l.~'I'-#'-d to~ timD aai$a...~" a.....,.~<< ~ar.....8dWay
wn"...--,... ....-m~.. M_ be ~. by 1110 ~ ~ ar'}l~ ~~
DiI:ectIx gcd-ip- ,
TUwL DAY: A.paicd ol~bIr (24) 1Iaa:a ~~ ofibar equal cpl1ea ofm (~
baa:m c:IGh,.. wbiGb.1baD be a _t-d.w day (~pttD ....pliniPt).
'BAVEL PDIOD: 1'he pa:iad bGt__ die time of~.lIi aDd 11M: 1imo of.n:tam. A
~1"U11:btYd peticci ......~ old "ta. aad. "fiaal. paiats1laWledm '* ;,. ~a bRat
iapu jllIM~ .
L
PROCEDURE
SOIJTIlWIIT ILOJI.IIL\WA1D1WfAGIMINT mnmcr
NUMBD: tJ-S 'AOI!:20116
TlTtE: TRAVEL
--~"
APl'1l()QDa .~.
G'iI; FINANCIAL UPOkTINGlflNANCB
DA'DI.08I3OI96 .IVI'DJ~ 13--5 Dat.ecI 06101196
omC14LBE4DQtJARTD8: 'I'bis ia tho office. field ofiico cr 1ccatioII."......... 11
lLOnDAlly uiipecllDd from widell dill porIClIl ~ 1be ~arity of biIIhar dD&tca. Bacb
=ap!oYl'O"o1JiciaI beadquaItea ~ be tbelllDO u that jftdfClted ill tbo .. awbd
"LOCATION:- OIl hiiIher poaiticm dGlcriptiaa, accpt IhIt:
, a) Tho official.~of.~ IocDI iD!be field au betbo cityottoVlll'" to,
. tbclleawhcn tbIl rDIJclrity.orhill'blrwcxt it~ cr" oChar city, towD,ar .. - may
. be -8D*d by.tJIo. ~ pmvidad tbIt ill 111 calli .. detipatioa lDVIt.be ill tJIo beC
iDterIIt oftbeDiatdctad DOtb the COIl'I'GDiace'ottbe employee.
b) WbIlD Illy employee 11 _~ ill my f:ity,1DWD, or JocaIhy for a.pclriad of over 30 ~OQI
WOIkdaya.l1Idllocati'XIlblll bo ...... to bo tboir ofBdal botdquIrten.lDd. tbey UII1 Dat~
allowed pc: diem or IUbIiIteDcc at..tbo IIid pariad of 30 ~nm~<M" workdays_ eltprd
upleas this period of time is meadIlCl by tbo ~. approval of the Bxeeadve Direc:totor
~
c) Whm iD.tM beat iatIIeat. of" J)iaIrict. omplO)'eII may idaI!ify tb8ir haaIII addleD- -point
ofClliJintt ..aIlJ*i1lo..wi padocl ifapprovecl by tbair auperriIar QD the travel audJori~tiOD
form. It it m tba belt __ "'die DiItdct __ the cmp1oyee'a haIu .. ....1IIa poiDt of
~"OIltbanbi.lbeto6::W~ If ~fzomhame 11 fot.tbetGD.~ of
the cP1P1oycc IDd .t\DthCr IRa tbo poiDt of dlaadOli t1laa.tbo aftidal ~ the
~wi1a'be.ltbl..," for 111I caDIItIUCtlw ~ frcm tbe otBcial MIdquIrm to
the point of Md.ti_ (die .... of... two).
,
1'Q ofticill ~ of QovemiDa lad Buill Boud ...,~ II tbeir homo. ~ Board
DJImbera will be IIlimbuneclfclrldUll1QlDl tDp~ haa 1beirhalDo ~ to tbe ~*'"
wbeD traVDJ.iDa OIl ])iatdct.--.. To ...bliI1a Ibe ~ Baud .....11I&)' provide. the
odamater JIIdiDa.filI' arouad trip to 1btir .....~ lQeItiOl(.) foUawiIII bit..trip to that
dcItiDatiaa, IfBolnl ~ .... tboir himDlddnu cll:lziqtbok-.m iQ o1Bc:e, tile mil~p
au be ~by pmvidiDa aRlpl~ ~--nidiaa ;,.m-+i.... the date.... occuaed.
~VEL AUTIIOBIZAUON:. 'lbiI foaD _,,'be UMId. by all Diatrict employeca for ~
CoUowiDI p1Il])OIU:
. To obtain aurborizatioA to awl_ iDcur travel ze1alecl expcaaeI (iDcludoa traiDiDa ...-i0lll
CODduaodat oa.rDiatdct 0"')
. Totequolt ~feepaymaa
. To ncp:at travcl.~
I
I
"
. PROCEDURE
IOIJ'I'JIWIII' Jl.OJUDj, Wj,TJ:a~J)J$T8ICT
:NUM8BR:-I3-SPACJB:,3 of 16
1T1loI: TRAVEL
IICTJ. 0NIlJ.. D~ ........=
A.I'PKOVD: .
.
G. PINANCIAL :a.EPORTlNGlFJNANCE
DA1'It O8I3OI96....ftlf)lS: 13.' Dated 06101/96
T.RA.VIL A,11'IBORIZATlON (CIa.......):
OoVOl'Diaa :ao.m. ~ muIt. _tile trawl ,~~~ 'fclan far prior approval of
IlOIHfW.... .tlavd. oatIida 1M Diatrict iDc!t~1 ~ at.cadnaceI or CClDVCDdou. All
ldaedaIecJ traVel for CJcmmiDcBou'C! 1DfI'Il_ .oatIide tho J)iIcrict iDcludiDa ~at
~ or c:QIWIIIIIioaa RlqUiRI prior IpIlIOYIl tbrouab tho c:oaMDt.... ofa nl&WrmoDtbly
, Gov=iDI BoerclJDMtiDa..
8QiD BQU'd meal_ muat _ tile travclllldlori2atio:a tam for IIior approval of aD tIIvc1
(i~;ftlto GcMni:D&~ JDpiti"p) otbrr1ba1:l1mel to B..m -,"p,
C~ll~ aut .....1bIJl bit IUtbIlIi:IIld u1r&Wlell oflb8l*riet 1DMfcr tile tcrmI of a a3I1tl'Ict
" . or apeemc:Dt eucuted by the ~ Director or ~"'~W1t ~ DDcrcI'.
AdviIoJy committee m~~ IbaI1 be ~. u 1rawka of tile DiItric;t. by blaDbttravol
'&IIdaizaticm wi1b ~ lilt of all iDdiYidullllaloded'by tbI ~ Direcr<< 10 .... OIl tbat'
-;~ Thia1iatiDa IbaIl 'bo.~ bytbe Bucatiw'~~ wIum...,... mmovad
or addod to tbc.Ji& ;
Bmplo,ymaDt _W1~"'-1ix'm_.~<CII'po~.1 pamdaallbaIl be autb~ u tlaWllon
of the J)~ __ .a travel ~1thp~OII foIm JftPIRd Dy tho HumID ItIIoun=oI. J)epIItIMDt
",p...H~tive It the tbD111ravc1~8fth.. JDlIdD. 'lbo Trawl VoudMI' b:Il will_ be
propIRclby tile H~ ~ ~ .~ ill coqjuDctiaD widltbo .lJpoof
~ lipid to by the ~~~,CaJi". will be ubd tD'lipthe .~'Pfi"" aDd
trawl 'lQlJQberfbaDa '1IpOD mivalfbr tbe iDWYJ8w.
Tbe fbnn muat cWluetba pubIta 9IIIPC* lIIIdiDc.lude ~0Il. dItIlI of 1ravel. mode of
tnDIportatiaa, ...-...... .co.t ad nquind Ilt-a-(WII aatbadty -1"...,.. pdar to ~.'~I the
1DWl. . pre.s.L4ecl bID QUIlt bo t,nJad CII'~pI-' iahlk.. A r,qJy of... tUlly ClI'IlCDted 1'JaYQl
~1DUIt be OIL 1110 in.. trIMIIon dIpaJtmal prlar 10 dcpIrture tar all tIawl pUIpOIU
ad l'IID&iD. ClII1 file. far tbo CUIIeat &cal ,... plus aao ,..-.
BI..\.NDT TRAVEL A,Vl1IOIUZATlON: If _ cmployw tlawlllOpIIr1y for WCIIk
~ordato apaticular locatia:t.aimilIr kx:UioaI.a ...... h"ftll1P'~~~ bill IbouId
be c=omplctllCl to 'cQver the cum:at &cat yell' (or mquirad travel pdxlfar the -r"'~ IIId
pIacIcl 011 fiJo iA the FiIlIace'~ l1Ie baa IDilltblt aipacl by the tIaVel.1IId all mquiIed
'PJXOVIl.U1tboritica.
I
I
. .
I't.
I
PR.OCEDlJIlE .
SOIJ'I'BWaT rJ.A)llW,\A WATD IWIfAGDtDTDI.IftICr
NDMBIIR: 13-$ PAG8: __ of 16
UN11NG ar. FINANCIAL IBPORTINGIFlNANCE
DAT&: 08130196 SUPDSIDIIt 13-5 Dated 06101196
BLANKET TRAVEL AOTaOBIZATlON (coatIaud.):
. Tho eompIeteclIravo1811*WP~ClG fonD abI1I i:adi~ au .u aaccIec1. ItatuI.
. Tbe wbite IIIdpiak copiII oItbe nvel "~"OD fOIm IDUIt be submitted to the .Accounts
PayUle ucdoa. oftbeFu.:o:Depa.ttlDlm 1Ir1bl FiD8Dcefile ofleCClld. 'IbI: ~.copy DIIIIt
be ....madintbe tmUln...... file ftJrdle cuaeat.ftIca1)'WpluI CIIe year ill c:ompliao
wi~ the .Stato'~ .Sda.edult
. Each time . Tavel Vovcm. iI aubmiUcd nti""",, . bIIIIket travellUtbarizatica. tho 'traVeIa'
IIlUIt ct4o.:lldCe tbe-TA-tIII#i#i# OIl tile Tmvel VoucbIr form. .
. A muta' bJebt trawl ~.Mn maybe ..dInmtM to COWl' all JocJtiou witbiDtbaDiatDct
bouudariGl. altbouab. tbr ,repIII' W01k ~~" oablde DiItrict bo~ &.Ieparate
'111aDket. tzavel ~ wiJl be requiJed far 'aCh IpClCific locat:ioa.. .
. BIaDbt'tr&Yll ~..ti.do DOt Wi'3llo tbD poW oforipl. Tba CIaVel VQUCbe( ~~
for tbia type of1raWi wiD ~...t dID poiDt of cx:i&iu Ip~ by the 1IUpeIl'Y1Iar.
SlGN.A111U:S DQmDDFOBTBAWL A11'l'BOIUZA'DON: TbI t#W1or'mut;1ip tile
foI:Diin iak IIId .-cum tile AppI~ IIppIIMlI1ltbalUY ...,.--- u mdJ...-f. No cae IDA>'
exon:iIe llip'" autbad"tbr bbIIIeIfar baacI1e ..,1IpJlIvval ofahiaber1lMl of.~ raaIt
be obtaiDed.
. 11U.vw.',~ ~ Baud'lMlJbm (Blqaired for aolHdaedallld trawl outIide DiaIric;t
iDcludiJIa ~~ or COIMDtiaaa aaly)
APPROVAL SlGMATDIt&:uQUIJOI)r Gowmiq BoIrcl ~innml 01' Vice ",.inn_
. TRA nT .~ Buin BOIId ~-'-'(nquinxlmr all travel iD.r.tu~1 GovIDiAa. Bod
moetiDp; uotnqub4 iIr BaiD BoIld ~)
APPROVAL SIGNATURE UQUIUD: Buill SolId r.ha~ E:l-oftlcio arGovcmiaa
BoarCl ~-" or Vu:e t>-""'-
. Tll4VELD.:Eucutiw I.>>inc:U (rcqqind. for tIaveI outIide, the Piatrict bouDdariea aDd to
IUCIId CClIIftnacea. ell' CGIMlIdicD)
APPROVAL SJG1U.~aJ:QOIRED: Go~BoInl n.lIIi__ or Vko Cb--inn-
. 'I'1lA~.~Jlt A~~EV"'UttvtJ)itecg
. APPROVAL SlGNATDU1lBQ1JIBD: Bucutive Director
..
~
PROCEDURE
IOVI'IWII'l'ILOIUDA. WA1'Ia~DIITIICT
NUWBBR: '13.$ .,AGJk, of l'
nn.E: TRAVEL
==~AC
a: FINANClAL lEPOllTINOIFINANCB
DAm 08I3QI96 ItJPDSIPU~ 13-5 Dated 06101196
SlGNA1'UUS REQ1JIRED trOll TRAVEL AlJTBORIZAnON (~.t"II"):
. TRA. WI .R1I,: Deputy ~ DinlctoII. Geaca1 CouaIoJ III.d ~ Oclaa:al
APPROVAL SIGN'ATVREJmQtJIBED: Bra:uDve DinlctIIrar ~..lIhnIt EDcutiw Dinc:tar
. TRAWl .R1I,: AttcmeyI
AJIPROV AI. SIGNATURE RltQ1JJUD: Geaera1CoUDHl
. TltAV&LJCR: Ditectca
. APPROVAL SIGNATURE UQ1JIIlICD: Deputy Exrlcutiw Okccton
. TRAvv.r .'Q,: BmpIOyeU (0GtIid0 the date)
APPIOVALSlGNA.TUUUQUJIID: Supcniionaad~DimctDn.audDcpUy
Bucutivo DiDctoa or 011IIII1 CoaDIeIt adAuiltaDt Eucmive.DiJectar or hit ~.
.
. 'I'U VJCl.'R.! Bmployoel (within .. outIide Diatrict or to CODfcnDQCI or caaVCIIdiaDI)
AftROVAL SIGNATUQ UQt1DID: Supcrviama IIIdpcpartmeDtDin:cton. - Depu&y
Bxecutive DiIectom or GeDma1 CaUDIll
. TRA. VRT :r.R,: BDaployIeI (iuida Diatrict. to ~ or CODVODtioaI)
APpaoVAL SIGHATUB UQ1JIBD: SupIrYiIcn aad DcpEtmaat Dinlctan ell' ~p-
. TRAvn.R'Ro Advitaalllld~
.APPROV~ SIGNATtJD UQ1JIDD: .DepuIy Bucuti've DUeetma
. TRAyRt.'R.'R~ Ad'Yilory eo-niu. ~
APPROVAL SlGNA'l1JR.B UQUDED: BucaUive Dinctot or ~..
. TIlAVRt,R~. ~C~~
AlPllOVAL8IGNATUU DQ1JDlED: DcpEtmaat Oinlctar aftIlr ~l1i...ati<m with
H1IIIIIA bIourceI
TIlA VEL VOUCJD:R:A'1iavd VouchIr fixm IbauId bo complcltccl ~~...,., upon return
lrom . .eUlbI1ecl travel. period to verify aD.mIamd apcIIIClI
A travel VCNCUr bID...Do.1UIImiUDd to .v---* Payable witbirt throe waddq days ofretum
from. trave1period wbIIl eAclYlDco TIIMl Payalllllt" .. beaIlreceivccL
If no .~ Tnve1 ,.,....- baa bola RlCOived. . tra\lel voacb<< foma __ be .1'IJbmiU'e4 to
~ Payablo witbiD thirty dl.ya of ,....~.t..1iaIl. trayel pCocL
.
I
'.
PR.OCEDURE. "
10"..........' ILOIUIlA. WAona IWaGDlEN'l' DISTRIct
NUNBIl!. 13-' pAC)1: 6oft6
TJ1'LD TRA va.
acnONlDD
AIftOVID:
G a. FlNANcw..RBPOI.TINGlFINANCE
DAU:08I3OJ96 1UnIlbDU: 13-S Dated 06101196
TRAVBL VOI1CBD. (~!l'.o;
Tho pe-priIUcl tmol VOUGbclrbm amat bet)'pDd CII' ~ ill iDklDd. ~ "'--t.
(Lo., c:opica oftrawllJtt~(JIJbm,..... ~ fonD, otc.).1IlUIt be ._~ BJaDbc
travel autbadzatioD fanDf 011 fill' 'l! YmaaceDDllt be ICfina&:ecl OIl tho Travel Voucher bypovidiDa
the TA.......
. EadlOllf>oway1ripmutbo......a...._oftbeTrave1 Voucber, Thopob#ofodPI
(from.)1Dd. ~ClIl (to)1DUIt be iDdicatIId.
. Tha ftnt ..... "(OIIe-way trip) ofavel period JD1IIt iDGluda tho lCtU&l.timc ck:paI:W 1iaa1 tbo "
paiDt ofadaiD aad..Jut .... oftbat travelpcriod Dl1IIt abow the time .l<<U1DOot.ad ~
of tIIiaI ~(\!It Hour of..... ad bDar of reQml ., nquiNCI far all trawl pedoda.
