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05/15/2014Thursday, May 15, 2014 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda May 15, 2014City Council Meeting Agenda 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 (right-hand 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. Presentations 4.1 AHEPA Day Proclamation 4.2 Poppy Days Proclamation - Gi Gi Janesik 4.3 Safe Boating Week Proclamation - Petty Officer Craig Sappo, U.S. Coast Guard; Flotilla Commander Manny Sosa, U.S. Coast Guard Auxiliary; Lt. Commander Edward O’ Brien, Clearwater Sail & Power Squadron; Marine and Aviation Director Bill Morris 4.4 EMS Week Proclamation 2014 4.5 Youth Sportsmanship Awards 4.6 Public Works Week Proclamation , May 18-24, 2014 - Public Utilities Director Tracy Mercer, Engineering Director Mike Quillen, Solid Waste/General Services Director Earl Gloster 4.7 World Diversity Day Proclamation , May 21, 2014 - Jennifer Obermaier and Bennett Elbo, Clearwater Diversity Council Co-Chairs 4.8 TBARTA Presentation - Bob Clifford 5. Approval of Minutes Page 2 City of Clearwater Printed on 5/14/2014 May 15, 2014City Council Meeting Agenda 5.1 Approve the minutes of the May 1, 2014 City Council Meeting and the April 21, 2014 Special City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Provide direction on the proposed Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater , providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on June 5, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004) 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1278 Palm Street and 2017 North Betty Lane; and pass Ordinances 8564-14, 8565-14 and 8566-14 on first reading. (ANX2014-03007) 7.3 Approve the Annexation of a portion of the road right -of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, consisting of a portion of Section 06, Township 29 South, Range 16 East; and pass Ordinances 8558-14, 8559-14, and 8560-14 on first reading. (ANX2014-02005) City Manager Reports 8. Consent Agenda 8.1 Approve the new Florida Department of Transportation (FDOT) Traffic Signal Maintenance and Reimbursement Agreement , which allows the City to be financially reimbursed by FDOT for maintaining state traffic signals on the state highway system within the City limits and authorize the appropriate officials to execute same. (consent) 8.2 Approve a blanket purchase order to Harcross Chemicals, Inc., of Tampa, FL in the amount of $530,212.64, for liquid Sodium Bisulfite Solution, for a 1-year period, with two additional annual extensions, in order to meet the requirements of the Florida Department of Environmental Protection and authorize the appropriate officials to execute same . (consent) 8.3 Award a construction contract to Metro Equipment , Inc. of Miami, Florida, for the Safety Harbor Sanitary Sewer Flow Meter Replacement project (11-0035-UT) in the amount of $676,050.00 and authorize the appropriate officials to execute same . (consent) Page 3 City of Clearwater Printed on 5/14/2014 May 15, 2014City Council Meeting Agenda 8.4 Approve additional staff (2,180 hrs or 1.05 FTE’s) for the North Greenwood Recreation and Aquatics Complex (NGRAC) for youth programming to be funded by JWB through Coordinated Child Care. (consent) 8.5 Award a Construction Contract to Gator Grading and Paving LLC of Palmetto , Florida for the 2014 Street Resurfacing Project (14-0025-EN) in the amount of $3,329,125.36, which is the lowest responsible bid received in accordance with the plans and specification, and authorize the appropriate officials to execute same. (consent) 8.6 Approve First Amendment to the Cultural Facilities Grant between the City and the State of Florida, Department of State, Division of Cultural Affairs (FDCA), to clarify language in the original Agreement regarding the scope of work , deliverables, and project budget and authorize the appropriate officials to execute same. (consent) 8.7 Approve Second Amendment to Revocable License Agreement between the City and Emerald Coast Bungee, Inc., to clarify language regarding employee background screening, and authorize the appropriate officials to execute same . (consent) 8.8 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2014/15 special events, including five annual city events; and fourteen city co-sponsored events, at an estimated General Fund cost of $389,090 ($24,300 cash contributions and $364,790 in-kind contributions) and Enterprise Fund cost and fee waiver of $90,840 for the purposes of Fiscal Year 2014/15 departmental budget submittals. (consent) 8.9 Award a contract (purchase order) to Elster American Meter in the amount of $964,725.00 for the purchase of diaphragm gas meters (Items 1, 2, 3, 4), from June 1, 2014 through May 31, 2015; to Equipment Controls Company in the amount of $118,205.00 for the purchase of rotary gas meters (Items 5, 6, 7, 8), from June 1, 2014 through May 31, 2015; to Key Controls, Inc. in the amount of $410,684.90 for the purchase of gas regulators (Items 9, 10, 11, 12, 13, 14), from June 1, 2014 through May 31, 2015, and authorize the appropriate officials to execute same. (consent) 8.10 Approve the obligations imposed on the City by the conveyance of a Distribution Easement from a private property owner to Duke Energy for the installation of electrical facilities to provide service to a production well on common area of Mission Hills Condominium Complex; and authorize the appropriate officials to execute same . (consent) 8.11 Approve a budget amendment to the City Attorney’s Professional Services budget in the amount of $100,000.00. (consent) Page 4 City of Clearwater Printed on 5/14/2014 May 15, 2014City Council Meeting Agenda 8.12 Approve City contribution to City of Clearwater Employees’ Pension Plan to subsidize buyback of prior service credit for certain hazardous duty contract employees enrolled in the Plan, for a not -to-exceed amount of $545,000, to be funded from General Fund reserves, and authorize the appropriate officials to execute same . (consent) 8.13 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the Shared Use Path on the south side of the Courtney Campbell Causeway (SR 60), authorize the appropriate officials to execute same , and provide direction regarding the timing and possible funding of the Bayshore Trail . (consent) 8.14 Approve a Contract (Blanket Purchase Order) to The Parts House of Tampa , FL in the amount of $160,000 for the purchase of replacement vehicle parts used by all city departments during the contract period June 1, 201 through May 31, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa Contract 10-P-04593 and authorize the appropriate officials to execute same. (consent) 8.15 Approve a Contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount of $220,000 for the purchase of replacement vehicle parts used by all city departments during the contract period June 1, 2014 through May 31, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa Contract 10-P-04593, bids 41081810 and 41020612, and authorize the appropriate officials to execute same . (consent) 8.16 Approve an Indemnification Agreement with Westfield Countryside Mall for use of the premises located at 27001 US Highway 19 North, Clearwater, Florida permitting Police Officers to utilize mall property for Operation Shred , authorize the appropriate officials to execute same , and authorize the Chief of Police to sign future Indemnification Agreements . (consent) 8.17 Approve the second rollover contract (purchase order) in the amount of $449,000.00 to General Utilities for the purchase of Steel Pipe and Fittings (Items 1-14, 41-43, 67-93, 96-128 and 133-160), for the period June 1, 2014 to May 31, 2015; approve the second rollover of contract (purchase order) in the amount of $417,000.00 to General Utilities for the purchase of Polyethylene Pipe and Fittings (Items 1-66 and 72-100), for the period June 1, 2014 to May 31, 2015 and authorize the appropriate officials to execute same . (consent) 8.18 Appoint Emilio Gonzales, Nola Johnson, and Carmen Santiago to the Parks and Recreation Board with terms to expire May 31, 2018. (consent) 8.19 Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $58,283 and additional 2.7 Full Time Equivalent Position (FTE). (consent) Page 5 City of Clearwater Printed on 5/14/2014 May 15, 2014City Council Meeting Agenda 8.20 Approve the Second Amendment to the Contract for Purchase of Real Property by the City of Clearwater for property located at 1140 Brownell Street; and authorize the appropriate officials to execute same . (consent) 9. Other Items on City Manager Reports 9.1 Approve correction of Resolution 14-08 by amending Exhibit A to that Resolution to correct scrivener’s error , adopt Resolution 14-16, and authorize the appropriate officials to execute same . (HDA2014-02001) 9.2 Appoint Nicole St. Clair as the Public Housing Resident member to the Clearwater Housing Authority for an unexpired term through September 30, 2017. 9.3 Approve changes to City Council Rules and adopt Resolution 14-18. 10. City Manager Verbal Reports 11. City Attorney Reports 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-110 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: AHEPA Day Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-115 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Poppy Days Proclamation - Gi Gi Janesik SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-116 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Safe Boating Week Proclamation - Petty Officer Craig Sappo , U.S. Coast Guard; Flotilla Commander Manny Sosa, U.S. Coast Guard Auxiliary; Lt. Commander Edward O’ Brien, Clearwater Sail & Power Squadron; Marine and Aviation Director Bill Morris SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-111 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.4 SUBJECT/RECOMMENDATION: EMS Week Proclamation 2014 SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-118 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Youth Sportsmanship Awards SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-113 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Public Works Week Proclamation , May 18-24, 2014 - Public Utilities Director Tracy Mercer , Engineering Director Mike Quillen, Solid Waste/General Services Director Earl Gloster SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-114 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.7 SUBJECT/RECOMMENDATION: World Diversity Day Proclamation , May 21, 2014 - Jennifer Obermaier and Bennett Elbo, Clearwater Diversity Council Co-Chairs SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-146 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 4.8 SUBJECT/RECOMMENDATION: TBARTA Presentation - Bob Clifford SUMMARY: APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 A Connected Region for Our Future City of Clearwater TBARTA Vision “A world class transportation network for the Tampa Bay region that will connect people and places, move goods and services, enhance the quality of life, and offer transportation options that are safe, sustainable, affordable, and efficient. We will act as a catalyst for a vibrant economic future through leadership, collaboration, and partnerships.” -Adopted Dec. 2008 What is TBARTA? •3.7 Million Residents, 2 Million Jobs •12 Million+ Daily Trips in the Region •750,000+ Daily TripsBetween Hillsborough, Pinellas and Pasco Counties •Congestion Increasing –3xMore in Next 25 Years •Costs Increasing While Revenue Decreases •Transportation = Economic Vibrancy How Do We Get There? Why It’s Important A Vision for the Future: •Regional Intermodal Centers •Regional Fare Collection Project •Interstate 75 Widening •Interstate Express Lanes •New Technologies •GreenlightPinellas Plan •Polk County Referendum + Join TBARTA •RegionalStudy Efforts: SMARTConnect, Wiregrass/USF, & Suncoast/Veterans How Do We Get There? Regional Projects & Efforts •Gateway Connector & 118th Ave. Express P •Howard FranklandBridge P •TIA People Mover/ Westshore Intermodal Center P •I-275/SR 60/Memorial Interchange •Express Lanes on I-275 •Extension of the Suncoast Parkway •Managed Lanes on SR 54/56 •University Parkway/I-75 Interchange What’s Our Focus? Regional Priority Projects •Vanpool: Reporting to NTD vRIDEPartnership New Technology Grow the Program to 400 Vans Commuter Services Right Now Solutions •School Program: •Currently in Hillsborough, Pinellas •Expanding to Hernando •Online Ridematching •Solution for Any Length of Trip Commuter Services Right Now Solutions TOD Resource Guide Right Now Solutions •City of Clearwater adopted myRIDE Right Now Solutions •Performance Measures •Technology •Information Resource •Funding Next Steps What’s Next? •Continue to Partnerto Improve Service & Maximize Efficiencies •Engage the Private Sectorin the Delivery of Transportation •Expand Non-traditionalMethods of Implementing Transportation Solutions Next Steps What’s Next? A Connected Region for Our Future City of Clearwater Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-086 Agenda Date: 5/15/2014 Status: Approval PausedVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the May 1, 2014 City Council Meeting and the April 21, 2014 Special City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Approve the minutes of the May 1, 2014 City Council Meeting and the April 21, 2014 Special City Council Meeting as submitted in written summation by the City Clerk. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/14/2014 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 1, 2014 Present: Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito Councilmember Hoyt Hamilton, Councilmember Bill Jonson, Councilmember Jay E. Polglaze Also Present: William B. Horne II – City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Pastor LaVerne Kirkpatrick from Flowing River Church 3. Pledge of Allegiance - Councilmember Hoyt Hamilton 4. Presentations - Given. 4.1 Check Presentation by Police Department Volunteers Clearwater Police Chief Anthony Holloway presented Council with a $190,619.00 check representing savings to the Department. The Police Volunteers provided over 8,000 hours in volunteer services in 2013. Chief Holloway thanked the volunteers for their service. 4.2 Clearwater Bombers Day Proclamation, May 3, 2014 - Dean Robinson, Event Organizer 4.3 Relay For Life Proclamation, May 16-17, 2014 - Bob Barry, American Cancer Society 4.4 Older Americans Month Proclamation, May 2014 - Jason Martino, Director of Federal programs for the Area Agency on Aging Pasco-Pinellas, Inc. Council 2014-05-01 1 Draft 4.5 Drinking Water Week Proclamation, May 4-10, 2014 – Public Utilities Director Tracy Mercer 4.6 Municipal Clerks Week Proclamation, May 4 – 10, 2014 – City Clerk Rosemarie Call 5. Approval of Minutes 5.1 Approve the minutes of the April 16, 2014 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the April 16, 2014 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Robert Formeister expressed concern regarding the traffic on Belcher Road near Gulf to Bay Blvd. during the evening rush hour. He suggested placing “Do Not Block Intersection” signs in the two intersections north and south of Gulf to Bay Blvd. Erin Bennett presented Council with a petition regarding consideration to amend the city code to allow backyard chickens within city limits. Margaret Mann expressed concern regarding the location of the new Countryside Library. Karena Morrison thanked Council and staff for their participation in Neighborhoods Day, and invited Council to the Martin Luther King Jr. Neighborhood Center on Saturday, May 3, 2014 from 4-7 p.m. to see the plans for the new center. Erin Skinner, Ron Delp, Dwight Gilbert, Sara Heckell and Anne Garris requested extended hours for the Clearwater Beach Pool and Library. Tom Nocera said Daivd Wagenvoord passed away in April; the Friends of Clearwater website has been revamped. Monterey Bay, which was used as comparable in the CMA Executive Study, is being used as a captive free model. Joe Corvino requested Council to form a Citizen Advisory Group in regards to the CMA Lease Agreement. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing Council 2014-05-01 2 Draft 7.1 Continue to June 5, 2014: Approve the Annexation of a portion of the road right- of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, consisting of a portion of Section 06, Township 29 South, Range 16 East; and pass Ordinances 8558-14, 8559-14, and 8560-14 on second reading. (ANX2014-02005) Councilmember Jay Polglaze moved to continue Item 7.1 to June 5, 2014. The motion was duly seconded and carried unanimously. 7.2 Adopt Ordinance 8547-14 on second reading, annexing certain real property whose post office address is 2205 McMullen Booth Road, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8547-14 was presented and read by title only. Councilmember Hoyt Hamilton moved to adopt Ordinance 8547-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.3 Adopt Ordinance 8548-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2205 McMullen Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Suburban (RS). Ordinance 8548-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8548-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.4 Adopt Ordinance 8549-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2205 McMullen Council 2014-05-01 3 Draft Booth Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Ordinance 8549-14 was presented and read by title only. Vice Mayor Doreen Hock- DiPolito moved to adopt Ordinance 8549-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.5 Adopt Ordinance 8552-14 on second reading, annexing certain real properties whose post office addresses are 1940 North Betty Lane, 1258 Sedeeva Circle North, 1978 North Betty Lane, 2084 Lantana Avenue, 2075 The Mall, and 1241 Union St., all in Clearwater, Florida 33755, together with certain Rights of Way of North Betty Lane, Sedeeva Circle North, and Lantana Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8552-14 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8552-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.6 Adopt Ordinance 8553-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1940 North Betty Lane, 1258 Sedeeva Circle North, 1978 North Betty Lane, 2084 Lantana Avenue, 2075 The Mall, and 1241 Union St., all in Clearwater, Florida 33755, together with certain Rights of Way of North Betty Lane, Sedeeva Circle North, and Lantana Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8553-14 was presented and read by title only. Councilmember Hoyt Hamilton moved to adopt Ordinance 8553-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2014-05-01 4 Draft "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.7 Adopt Ordinance 8554-14 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1940 North Betty Lane, 1258 Sedeeva Circle North, 1978 North Betty Lane, 2084 Lantana Avenue, 2075 The Mall, and 1241 Union St., all in Clearwater, Florida 33755, together with certain Rights of Way of North Betty Lane, Sedeeva Circle North, and Lantana Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8554-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8554-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.8 Adopt Ordinance 8555-14 on second reading, annexing certain real property whose post office address is 3119 Johns Parkway into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8555-14 was presented and read by title only. Vice Mayor Doreen Hock- DiPolito moved to adopt Ordinance 8555-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.9 Adopt Ordinance 8556-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for Council 2014-05-01 5 Draft certain real property whose post office address is 3119 Johns Parkway, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8556-14 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8556-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.10 Adopt Ordinance 8557-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3119 Johns Parkway, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8557-14 was presented and read by title only. Councilmember Hoyt Hamilton moved to adopt Ordinance 8557-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.11 Adopt Ordinance 8561-14 on second reading, annexing certain real property whose post office addresses are 1942 North Betty Lane, 1996 North Betty Lane, and 1235 Palm Street, all in Clearwater, Florida 33755, together with certain right of way of North Betty Lane located south of State Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8561-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8561-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Council 2014-05-01 6 Draft 7.12 Adopt Ordinance 8562-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1942 North Betty Lane, 1996 North Betty Lane, and 1235 Palm Street, all in Clearwater, Florida 33755, together with certain right of way of North Betty Lane located south of State Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8562-14 was presented and read by title only. Vice Mayor Doreen Hock- DiPolito moved to adopt Ordinance 8562-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.13 Adopt Ordinance 8563-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1942 North Betty Lane, 1996 North Betty Lane, and 1235 Palm Street, all in Clearwater, Florida 33755, together with certain right of way of North Betty Lane located south of State Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8563-14 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8563-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8. Consent Agenda – Approved as submitted. 8.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (Consent) 8.2 Authorize the Chief of Police to sign Memoranda of Agreements between the Council 2014-05-01 7 Draft State of Florida acting by and through the Department of Management Services, Bureau of Federal Property Assistance as the State of Florida Single Point of Contact, and the City of Clearwater Police Department for the conditional transfer of surplus military equipment that will be repurposed for use by the police department in furtherance of law enforcement operations. (Consent) 8.3 Approve a Contract (Blanket Purchase Order) to Honeywell International, Inc. Building Solutions of Chicago, IL for an amount not to exceed $180,000 for the quarterly Maintenance Fees, from May 1, 2014 through April 30, 2015, per the contracts dated November 17, 2008 and April 28, 2010, and authorize the appropriate officials to execute same. (Consent) 8.4 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed $3,700,000 for the purchase of unleaded and diesel fuel for city motorized equipment, as per City of Clearwater RFP 19-10, during the contract period May 1, 2014 through April 30, 2015 and authorize the appropriate officials to execute same. (Consent) 8.5 Award a contract (purchase order) to Richard H. Martin Roofing of Largo Florida, in the amount of $184,632.00 for the installation of a sprayed polyurethane foam roof system and acrylic coating on the roofs of Building C and G of the Public Services Complex, per Bid 13-14 and authorize the appropriate officials to execute same. (Consent) 8.6 Award a Contract (Purchase Order) for $195,643.50 to Alan Jay Fleet Sales of Sebring, FL for the purchase of five 2014 Ford F450 utility body pickup trucks, in accordance with the Florida State Term Contract 071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the Citys Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the Citys best interests; and authorize the appropriate officials to execute same. (Consent) 8.7 Approve a Contract (Blanket Purchase Order) to Waste Equipment and Parts LLC of Tampa, Florida to rebuild two Automated Side Loaders for an amount not to exceed $150,000, and authorize the appropriate officials to execute same. (Consent) 8.8 Approve a contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL, for an amount not to exceed $510,000, for the purchase of Goodyear Tires for city motorized equipment, from May 1, 2014 through February 27, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; and authorize the appropriate officials to execute same. (Consent) Council 2014-05-01 8 Draft 8.9 Approve proposal from Construction Manager at Risk Certus Builders, Inc. of Tampa, FL for the demolition phase of the Residual Processing Building (RDP) storage conversion project (13-0053-UT) for the guaranteed maximum price of $208,923.40 and authorize the appropriate officials to execute same. (Consent) 8.10 Award a contract (purchase order) to Layne Inliner, LLC, Sanford, FL, in the amount of $1,028,387.50, for the cleaning and video inspection of Stormwater outfall locations throughout the City of Clearwater and authorize the appropriate officials to execute same. (Consent) Vice Mayor Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 9. Other Items on City Manager Reports 9.1 Authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for the rehabilitation of hangars at the Clearwater Airpark and adopt Resolution 14-10. The FDOT has agreed to provide 80% funding to rehabilitate the maintenance hangar to include: replacing insulation, upgrading electrical/wiring throughout the hangar, adding outside lighting, replacing indoor lighting with cost effective LED lighting, repairing leaking roof, rehabilitating office to include new ceiling, repairing door closures and painting and adding signage in front of hangar at the Clearwater Airpark in the amount of $160,000.00. A midyear budget amendment will establish the capital project 315-94881, Airpark Hangar Rehabilitation in the amount of $200,000.00 recognizing the FDOT grant funding in the amount of $160,000.00 and allocating general fund reserves in the amount of $40,000.00. Councilmember Hoyt Hamilton moved to authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for the rehabilitation of hangars at the Clearwater Airpark. The motion was duly seconded and carried unanimously. Council 2014-05-01 9 Draft Resolution 14-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 14-10. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 9.2 Authorize a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for the rehabilitation of hangar C at the Clearwater Airpark, adopt Resolution 14-12, and authorize the appropriate officials to execute same. FDOT has agreed to provide 80% of the funding to rehabilitate hangar C at the Clearwater Airpark. The scope of this work will include but is not limited to the razing of hangar D, which is currently a shade hangar, and replacing it with a T- hangar. The rebuilding of the T-hangar will include design, concrete, electrical, plumbing, civil engineering, stormwater management and the creation of an oily water recovery system in the hangar in the amount of $400,000.00. Upon execution of the JPA, a midyear budget amendment will establish capital project 315-94882, Rehabilitation of Airpark hangar C in the amount of $500,000. Recognizing the FDOT grant funding in the amount of $400,000 and allocating Penny for Pinellas funds in the amount of $100,000. In response to questions, Marine and Aviation Director Bill Morris said the hangars will be built to the Miami-Dade wind resistance standard. The Fixed Base Operator will lose revenue during the time of construction but will make it up overtime through the additional revenue gained by renting out the renovated T-hangar. Vice Mayor Doreen Hock-DiPolito moved to authorize a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for the rehabilitation of hangar C at the Clearwater Airpark. The motion was duly seconded and carried unanimously. Resolution 14-12 was presented and read by title only. Councilmember Jay Polglaze moved to adopt resolution 14-12. