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06/19/2014Thursday, June 19, 2014 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda June 19, 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. Special recognitions and awards (Proclamations, service awards, or other special recognitions) 4.1 Service Awards 4.2 End of Session Report - The Honorable Larry Ahern , Florida House of Representatives 4.3 Clearwater Regional Chamber AchieveHERs - Diane D. Stein, Member 5. Approval of Minutes 5.1 Approve the minutes of the May 15, 2014 and the June 4, 2014 City Council Meetings as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. Council questions on these items were answered prior to the meeting. Each Councilmember may, however, defer any item for added discussion at a later time. Page 2 City of Clearwater Printed on 6/17/2014 June 19, 2014City Council Meeting Agenda 7.1 Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec . 175.061 of the Florida State Statutes. (consent) 7.2 Approve Architect of Record (AOR) contracts with seven firms, as listed, for a period of five years commencing June 20, 2014 and authorize the appropriate officials to execute same . (consent) 7.3 Award a Contract (Purchase Order) for $163,520.00 to Don Reid Ford of Orlando, FL, for eight 2015 Ford Taurus sedans , in accordance with the Florida State Contract 071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an inter fund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same . (consent) 7.4 Approve settlement of workers’ compensation claim of Mr . Richard DeBord, for payment of $220,750, inclusive, and authorize the appropriate officials to execute same. (consent) 7.5 Request for authority to appeal an order denying the City’s Motion for Summary Judgment in the case of Sarita Merricks v. City of Clearwater and Jeffrey Adkisson (Case No. 8:12-cv-01805-EAK-AEP). (consent) 7.6 Award five-year contracts (purchase orders) to Aquagenix/DeAngelo Brothers, Inc in the amount of $308,378.25 for pond and channel maintenance and to Lake and Wetland Management for mitigation site maintenance in the amount of $285,695.85 and authorize the appropriate officials to execute same . (consent) 7.7 Authorize filing of a lawsuit against defendants to include the estate and heirs of deceased City of Clearwater employee Mitchell Arnold , to effect the distribution of monies currently being held by the City, and authorize the appropriate officials to execute same . (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 3 City of Clearwater Printed on 6/17/2014 June 19, 2014City Council Meeting Agenda 8.1 Approve a Development Agreement between Mainstream Partners VIII , LTD (the property owner) and the City of Clearwater, providing for the allocation of 96 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-19, and authorize the appropriate officials to execute same . (HDA2013-08005) 8.2 Approve a Development Agreement between Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview LLC (the property owners) and the City of Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-14, and authorize the appropriate officials to execute same . (HDA2014-04002) 8.3 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 1234 Palm Street located on the north side of Palm Street, approximately 550 feet east of Douglas Avenue ; and pass Ordinances 8567-14, 8568-14 and 8569-14 on first reading. (ANX2014-04008) 9. City Manager Reports 9.1 Amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at midyear and pass Ordinances 8571-14 and 8572-14 on first reading. 9.2 Authorize the negotiated sale of not to exceed $5,475,000 Gas System Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-20. 9.3 Authorize the negotiated sale of not to exceed $5,500,000 Stormwater System Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-21. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 4 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-240 Agenda Date: 6/19/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Service Awards SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-239 Agenda Date: 6/19/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: End of Session Report - The Honorable Larry Ahern, Florida House of Representatives SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-248 Agenda Date: 6/19/2014 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and awards (Proclamations, service awards, or other special recognitions) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Clearwater Regional Chamber AchieveHERs - Diane D. Stein, Member SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 chieveNE °s CLEARWATE R BEACON Women in business invited to connect fly ALEXANDRA UNBAR'. f: E RIA'ATER - Women m business are joining forces In the pater Clearwa- ter area, sharing their stories. experi- ences. ideas and advice. The Clearwater Regknnd Chamber of Commerce has started the AchkrellERS women's net - working group that currently ks open to women in the public. the AchievellERS was founded be- ause we did a survey and a remarkable number of Mtstness women to the Chamber saw the need for a women's gnus that (-art really exchange ideas. in spire people and share stories of suc- cess.' saki Trhta Telni. founder and chairwoman of AchievellER.S and vice president of ProVise Mar agnne t Group. The number one thing that kept res onatirtg was they wanted to learn from other business woollens successes but also the things that they've been throe teh the hardships. trials and things that coax up in everyday business and how they solved those probie s.- Over the last Iota years. the chamber has been Trying to find better ways to reach out to woernen business (cadets. said Bob Clifford. president of the chant- tier. CONarCT• from page 1 A Obviously it you look at the statisti:ai information that s ay.dable. women are becoming touch more prominent in the busbxss wind.' Clif- ford said. '... As we watch this shift in leadership change from the mate dominated world of CEOs mat president, 1 think it was a clear sig. nal that ow needed to provide softie type of program that would assist the existing female tnrslness leaders as well as create an opportunity for the aspiemg Totmg mama in business to be able to experi- ence the types of opportunities that are out there for ttronrn at business' Clifford added that there are a number of women in the Tampa Bay area at the helm of major companies as well as lead- ing companies that are traditionally male- dominated businesses. such as construction companies and a igows ng tastes. Before starting the group. Teruel inter- viewed many women business leaders from Clearwater. St. Petersburg and Tampa to find ad what they wanted to get out of a women's group. ina leveret Rrgionad Chamber of Commerce and the wanwn al e to find out more dawn desires and steeds tier E dktgs echoed awn' of the things that Teaet lomel. We found out that women warned a Strum for women to share their experencrs nn business.- Helms said 'what we run up want. how we sofa certain mahatma_ and shartng these !aeries in the same industry and in other ildnsines to see how we tan apply It to our inn undustry - Helms saki that women and then asp ,Ito os and emocrns let bosons' an• finally getting roue entered, and ties group tn help came up web eetaol applicable sohs10110 to wont of the problem. women Gat. Wcwtenl hare a significant presence m busuwa - tor instant.: en small tanarimmnew women are the biggest hiring tore trod m pollee etwnpankos she said. She hopes that the group rut help 10e11e tlnialm, that wrmem tan start to Implement m their businesses owl establish programs n ant Metes that help women le o ne doekoped m business and mondhn i. more to the etowrmty while Will being ahk In halm.. raising a lardy. The AdtineHERS logo. Anon 1 laud was a rentarkabte mxnn her of personal stones that women still want to anted to each other and tram from each other:' Tenet mkt For maniple. Terri said sex tallied to thief txeruthe nhfkrr who is aFl in re- tae from a foundattat and she al/meetly wanted sonw(nte who she mild pick up the phone and call in the noddle of the right with a business pueblo. Just a network of strong, women mentors. Ten- ts said slrc wants that. loo. All of rm' memos thmug wed both of my careers. both as a Vs new reporter fr. 12 }ears and as a i narxial planner. they have all been men.' Tenret said. And it's thanks to them that I am where I am today. On the other hard. row. es- pecially in This male dominated industry of financial planning.) I see more and Cmktrd recognises that wooed, stilt toe challenges in the work Imre 1 think there is cooern net there about acceptance.- C'lt6art said in certain segments of the business eommunm'. there es W>B some skepticism of women teats ahk to kart t chalk that is Mori - swatted . Herr as the chamber. an team here is merksoouraly k mak They do an atosolutely spectacular it in Min thew do. -and our want to be Mk to shy them 0ppetunnles beyond what they May canrentdr he doing my mos hvr :.wpiratbxn 10 lead. and we want to be able to aitvrd theta an r4potatty to cloche itaimns stressed nut air group w open to ail women in t411 testis of business. nes )use those who hare me bed ode top. Tenet sax) she has already heard from ouzo,., m all ieoris a totsna'.s•:: Who 010,0 to yin. and she welcomes everyone at the area 10 gr1 nn010011 N you look at ter titembetsttip of the group. Its m.vc phenoute mdly powerful women who tame started tho:c Ocala dncsuass or (Mk e0Tnmely courageous kaps of lash m iraiktnote• mak dominated bids,' Treed sand. "For nuance, Doren DlILSkb has an eaten, ty shrr awful casaertrtion company. Card Hagg led a kw firm aril Awned down; that way huts when law fan. were Awed completelyletely JOT PUBLIC RELATIONS leray_ courtesy at 1INA TENRET more female clients saying. '1 want to work with a woman.' Tt really held to work with a woman.' So 1 think that btasmesswomen are telling us that they really want to kanl from tune struggles that other women have been through." These issues could be anything from par to tie work/life balance, site said Karla. Jo l feints. CEO of JoTo PR and the PR chairwoman of Arhhe eHERS added that breaking through the glass ceiling is a mop concerti for women she bas talked. to Clifford said he (mows the glass ceil- ings are still out time anti teed to be ad- dressed. and he thinks a good step ds bh join Bates and ideas it l Achiey'ekiERS. Helms did a market research study on the demographics of the Clearwater See CONNECT, page 4A leak. Going don the last. nartara McCarthy mass one of the most atweneibil companies oth m0115* lwoudls - Sol Co rvq Gran- o And she and her ester started that nom akdr. Now you twee a wen Cowry Cleaners on every bkwk -- Teu'rn mrolty spoke With a woman who gust interviewed at a ink known taw firm and nary partner there was male 1 toms there are these extremely scwtvssfis entrepreneurs wiio ham biased a trail. and yet there are sea others who are still tom n5 up and saying. Where are all the seamen aowtnd one, Tenon saki Torn me nwam strong natters en business now. Mu Tetret said n rs atsn napalms 10 mature the future geh1e1.1(1011 d woos. lead CPS as well. dlpll 0,00 rtrmil rstOp to /whieseitEILS . tree. Terre* said. and aver tie tsl vend to be a member el the ('header d Cateveetre to pa ic:pee. The .group w'N nardmate speakers to cato• an and tali( on rw0 w}%s. dad Jere will loo aai,o1s events, sin a1Kl. People axe tn>r't 1 t 0 tdee- the group's Fattdwok page at stem Cacrtxok own/ awtu eh ens and find them on dinkeddn For more otornlafkxh. eon- tart Tearer at Ain -9022. est. 2'22 or tetuelisprewise env 7k,_chieveHEF:s FLORIDA'S NEWSPAPER FOR THE C-SUITE Cibserver imunder40 Tina Tenret, Clearwater Vice President and Certified Financial Planner, ProVise Management Group When award-winning investigative journal- ist Tina Tenret was 29 years old. she made a ma- jor career change. The move was spurred by her mother's suicide. a shocking tragedy that made Tenret rethink the importance of her news career. Her mom. like many women, was constantly full of financial worry," according to Tenret. Her fears surround i ng finances only worsened when she got a divorce and didn't know how to navigate the job market after 20 years as a stay-at-home mom. With a desire to help other women like her mom. Tenret went back to school to become a certified financial planner. She then joined Pro- Vise Management Group. accepting a salary 10% less than her other offers, because she says she admired the firms ethics. Today. ProVise provides full financial planning services managing about $800 million for 750 clients. lenret assists about 100 clients. whose in- vestaW assets range from S250.000 to S2 million. She specializes in helping women who are divorced or widowed, who oftentimes have the JOT PUBLIC RELATIONS same "bag lady syndrome," or fear of being put out on the street, that pained her mom. 1 want to put that fear to rest," Tenret says. She a Ise enjoys working with same-sex couples, for their financial planning involves unique is- sues not present in other families. 