()mti~..... tlawlplliacll wouJdzequila ~diq1be time at tho bo&;...IC..otthe fiat ....1Dd
tile time at campletian of" 6Da1l11ea.-
. ~.tma bot1na variOUI tIelIdaati_ mUIt be detailed OIldaoTravel VOQQbcr. &.:h
'"101" of~~ 1IaWl wiD _a. poiDt ofodaiD. deIdDatioD 11I&I ~ GpllDlti~
ofpubUc puspotO.
. n.pubJic: pm:poM ~muC be dofiDed OIl tile Tme1 V~ by i~U!A~tapi.c of
. ~.(i.o.,MDttiDI OIl SWXM IMuea. ~. with Deputy. Dinctar). tp of coaf'ereace
CJt COIl'WIdicIl (Lo., OPOA CodinDGe, AWWA ~), puIpOIO of III aYCDt (1.0., Jibboo
. cutdDa for IClfYice office),_
GoveaaiDa uad..BMbl Boad _-~may eJect to aubmit TnYel VO\IObmI quartedy.
VICJ.NlTY un ....0&: V1CiDit1 JDilefr IIIpI'UIIda mileI. driwa..aftermival. - dcpIrture
from. . point of dDltiDatiClll.to aaadwpailll witbia tho .... city "".wbaQ JIaC--~ to.CCIM1ud
. ot1iAUl ~~ cSuriDI the pcdad ~ "'YiciDitY' tIavel. Vu:iDity miJf119 .. 'be~
......y CD 1I>>.TJawd V... 1amL ad ID ~1....tiOlD mut be iDcludec1 to j\IItify pabUc"
pWpOH. R.eport.dD:, ~.ti._ public ~.. h9"~ ad eadtD& ~.....~...
(Auto Miloa Coda -2-) ClIl Tlawl VaudMIr to pmide the RqUired documePri'-l.
"~Milap T~I'OID [)o!pMatitwt.. (Auto NiIa Code "3") it_ ~.;... vic:iDity mileIr
(IeOAUTO BXPENSBS tar ..p.WlI NqUinaDeDII). .
SlGNA.Tl1RESUQ1JJBKD llOR 'l"JilAVEL VODMlRlI~ Tho traVoIorlDUlt lip tho form ill
ink .. .... die Ipp.~ appvnl ambadty.Ii,-1NI U WdtGlloCl No OM may eurciIO
aipaturc 11tdw&Uy far 1Ijn!l1lllf or ~ rdaIr, ~of. biaJu:r level ofauthmityJDUlt be
obtaiud.
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PROCEDURE .
SOU'I'JIWIST JLORII)A WA'1'IIt MANAt3URf1'DISI'RlCl'
NtJWBEIl: .1J-S'AOI: 7 of l'
'I1TLKa TItAVBL
.~
AHIlOV'I:Dc
.tP1NA.NCIAL UPOIlTINGlFlNANCB
DAm 0113OI96 SOPDSDD13-5 DItc4 06101/96
. SIGNATURES UQtJIUD rD" TRA VIL VOUCBD (CGIltblud):
. T1lA VRI ,Uf 00wmiDa BoIrclIJld BIIiIl Bomt ua~~u4 Ji!Qc:gtiveDireccar
APJIROVAL SlGNATUIt& UQlJIUD: t....iI GDlyprtme zequinldaapt IIIWIId
in tbcBoud Po&1 wbea prior lpJIIVYIlia 1eq1Iiled
. TRA. vn~ AIIi_It"Eueutiw DiIIdI)r
APPROVAL SlGNATUlt;I UQUIUD: Executive Dimctor
. TRAVRl.-'t Deputy BxocUdve Direcran. GeacalCouDaehad lDIpectar GeaeQl
APPIlOV~SlGMATVU UQ11DlJ:D: J.-'_wt Bxec@ve Director
. TRA~ ,2lt: AttomoyI
APPROVAL SlGNA1'tJRE UQUIRID: .Geuenl Cow>>eJ or Seai9r S~ AUaGayI
. TJlAW ,~lt: DircQIop .
APPROVAL SlGNA'J11RE. REQUIRED; Deputy &acutivo DimctoD
. . Tll4VR1.~ ~
APPROVAL SlGN41'tJU1t&QtlIJW): ~ ID/J/M M~~ IIId DeparCmIlIIt
Directed CII' ~~ .
. TIl&vr.rEP: AdviIcd.. CoanltamI
.APPROVAL SlGNATVU DQUIllI:D: DcpIIty ~ve Ditec:tot
. TRAVItJ.l(;lt: ~C~i_M~~
A.PP~VAL SlCN4'1'tJ8 UQUDI:D; Bucative DiRc10r 01' chi."..
. 'l'IlA VBLER: Employmoat C.ndid-ttt
APPROVAL SlGNATUU UQUIUD: .DtpartaacaC Dirac::aI upo.a coocdiDatiOll with
HamaD 1lcIo1IIceI
ACCOlJNT CODING: AI11aMl b:mI ze1atiDa to & ~1le..vel periodJlWlt bear the lID
~'oth'8 dD to ~~ ~.1bI travelm'1.deputmcat.1eCli0D~ public purpose aDd locaIioa
u well... tbo fbad IDd KCouat to be.... .
f'...
,
'KOCIDUU
SOU'l'8.WUTJLOaD)A .A.'I'IIl~DIIDICT
N'UM8Ba:.U.S PA<JI: hf'l6
mu: TRAVEL
DCTIOJIfIDU
AJftO\'ID:
CLASSJ:S 01' TRAVEL:
CJau It.. _ B travel. au. iDcl_III)'....~ c. o1Icia1 Diltriet~away hn official
~ whoa it it c<<sIidendzeasoDlbJe IIId ....uy to .yowmipt i.Dd for wbich.~ '
GpClIIICI are appnm:d.
.
Clua It.. ~~ travel of24houn or mare away tam ofIicial Jadquarten ad away fzom
bcmo ~ipt- 11U iI caIcuJatod buod all four oqaaIqurm of_ __.. which
Ibal1 be a caJlllIId... day (JllidniFi to midni,M).
C1asi B ~~ trawl of_that 24 hau3wbicb.iavolvea ovaDiabt IbIeDce tram oftkUl
heldquartaalad away fnIm haDa CJYIIIIi&bt. TbiI II calm'.bIl(J hued QI1 6-hour cyclea
boai~i"l at tbehour of ~...
C1au C Slat or day..cime ~ wheze tho Imdclr iI DOt away hID of6cial headquIttm
0\'flIDiaht or wbal trImll '0ecmXI duriD& evlDiJla boUa __ to apec:ia1 ,...p~ to
00Id~ DiaUiet ~...,
PER DUM: (hlatea to Clau A f!l'B TJavel Only)
(1) A.... _ up to SSO 1* day (S12.50 per quarter day) n=qUiriq DO.ncaiptI for J'OOIIII or meals.
or .'
(2) ~"'tbo actual Jadaiq.COItb.... occapmcy to be aubltatilUXl by paid bUli,
.11 wen. the, .~<<i'" aal....... ~ below. Wbeu lodaiDa CII' mala are
. provided at . .w.iDlti1Dtiaa. the trlVelerlba1l be nimbuded aaly fbrtbo IdDIl a.pcue of
1M" CII' mealI DOt to aceecl tbo,....,n"'-IlIu.f...ccL
or
(3) Two or mare DiatriGC .cmp.\GyIeI.~, to ... . mom "t'ibim t1'IMIIiq UDder CIau ACII' B
trave11tatU IIUJIt elact'1b.II1IUlS- cJlcm medIocI of~(l) ilr(2) II doacn"bed
above. If~ opIiaa (2) II~ "'y d1a1CtU1 coat of.. mom II ftIlu_
authozi_ meallDo....1ba11 be lWimbaDecL
or
(4) In tho caae offomip 1Iavel. 1III1Ia.. may cbooIotbe sa. per cIic:m rate .1tatIcl above or
tbefareip t:ra'N per diem _ u.autboriDd by Soatioa 112.061(3Xe}. Florida Statuta,
To be e1i1l"b1e 1br pot diem GrIl1Ytra'YCl expeDIO aI10wIDceat tho travelllUllt be IU1boIizecl by the
~ ap,pmval, autbarity aud muat DIIlet tho public p1U'pOIe requiromIat.
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I
PROCEDURE
IOUI1I\VIIT rLOJIID.4. WATDMANAQINENT DII'I'JUCT
NtJNBBI: 13-5 PAGI:hfl6
'11'JU: TRAVEL
S&C1'I0NIDIr.
~VJ:J):
MEAL~WA.Na:llADS: (hIateatoClul C Tzave1)
To Recei.ve.
~~~fPor.
N1JItDepart
Prior 1'0:
Mat B.etum
rl-tb!f
Anmnnee
Breakfast
Luach . .
DiIIII<<
6im.
12 DDCIIJ,
6 p.m.
SLID.
2 pJa.
. Sp.m.
S3
S6
SI2
Nca1.a11cnnzaa will be s*cl to ,....iJl a. C Travel.. "'- pu1ieipUiq in IICbodulIld
public ui.ectmp, ~~ ~ IpCICw --'p-tI or oCbIr oftic:ia1 buaisIeaa wbic:h occurs
0U1Iide the aarmalwark.....~of'a traft1er,
FiaId etatf.&..D ouly ..c.w.milIla11oWacc(.) wbaa" ~ UlipmtlDt mquireI.0vertiai81tatu11iDce
theirDOnD8l \YOlk ~ iI. "iDlbo field.. .
In l!I\';"PJi'- 'tYith wUtnla11A,rveaua Service. PubliatiaD IS. chcuJarE, Employen Tax CJuide,
CluI C meal ~ IIlimbunemeDta aie.1Ubjoct to CClIIIideraticm.. iDcQmo far tax paIpOICI.
Whaa a coafcnIaae Cl'CGIIVIIIdiaA~.. in~'hw.1IIClI1I, tbetravelcrdl at be reiIDbUIIcd
for dID mala ..... pmvided. Xfthlt pqram far a oaafereDce or convaatiOll.... that br-Ho-t.
lUDCb. or cIimIcr iJ itduded b1 thI fee, tbe trawler it apooted. to ~ that IIIIIl without
~ (~....l bnIk&at.1I r'~a ......lD4ia _.~ wbaa
~ Bmadl will be ~.M'eclattbDJDDdI alIowIIco 1'11&) RaimbanImad ixlDell ~
will be tba'lpp'OpIiife 11IIII allowIDce._ reprcII-. of.. ac:IUIl_ oftbo...... Tho IIaftlcr
muat aIJIcxb any COlt abovetlm DIIIlIllcrwl.1a ~ 11p. will aotbe...............
AUTOIXPUUS: MiJaap will be m-v__ at "lite approved b)' die StatllloaiaJatun for
the .1OWUl trip tom.. tm.w1or'I poiDtof oriPa t9 poim of ~_~ vtbIa tho .cloria
autborized to1JlO Ida ar _ an penaaal wbiclo tbr o8lc:ill DiItriGC buIiaIIu. Tho.foJlo1riJac
auideliDea ~
.. It iJ~"'~ tbaI a.DiItrict pool.vctdcIo be 1IIOd far ~ DiItrict tlavel__ ODe ilDOt
aw.i1able or 1110' of a pel1IOIII1 .... 'MNld be IILClI8 eftleiIrQt or COlt ~ UIe of a
pencmal vabicIo IbaI1 be auIbarbIIcl b)' tile 1raveIeE'1 Dinc:rar U ~ 1ppl\1pIWe.
. All ~jlMF f!I~ must be by. UlIUIl1y tDvcled mum ftom tbo point of oripa to the point of
~OD. Qapter 112.061(7)(a). Flarida SI8tuteI, .... wAll tlavel mUl& be by . Q\I&11y
1Iavoled RlUtB. fa cue. pIIIOIIl.1Iavell by . iadinclt routa." hiI own CODveai~ my atra
com IIball be bame.by1be tDvelor;lIId ~"~^'~tbrapcmel.uu be.,... cd,. OIl"
cbarpa u have bem iDcuDed by. usually 1I'&wlcdroUte."
,~.
.
mu.:TB.A.VEL
~
AIPAOV18s
PR VRE
IOl1rII'WUr JLQalDA lYA.DIl'1WL\GDIINT DIS'I"IUCl
NUMBU: 13-5 PAGI!: 10otl'
04: PJNANCIAL REPORTJNGlFlNANCB
1M'" 08130196 1Ul'1IISIDD: 13-5 Dated 06101196
A'OTO UPINIIS (co.....,:
. Whoaover tile point of.od&iD IIId point of ....I~ 110 'IIitbin two ciifI'.- city limltl
iMi~Wxt CII1 die PJarida DcpItaJalof~ofBciI1 ~ map. mi.., IbaU
be clctonDi:DD4 by iIIiDItbe 0fticial.Jfi&hway .MiJeIae ebIrt. (EIhI"bit A)I w1Ucb. povidca the
~ diataca 6aaI tile -mwn- ofariaiD totbe ~- ofdel1iutioa.uot.... ~~
z-tf~p. .It aUhcr tcJwDicijy daca .at IppCII' _tbo c:IIaIt. or wIaaliDvolvec:l iIl'ric:iDitytlavol,
mileaae aboq1d be IhowI1 by IdUIl odometcr,-HlIp WbaDcwcr emp1oyea.1ZaY01 ~
District .... Oftbi. JDileap IbaU be ~in~ by UIiDa the ~ MilcIae ChIrt
(Exbibft B).
. For aU ~.~, uaveI. trip..npod:iq.......,... home u tbII poDol adaia (depIrtura
~. ' . point},... IIlowIbIo lIliJeap 6'aa1 tb8 poiDt ofadPa (employce'. heme) to tile fiDtWCllk atop .
Iha1l be the I... of me tduIl odaaIIter miIeqD ar'1IIa cIiataaco fiom the empJoyee'. official
~ tobillherfiDtwarkltop.
. For an ~tiftl1ftU1IaYOl1dpl D)JOItiaa1bD CIIIpIg)w'.hamou a fiDa1 ~(liI\ tho aJ1owIb1o
mil....hm tho Jut lVOIk .rap'" 1be&aa1 deIriudaa (~__> IbaU be tho 1eIIar of
tboldUal Odom_IDi1a8e.Of1be ~ Iaa... em,ployW. Juc wat.ltcpto biIIbar o8Ida1
~
. RebDbuneaDeDt.tor oxpeadi.. ~ to tho oper.UiOD,.mpi"t~~ aud owurahip ot a
pcncaal ~ ok 1bIIl mil... U DOt~KfitM.
. Two IOadtripl to III aUpcxt may be approwacl if it is ..~;w to be 1II.ORl1lClJOCn;" than
CIIIC rauDd1rip plua tbo aiIpaIt plddDafeofar ~ pw-l vebicU dudDa the ~ '1IaVel.
AlJTOMOBQ.J:JWn"ALs: Bach 0cmmiD&8oInl m"'~, tbe B~~, A.l1i_
Bucutivo~. J)eputy Bucutm Dinctat. 0c:aDl CouDIcI.1dtOalcyt met ~ mdi~ctqaI,
~. by tbo 00vraIiDI BoIzd. CII' ~ DinlCIor.., buupplied aRaDl AI,fIII.fY CCtrIl
BiDiDgCnlditCd_Ibeir_ wbDt...~ni~J ~'Wjll Clldaraldi...... tba
carda after --villi- ~ed Qd~ bqUIIt bm hill the .aU1bmizIdiladivi.d\P.
An. .:~ wbo II mquired to UID' natal aatO. bat_ DOt beca..--tpedall aulD aeditcazd, may
reqLV..~ aReD1al ApIIic;yOae Tdp Tzawl Older (a.T.T.O,). n. O.T.T.O. .alUllllitutefcr III auto
cndit cud to be UIOcl oaly oace. TIawJIa may req-.t t1:I8 c).T.l.O. by 1Ubmjtti.,... IDCIDO to
~'~I with a'c:apy tboh' tb1lY aecutIlcl Travel AuthorizatiClllfOllD att~
..
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mtI: TBAVBL
SICl'IONIDU
.._~:
. PROCEDURE
S01J'l'BWlS'rrtOlUDA. WADRMAMAGIMDft' DISDICT
NUNBD: 13-5 .'AOl; 11 oIlf
· ,ACCOUNTING. FINANCIAL REPOR.TJNGlFlNANCB
DATI: 08I30I96.....~.13..S Datod oMJI196
AlJTOMOBXLIJlEN'rALS (ctatlaud):
Thecredi.tclrdllld O.T.T.O.ItGJWridod by the lIIItIlapaq. plitt of........ with.. sa.te
of Plodda. bIdmdaaIa uaiua . ~ cud CIr o.r.T.O.. ... to CIIIUIe' tbIt ., .pI'OpCIr diIcQ\mt is
applied, that III) 11I-. tax ia"c.baqed.1IId dial tbolllOllt oennraical type ofvebicle to ~
.-..nvwJamo. travel DIlIda il requcatcd.