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Council 2014-05-01 10 Draft Councilmember Jay E. Polglaze. "Nays": None. 9.3 Provide direction regarding changes to City Council Rules. At the April 14, 2014 work session, it was suggested that consideration be given to moving the Consent Agenda earlier in the council meeting. Staff is suggesting the Consent Agenda be placed after Citizens to be heard regarding items not on the agenda, but before public hearings. Staff is also recommending adding a Presentations category after public hearings, which will be reserved for government agencies or groups who are providing formal updates or requests to Council. Special recognitions and awards would remain at the beginning of the meeting and would be reserved for Proclamations, service awards, and other special recognitions. During the same meeting, a suggestion was made regarding opening Closing Comments by the Mayor to Councilmembers. Comments would be limited to three minutes. Currently the Mayor closes the council meeting reviewing upcoming and recent events. At the April 28 work session, it was suggested that Rule 8, Debate of Motions, Tie Votes, be amended to clarify how Councilmembers may end debate. Interactive discussion between Councilmembers on an agenda item may be ended at any time by a motion to call the question. Councilmember Bill Jonson suggested the following change for council consideration: add a subsection to Rule 6, Order of Business, to reflect the agenda outline for council work sessions: A. Presentations B. Departmental Review of upcoming council agenda items C. City Manager Verbal Reports D. City Attorney Verbal reports E. Council Discussion Items (agendaed via the City Manager) F. Council Sub Committee Reports (if any) G. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions). A concern was expressed that Council did not have sufficient time to review the proposed change. Council 2014-05-01 11 Draft Councilmember Hoyt Hamilton moved to continue Item 9.3 to May 15, 2014. The motion was duly seconded and carried unanimously. It was suggested consideration be given to require citizens speaking at council meetings complete a speaker card, as required by the County Commission. 9.4 Approve the 2014 Clearwater Federal Priorities. It was stated that the Coalition Against Larger Trucks requested city support for opposing legislation that would increase the maximum weight limit for trucks on interstates. There was consensus to add the issue to the City’s federal legislative agenda. Councilmember Bill Jonson moved to approve the 2014 Clearwater Federal Priorities, with the additional issue to support. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports – None. 11. Other Council Action 11.1 55th Anniversary Nagano Trip - Mayor Cretekos Discussion ensued regarding travel dates for the 55th Anniversary Nagano trip. There was consensus to recommend traveling anytime after April 16, 2015 and returning before May 4, 2015. It was suggested that discussion regarding the travel budget to Nagano be discussed at a future work session. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. Council 2014-05-01 12 Draft 13. Adjourn The meeting adjourned at 7:28 p.m. Mayor City of Clearwater Attest City Clerk Council 2014-05-01 13 Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-106 Agenda Date: 5/15/2014 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Provide direction on the proposed Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on June 5, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004) SUMMARY: Site Location and Existing Conditions: The 1.60-acre site (including a 35 foot by 240 foot portion of the South Gulfview Boulevard right-of-way) is bound by South Gulfview Boulevard (west), Coronado Drive (east) at the intersection of Coronado Drive and Brightwater Drive. The subject property is comprised of two parcels with a frontage of approximately 244 feet along South Gulfview Boulevard and 355 feet of frontage along Coronado Drive. The larger of the two parcels sites is occupied by the Beachview Inn, a 64 unit overnight accommodation use built in 1982 (according to Pinellas County Property Appraiser records). The second parcel is occupied by an attached dwelling unit with five units built in 1954 (also according to Pinellas County Property Appraiser records ). The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Beach Walk district of Beach by Design. Access to the portion of the site occupied by the attached dwelling unit is provided by a narrow driveway along Coronado Drive. The larger parcel is accessed via pair of two -way driveways along Coronado Drive. Parking is provided along the east side of the site. The hotel building is located along the west side of the site. The attached dwelling building is centrally located on its parcel. A pool area is located at the southwest corner of the larger parcel. The site enjoys direct access to Beach Walk . The immediate area is characterized by a variety of uses including overnight accommodation , retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The City’s Beach Walk project has been constructed transforming South Gulfview Boulevard to the west of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater 's award-winning beach and the water beyond. Development Proposal: It should be noted that this project and request was reviewed at the City Council meetings of October 16 and November 7, 2013 with requests for continuances at the November 21 and Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-106 December 5, 2013 meetings. While the request with regard to the number of units requested from the Reserve has not changed the conceptual site plan and elevations have been modified at the direction of the City Council. The owners propose to utilize the otherwise permitted density of 50 units per acre or 80 units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 180 units (113 units per acre). The current proposal is to demolish all structures on the site and redevelop the site with a 180-unit overnight accommodation use (113 rooms per acre, including the allocation of 100 rooms from the Hotel Density Reserve). The building will be 140 feet (from Base Flood Elevation) to flat roof with parking on the first four levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 69,736 square feet in area and approximately 244 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet to building along the front (west) along South Gulfview Boulevard, 15 feet along the front (east) along Coronado Drive and 10 feet along the sides (west, south and north). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 140 feet in height as measured from BFE (Base Flood Elevation) where a height of up to 150 feet is permitted as prescribed by the CDC, where additional density is allocated to the development either by TDRs, via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive. Density is proposed to be augmented through the use of 100 units from the Hotel Density Reserve and the subject property is located on the west side of Coronado Drive. This section also requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. The applicant has shown that no portion of the building which exceeds 100 feet is closer than 100 from any other portion of any other building which exceeds 100 feet. This section also includes overall separation requirements for structures over 100 feet in height as two options : (1) no more than two structures which exceed 100 feet within 500 feet; or (2) no more than four structures which exceed 100 feet within 800 feet. The proposal provides for a building which exceeds 100 feet in height. The applicant has demonstrated that there are no more than two structures which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1, above. In addition, the applicant has Page 2 City of Clearwater Printed on 5/14/2014 File Number: ID#13-106 demonstrated that there are no more than four structures which exceed 100 feet within 800 feet thereby fulfilling the requirements of Option 2, above. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 180-room overnight accommodation use requires a minimum of 216 off -street parking spaces. A minimum of 216 parking spaces will be provided within a parking garage located on the first four levels of the building. This is consistent with the applicable Sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that foundation landscaping will be provided along the front (east) and sides (north, south and west) of the building. In addition , landscaping will also be provided between the building and Beach Walk along the west side of the site within the adjacent right -of-way. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested /necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of up to 100 units from the Hotel Density Reserve or a maximum density of 113 units per acre; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Page 3 City of Clearwater Printed on 5/14/2014 File Number: ID#13-106 §Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. It should be noted that the proposed Development Agreement does not include Section 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11 :00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and /or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 4 City of Clearwater Printed on 5/14/2014 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR INITIAL REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT REVIEW BY THE CITY COUNCIL WILL REQUIRE ONE HARDCOPY AND ONE ELECTRONIC VERSION OF THE COMPLETE SET OF PLANS AND APPLICATION MATERIALS. THE ELECTRONIC VERSION MAY BE EMAILED OR PROVIDED VIA CD, THUMB DRIVE OR OTHER DEVICE AS MUTUALLY AGREED UPON BY CITY STAFF AND APPLICANT. THE HARDCOPY SITE IS REQUIRED TO BE COLLATED, STAPLED AND FOLDED. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.): Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE: PROPOSED USE: SITE AREA: sq. ft. acres GROSS FLOOR AREA (approximate square footages): DENSITY (rooms per acre): Hotel Use: sq. ft. Existing: Accessory Uses: sq. ft. Proposed: Total: sq. ft. Maximum Permitted: BUILDING COVERAGE/FOOTPRINT (1st floor square footage of all buildings): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Maximum Permitted: sq. ft. ( % of site) IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: Proposed: Maximum Permitted: OFF-STREET PARKING BUILDING HEIGHT: Existing: Existing: Proposed: Proposed: Minimum Required: Maximum Permitted: STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Sworn to and subscribed before me this _________________ day of _____________________________, ___________. to me and/or by _______________________________, who is personally known has produced _________________________________ as identification. Signature of property owner or representative Notary public, My commission expires: Original Signed Application Previously Submitted and on File Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application Site Plan Submittal Package Checklist IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE AN INITIAL SUBMITTAL PACKAGE CONSISTING OF THE FOLLOWING INFORMATION AND/OR PLANS: A conceptual site plan that depicts the building footprint, off-street parking, landscape areas, and ingress and egress points. Architectural elevations for all sides of the building. A massing study that illustrates the building form (including stepbacks) on all sides of the building. A transportation analysis consistent with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, that is consistent with the requirements set forth in Beach by Design. A narrative which fully addresses each section of the Design Guidelines within the Beach by Design. A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage. A proposed development agreement which shall contain, at a minimum, the following information: A legal description of the land subject to the development agreement. The names of all persons having legal or equitable ownership of the land. The duration of the development agreement, which shall not exceed ten (10) years. The development uses proposed for the land, including population densities, building intensities and building heigh t. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 % of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and service s required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy. A description of any reservation or dedication of land for public purposes. A description of all local development approvals approved or needed to be approved for the development. A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development Code. Additionally, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community Development Code, have been satisfied. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the City. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. The development agreement may provide, in the discretion of the City Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application Affidavit to Authorize Agent/Representative 1.Provide names of all property owners on deed – PRINT full names: 2.That (I am/we are) the owner(s) and record title holder(s) of the following described property: 3.That this property constitutes the property for which a request for (describe request): 4.That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5.That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6.That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7.That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS ________________ DAY OF ___________________________________, _________________, PERSONALLY APPEARED _____________________________________________________________________ WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Notary Public Signature Notary Seal/Stamp My Commission Expires: Original Signed Application Previously Submitted and on File HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 1 Rev. 04/07/2014     ATTACHMENT A  Mainstream Parcel “A” LEGAL DESCRIPTION  DESCRIPTION: (AS PROVIDED BY CLIENT)     PROJECT AREA ‐ PARCEL "A"     PARCEL 10:  LOT  111  AND  THE  NORTHERLY  1/2  OF  LOT  112, THE LLOYD‐WHITE‐ SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK  13, PAGES 12  AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    PARCEL  11:  THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND  117, THE LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING  TO  THE  PLAT  THEREOF AS  RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS  COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD‐WHITE‐SKINNER  SUBDIVISION, ACCORDING TO  THE PLAT  THEREOF  AS RECORDED IN PLAT BOOK 13,  PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT‐OF‐WAY  VACATION:     THE EASTERLY 35.00 FEET OF  THE  GULF  VIEW  BOULEVARD RIGHT‐OF‐WAY (70.00  FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO  THE  WESTERLY  LINE  OF  LOTS   63  THROUGH  66, INCLUSIVE,  THE  LLOYD‐WHITE‐SKINNER  SUBDIVISION,  ACCORDING   TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12  AND  13 OF THE  PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    PROPOSED RIGHT‐OF‐WAY VACATION ADDED PER DIRECTION OF CLIENT.     CONTAINING 1.60 ACRES MORE OR LESS.  HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 1 Rev. 04/07/2014     Attachment B  Description of Requests     180 unit overnight accommodations w/ min 216 Parking Spaces.   Request of 100 units from the density pool.   Increase in density from 50 DU/ac. To 113 DU/ac.   Increase in building height from 35’ to 140’ above BFE.   Architectural Exhibits.    HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 1 Rev. 04/07/2014 - 2 Attachment C Beach by Design Criteria PARCEL “A” A. Density: Design Response: The property is within the “T” District. The site’s 1.6 acres has a FLUP designation of RFH which allows for 50 overnight accommodation units per acre. The 1.6 Acres would permit a maximum of 80 units. We are requesting 100 OA units from the hotel Density Reserve. The resultant 180 unit request results in an overall density on the site of 113 DU/acre. The Beach by Design guidelines allows for a maximum of 150 units per acre for projects that obtain units from the hotel density reserve; therefore, the proposed density is consistent with the development criteria set forth in Section V.B.2 of the guidelines. B. Height: Maximum height is prescribed by the respective zoning districts in the Community Development Code unless otherwise restricted by Beach by Design. The height may be increased, however, to one hundred fifty feet (150’) if: 1. additional density is allocated to the development either by transferred development rights, or via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive; Design Response The proposal provides for a building 140 feet in height as measured from BFE where a height of up to 150 feet is permitted where additional density is allocated to a development via the Hotel Density Reserve as long as the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive. The subject property is located on the west side of Coronado Drive and the property was the recipient of density from the Reserve. Therefore, the proposed height complies with the design guidelines. 2. portions of any structures which exceed one hundred feet (100') are spaced at least one hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100') within five hundred feet (500'); or four (4) structures which exceed one hundred HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 2 Rev. 04/07/2014 - 2 feet (100') within eight hundred feet (800') so long as the elevations of all structures which exceed one hundred feet (100') when such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building envelope above one hundred feet (100'); and Design Response The Hyatt Hotel, to the north of the property is over 100 feet in height. Proposed building is 140 feet approximately 300 feet from the Hyatt Towers. Additionally The Hyatt is the only building within 500 feet that is over 100 feet tall. The new Adams Mark site to the south is slated to be over 100feet and is approximately 900 feet from the site. The proposed Wyndham property to the north is within the 800 foot distance parameter but is over 500 feet from our proposed building. Therefore, per the currently planned and approved buildings in the vicinity, there will be no more than two structures over 100 feet in height within 500 feet and there will be no more than four structures over 100 feet tall within the 800 feet. 3. the floorplate of any portion of a building that exceeds forty-five feet (45') in height is limited as follows: a) between forty-five feet (45') and one hundred feet (100'), the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; and b) Between one hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square feet; and c) Deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45’ as described in section C. 1.4 below Design Response a. Between 45 feet in height and 100’ there is no part of the floorplate that exceeds 25,000 square feet. b. The floorplate above 100 feet is approximately 11,500 SF. This exceeds the 10,000 square foot guideline however, c. The mass and scale of the design creates a stepped and tiered effect and the proposed building envelope above 45 feet is 21.24% volumetrically and 13% graphically; significantly below the 75% building envelope allowance for buildings with units allocated from the Hotel Pool. C. Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 3 Rev. 04/07/2014 - 2 the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. Design Response: Given the massing of the building, the various steppings, and the tower placed in the approximate center of the base, no two building dimensions are equal in length. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). Design Response: As demonstrated on the design drawings, each of the building facades is designed such that no plane is longer than 100 feet and all offsets are greater than, or equal to, five feet; there by meeting this requirement. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. Design Response: As demonstrated in this application, where viewable from adjacent properties and not occluded by adjacent buildings, this design proposes large fields of glazing, balconies, accent lines, and stepped articulation on all facades providing for greater than 60% articulation on each of the facades. 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. Design Response: As per the provided calculations the overall building mass between 45 feet and 150 feet constitutes 21% volumetrically and 13% graphically of the theoretical maximum building envelope, well below the 75% maximum allowance. HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 4 Rev. 04/07/2014 - 2 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. Design Response: The design proposes a tower set on a parking base or podium. The tower is to be massed in the approximate center of the site between Coronado Drive and Beach Walk with the parking podium varying in height between one story and 4 stories. Along Coronado Drive the building is set back 15 feet and also steps back the requisite additional 15 feet at a height of 25 feet. Along Coronado Drive most of the building consists of the single story elevated entry plaza and the remaining portions is the four story mass of the garages and meeting room levels. Approximately 75% of the building is stepped back the 15 feet, along this façade. On the west, Beach Walk, side, a 0 foot setback is proposed. This setback aligns with the Hyatt and the City parking garage to the north. Along the west façade approximately 50% of the building is the single story entry plaza and the remainder of the building is a 2nd story covered terrace, connecting to the entry plaza two levels of parking, and the 5th floor pool terrace with an infinity edge pool, overlooking the Gulf. The bulk of the building is placed to the north and adjoins the City parking garage, and the building at the south is primarily the entry plaza with a narrow face of the tower. Beyond the design’s sensitivity to the adjacent neighbors, Coronado Drive and Beach Walk, the design provides for a 90 foot wide by three story opening in the base of the tower to allow vistas through the site, visually and physically connecting street and buildings to the east with the beach and Gulf to the west. 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. Design Response: The building is designed to provide opportunity for a variety of uses, including meeting spaces, dining, and recreation activities, as well as the primary overnight accommodation use. D. Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 5 Rev. 04/07/2014 - 2 Design Response: Proposed setbacks are fifteen feet (15') along arterials, and (Proposed 15 foot on Coronado Drive for an enclosed parking garage) 2. Side and Rear Setbacks Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. Design Response: 10 foot setbacks are proposed for the side yards that because of the skewed property lines, the side yards vary from a minimum of 10 feet to 15 feet. The design proposes a 0 foot setback to the west property line, fronting the beach Walk Promenade; the west property line is a significant distance from Gulf view Boulevard and flanks the Beach Walk promenade. As stated above, the west building face is designed to align with the two properties to the north, providing continuity to the pedestrian experience along the promenade. 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). Design Response: The design proposes a minimum 15 foot setback along Coronado Drive and approximately 75% of the building steps back the additional 15 feet at or below the 25’ height. In fact, nearly 50% of the Coronado Drive building frontage is less than 15’ in height. (Above BFE.) b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). Design Response: N/A HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 6 Rev. 04/07/2014 - 2 c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). Design Response: N/A d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. Design Response: Currently along Coronado Drive, this design is the only project to propose the required stebacks and stepbacks. Both the Hyatt and City Garage are massed at their full heights along Coronado Drive. e. Required stepbacks shall span a minimum of 75% of the building frontage width. Design Response: The design provides for the required 75% stepback building frontage. Approximately 75% of the Building Façade Steps back the required additional 15 feet, at 25’ height. E. Street-Level Facades The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. At least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way will be transparent. For the purpose of this standard: a) Street level facade means that portion of a building facade from ground level to a height of twelve feet (12'). Design Response: The proposed design is open for the required minimum 60%. HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 7 Rev. 04/07/2014 - 2 b) transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped courtyard. Design Response: In addition to the required openings, the building is stepped back from a minimum of 15 feet to over 20 feet; thereby the street level façade is 100% open, per the above definition b ii. c) Parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. Design Response: The vehicles are shielded from view of pedestrians along Gulfview and Coronado Drive and the garage openings are articulated and blended into the overall building design. Along Coronado Boulevard and the Promenade the garage openings are articulated by alternating solid panels or 48 inch high barrier walls and the vehicles are further shielded by landscaping. On the Promenade side, the garage openings are open, to provide ventilation, but are again articulated with stepped back barrier panels in a pattern complementary to the other building openings and rhythms. On The Coronado Boulevard side, the garage openings are shielded by the meeting room and are not readily visible. Along the Northern side, the garage openings are left open and the vehicles shielded but decorative recessed barrier panels, Also this façade directly faces the new public parking garage. This parking structure follows some of the design parameters of the adjacent new public parking garage. 2. Window coverings, and other opaque materials may cover no more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. Design Response: As an operations issue, we will comply with the opaque opening provisions. HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 8 Rev. 04/07/2014 - 2 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. Design Response: The Building entrance, on Coronado Drive, is defined by a horizontal entry awning and a glass accent wall. The primary vehicular entrance, Extreme South of the site shall be defined by signage, landscaping, and other visual cues. The building’s primary entry and drop-off areas are on the elevated entry plaza, with views to the Gulf and to Coronado. 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. Design Response: The primary entrance is designed to have an entry cover, there are no other uses, other than parking, permitted on the ground floor. F. Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. Design Response: Vehicles will be shielded on both the east and west public frontages, through the use of landscaping and decorative louvers. Above the 3rd floor the openings in the garage are intended to be left open with inset and decorative barrier walls. The barrier walls shield the vehicles from public view. This scheme is similar to the new City parking garage immediately to our north. HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 9 Rev. 04/07/2014 - 2 G. Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. Design Response: N/A H. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees spaced at maximum intervals of thirty five feet (35') on centers. Portions of required sidewalks may be improved for non-pedestrian purposes including outdoor dining and landscape material, provided that: 1. movement of pedestrians along the sidewalk is not obstructed; and 2. Non-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. Design Response: Proposed sidewalks will be, at a minimum, 10 feet wide and have a variety of paver colors, styles, and patterns, as well as concrete to separate the café and plaza areas. I. Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 10 Rev. 04/07/2014 - 2 placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. Design Response: Street Benches and trash receptacles proposed along Coronado Drive and adjacent to Beach shall enhance the streetscapes and shall not impede pedestrian flow. There are bicycle racks planned along the Beach Walk Promenade.. J. Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. Design Response: Lighting, when designed shall comply with the requirements of this provision. This property is also required to comply with Turtle Friendly lighting regulations. K. Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: 3. Tall enough to limit unsupervised access by small children, and 4. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. Design Response: We are not proposing any fountains. All other street furniture shall comply with these provisions. HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 11 Rev. 04/07/2014 - 2 L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. Design Response: The proposed design complies with the Beach by Design guidelines and proposes a palate of white finished building walls, blue/gray glazing, and a variety of coastal colored fixtures and furnishings. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; Or c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. Design Response: Proposed sidewalks will be, at a minimum, 10 feet wide and have a variety of paver colors, styles, and patterns, as well as concrete to separate the café and plaza areas. 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. Design Response: All street furniture shall comply with this provision. 4. Color Palette A recommended palette for building colors is presented on the following page. Design Response: The design incorporates colors from the BbD pallatte. IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 0 0 1 2- 2 8 - 2 0 1 4 MI S C V I E W S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 0 0 2 2- 2 8 - 2 0 1 4 MI S C V I E W S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 PO O L D E C K PL A Z A D E C K 13 - S T O R Y H O T E L PA R K I N G D E C K AN D R A M P PA R K I N G EN T R Y SE R V I C E DR I V E PA R K I N G RA M P P/ L P/ L P/ L P/L P/L P/LP/L EX I S T I N G 5- S T O R Y BU I L D I N G EX I S T I N G 5- S T O R Y BU I L D I N G C C CL ZON E VE (B AS E 1 4') Z O N E V E ( B A S E 1 3 ' ) Z O N E A E ( B A S E 1 1 ' ) Z O N E A E ( B A S E 1 2 ' ) Z O NE V E ( BA S E 13' ) Z O N E A E ( B A S E 1 2 ' ) GU L F V I E W B O U L E V A R D CO R O N A D O D R I V E 14 " p p 10' - 1 1/2" 0' - 6" 10 ' - 0 " A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 SETBACK 10' - 0" SETBACK 10' - 0" SETBACK 10' - 0" SETBACK 10' - 0" 0' S E T B A C K SETBACK 15' - 0" LA N D S C A P E PL A N T E R S LA N D S C A P E PL A N T E R S LA N D S C A P E LA N D S C A P E LA N D S C A P E SI D E W A L K PE D E S T R I A N EN T R Y LANDSCAPE LANDSCAPE LANDSCAPE PU B L I C P L A Z A AR E A IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 0 0 3 2- 2 8 - 2 0 1 4 SI T E P L A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 " = 2 0 ' - 0 " 1 Si t e PR O J E C T NO R T H UP UP UP UP A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 GA R A G E EN T R Y 3 BA C K O F HO U S E ST A I R ST A I R 9 9 4 12 14 8 3 84 S P A C E S 8 5 5 4 12% RAMP UP 11% RAMP UP P/ L P/ L P/ L P/L P/L P/LP/L ST A I R HO T E L EN T R Y EL E V LO B B Y 18 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 18 ' - 0 " 2 5 ' - 9 " 1 8 ' - 0 " 1 8 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 18' - 0"27' - 0" 24 ' - 0 " 7 ' - 0 " 18' - 0"30' - 0"18' - 0" 24' - 0"6' - 8" 24' - 0" 16' - 2"91' - 8 1/2"96' - 9 1/2"14' - 6" 219' - 2" 88 ' - 0 " 2 0 ' - 6 " 9 2 ' - 6 " 1 8 ' - 4 " 21 9 ' - 4 " 7' - 0 1 / 2 " TY P . 9' - 0 " 72 ' - 1 " 6 4 ' - 1 " 6 2 ' - 6 " 3 0 ' - 0 " 1 4 ' - 5 " 24 3 ' - 1 " 4' - 0"8' - 0"23' - 10"100' - 0"20' - 0" A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 1 2- 2 8 - 2 0 1 4 GR O U N D LE V E L P L A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 1 - G r a d e PR O J E C T NO R T H DN UP DN UP UP DN DN A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 9 8 7 3 12 RA M P DO W N 11% RAMP DOWN 4 12% 43 S P A C E S ST A I R ST A I R OP E N T O BE L O W OP E N T O BE L O W BO H PU B L I C / L O B B Y DI N I N G / C O M M E R C I A L TE R R A C E PL A Z A RAMP UP RAMP DN ST A I R P/ L P/ L P/ L P/L P/L P/LP/L EN T R Y DR I V E BE L O W BU I L D I N G AB O V E BU I L D I N G AB O V E 9% 12% 18 ' - 0 " 2 4 ' - 0 " 1 8 ' - 2 " 18 ' - 0 " 2 4 ' - 0 " 1 0 ' - 1 1 1 / 2 " 24' - 0" 24' - 0"6' - 0" A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 2 2- 2 8 - 2 0 1 4 LE V E L T W O PL A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 2 PR O J E C T NO R T H PR O J E C T NO R T H DN UP DN UP DN UP A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 12%12% RAMP UP RAMP DN 8 65 S P A C E S 8 12 18 811 LO B B Y ST A I R ST A I R P/ L P/ L P/ L P/L P/L P/LP/L 18' - 0"27' - 0" 18 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 1 8 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 18' - 0"24' - 0"6' - 0" PA R K I N G BE L O W PA R K I N G BE L O W A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 3 2- 2 8 - 2 0 1 4 LE V E L T H R E E PL A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 3 PR O J E C T NO R T H DN UP DN UP DN A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 12% 9 RAMP DN 42 S P A C E S 79 0 3 S F ME E T I N G / P R E - F U N C T I O N S 3 7 7 5 11 PO O L AB O V E LO B B Y ST A I R ST A I R PA R K I N G BE L O W PA R K I N G BE L O W ST A I R P/ L P/ L P/ L P/L P/L P/LP/L ME C H ME C H ME C H ST O R A G E 79' - 6" 18 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 1 8 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 15' - 0" 18' - 0"27' - 0" 27' - 0" A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 4 2- 2 8 - 2 0 1 4 LE V E L F O U R PL A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 4 PR O J E C T NO R T H DN DN DN UP DN UP A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 EL E V LO B B Y ST A I R ST A I R BO A R D RO O M QQ / K QQ / K QQ / K QQ / K QQ / K QQ / K QQ / K SU I T E SU I T E QQ / K Q Q / K Q Q / K Q Q / K Q Q / K S U I T E S U I T E S U I T E CO R R I D O R RO O F BE L O W PA R K I N G BE L O W PA R K I N G BE L O W EX E R C I S E / P O O L BA R UP P E R PO O L PL A Z A PO O L LO W E R PO O L PL A Z A P/ L P/ L P/ L P/L P/L P/LP/L A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 5 2- 2 8 - 2 0 1 4 LE V E L F I V E PL A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 5 PR O J E C T NO R T H DN UP DN UP A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 SU I T E QQ / K QQ / K Q Q / K Q Q / K Q Q / K S U I T E S U I T E S U I T E S U I T E S U I T E Q Q / K Q Q / K Q Q / K SU I T E Q Q / K Q Q / K Q Q / K Q Q / K Q Q / K Q Q / K Q Q / K QQ / K QQ / K EL E V LO B B Y HS K P CO R R I D O R P/ L P/ L P/ L P/L P/L P/LP/L A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 6 2- 2 8 - 2 0 1 4 LE V E L S I X - NI N E P L A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 6 - 9 PR O J E C T NO R T H DN UP A- 2 0 2 1 A- 2 0 1 A- 2 0 2 A- 2 0 1 1 2 2 QQ / K Q Q / K Q Q / K Q Q / K Q Q / K SU I T E S U I T E S U I T E S U I T E S U I T E CO R R I D O R SU I T E Q Q / K Q Q / K Q Q / K Q Q / K Q Q / K Q Q / K ST A I R ST A I R HS K P RO O F BE L O W RO O F BE L O W PL A Z A BE L O W P/ L P/ L P/ L P/L P/L P/LP/L A- 2 0 3 2 A- 2 0 4 2 A- 2 0 3 1 A- 2 0 4 1 IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 1 0 7 2- 2 8 - 2 0 1 4 LE V E L T E N - TH I R T E E N PL A N MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Le v e l 1 0 - 1 3 PR O J E C T NO R T H Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 14' - 0"10' - 8"9' - 4"5' - 4"10' - 8"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"8' - 8" 140' - 0" 9' - 0" 2' - 0" ST E P B A C K 38 ' - 8 " ST E P B A C K 16 ' - 6 " P/ L P/ L P/ L ST E P B A C K 59 ' - 4 " 148' - 8" 100' - 0" Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 140' - 0" 8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0" 2' - 0" 9' - 0" ST E P B A C K 14 ' - 6 " ST E P B A C K 38 ' - 8 " P/ L P/ L 148' - 8" 100' - 0" IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 2 0 1 2- 2 8 - 2 0 1 4 EX T E R I O R EL E V A T I O N S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 We s t 1 / 1 6 " = 1 ' - 0 " 2 Ea s t Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 140' - 0" 8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0" 2' - 0" ST E P B A C K 21 ' - 2 " ST E P B A C K 92 ' - 6 " ST E P B A C K 32 ' - 6 " P/ L P/ L 148' - 8" 9' - 0" 100' - 0" Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0" 2' - 0" 9' - 0" ST E P B A C K 92 ' - 6 " ST E P B A C K 53 ' - 8 " P/ L 15 ' - 6 " P/ L 140' - 0" 148' - 8" 100' - 0" IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 2 0 2 2- 2 8 - 2 0 1 4 EX T E R I O R EL E V A T I O N S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 No r t h 1 / 1 6 " = 1 ' - 0 " 2 So u t h Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 150' - 0" 45' - 0" P/ L P/ L Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 150' - 0" 45' - 0" P/ L P/ L TH E O R E T I C A L AR E A S AC T U A L A R E A % 24 , 0 6 2 S Q F T . 1 8 % EL E V A T I O N NO R T H 24 , 0 1 0 S Q F T . 3 3 % SO U T H 22 , 6 2 0 S Q F T . 0 S Q . F T . 1 0 0 % EA S T 22 , 7 6 0 S Q F T . 0 S Q . F T . 1 0 0 % WE S T 93 , 4 5 2 S Q F T . 1 1 , 9 7 3 S Q . F T . 1 3 % TO T A L : IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 2 0 3 2- 2 8 - 2 0 1 4 TH E O R E T I C A L EL E V A T I O N S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Th e o r e t i c a l W e s t E l e v a t i o n 1 / 1 6 " = 1 ' - 0 " 2 Th e o r e t i c a l E a s t E l e v a t i o n Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " P/ L P/ L 150' - 0" 45' - 0" TH E O R E T I C A L AR E A S AC T U A L A R E A % 24 , 0 6 2 S Q F T . 4 , 1 8 2 S Q . F T . 1 8 % EL E V A T I O N NO R T H 24 , 0 1 0 S Q F T . 7 , 7 9 1 S Q . F T . 3 3 % SO U T H 22 , 6 2 0 S Q F T . 0 S Q . F T . 1 0 0 % EA S T 22 , 7 6 0 S Q F T . 0 S Q . F T . 1 0 0 % WE S T 93 , 4 5 2 S Q F T . 1 1 , 9 7 3 S Q . F T . 1 3 % TO T A L : Le v e l 2 0' - 0 " Le v e l 3 14 ' - 0 " BF E -2 ' - 0 " Se a L e v e l -1 6 ' - 0 " Le v e l 1 - G r a d e -1 1 ' - 0 " Le v e l 4 24 ' - 8 " Le v e l 5 39 ' - 4 " Le v e l 6 50 ' - 0 " Le v e l 7 60 ' - 8 " Le v e l 8 71 ' - 4 " Le v e l 9 82 ' - 0 " Le v e l 1 0 94 ' - 0 " Le v e l 1 1 10 4 ' - 8 " Le v e l 1 2 11 5 ' - 4 " Le v e l 1 3 12 6 ' - 0 " Ro o f 13 8 ' - 0 " To p o f E l e v a t o r Ov e r r u n 14 6 ' - 8 " Le v e l 4 . 5 34 ' - 0 " 150' - 0" 45' - 0" P/ L P/ L IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 2 0 4 2- 2 8 - 2 0 1 4 TH E O R E T I C A L EL E V A T I O N S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 1 / 1 6 " = 1 ' - 0 " 1 Th e o r e t i c a l N o r t h E l e v a t i o n 1 / 1 6 " = 1 ' - 0 " 2 Th e o r e t i c a l S o u t h E l e v a t i o n 2 1 ' - 6 " 5 9 ' - 0 " 4 3 ' - 4 " 2 0 ' - 0 " 7 2 ' - 4 " G ULFVIE W BO ULEVARD C O R O NAD O D RIVE 88' - 0" 20' - 6" 92' - 6" 14' - 5" 72' - 1" 64' - 1" 62' - 6" 30' - 0" 14' - 5" 4 ' - 0 " 1 4 ' - 6 " 9 6 ' - 9 1 / 2 " 9 1 ' - 8 1 / 2 " 1 6 ' - 2 " G ULFVIE W B O ULEVARD C O R O NAD O D RIVE 15 ' C O R O N A D O D R I V E ST E P B A C K 15 ' C O R O N A D O D R I V E ST E P B A C K 83' - 1 1/2" 7' - 0 1/2" 7 2 ' - 1 " 6 4 ' - 1 " 6 2 ' - 6 " 3 0 ' - 0 " 1 4 ' - 5 " 72' - 4" 20' - 0" 43' - 4" 59' - 0" G U L F V I E W B O U L E V A R D C O R O N A D O D R I V E 15 ' C O R O N A D O D R I V E ST E P B A C K 15 ' C O R O N A D O D R I V E ST E P B A C K 16' - 2" 91' - 8 1/2" 96' - 9 1/2" 14' - 6" 4' - 0" 3 ' - 5 " 1 4 ' - 3 1 / 2 " 9 2 ' - 5 1 / 2 " 2 0 ' - 7 1 / 2 " 8 8 ' - 1 1 " G U L F V I E W B O U L E V A R D C O R O N A D O D R I V E IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 3 0 1 2- 2 8 - 2 0 1 4 MA S S I N G ST U D Y MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 4 MA S S M O D E L - S W C O R N E R 2 MA S S M O D E L - N E C O R N E R 3 MA S S M O D E L - S E C O R N E R 1 MA S S M O D E L - N W C O R N E R IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 3 0 2 2- 2 8 - 2 0 1 4 IS O M E T R I C ST U D Y MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA 2 3D M O D E L - N E C O R N E R 1 3D M O D E L - N W C O R N E R 3 3D M O D E L - S E C O R N E R 4 3D M O D E L - S W C O R N E R R 500' - 0" R 5 0 0 ' - 0 " 23 3 ' R 5 0 0' - 0" R 8 0 0 ' - 0 " 10 0 ' - 0 " 100' - 0" BU I L D I N G S O V E R 1 0 0 ' H E I G H T 80 0 ' R A D I U S B E T W E E N B U I L D I N G S 50 0 ' R A D I U S B E T W E E N B U I L D I N G S 10 0 ' B U I L D I N G S E P A R A T I O N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A IS S U E D A T E : PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : IT E M : DA T E : $ $         &/ ( $ 5 : $ 7 ( 5    5 R J H U V  6 W U H H W        W               _  I               7K L V   G U D Z L Q J V  L V  W K H  S U R S H U W \  R I  E H K D U  S H W H U D Q H F ]   L Q F   D Q G  P D \  Q R W  E H  X V H G RU  U H S U R G X F H G  Z L W K R X W  Z U L W W H Q SH U P L V V L R Q  I U R P  E H K D U    S H W H U D Q H F ]  LQ F  A- 3 0 3 2- 2 8 - 2 0 1 4 BU I L D I N G SE P A R A T I O N S MA I 1 4 . 0 1 DV A A P P L I C A T I O N MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of , 2014, and entered into between MAINSTREAM PARTNERS VIII, LTD. (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its Cit y Council, the governing bod y thereof ("Cit y"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach b y Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the Cit y to enter into binding development agreements with persons having a legal or equitable interest in real propert y located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach b y Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Densit y Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.6 acres of real property ("Propert y") in the corporate limits of the City, more particularl y described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property b y demolishing existing hotel rooms and other uses in order to construct One Hundred Eight y (180) overnight accommodation units, meeting space for guest use, pool, new lobby and parking with parking spaces, generall y conforming to the architectural elevation dimensions shown in composite Exhibit “B” (collectively, the improvements are the Project); and WHEREAS, the Property has not previousl y acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned resort will contain 180 overnight accommodation units, which includes 100 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the Cit y has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on , 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the Cit y's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach b y Design; and WHEREAS, Developer has approved this Agreement and has dul y authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Propert y currentl y has a land use designation of Resort Facilities High and is zoned Tourist (T). 3.2. The Propert y is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 325 S. Gulfview Blvd., and 326 Coronado Drive, Clearwater, FL 33767, as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 180 overnight accommodation units. Of the 180 overnight accommodation units, 100 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 216 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach b y Design. 4.4 The density of the Project shall be 113 units per acre. In no instance shall the densit y of a parcel of land exceed 150 units per acre. The height of the Project shall be 140 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properl y recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the Cit y shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pa y the cost of such recording. The City shall submit to the Department of Economic Opportunity a cop y of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required b y law and shall comply with the Code applicable at the time of building permit review. Propert y: 6.1.3 The following restrictions shall apply to development of the 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". An y modifications determined by the Planning Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessar y and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City ma y den y future development approvals and/or certificates of occupancy for the Project, and ma y terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereb y agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Propert y in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternativel y, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the Cit y shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a t ypical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupanc y in the hotel is limited to a term of less than one (1) month or thirt y-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed b y general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach b y Design. 6.2 Obligations of the City. 6.2.1 The Cit y shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they ma y govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 100 units from the Hotel Density Reserve as defined in Beach b y Design, contingent upon the provisions of Section 6.1.5. 6.2.4 This Agreement is contingent upon the proposed vacation of the S. Gulfview Boulevard right-of-way adjacent to the westerly lot line of the Propert y. The City shall process a right-of-way vacation ordinance to vacate the S. Gulfview Boulevard right of way adjacent to the westerl y lot line of the Property conditioned upon submission of a complete set of building plans for construction of the improvements shown on Exhibit “B”. SECTION 7. Public Facilities to Service Development. The following public facilities are presentl y available to the Property from the sources indicated below. Development of the Property will be governed by the concurrenc y ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrenc y management for transportation facilities, and the transportation anal ysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Stud y Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupanc y. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Propert y include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and 8.5 Ordinance vacating the S. Gulfview Boulevard right-of-way adjacent to the westerly lot line of the Property. SECTION 9. Finding of Consistency. The City finds that development of the Propert y is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timel y manner, as reasonably determined b y the Cit y Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement b y the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City ma y appl y laws and policies adopted subsequentl y to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that the y shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided b y the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessit y of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties b y hand deliver y, by nationally recognized overni ght courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Mainstream Partners VIII, LTD. 10165 NW 19th Street Miami, FL 33172-2529 With Copy to: Mr. Antonio Fernandez Mainstream Partners VIII, LTD. 2552 22nd Ave. N. St. Petersburg, FL 33713 If to Cit y: City of Clearwater, Cit y Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properl y addressed, postage prepaid, notices or communications shall be deemed delivered and received on the da y of hand deliver y, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer ma y sell, convey, assign or otherwise dispose of an y or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer’s right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer’s obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entit y under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel b y virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specificall y provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to compl y with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Propert y. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated b y this Agreement such approval or consent shall not be unreasonabl y withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed b y the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the bod y of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of an y section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and an y reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinar y meaning and should not be strictly construed against an y party hereto based upon draftsmanship. If an y term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If an y term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) da ys written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the Cit y which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended b y mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN W ITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership BY: MAINSTREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC., it Managing Member Print Name By: Edward W. Easton, President Print Name As to “Developer” STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liabilit y company, as General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires EXHIBIT “A” PROJECT LEGAL DESCRIPTION DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA - PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT- OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. EXHIBIT “B” Survey, Conceptual Site Plan, and Architectural Drawings EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DEC LARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2014, by MAINSTREAM PARTNERS VIII, LTD., a Florida limited liability compan y ("Developer"). Developer is the owner of fee simple title to the real propert y described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach b y Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Desi gnation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The Cit y has granted, b y City Council Resolution , passed and approved on , 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Propert y in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the Cit y and the Designation, which rights, duties, obligations and responsibilities shall be binding on an y and all successors and assigns and will run with the title to the Real Propert y. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Densit y Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereb y acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the Cit y. 2. Covenant of Development, Use and Operation. Developer hereb y covenants and agrees to the development, use and operation of the Real Propert y in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Propert y is restricted as follows: 2.1.1 100 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupanc y of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated b y a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a t ypical lobb y/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propert y shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and securit y personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed b y the level of warning employed b y the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced b y a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed b y the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the Cit y for an y expenses, including reasonable attorne ys' fees, which are incurred by the Cit y in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereb y, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN W ITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2014. In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership BY: MAINSTREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC., it Managing Member Print Name By: Edward W. Easton, President Print Name As to “Developer” STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liabilit y company, as General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2014, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires SCHEDULE “A” DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA - PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE- SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. EXHIBIT “D” COVENANT OF UNIFIED USE P LEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of , 2014, by (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real propert y legall y described on Schedule "A" attached hereto and i ncorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Densit y Reserve Development Agreement dated , 201 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Propert y a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularl y described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced b y a Notice of Commencement for the Project, the Real Propert y shall be developed and operated as a limited-service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise conve y its right in and to the Real Property or an y portion or portions thereof to unrelated third-parties. Developer agrees that the Cit y shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN W ITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2014. In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership BY: MAINSTREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC., it Managing Member Print Name By: Edward W. Easton, President Print Name As to “Developer” STATE OF FLOR IDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day of , 2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liabilit y company, as General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced as identification. Print: Notar y Public – State of Florida My Commission Expires: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires SCHEDULE “A” DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA - PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT- OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-03007 Agenda Date: 5/15/2014 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1278 Palm Street and 2017 North Betty Lane; and pass Ordinances 8564-14, 8565-14 and 8566-14 on first reading. (ANX2014-03007) SUMMARY: This voluntary annexation petition involves two parcels of land totaling 0.234 acres. Both parcels are occupied by a single-family dwelling. The two lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants will connect to the City’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste , police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built -out character of the City of Clearwater , compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area . Page 1 City of Clearwater Printed on 5/14/2014 File Number: ANX2014-03007 Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the district and the properties exceed the district’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code ; and ·The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 Location Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B ^ PROJECT SITE ^ PROJECT SITE KINGS HWY DOUGLAS AVE IDLEWILD DR UNION ST WOODLAWN TER PALM ST STATE ST BE T T Y L N PO I N S E T T A A V E SEDEEVA CIR N SUNSET POINT RD CH E NANG O AVE ALOHA LN BERTLAND WAY -N o t t o S c a l e - -N o t a S u r v e y - Aerial Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B UNION ST UNION ST BETTY LN BETTY LN IDLEWILD DR IDLEWILD DR TH E MALL TH E MAL L WOODLAWN TER WOODLAWN TER PO I N S E T T A A V E PO I N S E T T A A V E PALM ST PALM ST BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - 12 7 8 2017 Proposed Annexation Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 UNION ST BETTY LN IDLEWILD DR TH E MAL L W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 13 3 7 2048 2050 2058 2021 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2077 2063 2049 2057 2071 2000 2049 2053 2067 2068 2070 2072 2080 13 0 9 2071 2083 2047 2048 13 0 0 2069 2010 2026 2028 13 1 0 2025 2019 13 2 5 13 1 7 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 2022 2030 12 9 1 12 9 6 2021 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 4 5 12 3 9 12 8 2 12 6 2 12 3 8 12 8 3 12 6 3 12 4 1 2060 1333 2056 2064 2035 2039 207512 7 8 2067 2025 12 5 5 2076 2077 2081 2079 2052 13 1 0 2063 2065 13 0 0 12 4 5 2024 2028 12 8 6 2027 12 6 6 12 5 0 12 9 3 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 8 3 12 5 5 12 5 7 12 5 1 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 1999 2043 2017 2031 2 0 1 5 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 RU RU RU RU RU RU RU RU RU RU RU RM RM RU RU RU RU RU RU RU RU RM RU RM RM P RM WATER RU RU WATER RU UNION ST BETTY LN IDLEWILD DR THE MALL W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2057 2071 2067 2068 2070 2072 2080 13 0 9 2071 2083 2048 13 0 0 2069 2010 2026 2028 13 1 0 2025 13 2 5 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 2022 2030 12 9 1 12 9 6 2021 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 4 5 12 3 9 12 8 2 12 6 2 12 3 8 12 8 3 12 6 3 12 4 1 2060 1333 2056 2064 2035 2039 12 7 8 2067 13 3 7 2025 2021 12 5 5 2014 2077 2076 2077 2081 2000 2049 2053 2079 2047 2052 13 1 0 2063 2065 13 0 0 2019 13 1 7 12 4 9 12 4 5 2024 2028 12 8 6 2027 12 6 6 12 4 6 12 5 0 12 9 3 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 8 3 12 5 5 12 5 7 12 5 1 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 1999 2043 2017 2075 2031 2 0 1 5 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - RU RU Zoning Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 LMDR MDR LMDR LMDR LMDR LMDR UNION ST BETTY LN IDLEWILD DR THE MA LL W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 13 3 7 2048 2050 2058 2021 12 5 5 2040 2044 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2077 2063 2049 2071 2081 2000 2049 2067 2068 2070 2072 2080 13 0 9 2071 2083 2047 2048 13 1 0 13 0 0 2069 2010 2026 2028 13 1 0 2025 2019 13 2 5 13 1 7 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 2022 2030 12 9 1 12 9 6 2021 2027 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 6 4 12 6 2 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 8 2 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 3 8 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 2060 1333 2064 2035 2039 2075 2031 12 7 8 2067 2025 2014 2066 2076 2057 2077 2053 2079 2052 2063 2065 13 0 0 12 4 5 2024 2028 12 8 6 12 6 6 12 5 0 12 7 6 12 6 8 12 5 6 12 5 0 12 8 3 12 4 6 12 4 4 12 6 7 1999 2056 2043 20172015 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Existing Surrounding Uses Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 UNION ST BETTY LN IDLEWILD DR TH E MAL L W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 13 3 7 2048 2050 2058 2021 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2077 2063 2049 2057 2071 2000 2049 2053 2067 2068 2070 2072 2080 13 0 9 2071 2083 2047 2048 13 0 0 2069 2010 2026 2028 13 1 0 2025 2019 13 2 5 13 1 7 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 2022 2030 12 9 1 12 9 6 2021 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 4 5 12 3 9 12 8 2 12 6 2 12 3 8 12 8 3 12 6 3 12 4 1 2060 1333 2056 2064 2035 2039 207512 7 8 2067 2025 12 5 5 2076 2077 2081 2079 2052 13 1 0 2063 2065 13 0 0 12 4 5 2024 2028 12 8 6 2027 12 6 6 12 5 0 12 9 3 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 8 3 12 5 5 12 5 7 12 5 1 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 1999 2043 2017 2031 2 0 1 5 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Single Family Residential ANX2014-03007 Multiple Owners –Idlewild Area 1278 Palm Street View looking north at the subject property 1278 Palm Street West of the subject property Across the street, to the south of the subject property East of the subject property View looking easterly along Palm Street View looking westerly along Palm Street ANX2014-03007 Multiple Owners –Idlewild Area 2017 North Betty Lane View looking east at the subject property 2017 North Betty Lane North of the subject property Across the street, to the west of the subject property South of the subject property View looking southerly along North Betty Lane View looking northerly along North Betty Lane Ordinance No. 8564-14 ORDINANCE NO. 8564-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1278 PALM STREET, AND 2017 NORTH BETTY LANE, ALL IN CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: SEE EXHIBIT A (ANX2014-03007) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. 