'Ibis summer the Wall Street Journal published an article on Tenret's work with a same-sex couple who hired her to determine if they could have one parent become a stay-at-home dad. Tenret believes her background in journalism has helped her better understand her clients' needs, -You know what questions to ask to get to the heart of the matter." she says. I rot year, the president of the Clearwater Re- gional Chamber of Commerce asked Ten re* to launch a women's executive leadership group. AchievellERs. At first, Tenret didn't see the need. But once she started meeting with women in the community. she realized "many phenomenally successful women still have a crisis of con fi nee she says. Ihici 5ickfillan Beach FLORIDA'S NEWSPAPER FOR THE C-SUITE Cibserwr NOVEMBER 15 - NOVEMBER 21, 2013 1 BUSINESS OBSERVER out r tH, office I Inspiring women Hundreds of Tampa Bay businesswomen convened BusinessObserverFL com HEIDI KURPIELA I i77)NTPIRIFITIR honored in Clearwater Nov 7 at Ruth Eckerd Hall for the inaugural AchieveHERs luncheon. Keynote speaker FAWN GERMER, tour-trnie Pulitzer nominee and author of 'Hard Won Medoff!" SUSAN FIOLSTON. CEO of Big Brothers thg Sisters of Pinellas County and BARBARA INMAN, CEO of Habitat for Humanity of Pinellas County DOREEN HOCK-DIPOUTO. Clearwater council merriber. SUZY SOFER, Bellew" Bluffs COMMISsioner. AMANDA FISHER. vice president of development at Morton Plant Meese Foundation and HEATHER GRACY, Dunedin com- nitISStOner Panelists HOLLY DUNCAN, president emeritus al Morton Plant Meese Foundation and JUDY MITCHELL, former president of Peter Brown Construction DIANE D. STEIN. president ol JoTo Public Relations. BROOKE BOCCACINO, vice president of membership at Clearwater Regional Chamber of Commerce and KARLA JO HELMS, CEO of JoTo Public Relations HILDA DENNISON, creative strate- gist at TQ2 Creative Marketing and LINDA HARTLEY, shareholder at NM Ward Henderson JOT LAUREN VONDERALi cornmerctal JEANIE RENFROW, senior vice adviser at HUB Iniematioral Ekweria president al USAmeriBank and and JENNIFER RABON. personal KATHY RABON. chief development sales adviser HUB Internatonal Florida officer at Ruth Eckerd Hall PUBLIC RFLAT ieveHEs Clearwater & North Pinellas Times Business digest t—senEK, a new group on women in business. was recently added to the Clear - water Regional Chamber of Com- merec's 2013 rang}: bluest on the opin- ions of more than 100 of its female mem- bers lenardinR women In busl- nes. The gronp is chaired by TbraTenret, certified finan- cial planner al PmVise Manage went Group. LW, Rnret was appointed by the chambers president and chair- man, Bob Clifford, who said. Thu.. project is the nest aign fi- rant initialise that the CR('t has undertaken in the part 15 year. AchicveHElls will be a regional leader providing suppion and NOVA SIMLA abenll m tnreepethay c are opportunity to established women in business and those aspiring to lead." Thr new group's first market study Bob Clifford indicated that leads the a majority of Clearwater the chamber'% Regional female mem- Chamber. bership felt ass,starwe was needed oo bow to shatter du-glass coring. A gender pay gap still exists. It has improved .surer the 1970s, when w,mnens pay was rid per- cent of men's. but has remained unchanged since 2006 at 77 per- cent, according to statistics at tionwn mBusinesseu,n. On the upside, Womenabie, rimearet, program and policy ctevelopinent consultancy, esti- mates that as of 2013 there are more than tin million women - owned businesses in the united States generating more than $LZt militia in revenues and employ- ing ninety 7Jt tnhihon people. In addition to Teruel. Achieve - WERs founding atmunitive ntem- bers include Ernestine Bean, vice president of development. Morton Plant Mease Founda- tion; Sheryl Conrad, partner. Connelly, }rids. Carlisle & Melt ills Insurance Agency. Doreen D1Pu Ito, owner, IT -Mar Con- tracting; Carol Hague, COO, Johnson. Pope, tloker. Ruppel and Burns; Karla Jo Helms, CEO. JoTo PR: Naney I.ong- stteth, director of sates are mar- keting. Wyatt Regency Clearwa- ter Beach: Barbara McCarthy, owner and founder, Sun Coun- try Cleaners: Caries Petersen, former (lr":uwater City CWmelt member: Katy Planamenta, owner and founder. Supertly Digital: Stephanie Schlageter: owner and founder, Radiance Medspa; Melissa Sebum, com- munity mlations manager. Duke Energy: and Diane Stein, pres- ident, JoTn PR. AcltieveIlEl(s well use the mar- ket research findings to deliver events. educational forums and networking meetings to the chambers female members based on their priorities JOT PUBLIC- RELATIONS The Thorn Collection of Colds well Banker Residential Real Estate has been named to the exclusive NRTTop 1001leams for the first quarter of 20th Sleecial¢in.: in waterfn.ei homes and he: ry properties the Thorn Col- lection cifCald- well Banker Residential Real Estate is the No. 1 real Martha estate team in Torn says West. Central innovative Florida,achiev- ideas fueled ing more than success. 488 million in sales for the period. it is with extreme plea- sure that 1 congratulate Mar - thaThorn and the Thorn Col- lection on runs. again achieving the great honor of being named to NRYs 1bp 100 Teams in the United States for the first quar- ter of _rota, said Asa F. Bln- meaeranz, managing broker for Coldwell Banker Residential Real Estate in Belkair Bluffs. We are very proud to he in such a select group; said 111nrn. "Our innovative Internet leas have beeped us achieve continued suer^ess selling prop- erties throughout the lampa Bay area." NRT is the largest residential real estate brokerage company in the country with a nation- wide network of 1,400 real estate teams united by a common vision, mission and set of guid- ing principles. Send &u n.f. netts to soar &al a Heaps Bay Titers. U30(Irvelwsd Se, Suite ton A, (7eararatr. FT. 3Z45;-Frtrlo(' 27) 4414119 :orentail nandf5j hnnprlavi'rr', +a Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-250 Agenda Date: 6/19/2014 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the May 15, 2014 and the June 4, 2014 City Council Meetings as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/17/2014 City Council Meeting Minutes May 15, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, May 15, 2014 6:00 PM Council Chambers City Council Page1 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson and 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 in research, items are listed in agenda order although not necessarily discussed in that order. UNAPPROVED 1. Call to Order - Mayor George Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Fr. Bob Swick from Ukrainian Orthodox Church 3. Pledge of Allegiance - Councilmember Jay Polglaze 4. Presentations - Given. 4.1 AHEPA Day Proclamation, May 18, 2014 - Gus Pantelides, AHEPA President 4.2 Poppy Days Proclamation, May 24-25, 2014 - Gi Gi Janesik 4.3 Safe Boating Week Proclamation, May 18-24, 2014 - 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, May 18-24, 2014 - Assistant Fire Chief Joseph Connors 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 Page2 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 4.8 TBARTA Presentation - Bob Clifford Mr. Clifford provided a PowerPoint presentation regarding recent accomplishments and future plans for the Tampa Bay region. 5. Approval of Minutes 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. Councilmember Jonson moved to approve the minutes of the May 1, 2014 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. It was stated the City Clerk corrected a few scrivener's errors found in the minutes for the April 21, 2014 Special City Council Meeting; copies were provided to Council prior to the meeting. Councilmember Jonson moved to approve the minutes of the April 21, 2014 Special City Council Meeting as amended by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Corina Morrison and Wade Clark invited Council to the Martin Luther King, Jr. Neighborhood Center fundraiser on May 24, 2014 and the neighborhood meeting on Tuesday, May 20 at 7:00 p.m. 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) 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 Page3 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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 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 Page4 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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 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 Page5 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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 • 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. Page6 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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. Planner Mark Parry said staff has not received any new information from the Applicant since the work session. It was stated that Council moved the June 5 council meeting to Wednesday, June 4 at Monday's work session. Applicant Representative Ed Hooper said the Applicant came before Council on November 7, 2013 with another team and design. The project before Council tonight is a new design under a new team and is consistent with Beach by Design. The only issue still outstanding is the amplified music restrictions. The Applicant is requesting that amplified music be allowed Sunday through Thursday to midnight and Friday and Saturday to 1:00 a.m. The project is not near any residential property. Mr. Hooper said the Applicant would add language regarding the desired amplified music restrictions prior to the second public hearing. The project consists of 180 hotel units with no full kitchens and compliments the Beach by Design Character District. Applicant Representative Brian Aungst, Jr. said the vague language used in Section 6.1.6 and Exhibit C has been addressed, which clarifies that all 180 units will be available to the public for overnight accommodations through one lobby reservation system. Support was expressed to restrict the hours for amplified noise Sunday through Thursday to midnight and Friday and Saturday to 1:00 a.m. as the project is not in the immediate area of residential property. It was stated that previously approved projects are near residential property and reason why the restrictions are different. In response to a question, Mr. Hooper said the project before Council tonight no longer has an entrance off Gulfview Boulevard. There will be a long gradual ramp off of Coronado Drive that will avoid vehicle stacking during check-in/out times. Page7 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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) 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. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Page8 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 · 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. Councilmember Hamilton moved to 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. The motion was duly seconded and carried unanimously. Ordinance 8564-14 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8564-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze Ordinance 8565-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8565-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze Ordinance 8566-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8566-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze Page9 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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) 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 Chapter 171.044. Councilmember Polglaze moved to approve the Annexation of a portion Page10 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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. The motion was duly seconded and carried unanimously. Ordinance 8558-14 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8558-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze Ordinance 8559-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8559-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze Ordinance 8560-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8560-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze City Manager Reports 8. Consent Agenda - Approved as submitted. 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) Page11 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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) 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 Page12 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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) 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) Page13 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 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) 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) Vice Mayor 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. 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) 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. Councilmember Hoyt Hamilton moved to approve correction of Resolution 14-08 by amending Exhibit A to that Resolution to correct scrivener’s error and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 14-16 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 14-16. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze 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. (consent) The City Clerk said the Clearwater Housing Authority (CHA) does not Page14 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 have any prospective appointees within city limits who are willing to serve as the Public Housing Resident member. Florida Statutes allows CHA to appoint an individual who resides within CHA's jurisdiction, which encompasses a 3-mile radius outside of Clearwater city limits. Councilmember Jonson moved to appoint Nicole St. Clair as the Public Housing Resident member to the Clearwater Housing Authority for an unexpired term through September 30, 2017. The motion was duly seconded and carried unanimously. 9.3 Approve changes to City Council Rules and adopt Resolution 14-18. 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. Councilmember Bill Jonson suggested adding the following at the end of Page15 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 Section 1: The order of business for a work session meeting shall ordinarily be: a. Presentations b. Department 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. New business items (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). Councilmember Bill Jonson suggested to amend the resolution title to reflect that Rule 8 was being amended to add the order of business for a work session meeting. Vice Mayor Doreen Hock-DiPolito moved to approve changes to City Council Rules. The motion was duly seconded and carried unanimously. Resolution 14-18 was presented and read by title only. Councilmember Jonson moved to amend Resolution 14-18, by inserting the following information at the end of Section 1 and before Section 2: The order of business for a work session meeting shall ordinarily be: a. Presentations b. Department 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. New business items (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). Page16 City of Clearwater Draft City Council Meeting Minutes May 15, 2014 The motion was duly seconded and carried unanimously. Councilmember Polglaze moved to adopt Resolution 14-18, as amended. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Hamilton, Councilmember Jonson and Councilmember Polglaze 10. City Manager Verbal Reports None. 11. City Attorney Reports None. 12. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and reminded all that the June 5 council meeting was moved to Wednesday, June 4. 13. Adjourn The meeting adjourned at 7:32 p.m. Mayor City of Clearwater Attest City Clerk Page17 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#13-141 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec . 175.061 of the Florida State Statutes. (consent) SUMMARY: The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. The state law allows trustees to succeed themselves as board members. This legal resident, City Council appointed seat will become open July 1, 2014. Mr. Carpenter has indicated his willingness to serve a four year term. Mr. Carpenter is a legal city resident of Clearwater and was a co-owner of a retail business in Clearwater until spring 2010. He is the head of the Finance Department for Indian Rocks Beach. Additionally, he is a Certified Public Pension Trustee and a Certified Government Finance Officer. Mr. Carpenter worked 15 years for the City of Clearwater and holds a BS in Accounting. Once approved, Mr. Dan Carpenter will serve a four-year term, which will be effective July 1, 2014 through June 30, 2018. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-195 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve Architect of Record (AOR) contracts with seven firms, as listed, for a period of five years commencing June 20, 2014 and authorize the appropriate officials to execute same . (consent) SUMMARY: Request for Qualifications (RFQ) 11-14 was issued March 12, 2014 soliciting area architecture firms to serve as Architect of Record for the City of Clearwater for a five -year period. Submittals were due April11, 2014. Ten submittals were received on April 11 , 2014. The submittals were evaluated on management and technical staff ability, availability to expeditiously complete assignments, prior municipal experience, quality control, and Clearwater business and community involvement. The City selection committee included representatives from Engineering, Parks and Recreation, and General Services. The selection committee reviewed the submittals and met on May 1, 2014 to rate the firms. Seven firms were selected: Fowler Associates Architects, Harvard Jolly Architecture, Klar and Klar Architects, Long and Associates Architects, Plisko Architecture, Wannamacher Jensen Architects, and Williamson Dacar Associates . The AOR contracts enable the City to continue to complete planning and design projects with well-qualified architecture firms. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 1 REQUEST FOR QUALIFICATIONS for ARCHITECT OF RECORD RFQ #11-14 ISSUE DATE: March 12, 2014 DUE DATE: April 11, 2014 City of Clearwater – Engineering Department 100 S. Myrtle Avenue, Room #220 Post Office Box 4748 Clearwater, Florida 33758-4748 2 REQUEST FOR QUALIFICATIONS #11-14 ARCHITECTURAL SERVICES CITY OF CLEARWATER, FLORIDA Sealed Statements of Qualifications will be received by the Purchasing Manager, at the Purchasing Office, located at the Municipal Services Bldg., 100 South Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-5520, until 4:00 P.M. on April 11, 2014. The City of Clearwater (“City”) requests qualifications from architectural firms (“Firm”) to serve as an Architect of Record (“Architect”) for a five year period from June 21, 2014 to June 21, 2019, with the City retaining an option to extend the contract two years. Upon the City deciding to exercise its option, it will amend the contract term to reflect the additional two years. To be considered for Architect of Record status, the Architect must have a fully staffed and operating office located within the Tampa Bay Metropolitan area. Copies of the Request for Qualifications for this project are available for prospective Firms at the Municipal Services Bldg., Purchasing Division, 3rd Floor, 100 South Myrtle Ave., Clearwater, Florida, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, beginning March 12, 2014, until no later than close of business, five (5) days preceding the submittal deadline. The documents are also available through the City’s website: http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx. The right is reserved by the City Manager of the City of Clearwater, Florida, to reject any or all Statements of Qualifications. The City of Clearwater, Florida William B. Horne, II, City Manager 3 TABLE OF CONTENTS 1. INTRODUCTION ......................................................................................... 4 2. RFQ SUBMITTALS ...................................................................................... 4 3. MULTIPLE FIRM TEAMS ............................................................................. 5 4. SELECTION PROCESS ................................................................................. 6 5. MAIL OR DELIVER COMPLETED RESPONSES TO ........................................... 6 6. INSURANCE REQUIREMENTS ...................................................................... 6 7. COMPENSATION ........................................................................................ 6 8. DISTRIBUTION ........................................................................................... 6 9. RFQ SCHEDULE ......................................................................................... 7 10. GENERAL CLAUSES ................................................................................. 7 A. OPENNESS OF PROCUREMENT PROCESS ......................................... 7 B. RETENTION AND DISPOSAL OF RESPONSE ....................................... 7 C. ERRORS AND OMISSIONS .................................................................. 7 D. RESERVED RIGHT .............................................................................. 7 E. CONFLICT OF INTEREST .................................................................... 7 F. RIGHT TO PROTEST ............................................................................ 8 G. NO COLLUSION ................................................................................... 8 H. PROFESSIONAL SERVICES/CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA) – FLORIDA STATUTE 287.055 ........................... 8 I. APPROPRIATIONS CLAUSE .................................................................... 8 J. PUBLIC RECORDS REQUIREMENTS ................................................... 8 K. PUBLIC ENTITY CRIMES ..................................................................... 9 L. SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA .................................................................................................. 9 M. GENERAL TERMS AND CONDITIONS ................................................ 10 EXHIBIT “A” AGREEMENT FOR PROFESSIONAL SERVICES ................................ 11 EXHIBIT “B” INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS 18 EXHIBIT “C” PROVISION OF PAYMENT............................................................. 20 4 1. INTRODUCTION SPECIFIC QUALIFICATIONS: Full-service Architectural Firms capable of performing planning, design, document preparation, permitting, construction inspection and management of every aspect of projects will be strongly considered, however the City intends to also consider smaller Firms with exceptional experience and qualifications. To be considered for Architect of Record status, the Architect must have a fully staffed and operating office located within the Tampa Bay Metropolitan area. Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation, the Firm must be registered by the Florida Department of State, Division of Corporations. See “Exhibit A” – Agreement for Professional Services. COMPETITIVE SELECTION: Selection of finalists will be made on the basis of architectural qualifications as noted in the RFQ Submittals section. This information shall enable the City to evaluate the viability and capability of the Firm to provide the desired services, and shall provide the Selection Committee sufficient details to be properly prepared for Oral Presentations, if necessary. Discussions of past performances on other projects shall be minimized except as they relate to the proposed services. The Selection Committee’s decision in qualification of prospective Firms shall be final. The City reserves the right to, at its sole discretion, accept or reject any and all submittals, request clarifications from any prospective Firm, amend or modify the terms of the Request for Qualifications (“RFQ”), or re-issue the RFQ if such action is in the best interest of the City. The overall RFQ Schedule is outlined in Section Nine of this document. If there is any doubt as to the true meaning of any part of this RFQ or if any discrepancies in or omissions from this RFQ 11-14 are discovered, a written request for an interpretation or correction may be submitted to the Purchasing Manager: michael.murray@myclearwater.com for response. Written requests may be forwarded to Purchasing Manager, 100 South Myrtle Ave., 3rd Floor, Clearwater, FL, 33756-5520, or faxed to (727) 562-4535. The Firm submitting the request will be responsible for delivery no later than seven (7) calendar days before the submittal due date. Any clarification or correction of this RFQ will be made only by written addendum. Any addendum(s) will be posted to the City’s website no later than Monday, April 7, 2014. Firm is responsible for checking the City’s website before submitting proposals. The City will not be responsible for any other explanation or interpretations of the documents. 2. RFQ SUBMITTALS A. Submittal Package - Interested Firms should state their interest and qualifications for this project by submitting one (1) electronic and six (6) printed copies of the following; the Sections shall be “tabbed” and ordered accordingly: Letter of Interest – The letter shall summarize the key points of qualifications to provide architectural services for the City of Clearwater (2 page limit). Management and Technical Staff Ability – The Firm shall submit a staffing plan which clearly illustrates the key elements of the organization structure proposed to accomplish management, technical, and administrative services as requested. Project management, 5 key technical personnel, and local staff within each discipline shall be identified and past experience shall be discussed. Résumés, not to exceed two (2) pages total, for Project Dedicated full-time key personnel named on the staffing chart shall be included. The Firm shall address the necessity and utilization of subconsultant services. The Firm shall provide the location of the responsible office, a copy of the Firm’s current Florida Department of Business and Professional Regulation’s License, and if the Firm is a corporation, a copy of the current Florida Corporation Registration. (8 page limit) (25% of score) Availability to Expeditiously Complete Assignments – The Firm shall discuss current and projected work load versus available staffing. The Firm shall identify staff that is available full-time and staff available as-needed with availability stated. Full-time staff is defined as staff who can dedicate fort y (40) hours per week or more to the City either reporting to the Firm’s or subconsultant’s home office (3 page limit) (20% of score) Prior Municipal Experience – Brief summary of work completed for the City of Clearwater or other government agencies within the last five years. Should include dates of completion, size of projects, project cost, name of lead architect, addresses, contact persons, and telephone numbers; and, photographs of at least five (5) completed public projects where the Firm has been principal architect. The types of work shall correspond to the required consultant services listed in Exhibit “A”, Section 2.0 (6 page limit) (25% of score) Quality Control – The Firm shall present a Quality Assurance Plan. The plan shall address procedures to assure complete and accurate design and reporting, and that all comments are addressed during stakeholder review. If subconsultants are used, provide the procedures that the respondent would use to assure their work is reviewed for quality control. The Firm shall discuss, in detail, the manner in which proper coordination and information exchange will be assured between the Prime, Subconsultants, The Project Manager, City Staff and Selection/Design Consultants. (3 Page Limit) (20% of score) Clearwater Business and Community Involvement – The respondent shall discuss the types and quantities of business that they conduct in Clearwater and non-business related community involvement of the firm and staff. (2 page limit) (10% of score) B. Format – The Submittal Package shall be submitted in bound volumes on 8-1/2” x 11” paper. All information must be assembled and indexed in the order indicated in Section 2.A. The total number of pages shall not exceed twenty-four (24) pages. The pages shall be one-sided only and the page count shall include typed text, graphics, charts and photographs. The Staffing Chart may be two (2) 11” x 17” fold outs. The cover page, back page, and blank, tabbed separator pages do not count as part of the twenty-four (24) page total. 3. MULTIPLE FIRM TEAMS Multiple Firm or joint venture teams must clearly identify the roles and responsibilities of the proposed participants. Multi-Firm teams must be led by a Firm demonstrating substantial public facility design experience. 6 4. SELECTION PROCESS The City Selection Committee may consist of representatives from the City of Clearwater Engineering Department; City of Clearwater General Services Department; and City of Clearwater Parks and Recreation Department; and will review the RFQ submittals and may require public presentation from Firms deemed to be most highly qualified regarding their qualifications. Those Firms not selected will be notified. If interviews are required, Firms will be given advance notice to prepare. The interviews will be held in Clearwater over a one- or two-day schedule. A decision following the interviews will be made within five (5) working days of the last interview. The City reserves the right to accept and/or reject any or all submittals; to w aive any irregularity, variance, or informality whether technical or substantial in nature; and to negotiate with all qualified Firms in keeping with the best interests of the City. An award resulting from this request shall be negotiated with the Firm(s) whose proposal and presentation is determined to be the most advantageous to the City of Clearwater. 5. MAIL OR DELIVER COMPLETED RESPONSES TO Purchasing Manager Mailing Address: P. O. Box 4748 Clearwater, FL 33758-4748 Municipal Services Building, 100 South Myrtle Avenue (3rd floor), Clearwater, FL 33756-5520 All proposals must be received no later than 4:00 p.m. local time April 11, 2014. The City assumes no responsibility for responses received after the stated time and date, or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling or any other reason. Late responses will be held unopened and not considered for award. 6. INSURANCE REQUIREMENTS See Exhibit “B” attached. 7. COMPENSATION See Exhibit “C” attached. 8. DISTRIBUTION This RFQ is being mailed to Firms that have contacted the City. This RFQ is also being advertised per City of Clearwater purchasing policies and being made available online through the City’s website. 7 9. RFQ SCHEDULE 1) Release date of RFQ March 12, 2014 2) Due date of RFQ April 11, 2014 3) Short-list Selection April 25, 2014 4) Oral Presentations (if necessary) May 5, 2014 (week of) 5) Selection Committee Recommendation May 9, 2014 6) City Council Action June 5, 2014 7) Contract Initiation June 21, 2014 10. GENERAL CLAUSES A. OPENNESS OF PROCUREMENT PROCESS Written response, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of the qualifications once submitted. B. RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of responses will be returned to the Firm. C. ERRORS AND OMISSIONS Once a response is presented, the City shall not accept any requests by any Firm to correct errors or omissions in any calculations submitted. D. RESERVED RIGHT The City reserves the right to accept or reject any and/or all submissions/proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received the first submission date may or may not be rejected by the City depending on available competition and timely needs of the City. The City shall be the sole judge of the submission/proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. In addition, the City reserves the right to make such investigation, as it deems necessary to determine the ability of any responder to perform the work or service requested. The responder shall provide information the City deems necessary to make this determination. E. CONFLICT OF INTEREST Any prospective Firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective Firm should specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. 8 F. RIGHT TO PROTEST Any actual or prospective responder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the Purchasing Manager. G. NO COLLUSION By offering a submission to the RFQ, the responder certifies and in the case of a joint submission/proposal, each party thereto certifies as to its own organization, that in connection with the submission/proposal: (a.) No attempt has been made or will be made by the responder to induce any other person or Firm to submit or not to submit a submission/proposal for the purpose of restricting competition; and (b.) The only person(s) or principal(s) interested in this submission/proposal are named therein and that no person other than those therein mentioned has/have any interest in this submission/proposal or in the agreement to be entered into; and (c.) No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. H. PROFESSIONAL SERVICES/CONSULTANTS’ COMPETITIVE NEGOTIATION ACT (CCNA) – FLORIDA STATUTE 287.055 Professional services requested in this RFQ are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. I. APPROPRIATIONS CLAUSE The City, an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. The City shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of this contract, provide written notice to the Firm of such event and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related to the contract. J. PUBLIC RECORDS REQUIREMENTS The selected Firm will be required to comply with Section 119.0701, Florida Statutes (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; 9 (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 Firm 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. K. PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or a ffiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. L. SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA The Firm will be required to comply with Section 287.135, Florida Statues , specifically to: (a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lis t, or engaging in business operations in Cuba and Syria; and (b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and (c) Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and (d) If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. 10 M. GENERAL TERMS AND CONDITIONS (a) All responses become property of the City of Clearwater. (b) The City will not reimburse the respondent for any costs associated with the preparation, submittal, or presentation of their responses to this request. (c) The respondent acknowledges that all information contained within its response is part of the public domain as defined by State of Florida Sunshine and Public Record Laws. The City gives no assurance as to confidentiality of any portion of any proposal once submitted. (d) The awards made pursuant to this RFQ are subject to the provisions of Chapter 112, Part III, Florida Statutes. All respondents must disclose with their responses the name of an officer, director, owner, or agent who is also an employee of the City of Clearwater. (e) Respondents, their agents, and associates shall refrain from contacting or soliciting any City officials regarding this RFQ during the selection process. Failure to comply with this provision may result in disqualification of the respondent, at the option of the City. Only the City’s Purchasing Manager may be contacted. (f) There shall be no discrimination as to race, sex, color, creed, handicaps, or national origin in the operations conducted under this engagement. (g) Due care and diligence has been exercised in the preparation of this RFQ, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of the exposures. (h) Preference will be given to those responses in full or substantially full compliance with the requested information in this document. (i) Each respondent is responsible for full and complete compliance with all laws, rules, and regulations including those of the Federal Government, the State of Florida, and the City of Clearwater. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules, and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. (j) Any interpretation, clarification, correction, or change to the RFQ will be made by written addendum issued by the City’s Purchasing Manager. Any oral or other type of communication concerning the RFQ shall not be binding unless issued by the City in the form of an addendum. (k) Responses must be signed by an individual of the respondent’s organization legally authorized to commit the respondent’s organization to the performance of the services contemplated by this RFQ. (l) The successful respondent shall be required to submit proof of licenses, certifications, and proofs of insurance as required by the City. (m) The successful respondent shall not be allowed to substitute project team members named in this response without the written permission of the City. (n) The architect is responsible for all costs associated with any non-discretionary changes. A bond for this purpose may be required. Documents cited in this document but not attached are available upon request. 11 EXHIBIT “A” AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the ______ day of _________________, 2014 by and between the City of Clearwater, Florida (CITY) and _________________________________, (ARCHITECT). WITNESSETH: WHEREAS the CITY desires to engage the ARCHITECT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ARCHITECT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ARCHITECT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ARCHITECT in a proposal dated April 11, 2014: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ARCHITECT to the CITY will be that of a professional consultant, and the ARCHITECT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ARCHITECT to work with and for the CITY toward solutions to architectural problems and the approach or technique to be used toward accomplishment of the CITY’s objective for each project or assignment. The ARCHITECT’S services shall include, but not be limited to planning, analysis, design, preparation of construction plans and details, regulatory permitting, preparation of technical specifications, preparation of bid and contract documents, and construction management for potential City project areas listed below: (a) Parks & Recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. (b) Fire Department facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. (c) Police Department facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. (d) Marine & Aviation facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. (e) Library facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. 12 (f) Parking facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. (g) General Services/Solid Waste facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. (h) Any other City of Clearwater department facility improvements, including expansion or improvements to existing facilities as well as development of new facilities. 2.2 The following lists other work assignments that may be reasonably required under the general scope of this professional agreement: (a) Land surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches. (b) Review and assessment of the applicability of design/build contracts for various City improvements. (c) Development/preparation of grant applications for City projects. (d) Preparation and implementation of public involvement programs, including graphics PowerPoint presentations, slides, handouts, etc. 2.3 The ARCHITECT’S services under this Agreement will be provided under Work Orders. Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of work, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $100,000 per Work Order unless specifically authorized by the City Council. 2.4 The ARCHITECT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required architect services hereunder, and shall diligently execute the work to meet the completion time established in Work Order. The ARCHITECT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information. This includes: contact phone, address, project manager, email addresses, etc. 2.5 The CITY reserves the right to enter into contracts with other architect firms for similar services. The ARCHITECT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural Firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The ARCHITECT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.3, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ARCHITECT’S services called for under any Work Order are delayed for reasons beyond the ARCHITECT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until five (5) years from the date of initiation, June 21, 2014, subject to the provisions for termination contained herein. The City retains the right to exercise an option to extend the contract 13 for two (2) years at its sole discretion. Assignments that are in progress at the Contract termination date will be completed by the ARCHITECT unless specifically terminated by the CITY. 4.0 INSURANCE REQUIREMENTS See Exhibit “A” attached. 5.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ARCHITECT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ARCHITECT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the ARCHITECT. 6.2 The ARCHITECT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ARCHITECT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. Should the lowest, responsible and acceptable bid price received by the CITY within three (3) months from the date of the CITY’s approval of the bid documents exceed the ARCHITECT’S final cost estimate by more than ten percent (10%), the ARCHITECT shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices on a line item basis, identifying areas of disagreement and providing a rationale for the difference. 6.3 The ARCHITECT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ARCHITECT describing the services desired and providing a basis for compensation to the ARCHITECT. 6.4 Upon the ARCHITECT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ARCHITECT and CITY mutually deem necessary. 14 6.5 The CITY and the ARCHITECT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ARCHITECT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ARCHITECT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ARCHITECT and other persons employed or utilized by the ARCHITECT in the performance of this ARCHITECT and any Work Orders issued under this AGREEMENT. 6.7 The ARCHITECT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the ARCHITECT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 6.9 The ARCHITECT shall attach a brief status report on the project(s) with each request for payment. 6.10 Unless otherwise required by law or judicial order, the ARCHITECT agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The ARCHITECT also agrees that it shall not publish, copyright or patent any of the site specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the ARCHITECT for “In House” use. Only data and reports generated by the ARCHITECT under this Agreement shall be the property of the City. 6.11 The ARCHITECT will be required to comply with Section 119.0701, Florida Statutes (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 15 format that is compatible with the information technology systems of the City of Clearwater. 7.0 COMPENSATION 7.1 The ARCHITECT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ARCHITECT’S invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit “B”. 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ARCHITECT and paid by the CITY once each month. Such invoices shall be due and payable upon receipt. 7.3 The ARCHITECT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 8.0 PROHIBITION AGAINST CONTINGENT FEES The ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the ARCHITECT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ARCHITECT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the ARCHITECT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERMINATION OF CONVENIENCE Either the CITY or the ARCHITECT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is 16 terminated by the CITY as provided herein, the ARCHITECT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA The ARCHITECT will be required to comply with Section 287.135, Florida Statues, specifically to: (a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and (b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and (c) Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and (d) If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. ______________________________ (ARCHTECT) 17 By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ___________________________ By: ______________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form and ATTEST: correctness: ___________________________ By: ______________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk 18 EXHIBIT “B” INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS In addition to any other insurance required by the RFP, or bid documents, the Respondent shall, at its own cost and expense, acquire and maintain (and cause any contractors and/or subcontractors to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Respondent’s deductible or self-insured retention and require that it be reduced or eliminated. Specifically the Respondent must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 1. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 per occurrence and $2,000,000 general aggregate. 2. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 3. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, and subcontractors, if any. 4. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. 5. If the Respondent is using its own property or the property of City in connection with the performance of its obligations under this Agreement, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: 1. The City is to be specifically included as an “Additional insured” on the Commercial Liability Insurance and Commercial Auto Liability, and named as a “Loss Payee” on Respondent’s Property Insurance policy. 2. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Respondent will furnish the City 19 with a Certificate of Insurance evidencing the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Respondent will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Karen Maldonado Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 3. Respondent shall provide thirty (30) days written notice of any cancellation, non - renewal, termination, material change or reduction in coverage. 4. Respondent’s insurance as outlined above shall be primary and non-contributory coverage for Respondent’s negligence. 5. Respondent shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Respondent’s obligation to provide the insurance coverage specified. 20 EXHIBIT “C” PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay ARCHITECT and agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method “A” – Costs Times Multiplier Basis – Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier ________ includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Method “B” – Lump Sum – Compensation in the form of “lump sum” for all work associated with a Work Order or task and shall be determined by mutual agreement between the ARCHITECT and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ARCHITECT. Hourly Rates - The estimated hourly rates below represent 2014 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and ARCHITECT review. (Note: All rates are hourly salary.) 