Cl... Vehicle Sba
1(.1.) S~
. 2(Bj CampIlC;t
3(C) TnMnnMi....
4(E) Full Size 4Idr
SM MiDi-V.
C"ntL.
ECAI.
CDAIl
JDAR.
FOAR.
MVAN
AJ.R TBA."VEL; It it .. nIpGIIIibiJhy of Ibo -'-1111"-1 dcprtaumt to ~"" tile .1DQIt
OCODGIDioal maIbacl of1lavOl prior to JIIIkDla ~ leIervaIiaaI.auy DOt bo DIldo UD1il
appropriatII. tlawllUtbodzaticm ~ have ... -. T.bt DiIIIiat'a cmdnCt Tzavcl
~.. ServiceI pIOVDlribDuld be atiJi2lDd aduIiYelyfclrJeqU8lliDa..in....1Dd ~*
tliJhta UlIJeu IUbItIDtial aYiap .. bo RII1izecl by utili~1 aaother IOQR':8. . I'IIII*Civc
cfepII1meDt it Hlp<lDlibJo for _.~.. l.'!~ -Uar ~~)j".~. All 9'-....-cial
tliJh!.s will bo'CCMICb claa UDl_ ~.VIilab1e.
Air Travel CIlda _ credit .CIrdIICCCpted by moat ~or IirJiJJM 1brfliabg limited to North
A:qJarica. 1'bac Clrdluo ClIdcnd, -iar-lllld cIiI&ribDd by Pul81ut., u.. Cndit.CaldIIXI:ys
Raq\at1baD to ...._air1r&Wll CIId. ~,......aalyilMd 1D.~'s.cl
",11II\"- the R'Ir~DincIar,.A-Aat~DJncfcr,Depu&yBxocuti.w~ n.-l
COUDIel. .~ aa4 ~ Other ltaftmay roqueat air trawl cada oaly after ~
"]fbcd~*io11 Aula . &..cutive Dinctor.
.TxavelCdmuat retain the p'.......RCeipt hill tile IIICCi ~ ticbt (latplp ofticbt), Up
, MUm to 1beDiltrict, tbia ftIQipt malt bo 1bIw'11dod to AceouDD Payable withiD 1bree PP'lPdaya
with tbD .Yclctllipaturaaad 1IpIRpI-1CCOlIDt cocIiDa ClIl tile copy.
CILUlTD. JUGBT SEIlvra: 1bia.... is to )IIOVide ipOCific ImILIporIatiaD to attclDd
~~ .. izl order to ~ Diatdcl buIi:aoIa (CMlIiliIID .. ClilCCludocl'iaD 1hia procedure).
bquata for Govm:aiaa UJlJlOIf Buill BoG ..bin, Euculive binctar. ~_.... ,,,~
Dircaor, I)eputy kec:Dtiw DiIDla _ a..al CoauaeI cbart.. ftiaID wiD be.1IIIDpCl tbroup
tbc "'tecutiw Dej*~. ~,~~. ataIIdilltbl Policy. ThD., ofcblltlr1lilb1l
by .... membca Ibou1d be . ~oallld IDUIt be &JJth.wiWl(j by tbe !McutiveDirector.A
requilitioa (RX) JDUltbe ea.teled lido tbe ~.I fYIItCDl,witb the fliabt ~loiD~.fiGllin
ordtrfor. p1IICbqo order to be proceued.
t..
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PROCEDURE
SOVlllWll1'~ WATEa~DII1'IUar
'irn.E: DAVBL
I&CTIQl'fIDEP
DPaO'YJ:D: .
NUNBBR:'13-' PAGB: 12 of 16
o &:. FlNANCJALlUiPORTINGlPINANCB
1)411; 08I301P6 .sur-mmur 13--' DaIecl 06101196
CIWt~ n:-xmrr sqVlC:& (COAti.....):
Pun:baaiDa wiJl pr:ocau &ba JaqUltiD IGCCIIdmu widl Board Policy ISO-I ud Dil1ricC ~~
15.1 &QVCaIiIiaptO(!Gl.u.dpncticllls. wbidl j~'" ClCIIdrIctiDI for ..... With IIllpplopdAta
cbarb:r fJiabt 1Ihrice,..o1JmininJ tile Ieqahecl ser.dcea at tho bat teIpGIJIibJe price (ClCIIIIiItaDt with
trip ~ ID4safetY). _ ~1I"""""+1 .tIIe. IeI.'YiceI .recpe1te4 UpClD recoipC of
JlOdfic:aticla laID .. qcpICIt:iIIadapaMDL J!mapocy .anq~ may be'made dincdy with
.Pu:rc:haiDa who wQI Cbea DGtitYtbDEDcativ. DeplrtDulltaad~pnplIRticlD of" requizccl
doeumeDtI. '
tmdcrnOaul ~-'-..paymcatotorRim~..far.1IIM4bypriVlteor~
Of__'" an De.QO.....tblDbtaUowed_C>>IJI~ (COICh oIaa) lirtravtluto for
equiva1aDt ~.e.
.
BOTAlMOTBL ACCOMMODATIONS: t~" CXJMIIIO it reimbunIb1e to IUtborizecl
DlIVict 1r&wlen mqv.iriJIa.cmrmiIIbt.... away fmm ofticial ~ IDCt IIamo UDder
C1uI./'. or.a Dld. '11Ie. mmlcrmay DOt ncaive ~ for lodrl1ritbiD die 1OCIl..
ualeu "..i tbll 'by tbe Deputy BDcutiVe birecfarof'U~ Servicea. . .
In crdIr to 8CbicYo . ~ .1&YiDis totbl Diatrict. du: Di4Uict may ~ directly with tbD
boteI/JDotol. .
OIl 0CCJ'I1ioaI wbcla 1110 tawcIm'a 1Iipt ecWaIo or..... dIDo of. caa&reace iXWGa ~
boIDeby._~le.bo1q.tboDepa~lliNctIlrlllUlt~inA wbIIbIrlD ,d"itionfl cmad&bt
~-ndatiClll is W8I'IID1lId.
JtME1tGBNCY DPENsES.: ~ apclIIIOItUtll'O DOt lUted to travallbould DOt... .
011 tha Tlaval VaucHr. Paid iD.vaU:e CII' JIICIipt _ 1UCh. ~ IDlIIt be nbmittecl far
reimJnu'Iemat t1u:vQ8h petty cub or. if ov.S25. 1w tubaJjtri"l . check requeat to ~tI
Payable.
OTllBJl EDENOS: ~ CllplDlClIIe iwid-...1 to travel, JOCIiptI abI11 be.~ to tha
Tnftl.Voucber IIUl aplIbuId.bridy ClIl the fonD or'lIl .ttMbed JDDOnDdum. Raceipta lie
MqUirod ill IlIC11C1" w_ &~ .. DOt poIIibIa (1.1.. pukiaa....). AD apl~OIl
mUll: be iDcluded to ~~p, __110 noeiptia available. Jfproofof~ or ~1MuItiOD is DOt
IUblPi~ ~.CUDOlbe audaizecL
".
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",.7,
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PROCEDUBE
IOUDIWISTILOJIIDA WATllt IlANAGlMDlTDIS'tJUCT
O'l'JID.ItX!'ENSIS (and.."'):
Othr:r.~ oxpoaIOt._
1. Ton. for 1'OId..~ forry, 011:. (.......... ...aYIiII*)
2. PaddDa.a atorIp .. (...,............ -........ pufd8a)
. 3. Lcaa di~.~ ....1brm.n- paIpQICI (JaipIt.....- ...........
cInioa ...1IIOd) .
4. NoiDiu1 telepbCu cxpeDteI. for buamea 1JUIl*eI (recelpta nqainId -1lIcept wile - 0pIafIId
.......11IIII) .
5, Taifin orotbaraimilar ~ COlli lIIOCiated with .ftfoJndi"lbuIiDua ftmcticmIor
Ioioa to (from) ~ bote! (1ICllIipc..-) .
6, ConfrnDco or ccumratioD .~. too pIicl ~ by. tbo. trawler wbiI4IIU~" a
canfilreDce or ccmaiaG IUViqIbe public pmpoae 011 bebaJfoftbe Di.Itrict (.... teqlIind)
7. S..'" tax pIid. dinctly by tIse tra'V!ler OIl purcbua directly mJatal. toDiltrict buaiDIlII
(*",*...-.0 .
· 'II' ~11f_""''''''''__'''''''''''''~'''''IIIllJ;r'''''''''tllt 'I f~""""" '
Bxpauca DOt ICimhurublIIlO:
. .
1. 'TipI or sratui-
2. PerJouI ~ calli .
3. lW:eM. ...... cbazpa 1IIIlcla.cbIrpI ",for DiItIiet oquipQIeat
LoIt or mi,-. recciptI will ~a ..~t Iiped by tbI tn.valal' with DepIrtmI:at Dinctor'.
appm'VIl iamdcrtG.~~~
Other tmellllpODlll DOt dotail04iQ tba Pracedm'o. au be h~ed by accptiaa willa Deputy
Exooutive DinGtar'a appIOft1.
TRAVEL A.DVANCBS: AdYIaaI paymIIIt tJr a8icia1 travel maybe m'-i~ by tbe!Wlcutive
DimctDtor ~~ fatC1ala A arB tl&vel__ tbetnNellr~ __...ti.~ 1ZIMIl fiIIINIIIeI
(to., lodaiDl, mcala.plddq) lad IOqUMtI tmdI to covar ... lIIOCiated _vel COItL Trawl
IdvaaDcI wiIl_ be ~fW au. C trawl aIpIIIIII TJIe "'''''--111I' uwvel a4vaDce IIIIOUIlt
iI $SO. n. ftUl~lIII tlavilldvaca abaI1 Dat __80 1J'ICIDt oftbo~ted COlt .fix'. oftiCill
mea GCl1IdiDa my payIDIIIItIJDIde dh.ctly by the D.iIIrict. 'lbo tmel a4ftIICII wiIl..-.nybe
mado 10 tUb.... OIl tbe 'I'haIIday prior to biII!IIlr dcputure.
Advuu:e paymeat (or the ~. CRdit cad autbari2aticlb) for CIIIII JIiabt'I Jndaj~J. .1JIUI11Y
recpUnd to .pInDtee. al'll8Mtklll if tile bWler will a:rive. .. 6 pJIL IID4 may he J1IqUked to
~ a lQOIIl.at .~M pIIUp'-' Tho Dlatrictmay ICimburIO ti.. Giabt....... III
.1dYIDGe. to the lIavoloriftho ._"'* ~ DOt pnMdD a CI'IIdit GIld IIIIbGriIatiCIr 1be ~ it
requind. 'Will be JUde to the traV_ prior to tbe clue date _W~1bed by tbe bo1eJImotol.
'f#
l .~.. I
r.
PR.OCEDURI
1OV'nIWII'J'J'L0RJI)A WADIl MANA.CI:MI2n'. DllTlUCf
NUMBD: 13-5 PAG!: 14 all6
TI'l'LIl T1lAVEL
ACTIOHIDRAR
ArPIlOVIDI
a ~ FINANCIAL REPOllTINGlFlNANCE
DATI: 08130196 . SUl'DSlDU: 13-5 Dated 06f01/96
.1:ItAVEL ADVANCES (CODdIlutd):
AJ IQCJIIU J)OIIihlo after tU ~ 1CIDII 01 a taml aaiptmCP~ ad aD a4vIZICe iI dahed, the
ClIIIployee sbouJd coaaplatc a Tmel Au1bGrizaticlIlbm IUd.... the ..~ Travel Paymmt
Requ.;<:ceclll lICCdal The ~t IIlUIt be.apprcmd by tboClQp1oyee11 DepI;rtu:u=m DiRctar bdbro
p&ym::ut CID be JIIOC*-
Within dnc wa:kini daya after Rib'~"~ 10 the DiIIrict. the tlawlerwbo IeCdived a ImVelI4vllDce
iI required to aubmita.NnI1Plerod Travel Voada. Tha amoUat afttle!lavelldvm:e iI to be
decbactecl i'oIIl _ .. .~ l'l"";,-d _ lIlY __ 1mcl1CMDCO ~ mlllt be
ndIabuned. to ~ DiIIrJct.whmlUbmittiq tha Tzavel Voucbcr.
CONTINtTOVS TRAVEL STATUS: ~ ~ aD l"~tin~~ _vol.. may ~
a.CGbl:nIIOUI travel.1dvaco in IIlIDlOUllt DOt to aceecl80 pclECIIIt of apoc;ted trawl apeaIelI for
. twoaweek 1Iavel period. C0atimi01ll1ravelen are ddaed . ~ who mutiady trawl
o~ n..~. qIl ~ tmat.......1IUIIC campJate .Tzawl Vouober OIl a
WCddy.buiI to doGumeDt tbIir ac&ual travel apc:aa. If ID oq:aployOc. ia DO loDpt QD ~_~ .
. _vel atIf:uI. my ~ trawlldwDoce amaam ill CII'*I of actua11&pC1101 DlUItbe zetUD4ed
to tbo DiItrict 1ridaiD..1brae r~ claya.
271.&:.:11.. DINt:Itw..., ...,.,. ilrwpNl'" PrtN:Muw.
, '.~
l;.
..,
I
PROCEDURE
SOIJ'I'BWIIT.JJ.OaIDA W4T1R.MAIWDIUNT DISTIUCT
N'OUBIIt: 1~5 PAOI: 15 of 16
111'tI: TBA VEL
SlCDONIDD4R
UlROVD:
(I A P'INANcw. REPOR.TINCJIIlINANCB
IJ4'Dt 08l301H SUPllLSlDISJ 13-SDated 06101"6
BXHJBr1' A
'omCIAL MGBWAY MILEAGE CHART
WlMmrNer tbD}IOiat ofOliPlllldpointofdePio-.oa..n wi1b1a two ~city.1imitIiDdit!lltAld
OIl tho PIorida.I)cpu1mcatofT~ of&cilltllllllU~lDIp.lIIi1eqe IbaIlbe~I'I.n-I'
by Uliqtbe OfIic:WHiahwaY Mil... obazt provic:IiDJ tbG CClIIiputocl diItaace. &om tile .town" of
cripI to tho "towQ. Of~l_'" ~z-dhl..
To use tho.mileqo ~ detaaaiu tbo.tovm ofadaiG aDd toWIl of ~'"_ Locate.borh 011
chart. ~ r* I1c:lDa _ baath ton .app.rioa cloIeIt to tile. riPt- Follow ....to
~_hMm beDtath 1DWIi1lppOfl'ina a10Iat to 1be Jcft. ThD DIDDbcr at the iDt.iDuecdcm
mpnaeGta tbo aoe-way 1UiJetl...'*"'- tile two. tGwDI. tlaia.. die mi.... to be RfO'tecl wheD
trawliDa .... tbooity JimitI of two c:itioa Cll'towDI app.rioa OIl tbemiJ'9 cbIrt.
BX.UfPLB:Cit.y ofT.., toOt)' ofSt. .1\1ta1buq - 20 mihlI
.
NOTE: ThiI 1l001cia1 Hiallway Mi1eIp" cbut it priIDd 011 the cumat F1adda Official
T~Map. wbiCllia avai1lbl. ba ach ~
o~. .
'i~~
fhll!ll1ill;;~~
mi. ::!/hll J lilll
$ it. Iii:! it :I =' I/IJ/.Z,..
_...." .....____1Il II .
:.1-;= .::.:. --. if I.
"f=_= ===.i....!!II'1.. ==
41.1 -=. !! ,. Nt " ! ;: 'I ==.. == J\;rt ..
- ;; ..- ...: =':'::Po =
.,
PROCEDURE
SOVTJIWUT FI..ORDM W Ana MANAGEMENT DISTRICf
TITLE: TRAVEL
SECTIONIDEPAR
APPROVED:
NUMBEJl: "13-S PAOE: 16 of 16
G &; FINANCIAL REPORTINGlFINANCE
DA.TE: 08130196 . S1JPERSi'J)ES; 13-5 Dated 06101/96
EXHlBlT B
DISTRlCf MILEAGE CHART
~ Mileaae for Most Direct Route
Between Service Offices
- HcadquartcrslBrooksville Invemcss Service Office
HeadquarterslBrooksville Bartow Service Office
Headquaztc:mlBrooksville V c:uice Service Office
HeadquartetslBrooksville Tampa Service 0fIicc
Tampa Service Office Inverness Service Office
Tampa Service Office
Tampa Servicc Office
.Bartow Service Office
Bartow Service Office
BartOw Service Office
Venicc Service Officc
Invemtlas Semcc Officc
V cnice Service Office
'''1::~~.# ~.;
j...V..'.,.',
"74~~~
- ;-.1 ~'-...