2 Ordinance No. 8564-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk LEGAL DESCRIPTIONS A NX2014-03007 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-46998-000-0090 Lot 9 1278 Palm Street The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-011-0050 Block K, Lot 5 2017 North Betty Lane The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit A Exhibit B Proposed Annexation Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 UNION ST BETTY LN IDLEWILD DR TH E MAL L W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 13 3 7 2048 2050 2058 2021 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2077 2063 2049 2057 2071 2000 2049 2053 2067 2068 2070 2072 2080 13 0 9 2071 2083 2047 2048 13 0 0 2069 2010 2026 2028 13 1 0 2025 2019 13 2 5 13 1 7 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 2022 2030 12 9 1 12 9 6 2021 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 4 5 12 3 9 12 8 2 12 6 2 12 3 8 12 8 3 12 6 3 12 4 1 2060 1333 2056 2064 2035 2039 207512 7 8 2067 2025 12 5 5 2076 2077 2081 2079 2052 13 1 0 2063 2065 13 0 0 12 4 5 2024 2028 12 8 6 2027 12 6 6 12 5 0 12 9 3 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 8 3 12 5 5 12 5 7 12 5 1 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 1999 2043 2017 2031 2 0 1 5 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - Ordinance No. 8565-14 ORDINANCE NO. 8565-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1278 PALM STREET, AND 2017 NORTH BETTY LANE, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category SEE EXHIBIT A Residential Urban (RU) (ANX2014-03007) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8564-14. 2 Ordinance No. 8565-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk LEGAL DESCRIPTIONS A NX2014-03007 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-46998-000-0090 Lot 9 1278 Palm Street The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-011-0050 Block K, Lot 5 2017 North Betty Lane The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit A Exhibit B Future Land Use Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 RU RU RU RU RU RU RU RU RU RU RU RM RM RU RU RU RU RU RU RU RU RM RU RM RM P RM WATER RU RU WATER RU UNION ST BETTY LN IDLEWILD DR THE MALL W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 2048 2050 2058 2040 2044 2066 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2063 2049 2057 2071 2067 2068 2070 2072 2080 13 0 9 2071 2083 2048 13 0 0 2069 2010 2026 2028 13 1 0 2025 13 2 5 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 2022 2030 12 9 1 12 9 6 2021 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 4 5 12 3 9 12 8 2 12 6 2 12 3 8 12 8 3 12 6 3 12 4 1 2060 1333 2056 2064 2035 2039 12 7 8 2067 13 3 7 2025 2021 12 5 5 2014 2077 2076 2077 2081 2000 2049 2053 2079 2047 2052 13 1 0 2063 2065 13 0 0 2019 13 1 7 12 4 9 12 4 5 2024 2028 12 8 6 2027 12 6 6 12 4 6 12 5 0 12 9 3 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 8 3 12 5 5 12 5 7 12 5 1 12 7 0 12 6 6 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 1999 2043 2017 2075 2031 2 0 1 5 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - RU RU Ordinance No. 8566-14 ORDINANCE NO. 8566-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1278 PALM STREET, AND 2017 NORTH BETTY LANE, ALL IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8564-14. Property Zoning District SEE ATTACHED EXHIBIT A Low Medium Density Residential (LMDR) (ANX2014-03007) 2 Ordinance No. 8566-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk LEGAL DESCRIPTIONS A NX2014-03007 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-46998-000-0090 Lot 9 1278 Palm Street The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-011-0050 Block K, Lot 5 2017 North Betty Lane The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit A Exhibit B Zoning Map Owner MULTIPLE OWNERS Case: ANX2014-03007 Site: Idlewild Septic-to-Sewer Project Area: Two lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: 0.234 acres Land Use Zoning PIN: 03-29-15-46998-000-0090 03-29-15-12060-011-0050 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 40 40 40 87.7 12060 15840 46998 80388 AB F G K L A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 (25) 1 2 10 11 17 18 19 20 21 22 232425262728 17 18 19 20 21 22 232425262728 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 10 11 12 13 14 15161718 12 13 14 15 16 17 18 19 20 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 63 30 36 50 1 LMDR MDR LMDR LMDR LMDR LMDR UNION ST BETTY LN IDLEWILD DR THE MA LL W O OD L AW N TE R PO I N S E T T A A V E PALM ST BERMUDA ST ARBELIA ST 12 7 4 13 3 1 13 2 1 13 2 5 13 1 7 2020 13 3 7 2048 2050 2058 2021 12 5 5 2040 2044 12 5 9 12 7 1 12 6 3 13 3 0 13 2 2 2077 2063 2049 2071 2081 2000 2049 2067 2068 2070 2072 2080 13 0 9 2071 2083 2047 2048 13 1 0 13 0 0 2069 2010 2026 2028 13 1 0 2025 2019 13 2 5 13 1 7 13 0 1 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 2022 2030 12 9 1 12 9 6 2021 2027 2020 2022 2026 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 6 4 12 6 2 12 4 2 2060 2064 2066 12 9 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 8 2 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 3 8 12 5 3 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 2060 1333 2064 2035 2039 2075 2031 12 7 8 2067 2025 2014 2066 2076 2057 2077 2053 2079 2052 2063 2065 13 0 0 12 4 5 2024 2028 12 8 6 12 6 6 12 5 0 12 7 6 12 6 8 12 5 6 12 5 0 12 8 3 12 4 6 12 4 4 12 6 7 1999 2056 2043 20172015 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-02005 Agenda Date: 5/15/2014 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: City Council Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the Annexation of a portion of the road right -of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, consisting of a portion of Section 06, Township 29 South, Range 16 East; and pass Ordinances 8558-14, 8559-14, and 8560-14 on first reading. (ANX2014-02005) SUMMARY: This annexation petition involves 4.974 acres of a portion of the right -of-way located on N. Belcher Road, north of Sunset Point Road to Montclair Road. This right -of-way is adjacent to the east of the Webb's Nursery property which was annexed into the City in August 2013 (ANX2013-04007). The City was unable to annex the right -of-way at the time because such action would have created an enclave of a small Pinellas County owned parcel located just north of Sunset Point Road/Belcher Road. The Pinellas County Board of County Commissioners has since dedicated this County property as public road right -of-way for N. Belcher Road, thereby allowing the City to move forward with annexation of the right -of-way. The City of Clearwater is requesting this annexation in order to ensure that the entire right-of-way of this roadway and its associated intersections are within the City’s jurisdiction . The property is contiguous to existing City boundaries to the south, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Medium (RM) and a Zoning Atlas designation of Medium High Density Residential (MHDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built -out character of the City of Clearwater , compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. ·The proposed annexation is consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the south, east and west; therefore the annexation is consistent with Florida Statutes Page 1 City of Clearwater Printed on 5/14/2014 File Number: ANX2014-02005 Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 Location Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A ^ PROJECT SITE N BELCHER RD MONTCLAIR RD SUNSET POINT RD OLD COACHMAN RD STETSON DR ALBRIGHT DR SUNNYDALE BLVD ELMHURST DR GLENVILLE DR BECKETT L AKE DR UTOPIAN DR E ASBURY DR CIT R U S C T LA N S I N G D R PEPPERMILL DR SUN TREE DR -N o t t o S c a l e - -N o t a S u r v e y - Aerial Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A N BELC HER R D N BELC HER R D SUNSET POINT RD SUNSET POINT RD MONTCLAIR RD MONTCLAIR RD ATLANTIS DR ATLANTIS DR OLD COACHMAN RD OLD COACHMAN RD UTOPIAN DR EUTOPIAN DR E ALBRIGHT DR ALBRIGHT DR CITRUS CT CITRUS CT PERTH ST PERTH ST STETSON DR STETSON DR -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR 22 5 1 22 5 1 22 0 0 23 0 1 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2248 2236 1875 1 8 8 1 188 71899 1893 2320 2316 2001 2000 1927 1911 1919 1923 1959 1937 1943 1946 1929 2209 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1926 1875 2308 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 1875 1951 1875 2300 1899Traf1899Traf 2 1911 1876 1870 1864 1876 1863 1869 2010 2006 1955 1951 1947 1943 1935 1919 1925 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1951 193 19 19 2273 1863 187 5 1931 2263 200 2267 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 RM R/O/R RU CG P RL WATER WATER RM P RU RLM RU RU P T/URURURU RM CG RM R/OG RL RU RL RL P R/OG P P RU RL RM RL CG RU RU P RM RM P RM SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR 22 5 1 22 5 1 22 0 0 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2236 1875 1 8 8 1 188 71899 1893 2320 2001 2000 1911 1937 1943 1946 1929 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1926 1875 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 18751875 2300 1899Traf1899Traf 2 1911 2301 1876 1870 1864 1876 2248 1863 1869 2316 2010 2006 1927 1919 1923 1959 1955 1951 1947 1943 1935 1919 1925 2209 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1951 2308 193 19 19 2273 1863 187 5 1931 2263 195 1 200 2267 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - RM RM Zoning Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR P C C MHDR I LMDR O O MDR LMDR LMDR 22 5 1 22 5 1 22 0 0 23 0 1 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2248 2236 1875 1 8 8 1 188 71899 1893 2320 2316 2001 2000 1927 1911 1919 1923 1959 1937 1943 1946 1929 2209 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1875 2308 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 1875 1951 2300 1899Traf1899Traf MDR MHDR LMDR LMDR LMDR 2 1911 1876 1870 1864 1876 1863 1869 2010 2006 1955 1951 1947 1943 1935 1919 1925 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1926 1951 193 19 19 2273 1863 187 5 1931 2263 200 2267 1875 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - MHDR MHDR Existing Surrounding Uses Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR 22 5 1 22 5 1 22 0 0 23 0 1 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2248 2236 1875 1 8 8 1 188 71899 1893 2320 2316 2001 2000 1927 1911 1919 1923 1959 1937 1943 1946 1929 2209 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1926 1875 2308 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 1875 1951 1875 2300 1899Traf1899Traf 2 1911 1876 1870 1864 1876 1863 1869 2010 2006 1955 1951 1947 1943 1935 1919 1925 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1951 193 19 19 2273 1863 187 5 1931 2263 200 2267 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - Commercial Single Family Residential Commercial Vacant Residential View looking northerly along Belcher Road from Sunset Point Road View looking southerly along Belcher Road towards the Sunset Point Road intersection View looking westerly towards the intersection of Belcher Road and Montclair Road View looking southerly along Belcher Road at the Old Coachman Road/Montclair Road intersection ANX2014-02005 City of Clearwater Belcher Road Right-Of-Way View looking southerly along Belcher Road from Bank of America entrance View looking northerly along Belcher Road from Bank of America entrance Ordinance No. 8558-14 ORDINANCE NO. 8558-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN RIGHT-OF-WAY LOCATED ON BELCHER ROAD, NORTH OF SUNSET POINT ROAD TO MONTCLAIR ROAD, INCLUDING ALL OF THE RIGHT- OF-WAY WITHIN THE INTERSECTION OF NORTH BELCHER ROAD, MONTCLAIR ROAD, AND OLD COACHMAN ROAD, CONSISTING OF A PORTION OF SECTION 06, TOWNSHIP 29 SOUTH, RANGE 16 EAST, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Right-of-way of North Belcher Road in Northwest quarter of Section 06, Township 29 South, Range 16 East, North of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of Belcher Road, Montclair Road, and Old Coachman Road. (ANX2014-02005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. 2 Ordinance No. 8558-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Annexation Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR 22 5 1 22 5 1 22 0 0 23 0 1 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2248 2236 1875 1 8 8 1 188 71899 1893 2320 2316 2001 2000 1927 1911 1919 1923 1959 1937 1943 1946 1929 2209 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1926 1875 2308 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 1875 1951 1875 2300 1899Traf1899Traf 2 1911 1876 1870 1864 1876 1863 1869 2010 2006 1955 1951 1947 1943 1935 1919 1925 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1951 193 19 19 2273 1863 187 5 1931 2263 200 2267 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - Ordinance No. 8559-14 ORDINANCE NO. 8559-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN RIGHT-OF- WAY LOCATED ON BELCHER ROAD, NORTH OF SUNSET POINT ROAD TO MONTCLAIR ROAD, INCLUDING ALL OF THE RIGHT-OF-WAY WITHIN THE INTERSECTION OF NORTH BELCHER ROAD, MONTCLAIR ROAD, AND OLD COACHMAN ROAD, CONSISTING OF A PORTION OF SECTION 06, TOWNSHIP 29 SOUTH, RANGE 16 EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Right-of-way of North Belcher Road in Northwest quarter of Section 06, Township 29 South, Range 16 East, North of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of Belcher Road, Montclair Road, and Old Coachman Road. Residential Medium (RM) (ANX2014-02005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. 2 Ordinance No. 8559-14 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8558-14. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Future Land Use Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 RM R/O/R RU CG P RL WATER WATER RM P RU RLM RU RU P T/URURURU RM CG RM R/OG RL RU RL RL P R/OG P P RU RL RM RL CG RU RU P RM RM P RM SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR 22 5 1 22 5 1 22 0 0 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2236 1875 1 8 8 1 188 71899 1893 2320 2001 2000 1911 1937 1943 1946 1929 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1926 1875 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 18751875 2300 1899Traf1899Traf 2 1911 2301 1876 1870 1864 1876 2248 1863 1869 2316 2010 2006 1927 1919 1923 1959 1955 1951 1947 1943 1935 1919 1925 2209 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1951 2308 193 19 19 2273 1863 187 5 1931 2263 195 1 200 2267 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - RM RM Ordinance No. 8560-14 ORDINANCE NO. 8560-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN RIGHT-OF-WAY LOCATED ON BELCHER ROAD, NORTH OF SUNSET POINT ROAD TO MONTCLAIR ROAD, INCLUDING ALL OF THE RIGHT-OF- WAY WITHIN THE INTERSECTION OF NORTH BELCHER ROAD, MONTCLAIR ROAD, AND OLD COACHMAN ROAD, CONSISTING OF A PORTION OF SECTION 06, TOWNSHIP 29 SOUTH, RANGE 16 EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8558-14. Property Zoning District Right-of-way of North Belcher Road in Northwest quarter of Section 06, Township 29 South, Range 16 East, North of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of Belcher Road, Montclair Road, and Old Coachman Road. Medium High Density Residential (MHDR) (ANX2014-02005) 2 Ordinance No. 8560-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Zoning Map Owner Pinellas County Case: ANX2014-02005 Site: Belcher Road ROW Only Total Property Size: 4.974 acres Land Use Zoning PIN: N/A From: To: N/A N/A RM MHDR Atlas Page: 254A 79.5 92 . 5 3 06115 3 48 . 6 50 70164 94667 12 LAKE 140 183(S)72(S) 4059.5 110 66 66 130(S) 70.95 60 50 50 55 55 60 60 69.5 60 60 74(S) 110 149(S) 94 0 9 1 * 64132 64129 A 17 18 19 20 58 59 1 2 3 4 5 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 87 888990 9291 9394 9695979899 23/01 6.65 23/02 17.06 23/032 8.04 23/03 23/031 2.37 23/022 1.55 23/0321 NOTE: SUB. #09072 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT. LOT FIELD HAS BEEN SHIFTED TO LEFT ONE SPACE. * SEE PLAT FOR DIMENSIONS 120(S) 50 50 60 60 50 60 60 55 80 116(S) 110 59 50 17264 17261 87 87665 87 6 6 5 D 654321 36 35 34 33 7 8 9 30 29 28 31 32 33 54 53 52 37 38 39 60 59 58 32 31 30 TR A TR C A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 SUNSET POINT RD MONTCLAIR RD ATLANTIS DR OLD COACHMAN RD UTOPIAN DR E ALBRIGHT DR CITRUS CT PERTH ST STETSON DR P C C MHDR I LMDR O O MDR LMDR LMDR 22 5 1 22 5 1 22 0 0 23 0 1 23 2 9 1864 1870 1864 1876 1870 2254 2230 2224 2242 2248 2236 1875 1 8 8 1 188 71899 1893 2320 2316 2001 2000 1927 1911 1919 1923 1959 1937 1943 1946 1929 2209 2231 1863 1869 1934 1928 1880 1918 1938 1963 1973 1958 196 2 1865 1922 1875 2308 195 4 1942 1844 197 0 2308 1967 1950 2185 1914 196 6 1869 1875 1951 2300 1899Traf1899Traf MDR MHDR LMDR LMDR LMDR 2 1911 1876 1870 1864 1876 1863 1869 2010 2006 1955 1951 1947 1943 1935 1919 1925 1863 1869 2281 2286 19 197 5 2277 195 5 1935 191 2279 22852265 2288 2288 19 2275 2007 1947 1926 1951 193 19 19 2273 1863 187 5 1931 2263 200 2267 1875 2271 2304 195 1921Publ 1923 Liq -N o t t o S c a l e - -N o t a S u r v e y - MHDR MHDR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-069 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the new Florida Department of Transportation (FDOT) Traffic Signal Maintenance and Reimbursement Agreement, which allows the City to be financially reimbursed by FDOT for maintaining state traffic signals on the state highway system within the City limits and authorize the appropriate officials to execute same . (consent) SUMMARY: In February 2014, FDOT distributed a new Traffic Signal Maintenance and Reimbursement Agreement to all the maintaining agencies in the state that maintain the state’s traffic signals . This new agreement would replace the existing agreement that has been in place between FDOT and the City for years. Shortly after the distribution of the new agreement, all maintaining agencies in the state were invited to attend question and answer meetings with FDOT to discuss any concerns and provide comments for FDOT’s consideration . Traffic Operations staff took part in these meetings and has been working with FDOT for the last three months on various drafts of this maintenance agreement. On April 24, 2014, FDOT mandated in writing that all the maintaining agencies need to fast track the approval of the new maintenance agreement and return two executed copies to FDOT no later than June 1, 2014. The new maintenance agreement allows the City to continue to be reimbursed for maintenance performed by the Traffic Operations Division on the state’s traffic signals within the City of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TR AFFIC SIGNAL M AINTEN ANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 4/14 Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS AGREEMENT, made and entered into this day of , , by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the “Department”, and , Florida, herein called the “Maintaining Agency”. WITNESSED: WHEREAS, the Maintaining Agency has the authority to enter into this Agreem ent and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 3 34.044 and 335.055, Florida Statutes, to enter into this Agreement, and; WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals , traffic signal structures (including signal mast arm structure or strain pole), traffic signal systems (central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software), and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beaco ns), emergency/fire department signals and speed activated warning displays). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of their installation. All traffic signals and control devices mentioned in this paragraph shall hereafter be referred to ‘Traffic Signals and Devices’. 2. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department’s fiscal year for the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of said Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 4. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs) and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Department intends to conduct an inspection of the mast arm structures and strain poles every 60 months. The inspection report will document deficiencies that necessitate preventative maintenance and periodic maintenance. Preventative maintenanc e includes but is not limited to: spot painting or repainting; tightening of nuts and replacing missing or deficient bolts (not including anchor bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring issues, including improper grounding; graffiti removal; all signal related issues (lighting, signs and connections); and response to traffic impact including repair and replacement of all components damaged by the traffic impact . Damaged mast arm replacement shall be repaired or replaced by the Maintaining Agency and the Maintaining Agency is authorized to seek reimbursement from the responsible 3rd party. If the Maintaining Agency is unable to recover the costs from a 3rd party, then the Department intends to reimburse the Maintaining Agency for repair or replacement of the mast arm. The Maintaining Agency shall be responsible for preventative maintenance of the mast arm structures. Failure to perform preventative maintenance after notification of inspection deficiency may result in the Maintaining Agency being responsible for the corrective actions. 6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and/or repair of grout pads; resetting of anchor bolts; repair or replacement of deteriorated anchor bolts and nuts; and replacement of the mast arm when it is determined through the inspection process that the mast arm has reached the end of its service life unless this is due to lac k of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TR AFFIC SIGNAL M AINTEN ANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 4/14 Page 2 of 6 preventative maintenance by the Maintaining Agency. For any new mast arm installations after the date of this Agreement, if a Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work unless under an emergency situation. Any and all work performed by the Maintaining Agency shall conform to the current Department Standard Specifications for Road and Bridge Construction. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance: Maintaining Agenc y Florida DOT Preventative maintenance of all mast arm structu res Periodic maintenance of all mast arm structures (except for any new painted and existing painted structures with signed separate Agreement) Periodic maintenance of structures (for any new painted and existing painted structures with signed separate Ag reement) Damage repair or replacement of structures with recoverable costs May compensate Maintaining Agency for damage repair or replacement of structures when costs are non-recoverable Replacement at end of life cycle of the structure 7. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the s ame functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 8. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions , and the Department’s Traffic Engineering Manual . The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing o f signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the Stat e of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon re quest. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may speci fy modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 9. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all Traffic Signals and Devices on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for comp ensation. New Traffic Signals and Devices added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon Department final acceptance as stated in paragraph 1. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department Traffic Signals and Devices added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department’s Traffic Signals and Devices in the next fiscal year. In the event that no change has been made to the previous year’s Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as de tailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency’s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 11. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement spec ifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TR AFFIC SIGNAL M AINTEN ANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 4/14 Page 3 of 6 The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are re ceived, inspected and approved. 12. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintai ning Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 13. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state ag ency. The Vendor Ombudsman may be contacted at (850) 413-5516. 14. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on le ases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 15. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a pub lic entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public en tity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a ny 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 TW O for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 16. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 17. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be 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 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 year. 18. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 19. The Department intends to monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The Maintaining Agency is required to submit an annual Report on April 1 of each year detailing the following: a. Detection device malfunctions shall be repaired or restored within sixty (60) days of discovery and such events shall be logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. b. All traffic signals shall receive at least one (1) minor preventative maintenance inspection, preferably two inspections, within a twelve (12) month period. At a minimum, minor preventative maintenance inspection includes verification that all detection is working, the signal is cycling properly, the ventilation system is functioning and filters are clean. The inspection report should note the location, date of inspection and any items noted. 20. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals an d signal systems STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TR AFFIC SIGNAL M AINTEN ANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 4/14 Page 4 of 6 on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreeme nt. The Maintaining Agency shall furnish a copy of such agreements to the Department. 21. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 22. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions o f Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by th e Department. 23. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any ri ghts of the Department to enforce its remedies hereunder or at law or in equity. 24. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 25. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except specific separate Agreements covering painted mast arm maintenance. 26. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF (Maintaining Agency) , Florida TRANSPORTATION By : By: (Authorized Signature) (Authorized Signature) Print/Type Name: Print/Type Name: Title: Title: Attest: Attest: (Seal if Applicable) Reviewed: Legal Review: Attorney Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TR AFFIC SIGNAL M AINTEN ANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 4/14 Page 5 of 6 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: To: Maintaining Agency: Intersection Locations Agency Responsible for Periodic Maintenance (FDOT or Maintaining Agency) Compen -sation (Yes or No) Traffic Signal (TS) or Intersection Control Beacon (ICB) Pedestrian Flashing Beacon (PFB) Emergency /Fire Dept. Signal (FDS) Speed Activated W arning Displays (SAW D) Traffic W arning Beacon (TW B) FDOT FY Unit Rate (refer to Exhibit B) % of State (Ex. 25, 33, 50, 75 or 100) Total Amount (Unit Rate x Percent) Total Lump Sum $0.00 I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic S ignal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $0.00. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TR AFFIC SIGNAL M AINTEN ANCE AND COMPENSATION AGREEMENT 750-010-22 TRAFFIC OPERATIONS 4/14 Page 6 of 6 EXHIBIT B TRAFFIC SIGN AL M AINTEN ANCE AND COM PENSATION AGREEM ENT 1.0 PURPOSE This exhibit defines the m ethod and lim its of com pensation to be m ade to the Maintaining Agency for the services described in this Agreem ent and in Exhibit A and Method by which pa ym ents will be m ade. 2.0 COMPENSAT ION For the satisfactor y com pletion of all services detailed in this Agreem ent and Exhib it A of this Agreement, the Departm ent will pa y the Maintaining Agenc y the Total Lum p Sum in Exhibit A. The Maintaining Agency will receive one lum p sum payment at the end of each fiscal year for satisfactor y completion of service. Total Lum p Sum Am ount for each fiscal year is calculated by adding all of the individual intersection am ounts. The individual intersection am ounts are calculated b y taking the FY Unit Rate tim es the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons and rectangular rapid flashing beacons (RRFB). School zones, crosswalk s and warning sign locations shall be paid at a unit rate regardless of the num ber of individual beacons. Exam ple 1: For a traffic signal intersection with 4 approaches with 2 approaches (50%) being state roads, the intersection am ount for FY 10-11 will be: $2,622 x (2/4) = $1,311 Exam ple 2: For an intersection control beacon with 3 approaches , with 2 approaches being state roads, the intersection am ount for FY 11-12 will be $675 x (2/3) = $450 Exam ple 3: For a location with a school zone flashing beacon and two speed activated warning displays, the intersection am ount for FY 14-15 will be {($295*1) + ($148*2)} = $591 Unit Rates per 100% State Intersections Speed Intersection Pedestrian Em ergency Activated Traffic Traffic Control Flashing Fire/Dept. W arning W arning Signals Beacon Beacon Signal Displa ys Beacon (TS) (ICB) (PFB) (FDS) (SAW D) (TW B) (0.25*TS) (0.10*TS) (0.25*TS) (0.05*TS) (0.05*TS) FY 11-12 $2,701 $675 12-13 $2,782 $696 13-14 $2,866 $716 14-15 $2,951 $738 $295 $738 $148 $148 15-16 $3,040 $760 $304 $760 $152 $152 16-17 $3,131 $783 $313 $783 $157 $157 The Unit Rate for each fiscal year is 3% m ore than the Unit Rate for the previous fiscal year, unless otherwise specified in an am endm ent to this Agreem ent. 3.0 PAYMENT PROCESSING The Maintaining Agenc y shall invoice the Departm ent yearly in a form at acceptable to the Departm ent. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-070 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a blanket purchase order to Harcross Chemicals, Inc., of Tampa, FL in the amount of $530,212.64, for liquid Sodium Bisulfite Solution, for a 1-year period, with two additional annual extensions, in order to meet the requirements of the Florida Department of Environmental Protection and authorize the appropriate officials to execute same . (consent) SUMMARY: Liquid Sodium Bisulfite Solution is used at the City’s three Wastewater Reclamation Facilities to dechlorinate treated effluent prior to discharge to surface waters . In addition, this product is used at the City’s Reverse Osmosis Water Plant in the treatment of drinking water. In response to Clearwater Bid 18-14, three responses were received on March 13, 2014, with Harcross Chemical, Inc. representing the lowest most responsive bidder at $0.1240 per pound. Sufficient budget is available in the Water and Sewer Utility Fund , WPC operating cost center 0421-01351-551000-535-000-0000 to fund $54,770.73 for Fiscal Year 13/14; and is planned in the budget requests to be brought forward for Fiscal Year 14/15 in the amount of $163,863.26; and Fiscal Year 15/16 in the amount of $164,312.20; and for Fiscal Year 16/17 in the amount of $95,175.38. Sufficient budget is available in the Water and Sewer Utility Fund in the Water Operating cost center 0421-02053-551000-533-000-0000 to fund $5,967.24 for Fiscal Year 13/14; and is planned in the budget requests to be brought forward for Fiscal Year 14/15 in the amount of $17,852.81; and Fiscal Year 15/16 in the amount of $17,901.72; and for Fiscal Year 16/17 in the amount of $10,369.30. APPROPRIATION CODE AND AMOUNT: 0421-01351-551000-535-000-0000 $54,770.73 FY13/14 0421-01351-551000-535-000-0000 $163,863.26 FY14/15 0421-01351-551000-535-000-0000 $164,312.20 FY15/16 0421-01351-551000-535-000-0000 $95,175.38 FY16/17 0421-02053-551000-535-000-0000 $5,967.24 FY13/14 0421-02053-551000-535-000-0000 $17,852.81 FY14/15 0421-02053-551000-535-000-0000 $17,901.72 FY15/16 0421-02053-551000-535-000-0000 $10,369.30 FY16/17 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-070 Page 2 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-072 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Award a construction contract to Metro Equipment , Inc. of Miami, Florida, for the Safety Harbor Sanitary Sewer Flow Meter Replacement project (11-0035-UT) in the amount of $676,050.00 and authorize the appropriate officials to execute same . (consent) SUMMARY: The City owns, operates and maintains the sewer collection system that accepts sanitary sewer flow from the City of Safety Harbor. The sewer flow is metered through three separate flow-metering stations before getting conveyed to the Northeast Water Reclamation Facility for treatment. The interlocal agreement between the City of Clearwater and the City of Safety Harbor has been in place in its current form since the Northeast plant began its latest significant expansion in 1988. The existing meter facilities date back to the early 1980s when the City began accepting the Safety Harbor flow. The meters and piping are in need of retrofit incorporating advancements in technology to obtain better flow data and assist the Public Utilities department in terms of control and maintenance capabilities. Cardno/TBE was responsible for design and limited construction phase services are included in their previously approved work order. APPROPRIATION CODE AND AMOUNT: 0315-96664-563800-535-000-0000 $676,050.00 USE OF RESERVE FUNDS: Sufficient funding is available in Capital Improvement Program project 0315-96664, WPC R and R. Page 1 City of Clearwater Printed on 5/14/2014 SectionV.docx Page i 7/29/2013 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ................................................................. 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 17 7/29/2013 BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS: That we Metro Equipment Service, Inc., as Contractor and _____________________________________________________________ (Surety) whose home address is ___________________________________________________________________________. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: SIX HUNDRED SEVENTY-SIX THOUSAND, FIFTY Dollars ($676,050.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 2014, entered into between the Contractor and the City of Clearwater for: SAFETY HARBOR SANITARY SEWER FLOW METER REPLACEMENTS PROJECT #: 11-0035-UT a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV.docx Page 2 of 17 7/29/2013 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 2014. METRO EQUIPMENT SERVICE, INC. By: _____________________________ ATTEST: _________________________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ COUNTERSIGNED: _________________________________ _________________________________ SectionV.docx Page 3 of 17 7/29/2013 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Metro Equipment Service, Inc., of the City of Miami, County of Miami-Dade and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: SAFETY HARBOR SANITARY SEWER FLOW METER REPLACEMENTS (#11-0035-UT) in the amount of $676,050.00 (SIX HUNDRED SEVENTY-SIX THOUSAND, FIFTY DOLLARS) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. SectionV.docx Page 4 of 17 7/29/2013 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, r eligion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provi sions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 17 7/29/2013 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statues (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 7/29/2013 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) METRO EQUIPMENT SERVICE, INC. ____________________________________ (Contractor) By: _________________________ (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). SectionV.docx Page 7 of 17 7/29/2013 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, _________________________________, who after being duly sworn, deposes and says: That he is the ________________________________________________________________ (TITLE) of METRO EQUIPMENT SERVICE, INC., a Florida Corporation, with its principal place of business located at 9415 SW 72ND STREET, SUITE 131, MIAMI, FLORIDA, 33173 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the ______ day of __________________, 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: SAFETY HARBOR SANITARY SEWER FLOW METER REPLACEMENTS (#11-0035-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of ___________________________ (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me ____________________________________ AFFIANT This _____day of ____________, 20___. BY: ______________________________ _________________________________ NOTARY PUBLIC _________________________________ My Commission Expires: PRESIDENT BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization LS 1 69,500.00$ 69,500.00$ 56,000.00$ 56,000.00$ 2 Furnish and Install Flow Meter & Vault at Cedar Street LS 1 150,000.00$ 150,000.00$ 245,000.00$ 245,000.00$ 3 Furnish and Install Flow Meter at Allen Avenue LS 1 145,000.00$ 145,000.00$ 279,000.00$ 279,000.00$ 4 Furnish and Install Flow Meter at Briar Creek LS 1 270,000.00$ 270,000.00$ 250,000.00$ 250,000.00$ 5 Furnish and Install Milling SY 1000 2.00$ 2,000.00$ 10.75$ 10,750.00$ 6 Furnish and Install Asphalt TON 50 100.00$ 5,000.00$ 160.00$ 8,000.00$ 7 Unsuitable Material Removal CY 50 5.00$ 250.00$ 21.00$ 1,050.00$ 8 Additional Select Fill Material CY 50 12.00$ 600.00$ 21.00$ 1,050.00$ 9 Miscellaneous Concrete CY 50 100.00$ 5,000.00$ 210.00$ 10,500.00$ 10 Additional Ductile Iron Fittings TON 1 3,700.00$ 3,700.00$ 10,780.00$ 10,780.00$ 651,050.00$ 872,130.00$ 11 Owner’s Contingency 1 LS 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 676,050.00$ 897,130.00$ Bidder’s Grand Total = SAFETY HARBOR SANITARY SEWER FLOW METER REPLACEMENTS (#11-0035-UT) BID OPENING: TUESDAY, APRIL 22, 2014 AWARD - THURSDAY, MAY 15, 2014 METRO EQUIPMENT SERVICE 9415 SW 72ND ST, SUITE 131 MIAMI, FL 33173 STEVE'S EXCAVATING & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 34697 Subtotal = PR OJEC TSITE PR OJEC TSITE PR OJEC TSITE ^ ^ ^ SR 580 McMULLEN-BOOTH RD ENTE RPRISE RD McMULLEN-BOOTH RD SR 580 ALLEN AVE UNION ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK RF N.T.S.n/a n/a4/28/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Document Path: V:\GIS\Engineering\Location M aps\SafetyHarborSanitaryMeter.mxd SAFETY HARBOR SANITARY SEWERFLOW METER REPLACEMENT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-074 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve additional staff (2,180 hrs or 1.05 FTE’s) for the North Greenwood Recreation and Aquatics Complex (NGRAC) for youth programming to be funded by JWB through Coordinated Child Care. (consent) SUMMARY: On October 16, 2013, the Council approved a one-year agreement with Coordinated Child Care for funding of youth programs, at a rate of $17.16 per child, per day. Since then the rate per child has increased to $22.56 per day. From past history, this will amount to approximately $170,000 per year and serve approximately 100 youths that meet the program criteria. Due to high demand and need for more youth programming at NGRAC additonal staf is being requested. The positons requested are (1) 440 hr seasonal Recreaton Leader, (1) 440 hr seasonal Recreaton Leader-lead worker, and (1) 1300 hr Permanent Part Time Recreaton Leader. All of the funding for these positons, approximately $26,000, will be paid for out of the reimbursement grant. Currently, the Department has (1) FT Recreaton Programmer, and (2) Permanent Part Time Recreaton Leaders 1300 hrs each, paid for out of the grant for actvites at Ross Norton Complex. There is no requirement to contnue the program when the grant ends. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-075 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Award a Construction Contract to Gator Grading and Paving LLC of Palmetto , Florida for the 2014 Street Resurfacing Project (14-0025-EN) in the amount of $3,329,125.36, which is the lowest responsible bid received in accordance with the plans and specification, and authorize the appropriate officials to execute same . (consent) SUMMARY: The City of Clearwater annual street resurfacing program is designed to prevent the deterioration of roadway wearing surfaces, provide a protective coating and maintain the integrity of the road substructure throughout the city street system. The streets scheduled for resurfacing in this contract are from the City’s pavement management consultants, citizens' requests, and staff observations ; and have all been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by Engineering staff . The streets included: Druid Road from South Fort Harrison to Keene Road; Drew Street from US19 to Bayshore Boulevard; as well as other various streets throughout the city. In addition, the Pier 60 and Marina Parking Lots will be repaved under the same contract. The contract period is 150 days. APPROPRIATION CODE AND AMOUNT: 0315-92277-563700-541-000-0000 $3,003,681.45 0315-92652-563800-545-000-0000 $ 325,443.91 USE OF RESERVE FUNDS: Sufficient funding and budget are available in Capital Improvement Program projects as follows: $3,003,681.45 in 0315-92277, Streets and Sidewalks and $325,443.91 in 0315-92652, Parking Lot Resurfacing for total funding in the amount of $3,329,125.36. Page 1 City of Clearwater Printed on 5/14/2014 BID ITEMS UNIT QTYUNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 FULL WIDTH MILLING (UP TO 2”)270,000 SY 1.90$ 513,000.00$ 1.92$ 518,400.00$ 2 FULL WIDTH MILLING (2” TO 4”)1,000 SY 5.20$ 5,200.00$ 5.60$ 5,600.00$ 3 SP 12.5 ASPHALT CONCRETE RESURFACING 13,000 TN 88.00$ 1,144,000.00$ 106.00$ 1,378,000.00$ 4 ASPHALT CONCRETE RESURFACING TYPE S-III 10,000 TN 94.00$ 940,000.00$ 119.00$ 1,190,000.00$ 5 MANHOLE RISER INSTALLATION 95 EA 115.00$ 10,925.00$ 145.00$ 13,775.00$ 6 PAVEMENT MARKING – CROSSWALKS (LANE)125 EA 43.50$ 5,437.50$ 52.66$ 6,582.50$ 7 PAVEMENT MARKING – STOP BARS (LANE)120 EA 19.45$ 2,334.00$ 21.06$ 2,527.20$ 8 PAVEMENT MARKING – SCHOOL CROSSING/RR 15 EA 57.20$ 858.00$ 105.31$ 1,579.65$ 9 PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS 95 EA 37.75$ 3,586.25$ 31.59$ 3,001.05$ 10 PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW)17,000 LF 0.20$ 3,400.00$ 0.53$ 9,010.00$ 11 PAVEMENT MARKING – SOLID WHITE 10,200 LF 0.25$ 2,550.00$ 0.26$ 2,652.00$ 12 PAVEMENT MARKING – SOLID DOUBLE YELLOW 21,450 LF 0.40$ 8,580.00$ 0.53$ 11,368.50$ 13 PAVEMENT MARKING – SOLID YELLOW 6,065 LF 0.25$ 1,516.25$ 0.26$ 1,576.90$ 14 TEMPORARY PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS 95 EA 37.75$ 3,586.25$ 31.59$ 3,001.05$ 15 PREPARATION, INSTALLATION AND MAINTENANCE OF PROJECT SIGNS 1 LS 2,300.00$ 2,300.00$ 5,100.00$ 5,100.00$ 16 TEMPORARY PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW) 17,000 LF 0.20$ 3,400.00$ 0.53$ 9,010.00$ 17 TEMPORARY PAVEMENT MARKING – SOLID WHITE 10,200 LF 0.25$ 2,550.00$ 0.26$ 2,652.00$ 18 TEMPORARY PAVEMENT MARKING – SOLID DOUBLE YELLOW 21,450 LF 0.40$ 8,580.00$ 0.53$ 11,368.50$ 19 TEMPORARY PAVEMENT MARKING – SOLID YELLOW 6,065 LF 0.25$ 1,516.25$ 0.26$ 1,576.90$ 20 REMOVE AND REPLACE TYPE I CURB (CITY INDEX 101 – SHEET 1 OF 2)300 LF 49.00$ 14,700.00$ 62.00$ 18,600.00$ 21 REMOVE AND REPLACE VALLEY GUTTER CURB (CITY INDEX 101 – SHEET 202) 600 LF 51.00$ 30,600.00$ 62.00$ 37,200.00$ 22 CONSTRUCT 5 FOOT WIDE ADA RAMP (CITY INDEX 109 – SHEET 2 OF 3)20 EA 1,100.00$ 22,000.00$ 2,900.00$ 58,000.00$ SUBTOTAL STREETS RESURFACING (LINES 1-22)2,730,619.50$ 3,290,581.25$ 23 10 % Contingency Streets Resurfacing 1 LS 273,061.95$ 329,058.13$ TOTAL STREETS RESURFACING 3,003,681.45$ 3,619,639.38$ STREETS RESURFACING 2014 STREET RESURFACING PROJECT (#13-0025-EN) BID OPENING: THURSDAY, APRIL 24, 2014 AWARD - THURSDAY, MAY 15, 2014 Gator Grading and Paving, LLC 2704 105th St. E. Palmetto, FL 34221 Preferred Materials, Inc. 5701 E. Hillsborough Ave., Suite 1122 Tampa, FL 33610 BID ITEMS UNIT QTYUNIT PRICE AMOUNT UNIT PRICE AMOUNT 2014 STREET RESURFACING PROJECT (#13-0025-EN) BID OPENING: THURSDAY, APRIL 24, 2014 AWARD - THURSDAY, MAY 15, 2014 Gator Grading and Paving, LLC 2704 105th St. E. Palmetto, FL 34221 Preferred Materials, Inc. 5701 E. Hillsborough Ave., Suite 1122 Tampa, FL 33610 24 FULL WIDTH MILLING (UP TO 2”)8,100 SY 2.50$ 20,250.00$ 2.58$ 20,898.00$ 25 ASPHALT CONCRETE RESURFACING TYPE S-III 810 TN 97.20$ 78,732.00$ 123.50$ 100,035.00$ 26 MANHOLE RISER INSTALLATION 2 EA 135.00$ 270.00$ 145.00$ 290.00$ 27 PAVEMENT MARKING – STOP BARS (LANE)1 EA 19.45$ 19.45$ 45.00$ 45.00$ 28 PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS, “DO NOT ENTER” 35 EA 40.00$ 1,400.00$ 26.50$ 927.50$ 29 PAVEMENT MARKING – 6” SOLID WHITE 4,100 LF 0.35$ 1,435.00$ 0.32$ 1,312.00$ 30 PAVEMENT MARKING – 6” SOLID BLUE 230 LF 0.85$ 195.50$ 0.53$ 121.90$ SUBTOTAL (LINES 24-30)102,301.95$ 123,629.40$ 31 FULL WIDTH MILLING (UP TO 2”)15,400 SY 2.60$ 40,040.00$ 2.40$ 36,960.00$ 32 ASPHALT CONCRETE RESURFACING TYPE S-III 1,540 TN 97.20$ 149,688.00$ 121.50$ 187,110.00$ 33 MANHOLE RISER INSTALLATION 4 EA 135.00$ 540.00$ 145.00$ 580.00$ 34 PAVEMENT MARKING – STOP BARS (LANE)3 EA 19.45$ 58.35$ 45.00$ 135.00$ 35 PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS, “NO PARKING”, “PED XING” 4 EA 51.45$ 205.80$ 74.00$ 296.00$ 36 PAVEMENT MARKING –6” SOLID WHITE 7,700 LF 0.35$ 2,695.00$ 0.32$ 2,464.00$ 37 PAVEMENT MARKING – 6” SOLID BLUE 290 LF 0.85$ 246.50$ 0.53$ 153.70$ 38 PAVEMENT MARKING – SOLID YELLOW 190 LF 0.25$ 47.50$ 0.32$ 60.80$ 39 PAVEMENT MARKING –SOLID DOUBLE YELLOW 50 LF 0.70$ 35.00$ 0.63$ 31.50$ SUBTOTAL (LINES 31-39)193,556.15$ 227,791.00$ SUBTOTAL PARKING LOTS (LINES 24-39)295,858.10$ 351,420.40$ 40 10% Contingency Parking Lots 1 LS 29,585.81$ 35,142.04$ TOTAL PARKING LOTS 325,443.91$ 386,562.44$ SUBTOTAL STREETS RESURFACING + PARKING 3,026,477.60$ 3,642,001.65$ TOTAL 10% CONTINGENCY 302,647.76$ 364,200.17$ TOTAL 3,329,125.36$ 4,006,201.82$ BIDDER'S GRAND TOTAL 3,329,125.36$ 4,006,201.82$ 41 CONTRACTOR RETAINS PROJECT MILLINGS (DEDUCT)10,000 TN 4.00$ (40,000.00)$ (5,000.00)$ Cells shaded in peach denote mathemtical corrections. PARKING PIER 60 PARKING LOT MARINA PARKING LOT ALTERNATE #1 SectionV.docx Page i 7/29/2013 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ................................................................. 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 17 7/29/2013 BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF MANATEE KNOW ALL MEN BY THESE PRESENTS: That we GATOR GRADING AND PAVING, LLC as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: THREE MILLION, THREE HUNDRED TWENTY-NINE THOUSAND, ONE HUNDRED TWENTY-FIVE Dollars and THIRTY-SIX CENTS ($3,329,125.36) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2014 STREET RESURFACING PROJECT PROJECT #13-0025-EN a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV.docx Page 2 of 17 7/29/2013 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 2014. GATOR GRADING AND PAVING, LLC CONTRACTOR By: _____________________________ ATTEST: _________________________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ COUNTERSIGNED: _________________________________ _________________________________ SectionV.docx Page 3 of 17 7/29/2013 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2014 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "Ci ty", and GATOR GRADING AND PAVING, LLC, of the City of Palmetto, County of Manatee, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2014 STREET RESURFACING PROJECT (#13-0025-EN) in the amount of $3,329,125.36 (THREE MILLION, THREE HUNDRED TWENTY-NINE THOUSAND, ONE HUNDRED TWENTY-FIVE Dollars and THIRTY-SIX CENTS) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. SectionV.docx Page 4 of 17 7/29/2013 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 17 7/29/2013 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statu tes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 7/29/2013 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) GATOR GRADING AND PAVING, LLC (Contractor) By: _________________________ (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). SectionV.docx Page 7 of 17 7/29/2013 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF SEMINOLE On this day personally appeared before me, the undersigned authority, dul y authorized to administer oaths and take acknowledgments, _________________________________, who after being duly sworn, deposes and says: That he is the ________________________________________________________________ (TITLE) of GATOR GRADING AND PAVING, LLC, a Florida Corporation, with its principal place of business located at 2704 105TH STREET EAST, PALMETTO, FLORIDA, 34221 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the ______ day of __________________, 2014 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: 2014 STREET RESURFACING PROJECT (#13-0025-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of ___________________________ (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me ____________________________________ AFFIANT This _____day of ____________, 20___. BY: ______________________________ _________________________________ NOTARY PUBLIC _________________________________ My Commission Expires: PRESIDENT BELLEAIR Clearwater I S L A N D MAN DALAY IRI S CAUSEWAY CORONADO WATER BAYSID E ST HAMDEN BRIGHT DR DR Pass GULFVIEW S. Parkway S Shore BAYWAY BLV D BLV D AC AC IA ST JEWEL SO ME RS ET CAMBRIA ST AVE BAY ASTER DEVON ST AVE Blv d Juanita ROYAL Caus eway DR DR ST MANDALAY POINSETTIA PAPAYA BAYMONT SAN MARCO AVE BAY Ambler ROCKAWAY AVALON GLENDA LE HEILW00D KENDALL DR EAST DR ST SHORE ES P L AN AD EESPLANADE BAY POINSETTIA C Y PR US WAY THIRD IDLEWILD I S L A N D I S L A N D M I D W A Y Marina DOLPHIN PASSAGEWINDWARD MEMORIAL P A S S A GE WAY Way D OR Y WAY P O IN T L A R B O A R D SKIFF P O I N T ISLAN D L E E W A R D I S L A N D I S L A N D N W P A L M S W P A L M H A R B O R S E N E ISLAN D SR-60 P A S S A G E CIREL DO RA DO ESPLANADE B O H E N I A BR UCE CIR GARDENIA Je ss a mi n e St MAN GO BOHENIA AVE AVE MANDALAY ELDORADO AVE NARCISSUS VERBENA ST PLAZA ST LANTANA KIPLING SN U G H A R B OR ATLANTIS DR Ecuadorian AMERICUS PERTH SIDNEY AVE Brisbane Denmark ELLA LORENA R D Casey WETHERINGTON GLENMOOR DRIVE CHAUCER RD SHELLEY EASTWOOD THAMES WHISPERING WILLIAMS PINES MAN DARIN NOR MANDY WOODLEY BROOKSIDE DR CANTERBURY WOODR UFF OAK LAKEST ST ST BAYVIEW PROSPECT AVE TUSKAWILLA BELLEAIR HOWARD WATKINS BELLEVIEW WATERS DRUID CORBETT ST PINELLAS MYR TLE HAMLET REYNOLDS CENTRAL AVE GRAND E LAKEVIEW BLVD WOODLAWN McLENNAN WAY Howard STB C ST D ST A CARMEL SADLON C L E A R W A T E R -L A R G O R D SENECA AVE MYR TLE Campbell BRYAN TCt SMITH HAMLET ST ST ST AVE HAMLET A V E W 1 S T Po m elo HAMLET R D ST B elle D e m psey Sh ore AVE SC RANTON Pinellas BELLEVUE LINCOLN AVE ST Tuskawilla P I N E L L A S Dr EWING AVE YOUNG AVE AVEAVE AVE AVE HAWKINS HALL WYATT TILLEY PROSPECT MILLER TILLEY ST MISSOURI MAD ISON WASHINGTON EWING TIOGA AVE ST RD AVE MICHIGAN SR-651 JEFFERSON EWING MICHIGAN MAD ISON WASHINGTON TIOGA Wildwood ALMA QUEEN MAD ISON Vernon AVE Williamson Ln Harris KINGSLEY QUEEN Harvey PEARL AVE AVE ST ST AVE AVE AVE SOUTH S MARTIN LUTHER KING JR AVE ST EASY YOUNG AVE WOODLAWN BAYVIEW PONC E REMO SAN TUSCOLA ST HILL MILTON BROWNINGAD AM S BETTY AVE ST FORREST PINEVIEW BARRY JEFFORDS AVE LN ST EVERGREEN ST BARRY ST CLEARVIEW RD RD Park SU NNY T H O M A S C T ROSE SOUTHRIDGE MAR Y EVERGREEN FREDERICA DE LEON BLVD LADY HILLCREST ANN HOWARD S T. 