21 CITY OF CLEARWATER ARCHITECT OF RECORD RFQ 11-14 2014 DIRECT HOURLY RATES Job Classification Minimum Rate ($ / hour) Typical Maximum President Vice-President/Officer-in-Charge Project Manager/Associate Principal Senior Architect Architect Landscape Architect Field Technician Senior Designer Drafter/CADD Operator Field Technician Fiscal/Accounting Administrative/Clerical Operations Specialist MULTIPLIER: . Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-203 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Award a Contract (Purchase Order) for $163,520.00 to Don Reid Ford of Orlando, FL, for eight 2015 Ford Taurus sedans, in accordance with the Florida State Contract 071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement , or internal financing via an inter fund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests ; and authorize the appropriate officials to execute same . (consent) SUMMARY: The eight Ford Taurus sedans will be purchased through the Florida State Contract 071-000-14-1 and quote dated May 23, 2014. Five of the vehicles will replace G3158 (2006 Dodge Charger) with 94,163 miles, G2982 (2005 Chrysler 300) with 94,065 miles, G2456 (2001 Chevrolet Silverado 1500) with 94,967 miles, G2933 (2004 Toyota Prius) with 93,129 miles and G2981 (2005 Dodge Magnum) with 96,871 miles and will be assigned to the Police Department. Three of the vehicles will replace G0301 (1994 Ford Crown Victoria) with 53,784 miles, G1975 (1998 Ford Taurus Wagon) with 55,779 miles and G2149 (1999 Jeep Cherokee) with 67,683 miles and will be assigned to Engineering. The purchase of these vehicles was previously approved at the March 20, 2014 city council meeting. The vendor withdrew their bid from the Florida Sheriff’s contract prior to fulfilling the approved purchase order. These vehicles were included in the Fiscal Year 2013/2014 Garage CIP Replacement Fund . APPROPRIATION CODE AND AMOUNT: 316-94241-564100-519-000-0000 $163,520.00 Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-211 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve settlement of workers’ compensation claim of Mr . Richard DeBord, for payment of $220,750, inclusive, and authorize the appropriate officials to execute same . (consent) SUMMARY: On February 6, 2006, Mr. DeBord was in the MSB/PD parking garage elevator when it dropped several feet causing an injury to his neck, left shoulder, hip and lower back. He reached Maximum Medical Improvement (MMI) on February 28, 2012, with a 10% Permanent Disability/Whole Person Impairment (PD/WPI). Mr. Debord has had multiple claims that he filed under workers’ compensation . He has had a total of nine surgeries to his neck, back, left shoulder, left knee and left elbow over his years of employment. He returned to work after each of the surgeries. The claim is being settled for any and all claims he has filed against the City of Clearwater including a permanent total disability claim. The entire indemnity and medical claim with a general release and all attorney fees and costs are being settled per statute for a total payment of $220,750. The City’s Risk Management Division; outside attorney for the City of Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City’s Claims Committee recommend approval of this settlement in the best interests of the City and the claimant. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Total Cost $220,750, inclusive of attorney fees, costs and general release. APPROPRIATION CODE AND AMOUNT: 0590-07000-545800-519-000-0000 $220,750.00 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-213 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Request for authority to appeal an order denying the City’s Motion for Summary Judgment in the case of Sarita Merricks v. City of Clearwater and Jeffrey Adkisson (Case No. 8:12-cv-01805-EAK-AEP). (consent) SUMMARY: On August 16, 2012, Sarita Merricks filed a federal civil lawsuit in the U .S. District Court for the Middle District of Florida against the City of Clearwater and Clearwater Police Corporal Jeffrey Adkisson, alleging that excessive physical force was used on her during a traffic stop in Clearwater on August 11, 2008, and resulting in Ms. Merricks suffering serious and permanent injuries. On January 6, 2014, the City filed a Motion for Summary Judgment on behalf of Cpl. Adkisson which argued that Cpl. Adkisson was entitled to qualified immunity as a matter of law. The district court judge denied the City’s motion. The City Attorney’s Office believes that the motion for summary judgment is meritorious and that the City should appeal to the U .S. Court of Appeals for the Eleventh Circuit Court . The costs relative to this appeal would come from copy and other administrative overhead costs, estimated to be $300.00. APPROPRIATION CODE AND AMOUNT: Funds are available in budget code 0-590-07000-545900-519-000-0000 to fund this expense. Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-222 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Award five-year contracts (purchase orders) to Aquagenix/DeAngelo Brothers, Inc in the amount of $308,378.25 for pond and channel maintenance and to Lake and Wetland Management for mitigation site maintenance in the amount of $285,695.85 and authorize the appropriate officials to execute same . (consent) SUMMARY: The Environmental Division sought proposals (RFP 15-14 and RFP 16-14) for the continued maintenance of city lakes, ponds, and mitigation sites (Stormwater Facilities). These Stormwater Facilities include Kapok, Glen Oaks, Lake Bellevue, and Alligator Lake, along with a variety of lakes and ponds on other city owned properties. The proposals were evaluated by a committee comprised of representatives from Parks and Recreation, Stormwater Maintenance, and the Environmental Division considering technical ability, cost, experience, and location of the office providing service . Contracts will be evaluated and renewed annually for up to five years. First year award will be $61,675.65 to Aquagenix/DeAngelo Brothers, Inc and $57,139.17 to Lake and Wetland Management with options to renew years 2, 3, 4, and 5. APPROPRIATION CODE AND AMOUNT: 0419-01365-530300-539-000-0000 $61,675.65 0419-01365-530300-539-000-0000 $57,139.17 Sufficient budget and revenue is available in Stormwater Management Operations to fund the current year contract. Future years, funding will be included in the Stormwater recommended operation budget from the Manager. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 @BCL@1005651B Page 1of 4 3/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2014by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Lake and Wetland Management, Inc., of the City of Boynton Beach County of Palm Beach 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: Mitigation Site and Wetland Maintenance, as defined in RFP 15-14 in the amount of $57,139.17 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. @BCL@1005651B Page 2of 4 3/25/2014 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 construedas 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 orif, 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 bondor 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. @BCL@1005651B Page 3of 4 3/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (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 ofthe 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. @BCL@1005651B Page 4of 4 3/25/2014 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.) ____________________________________ Lake and Wetland Management, Inc. (Contractor) By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). RFP 15-14: MITIGATION SITE AND WETLAND MAINTENANCE Company Project Cost for Year 1 Rating and Ranking Stormwater Parks and Recreation Environmental Management Total Aquagenix $139,090.20 16 15 15 15 61 Aquatic Plants of Florida $62,076.12 14 13 12 12 51 Aquatic Systems $56,290.20 19 16 18 14 67 Cardno Entrix $120,129.00 17 15 15 12 59 DGC Environmental Services $44,850.00 18 13 12 17 60 Lake and Wetland Management $57,139.17 19 18 18 17 72 TECHNICAL SPECIFICATIONS SCOPE OF WORK Annualcontract for Clearwater Mitigation Site and Wetland Maintenance (RFP 15-14) The project is for the purpose of manual removal of nuisance and exotic species and selective application of herbicide on mitigation and wetland sites. Management of this project shall be done in an acceptable manner so as to maintain functioning wildlife habitat as well as being visually acceptable. Maintenance of each of these properties shall be twelve to twenty-fourtimes a year, depending on the site, to provide for a well-balanced and natural habitat. Submission of credentialsfor the certified biologist(s) on staff with a minimum three years experience in their particular trade and who provide a minimum of three references relating specifically to the type of work that shall be performed for this project must be included in the bid packet. Work under this contract shall include the furnishing of all labor, material equipment, supervision, transportation and other services necessary to do the required maintenance at the designated areas as specified herein. This contract is performance based and can be renewed annually for up to four years at the discretion of the City. SPECIFIC CONDITIONS 1.Maintain control of nuisance/exotic vegetation in and adjacent to the City owned lakes and ponds referenced in the List of Waterbodies in Table 1. Site maps are attached delineating the areas of maintenance. Table 1 –List of Waterbodies Name Location Acreage Waterbodies within Parks and Recreational Areas Cliff Stephen's Park Fairwood Avenue 16.9 Allen's Creek Park Hercules Avenue & Lakeview Avenue 16.6 Cooper's Bayou Mitigation Bayshore Blvd. & San Bernadino Street 2.2 Lake Chautauqua Park Landmark Dr & Lake Chautauqua Park 3.4 Lake Chautauqua South 2190 Soule Road 1.3 Environmental/Stormwater Monitoring Facilities Glen Oaks Park 1308 & 1345 Gulf to Bay Blvd 11.6 Lake Bellevue Greenwood Avenue & Lakeview Avenue 30.4 Alligator Lake 1125 McMullen Booth Road 5.9 Kapok Park 2950 Glen Oaks Ave. North 12.7 2.The contractor shall submit a maintenance program that contains a schedule detailing work protocol that will be followed for the length of the contract within two weeks of the award of contract. Upon approval of the maintenance program by City staff, work shall commence forty-eight hours after approval. 3.Access to all sites shall be the sole responsibility of the contractor. 4.Site must be maintained with less than five percent of nuisance/exotic vegetation. Upon inspection by the City, any site(s) that the City staff deems to contain more than five percent exotic/nuisance vegetation will result in non-payment of services. 5.Brown lining (intentionally eradicating all vegetation) is prohibited. 6.Contractor shall collect trash and debris in the subject treatment area and dispose of trashat each maintenance event. Proper disposal of collected trash and debris is the responsibility of the Contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City of Clearwater. The Contractor shall report such accumulations of debris when encountered, in a timely manner. 7.Gabion structures/retaining walls (defined as denoted gabion on the site maps) shall be sprayed for any nuisance/exotic species with the appropriate herbicide. 8.The Contractor shall be responsible for damage caused by the Contractor or his/her employees to any plant material or site feature. The Contractor shall notify the City in writing of the specific nature and cause of the damage and repair such damage at no cost to the City of Clearwater. 9.The Contractor is required to have Florida Workers’ Compensation Insurance applicable to its employees, including Employers’Liability andsubmit a copy to the City of Clearwater. 10.The Contractor shall install turbidity control in the work area when performing activities that may allow sediment or debris to be discharged downstream. 