. , \"t' ; ,.:.tr
'.:..... 'm~...7 .:l,
'::. ...r, . '" ~ ':y-.;.
j- r.~. io 1;-'~ ~;.fr '\.
,.$~t
. - .'':'' .,' "":~,~'" ":-1,'. .
Three of the five District service offices arc not located within the limit:. of B city, Therefore, the
mileage to these service offices CBIUlOt be determined usin& the Official Hiihway Mileage cbart.
These service offices are called: Brooksvillc Headqu8rtcrs, Tampa Service Office and Venice
Service Office.
The doctllllented milca&e between service oftic:ca II lilted in the above dwt shall be used whenever
a District traveler is traveling between Diatrict sc:rvicc ofIic:cs. lftbc:n: arc cxtmluatiDg or unforcscc:n
circumstances, such as a detour. which requiIc the DiJtrict travclc:r to take another longer route, an
explanation as to why the milcago roportcd is p:a&a' tbaD tho documeDted mileage on the above
chart must be included with the travdcr'1 ,"lni~ Travd Voucher and approved by the authorized
silJDCI'S.
1lbc mUcap bctwCCII dul Banow ud In"~rDCSI acrvico oBkGll'l1loc&a tba 0f6c;ia1 Hl&bway MUcap dwt
miles since these two servitz offices lIrfllocat.ed \' . .11 the . llmUs.
I
.
ern - \
~h!
u~
City Council
Cover Memorandum
\\.\~
Tracking Number: 1,724
Actual Date: 11/16/2005
Subject / Recommendation:
Authorize the City Manager to sign a Joint Participation Agreement with the Florida Department
of Transportation to allow the City of Clearwater to be reimbursed for the cleanup of storm
debris from Federal and state roadways within the City Limits, after hurricane JEANNE during the
2004 Hurricane Season in the approximate amount of $54,299.00.
Summary:
In the aftermath of Hurricane JEANNE, last year, City crews cleaned up and disposed of storm
debris from all public streets throughout Clearwater. After the debris had been removed and
disposed of, Florida DOT contacted City Staff with the offer to reimburse the City for those costs
specific to the cleanup of federal and state roadways in Clearwater.
After much research and negotiation, FDOT authorized the reimbursement of approximately
$54,299.00 for that cleanup. Jay Ravins, Assistant Finance Director and William Vola,
Emergency Manager, have reviewed the receipts and submitted the documentation. They are
satisfied that this dollar amount represents the best representation of City costs to clean up
those federal and state highways in the Clearwater.
This agreement represents the final reimbursement to the City for expenses accrued during the
2004 hurricane season.
Originating: City Manager
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 2
financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
FDOT
Review Approval
Garrv Brumback
11-07 - 2005
11:37:53
Bill Horne
11-10-2005
11 :09: 10
Tina Wilson
11-02-2005
09:48:42
~~
u~
City Council
Cover Memorandum
Cyndie Goudeau
11-10-2005 12:45:03
~.\ CM- \
\2-e.\ \ . \ 3
Financial Project No.(s}: 420262-1-78-01
Federal Aid No.:
Contract No.:
Vendor No.: F596000269-Q46
State of Florida Department of Transportation and
City of Clearwater City Council
Joint Participation Agreement
I
This agreement, entered into this _ day of , 2005, by and between the State
of Florida Department of Transportation hereinafter called the Department, and the City
of Clearwater City Council, located at 112 South Osceola Avenue, Clearwater, FL,
hereinafter called the City.
WITNESSETH
WHEREAS, the Department and the City are desirous of having the City reimbursed for
certain repairs/debris removal to the Federal Highway Administration (FHWA)
functionally classified City road(s) damaged by Hurricane Jeanne, These repairs are
located within the City of Clearwater and are hereinafter referred to as the Project; and,
WHEREAS, the Department is prepared to allocate funds towards the reimbursement
for the removal of debris and/or repair of City roads in accordance with the Executive
Order 04-217, dated September 24,2004 and President George W. Bush subsequent
Disaster Declaration, dated September 26,2004 under the Robert T. Stafford Disaster
Emergency Act, to provide for the reimbursement of FHWA eligible costs of for Financial
Project Number(s): 420262-1-78-01. All FHWA non-participating costs shall be borne
by the City; and,
WHEREAS, the debris removal/repairs of these FHWA functionally classified City
road(s) damaged by Hurricane Jeanne were in the interest of both the Department and
the City and it was more practical, expeditious and economical for the City to perform
such activities; and,
"WHEREAS", the City Council approved this agreement on ,2005, as
evidenced by a city resolution or certified copy of the minutes taken at the Board's
meeting attached hereto; and,
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the Project, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated
herein.
2. The City has provided all design services necessary for completion of the
Project.
3. The City has obtained any permits necessary to complete the Project.
4, The City assured that the Project complies with all Federal Highway
Administration (FHWA) and Department standards.
1
5. . The City shall make available to the Department upon request any existing plans
(if applicable) relevant to the City's design and construction activities. Prior to
construction, the Department shall approve plans which reflect the restoration work
replaces the pre-storm conditions except as approved in the FHWA Detailed Damage
Inspection Report for betterment. The City will be responsible for verifying the accuracy
of any Project related plans prepared on the City's behalf, and the City shall revise them
as necessary to reflect 'as-built' conditions upon completion of construction. Project
plans that have been modified to reflect 'as-built' conditions shall be provided to the
Department.
6, The Department agrees to reimburse the City only for eligible costs as stated in
the FHWA Detailed Damage Inspection Reports, copies of which are attached hereto
and made a part hereof. All other costs are to borne by the City.
7. The Department shall have ten (10) working days to approve any invoice
submitted by the City. Project costs eligible for Department participation will be allowed
only from the date of final execution of the Agreement. The City shall submit invoices
for fees and other compensation for services or expenses in detail sufficient for a proper
per-audit and post-audit thereof, Invoice(s) shall be submitted to State Departmentof
Transportation, Procurement, MS 7-710, 11201 N. McKinley Drive, Tampa, FL 33612-
6456, Attn: Romona Burke
8, The Agreement and any interest herein shall not be assigned, transferred or .
otherwise encumbered by the City under any circumstances without the prior written
consent of the Department. However this Agreement shall run to the Department and its
successors,
9. This Agreement shall continue in effect and be binding to both the City and the
Department until the Project is completed and appropriate reimbursements are made.
10. The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contracts which by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during the fiscal
year. Any contract, verbal or written, made in violation of this subsection is null and
void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to
entering into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one (1) year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in
excess of $25,000 and which have a term for a period of more than one (1) year,
11. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the Department at all times during the period of this
2
Agreement for three years after final payment is made, Copies of these documents and
records shall be furnished to the Department upon request. Records of costs incurred
include the Contractor's general accounting records and the project records, together
with supporting documents and records of the Contractor and all subcontractors
performing work on the project, and all records of the Contractor and subcontractors
considered necessary by the Department for the proper audit of costs,
12. The Department may cancel this Agreement for refusal of the City to allow public
access to all documents, papers, letters, of other material subject to the provisions of
Chapter 119 of the Florida Statutes, made or reviewed by the City in conjunction with
this Agreement and shall make provisions in its Agreements with its consultants and
sub-consultants to terminate for failure to comply with this provisions,
13, The City warrants that it has not employed or obtained any company or person,
other than bona fide employees of the City, to solicit or secure this Agreement, and it
has not paid or agreed to pay any company, corporation, individual or firm, other than a
bona fide employee employed by the City. For breach or violation of this provision, the
Department shall have the right to terminate the Agreement without liability.
14, To the extent allowed by the Laws of Florida, the City hereby agrees to
indemnify, defend, save. and hold harmless the Department from all claims, demands
liabilities, and suits of any nature arising out of, because of, or due to any negligent or
international act and/or occurrence, omission, or commission of the City, its agents, or
employees. It is specifically understood and agreed that this indemnification clause
does not cover or indemnify the Department for its own negligence,
15. This Agreement is governed by construed in accordance with the laws of the
State of Florida.
16, The Agreement is governed by and construed in accordance with the laws of the
State of Florida.
17, Section 215.422(5), Florida Statutes, request the Department to include a
statement of vendor rights in the Agreement. The City is hereby advised of the
following time frames. Upon receipt, the Department has five (5) days to inspect the
goods and services provided by the City, The Department has twenty (20) days to
deliver a request for payment to the Department of Financial Services, The twenty days
are measured from the latter of the date the invoice is received or the goods and
services are received, inspected and approved by the Department.
If payment is not available with forth (40) days a separate interest penalty at a rate as
established pursuant to Section 215.422 (3) (b), Florida Statutes, will be due and
payable, in addition to the invoice amount, to the City. Interest payments of less than
one (1) dollar will not be enforced unless the City requests payment. Invoices which
have been returned to the City because of invoice preparations errors will result in delay
3
in the payment. The invoice payment requirements do no start until a properly
completed invoice is provided the Department.
A Vendor Ombudsman has been established with the Department of Financial Services.
The duties of this individual include acting as an advocate for the City in the event that
the City may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by
calling the Department of Financial Services Hotline 1-800-848-3792,
18. This document incorporates and includes all prior negotiations, correspondence,
conversations, Agreements, or understanding applicable to the matters contained
herein, and the parties agree that there are no commitments, Agreements or
understanding concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representation or Agreements whether oral or written, It is
further agreed that no modification, amendment, or alteration in the terms and
conditions contained herein shall be effective unless contained in written document
executed with the same formality and of equal dignity herewith,
19. The Department agrees to reimburse the City for the services herein described
on the DDIR(s), Payment shall be made only after receipt and approval of goods and
services unless advance payments are authorized by the Department of Financial
Services 215.422 (14), Florida Statute, or by the Department's Comptroller under
section 334.044(29), Florida Statutes.
20. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases or real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or a consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in section 287,017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list.
21. The Department's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature.
22. The Department will consider the employment by any contractor of unauthorized
aliens a violation of Section 274Age) of the Immigration and nationality Act. If the
participant knowingly employees unauthorized aliens, such violation shall be cause for
unilateral cancellations of this agreement.
4
23. Any or all notices (except invoices) given or required under this Agreement shall
be in writing and either personally delivered with receipt acknowledged or sent by
certified mail, retum receipt requested. All notices delivered shall be sent to the
following address:
If to the Department:
Florida Department of Transportation
Procurement, MS 7-710
Attn: Romona Burke
11201 N. McKinley Drive
Tampa, FL 33612-6456
If to the City:
City of Clearwater City Council
P.O, Box 4748
Clearwater, FL 33758-4748
5
In Witness Whereof, the City has caused this Joint Participation Agreement to be
executed in its behalf this day of 2005, by City of Clearwater
City Council, and the Department has executed this Joint Participation Agreement
through its Director of Transportation Operations, Florida Department of Transportation,
this _day of 2005. The effective date of this Agreement shall be the
date the last party to this Agreement has signed.
City of Clearwater City Council
Department of Transportation
Frank V. Hibbard
Mayor
By:
James V, Moulton, Jr., P,E,
Director of Transportation Operations
By:
Approved: (as to form)
By:
District Legal Counsel
BY:
William B, Home, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form:
6
C-#~ O~I::J 1- 01 ~
0- ' ' . n;" :- ..~' R.polt,}.I!I~ '
.....'l DETAilED DAMAGE INSPECTION REP()~T JE1S-'013
U.s. Oepallm~t \
QfT~ (TItle 23, Federal-aid Highways) Sheet 1
Fedeial HIlIhway of_
, Adrninlstlatl,on
Location (Ne",. of R".d end AfIIepoltJ ~... FHWAOIeAter Number
...
City of Clearwater FL-04-04
Inspection ~te
3 -26-2005
Oe.crlpticin of Damege FederaI4k1 Route Number
Debris Removal, First Pass only (pick-up and disposallwithin the Various SR!US Routes
right-of-way, Hurricane Jeanne Slate County
FL Pinelias
Cost Estimate
Descdpiion of IN:lrkto o.te COst
Unit Unit PrIce Quantity
(l;qUlprMnt. Labor. and Materials) Coll1lleted Remaining
Labor & eauinment cos~ on 'Pederal-aid 51/. 299.oD
roads. Citv of Clearwater: 341.40 mi total LS 1
I 22,05 mi Federal-aid - 6.'46% ,
ea
ea
...
i 0 ea
d! W . ea
..
~ ~~ -- ea
c:
'~ ;::=1; a: ea .
S!j l.&J ' 0.. ea
L ~i: N ea
0 c:( !J:j ea
4 ~ ea.
Method C<;;j Subtotal '
o Local Forceil o State Forces D ConIract PElCE
Emergency Repair Total ' 6'l z,'i'ioD
ea "
sa
sa.
ea
c: .. ea ' i
'0
~ ea
!
i ea
4D ea
0::
C ea ,
! ea
~ ea
CI
Q.. ea
Method Subwtel 5Y. 29'i.oo
D local Forcea o State FOfQaI o Contract PElCE
Right-of-Way
Penn. 'RepV Totals
EnvIronmental Ass~ment Recommendation ; 5 cj 2li~. () ()
o Categorical Exclusion _ o EAlEIS estimated Totel
Recommendation FH m~r l ( J -~vlI . 9k~/zooS
o Eligible o II!eIlglble I\'A~ - ..
, Concurrence '..n..ll~~ .t ~~ ~-' .. o;A9M
o YIIS DNo .;j
Concurrence lo'~1 Age~lRepreu~ o.;k(~)-
o Yes DNo /\,~, 'A ~. . -
Form FHWA-1547 (Rev. 4-88) ~<:J
c.'i
0(" rs
li
EXHIBIT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to Influence either directly or indirectly an officer or employee of
any state or federal agency, a member of the Florida Legislature. a Member of Congress. an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract. the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan. or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person fOr
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal,
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
L. "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any persons who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
BY:
Signature
Typed or Printed Name and Title
~~
u~
PUR \ t Z.
Purchasing Memorandum
City Conunission
11/16/2005
Agenda Number: 4039
\\.\L\ *.\\.\~
1 Agenda Item No: 11.1
Type: Purchase
Quantity: 3
Requesting Dept: Solid Waste/General Services
Using Dept: Solid Waste/General Services
Bid Number or
Code Exception:
Vendorlnfo:
Description:
Comments:
Amount:
$ 179,052.00
Bid 43-05
Steco Division of Blue Tee, Enid, Oklahoma
Steco Division of Blue Tee - Purchase three (3) 2006 Steco aluminum ejector transfer trailers at a cost of
$179,052.00.
Low bid from City of Clearwater Bid 43-05.
In-kind replacements for G 1173, G 1178 and G 1179.
Lease purchase financing.
Appropriation Code(s):
0316-94234-564100-519-000
Comments:
Project code
Debt service: Principal- 0555-06612-571300-582-000-0000
Interest - 0555-06612-572300-519-000-0000
2 Agenda Item No: 11.2
Type: Purchase
Quantity:
Requesting Dept: Public Services
Using Dept: Public Services
Bid Number or
Code Exception: Sec. 2.564 (l)(d) - Service provided by 0
Vendorlnfo:
Description:
Comments:
Amount:
$ 180,000.00
Pinellas County Solid Waste, Management
Department, Saint Petersburg, Florida
Pinellas County Solid Waste - Disposal of brush and miscellaneous materials during the period December
2,2005 through December 31, 2006, at a cost not to exceed $180,000.
This service is provided by Pinellas County Solid Waste, therefore no bid is required.
Appropriation Code(s):
0419-02090-543500-539-000
Comments:
None
I-
I
City Council
~g.~!!da ,,,~Q.ver ~emor!!.!'!~,~.!!!_=...m,=.._"".,
ED- J
\d' \
Tracking Number: 1,722
Actual Date: 11/16/2005
Subiect / Recommendation:
Adopt Resolution 05-46 nominating Census Tract 261 Block Group 5 and a portion of Census Tract
259.01 Block Group 1 for the re-designation of Enterprise Zone 5202.
Summary:
The City of Clearwater was designated an Enterprise Zone (EZ) in 1998. The original Enterprise
Zone (EZ) boundaries include seven census tracts with seventeen geographic block groups which
met the poverty rate requirements at that time. The program was set to sunset in December 31,
2005 but the state legislature extended the program with changes to its guidelines.
According to the new guidelines, each Enterprise Zone must be re-designated based on the 2000
census data. The Florida statutes governing re-designation of Enterprise Zones require that
certain minimum poverty rates exist in proposed census block groups before a re-designation can
be granted. Florida Statutes 290.0058 (2) and (3) refers to the description of the poverty and
unemployment requirements:
(a) In each census geographic block group within a nominated area, the poverty rate shall be not
less than 20%.