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CHARLES WINCHESTER CR-464 WILLIAMS CURTIS E COU NTRY OAKS William s Ct DR DRDR DR CURTIS CURTIS MORNINGSIDE Wistful Vista Dr MEADOWDALE BEVERLY DR BARCELONA ALEMANDA CATALINA A N A D R POINCI CR-474 CR-501 DR DR DR LAKEVIEW VIOLA OAK DR EE Y U L RD GROVE DR DR DORADO PL FAIRFAX FOREST MAPLE DR ROAD DR N S CLAIBORNE HABERSHAM HARN YORK MAR IVA Ja PALM ST SANDY GROVE CAROLYN TURNER SR-651 ST PIERCE GULF-TO-BAY FLOR A STATE ST KING'S BARBARA CARLOS SU NNYDALE ST HART ST APACH E PLAZA FAIRMONT ST NICHOLSON BLUFF TA NOKOMIS IROQUOIS CALUMET SR-590 US-19 ALT. SPRU CE ELDRIDGEHarbor C H E S T N U T JASMINE DRUID R D S Spottis LOTUS Spottis Woode Woode Ln ORANGE Peach LIME Ct ROGERS AVE C S W Y DREW ST ALDEN JONES HART SR-595 GEORGIA MAPLE AVE VINE MAPLE AVE PROSPECT AVE MARKLEY ROGERS PINE MAGNOLIA DRUID DREW BAY WAY PATH AVE PINE PALM n OAK RD Hamilto Crescent W AVE AVE ST WAT TERSON HARRISON OSCEOLA COURT PIERCE ST FORT ST LAURAAVE AVE JEFFORDS LOTUS JASMINE DR Indiana RD ST Harold CHESTNUT PINE ST COU RT MYRTLE GARDEN FRANKLIN EAST SR -60 HENDRICKS ST PIERCE LAURA AVE AVE ST FERN PARK W IN D WA R D ISLAND POIN T DR AVE NICHOLSON CEDAR OSCEOLA AVE SPRING PALM AVEFAIRMONT BLUFF MARGO ST GARDEN ST ST METTO PALM MYR TLE ERMINE BIDWELL AVE HARRISON SUNSET FORT ENGMAN ST MARSHALL DR AVE SMINNE FORT HARR ISON AVE SU NSET DR PR INCESS PLEASANT BURST SUN CT VENETIAN LEBEAU OSAGE JURGENS ROOSEVELT O MOHAWK VENETIAN ROSA PARK MCVEIGH SHERMAN LINCOLN AVE Maple ST ST LEE ST AVE AVE JACKSON St AVE STGOULD S MARTIN LUTHER KING JR AVE EWING PATH WAY AVE TURN ER ST ST York York S CirCir N LOTU S MISSOURI JASMINE MAGNOLIA ST N S MAD ISONPINE PINE ST COU RT BRO WNELL AVE SR-651 Lembo Cir ST ROGERS ST CLEVELAND ST AVE BOOTH ST AVE GROVE JEFFERSON AVE Browns C L E V E L A N D S T GROVE T O N AVE MAD ISON WASHING AVE N.E. ST FRA CIR LIN KN ST ST WASHINGTON MAD ISON MISSOU RI AVE AVE LINCOLN AVE AVE ELDRIDGE ST SANTA LINCOLN RDFORESTRD AVE BETTY DR AVE AVE HILLTOP SAN REMO AVE CT BETTY DE LEON COU RT SAN MAGNO LIA LOTUS Jasmine MARK DR PATH WAY DR HILLCREST PATHLOTUS CHESTER DR EVERGREEN AVE AVE DRUID S A L L Y LN RD ST ST EVERGREEN HILLCREST AVE PINEVIEW PATH JASMINE Ct AVE PINE ST JUAN ROGERS FRANKLIN KENWOOD AVE AVE FRANKLIN PIERCE ST FREDRICA LN AVANDA WAY W A V E R L Y BETTY EVERGREEN LADY ST HILLCREST ST MAR Y LN AVE DR ORANGEVIEW PARK SAN REMO AVE SAN REMO AVE CRESTVIEWPRESCOTT HILLCREST S T E V E N S O N S DR OVERBROOK Cardova SUNSET POIN T DR AVE CR-576 SPRINGTIME RD DR SHERIDANAVE CR-345 COLES ALOHA HOLT AVE PINELAND ST WASHINGTON MAD ISON BECKETT GRANT CARLTONTAFT EN GMAN METTO LA SALLE PENNSYLVANIA ST ST ST MON ROE AVE FULTON MARSHALL SEMINOLE BLUFF MAD ISON Phillies Ln PALM WEST AVE ST MISSOU RI MAD ISON AVE N MARTIN LUTHER KING JR AVE TANGERINE ST ST ST BECKETT ST MARSHALL ST ST DOU GLAS AVEST RUSSELL D R TRAIL A V E OVERBROOK HARBOR ST AVEAVE BROOK SYLVAN CAROLYN VISTA NICHOLSON PALMETTO ST WAY STEVENSON WASHINGTON LN LN WILSON MACOMBER CHENANGO BETTY SPRING THAMES SUNSET RD ST PINEBROOK WOODSONADMIRAL ST LN CEDAR FAIRBURN HIBISCUSP I N E ST KINGS ST PARKW OOD WOODBINE SPRINGDALE Otis C Green AVE ENGMAN ST C A R O L TON CK CLAIRE DR ST O DR OVERLEA BROOK DR ROLLEN HIGHWAY ST ST ST N S BARBARA ST FAIRMONT AVE HEAVEN SANDY MARY TERRACE FAIRMONT CR-560 JADE LN RD L RD RD CR-365 CARLOS SENT LN OTTEN LN HIBISCUS HIBISCUS PARKW OOD WOODBINE SPRINGDALE WESTON JOEL BENTLEY BARBARA SEDEEVA EDGEWATER DR WOODLAWN IDLEWILD CIR SEDEEVAST CIR S MARINE CHARLES GRAN AD A Anchorage WILSON ST ST ST COMMODORE BLVD ST BROADWAY SEDEEVA Plaza IVA ST GRAN AD ADolores OA KDA LE Starboard Port PALM BERMUDA RD Cir S Cir N B Y R A MAVE LN BERTLAND ARBELIA ST POIN SET TA PINECREST N CR-355 TERR ST ST AVE HIGHWAYDR Lantana MALL THE Evergreen ALPIN E RIDGELANE RD Ridgelane Ridgelane LAKE Bark HERCULES AVE Sun Tree Blvd G T HAST INGS Chatham NUGGET Clearview Lake Highland PICARDY Picardy Ln BELLS AVE SR-590 DR GULF-TO-BAY Rosemere Rd KARLYNC ir DR CASLER CT A V E SPENCER AVE ST ST ST ST BAKER Dr MAPLE ST randa Cir AVE c a OAKWOOD RIDGEWOOD PINEWOOD AVE Wood Richards Ct MAPLE ST ST RICHARDS BU DLEIGH LOTUS MAGNOLIA JASMINE CR-375 WAY OAKVIEW AVE HIGHLAND ST BLV D ST AVE AVE ST GLENWOOD AVE SKYVIEW GULF-TO-BAY GLENWOOD ST ST ST CLEVELAND GROVE LAURA ST Rosewood LIVE OAK LAKEST Ct CR-385 PATH DR WAY Ct Ct KEYSTONE AVE DRAVE CREST YELVINGTON SR-60BLVD AVE DR KEYSTONE LAKE DARTMOUTH HARVARD DR CREST AVE HIGHLAND ORAN GEWOOD AVE EDGEWOOD AVE HOBART AVE Sandstone Flagstone Keystone Ridgewood GILBERT DR KENNETH CASLER AIRPORT Feath tree Cir TREE DR er McKINLEY BR OO KS IDE WILLOWBRANCH AVE DR COR ON A AVE TURNER MAGNOLIA AVE MARION AVE SHADY LANE AVE PARKLAND KEENE R D AVE DR AVE REGENT AVE STONB AUDU MAGNOLIA PINE ST C R - 1 PLUM OSA AVE ST PH OENIX AVE ST FLORIDA VENUS VIRGINIA PEGASUS LN AVE AVE JUPITER DUNCAN STAR AVE MARS SATURN AVE AVE VENUS AVE RAINBOW ORION AVE AVE DRUID HARDINGDUNCAN AVE JUPIT ER AVE FEATHER CR-576 DR DR MACRAE AVE DR NELSON AVE RIDGEWAY SOUTH RD Cir POIN T DR HIGHLAND ERIN SOUVENIR LN DR JUNE DR DR DR ELIZABETH CIR DR WOOD WOOD AVE TERRACE ELMWOOD Rosemere Smallwood WALNUT FLAGLER CARLOS DR AVE DR WEST CIRCLE LN ST ROSEMONT SANDY LINWOOD DR LN GREENLEA LOGAN STCLARK WEBB DR ST ST AVE CR-548 LEVERN BONAIR ST ST RIDGE LYNN AVE GENTRY CARROLL ST ST CROWN AVE ST EAST LOMBARDY SHARONDALE BELLEMEADE PAM ELIA FLOR A SHERWOOD WEBB LONG SCOTT FLAGLER LN SunsetWoods Seton Ct THAMES TOW NSEND DR AVE ST ST SUNRISE Stardust SKY BRAXTON LN BRAGG PALMETTO ARDEN AVE AVE ST MURRAY CHANDLER AVE ST ST AVE KEENE R D ST AMBLE SATURN LN LN AVE ARIES LN LEO S LEO LN E BENTLEY PRINCE PHILIP ST LINWOOD CARLISLE GREENHILL MURRAY CIR DR KEENE R D ST ST DR KENESAW KEENE R D N E C O A C H M A N UNIVERSITY DR W ST GUNN DR RD RD DrPark N CAMELLIA CORNELL NEPTUNE AVE ST McKINLEY HARDING PLAZA ST C I N C IN N A T I BRANDON S T PATRICIA MARILYN AVE DR Canterbury SEVARD OXFORD RIPON DR DR RD AVEDR MAGNOLIA HERCULES RIPONDR DR CROYDON KENMOORE DR ALLEN RD AVE ARCTURAS BLVD ROGERS AVE Turner Druid W Dr Park AVE AURORA METEOR ARCTURAS DR COMET CLEVELAND AVE AVE AVE HERCULES NIMBUS CIRU S ST AVE AVE AVE DREW DREW PLAZA STWAY HARDING ST MERCURY AVE P A R K CR-425 KERRY N Druid Cir S Druid Cir Druid GRAH AM N E C O A C H M A N DR FOREST SHARKEY DR E AVE GRANGER TERRACE MARILYN R D S R-590 ST RD DR DR OAKMOUNT Ac orn N MAYWOOD BARBER DR RD BLVD LANDRY WHITMANAVE AVE MAYWOOD TERRACENORMAN GULF-TO-BAY DR BELCHER COLLEGE ACADEMY CAMPUS Univers ity Ct DR DR DR SR-60 BAMBOO L N RD STARCREST DR CR-501 MAIN AVE CR-528 D E L L AVE GROVEWOOD BASCOM WAY JAFFA PL DR BELCHER ANNA ST BLVD HASTINGS LN Hali RIN BAR fax KAPP ST DR SU NSHINE DR RANGE PARK HERCULES GRAND WEAVERAVE CEPHAS AR CTUR US CARROLL SHERWOOD GENTRY ST ST AVE CALUMET SUNNYDALE CALUMET CR-425 ST PALMETTO DR POINT DR DR CR-535 ROAD DR HARTF Peppermill O R D SUNSET ALBRIGHT DR DR BELCHER DR R D GLEN CREEK CR-535 LEE ALBRIGHT C ir L a g o o n VERDE DR CIR N OLD ASBURY COAC HMAN MANOR W MANOR AVE H E M E RIC K ARLINGTON PALMETTOCR-550 RD LOGAN ST CR-501 ST S RD PL BERKLEY PL CANDLER ST ELMHURST GLENVILLE Cir RAGLAND W LAGOON AVE Lagoon N Lagoon E Cir BLVD R D ALLIGATOR STETSON VANDERBILT BEECHER OAK PL ELM PL DR DR DR RD KRUSE DRD R HUNTINGTO N CUMBERLANDPLAT EAU DR RD BYRAM CIR AVENU E AVENU E POWDERH OR N SOUVENIR WINDSOR PL WINDSOR DR PINE ALGONQUIN SETON Oak DR CT DRIVE DR STARLIGHT GREAT BR EN DLA PL ASHTON UNION ST BR AM PTON LITTLE N EC K Windsor Gate RDABBEYDUNSTAN BRIKHILL COVE DAWN DR KEENE R D CR-1 FRANCIS DAWN MON ICA UNION ST SETON LANSING Frederic Cir BEVERLY Utopian Cir CR-584 KAMENSKY LN EDA DR C R Victoria CUNNINGHAM Citrus VICTORIA Radc liffe DRClarendon DR Trent O N LOS LOMAS DR LO M A LINDA WAY SAN SEBASTIAN WAY RADCLIFFE DR SA N MA RINO W AY SA NTIA GO WA Y GAYLE MON TCLAIR MADRID N TOD D ER CHA LAKE CT BUTT NUT CIR RTER ALICIA HEALY HERCULES CATALINA CITRUS DEL BE TM A R D R SUN TREE Sun Tree BU FORD RED OAKS Dr CR-501 Dr BECK E TT DR RD Blvd Americus Norwegian Philippine Utopian Dr E Shangrila Dr Camelot Dr Uto pia n Blvd RD Dr B R I D G EGROVEWOOD CHINABERRY Old Ta m p a B a y US-19 LACONIA DR W AVE AVECT AVE AVE AVE AVE AVE EDENVILLE AVE BURNICE DR Chateaux AMBROSIA DR Ville De BLVD DR Wood NURSERY Chateau HAVANA SANTA CRUZ H A V A N A DR Excaliber Dr WAY HAVANA SOUTH HAVEN DR BELLEAIR LIMA DR RANCHWOOD Excaliber Dr CARLO STEWART MONTE DR BLVD BLVD DR DR SUMMERLIN DR FAIR BAN KS ROSETREE CT SUMMERLIN FAIRBANKS GLENANN DR PREMIER MORELAND HARN DICKENSON MORELAND BRENTWOOD DRIVE DR RD VILLAGE WAY FLUSHINGHENNESEN HERMITAGE FRUITLAND GRENADA EVERGLADES CARACAS DRIFTWOOD AVE TROPIC HILLS DR Pearce Dr LACONIA DR E SR-55 BURMA SAN SAN LN BAY CALAIS ABBEY LAKE RD Oak Ridge HOMESTEAD OAKSSOULE SKYLINE LAWSON MEADOW DR ELLIOTT RIDGEMONT AVOCADO NAVEL KUMQUAT SHADDOCK TERRACE FAIRWOOD FAIRWOOD OBERLIN DR LAKE COLLEGE RUSKIN RD DR BYPASS ST ST CR-535 D RPL ANNA LN AVE RD EVELYNST FERNWOOD AVE KILM ER CT RD DRUID ST EVELYN AVE EDENVILLE RD CHAUCER AVE SHELLEY ST NASH MAPLEWOOD ST DR AVE AVE BAYWOOD AVE PINEWOOD DORA WHITMAN FERNWOOD ST AVE AVE TEAKWOOD AVE LN DR PARK BLVD SEVILLE Altira BLVD SR-60 FAIRWOOD N E C O A C H M A N R D E DR R D WAY PASS R U N DR MICHAEL PINELAND ROAD DR ALBANY LEY SUMMIT RAYMONT W CR-576 DR UAC Mc SKYLINE M I S T Y LO C K DRRD FOREST HILL VARSITY FLINT WIND FARRIER TRAIL COACHMAN DR OLD SR-590 T R AIL TOP RID G E TRAIL OLD COACH TR AIL MAKERS GAP DR COACH EL TAIR PLATEAU WAY RD YALE CAMPBELL Jones RD BELMONT DR EMORY STAG McCAULEY JESSICA RD B E V I L L E PRINCETONST ROAD RD C O A C H W H I P MID NIG H T DR D R CIR WOODRING SOUTH DR HARBOR OWEN DR VIRGINIA PINEAPPLE WEST LN LN DR OWEN OWEN DR SKYLAN D LU CAS EVANS DR DR MARILYN DR DR AUDREY CARLTON BLV D Coachman DR CARDINAL Plaza AU DREY DR CARDINAL DR MORNINGSIDE N TERRACE DR SAN MADERA ST RD THORNTON Brigadoon Brigadoon Dr Cir DAVID HARBOR SKY HAMPTON Elizabeth CROSS DREW AVE RD Ave THOMAS RD WOLFE RD SANGRAND VIEW MERRILL HOYT AVEMOSS AVE AVE ( 4 9 T H S T ) B A Y S I D E CR-611 Fe at h erw oo d McMU LLEN BOOTH RD JOHNS PARKWAY DOW NING ST BAY "K" ST LN CHAMBLEE BORDEAUX LN LN Tennessee Ave A V E B A Y V I E W Carolina C R -3 1 Bay St Meadow Lark GULF-TO-BAY BLVD Kentucky Ave Virginia BAYVIEW AVE Ln Ave Cherry Ln Cleveland St SUNSET Mission Feather Blv d Missi Fl i nt Flint CR-193 D R CR-576 LORI MELONWOOD AVE KINGSWOOD Mission Hills Dr H e ad ST Arrow Mission Cir W W Dr F l i nt DR DR SUE DR DR CR-193 E. HOMEWOOD JADEWOOD AVE CANDLEWOOD ST DOVEWOOD APPLEWOOD AVE BEACHWOOD LN FAIRWOOD TRAIL ST PARK GRAN TWOOD DR DR DR DR AVE LAKE CALAMONDIN W. GRAPE AVE EDENWOOD FRUIT CIR AVE COUNTRY LANE LAKE LANE SPRING DIANE GROVE DR THOMAS DR DR DIANE AN THONY DRDR ST CROIX EL TRINIDAD ST S T E TER HOLLYWOOD AVE C I R VIRGINIA E. LN DR WinwoodDr LEMONWOOD N U TW O O D F R UIT GRAPE CATHERINE SARAH ST CROIX DR RD OAK FOREST DR N PRESTIGE Ln Woods Dr OAK FO REST DR E POINT RDGlesher CR-611 AVE BOOTH McMU LLEN LEONARD LA K E Cir on EDr Dr Dr Dr S N Terrace View Ln DR OAK AVE VISTA GLEN AVE KOVE CT CIRCIR KAPOK KAPOK KAPOK Crescent Ln DR SR-590 SARAH ST CROIX ST JOHN DR DR LAWRENCE DR Abbey Ct Castle OAK FO REST DR W OAK FOREST DR SFOREST W OO D DR E Dr DR DR HYVUECECELIA MARYDR DR KENTON W ay W A u str alia Denmark St World Pkwy Brazilia W o rl d P k w y B lv d Australia Canadian Columbia Dr Ecuadorian W ay Way DR Way CENTERVIEW CT S DR HAAS AVE SR -55 US-19 BLACKBURN RD McCORMICK ELYSIUM ELYSIUM BETHANY BLVD ROBINWOOD Chelsea Pl N Chelsea Pl SSECOND WAY Chelsea Dr CAMDEN RD ST CAMDEN RD SOULE CR-611 CR-611 CTHOMESTEAD WAY CIELO CIR S M E A D O W UNION ST BROOK Bayou ALAMEDA MONTEREY MAXIMO Damascus Rd C A M P B E L L ST ST MATEO BERNADINO MacDonald SR-60 C OU R T N E Y BAYSHORE BLVD LN C o o p e r's A lli g a t o r L a k e ARLIE GABRIEL ST SAN ST ST CARLOS CT SAN D OM IN G O ROSE BAYSHORE S T RD A V E PEDRO JOSEAVE S A N AVE BraesideBLVD AVE STDREW Abbey HILLCREST A V E W. Grand Reserve Cir. E. Grand ReserveCir. Cambridge Cir. Dr.Ct. PlaceEvergreen Prospect BAY Wings Way MacKenzie C t VANDERBILT VANDERBILT PIERCE ST CR-1 CR-1 Creek Pre s e rve Way Burns Guava St SHARKEYRD M E M O RIA L ST Sunrise Dr. Carriage Ln Lantern Way SR -60 SR -60 Tioga Ave Woodlawn Oaks Strathmill Bowmore Talisker ST US-19 ALT. SR-595 US-19 ALT.SR-595 US-19 ALT. SR-595 Sunset Grove Ln Wells Ct Earlham Dr. Colonial Dr DEVON F u lle r D r Fuller Dr UNION ST JEFFERSON CLEVELAND ST Castle Woods Via Cipriani Vi a Ti v o li V i a C a p ri Via Murano SR-590 SR -55 US-19 SUNSET POINT RD STAG RUN BLVD EVERGREEN AVE A V E OLD COACHMAN RD Rachel Jacob ST BRENTWOODDR N MARTIN LUTHER KING JR AVE MAIN STC.R. 576 CLEARWATER SAFETY HARBOR RD Ave CR-600CR-600UNION STCR-600CR-600UNION ST CR-345 AVE DOU GLAS CR-576 RDPOINTSUNSET CR-576 RDPOINTSUNSET CR-576 BETTY LN CR-355 BETTY LN LONG ST PALMETTO ST PALMETTO ST RidgewoodSt SERVICE RD "A" World Pkwy Blvd Blvd Dr W Spanish GREENLEADR STSTPINELLAS RDLAKEVIEW HARDING ST J O H N DR UNION ST CR-600UNION ST CR-600 NURSERY CR-474RD FORT HARRISON AVE FORT HARRISON AVE LAS DOU G RD MONTCLAIR CR-464 RDBELLEAIR CR-464 RDBELLEAIR RD CR-488 AVE HILLCREST Rogers Scarlet Oaks Majestic Oaks 2014 ROAD RESURFACING LOCATIONS LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB 4/10/2014 Map Gen By: Date: ² N.T.S.Scale: Document Path: V:\GIS\Engineering\Location Maps\Road Resurfacing Project - 2014\Locations 11x17.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-076 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve First Amendment to the Cultural Facilities Grant between the City and the State of Florida, Department of State, Division of Cultural Affairs (FDCA), to clarify language in the original Agreement regarding the scope of work , deliverables, and project budget and authorize the appropriate officials to execute same . (consent) SUMMARY: On December 5, 2013, the City Council approved a Grant Agreement between the City and FDCA whereby the City received a matching grant of $1,000,000 to be used for the renovation of the Capitol Theatre. Now that the theatre project is completed, FDCA is desirous of amending the Agreement to more accurately reflect and to clarify certain sections of the Agreement including the following : 1.1 Scope of Work: Matching Funds 1.2 Scope of Work: State Funds 1.3 Deliverables for State Fund Expenditures 4.3 Project Budget This amendment clarifies what funds were used for the renovations of the Capitol Theatre . APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-077 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve Second Amendment to Revocable License Agreement between the City and Emerald Coast Bungee, Inc., to clarify language regarding employee background screening, and authorize the appropriate officials to execute same . (consent) SUMMARY: On June 6, 2013, a Revocable License Agreement between the City and Emerald Coast Bungee, Inc. (ECB) was approved to provide entertainment concessions at Pier 60 Park for a guaranteed payment of $52,500 per year. On February 6, 2014, an Amendment to that Agreement was approved to clarify the license fee and background screening of employees. Based on a recent discovery by ECB, the Department of Law Enforcement will not approve the level of screening required in their agreement. Thus, staff is requesting a second amendment to clarify provisions for background screening. The amendment adds language to address the possible inability of Licensee to secure background checks in accordance with the VECHS program, and that Licensee shall then secure the highest level of background screening allowed by law. ECB is in agreement with these changes. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-078 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2014/15 special events, including five annual city events; and fourteen city co-sponsored events, at an estimated General Fund cost of $389,090 ($24,300 cash contributions and $364,790 in-kind contributions) and Enterprise Fund cost and fee waiver of $90,840 for the purposes of Fiscal Year 2014/15 departmental budget submittals. (consent) SUMMARY: According to City Council Policy, Item M (Special Event Fees), there shall be an annual review of city sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget , City Council approval will be needed. There are thirty -three additional special events requiring some type of in -kind support from the Parks and Recreation Special Events Division during Fiscal Year 2014/15. It should be noted that this represents an increase of $6,405 (1.7%) in General Fund support from Fiscal Year 2013/14 and a total decrease in Enterprise fund support of $35,540. The increase in General Fund is due primarily to: ·Police Services - to cover minor increases for Super Boat National Championship and Fun N Sun events. ·Fire Services - adjustments needed to cover actual levels of service for Tri -Rock event. The decrease in enterprise funds is for adjustments made for the Gas Department no longer sponsoring Clearwater Celebrates America Event, as this was a one -year sponsorship. Staff has been unable to locate another sponsor for this event and is requesting direction in regard to either having the Gas Department sponsor for another year or providing general fund support in Parks and Recreation budget ($40,000). Cash Requests of $24,300 is the same as Fiscal Year 2013/14; Clearwater Veterans Alliance ($5,000); Clearwater Jazz Holiday ($14,550) and the Martin Luther King, Jr. Day March & Rally ($4,750). At the 5/12/2014 Work Session, there was consensus for the Gas Department to sponsor the Clearwater Celebrates America Event , increasing the Enterprise Fund cost and fee waiver to $90,840. Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-078 APPROPRIATION CODE AND AMOUNT: Various General Fund Costs - $389,090 Various Enterprise Fund Costs - $90,840 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-082 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Elster American Meter in the amount of $964,725.00 for the purchase of diaphragm gas meters (Items 1, 2, 3, 4), from June 1, 2014 through May 31, 2015; to Equipment Controls Company in the amount of $118,205.00 for the purchase of rotary gas meters (Items 5, 6, 7, 8), from June 1, 2014 through May 31, 2015; to Key Controls, Inc. in the amount of $410,684.90 for the purchase of gas regulators (Items 9, 10, 11, 12, 13, 14), from June 1, 2014 through May 31, 2015, and authorize the appropriate officials to execute same . (consent) SUMMARY: Elster American Meter, Key Controls and Equipment Control Company were the lowest responsive and responsible bidders, who met the specifications for Bid 28-14. The equipment purchased will be used for new customers as well as replacing existing meters that have reached the end of their useful life. Material is code approved and the meters and regulators will be used on the Clearwater Gas System Distribution System. APPROPRIATION CODE AND AMOUNT: Funding is available in Gas Meter Change-out Pinellas 315-96367 and Gas Meter Change-out Pasco 315-96379 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 CITY OF CLEARWATER - BID TABULATION BID 28-14 - GAS MATERIALS - METERS AND REGULATORS ELSTER AMERICAN METER M.T. DEASON COMPANY EQUIPMENT CONTROLS CO BID OPENED: APRIL 17, 2014 - 11:00 AM PAGE 1 OF 2 NEBRASKA CITY, NE BIRMINGHAM, AL NORCROSS, GA NEW NEW NEW ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS W/CON.3,000 73.45$ 220,350.00$ 75.98$ 227,940.00$ 85.74$ 257,220.00$ INSTALLATION OF ERT DEVICE ON METER 3,000 3.00$ 9,000.00$ 3.00$ 9,000.00$ 5.48$ 16,440.00$ 2 400 CLASS CFH (NTC) ALUMINUM GAS METERS W/CONNECTIONS 500 174.50$ 87,250.00$ 185.00$ 92,500.00$ 196.62$ 98,310.00$ INSTALLATION OF ERT DEVICE ON METER 500 3.00$ 1,500.00$ 3.00$ 1,500.00$ 5.48$ 2,740.00$ 3 600 CLASS CFH (NTC) ALUMINUM GAS METERS W/CONNECTIONS 500 385.65$ 192,825.00$ 643.48$ 321,740.00$ NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 500 3.00$ 1,500.00$ 18.25$ 9,125.00$ NO BID NO BID 4 1000 CLASS CFH (NTC) ALUMINUM GAS METERS W/CONNECTIONS 500 899.60$ 449,800.00$ 809.45$ 404,725.00$ NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 500 5.00$ 2,500.00$ 18.25$ 9,125.00$ NO BID NO BID 5 3M ROTARY METER 20 1,380.46$ 27,609.20$ 2,619.67$ 52,393.40$ 1,324.00$ 26,480.00$ INSTALLATION OF ERT DEVICE ON METER 20 5.00$ 100.00$ NO BID NO BID NO BID NO BID 6 5M ROTARY METER 20 1,709.67$ 34,193.40$ 2,970.00$ 59,400.00$ 1,684.00$ 33,680.00$ INSTALLATION OF ERT DEVICE ON METER 20 5.00$ 100.00$ NO BID NO BID NO BID NO BID 7 7M ROTARY METER 15 2,303.93$ 34,558.95$ 3,657.00$ 54,855.00$ 2,163.00$ 32,445.00$ INSTALLATION OF ERT DEVICE ON METER 15 5.00$ 75.00$ NO BID NO BID NO BID NO BID 8 11M ROTARY METER 10 2,720.55$ 27,205.50$ 3,559.00$ 35,590.00$ 2,560.00$ 25,600.00$ INSTALLATION OF ERT DEVICE ON METER 10 5.00$ 50.00$ NO BID NO BID NO BID NO BID 9 3/4" PIPE SIZE, ANGLE BODY GAS REGULATOR W/INT. RELIEF VALVE (60 PSIG 3,000 21.15$ 63,450.00$ 20.10$ 60,300.00$ NO BID NO BID 10 3/4" PIPE SIZE, ANGLE BODY GAS REGULATOR W/INT. RELIEF VALVE (6 PSIG)4,000 21.15$ 84,600.00$ 20.10$ 80,400.00$ NO BID NO BID 11 1" PIPE SIZE GAS REGULATOR W/INT. RELIEF VALVE (6 PSIG)500 21.15$ 10,575.00$ 19.60$ 9,800.00$ NO BID NO BID 12 1" PIPE SIZE GAS REGULATOR W/INT. RELIEF VALVE (60 PSIG)500 21.15$ 10,575.00$ 19.60$ 9,800.00$ NO BID NO BID 13 2" FEMALE PIPE SIZE GAS REGULATOR W/INT. RELIEF VALVE (60 PSIG)70 298.80$ 20,916.00$ 214.25$ 14,997.50$ 280.36$ 19,625.20$ 14 2" FLANGED REGULATOR W/INT. RELIEF VALVE (60 PSIG)70 343.10$ 24,017.00$ 245.80$ 17,206.00$ 361.18$ 25,282.60$ TOTAL ALL ITEMS:INCOMPLETE INCOMPLETE 15 VENDOR SPONSERED ON SITE TRAINING:NO YES 16 VENDOR SPONSERED OFF SITE TRAINING:NO NO PAYMENT TERMS:NET 30 NET 30 NET 30 DELIVERY (ARO):TO BE 4-6 WEEKS 4-6 WEEKS DETERMINED BID TAB 28-14 CONTINUED: PAGE 2 OF 2 KEY CONTROLS, INC. LAKELAND, FLORIDA NEW ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS W/CON.3,000 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 3,000 NO BID NO BID 2 400 CLASS CFH (NTC) ALUMINUM GAS METERS W/CONNECTIONS 500 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 500 NO BID NO BID 3 600 CLASS CFH (NTC) ALUMINUM GAS METERS W/CONNECTIONS 500 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 500 NO BID NO BID 4 1000 CLASS CFH (NTC) ALUMINUM GAS METERS W/CONNECTIONS 500 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 500 NO BID NO BID 5 3M ROTARY METER 20 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 20 NO BID NO BID 6 5M ROTARY METER 20 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 20 NO BID NO BID 7 7M ROTARY METER 15 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 15 NO BID NO BID 8 11M ROTARY METER 10 NO BID NO BID INSTALLATION OF ERT DEVICE ON METER 10 NO BID NO BID 9 3/4" PIPE SIZE, ANGLE BODY GAS REGULATOR W/INT. RELIEF VALVE (60 PSIG 3,000 45.42$ 136,260.00$ 10 3/4" PIPE SIZE, ANGLE BODY GAS REGULATOR W/INT. RELIEF VALVE (6 PSIG)4,000 45.42$ 181,680.00$ 11 1" PIPE SIZE GAS REGULATOR W/INT. RELIEF VALVE (6 PSIG)500 45.42$ 22,710.00$ 12 1" PIPE SIZE GAS REGULATOR W/INT. RELIEF VALVE (60 PSIG)500 45.42$ 22,710.00$ 13 2" FEMALE PIPE SIZE GAS REGULATOR W/INT. RELIEF VALVE (60 PSIG)70 293.34$ 20,533.80$ 14 2" FLANGED REGULATOR W/INT. RELIEF VALVE (60 PSIG)70 382.73$ 26,791.10$ 410,684.90$ TOTAL ALL ITEMS:INCOMPLETE 15 VENDOR SPONSERED ON SITE TRAINING:YES 16 VENDOR SPONSERED OFF SITE TRAINING:YES PAYMENT TERMS:NET 30 DELIVERY (ARO):1-2 WEEKS SUMMARY OF BID 28-14: BIDS SOLICITED:5 BIDS RECEIVED:4 "NO BID" RESPONSE:0 NO RESPONSE:1 ADVERTISED: TAMPA BAY TIMES : 3/29/2014 myclearwater.com 3/25/2014 - 4/17/20147 964,725.00$ 118,205.00$ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-105 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Approve the obligations imposed on the City by the conveyance of a Distribution Easement from a private property owner to Duke Energy for the installation of electrical facilities to provide service to a production well on common area of Mission Hills Condominium Complex; and authorize the appropriate officials to execute same . (consent) SUMMARY: The City is preparing to utilize a water production well located within an existing City easement (City Easement) on common area property occupied by Mission Hills Condominium Association, Inc. (Mission Hills). Electrical service to the well must be upgraded to operate the well as planned. The City Easement is approximately 2,200 feet long along private roads within the condominium complex. If Duke Energy installs its distribution lines within this City Easement, the entire 2,200 feet of roadway would be subject to disruption during the installation. The proposed easement provides for an alternative corridor which would be less costly and disruptive to all parties involved. The proposed easement traverses through an undeveloped corridor owned by Carolyn Bomberger who also owns the property occupied by Mission Hills. Ms. Bomberger is amenable to donating the easement. However, the easement allows her to grant a future easement over an alternative corridor should the easement conflict with future development plans. Under such circumstances, the City would be required to pay the cost of relocating the facilities to the new easement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Mission HillsCondo Assn. Existing City Easement Proposed Easement fromPrivate Party to Duke Energy E VIR GINI A L N CSX Railroad SR 590 ST. JOHN DR M c M U L L E N - B O O T H R D EDENWOOD ST PARK TRAIL LN BAY VIE W AVE KAPO K CIR HOLLYW OO D AVE GLEN OAK AVE N MELONW OO D AVE KAPOK KOVE DR LORI DR KAPOK KOVE CIR N U T W O O D ST KINGSW OOD DR EGRAPEFRUITCIR LEONARD DR LAWRENCE DR LEMONWOOD ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.273B 08-29s-16e04/30/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Distribution Easement to Duke Energyto Provide Electrical Service to City Water Well Document Path: V:\GIS\Engineering\Location Maps\Mission Hills_Dist Easement to Duke Energy.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-108 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Approve a budget amendment to the City Attorney’s Professional Services budget in the amount of $100,000.00. (consent) SUMMARY: The City Attorney’s Office experienced an unexpected , high liability lawsuit during the budget year. The case of David and Aileen Bair v . City of Clearwater has an exposure possibility of over $600,000. The City Attorney hired Jeff Hinds , Esq. of Smolker, Bartlett, Schlosser, Loeb and Hinds to represent the City’s interests in this case . Defense of this case required the use of several expert witnesses, appraisers, and intensive discovery including numerous depositions. The case was set for trial on March 27, 2014, but just prior to starting, was continued to October. Counsel had prepared for and was ready to take the case to trial at that time. The original budgeted amount virtually depleted the attorney’s fees portion of the Professional Services budget . In addition, the cost of the experts and ancillary charges in this case depleted the remaining amount in that budget code. Because of the continuance, counsel will have to update many of the preparations already made and will incur additional fees. The experts will also have to appear at trial and be compensated for this. The City Attorney anticipates that representation of this case through the new trial date will require additional funding in the amount of $145,000.00, to include legal fees and other costs. There are some funds available in other areas of the City Attorney’s budget that can be reallocated to this matter. Therefore, staff is requesting a budget amendment in the amount of $100,000.00. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Funding for this item will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $100,000 to the City Attorney’s operating budget . The balance in General Fund reserves is approximately $ 19.8 million, or 17.2% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund the current operating budget, a total of $2,474,633 of General Fund reserves has been used to date to fund expenditures in the 2013/14 operating budget. Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-108 Page 2 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-120 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Approve City contribution to City of Clearwater Employees’ Pension Plan to subsidize buyback of prior service credit for certain hazardous duty contract employees enrolled in the Plan, for a not -to-exceed amount of $545,000, to be funded from General Fund reserves, and authorize the appropriate officials to execute same . (consent) SUMMARY: Beginning in calendar year 2005, the City began hiring individuals from outside the organization to serve as Assistant Fire and Police Chiefs. Because these individuals were hired into contract positions (SAMP 4 and 5 levels), they were excluded from the defined benefit pension plan same as other City contract positions, and in accordance with the pension ordinance. Instead, they were enrolled in the City’s 401A defined contribution pension plan. The Pension Plan’s attorney has rendered an opinion that Florida Statutes Chapters 175 and 185 prevail over the City’s pension ordinance, and require that all firefighters and police officers participate in the City’s defined benefit pension plan (City of Clearwater Employees’ Pension Plan). The only allowed exception if for Fire and Police Chiefs who have the option of not participating. At the August 13, 2012, Pension Trustees’ meeting, the Trustees approved enrollment in the pension plan of the employees that had been excluded from the plan per above , on a prospective basis. Trustees also discussed allowing the buy -back of prior service credit to their date-of-hire at a rate less than the actuarially calculated buy -back amount. This agenda item seeks approval of City funding to allow the employees to buy -back at a rate of 15% of their pensionable earnings for the prior service. If all employees exercise the buy -back option at the proposed 15% level by the June 15 deadline, the buy-back at 15% per year would total $753,343 versus an actuarially calculated buy-back of $1,297,943 as of June 15, 2014. Approval is requested to fund the difference of approximately $545,000 as a not-to-exceed amount from General Fund reserves. The balance remaining in General Fund reserves is $10.37 million after deductions for: $1.4 million to fund the Fiscal Year 2014 operating budget; $102 thousand appropriated via budget amendments for additional Fiscal Year 2014 expenditures; and $9.8 million reflecting the required minimum 8.5% General Fund reserves. This agenda item, if approved, will decrease the available balance from $10.37 million to $9.83 million. Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-120 USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid -year budget amendment transferring General Fund reserves in the amount of $545,000 to the Employees’ Pension Plan. The balance currently remaining in General Fund reserves is approximately $10.33 million after deductions for: $1.4 million to fund the Fiscal Year 2014 operating budget; $142,000 appropriated via budget amendments for additional Fiscal Year 2014 expenditures; and $9.8 million reflecting the required minimum 8.5% General Fund reserves. This agenda item, if approved, will decrease the available balance from $10.33 million to $9.79 million. Page 2 City of Clearwater Printed on 5/14/2014 City of Clearwater Fire Chiefs Buyback - Actuarial vs. 15% Buyback Net Actuarial Cost Total Actuarial Cost Employee as of 7/14/2014 15% Buyback to City Gemsheim 18,586.56$ 10,049.99$ 8,536.57$ Magness 161,983.52 87,988.45 73,995.07 O'Neill 137,611.55 84,334.81 53,276.74 Riley 164,494.87 102,080.83 62,414.04 Roby 104,881.96 63,088.35 41,793.61 Sparrow 135,497.80 77,395.18 58,102.62 Stasiowski 127,372.46 64,010.44 63,362.02 Strong 153,409.87 88,404.36 65,005.51 Watts 108,434.96 67,867.22 40,567.74 Weiss 185,669.85 108,123.32 77,546.53 Totals 1,297,943.40$ 753,342.95$ 544,600.45$ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-123 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.13 SUBJECT/RECOMMENDATION: Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the Shared Use Path on the south side of the Courtney Campbell Causeway (SR 60), authorize the appropriate officials to execute same, and provide direction regarding the timing and possible funding of the Bayshore Trail . (consent) SUMMARY: The construction of the Courtney Campbell Causeway Trail by the Florida Department of Transportation began on December 2, 2013 and is estimated to be complete in May 2015. This trail is of significant regional impact, and has been identified in the City of Clearwater’s 2006 Bicycle and Pedestrian Master Plan, the Pinellas County Long Range Transportation Plans, and represents a cooperative effort between the City of Clearwater , Pinellas County, Hillsborough County, the City of Tampa and the Florida Department of Transportation . The MOA requires that the City provide routine maintenance of the Trail including , but not limited to mowing, minor asphalt repair, debris removal, residue accumulation removal, and other minor repairs. The Florida Department of Transportation will be responsible for major maintenance items, bridges and handrails. The City of Clearwater currently maintains the landscaping along the Courtney Campbell Causeway, and does not anticipate any additional substantial financial impacts. In addition, the MOA limits the City’s financial liability for repairs other than routine maintenance to $25,000 per fiscal year. The City Council at their workshop meeting of October 14, 2013 requested a report from staff relative to the possibility of moving Penny funding for the construction of the Bayshore Trail from Fiscal Year 2015/16 and a portion of 2016/17 to Fiscal Year 2014/15 so that the connection between the Ream Wilson Trial and Courtney Campbell Trail can be completed to coincide with the completion of the Courtney Campbell Trail project . The Bayshore Trail is currently under design and is expected to be complete this summer . Since the final design has yet to be completed an accurate cost has yet to be determined, however, based on recent trail construction projects it is estimated that the trail could cost between $750,000 and $1,000,000. Transfer of funds for this project can be allocated when the construction contract for this project is brought forward in the fall. Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-123 Council direction is needed to determine whether or not Penny funds for this project should be moved from 2015/16 and 2016/17 to coincide with the proposed construction of the Bayshore Trail in the fall of 2014. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-125 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.14 SUBJECT/RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to The Parts House of Tampa, FL in the amount of $160,000 for the purchase of replacement vehicle parts used by all city departments during the contract period June 1, 201 through May 31, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa Contract 10-P-04593 and authorize the appropriate officials to execute same . (consent) SUMMARY: This blanket purchase order is a piggyback of the City of Tampa Contract 10-P-04593 and covers the purchase of replacement vehicle parts for use on all City vehicles. This vendor specializes in Motorcraft and AC Delco automotive parts . APPROPRIATION CODE AND AMOUNT: 566-06611-550600-519-000 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-126 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.15 SUBJECT/RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to Fleet Products of Tampa , FL in the amount of $220,000 for the purchase of replacement vehicle parts used by all city departments during the contract period June 1, 2014 through May 31, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa Contract 10-P-04593, bids 41081810 and 41020612, and authorize the appropriate officials to execute same . (consent) SUMMARY: This blanket purchase order will be a piggyback of City of Tampa contract 10-P-04593; bids 41081810 to purchase automotive light duty parts and 41020612 to purchase heavy-duty parts for all City vehicles. APPROPRIATION CODE AND AMOUNT: 566-06611-550600-519-000 USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-130 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.16 SUBJECT/RECOMMENDATION: Approve an Indemnification Agreement with Westfield Countryside Mall for use of the premises located at 27001 US Highway 19 North, Clearwater, Florida permitting Police Officers to utilize mall property for Operation Shred , authorize the appropriate officials to execute same, and authorize the Chief of Police to sign future Indemnification Agreements . (consent) SUMMARY: The Clearwater Police Department desires to partner with ProShred Security, Inc. to engage in shredding personal documents on the northeast parking lot property located at 27001 US Highway 19 North, Clearwater, Florida on May 17, 2014 during the hours of 7:00 a.m. to 3:00 p.m. Westfield Countryside Mall has requested an Indemnification Agreement for the use of its property for the operation. This type of activity is recurring whereby the Chief of Police will request use of real property to assist the citizenry with paper shredding and medicine disposal. Frequently, the real property owner will request an Indemnification Agreement to protect the property owner . Therefore, the Chief of Police requests the authority to sign future Indemnification Agreements relating to the aforementioned activities. These events were initiated to provide safety and security information to the residents of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-131 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.17 SUBJECT/RECOMMENDATION: Approve the second rollover contract (purchase order) in the amount of $449,000.00 to General Utilities for the purchase of Steel Pipe and Fittings (Items 1-14, 41-43, 67-93, 96-128 and 133-160), for the period June 1, 2014 to May 31, 2015; approve the second rollover of contract (purchase order) in the amount of $417,000.00 to General Utilities for the purchase of Polyethylene Pipe and Fittings (Items 1-66 and 72-100), for the period June 1, 2014 to May 31, 2015 and authorize the appropriate officials to execute same . (consent) SUMMARY: General Utilities was the lowest responsive and responsible bidder, who met the specifications for Bid 12-12 for Steel Pipe and Bid 8-12 for Polyethylene Pipe. The equipment purchased will be used for new mains, services and repairs. Material is code approved and the pipe and fittings will be used on the Clearwater Gas System Distribution System. APPROPRIATION CODE AND AMOUNT: Funding is available in Pinellas New Mains and Services 315-96377 and Pasco New Mains and Services 315-96378 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-134 Agenda Date: 5/15/2014 Status: Agenda ReadyVersion: 2 File Type: AppointmentIn Control: City Council Agenda Number: 8.18 SUBJECT/RECOMMENDATION: Appoint Emilio Gonzales, Nola Johnson, and Carmen Santiago to the Parks and Recreation Board with terms to expire May 31, 2018. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Ric Ortega MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Long Center - 6:30 p.m. APPTS. NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Ray Shaw - 2972 Clubhouse Drive West , 33761 - Insurance Adjuster/Own Business Original Appointment 5/4/6 Resigned 2/18/14 - (was serving 2nd term to expire 5/31/14) THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. Aubrey “Brooks” Hammac - 2035 Rebecca Dr., 33764 - BS Industrial Eng. Original Appointment 5/4/06 (currently serving 2nd term to expire 5/31/14) 2. Gerald J. Thompson - 2666 Cascade Court, 33761 - Consultant/Bachelor degree Business Original Appointment 7/21/11 (currently filling unexpired term to expire 5/31/14) Not interested in reappointment THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Douglas M. Cowley - 2347 Flint Lock Dr., 33765 - Retired School Principal/Masters Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-134 Educational Leadership 2. Emilio Gonzales - 1620 Keystone Ct., 33756 - Teacher and Coach 3. Nola Johnson - 2995 Exeter Dr., 33761 - Personal Trainer/Fitness Consultant 4. Carmen Santiago - 2072 Sunset Point Rd., Unit 125, 33765 - Political Science/Youth Developer Zip codes of current members on board: 1 at 33755 1 at 33761 2 at 33764 2 at 33767 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Douglas M. Cowley Home Address: Office Address: 2347 Flint Lock Drive Clearwater, FL Zip 33765 Zip Telephone: 727 - 791 -8964 Telephone: Cell Phone: E -mail Address: How long a resident of Clearwater? 26 years Occupation: Retired School Principal Field of Education: Masters Educational Leadership Masters Guidance Employer: Employer: Other Work Experience: If retired, former occupation: I worked for the Pinellas County School Board for 27 years Community Activities: Blood Donor Other Interests: Basketball, Walking Board Service (current and past): City of Clearwater Library Advisory Board 1992 -94 Morningside HOA Board 1994 -2000 RECEIVED DEC 2 0 2013 Board Preference: C7F:C01 RECORDS AN Parks & Recreation Board Additional Comments: I supervised PE Programs for 19 years as an Administrator for the Pinellas County Schools 4.? Signature: 44_2Z C L Date: /'?////3 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The Parks and Recreation Board serves as a sounding board and advisory board for the Director of the Program. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I was a member of the Clearwater Library Advisory Board from 1992 -94. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? As a Principal and Assistant Principal for the Pinellas County School Board 1 have supervised Physical Education Programs for 19 years. I am a regular user of Clearwater City Parks. 1 play basketball at Coachman Ridge Park and walk around the Long Center 5/6 times per week. I am aware of the multiple groups that the Long Center serves. 4. Why do you want to serve on this Board? I think I could offer the perspective of a consumer of the Parks and Recreation Program. Name: Douglas M. Cowley Board Name: Parks & Recreation Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Emilio Gonzalez Home Address: Office Address: - - -- 1620 Keystone Ct. 1895 Gulf to Bay Blvd Clearwater, FI 33756 Clearwater, FI 33765 Telephone: 727 - 442 -8641 Telephone: 727 - 469 -5817 Cell Phone: 786- 271 -6331 E -mail Address: gonzalezem @pcsb.org How long a resident of Clearwater? Seven years, but family members resided in Clearwater since the early 50's Occupation: Teacher and Coach Employer: Pinellas County Schools Clearwater HS Adult Education Center Field of Education: Other Work Experience: St.Petersburq Junior.College A.A. (1966) Education /Psycology B.A. (FSU) Education /Guidance M.Ed (University of Miami) If retired, former occupation:- High School Guidance Counselor & Coach (40 years at Miami - Dade Public Schools. For twenty years I was an instructor at Miami -Dade College, Continuing Education Dept. I was co -owner of Children's Educational Services, providing families with educational and school psychological services. I wrote a weekly column on educational topics for "El Diario de las Americas;" a well known newspaper published in the Miami area for the Hispanic community. Community Activities: Member of the Lions' Club( Miami 1973 -1980; Board Member of the Jose Marti YMCA (Miami 1980 -1990) Participant in the Special Olympics Program for Dade County, FI. Volunteer as an assistant coach for the Tennis Programs at Clearwater H.S (5 yrs) and Pinellas Park HS (2 yrs).. Assisted with the "Tennis Play Day" event held at McMullen Tennis Center last year and also this year.) Other Interests: Water Sports, Travelling and Tennis Board Service (current and past): Board Preference: Parks & Recreation Advisory Board Additional Comments: Would like the opportunity to serve the community of Clearwater in this area of interest. Signatur Date: April 30, 2014 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? To advise the City of Clearwater Parks & Recreation Department on condition, improvements and development of property for parks and recreational facilities. - To ensure that the City of Clearwater Parks & Recreation Department adhere to their mission statements and future projects which serve and benefit the members of our community. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I have attended several City Council meetings. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have coached high school level sports for over 40 years in the Miami area. Currently I am assisting with the tennis program at Pinellas Park Senior High School. I also provided my services to the Varsity Tennis Program at Clearwater Senior High for five years. As an employee for the Dade County Parks & Recreation Department, I ran many summer tennis camps located at the Tamiami Park back in the late eighties. During my coaching career 1 was selected to be a member of the first tennis advisory board for the Florida High School Athletic Association (FHSAA). My experiences include working closely with several minority groups, in particularly with the Hispanic community. 4. Why do you want to serve on this Board? Since I am currently residing in the City of Clearwater and benefitting from the services provided by the Recreation Department, what better way than to get involved and serve our community? Name: Emilio Gonzalez Board Name:_Parks & Recreation Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Nola Johnson Home Address: Office Address: 2995 Exeter Drive, Clearwater 3001 Countryside Blvd, Clearwater Zip 33761 Zip 33761 Telephone: Telephone: 727 - 796 -1333 Cell Phone: 727 - 224 -8041 E -mail Address: nshyiak @hotmail.com How long a resident of Clearwater? 3 1/2 years Occupation: Personal Trainer /Fitness Consultant Employer: Countryside Country Club Field of Education: Other Work Experience: Exercise Science and Wellness and Nutrition Total Fitness, Tarpon Springs Paradise Fitness, Guam If retired, former occupation: n/a Community Activities: Curlew Creek PTA Board Member 2013 -2014, Curlew Creek PTA President for 2014 -2015 year, Junior League of Clearwater- Dunedin, Inc, (JLCD) member 2001 to present, Sustainer representative to the JLCD Board 2013 to present, Countryside Little League volunteer 2011 to present, Clearwater Chargers Soccer volunteer 2012 to present, volunteer at numerous running and triathlon races. Other Interests: Triathlon, Running, Boating, Spending time with family! Board Service (current and past): Board Preference: Parks and Recreation Board Curlew Creek Elementary PTA Board JLCD Board Additional Comments: Signature: i Date: 4/2/14 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I don't know much about this particular board. I was invited to apply /participate by Felicia Leonard, a personal friend and former JLCD President, with whom I served on the JLCD Board. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? No I have not. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have served in many leadership positions with both JLCD and Curlew Creek Elementary PTA. I have also worked closely with the City of Clearwater road signs and safety department after my son was hit by a car on Landmark Drive in 2012. With the city's help, we were able to make the entire Countryside area a safer place to bike, run and walk. I also recently worked with that department once again to change signage near Curlew Creek elementary, making the area safer for both drivers and pedestrians. As a concerned citizen of Clearwater /Countryside, I am very interested in improving our city's roadways and parks. I am a mother of two young children (10 and 8) and our family utilizes the city's parks regularly so feel that I am a good resource person and "eyes and ears" of the community in knowing what is needed to improve the recreational facilities. 4. Why do you want to serve on this Board? It would be interesting and educational to see firsthand what this particular Board does to maintain the city's excellent parks and recreational facilities, and learn what I could do to help keep the high level of equipment and facilities where they need to be to serve our community. Name: Nola Johnson Board Name: Parks and Recreation Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS. must be Clearwater resident) Name: Carmen Santiago Home Address: 2072 Sunset Point Road Unit 125 Clearwater, Florida Zip 33765 Telephone: Telephone: Cell Phone 727 - 608 -0224 Office Address: LEC SW LY i DENtVL`iV S Zip E -mail Address: csantiago228 @yahoo.com How long a resident of Clearwater? I have been a resident of Clearwater for approximately 9 years. Occupation: Clerk of the Circuit Court Field of Education: Political Science Employer: Pinellas County Government Other Work Experience: I have worked as a Child Development Support Worker, Cashier, Bilingual Research Interviewer, Leasing Consultant and Customer Service._ If retired, former occupation: N/A Community Activities: I am a Pinellas County School volunteer as well as a Mentor. I also volunteer with the Clearwater Police Department and I look forward to volunteering with The Clearwater Bar Association which is currently pending. Other Interests: I like to be /get involved with the Community Board Service (current and past): Board Preference: None Parks and Recreation Additional Comments: Signature: Carmen Santiago Date:May 4, 2014 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? My understanding of the board duties and responsibilities is to provide a service to the community by enhancing the parks to invite residents or tourist to the City of Clearwater. The board is also responsibly to inform the City of Clearwater on conditions, improvements and development for the Parks and Recreation of the City. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I enjoy attending the City Hall meeting offered twice a month on Thursdays at 6:00 pm, however I have not observed a board meeting from the Parks and Recreation Department but I have seen Kevin Dunbar attend City Hall Council meeting and inform the Mayor and City Council of the improvements or modification needed for the Parks and Recreation Board. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I feel that I have the qualification to serve in this Board because not only am I a volunteer for the Parks and Recreation I am also involved with a few community organizations that has enabled me to broaden my knowledge of the City. I am also bilingual (in Spanish). I have been an asset to organizations and employers by translating to non - English speaking residents which has help and improved the organizations and employers I have been involved with. 4. Why do you want to serve on this Board? I will love to serve in this Board because I want to see the City of Clearwater become one of the best City's to live in. I feel that the Park and Recreation Board contribute to that. Name: Carmen Santiago Board Name: Park and Recreation Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-139 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.19 SUBJECT/RECOMMENDATION: Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $58,283 and additional 2.7 Full Time Equivalent Position (FTE). (consent) SUMMARY: On May 7, 2014, Clearwater Police Department (CPD) was granted approval by the City’s Resource Management Committee to utilize a $58,283 allocation under the federal Justice Assistance Grant (JAG) program to continue its successful Report Review Team (RRT) Program. The Program was originally launched with funding from the Department’s 2011 JAG grant and continued in 2012 and 2013 utilizing similar JAG funding. The RRT Program was created as a means to increase supervisor efficiency within the Police Department. The RRT Program removes the burden of report review from first line supervisors. Implementation of the RRT Program has resulted in efficiencies for our field supervisors by allowing them to focus on evaluation and supervision of field personnel, employee coaching, community problem solving, and reaching other Department and community goals. The smaller review team has also allowed for greater accountability and consistency in the final work product. The current RRT Program operates under the supervisory umbrella of the Crime Analysis Unit . The team reviews, approves, and disseminates the majority of police reports generated by the Patrol Division, Police Service Technicians , and Crime Scene Technicians to ensure that these reports meet the minimum standards set forth by the Department. Additionally, the team is responsible for the tracking of reports to ensure a timely review and to provide feedback to patrol, and other, supervisors if corrective action is necessary. The 2014 JAG grant will fund the salary and benefits of approximately 1.4 full-time equivalent report reviewer position(s). The RRT Program is based on a maximum of 100 hours per week to be shared among four employees for a total 5,200 hours annually. Based on the Pay Plan and using an hourly wage of $19.96, salary costs for 2,712.5 hours are estimated at $54,142, with benefit costs for social security at $4,141. The total estimated cost of this 1.4 FTE, $58,283, will be funded by the JAG Grant. An additional 2,487.5 hours will be worked by the RRT team for a salary cost of $49,880, and social security cost of $3,816; this represents an additional 1.3 FTEs for the program. The $53,696 for this portion of the program will be funded by the Investigative Cost Recovery project (Special program number 181-99329). The total cost of the program will be $111,979 with $58,283 (or 1.4 FTEs) being funded with Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-139 the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining employee costs of approximately $53,696 (1.3 FTEs) being funded from the Investigative Cost Recovery Project. The total FTEs for the RRT Team project are 2.7. There is no mandatory match for this grant. The $53,696 from the Investigative Cost Recovery Project will be reflected in the grant budget as a voluntary match. There is no retention requirement associated with this grant and the additional positions will be eliminated when grant funding expires. There will be no direct adverse impact to the Police Department operating budget. Because the RRT Program is so successful , it is proposed that subsequent years continue to be funded through the same grant and/or the Investigative Cost Recovery Project, 181-99329. APPROPRIATION CODE AND AMOUNT: The total cost of the program will be $111,979 with $58,283 (or 1.4 FTEs) being funded with the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining employee costs of approximately $53,696 (1.3 FTEs) being funded from the Investigative Cost Recovery Project, 181-99329. The total FTEs for the RRT Team project are 2.7. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-143 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 8.20 SUBJECT/RECOMMENDATION: Approve the Second Amendment to the Contract for Purchase of Real Property by the City of Clearwater for property located at 1140 Brownell Street; and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 20, 2013, City Council approved the Purchase Contract (Purchase Contract) for the City’s purchase of real property located at 1140 Brownell Street. The property lies among city land holdings that are currently under construction for Fire Station 45. The Purchase Contract provided for a closing to occur by January 31, 2014. The contract contained a provision for the closing date to be extended to April 1, 2014 if the seller was unable to find a suitable alternative residence. The property owner exercised the extension option and following diligent efforts , was unable to secure a suitable residence prior to the end of the extension period. At the property owner’s request , Council approved the First Amendment to the Purchase Contract on April 3, 2014 providing for a closing to occur on or before May 16, 2014. To date, the property owner has been unable to find an alternative home. The proposed Second Amendment to the Purchase Contract provides for closing to occur no later than July 18, 2014. All other terms of the Purchase Contract remain unchanged. Construction of the new fire station is expected to be complete in late July. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This SECOND AMENDMENT (“Amendment”) to that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER (“Agreement”), is made and entered into this _____ day of May, 2014, by and between HELEN D. MORGAN, (herein "Seller"), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein "Buyer"), (collectively "Parties"). WITNESSETH: WHEREAS, on December 6, 2013, the Parties entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida, in accordance with the terms as described therein; and WHEREAS, paragraph 9 of the Agreement stipulates a closing to occur no later than January 31, 2014, which may be extended up to 60 days (herein, Extension Period) if Seller is unable to find a suitable residence; and WHEREAS, on April 9, 2014, the parties amended the Agreement at Seller’s request, extending the Extension Period through May 16, 2014 to allow Seller additional time to find a suitable residence; and WHEREAS, Seller has made all reasonable and diligent efforts to find a suitable residence within the Extension Period as amended, but circumstances have arisen which require additional time, and therefore Seller has requested, and Buyer agrees to grant, an extension of the Extension Period through July 18, 2014 which will require closing to occur on or before July 18, 2014; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. CLOSING DATE: This transaction shall close on or before July 18, 2014. Buyer agrees to make a good faith effort to close as soon as possible upon execution of this Amendment. 3. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. The Remainder of This Page Intentionally Left Blank Page 2 of 2 EXECUTED this _____ day of May, 2014 by Seller HELEN D. MORGAN Attest: __________________________________ By: ______________________________ Helen D. Morgan __________________________________ Print Name __________________________________ __________________________________ Print Name APPROVED BY BUYER & EFFECTIVE this _____ day of May, 2014 THE CITY OF CLEARWATER, FLORIDA Countersigned: ________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Approved as to form: Attest: ________________________________ __________________________________ Paul Richard Hull Rosemarie Call Assistant City Attorney City Clerk FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This FIRST AMENDMENT ( "Amendment ") to that certain CONTRACT FOR PURCHASE OF R L PROP 1'JBY THE CITY OF CLEARWATER ( "Agreement "), is made and entered into this 4 day of , 2014, by and between HELEN D. MORGAN, (herein "Seller"), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein "Buyer"), (collectively Parties "). WITNESSETH: WHEREAS, on December 6, 2013, the Parties entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida, in accordance with the terms as described therein; and WHEREAS, paragraph 9 of the Agreement stipulates a closing to occur no later than January 31, 2014, which may be extended up to 60 days (herein, Extension Period) if Seller is unable to find a suitable residence; and WHEREAS, on January 13, 2014, Seller provided written notice to Buyer stating that Seller would exercise Seller's right to extend closing for 60 days as provided; and WHEREAS, Seller has made all reasonable and diligent efforts to find a suitable residence within the Extension Period, but circumstances have arisen which require additional time, and therefore Seller has requested, and Buyer agrees to grant, an extension of the Extension Period through May 16, 2014 which will require closing to occur on or before May 16, 2014; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. CLOSING DATE: This transaction shall close on or before May 16, 2014. Buyer agrees to make a good faith effort to close as soon as possible upon execution of this Amendment. 3. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. The Remainder of This Page Intentionally Left Blank EXECUTED this 27 day of March, 2014 by Seller Attest: 03-2- 0, C)iPikr-‘<5 Print Name HELEN D. MORGAN By: h'4 M Helen D. Morgan 1 APPROVED BY BUYER & EFFECTIVE this qtk day of- , 2014 Countersigned: eteoCke 1\ Cr C\44 George N. Cretekos, Mayor Approved as to form: 4 Paul Richard ull Assistant City Attorney RE13- 1313 - 067/120827/1] Page 2 of 2 THE CITY OF CLEARWATER, FLORIDA By: t4) William B. Horne II, City Manager Attest: Vii, h Rosemarie CaII City Clerk 1140 Brownell COURT ST GOULD ST S MADISON AVE BROWNELL ST E W ING PL S MARTIN LUTHER KING, JR. AVE CHE STN UT S T S WASHINGTON AVE BROWNELL ST EXISTING ASSEMBLAGE FOR FIRE STATIO N 45 Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.287A 15-29n-15w10/10/201 3Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale : PROPOSED ACQUISITION OF 1140 BROWNELL ST FOR FIRE STATION 45 1140 Brownell Potential ROW Vacation COURT ST GOULD ST S MADISON AVE BROWNELL ST E W ING PL S MARTIN LUTHER KING, JR. AVE CHE STN U T S T S WA SHINGT ON AVE BROWNELL ST PROPOSED ASSEMBLAGE FOR F IRE STATION 45 WITH ACQUISITION OF 1140 BRO WNELL Docu ment Path : V:\GIS\Enginee ring\Location Maps\Prop Acqu. 114 0 Brownell_FS 45.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 14-16 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 1 File Type: ResolutionIn Control: City Council Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve correction of Resolution 14-08 by amending Exhibit A to that Resolution to correct scrivener’s error, adopt Resolution 14-16, and authorize the appropriate officials to execute same. (HDA2014-02001) SUMMARY: On April 16, 2014, the City Council adopted Resolution 14-08, which approved a First Amendment to Development Agreement between the City of Clearwater and Clearwater Grande Holdings, LLC. The First Amendment allocated an additional ten units from the Hotel Density Reserve under Beach by Design, and therefore should have contained language in Section 3, conforming the total number of referenced units in the original Development Agreement to reflect the new total number of units (181). This corrective First Amendment to Development Agreement accomplishes that purpose . APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/14/2014 Resolution No. 14-16 RESOLUTION NO. 14-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA CORRECTING RESOLUTION NO. 14-08 BY AMENDING EXHIBIT “A”[FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CLEARWATER GRANDE HOLDINGS, LLC] TO THAT RESOLUTION IN ORDER TO CORRECT A SCRIVENER’S ERROR; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 8, 2013, the City of Clearwater entered into a Development Agreement with Clearwater Grande Holdings, LLC; and WHEREAS, on April 16, 2014 the City of Clearwater adopted Resolution No. 14-08, approving a First Amendment to Development Agreement between the City of Clearwater and Clearwater Grande Holdings, LLC;and WHEREAS, said First Amendment should have contained language in Section 3. thereof to conform the total number of referenced units in the original Development Agreement between the parties in order to reflect the new total representing the addition of ten (10) units from the Hotel Density Reserve; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The corrected First Amendment to Development Agreement between the City of Clearwater and Clearwater GrandeHoldings, LLC, a copy of which is attached as Exhibit “A”, is hereby approved, and Resolution No. 14-08 is hereby corrected to reflect said change. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the corrected First Amendment to Development Agreement to the state land planning agency no later than fourteen (14) days after the corrected First Amendment to Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Return to: City Attorney’s Office City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 First Amendment to DevelopmentAgreement THISFIRSTAMENDMENT toDEVELOPMENT AGREEMENT (“First Amendment”)is datedthe 15th day of May,2014and entered into between Clearwater Grande HoldingsLLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof (“City”). Recitals: WHEREAS, Sections 163.3220 -163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the City and Developer entered into a Development Agreement dated August 8, 2013and recorded at Official Records Book 18118, Page 691in the public records of Pinellas County (“Development Agreement”); WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units (“Hotel Density Reserve”) to be made available for such mid-sized hotel projects; and WHEREAS, the Development Agreement provided eighty (80)units from the Hotel Density Reserveto the Developer to be utilized on 1.43755acres of real property (as described in the Development Agreement as “Property”);and, WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150units per acre;and, WHEREAS, the Developer requests an additional ten (10)units from the Hotel Density Reserve to increase the number of units from the Hotel Density Reserve to ninety (90) and provide for 181total overnight accommodations on the Property;and, WHEREAS, upon completionof the project contemplated in the Development Agreementas amended by this First Amendment,the existinghotel will contain its existing 91 units and the new planned hotel will contain 90unitsfor a total of 181 overnight accommodations, which includes ninety (90) units from the available Beach by Design Hotel Density Reserve(“Amended Project”); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and WHEREAS,the City has determined that, as of the Effective Date of this First Amendment,the proposed project is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS,the City has conducted public hearings as required §§4-206 and 4- 606 of the Community Development Code; and WHEREAS, at a duly called public meeting on April 16, 2014the City Council approved this First Amendmentand authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan associated with the Agreement pursuant to FLD2011-05019, as modified through the minor amendment process on February 25, 2014 (“Site Plan”); WHEREAS, the Owner has requested approval of a further modified design in contemplation of the additional ten (10) units pursuant to FLD2014-03007; and, WHEREAS, Developer has approved this First Amendmentand duly authorized certain individuals to execute this Agreement on Developer’s behalf. STATEMENT OF AGREEMENT NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Number of Hotel Density Reserve Units Allocated. Notwithstanding anything contained in the Development Agreement to the contrary, section 6.1.5 and all references to the number of units allocated by the City pursuant to the Hotel Density Reserve in the Development Agreement and its attachments shall be amended to ninety (90) unitsand all references to the total number of units on the Property shall be amended to one hundred eighty one (181) units. SECTION 4.Parking. Section 4.2 shall be deleted and replaced to read as follows: The Project shall include 218parking spaces, as defined in the Community Development Code, of which 211will be provided by a parking garage with 7 additional surface spaces being provided adjacent to the parking garage. The parking garage, its accesses, and the surface spaces will be shared with the existing adjacent Quality Hotel site and contains sufficient parking for both hotels. (See 6.1.4) SECTION 5.Approvals. Notwithstanding anything to the contrary contained in the Development Agreement, including section 6.1.3.2, the Owner shall receive site plan approval for the Amended Project within one year of the effective date of this First Amendment. SECTION 6. Ratification. Exceptas specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. IN WITNESS WHEREOF, Developer has caused this First Amendmentto be executed this ___ day of May, 2014. In the Presence of: Clearwater GrandeHoldings, LLC ____________________________________________________________ Print Name: ____________________Stephen Page, as Manager/Member ______________________________ Print Name: ____________________ As to "Developer" CITY OF CLEARWATER, FLORIDA ______________________________By:______________________________ Print Name: ____________________William B. Horne II, City Manager ______________________________ Print Name: ____________________ As to "City" Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ George N. Cretekos, Mayor Approved as to Form: _________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me the ____ day of April, 2014, by StephenPage, as manager of Clearwater Grande Holdings, LLC, a Florida limited liability company. He is [ ] personally known to me or has [ ] produced __________________________ as identification. ________________________________ Notary Public Print Name: ______________________ My Commission Expires: Return to: City Attorney’s Office City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 First Amendment to DevelopmentAgreement THISFIRSTAMENDMENT toDEVELOPMENT AGREEMENT (“First Amendment”)is datedthe 15th day of May,2014and entered into between Clearwater Grande HoldingsLLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof (“City”). Recitals: WHEREAS, Sections 163.3220 -163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the City and Developer entered into a Development Agreement dated August 8, 2013and recorded at Official Records Book 18118, Page 691in the public records of Pinellas County (“Development Agreement”); WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units (“Hotel Density Reserve”) to be made available for such mid-sized hotel projects; and WHEREAS, the Development Agreement provided eighty (80) units from the Hotel Density Reserveto the Developer to be utilized on 1.43755acres of real property (as described in the Development Agreement as “Property”);and, WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre;and, WHEREAS, the Developer requests an additional ten (10)units from the Hotel Density Reserve to increase the number of units from the Hotel Density Reserve to ninety (90) and provide for 181total overnight accommodations on the Property;and, WHEREAS, upon completionof the project contemplated in the Development Agreementas amended by this First Amendment,the existinghotel will contain its existing 91 units and the new planned hotel will contain 90unitsfor a total of 181 overnight accommodations, which includes ninety (90) units from the available Beach by Design Hotel Density Reserve(“Amended Project”); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and WHEREAS,the City has determined that, as of the Effective Date of this First Amendment,the proposed project is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS,the City has conducted public hearings as required §§4-206 and 4- 606 of the Community Development Code; and WHEREAS, at a duly called public meeting on April 16, 2014the City Council approved this First Amendmentand authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the designand site plan associated with the Agreement pursuant to FLD2011-05019, as modified through the minor amendment process on February 25, 2014 (“Site Plan”); WHEREAS, the Owner has requested approval of a further modified design in contemplation of the additional ten (10) units pursuant to FLD2014-03007; and, WHEREAS, Developer has approved this First Amendmentand duly authorized certain individuals to execute this Agreement on Developer’s behalf. STATEMENT OF AGREEMENT NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Number of Hotel Density Reserve Units Allocated. Notwithstanding anything contained in the Development Agreement to the contrary, section 6.1.5 and all references to the number of units allocated by the City pursuant to the Hotel Density Reserve in the Development Agreement and its attachments shall be amended to ninety (90) unitsand all references to the total number of units on the Property shall be amended to one hundred eighty one (181) units. SECTION 4.Parking. Section4.2 shall be deleted and replaced to read as follows: The Project shall include 218parking spaces, as defined in the Community Development Code, of which 211will be provided by a parking garage with 7 additional surface spaces being provided adjacent to the parking garage. The parking garage, its accesses, and the surface spaces will be shared with the existing adjacent Quality Hotel site and contains sufficient parking for both hotels. (See 6.1.4) SECTION 5.Approvals. Notwithstanding anything to the contrary contained in the Development Agreement, including section 6.1.3.2, the Owner shall receive site plan approval for the Amended Project within one year of the effective date of this First Amendment. SECTION 6. Ratification. Exceptas specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. IN WITNESS WHEREOF, Developer has caused this First Amendmentto be executed this ___ day of May, 2014. In the Presence of: Clearwater GrandeHoldings, LLC ____________________________________________________________ Print Name: ____________________Stephen Page, as Manager/Member ______________________________ Print Name: ____________________ As to "Developer" 5054011v1 CITY OF CLEARWATER, FLORIDA ______________________________By:______________________________ Print Name: ____________________William B. Horne II, City Manager ______________________________ Print Name: ____________________ As to "City" Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ George N. Cretekos, Mayor Approved as to Form: _________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me the ____ day of April, 2014, by StephenPage, as manager of Clearwater Grande Holdings, LLC, a Florida limited liability company. He is [ ] personally known to me or has [ ] produced __________________________ as identification. ________________________________ Notary Public Print Name: ______________________ My Commission Expires: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-029 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 2 File Type: AppointmentIn Control: City Council Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Appoint Nicole St. Clair as the Public Housing Resident member to the Clearwater Housing Authority for an unexpired term through September 30, 2017. SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Deborah Woodard MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER RESIGNED AS THE RESIDENT COMMISSIONER REPRESENTATIVE AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: Jan Ellen Moss - 1102 S. Missouri Ave., Apt. 311, 33756 - Original Appointment 9/3/09 Received letter of resignation 4/22/14 - (was serving 2nd term to expire 9/30/17) THE FOLLOWING CITIZEN WAS RECOMMENDED BY CHA AND HER APPLICATION IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY AS THE RESIDENT COMMISSIONER REPRESENTATIVE: 1. Nicole St. Clair - 1760 Clearwater Largo Rd. #1204, 33756 - Management Organizational Leadership Zip codes current members on board: Page 1 City of Clearwater Printed on 5/14/2014 File Number: ID#13-029 2 at 33761 1 at 33764 1 at 33767 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) t Name: ,(7)1e.,' c1 /e ; C i Home Address: Office Address: 1-7M ( l-a.)z-i-- L.. r1D 2d , lame, V Zip Zip Telephone: Telephone: Cell Phone: -7,17 TV' « E-mail Address: How long a resident of Clearwater? -3et.,.. 5 Occupation: fl /i4 Employer: Field of Education: Other Work Experience: gaci e / - de.5 r"e rn Al cIc ..-.7- p If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Board Preference: vGun-I -ems- Additional Comments: Signed: eflbe.62-e_e_ -574. C-eta--- Date: 4/— /s "= / 5L' See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? e. , a -0/ ,'ie .-r-1 l .r- vc2ies' e7 t 5"-S61-4* .s 2 itye ' 61/c) --Se. 77/ 17 a- / /-2-r.e-,--/-7 C6r7t---A-40, D s /— add--(-744)-7 8 aa-rd 77'W"n -6eds frame 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? J-av c5 Foy (it 5 it/c - 7tn 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? p&p/ - pe'/2 k-e )--ea--4 c . 7u,/r -/z -/ se, //, 4. Why do you want to serve on this Board? L t,da 142 G%(/ - e z).0 -7, r7a., 2T Aa v b• , r,1 a-#-7 . 'rr - Name: M LC4)1 e. iv- Board Name: 7C 1 ttly 10 ,,,c5r\+ arSi4 tss NICOLE ST. CLAIR 1760 Clearwater Largo Rd #1204 • Clearwater, FL 33756 • (727) 902 -9464 • nicolest.clair255 ct yahoo.com Profile Summary Accomplished and dedicated business professional with over 3 years of experience implementing and, supporting all functions of research projects in Financial and Human Resources departments. I'm flexible and versatile in demonstrating the ability to transcend bridge cultural differences. EDUCATION ST. PF.TERSBI.JRG COLLEGE — Clearwater, FL Bachelor of Applied Science in Management and Organizational Leadership May 2012 Graduate May 8, 2012 KEY SKIT. i S Identifying problems and finding solutions within the guidelines and roles of the company Highly detail oriented with great time management skills File Net System Organizing, Planning, and Prioritizing Work Fortuna Microsoft Office(\`tlord, Excel, Outlook), Internet Self- motivated Teambuilding & Team Player Critical Thinking Fluent written and verbal communication PROFESSIONAL EXPERIENCE Universal Health Care St. Petersburg, FL Seasonal Enrolhnent Specialist (Contractor) October 1, 2012 - December 14, 2012 Process Chronic Special need plan for eligibility in order to continue coverage Compile, sort and verify the accuracy of data before it is entered into Fortuna database Locate and correct data entry errors, or report them to supervisors Other duties as assigned Bank of America Greensboro, NC Research and Adjustments Representative /Support Specialist II1 August 2006 July 2009 Approved or decline lower interest rates for clients based on eligibility terms Researched and resolved both internal and e ternal inquires pertaining to customer account eligibility for the SCRA benefit Servicemembers' Civil Relief Act) Answered all SCRA-related requests and inquires both by email and phone originating from customer assistance concerning customer account questions 1 Researched credit balances on customers' post- charge off transactions to ensure bank was in compliance with policies and regulations Examined city directories and public records in order to verify residence property ownership, bankruptcies, liens, arrest record, or unpaid taxes of applicants. Calculated, reviewed, and corrected errors on interest, principal, payment, and using computers or calculators Retrieved statements to investigate customer account histories which helped determine as to whether or not any funds were refundable Documented accounts to include all necessary customer services Nuvell Jacksonville, FL November 2001 - November 2005 Data Entry Clerk/ Human Resources Assistant Managed the accuracy of information being entered into the APPRO system Routed and directed incoming phone calls Ensured applications received were inputted into the system in a timely manner Assisted Human Resource Manager with a multitude of daily tasks Assisted in extended assignments through researching personnel and volunteer inquires Addressed employee relations' issues, such as harassment allegations, work complaints, or other employee concerns. June 2000 -May 2001 Citibank Tampa, FL Cash Processing Specialist Initiated foreign currency movement for Latin American and European countries. Prioritized incoming work for processing and filed the completed daily work. Conuniunicated accurately and timely with internal bank officers, relaying the details of any transactional errors. June 1999 -Sept. 2000 Equifax St. Petersburg, FL Claims Processing Entered returned check information into an internal data system to allow the processing of credit records. Updated and maintained data for store batches regarding customers who have NSF check returned. Input data for store batches, accurately updated merchant information such as store and market detail. Proofread bank error codes or rejected rationales on returned checks. COMMUNITY INVOLVEMENT November 2011 -May 2012 - Treasurer , Women on The W.ay St. Petersburg College AWARD &RECOGNITIONS august 20, 2008 Recognition for Customer Delight on SCRA( Servicemembers' Civil Relief Act)accou nts June 25, 2009 Recognition for commitment to Trusting and Teamwork for project related. LANGUAGES English American Sign Language Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 14-18 Agenda Date: 5/15/2014 Status: Consent AgendaVersion: 2 File Type: ResolutionIn Control: City Council Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve changes to City Council Rules and adopt Resolution 14-18. SUMMARY: At the April 14 work session, it was suggested that consideration be given to moving the Consent Agenda earlier in the council meeting . Staff is suggesting the Consent Agenda be placed after Citizens to be heard regarding items not on the agenda, but before public hearings. Staff is also recommending adding a Presentations category after public hearings , which will be reserved for government agencies or groups who are providing formal updates or requests to Council. Special recognitions and awards would remain at the beginning of the meeting and would be reserved for Proclamations, service awards, and other special recognitions. During the same meeting, a suggestion was made regarding opening closing comments by the Mayor to Councilmembers. Comments would be limited to three minutes. Currently the Mayor closes the council meeting reviewing upcoming and recent events. At the April 28 work session, it was suggested that Rule 8, Debate of Motions, Tie Votes, be amended to clarify how Councilmembers may end debate. Interactive discussion between Councilmembers on an agenda item may be ended at any time by a motion to call the question. During the May 1 council meeting, Councilmember Bill Jonson submitted the following change for council consideration: add a subsection to Rule 6, Order of Business, to reflect the agenda outline for council work sessions: A.Presentations B.Departmental Review of upcoming council agenda items C.City Manager Verbal Reports D.City Attorney Verbal reports E.Council Discussion Items (agendaed via City Manager) F.Council Sub Committee Reports (if any) G.New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 5/14/2014 File Number: 14-18 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/14/2014 Resolution No. 09- RESOLUTION NO. 14-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; AMENDING RULE 6, MOVING THE CONSENT AGENDA IN THE ORDER OF BUSINESS, ADDING SECOND READINGOF ORDINANCES, PRESENTATIONS AND CLOSING COMMENTS BY COUNCILMEMBERS TO THE ORDER OF BUSINESS; AMEDNING RULE 8, CLARIFYING HOW COUNCILMEMBERS MAY END DISUCSSION OF AN AGENDA ITEM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council desires to amend the rules to facilitate efficient meetings; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.Rule 6, Council Rules, is amended as follows: RULE 6 ORDER OF BUSINESS A.Invocation B.Pledge C.Special recognitions and awards (Proclamations, service awards, or other special recognitions) D.Minutes of previous meetings E.Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F.Consent Agenda FG.Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Resolution No.14-182 Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents furtherevidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. Second Reading of Ordinances 1.Public comment. See subsection (3) below regarding time limitations for speakers. All time limits may be extended upon request,and upon approval of request by majority of City Council. G.Consent Agenda H.City Manager reports.Presentations (by government agencies or groups providing formal updates to Council) I.City Attorney reports.City Manager reports. J.Council Discussion Items (work session only). City Attorney reports. K.Other Council action (if agendaed from work session).Council Discussion Items (work session only) L.Closing comments by Mayor.Other Council action (if agendaed from work session) M.Closing comments by Councilmembers (limited to 3 minutes) N.Closing comments by Mayor. Section 2. Rule 8, Council Rules, is amended as follows: Rules 8 Debate of Motions, Tie Votes Council may discuss an agenda item after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion on the itemto call the question. Resolution No.14-183 *** Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote on the previousto call thequestion is called forpasses. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk 2014 -05 -15 Move to amend Resolution 14 -18 By inserting at the end of Section 1 and before Section 2 the following: The order of business for a worksession meeting shall ordinarily be: a. Presentations b. Departmental Review of upcoming Council Agenda Items c. City Manager Verbal Reports d. City Attorney Verbal Reports e. Council Discussion Items [agenda via City Manager. f. New business [items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1 paragraph (2)1 And inserting into the Resolution Title before the words "Amending Rule 8 ": ADDING THE ORDER OF BUSINESS FOR A WORKSESSION MEETING;