11.Any proposedchemical treatment must adhere tothe following best management practices: a.Follow all specific-labeling requirements. b.Copper-based chemicals are permitted with City approval prior to application. c.Drift retardant and tracing dyes shall be used on all sites at all times for inspection purposes. d.When using herbicide and pesticides that may harm human and/or domestic animals, the Contractor shall notify in advance all homeownersaffected by the treatment. e.All applicators must maintain current licenses from the Department of Agriculture and Consumer Services for the spraying of herbicides and pesticides on any City owned property and provide copies to the City. 12.The control ofnuisance and exotic vegetation shall include the List of Invasive Species from the Florida Exotic Pest Plant Council with any updates to that list (to include Category I and II) and also include the following species listed in Table 2. Table 2 –Additional Species 13.All aquatic system maintenance including treatment of depositional areas, spraying of adjacent transitional areas, and removal of trash and debris shall be completed during each maintenance event, with the City being notified with a weekly report of completion by email/mail for inspection. Failure to notify the City for completed work will result in non-payment of services. Some sites may qualifyfor exemption upon prior authorization by the City. 14.Upon receiving notification from the Contractor, the City shall inspect the serviced location within 48 hours following the next business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services invoiced. 15.The Contractor shall maintain individual monthly maintenance reports which shall include: location treated, type of waterbody treatment, amount of chemical used, immediate adjacent transitional treatment, mechanical equipment used, plant species controlled, ambient weather conditions, mention any trash removed from waterbody, and any relevant information concerning the program, such as recommended actions to be taken. 16.One copyof the monthly maintenance reports and treatments schedule for the following month shall be submitted alongwith the monthly invoice to the City. Electronic submittals are acceptable. 17.Contractor shall provide three copies of an annual reportin tabular form, with photographic documentation of before and after, summarizing all activities and proposing a list of recommendations to be implemented in the following months and years. This report is due annually on December 1. 18.All employees of theContractor shall be considered to be at all times the sole employees of the Contractor under his/her sole direction and not an employee or agent of the City. The Contractor shall supply a list of employee’s credentials and will be required to complete all maintenance work with direct employees of the company. The Contractor shall supply competent and physically capable employees and the City may require the Contractor to remove an employee if deemedcareless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on City property is not in the best interest of the City. Species Common Name Lemna minor Duckweed Spirodela polyrhiza Giant duckweed Wolffia spp.Water meal Wolffiella floridana Bog mat 19.The City reserves the right to add/delete a location, area, and frequency of site visitsfrom the Contract upon written notice. Payment for additional sites will be based on contractor’s site assessment and quote, with approval by the City. 20.Frequency of spraying/mechanical maintenance shall be done at a minimum of contract requirements per year, per site. 21.The method of payment will be per site per month. Invoices must be submitting itemizing cost per site on a monthly basis. Payments will be disbursed monthly for this project. SITE SPECIFIC INSTRUCTIONS TheClearwater Mitigation Site and Wetland Maintenance contractincludes nine (9)sites throughout the City. A list of these sites and treatment frequency are presented in Table 3. Table 3 –Treatment Frequency Name Acreage Treatment Frequency Waterbodies within Parks and Recreational Areas Cliff Stephen's Park 16.9 1x/month Allen's Creek Park 16.6 1x/month Cooper's Bayou Mitigation 2.2 1x/month Lake Chautauqua Park 3.4 1x/month Lake Chautauqua South 1.3 1x/month Environmental/Stormwater Monitoring Facilities Glen Oaks Park 11.6 2x/month Lake Bellevue 30.4 1x/month Alligator Lake 5.9 1x/month Kapok Park 12.7 2x/month Parks and Recreation Areas Five (5)park and recreation areas are included in the control and maintenancecontract; all sites require monthly maintenance. Allen’s Creek Park also includemaintenance of an upland area of native vegetation, approximately 5.1 acres. Environmental/Stormwater Monitoring Facilities Four (4) environmental/stormwater monitoring facilities are included in the control and maintenance contract. Maintenance events shall include manual removal of nuisance and exotic species and selective application of herbicide. In addition to the monthly maintenance reports, a detailed letter for all four sitesshall be submitted which documents current site conditions, describes maintenance activities conducted; and recommends future actions. These sitesmay require replanting of aquatic vegetation, with a combination of the following species listed in Table 4. Table 4 –Planted Species Species Common Name Pontederia lancifolia Pickerelweed Spartina bakeri Cordgrass Saururus cernuus Lizard's tail Sagittaria latifolia Arrowhead Nymphaea odorata Water lily Scirpus calidus Soft stem bulrush CLEARWATER DUNEDIN SAFETY HARBOR LARGO BELLEAIR Location Map Mitigation Site & Wetland Maintenance Contract RFP15-14 Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com SJ N.A.N/A4/14/2014 Map Gen By: MBKReviewed By: S-T-R:Atlas #:Date: ² N.T.S.Scale: ² N.T.S.Scale: RFP15-14 Locations 1. Allen's Creek Park 2. Alligator Lake 3. Lake Chautauqua Park 4. Cliff Stephen's Park 5. Cooper's Bayou 6. Kapok Park 7. Lake Chautauqua 8. Stevenson Creek 9. Lake Bellevue 1 5 2 64 7 3 8 9 Document Path: V:\GIS\Environmental\RFP15-14\Lake pond channel Maint_11x17_location map_15_14.mxd HE R C U L E S A V E LAKEVIEW RD BURNICE DR CORONET LN DIPLOMAT DR LEES CT EM B A S S Y D R VIOLA DRYU L E E D R BELL CHEER DR ENVOY CT SANDRA DR OAK GROVE DR REBECCA DR C A N T E R B U R Y R D PLEASANT PKWY AM B A S S A D O R D R BE L L D R 19 9 3 20 2 5 20 1 7 20 1 3 19 8 5 21 1 9 21 3 7 21 4 9 21 2 5 21 4 3 21 3 1 21 4 3 21 2 5 21 3 7 21 5 1 21 3 1 20 4 5 20 5 3 20 3 9 20 4 9 20 4 3 20 3 5 20 1 1 20 2 7 20 1 9 20 2 3 20 1 5 20 7 5 20 7 9 20 7 3 20 8 3 20 7 7 2147 21 0 7 21 3 1 21 4 3 21 0 9 21 1 7 21 2 5 21 0 1 21 3 5 13711375 1377 1379 1381 1383 1385 1389 1391 1395 13992070 2072 20 7 4 20 7 6 20 7 8 20 8 0 20 8 2 20 8 4 20 2 7 20 3 1 20 3 5 20 3 9 20 4 3 20 5 3 20 4 5 1381 1387 1391 13951392 1388 1384 1380 1376 20 2 0 20 1 6 20 1 2 1399 1395 1391 1387 1383 1379 1396 1392 1388 1384 1380 1376 1372 1368 1364 1360 1352 1356 1348 13011300 20 4 9 20 5 4 20 5 0 20 4 6 20 4 4 20 4 0 20 3 6 20 3 0 20 2 8 20 2 4 20 3 1 20 4 4 20 4 0 20 3 6 20 3 0 20 2 8 20 2 4 20 2 0 20 1 6 20 1 2 1347 21 5 5 21 4 7 21 5 2 21 4 4 21 3 8 21 3 2 21 5 1 21 4 3 21 3 7 21 3 1 21 2 5 21 1 9 21 1 3 1331 1342 1332 1300 21 0 0 1351 1341 21 5 2 21 4 4 21 3 8 21 3 2 21 2 6 210 1 2100 21 1 4 21 5 5 21 4 9 21 4 3 21 3 9 21 2 5 21 5 4 21 4 8 21 4 2 21 3 8 21 3 0 21 2 4 21 1 8 21 1 2 21 0 6 21 0 0 2106 2111 2115 2119 212 3 21 2 7 21 3 5 21 4 3 213 0 21 2 4 21 1 0 21 1 8 1 2 1 6 1222 1228 1234 20 9 9 20 8 5 20 7 9 20 7 3 20 6 7 20 9 1 1241 1235 1229 1223 1215 1209 1395 1387 1381 1375 1369 1363 1357 1353 1349 1341 20 2 4 2039 20 3 0 20 0 5 20 3 7 20 3 6 20 1 6 20 3 0 2025 1231 20 1 2 20 1 6 20 2 9 20 0 0 2039 1241 20 5 8 20 2 4 20 3 1 20 2 1 1303 20 3 5 1281 203 6 20 0 4 20 0 8 19 8 0 20 1 2 20 2 0 19 9 0 20 1 8 20 5 4 20 2 4 20 5 0 20 0 4 21 0 7 20 0 6 20 4 6 20 1 0 1250L 5 20 1 9 20 1 3 20 0 7 20 0 9 21 5 9 21 5 2 21 4 8 21 3 4 21 3 0 21 2 2 21 1 6 21 0 0 21 4 0 20 7 0 20 7 6 21 1 2 19 7 8 19 8 1 20 1 7 20 1 1 20 2 3 Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.308B 24-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Allen's Creek @ Allen's Creek Park and Maple SwampACRES: 16.6 Maintenance Area TREATED PERIMETER: 15543 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Allens_15-14.mxd SAN JOSE ST SAN PEDRO ST MA X I M O A V E SAN MATEO ST AL A M E D A A V E SAN BERNADINO ST MA D E R A A V E MO N T E R E Y A V E SAN CARLOS ST SAN GABRIEL ST SAN DOMINGO ST RUTH ECKERD HALL DR SAN CARLO S S T 907 706 700 908 701 911 608 900 800 901 700 824 901 908 900 708 805 608 701 605 31 3 7 1125 1111 31 3 5 31 3 1 13351325 1115 1106 1102 1010 1008 1 2 0 6 1214 1215 1213 1104 1106 1202 1204 33 1 7 33 1 5 33 0 2 33 0 4 33 0 6 33 0 8 33 1 2 33 1 0 33 1 4 33 0 7 33 0 6 33 2 3 1203 3317 13 0 6 13 0 8 3 3 0 6 3 3 1 0 3 3 0 8 3 2 0 5 32 0 9 33 4 3 33 3 7 33 1 6 33 1 9 32 5 0 32 0 1 121 0 13 6 3 31 8 7 31 7 0 33 1 6 33 4 1 32 3 5 33 1 0 31 6 4 32 3 0 1295 1103 32 6 0 33 3 6 32 2 2 33 3 3 33 1 1 31 3 1 32 4 9 330 5 3314 32 6 1 32 5 9 32 5 4 32 5 0 31 8 0 33 2 5 32 4 0 1212 31 7 1 32 2 0 3316 32 6 9 32 2 3 31 7 1 31 6 2 3315 32 2 9 33 0 1 32 1 5 121 1 31 6 3 33 3 3 32 4 1 31 7 7 32 3 6 1400 33 0 3 122 9 32 4 0 33 0 0 33 0 2 32 6 8 13 0 1 31 5 0 32 0 0 31 6 9 31 7 9 32 1 2 32 1 0 11 0 1 31 3 7 31 6 5 33 1 6 331 8 32 2 3 33 2 3 3 2 0 7 31 3 6 330 3 31 5 8 33 1 8 1010 32 5 6 31 8 1 33 1 1 33 2 2 31 6 4 33 1 2 3 3 0 0 1206 33 1 1 1205 31 5 8 32 7 4 31 5 6 3 3 1 2 330 2 33 3 3 33 1 6 33 3 7 3 2 0 1 1203 33 1 0 32 1 6 32 5 4 13 0 5 32 1 9 32 3 0 32 4 2 32 5 0 33 5 0 32 5 9 31 8 4 33 1 0 330 1 31 5 1 32 1 5 31 3 2 128 7 32 6 0 33 3 6 31 7 4 1008 1 2 0 7 32 2 9 1343 31 3 0 31 3 6 33 0 3 32 3 0 31 4 2 33 3 0 33 1 4 32 6 8 31 5 7 32 1 4 31 3 6 32 2 2 33 2 2 3319 33 4 0 32 3 6 33 1 0 1 2 0 9 32 2 5 31 8 2 32 2 4 31 7 0 33 4 7 32 6 7 31 3 6 31 6 5 32 1 2 33 3 0 32 2 3 33 1 1 32 3 6 32 3 5 31 4 2 32 2 9 32 7 5 32 3 0 3 2 0 3 32 6 6 32 6 8 32 1 5 33 3 8 31 8 0 32 1 8 32 1 1 33 0 0 31 5 1 31 5 9 32 0 9 110 2 33 2 5 1001 32 4 0 33 4 4 32 4 7 31 5 1 31 7 1 31 8 8 32 7 2 33 5 0 32 7 3 32 5 3 33 1 0 33 1 6 32 7 3 32 0 0 1292 1 3 0 4 31 5 7 3 2 0 9 31 7 4 31 5 1 33 2 8 32 2 6 33 4 0 32 1 6 31 8 9 1204 32 4 8 33 3 2 33 4 5 33 2 6 31 3 0 31 7 6 32 6 7 31 3 7 31 5 8 33 1 7 32 1 0 1201 32 6 2 32 6 0 1300 32 6 7 31 7 6 31 6 4 31 6 5 31 3 2 32 0 4 1 2 0 4 32 5 5 32 5 5 32 6 1 33 2 2 33 3 3 31 8 1 33 0 1 3 3 0 4 31 7 0 31 8 2 33 0 4 33 4 2 332 0 1200 33 1 7 33 1 9 33 3 4 31 3 6 32 5 1 33 4 5 S i g n 816 808 800 808 1104 33 0 5 33 0 3 33 1 1 33 0 9 33 0 7 33 1 3 33 1 7 33 1 5 33 1 3 33 0 9 33 2 1 3 2 0 4 3 2 0 6 32 1 1 3 2 1 0 31 8 3 33 1 8 33 0 1 33 1 9 1 2 0 5 32 2 9 3 2 0 0 32 0 1 31 6 8 32 4 1 110 3 31 7 5 1 2 0 8 313 1 3321 32 4 1 3319 32 4 9 1217 33 0 8 33 1 1 31 7 7 31 5 9 32 3 7 31 4 2 33 5 1 1202 1238 3 2 0 8 1289 31 5 4 S i g n Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.274B 9-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Alligator LakeACRES: 5.9 Maintenance Area TREATED PERIMETER: 3564 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Alligator_15-14.mxd Ross Norton Park LAKEV I E W R D 1 s t A V E DEMPS E Y S T MA R T I N L U T H E R K I N G , J R . A V E MY R T L E A V E E ST WILDWOOD WAY SOUTH ST BELLEVIEW BLVD KINGSLEY ST EW I N G A V E S H O R E A V E P O M E L O A V E 61 7 90 4 90 6 70 8 71 8 6 5 1 62 6 91 6 91 2 80 9 92 1 91 2 62 9 62 3 92 5 75 1 63 4 621 83 9 80 0 80 5 62 7 69 9 61 4 82 5 60 5 62 1 62 1 61 5 61 0 90 1 92 5 81 7 72 5 72 7 62 0 60 0 7 1 3 61 5 61 2 62 6 80 1 62 5 93 1 62 0 62 1 60 9 699 70 1 80 0 620 93 9 91 5 90 9 61 5 94 1 90 1 62 6 62 2 63 0 93 5 60 9 81 3 63 0 61 4 699 61 6 1295 11 1 4 1316 11 0 8 1454 1450 1326 1380 11 1 5 1426 11 0 4 11 0 8 1341 1335 1325 1323 1313 13111309130511 0 7 11 1 1 11 1 5 1346 1342 1336 1332 1330 1324 1322 1318 1310 1306 11 1 2 1291 1295 10 2 0 10 1 4 10 0 0 13481349 1377 1366 1363 1352 1419 1385 1455 1415 1372 1389 1382 1359 1370 1381 1449 1451 13881386 1365 1358 1373 1355 1475 1300 1380 1435 13681370 1363 92 0 - 1 79 9 T r a f 11 0 0 T r a f 61 9 L a k e 1301 Met 621 60 5 61 1 91 0 61 9 83 1 11 1 2 1390 1312 11 0 6 134713451343 1339 130711 0 1 11 0 3 11 0 5 11 0 9 11 1 3 1344 1340 1308 1304 1289 10 1 2 1361 11 0 9 1370 1354 11 0 7 1357 1351 1383 1391 1353 1387 1379 1384 1374 1368 135011 0 5 92 0 - 2 1320Traf Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.306A 