(b) In at least 50% of the census geographic block groups within the nominated area, the poverty
rate shall not be less than 30%.
(c) Census geographic block groups with no population shall be treated as having a poverty rate
which meets the standards of paragraph (a), but shall be treated as having a zero poverty rate for
purposes of applying paragraph (b).
(d) A nominated area may not contain a noncontiguous parcel unless such parcel separately
meets the criteria set forth under paragraphs (a) and (b).
Staff evaluated the current Enterprise Zone's seven census tracts with seventeen block groups in
consideration of the new guidelines. Six of the existing Enterprise Zone census tracts have ten
geographic block groups that meet the 20% poverty rate. Rule (b) states that 50% of these ten
geographic block groups must have a 30% poverty rate. However, only census tract 261 Block
Group 5 meets the 30% rule with a 60% poverty rate.
Given that only one census tract meets the 30% guidelines, we can only nominate one other
contiguous census tract that contains a 20% poverty rate.
ater
City Council
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Because there were changes in the boundaries of the census tracts from 1990 to 2000, Economic
Development and Police staff conducted a door-to-door survey to determine the population of
Census Tract 259,01, the downtown core area, to determine if it met the requirements using the
1990 boundaries. The survey results showed that this census tract has a zero population and
therefore met rule ( c ) to qualify for designation. Therefore, we are nominating a portion of
census tract 259.01 block group 1, see attached map for boundaries.
In addition to the poverty requirement, the State looks at the unemployment rate for the census
tracts. In the nominated Census Tract 261 Block Group 5, the unemployment rate is 13%. The
State of Florida unemployment rate is 5.6%.
This re-designation process is necessary to continue participation in the Florida Enterprise Zone
program past the expiration date of December 31, 2005, until its current expiration on December
31, 2015.
Staff will submit an application package for re-designation of the EZ to the State in November
2005. The Enterprise Zone Development Agency reviewed the application and recommended
approval.
Oriqinating: Economic Development and Housing
Section: Other items on City Manager Reports
Categorv: Code Amendments, Ordinances and Resolutions
Public Hearinq: No
Financial Information:
Review Aporoval
Geraldine Camoos 10-31-2005 09:21:27
Rod Irwin 11-04-2005 15:33:04
Geraldine Camoos 10-31-2005 09:21:59
Bill Horne 11-06-2005 19:27:17
Cyndie Goudeau 11-03-2005 09:55:57
Sue Diana 11-07-2005 08:46:33
RESOLUTION NO. 05-46
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING CENSUS TRACT #261 BLOCK
GROUP 5 AND A PORTION OF BLOCK GROUP 1
CENSUS TRACT #259.01, REGARDING THE RE-
DESIGNATION OF THE ENTERPRISE ZONE TO THE
STATE OF FLORIDA OFFICE OF TOURISM, TRADE AND
ECONOMIC DEVELOPMENT.
WHEREAS, resolution 98-43 enacted by the City of Clearwater Commission at
time provided for the establishment of an Enterprise Zone and adopted a strategic plan
in November 1, 1998 and resolution 99-45 extended the boundaries in October 21,
1999,and
WHEREAS, the original nominated areas was designated as a state enterprise
zone #5202 by the State of Florida with an effective date of November 1, 1998, and
amended on December 1, 1999, and
WHEREAS, Enterprise Zone legislation approved in the 2005 Legislative
Session extended the program until December 31, 2015 and provides for re-
designation of existing Enterprise Zones based on certain criteria; and
WHEREAS, City efforts to date have assisted in the economic development and
social improvement of several areas of the City's existing Enterprise Zone, resulting in
portions of the City's existing Enterprise Zone not being eligible for re-designation; and
WHEREAS, the City has identified an area that meets the required eligibility
criteria for Enterprise Zone re-designation;
WHEREAS, an application package for Enterprise Zone re-designation of the
nominated area was presented to the Enterprise Zone Development Agency ("EZDA")
for review at its meeting on November 8, 2005 and the EZDA recommended approval
of the Application Package; and
WHEREAS, the re-designation for City of Clearwater Enterprise Zone
nominated area will allow for a continued use of this important tool in the City's
revitalization efforts; and it has been a proven economic benefit to the residents of the
City, and merits redesignation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORI DA:
Section 1. The City of Clearwater hereby finds that the nominated re-designation
is necessary to the continued participation in the Florida Enterprise Zone Program, until
its current expiration on December 31,2015.
Resolution No. 05-46
I
Section 2. The City of Clearwater adopts this resolution in compliance with the
Chapter 2005-287, Florida Statutes, Florida Enterprise Zone Act, for re-designation of
the City of Clearwater Enterprise Zone nominated area. The nominated area is herein
incorporated by the attached map and by reference as Attachment "A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
2
Resolution No 05-46
N
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City of Clearwater
PW A/Engineering
Created By: JW Reviewed By: TM
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Block Group 5, Tract 261
2995674 sq ft (.107455 sq miles)
Portion of Block Group
1, Tract 259.01
6760000 sq ft (.2424816 sq miles)
Portion of Block Group
L Tract 259.01
Commence at the intersection of Jones Street and the Pinellas Trail for the Point of Beginning; thence West along
Jones Street to the intersection of North Osceola Avenue; thence South along North Osceola Avenue to the
intersection of Drew Street; tht'11Ce West and South along Drcw Street to the intersection of Pierce Boulcvard; thence
South along Piece Boulevard to a point on the North half of the block lying between Chestnut Street and Court Street;
thence Easterly along said North half block line to tbe intersection of South Myrtle Avenue; thence North along Soutb
M)Ttle Avenue to the intersection of Drew Street; thence West along Drew Street to the intersection of the Pinel1as
Trail; thence North along the Pinel1as TrJil to the Point of Beginning.
Block Group 5, Tract 261
Commence at the intersection of Jones Street and the North Fort Harrison for the Point of Beginning; tht'11Ce North
along North Fort Harrison to the intersection of North MY1tle A venue; thence South along North Myrtle A venue to
the intersection of the Pinel1as Trail, thence South along the Pinel1as Trail to the intersection of Jones Street. thence
West alon Jones Street to the Point of Be innin
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City of Clearwater w jCensus Tract 261 Block Group 5:
Census Tract 259.01 Portion of Block Group 1
Block Group 1,
Tract 25901
6760000 sq ft (.2424816 sq miles)
Block Group 5, Tract 261
2995674 sq ft (.107455 sq miles)
Data Derived From Year 2000 Census, Not Actual Census Informa/ion.
City Council
Cover Memorandum
(r)6<.-3
\'J.d
Trackina Number: 1,386
Actual Date: 11/16/2005
Subject / Recommendation:
Adopt resolution 05-27 renewing lease No. 520030564 with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida Sovereign Submerged Lands until May 26, 2030;
A parcel of sovereign submerged land in Section 17, Township 29 South, Range 15 East, in
Clearwater Harbor, Pinellas County, containing 13,368 square feet, more or less and authorize the
appropriate officials to execute same.
Summarv:
Accepting this lease renewal for submerged lands authorizes the City of Clearwater to continue to
use State owned bottomland for the docks at the Clearwater Community Sailing Center. The
docks are to be used exclusively for mooring of recreational vessels, launching sailboats, and as
access to the Intercoastal Waterway and Clearwater Harbor in conjunction with an upland
municipal sailing center.
The term of the lease is extended through May 26, 2030.
The Marine and Aviation Department requests the City Council grant authority to the City Manager
to accept the Sovereignty Submerged Lands Lease renewal in order to continue using the docking
facility at the Sailing Center. .
Oriainating: Marine and Aviation
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearina: No
Financial Information:
Review Aoproval
Bill Morris 06-03-2005 15:56:15
Garrv Brumback 11-03-2005 09:37:12
Sue Diana 11-07-2005 08:48:36
Brvan Ruff 06-08-2005 09:27:12
Rod Irwin 11-04-2005 15:38:35
Cyndie Goudeau 11-03-2005 09:50:35
Bill Horne 11-06-2005 19:24:03
~ :cni.-'~
RESOLUTION NO. 05-27
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RENEWING SOVEREIGNTY SUBMERGED LAND LEASE NO.
520030564 WITH THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA; AUTHORIZING EXECUTION BY THE CITY MANAGER
AND COUNTERSIGNED BY THE MAYOR; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida ("City") wishes to renew the existing
lease for use of the bottomland under the docks at the Clearwater Community Sailing
Center, a municipal sailing center on Sand Key extending from City-owned lands into
the sovereign lands and waters of the State of Florida in the Intercoastal Waterway and
Clearwater Harbor; and,
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida (TIIF) have administrative authority over such sovereign lands and
waters; and,
WHEREAS, the City has applied to TIIF for renewal of the lease of the sovereign
lands and waters beneath the dock footprints; and,
WHEREAS, the State of Florida Bureau of Submerged Lands and Preserves of
the State Department of Environmental Protection has prepared and delivered a lease
document through May 26, 2030 to the City identified as Sovereign Submerged Lands
Lease No. 520030564; and,
WHEREAS, said lease agreement has been duly considered by the City Council;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Entry by the City into Sovereign Submerged Lands Lease No.
520030564 with the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida for a lease through May 26,2030 is found and declared to be for a valid
public purpose.
Section 2. The City Manager is authorized to execute said lease in the form
attached hereto as EXHIBIT "A", with his signature to be countersigned by the Mayor.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 05-27
PASSED AND ADOPTED this
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
day of
,2005.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Resolution No. 05-27
'l<~', fYlR - 3
RQ.'. \d . ~
This Instrument Prepared By:
Lisa Sparkman
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
MODIFIED SOVEREIGNTY SUBMERGED LANDS LEASE REVEW AL
No. 520030564
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to City of Clearwater. Florida hereinafter referred
to as the Lessee, the sovereign lands described as follows:
A parcel of sovereign submerged land in Section 11,
Township 29 South, Range ~ in Clearwater Harbor,
Pinellas County, containing ] 3 368 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated April 26, 2000 and June 10 2003.
TO HAVE THE USE OF the hereinabove described premises from May 26 2005, the effective date of this modified
lease renewal, through May 26 2030, the expiration date of this modified lease renewal. The terms and conditions on and for
which this modified lease renewal is !,'fanted are as follows:
]. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 16.slio docking facility with two boat
ramps exclusively to be used for the mooring of recreational vessels. launching sailboats and as access to Intercostals Waterway
and Clearwater Harbor in conjunction with an upland municipal sailing center, without fueling facilities, with a sewage pump out
facility if it meets the regulatory requirements of the Department ofEnviromnental Protection or local authority, whichever
entity applies the more stringent criteria, and without Iiveaboards as defined in paragraph 28, as shown and conditioned in
Attachment A, and the Department ofEnviromnental Protection, Enviromnental Resource Permit No. 522643713, dated MID'
22. 1995 and modified June 13. 1996, the Southwest Florida Water Management District Consolidated Enviromnental
Resource Permit No, 4403620.001, dated Mav 20 2000, and the Department of Enviromnental Protection Consolidated
Resource Permit No. 52.0163731.002, dated November 20 2003 incorporated herein and made a part of this lease by
reference. The construction of the proposed structures depicted on Page II of Attachment A of this modified lease shall be
completed no later than May 26, 2005, and the construction of the proposed structures depicted on Page 15 of Attachment A of
this modified lease shall be completed no later than November 20 2008. The failure to complete construction of such authorized
structures within this time period shall constitute a material breach of the lease pursuant to Paragraph 13, herein. All ofthe
foregoing subject to the remaining conditions of this Lease.
[02 ]
2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the Department of Environmental Protection, Environmental
Resource Permit and the Southwest Florida Water Management District Consolidated Environmental Resource Permit
Department of Environmental Protection, Environmental Resource Permit. The Lessee shall not change or add to the approved
use of the leased premises as defined herein (e.g., from commercial to multi-family residential, from temporary mooring to
rental of wetslips, from rental of wetslips to contractual agreement with third party for docking of cruise ships, from rental of
recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loadingloflloading commercial to rental
of wets lips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in
the original authorization or regulatory permit, or shall not change the type of use of the riparian uplands without first
obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified
lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer
qualifY for authorization under the modified lease.
3. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbetore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold.
4. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
5. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
6. INDEMNIFICATlONIINVESTlGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out ofthis lease at its expense, and shall indemnifY, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits and demands arising out of this lease.
7. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
8. NOTICES/CO:MPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, it
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel ofland shall revert to the
Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee.
All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent
by US. Mail to the following address:
City of Clearwater
P.o. Box 4748
Clearwater, Florida
The Lessee shall notifY the Lessor by certified mail of any change to this address at least ten (l0) days before the change is
effective.
Page ..1.. of 23 Pages
Sovereignty Submerged Lands Lease No. 520030564
9. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease
10. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part
thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy
are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any
nuisances or illegal operations of any kind on the leased premises.
II. MAINTENANCE OF F ACILITYIRIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
12. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
14. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
IS. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall
be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect
at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewaL Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment l!., which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
16. REMOVAL OF STRUCTURES/ ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
17. REMOVAL COSTS/LIEN ON RIP ARrAN UPLAND PROPERTY: Any costs incurred by the Lessor in
removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs
and expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary
proceedings as provided by law.
Page ..L of R Pages
Sovereignty Submerged Lands Lease No. 520030564
18. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
19. RIPARIAN RIGHTSIFINAL ADnIDICATlON: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
20. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable, Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, ifmooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
21. ADVERTISEMENT/SIGNSINON-WATERDEPENDENT ACTMTlES/ADDITIONAL
ACTIVITlES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activities
are to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks,
pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands
without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
22. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U. S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
23. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
ofthis lease by the Lessor.
24. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period Ifliveaboards are
authorized by paragraph one (I) of this lease, in no event shall such "Iiveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
Page ~ of R Pages
Sovereignty Submerged Lands Lease No, 520030564
25. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
26. SPECIAL LEASE CONDITION:
The Lessee shall comply with the following manatee protection construction conditions:
A. The Lessee shall instruct all construction personnel associated with the docking facility of the potential presence
of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for
observing water-related activities for the presence ofmanatee(s).
B. The Lessee shall advise all construction personnel that there are civil and criminal penalties for harming,
harassing, or killing manatees which are protected under the Marine Manunal Protection Act of 1972, the
Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.
C. The Lessee shall ensure that siltation barriers are made of material in which manatees cannot become entangled,
are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee
entry to or exit from essential habitat.
D. The Lessee shall ensure that all vessels associated with the construction project operate at "no wake/idle" speeds
at all times while in the construction area and while in water where the draft of the vessel provides less than a
four-foot clearance from the bottom and that vessels will follow routes of deep water whenever possible.
E. If a manatee(s) is seen within 100 yards of the active daily construction/dredging operation or vessel movement,
all appropriate precautions shall be implemented to ensure protection of the manatee( s) These precautions shall
include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment
closer than 50 feet to a manatee shall necessitate immediate shut down of that equipment. Construction activities
will not resume until the manatee( s) has departed the project area of its own volition.
F. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife
Commission Hotline at I-888-404-FWCC and to the U.S. Fish and Wildlife Service, Jacksonville Office (1-904-
232-2580) for North Florida or Vero Beach Field Office (1-561-562-3909) for South Florida.
G. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All
signs are to be removed by the Lessee upon completion of the project. A sign measuring at least 3 ft. by 4 ft.
which reads "Warning Manatee Area" shall be posted in a location prominently visible to water related
construction crews. A second sign shall be posted ifvessels are associated with the construction, and should be
placed visible to the vessel operator. The second sign should be at least 8 'h" by I I" which reads "Manatee
Habitat/Idle Speed in Construction Area" will be posted in a location prominently visible to water related
construction crews.
Page...i. of R Pages
Sovereignty Submerged Lands Lease No. 520030564
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature
(SEAL)
BY:
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, Department of Environmental
Protection, as agent for and on behalf of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida
PrintIType Name of Witness
Original Signature
PrintIType Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
"LESSOR"
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
WITNESSES:
City of Clearwater Florida
(SEAL)
BY:
Original Signature of Executing Authority
Original Signature
Typed/Printed Name of Witness
William B. Horne. II
TypedlPrinted Name of Executing Authority
City Manager
Title of Executing Authority
Original Signature
TypedlPrinted Name of Witness
"LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 ~ by
William B. Horne II as City Manager, for and on behalf of City of Clearwater Florida. He is personally known to me or who has
produced , as identification.
My Commission Expires:
Notary Signature
Notary Public, State of
Commission/Serial No.
Printed, Typed or Stamped Name
Page ~ of.n. Pages
Sovereignty Submerged Land Lease No. 520030564
WITNESSES:
City of Clearwater. Florida
(SEAL)
Original Signature
BY:
Original Signature of Executing Authority
Typed/Printed Name of Witness
Frank Hibbard
TypedlPrinted Name of Executing Authority
Original Signature
Mayor-Commissioner
Title of Executing Authority
TypedJPrinted Name of Witness
"LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20_, by
Frank Hibbard as Mavor-Commissioner, for and on behalf of City of Clearwater Florida He is personally known to me or who
has produced , as identification.
My Commission Expires:
Notary Signature
Notary Public, State of
Commission/Serial No.
Printed, Typed or Stamped Name
Page..l. of.n. Pages
Sovereignty Submerged Land Lease No. 520030564
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ATTACHMENT A
PAGE ~ OF 23 PAGES
SSLL NO. 520030564
~
NORTH
S.F
CITY OF' CLEARWATER, flORIDA.
. PUBUC WORKS ADMINISTRATION
ENGINEERING
SAND KEY SAILING CENTER 5";3
VICINITY MAP .... NO.
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ATTACHMENT A
PAGE 9 OF 23 PAGES
SSL.L. NO. 5Z00a0564
. ~.URVEYOR I S REPORT:
'SPECIFIC PURPOSE SURVEY
THE INTENT OF THIS SPECIFIC PURPOSE SURVEy IS TO SHOW THE HORIZONTAL RELATIONSHIP OF THE MEAN HIGH
WATER LINE ELEVATION OF 1.40 FEET, NATIONAL GEO.DETIC VERTICAL DATUM. 1929. TO THE PARENT TRACT (SEE
DATA SOURCE 3). ALSO 'TO 'SHOW THE HORIZONTAL RELATIONSHIP OF THE SHORELINE VEGETATION (IF ANY
EXISTING). PROPOSED AND EXISTING ST~UCTURES. APPROXIMATE LOCATION OF THE NAVIGATION CHANNEL TO THE
CLIENT SPECIFIED LEASE AREA (SEE DATA SOURCE 4).
Section Jl. I Township ~ South. Range ~ East.
PINELLAS . County, Florida
MAP OF S~VEY
SEE SHEETS I THROUGH 3 FOR SURVEYORS REPORT
SEE SHEETS 4 THROUGH 7 FOR MAP OF SURVEY
THE MAP AND REPORT ARE NOT FULL AND COMPLETE WITHOUT THE OTHER.
PARENT TRACT LEGAL DESCRIPTION:
(SEE DATA SOURCE 3)
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 29 S. RANGE 15 E.; THENCE N89010'31'E.
ALONG SOUTH LINE OF SAID SECTION 17, 843.47 FT. TO A POINT OF INTERSECTION WITH .THE CENTERLINE OF
GULF BLVD.: THENCE N.42.,3'3I'E. ALONG SAID CENTERLINE OF GULF BLVD. 886.07 FT.: THENCE
S.470.46'29'E. 50.00 FT. TO POINT OF BEGINNING: THENCE N.420I3'31"E.. 1097. IB FT.: THENCE ALONG AN
ARC OF A CURVE. TO THE LEFT.HAVING A RADIUS OF 1959,86 FT.. A CHORD BEARING OF N.3I047'00"E. AND A
CHORD' LENGTH OF 647.17 FT.: THENCE S.6B029'32'E. TO THE IwEAN HIGH WATER LINE OF CLEARWATER HARBOR:
THENCE ALONG SAID MEAN HIGH WATER LINE TO A POINT.. SAID POINT BEING THE INTERSECTION OF SAID MEAN
HIGH WATER LINE AND A LINE HAVING A BEARING OF S.47046'29"E. FROM THE POINT OF BEGINNING: THENCE
N.47046'29"W. 237.00 FT. MORE OR LESS. TO THE POINT OF BEGINNING. [SHOWN AS [LI) ON MAP OF SURVEY]
LEASE AREA LEGAL OESCR I PT ION:
(SEE DATA SOURCE 4)
A PARCEL OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF 'SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINELLAS COUNTY. FLORIDA. DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH. RANGE 15 EAST,
PINELLAS COUNTY. FLORIDA: THENCE N89010'31'E ALONG THE SOUTH LINE OF SAID SECTION 17, FOR B43.47
FEET TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF GULF BOULEVARD.' (COUNTY ROAD 183); THENCE
LEAVING SAID SOUTH LINE OF SECTION 17, N4zoI3'3I'E. ALONG SAID CENTERLINE OF GULF BOUL~VARD, FOR
BB6.07 . FEET; THENCE LEAVING SAID CENTERLINE OF GULF BOULEVARD S47046'29'E, FOR 50.00 FEET TO POINT
OF INTERSECTION WITH THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GU~F BOULEVARD, SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE OF GULF BOULEVARD HAVING A BEARING OF N42013'31"E (BEING THE BASIS OF BEARINGS FOR
THI.S LEGAL DESCRIPTION); THENCE CONTINUE S47046'Z9'E, FOR 216.Z9 FEET TO THE POINT' OF INTERSECTION
WITH THE MEAN HIGH WATER LINE.ELEVATION OF 1.40 FEET. NATIONAL GEODETic VERTICAL DATUM, 1929. AS
FIELD LOCATED ON'MARCH 17. 2000: THENCE ALONG SAID MEAN HIGH WATER LINE ELEVATION OF 1.40 FEET,
NATIONAL GEODETIC VERTICAL DATUM, 1929, N56058' 19'E, FOR 26.35 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUE ALONG SAID MEAN HIGH WATER LINE ELEVATION OF 1.40 FEET. NATIONAL GEODETIC VERTICAL
DATUM, 1929, THE FOLLQWING II COURSES: (I) THENCE NS6'S8'19'E. FOR 8.01 FEET: (2) THENCE
N44048' II'E, FOR 9.81 FEET: (3) THENCE N3s026'OO"E. FOR 21.47 FEET: (4) THENCE N48046'43"E, FOR
ZO.06 FEET: (5) THENCE N510Z6'48"E, FOR 19.59 FEET; (6) THENCE N42017'54"E, FOR 19;Z7 FEET: (7)
THENCE N4I034~55'E. FOR 19.45:FEET; (Sl THENCE N4204S'Q4'E. FOR lB. 56. FEET: (9) THENCE N44043'29'E.
FOR 19.31 FEET: (10) THENCEN42032'17'E, FOR 19.55,FEE;T:(IIITHENCE N3603B'2S"E. FOR S.71 FEET:
THENCE LEAVING SAID.. MEAN HIGH WATER LINE ELEVATION OF 1.40 FEET, NATIONAL GEODETIC VERTICAL DATUM,
1929. S49.55'4S"E. FOR Z5.76 FEET: THENCE S42044'47"W. FOR 165.13 FEET; THENCE S49020'57"E, FOR
105.00. FEET: THENCE S40039'03'W. FOR 18.00 FEET: THENCE N490Z0'57'W. 136.33 FEET TO THE POINT OF
BEGINNING AND CONTAINING 6.743 SQUARE FEET OR 0.155 ACRES. MORE OR LESS [SHOWN AS (LZ) ON MAP OF
SURVEY]. CLOSURE 0.002 EKM. .
:~~ ~~n ~ -- V~',I':~{rh""Ma~O::~~~NGfND
SH 75 NS S R
I"""CT: CLEARWATER SAILING CENTER
BOA TRAMP REHABILITATION
POS
T'rI'E Of' SURVEY:
SPECIFIC PURPOSE SURVEY
:ALE:
DATE:
~ No.:
N/A
03116/20PO
:~Q<ED: lk
21 -04
ADDITIONS OR DELE"'ONS TO SURVEY MAPS
OR REPORTS BY OTHER THAN THE SIGNING
PARTY OR PARTIES IS PROHIBITED WITHOUT
THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
THIS SURVEY NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
'Al\N BY:
KM f/U1
a.c.:
DWMD
F.B. .t PG. No.
626/47-55
"';AVID WILLi:'M MC:~? ~~~~D
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 5840
STATE Of FLORIDA
La 6707
Sheet -L of l
'(
ATTACHMENT A
PAGE .1Q.. OF 23 PAGES
SSLL NO. 520030564
..-j
~
Section JZ. , Township 29 South, Ronge,]L Eo
PINELLAS County, Florido
S49'SS'4S"E(L2) \ _,.s>"
~~ 25.76'(L2) PROPOSED '" '1(",
Q-=! PElRAFlEX ~..
EXISTING ..' . . ......... MAT AREA gB~~\.C) ?~
CONC RAI.CR.. D" ",,' . :1' ..',. ................ . c) ~ "
. .:} .. .' .' ............. B' 44 E~ :--v
," ..,. ..,. '1. . ;.;: ;:;:::;:;:;; 562'2 _
1 .. "" 0#>' .'.;...-- 10
MHW UNE "~I" ~N.;., lA'
ELEV 1.40' I LEASE AREA .
(SEE DATA SOURCE 6 6,743 SQ FT OR '1:.<,c) 0
AND UMITA 110NS 5) . 0.155 AC, MOL ...000.:,,-- .
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N49'20'57"W(L2)
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- 4067.
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562"1.64 4':1: ALUMINUM
WAll< WAY
lENG7H
1 .92 l2
19.55 L2
19.31 L2
18.56L2
19.45 L2
19. L2
19. 9 L2
20.06 l2
21.47 L2
9.81 L2
8.01 l2
lB.OO L2
8.71 12
26.35 L2
~ ~ ~ -- 36F~W.8f'Rf~~uAb'M,EGEHO
SEE SHE. S ED NOS LEA AR II
~ FLORDA SIGN CONSU.. TANTS,.INC.
ENGINEERS, ENV, IRO NMENT A liSTS .
11 .' SURVEYORS 8 PLANNERS
2639 McCormick Drive
CI.or".'.r. FIDrld. 33759
(727) 724-6422
. Certificate of Authorizatron: LB 6707
. State of Florida ' .
.JOB No.:
AND D SCRIPTION OF PROPOSED LEASE AREA 4'2612000 EKI
T'tPE OF SlJR'rf,'y; .
SPECIFIC PURPOSE SURVEY
SCALE: DATE:
'00 = 40'
PRO..ECT: CLEARWATER SAILING CENTER
BOA TRAMP REHABILITATION
DRA\lN BY: 0iECl<ED:
EKM E:~ LCS
F.B. <l: Po. No.
626/47-55
ADDITIONS OR DELETIONS TO SURVEY. MAPS
OR REPORTS BY OTHER THAN THE SIGNING ,
PARTY OR PARTIES IS PROHIBITED WITHOUT
THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
THIS SURVEY NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAl. RAISED SEAL OF A FLORIDA
LICENSED SlJ<!'1EYOR AND MAPPER.
- ~.--'''"':) ~~hc
DAVID WILLIAM McDANIEL .DATESihNED
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 5840
ST A TE OF FLO~IDA
Sheet 2 of L
't
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ATTACHMENT A
PAGE .11. OF 23 PAGES
SSLL NO. 520030564
~INtLLAS
;J- ~_'-t
County, Florida
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7'::1: WOOD DOCK
136.33' L2
N49'20'S7"W(L2)
--':t(C)
-- 4067.5
.-:- ;i't.(C)
562"'2.8 4'::1: ALUMINUM
WALK WAY
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UNE.
l62
l63
L64
l65
l66
l67
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l70
L71
l73
l74
L75
l76
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ING CENTER
Rll l1':' A Tlf'\t.J
REVISED SKETCH AND DE CRIPTION OF PROPOSED LEASE AREA. 4/2612000 EKM
T'l'PE OF SlJRY[y:
SPECIFIC PURPOSE. SURVEY
. ::.
ATTACHMENT A
PAGE J1. OF ~ PAGES
SSll NO, 520030564
r
, I
Surveyor's Report;
S 17 - Twp 29S - Rng 1
PlnelJos County, florida
SPECIFIC PURPOSE SURVEY
The intent of this legal and sketch is to show the additional lease area as it relates to the meal
high water line elevation of 1.40 feet. Also to show the horizontal relationship of the shoreline,
proposed docks, and existing docks within the additional lease orea,
MAP OF SURVEY
See sheet 1 and 2 for report.
See sheet 3 for vicinity map.
See sheet 4 for map of survey.
The map and report ore not full and complete without the other.
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A PARCEL OF LAND LYING WITHIN THE SOUTHWEST 14 OF SECTION 17. TOWNSHIP 29 SOUTH, RANGE
15 . EAST, PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SOUTHWEST 14 OF SECTION 17, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, PINELLAS COUNTY, FLORIDA; THENCE N89'10'31"E ALONG THE SOUTH LINE OF SAID
SECTION 17, FOR 843.47 FEET TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF GULF
BOULEVARD, (COUNTY ROAD 183); THENCE LEAVING SAID SOUTH LINE OF SECTION 17, N42'13'31 "E.
ALONG SAID CENTERLINE OF GULF BOULEVARD, FOR 886.07 FEET; THENCE LEAVING SAID
CENTERLINE OF GULF BOULEVARD S47'46'29"E, FOR 50.00 FEET TO POINT OF INTERSECTION WITH
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GULF BOULEVARD, SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE OF GULF BOULEVARD HAVING A BEARING OF N42'13'31"E (BEING THE BASIS OF
BEARINGS FOR THIS LEGAL DESCRIPTION); THENCE CONTINUE S47"46'29"E, FOR 216.29 FEET TO THE
POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE ELEVATION OF 1.40 FEET, NATIONAL
GEODETIC VERTICAL DATUM, 1929, AS FIELD LOCATED ON MARCH 17, 2000, PER SURVEY BY
FLORIDA DESIGN CONSULTANTS, DATED APRIL 26, 2000; THENCE ALONG SAID MEAN HIGH WATER
LINE, N56'S8'19'E, FOR 26.35 FEET TO A POINT, SAID POINT BEING LABELED POINT "A" FOR
REFERENCE; THENCE S49"20"5rE, 136.33 FEET, TO THE POINT OF BEGINNING NUMBER 1; THENCE
N40'39'OJ"E, 18.00 FEET; THENCE S49'20'57"E, 11.84 FEET; THENCE N87'06'40"E, 65.90 FEET;
THENCE S02'S3'20"E. 18.00 FEET; THENCE S87'06'40"W, 73.09 FEET; THENCE N49'20'57"W, 19.03
FEET, TO POINT OF BEGINNING NUMBER 1; THENCE RETURN TO SAID POINT "A" FOR REFERENCE;
THENCE CONTINUE ALONG SAID MEAN HIGH WATER LINE, THE FOLLOWING 11 COURSES; (1) THENCE
N56'5B'19"E, FOR 8.01 FEET; (2) THENCE N44"48'11"E. FOR 9.81 FEET; (3) THENCE N38'26'OO~E,
FOR 21.47 FEET; (4) THENCE N48'46'43"E. FOR 20.06 FEET; (5) THENCE N51'26'48"E. FOR 19.59.
FEET; (6) THENCE N42'17'54"E, FOR .19.27 FEET;' (7) THENCE N41'34'55"E. FOR 19.45 FEET; (8)
THENCE N42'48'04"E. FOR 18.56 FEET; (9) THENCE N44'43'29"E. FOR 19.31 FEET; (10) THENCE
N42'32'17"E. FOR 19.55 FEET; (11) THENCE N36'38'28"E. FOR B.71 FEET, TO POINT OF BEGINNING
NUMBER 2; THENCE CONTINUE N36'38'28"E, 51.39 FEET; THENCE S47'55'53"E, 31.20 FEET; THENCE
S42'44'4rW, 15.87 FEET; THENCE S47'55'53"E, 127.41 FEET; THENCE N87'06'40"E, 67.86 FEET;
THENCE S02'53'20"E, 18.00 FEET; THENCE S87'06'40"W, 75.31 FEET; THENCE N47'S5'53"W, 135.07
FEET; THENCE S42'44'4rW, 16.39 FEET; N49'5S'48"W, 25.76 FEET, TO POINT OF BEGINNING NUMBER
2.
LEASE AREA NUMBER 1 CONTAINING 1 ,529 SQUARE FEET OR 0.035 ACRES MORE OR LESS.
LEASE AREA NUMBER 2 CONTAINING 5,096 SQUARE FEET OR 0.117 ACRES MORE OR LESS.
REPORT CONTINUED ON SHEET 2
AODInONS -OR DaEnONS TO ~ YAPS OR REPORts BY OTH~ lHAN THE SlGNINO PART'r OR PARTIES 1$
PROItIlllED "'lIIOUT 1HE VoRlTIEN CCNSEIIT OF lIIE ~1Oa PARTY 011 PAlUlES.
,
1II1S SURVEY N<>T VAll<> ."'!HOUT!HE SI~lURE AN" =AL RAISED SEAl CF A fLORlIlA UCfNSED
CfTY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
SAND KEY SAlUNG CENTER
SURVEYOR'S REPORT
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S 17 - Twp 295 - Rng 15
Plnellas County, Florida
DATA SOURCES:
1. The bearing basis are. based on the southeasterly right-of-way line Gulf Boulevard being
assumed as N42'13'31 "E. as shown on map of survey.
2. This legal and sketch was prepared based on the information from the SPECIFIC PURPOSE
SURVEY prepared by Florida Design Consultants, Inc. (FOC), jOb number 212-04, dated 03/16/00
last revision on 04/26/00.
3. The location of the mean high water level of 1.40 feet, national vertical datum of 1929 (NGVC
29) was supplied by the said FDC survey.
4. Elevations are based upon an unpublish.ed Pinel/as County survey division bench mark, bench
mark designated point 6 (sfn 376), found "x" cut in sidewalk east side of Gulf Boulevard at the
north side of the Radissan Suite Resort, elevation = 5.856 feel Pinellascounty survey division
parent bench mark designated "HARRIS EN, PID-AG0577, a national geodetic survey control staH
elevation 6.716, national geodetic vertical datum, 1929, per FOC survey.
LIMITATIONS:
I
1. Use of this survey by anyone other than those prepared for/certified to, will be the re-users
sole risk without liability to the surveyor. .
2. There may be additional easements and/or restrictions affecting this property that may be
found in the public records of this county.
3. Printed (jimensions shown an the survey supersede scaled dimensions. There may be items
drawn out of scale to graphically show their location.
4. Lost date of field work 12/06/00.
5. The mean high water line elevation of 1.40 feet, national geodetic vertical datum, 1929, was
field located by Florida De~ign Consultants, Inc., on March 17, 2000.
6. No information for the property owner or the adjoining property owners was provided to the
surveyor.. .
7. Underground foundations and their locations have not been determined or located.
8. This is not a boundary survey. All mean high water line information was provided by the said
FDC survey. All additional lease area information was calculated and created by the City of
Clearwater.
9. Limited interior mapping was performed and shown on this survey for necessary permitting
issues.
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Apparent physical use:
The subject property is being used as the Clearwater sailing center for boat launch and recovery,
lying within the southwest 1/4 of section 17, township 29 south, range 15 east, Pinellas county,
Florida.
Easemen ts/righ t-of-way:
1. . No easement information affecting the subject property was provided to the surveyor.
2. No documentation on right-of-way for Gulf Boulevard (CR 183) was provided to the surveyor.
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CITY OF' CLEARWATER, FLORIDA
PU8UC WO~KS A~~!NISTRATION
ENGINEERING
SAND KEY SAIUNG CENTER
SURVEYOR'S REPORT
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5/03
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DEP PERMIT
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ATTACHMENT A
PAGE 14 OF 23 PAGES
SSLL NQ 520030664
SWcarotSWV"
af See 17- 2QS-t!5i:
S 1'7 - Twp 29S' - Rng 1~
Pinellas County, Florida
O' 40' 80'
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SCALE: 1" = 40'
GRAPHIC SCALE (IN FEET)
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_mONS OR DaE1I01S TO SUR\IEY YAPS OR REPCRlS BY OlliER lHAN lIfE SIGNING PARlY OR PARlIES IS
PRCIH~tED 'MlHOUT .THE WRtTttN CONSENT Of' 1liE: SIGNING PARTY 0fI PARnES.
CITY OF. CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
SAND KEY SAILING CENTER
SKETCH OF ADDITlONAl
LEASE AREA
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ATTACHMENT A,
PAGE 15 OF 23 PAGES
SSLL NQ 520030564
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~MHW Line Elev. 1.40 per FOC Survey
Doted A ril 26, 2000
DOCK #2
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Pinellos County, f'lorida
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P.E. I 33721 .
ATTACHMENT A
PAGE .1!. OF 23 PAGES
SSLL NO. 520030564
6-/Z-Q5
DAlE SIGNED
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CITY Of CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
SAND KEY SAlLING CEN TER
RIPARIAN RIGHT'lINES LOCATION
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THIS ~:.~RItA::T,{ DElED, made and t:x..'::lll~ea. t:11.5 7 tl. .J.."
of February; A.D. 1973, by UNITED STATES STEEL CORPORATION,.
a Delaware corp9ration au~horized to do business in the State
Qf Florida, .and having a place of b'Jsiness in the COlJntv of
Pinellas, and State of Florida, hereinafter called the iGrantor,"
to CITY OF CLEARWATER, a municipal corporation, whose mailing
address is P. O.Box "4748, Clearwater, Florida, 33519, herein-
after .called the "Grantee. II
WIT N E SSE T H:
That the Grantor, for and in consideration of Ten Dollars
and other good and valuable considerations, the receipt where-
of is hereby acknc\olledged, by :these present,sdo.:!s grant, bargain,
sell, alien, remise, release, convey and confirm ~~to the
Grantee, all that certain real property located in Pinellas
County, Florida, viz:
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1. Taxes and assessments fOL" t:-'e year 197] ,and Sllbs~.e- ,"" i
quent years. , '/2~~'::'~c-,',' .I
2. Reservations of oil, gas and minerals by I;he 'r:f~l~te,js",,,,, 'I'
of the Internal !mprove::i.1nl: Func of the State of Flor:idi:l :9.ontain....:: I
in Instrumon+- Nos HIS':;<\')i:\ 911 ~701'1 an'l 25"2<:" t);ne'1;).l:'" i'.,',:.,
. - ,- - .. -. -.-., _. h,., ~ .'.,.. "," " .:.;,ii,,{'i
County Records - \f~ "." "
3. SuJ:ljec~ to afl~ dparian rights, =ight", c..f accJ:..,ii'b~'II;~:;:"1
or reliction, submerged l.ands or any oth(l~ wat!::, ri.ght~ vf c, ..
any nature I-Ir,a.tsoevp.r. I
. 4. Subject to. an~' ,:llld all ri<J~;ts of th..'l publ.:.c ant! of )
the County of Pinel las, St~l:e 'oJ! In'Jrida, ar.J tjlsFeup.ral I
Governrroent, in, to, or :m all? l.<lnd:; b",lol',' the mean h1':ih ;/C..!:e:r I
mark oE the prem.i.s-:s, .:\11 ;.!;':,i:",::,s ,O;I.Il.To'Jndi.n';r th.1 p:n:r.l.!.ses I
or any bulkhead lines or navigational rig~t= in said waters, I
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(See legal description shown as Parcel lA and Parcel
1B attached hereto)
Together with, without covenants of war~anty, ~u~h ri?arian
rights as may be appurtenant to the land being conveyed, it
being understood that said ripariar: rights shall mean the
free and unobstructed view of the water,
TO HAVE AND TO HOLD, the same in fee simple fcrcv~r,
50 long, however, as Grantee shall not sell or convey, Idthin
tl"enty-five (25) years from.the dutehereof, allY of th!;! propart~'
described herein to any person or o:::ganizi\ti.l:ln other than
the County of Pinellas, the State of Florida or the Uni.ted
States of America.
AND, the Grantor hereby coven<:nts with "aid Granb;~::'! thnt
it is lawfully sei zed of said real P~'oPQrty in foe.;; sia:[Jl '1;
that it has good right and lawful authority to sell and Con-
vey said propertYi that it hereby full~ warrants the tit~e
to said real pr.operty and will defend the same against the
lalo.-ful claims of all persons \o'h()m:;oever; and !:.h~ t said ::-e'al
property is free or all encumbrances, less and except tr,e
following:
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~1=llAI:.'. I:OD:~t, II as a
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5, Su~ject to tbs ri]~ts,
public oei:lch or r~;:'r.~~\t.tCJa
i.r ci!l~'.. or ti!t.! public to l',se
..~i:'ea c~r.~. pare .:.:-,;: th~ l'::iicl
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ATTACHMENT B
PAGE 1L OF 23 PAGES
SSLL NO. 520030564
~. Signed I sealed and del;ivered
~_the presence of:
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':. '. '.: ..- ~ Assi'stant Secretary
"~' ~":' ::Un5!:hed S~ates Steel Corporation
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lying between the waters of the Gulf of Mexico and Clea~later
Bay and the natural line of vegetation, bluff, extrem~ high
water line or .other apparent boundary line separating the
said areas from the uplands. .
6~ Subject to the rights, if any, of the plaintiffs
in"Circuit Civil No. 37354, Circuit Court of the Sixth .1udi-
cial 'Circuit in and for Pinellas County, Florida.
IN WITNESS vffiEREOF, the Grantor has caused these presents'
to be executed in its name, and' its corporate seal to be here-
unto affixed by. its proper officers thereunto duly authorized,
the day and year first above written.
UNITED STATES STEEL CORPORATIO~
/J J"? ~, ,. J
By ~I ..' .Z. ^"'1j..,,1t.6~~~r'.li.."
(~. R, DEMBECK ·
l.i?residant
USS 'Real ty Development Division
.. ST,ll.TE ;:JF.' FL.i~r~~TEL.i:"i
.JJoo .._~ ~2(ll!..~~~j..rf.~.~~..::-~:;::~~~;:; 1.::.JtJ~.:1~ i
~;~ c.', rrr. O;./:"E...~.-!ii;{i{:~...:~;~:...tJ !l n r:,., i
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n -=-..:.!.~:~__ '~'~...-_---:.t.
STATE OF FLORIDA
COUNTY OF PINELLAS
. .' ". ."..." .' ... . " . .;~ ;;.".."
I HEREBY CERTIFY, that on this 7th day of February,
1>..0. 1973, before me personally appeared J. R. DEl.IBECK and
1'1. H. WOOLVERTON, JR. , Presi.dent of l1SS Rl::1-.LTY DE','ELC?P:.!2NT I
DIVISION and Asslstant Secretary of UNITED STl'.TES STEEL C(,'.U'O~A'l'ICq,
respectively / a corporad.on undel.' the laws of the State of I
Delaware, to me knmm to be the persons descri !.led in and I';ho I
executed the foregoing Warranty Deed and severally acknowledged I
the e~ecution thereof to be their free act and ceed ae such
officers, for the uses and purposes therein mentioned, and I
that they affixed thereto the official seal of said corpurati.::m /
and the said instrument is the act and d=ed of said ccrporati
WITNESS my har.d and official seal at Clearwater, in t~~;~:2::,:f~;~..~,
9ounty'of Pinellas, and State of Florida/the day and year/'. ~1' .
last aforesaid. l I , ...
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ATTACHMENT B
PAGE .!! OF 23 PAGES
SSL.L. NO. 5200a0564
. ,....
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UNITED STATES STEEL CORPORATION TO CITY OF CLEARWATER
PARCEL lA
Starting at the Southwest Corner of Section 17, Township 29 South,
Range 15 East
Beginning.
Thence run along an arc of a curve to the left having' n. readius of
1859,86 feet, a chordbeal'ing of N 28. 16' 20''' E and a chord length
of 513.26 feet.
Thence rUn
N 68.' 39' 32" \V
20'0', 00 .feet.
Thence run along a curve to the left havinz a radius of 1659.36 f-=ct,
chord bearing N 17. OS' 32" E and chord length of 2'U.07 feet,
Thence run N 12. 56' 36" E 110.00 feet,
Thence ru;'l N 77. 00' 00" W 10'05 ieet plus or Ini'nus
to the ~ean High Watel" Line of the Gull o( j....lcxico.
Thence run along said Mean Hi&hWatcr Line to a Point, said Point
b-:ing the intersection oC the I\.lcan High Water Line and a . line having
a Bearing oC
N 47. -t6' '29" 'NCH Crem the Point ol Beginning.
'Fhence run
~ 47. 46' 29" E
1310 feet plus Dr minus to the
Point oC J?eginning.
ATTACHMENT B
PAGE 19 OF 23 PAGES
SSLL NO:- 520030564
'.
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D. 1.,3991 P4cd099
UNITED STATES STEEL CORPORATION TO CIT~ OF CLEARWATER
PARCEL 1 B
Starting at the! Southwest Corner of Section'17: Township 29 South,
Thence run along a curve to the left having a radius of 1959.36 feet,
a Chord Bearing of N 29. 24' 02" E
5-19.55 feet,
Thence run
S 68. 39' 32" E
108.00 feet plus or minus. to the
Mean 'Hig~ .\'!ater Lino of Clearwater Harbor.
Thence .run along said High WaterLine to a Point, said Point
being toe inlersection of the Mean High "later L;nl; and a .line
Thence rUll
having thei' earing of S 47. 46' 29" E from the Point of P cgilu:ing.
N 47' 46' 29" Y;
58. GO feet plus or minus to th".:
Point of ccginnin!?.
ATTACHMENT B PAGES
PAGE 20 OF 23
SSLL ~ 520030564
I
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FEE SHlPLE DEED
.TIllS DEED, made this ~ day of February , 19.11..,
by PINELLAS COlJN1Y, FLORIDA, party of the first part, and the Clrr OF
C~~ATER, a municipal corporation of the State of Florida, party of the
~_~ . ~7"';rP
second part,~.-e.o-, .:r.:r.::;Ij"
WIT N E SSE T H:
. That the said party of the first part, for and in consideration
of the. ,sum of $1.00 to it in han~ paid by the party of the second part,
receipt whereof is hereby aeknowledged, has granted, bargained and sold
to the party of the second part, his heirs and assigns forever, the fol-
lowing described land lying and being in Pinellas County, Florida:
or C~sh~ .
.w Ilei: ~'f'?("") (i~.~~)
41 St '::Yo ( ..... ",.."J )
42 Sur ""'5" ~I @-.s-l,)
o Inl .- ''''' _ . (See legal description shown as E;mibit "A"
Tor %.:.,,-fr.7=-ro attached hereto)
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IN WITNESS WHEREOF, the said party of the first part has
caused these presents to be executed in its name by its Board of County
Commissioners acting by the Olainnan or Vice Chairman: of said board~ the day
\, f/
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VI
;0;
and year aforesaid.
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?INELLAs OJUN1Y, FLORIDA, a political
subdivision,by and through its .
governing body, the Board of County
Commissi.oners. .
.BY ~/7ldLk-.
'.!\msr:
". '..f ", "
By.
Clerk
APPROVED AS TO fORi'1
Office of County Attorney
I3y
~e~^~~~
..AsSIstant County Attorney.' .
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This Instrument prepared by:
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WctlAS C. SGIIJ::RECK
Assistant County Attorney
315 Haven Street
Clearwater, Florida 33516
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ATTACHMENT B
PAGE 21 OF 23 PAGES
SSLL NQ 520030564
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Fee Simple Deed
from Pinellas County
to City of Clearwater
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EXHIBIT -A
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PARCEL ZB:
Beginning at th~ Southwest carrier of Section 17, Township' 29
South, Range IS East, run North 890 10' 31" East, 834.47 feet;
thence run North 420 13' 3111 East, 1831.07 feet; thence run
South 470 46' 29" East, 50.00 feet to the Point of Beginning;
thence run North 420 13' 31" East, 152.18 feet; thence run along
an arc of a curve to the left having a radius of 1959.86 feet,
a chord bearing of North 390 SO I 2311 East and a chord length of
162.96 feet; thence run South 470 46' 29" East to the Mean High
Water Line of Clearwater Harbor; thence run along said High
Water Line to a Point, said Point being the intersection of said
Mean High IVater Line and a line having a Bearing of South 470
46' 29" East from the Point of Beginning; thence. run North 470
46'29" West, 62.00 feet plus or minus to the Point of Beginning.
,.
and
PARCEL 3B:
Starting at the Southwest corner of Section 17, Township 29
South, Range IS East, run North 890 10' 31" East along South
line of said Section 17, 843.47 feet to a point of intersection
with the centerline of Gulf Blvd.; thence run North 420 131
31" East along said centerline of Gulf Blvd. , 1516.07 feet;
thence run South 47,0 46' 29" East, 50.00 feet to the Point of
Beginning; thence run North 420 13' 31" East, 315.00 feet; thence
run South 47046' 29" East, 62.00 feet to the /'(ean High IVater
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 the Bearing of South 470 46'
29" East from the Point of Beginning; thence run North 470 46'
29" \Vest, 115.00 feet plUS'OF minus to the Point of Beginning.
ll11d
PARCEL 4B:
Starting at the Southwest corner of SEcrION 17, TOI'/NSflIP 29 SOU1lI, RANGE
15 EAST, run N. 89 deg. 10' 31" E., 343.47 feet. Thence run
N. 42 deg. 13' 31" E., 1201.07 feet, thence run S, 47 deg.
46' 29" E., 50.00 feet to the P.O.B., thence run N, 42 deg.
13' 31" E'I 315.00 t:~et, thence !un S. 47 d~g. 46' 29" E., 115<; ;'1"
. feet plus or minus ~o the He~n H1gh IVat~r. L1ne of ~lear"'a~e ..,.~:rB0"P'-i';-1'~
Thence run along sud Mean 1I1gh lVate: Llne to a. POlnt. sal ..;".:P01l},~ , ~
being the intersection of the f!ean 1I11:h Water Llntl an~ a L n~ ~ g;
having a Bearing of S. 47 deg. 46' 29" E. from the POlnt flJliW&lS- IJnM
ning. Thence r';ln N. 47 D~g.. 46' 29" IV., 280.00 feet plus or FlRO.' 4U;J1
minus to the POlnt of Beglnnlng. ~. }4.lfPA
.~ ~
tt~t'/! n\~
and
PARCEL 5B
Starting at the Southwest corner of SECTION 17, TOIVNSHIP 29 SOUTH,
RANGE 15 EAST, run N. 89 deg. 10' 31" E., 843.47 feet, thence run
ATTACHMENT B
PAGE ~ OF 23 PAGES
SSLL NO. 520030564
I
I
. .
from P1nella~ County
to City of Cl@arwater
() r~ l
---..... rll(,C.l.'
, '
II
Page Two of EXHIBIT A
N. 42 deg. 13' 31" E., 886.07 feet, thence run S. 47 deg. 46'
29" E., 50.00 fe.et to Point of Beginning. ThenCe run N. 42 deg.
13' 31" E., 315.00 feet thence run S. 47 deg. 46' 29" E., 280
feet to the_Mean High Water Line of Clearwater Harbor. Thence
run Southwesterly ~long said Mean High Water Line to a Point,
said Point being the interse'ction of the lifean High I~ater Line
and a Line having the Bearing of S. 47 deg. 46' 29'" E., from
the Point of Beginning. Thence run N. 47 deg. 46' ,29" W.,
237.00 feet plus or minus to the Point of Beginning.
...-.....:.~.......
.....: ':", :'~"
" ".\
..'\
..\
". .;;\
3 2000
~
ATTACHMENT B
PAGE ~ OF .lL PAGES
SSLL NO. 520030564
Pi)-L
b
City Council
Cover Memorandum
\d'~
Tracking Number: 1,713
Actual Date: 11/16/2005
Subject / Recommendation:
Amend Code Sections 6,21 and 6,31, Open Consumption of Alcohol and pass Ordinance 7543-05
on 1st reading.
Summary:
1. Code Section 6,31 has been on the books for many years and prohibits the consumption of
alcoholic beverages and the possession of opened or unsealed containers containing an alcoholic
beverage in variously defined public places such as the beach, public parking lots and parks,
2. Section 6,31 also prohibits the consumption of alcoholic beverages within 500 feet from an
alcoholic beverage establishment.
3. The existing code created two enforcement problems: (1) before taking enforcement action
against an individual who was located within 500 feet from an alcoholic beverage establishment,
an officer had to actually observe an individual drink from an open container of alcohol; and (2)
while it was unlawful for an individual to consume alcohol or posses an opened or unsealed
container containing an alcoholic beverage on a publicly owned parking lot, an individual could
consume alcohol or posses an opened or unsealed container containing an alcoholic beverage on
a nearby privately owned parking lot of a commercial establishment,
4. The proposed revisions will make it unlawful for a person to possess an opened or unsealed
container containing an alcoholic beverage within 500 feet from an alcoholic beverage
establishment or to consume or possess an opened or unsealed container containing an alcoholic
beverage on a privately owned parking lot that is opened to public use for the purpose of
vehicular traffic such as the parking lots of malls, convenience stores, hotels, motels, and other
commercial establishments.
5. It is well established that allowing crowds to congregate and drink alcoholic beverages
outside the premises where alcohol is sold and on parking lots opened to the pubic for the
purpose of vehicular traffic leads to intoxicated disorderly conduct, traffic hazards, destruction of
property, excessive noise and litter, and criminal activity, including illegal narcotics activity in
these spaces,
6. The ordinance provides for appr
opriate exceptions to special events, permitted sidewalk cafes or other locations licensed by the
State of Florida for the sale or consumption of alcohol.
7. The ordinance also provides for exceptions to publicly owned buildings such as the
Harborview Center when rented for private parties or when authorized by the public agency that
owns the property, so long as the sale or consumption of alcoholic beverages would otherwise be
in compliance with the beverage laws of the State of Florida.
8. Code section 6.21 creates a definition for "opened or unsealed container containing an
alcoholic beverage."
Originating: Police
Section Other items on City Manager Reports
~~ter
Q~
City Council
Ag~!,~da c;,9~,~r",~_!,!!!,9,r~=~~ u m ="'~~,_"~"~,
Category: Code Amendments, Ordinances and Resolutions
Financial Information:
Review Approval
Sid Klein 10-25-2005 10:03:12
Garrv Brumback 11-03- 2005 13:12:06
Rob Surette 10-25-2005 10:26:55
Bill Horne 11-03- 2005 16:27:46
Cyndie Goudeau 11-03- 2005 17:07:06
~ \~.~
ORDINANCE NO. 7543-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 6,21, CODE OF ORDINANCES, TO CREATE A
DEFINITION FOR "OPENED OR UNSEALED CONTAINER
CONTAINING AN ALCOHOLIC BEVERAGE"; AMENDING
SECTION 6.31 (2) AND (3), CODE OF ORDINANCES, TO
PROHIBIT BOTH THE CONSUMPTION OF ALCOHOLIC
BEVERAGES AND THE POSSESSION OF OPENED OR
UNSEALED CONTAINERS CONTAINING AN ALCOHOLIC
BEVERAGE ON OR WITHIN 500 FEET FROM THE PREMISES
OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT EXCEPT
WITHIN LICENSED AREAS OR ENCLOSED BUILDINGS OR
ON PROPERTY OCCUPIED BY RESIDENTIAL STRUCTURES;
AMENDING SECTION 6.31(4), CODE OF ORDINANCES, TO
PROHIBIT THE SALE OR CONSUMPTION OF ALCOHOLIC
BEVERAGES AND THE POSSESSION OF OPENED OR
UNSEALED CONTAINERS CONTAINING AN ALCOHOLIC
BEVERAGE ON ANY AREA OPEN TO THE USE OF THE
PUBLIC FOR PURPOSES OF VEHICULAR TRAFFIC OR ON
PUBLICLY OWNED PROPERTY WITH SPECIFIED
EXCEPTIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the congregation of crowds of people in and around vendors of
alcoholic beverages has led to the public consumption of alcoholic beverages and the
possession of opened or unsealed containers containing an alcoholic beverage, leading to
intoxicated disorderly conduct, destruction of property, excessive noise and litter, and
creating a haven for criminal activity, including drug dealing, and further creating a
dangerous condition for law enforcement personnel responding to calls at those locations;
and
WHEREAS, the uncontrolled consumption of alcoholic beverages and possession of
opened or unsealed containers containing an alcoholic beverage on the grounds of publicly
owned buildings or on publicly or privately owned areas open to the use of the public for
the purpose of vehicular traffic contributes to intoxicated disorderly conduct, traffic hazards,
destruction of property, excessive noise and litter and creates a haven for criminal activity,
including drug dealing, and further creates a dangerous condition for law enforcement
personnel responding to calls at those locations; and
WHEREAS, Section 316.1936, Florida Statutes (2004), makes it unlawful to
consume an alcoholic beverage or possess an opened or unsealed container containing an
alcoholic beverage while in or on a vehicle that is located on a street or parking lot that is
open to public use for the purpose of vehicular traffic; and
Ordinance No. 7543-05
WHEREAS, under Florida law, the prohibition contained in Section 316.1936,
Florida Statutes (2004), extends to those areas of commercial establishments that are
open to the use of the public for the purpose of vehicular traffic, including parking lots; and
WHEREAS, the city council finds that the extension of the city's prohibition against
the consumption of alcoholic beverages and possession of opened or unsealed containers
containing an alcoholic beverage to persons afoot who are consuming alcoholic beverages
or who are in possession of opened or unsealed containers containing an alcoholic
beverage and who would otherwise be in violation of Section 316.1936, Florida Statutes
(2004) if they were in or on a vehicle while consuming the alcoholic beverage or
possessing the opened or unsealed container will reduce intoxicated disorderly conduct,
traffic hazards, destruction of property, excessive noise and litter and will reduce criminal
activity, including drug dealing; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 6.21, Code of Ordinances, is amended to read as
follows:
Sec. 6.21. Definitions.
*****
Bottle Club means an establishment at which alcoholic beverages are
served during any of the hours of closing as established in section 6.29 in
connection with the sale of a nonalcoholic beverage, ice, the service of mixing
the drink, or other thing of value,
Opened or Unsealed Container Containina an Alcoholic Beveraae
means any vessel or container containinq an alcoholic beveraqe. as defined
herein. which is immediatelv capable of consumption or the seal of which has
been broken. notwithstandinq the fact that the vessel or container has been
recapped or covered. excludinq a bottle of wine that has been resealed
pursuant to Section 564.09. Florida Statutes (SuPP. 2005).
Premises means that portion of a parcel of property occupied by an alcoholic
beverage establishment. With respect to any business establishment engaged in a
business primarily other than the sale or consumption of alcoholic beverages and which
maintains a separate section within such business establishment for the sale or
consumption of alcoholic beverages, the term shall be limited to such separate section.
*****
Section 2. Subsections (2), (3) and (4) of Section 6.31, Code of Ordinances,
are amended to read as follows:
2
Ordinance No. 7543-05
Sec. 6.31. Prohibited acts.
*****
(2) It shall be a violation for any person to consume any alcoholic beverage. or to
possess any opened or unsealed container containino an alcoholic beveraoe. on any
property under the control, directly or indirectly, of the licensee, except within the area
of the premises which is licensed for such sales and consumption.
(3) It shall be a violation for any person to consume any alcoholic beverage. or to
possess any opened or unsealed container containinq an alcoholic beveraoe. off a
licensed premises and within 500 feet thereof, except within enclosed buildings. within
an area occupied by another alcoholic beveraqe establishment when that area is
licensed for such consumption. or on property occupied by residential structures, The
distance set forth in this subsection shall be measured by following a straight line from
that portion of any structure licensed for the sale of alcoholic beverages nearest to the
place of violation of this subsection.
(4) It shall be a violation for any person to sell or consume any alcoholic beverage, or
to possess any opened or unsealed container containing an alcoholic beverage, at the
following places, except pursuant to an alcoholic beverage special event permit issued
under the provisions of section 22,88 through 22,91.l 9F pursuant to a sidewalk cafe
permit issued under the provisions of section 3-201 C, of the Land Development Code.l
or pursuant to a license issued by the Division of Alcoholic Beveraqes and Tobacco of
the Florida Department of Business and Professional Reoulation that permits the sale
or consumption at the location:
(a) On any public beach.
(b) On or in any public street, alley, sidewalk, parking lot or right-of-way,
including but not limited to unimproved public street rights-of-way
terminating at a body of navigable water. "Public street" or "parkinq lot" as
used in this subsection shall mean those areas described in Section
316.003(53). Florida Statutes (2004). which are defined to include the
entire width between the boundary lines of a way or place if any part of
that way or place is open to public use for the purpose of vehicular traffic,
includinQ the parkinq lots of malls, strip centers, convenience stores.
hotels, motels. or other commercial establishments.
3
Ordinance No, 7543-05
Community Sailing Centor, when tho sale or consumption of alcoholic
bevorages has boen authorized by tho terms of any lease or other
agreement approved by tho city commission,
~~ On ffi any other public!1: owned property building, except on ffi any portion
of a public!1: owned property building when rented to private parties or
when authorized bv the public aQencv that owns the property so 10nQ as
the sale or consumption of alcoholic beveraQes would otherwise be in
compliance with the Alcoholic BeveraQe Laws of the State of Florida. +rns
prohibition shall not apply to tho Performing Arts Centor and Theater or
tho_Harborview Contor.
~ On any portion of the Courtney Campbell Recreation Area as defined in
section 22.21.
*****
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:
Robert J, Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
4
Ordinance No, 7543-05
END -8,
~....~
u~
City Council
Cover Memorandum
\d.Y
Tracking Number: 1,691
Actual Date: 11/16/2005
Subject / Recommendation:
Adopt Resolution 05-38 requesting the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida ("TIFF") enter into a 50-year lease with the City for TIFF owned
property known as the Clearwater Armory, legally described as Lot 1, GREENFIELD
SUBDIVISION, located at 708 N, Missouri Avene and approve TIFF Lease Agreement Number
4503 that, among its provisions, requires payment of a $300 annual administrative fee and
submittal of a Management Plan within 10 months following lease commencement, and
authorize appropriate City officials to execute same.
Summarv:
The Florida National Guard ("Guard") leased the Clearwater Armory at 708 North Missouri
Avenue from TIFF since 1967, until relocating operations to the new Joint Armed Forces Reserve
Training Center in Pinellas Park earlier this year,
In June 2004 the Guard inquired if the City would be interested in leasing the facility. Following
preliminary discussions, the City Manager sent a written request to the Florida Division of State
Lands on September 30, 2004 to develop a 50-year lease authorizing the City to utilize the
property for an event support facility and to house the Parks and Recreation Department's
electrical operations.
The two 1940 vintage steel and masonry buildings on the 3.13-acre site contain over 17,800
square feet of space. A physical inspection of the property by City staff on November 30, 2004
concluded the buildings were solidly constructed and in generally good condition.
Both the Guard and the City employed environmental firms to inspect, sample and assess the
present environmental status of the property, Investigatory findings are contained in three
Environmental Reports that together establish the current environmental baseline for the
property. The lease provides that the City has no liability to either the State or third parties for
any reported environmental conditions, but may be held responsible for additional environmental
degradation should it occur during the lease term.
As stipulated in the Lease Agreement, the City will utilize the Armory for the establishment and
operation of an event support facility, other municipal and recreational based programs, and
related uses to be designated in the Management Plan the City must submit within 10 months
following lease commencement.
Anticipating this lease, Parks & Recreation staff budgeted $40,000 in the special events
operating budget (1804) for FY 2005/06 to cover operating expenses, including the $300 annual
State administrative fee. In addition, Capital Improvement
Project 3248 was established and approved for $330,000 to provide for Armory renovations.
Following adoption of Resolution 05-38 and approval and execution of the Lease Agreement by
City officials, the Lease Agreement will be returned to TIFF for final execution. It is anticipated
the Effective Date of the lease will be on or before January 1, 2006.
A copy of Resolution 05-38 and the Lease Agreement are available for review in the Office of
Official Records and Legislative Services,
Originating: Engineering
~~
u.~ ~.",~~~~gendC!L~over Memora.!!!!,!:!_I!!,....~.,~_~.,,.__"_"""~="",,..,,..'".,@~,..."""_,,,
City Council
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$340,000,00
Annual Operating Cost:
$40,000,00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$370,000,00
Not to Exceed:
$370,000.00
Appropriation Code(s)
010-01804
Amount
$40,000,00
Comments
Special events operating budget and
annual administrative fee..
315-93248
$330,000,00
Budgeted for Armory renovations,
Review Approval
Kevin Dunbar
10-22-2005 21 :57:07
~~
C>.~ ._mm....~gen~m~.m.~!lve! M~~ilndum ..m.
City Council
Laura Lioowski
10-28-2005 16: 17: 12
Bill Horne
11-03-2005 16:38:03
Michael Ouillen
10-24-2005 14:46:59
Cvndie Goudeau
11-03-2005 16:56:02
Tina Wilson
10-27-2005 08:48:46
Garry Brumback
11-03-2005 09:36:07
&- . 6\)(;1- (~
RESOLUTION 05.38
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ("CITY"), REQUESTING
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA ("BOARD OF TRUSTEES"), ENTER INTO A 50-YEAR
LEASE WITH THE CITY OF BOARD OF TRUSTEES OWNED REAL PROPERTY AS
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Trustees is vested with title to real property legally described as Lot 1,
GREEN FIELD SUBDIVISION, as recorded in Plat Book 31, Page 28, of the public records of Pinellas
County, Florida, addressed at 706 North Missouri Avenue, Clearwater, Pinellas County, Florida; and,
WHEREAS, said real property is anticipated to become vacant and available for lease by the
Board to the City on or before January 2006 in accordance with provisions of Section 253.034, Florida
Statutes; and,
WHEREAS, the City proposes to lease for a term of 50 years and utilize said property for the
purposes of establishment and operation of an event support facility and other municipal and
recreational based programs, along with other related uses necessary for the accomplishment of this
purpose; and,
WHEREAS, the desirability and benefits to be derived from entering into a 50-year lease
of the subject property for the stated purposes, subject to the obligations and responsibilities imposed
thereby as provided in Chapter 18 - 2.021(4), Florida Administrative Code (Management Plans), all
having been duly considered:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. A formal request made to the Board of Trustees that it cause to be drafted and
provide a Lease Agreement proposing to enter into a lease with the City of Lot 1, GREEN FIELD
SUBDIVISION for a term of 50 years to be utilized for the purposes of establishment and operation of
an event support facility and other municipal and recreational based programs, along with other related
uses necessary for the accomplishment of this purpose, is hereby approved.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
Laura Lipowski, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
C:\Documents and Settings\mona.kaushal\Local Settings\Temporary Internet Files\OLK6\RES 05.38 (ARMORY
LEASE)101405.doc