22-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake BellevueACRES: 30.4 Maintenance Area TREATED PERIMETER: 6321 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Bellevue_15-14.mxd Lake Chautauqua SO U L E R D SE C O N D S T McCORMICK DR LAKE SHORE DR CAMDEN RD CHANCERY LN CE N T E R V I E W C T CHELSEA PL CA M D E N W A Y FOURTH AVE CHELSEA DR 27 6 2 27 5 8 2 7 5 4 275 1 27 5 5 27 9 0 27 9 4 27 8 6 27 9 1 2147 2151 27 8 7 2138 2132 2783 2779 277521562150 21 8 1 2 1 8 5 27 5 9 2771 27 6 7 218 6 21 7 3 21 8 0 21 7 4 21 6 2 21 6 8 28 3 2 2820 28 4 4 28 5 6 28 6 5 28 5 3 28 3 3 28 2 5 28 1 7 28 0 5 28 0 1 28 0 2 28 1 0 28 1 8 28 2 6 21912190 2699 2695 2691 26 8 7 2683 2679 2675 2222 2196 2195 26 5 3 28 3 4 Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.244A 32-28s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake Chautauqua SouthACRES: 1.3 Maintenance Area TREATED PERIMETER: 2513 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Chautauqua_15-14.mxd D D Davis Park Lake Chautauqua Lake Chautauqua Park SABER DR CHANCERY LN LA N D M A R K D R HI L L C R E E K C I R SO U L E R D SUNSTREAM LN SE C O N D S T PA R K S T R E A M A V E ST E V E N S T AN T H O N Y A V E BETHANY PL CIELO CIR EL Y S I U M B L V D SC A R L E T O A K S S T CAMDEN RD TE R E N C E C T CHELSEA PL DI V I N O D R RE G E N C Y C T SA B E R C T Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.233A 32-28s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake Chautauqua ParkACRES: 3.4 Maintenance Area TREATED PERIMETER: 2077 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Chautauqua_Park_15-14.mxd Cliff Stephens Park Cliff StephensPark FA I R W O O D A V E PARK TRAIL LN B R I G A D O O N D R DOVEWOOD ST JA D E W O O D A V E HO L L Y W O O D A V E GR A N T W O O D A V E APPLEWOOD DR FAIRWO O D P L BE A C H W O O D A V E FAIRWOOD LN 507 511 517 675 665 661 651645635 535555 505503 501 625 641 605 619565 615575 601 900 703 600 403 304 204 102 49 0 64 5 710 200 767 705 78 7 702 605 697 813 6 2 9 731 719 79 5 718 230 66 1 9 0 3 604 733 240 78 9 6 2 1 47 0 310 681 704 655 730 75 6 220 5 2 5 700 745 7 8 1 708 79 7 8 0 3 502 530 440 500 300 716 731 201 410 739 6 2 8 900 721 757 52 1 450 210 52 0 6 3 7 48 0 901 401 320 80 3 65 3 742 613 711 400 6 2 0 51 0 330 769 723 779 759 751 805 66 9 340 430 713 1117 1109 1125 1132 1116 1016 1032 1100 1040 1024 1008 1000 1108 1001 1017 1009 1033 1025 1041 1101 1117 1125 1001 1025 1009 1033 1041 1017 1101 1109 1200 1048 1116 1108 1124 1100 1040 1032 1024 1000 1016 1008 1108 1000 1008 1016 1024 10321040 1048 1100 1116 1025 1033 1041 28 8 0 28 7 7 28 8 1 28 7 3 28 8 5 28 7 2 28 8 1 28 7 7 28 7 7 28 8 1 28 8 0 27 8 0 27 5 0 1032 27 7 8 28 1 6 28 0 4 28 0 0 28 0 8 28 1 2 1000 1008 1024 1016 1125 1109 1117 20 0 1 17 0 4 15 0 1 15 0 4 3001 29 0 4 2 7 0 1 4203 4104 39 0 3 3604 34 0 3 3202 12 0 3 1 0 0 3 11 0 3 29 3 0 1009 26 7 0 1025 29 4 2 28 0 9 29 7 2 28 7 6 29 9 0 1001 20 0 4 1 8 0 1 16 0 3 3102 2 6 0 3 2201 2204 4003 380 4 3704 13 0 4 26 7 6 28 1 7 29 4 8 1124 29 6 0 28 0 0 29 0 0 28 1 3 27 6 3 1 8 0 4 4 3 0 2 3302 1009 29 2 4 28 0 2 2 7 0 4 2504 2303 380 1 13 0 1 27 5 0 29 0 6 1109 17 0 1 1 4 0 2 27 7 0 29 7 8 300429 0 1 2104 4101 35 0 3 29 3 6 29 1 8 1000 2672 1009 29 6 6 19 0 3 2404 1025 1033 1017 29 5 4 1101 26 8 4 1001 3701 27 5 9 28 1 6 1017 29 8 4 29 1 2 1001 21979 22021 21981 21999 21961 22019 27 9 8 T r a f 27 0 0 T r a f 545 603 303 76 076 8 749 402 101 706 6 2 5 701 741 771783 817 685 709 77 2 75 276 477 6 9 0 1 8 0 1 504 103 734 79 1 64 1 777 66 5 42 0 677 729 735 8 0 2 8 0 4 702 500 503 203 714 761 725 763 9 0 4 703700 602 301 104 726 67 3 6 1 7 78 0 6 3 3 715 737 79 9753 64 9 80 1 404 202 773 601 7 8 5 775 65 7 809 722 765 609 712 693 704 689 743 707 738 9 0 2 401 302 747 631 717 727 6 2 4 755 79 3 746 1124 1049 1201 1049 1132 1200 1124 28 7 6 29 0 1 27 7 4 1201 20 0 2 20 0 3 36023603 35 0 1 28 0 5 27 7 8 28 0 0 27 7 1 27 7 9 15 0 3 28 0 1 2501 2102 39 0 2 32013204 11 0 4 27 7 4 1024 1100 28 1 2 27 7 0 27 5 8 1 8 0 3 3104 4102 35 0 2 34 0 2 3304 13 0 2 11 0 2 1016 28 1 6 28 0 8 19 0 1 17 0 3 16 0 1 16 0 4 1 4 0 4 3002 29 0 3 2103 4201 39 0 4 39 0 1 34 0 4 3301 12 0 4 28 0 1 1101 27 6 6 3601 29 0 2 28 0 3 28 0 4 2 6 0 1 250225032401 2101 37033702 12 0 2 12 0 1 1 0 0 2 11 0 1 27 6 2 19 0 4 16 0 2 2 7 0 2 2302 4 3 0 4 4 3 0 3 3303 3203 13 0 3 1008 27 6 7 28 0 4 17 0 2 15 0 2 1 4 0 1 1 4 0 3 3101 30032 6 0 2 2 6 0 4 4202 4103 4004 380 2 1 0 0 1 26 8 0 1041 1116 19 0 2 1 8 0 2 3103 2 7 0 3 24022403 2301 2304 22032202 4 3 0 1 4204 40014002 380 3 35 0 4 34 0 1 1 0 0 4 27 7 5 1108 22039 22001 701 MTR Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.282A 8-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Cliff Stephens ParkACRES: 16.9 Maintenance Area TREATED PERIMETER: 11274 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Cliff_15-14.mxd Del Oro Park BAY S H O R E B L V D SAN JOSE ST SAN PEDRO ST SAN CARLOS ST SAN GABRIEL ST SAN MATEO ST SAN BERNADINO ST 801 5 5 0 800 5 0 0 901 808805 608 6 0 0 33 1 7 33 1 5 33 0 5 33 0 3 33 1 1 33 0 9 33 0 7 33 1 3 33 0 2 33 0 4 33 0 6 33 0 8 33 1 2 33 1 0 33 1 4 33 1 7 33 1 5 33 1 3 33 0 9 33 0 7 33 0 6 33 2 3 33 2 1 1203 3317 1116 1132 1180 33 4 3 33 3 7 33 1 6 33 1 9 33 1 6 33 4 1 33 1 0 33 3 6 33 3 3 33 1 1 330 5 1117 3324 33 2 5 1111 33 0 1 33 1 9 33 3 3 33 0 3 1164 33 0 0 33 0 2 33 1 6 331 8 33 2 3 330 3 33 1 8 33 1 1 33 2 2 33 1 2 3325 33 1 1 330 2 33 3 3 33 1 6 3330 33 3 7 1203 33 1 0 1111 33 5 0 33 1 0 34 1 6 33 3 6 33 0 3 1132 33 3 0 33 1 4 1111 33 2 2 3319 33 4 0 33 1 0 1111 3321 33 4 7 33 3 0 3323 33 1 1 3319 33 3 8 33 0 0 33 2 5 33 4 4 33 5 0 33 0 8 33 1 0 33 1 6 1148 3328 33 2 8 33 1 1 33 4 0 1204 34 0 6 33 3 2 33 4 5 33 2 6 33 1 7 1201 33 2 2 33 3 3 33 5 1 33 0 4 33 4 2 332 0 33 1 7 332 2 33 1 9 33 3 4 33 4 5 S i g n 709 sign 33 1 8 33 0 1 1111 1206 11111111 1111 1111 1111 1111 33 0 1 1111 1202 Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.283B 9-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Cooper's Bayou MitigationACRES: 2.2 Maintenance Area TREATED PERIMETER: 3820 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Coopers_15-14.mxd Eddie C Moore Park Kapok Park BA Y V I E W A V E Mc M U L L E N - B O O T H R D MO S S A V E MERRILL AVE HOYT AVE MISS I O N C I R GRAND VIEW AVE GLEN OAK AVE LAKE VISTA DR KA P O K C I R KAPOK KOVE DR MI S S I O N D R KAPO K K O V E C I R ME L O N W O O D A V E TERRACE VIEW LN ABBEY CT MISS I O N H I L L S B L V D WOLFE RD 928924 920914 906 910 602 600 510 701 708 712 800 806 801 906 908 918 808 800 900 801 807 809 815 901 907911 915 917 501 421 601 923 607 511 707 1106 1100 12181230 1242 1290 1312 12721260 1206 123 6 123 0 122 6 121 8 1210 120 6 1200 1206 1112 1231 1217 1209 1225 1217 1209 1201 28 8 5 1208 1216 1200 1124 1116 1201 1133 1125 1117 1109 1101 1033 1025 1017 1009 1001 29 0 8 29 0 4 29 0 0 29 0 5 29 0 9 29 0 1 29 0 8 28 8 1 29 0 5 29 0 9 29 1 3 29 0 4 29 0 0 120 0 1116 30 1 2 30 1 8 30 0 3 30 5 3 30 6 5 30 7 7 30 5 9 30 1 9 30 1 3 30 0 7 30 0 1 30 4 7 30 7 1 30 2 3 30 4 1 30 3 5 30 7 6 30 7 0 30 6 4 30 5 8 30 5 2 30 4 6 30 4 0 30 1 2 30 1 0 30 0 6 30 4 6 30 5 2 30 3 0 30 6 4 30 5 8 30 7 6 30 7 0 30 4 0 30 3 4 30 0 0 30 2 4 30 0 6 30 1 8 30 1 2 30 7 6 30 7 0 30 6 4 30 5 8 30 5 2 30 4 6 30 4 0 30 7 7 30 7 1 30 5 9 30 4 1 30 5 3 30 4 7 30 6 5 30 7 7 30 6 5 30 5 9 30 3 5 30 4 7 30 3 5 30 7 1 30 4 1 30 8 0 30 7 4 30 7 5 30 6 3 30 3 5 30 4 1 30 5 7 30 6 9 30 8 1 30 4 7 30 5 3 30 4 8 30 4 2 30 3 6 30 3 0 30 2 4 30 2 0 30 1 2 30 0 6 30 4 7 30 4 1 30 3 5 30 2 9 30 2 1 30 1 9 30 1 3 30 0 7 30 0 1 30 6 1 30 5 5 30 4 9 30 4 1 30 3 1 30 2 5 30 4 0 30 7 2 30 6 0 30 5 0 30 4 4 30 3 6 30 3 0 30 2 4 30 0 6 30 0 0 30 8 7 30 7 5 30 3 9 30 3 5 30 5 7 30 2 5 30 3 7 30 4 3 30 3 6 30 5 5 30 6 1 30 6 7 30 7 3 30 7 9 30 8 3 30 4 9 1099 31 0 4 31 0 9 30 3 1 30 2 5 1194 1107 31 0 8 1363 1307 30 8 4 1288 1296 1237 1195 1199 1378 30 4 0 1 1 7 5 1184 30 3 4 1275 1183 1199 1201 1383 1267 1269 1376 1 1 7 1 1189 1388 1267 30 4 0 1381 1273 1301 1277 1388 1292 13891389 1183 30 2 5 31 0 8 1394 1231 1384 1221 1195 1370 1373 30 6 8 1395 1177 1255 1359 1287 1393 122 5 12851281 1190 120 7 30 3 0 1325 1189 1271 1374 1279 1355 31 0 2 1219 1 1 6 7 31 0 9 1279 1369 30 7 6 1351 1398 1359 30 0 0 1382 120 1 1213 1265 1363 1111 1207 30 4 2 1399 1213 1386 30 4 8 121 9 12 0 1 1187 30 2 6 1016 1377 31 0 0 1113 1113 1283 29 5 0 31 0 3 30 4 6 30 7 0 932Elec 1100Traf 401 park 409 ante 916 904 908 912 12121224 1300 1318 12781284 1306 12541266 1200 1236 28 8 0 1200 1216 1233 1224 1132 28 8 1 29 0 1 28 8 0 30 8 1 30 6 9 30 3 3 30 4 5 30 5 1 30 6 3 30 8 5 1196 1284 1280 1 1 7 3 1197 29 9 8 1364 1277 1380 12011286 1181 1390 11911193 1391 31 1 5 1313 1271 1392 1378 1284 1276 1186 1267 1366 1273 1249 1367 1192 1179 1372 31 0 7 1279 1392 1 1 6 5 12611357 1375 12731278 1280 1182 1331 1287 1225 1281 1298 1198 1433 1349 1193 1301 1380 1285 1391 1365 1353 1286 1365 1185 1290 1275 1197 1386 1387 1376 1361 1399 1269 1397 1384 1188 1282 1191 1371 1393 1237 1219 1 1 6 9 1278 1361 1282 1385 1276 1294 1382 1367 1396 1283 1368 31 0 2 1265 1319 1207 1379 1390 Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.282B 8-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Kapok ParkACRES: 12.7 Maintenance Area TREATED PERIMETER: 9294 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Kapok_15-14.mxd Glen Oaks Park DRUID RD COURT ST BE T T Y L N SALLY LN PINE ST TURNER ST ROGERS ST EV E R G R E E N A V E SANTA R O S A S T TURNER ST 605 611 538 700 512 528 532 702 624622 602 516 612 514 534 610 63 2 616 518 618 530 624 615 526 612 63 0 606 610 621 604 622 524 609 620 536 619 614 13 5 0 13 6 7 13 5 5 13 6 5 13 5 1 13 5 9 13 6 1 13 6 5 13 6 3 13 5 5 13 4 5 12 7 3 12 6 2 12 6 5 1292 12 5 9 12 6 8 12 7 4 12 7 7 12 6 3 12 5 3 12 5 6 12 7 1 12 7 0 12 7 5 12 6 6 12 7 6 12 7 9 12 7 6 12 6 7 12 5 4 12 7 2 129 5 12 6 0 12 8 1 12 5 8 12 9 2 1292 13 5 0 12 9 0 1 2 8 5 12 5 9 12 8 7 12 9 4 13 5 2 13 6 4 12 6 9 12 5 2 12 6 9 13 6 0 12 4 5 12 9 0 12 6 3 12 7 3 12 8 3 1280 12 7 7 12 6 9 1 2 6 6 13 6 0 12 5 3 1 2 7 0 1284 1 2 7 5 12 6 6 12 8 1 13 4 8 12 5 7 12 7 2 13 5 6 13 6 4 12 7 3 12 6 7 12 5 5 12 6 9 12 7 4 12 6 6 1 2 7 9 13 5 2 12 8 0 13 5 6 12 8 5 12 6 5 1 2 7 7 12 6 0 12 8 9 13 0 8 1 2 6 8 12 6 7 13 4 8 12 7 1 12 6 1 12 6 4 12 8 0 600Well 13 3 5 E l e c 60012 7 5 12 6 4 12 5 1 12 7 8 12 8 1 12 7 8 12 7 1 12 9 2 12 7 1 12 7 0 12 6 1 12 7 9 12 7 7 12 6 0 12 7 3 12 6 8 12 7 9 Mitigation Site & Wetland Maintenance - RFP15-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.296B 15-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Stevenson Creek and Ponds @ Glen Oaks ParkACRES: 11.6 Maintenance Area TREATED PERIMETER: 6850 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP15-14\Lake_Pond_Maint_FY10_Stevenson_15-14.mxd @BCL@10054D88 Page 1of 4 3/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2014by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Aquagenix/DeAngelo Brothers, Inc., of the City of Jacksonville County of Duval 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: Pond and Channel Maintenance, as defined in RFP 16-14 in the amount of $61,675.65 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted bythe 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. @BCL@10054D88 Page 2of 4 3/25/2014 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 construedas 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 orif, 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 bondor 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. @BCL@10054D88 Page 3of 4 3/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (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 terminationof 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. @BCL@10054D88 Page 4of 4 3/25/2014 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.) ____________________________________ Aquagenix/DeAngelo Brothers, Inc. (Contractor) By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (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). RFP 16-14: POND AND CHANNEL MAINTENANCE Company Project Cost for Year 1 Rating and Ranking Stormwater Parks and Recreation Environmental Management Total Aquagenix $61,675.65 17 16 18 17 68 Aquatic Systems $35,128.00 17 16 18 15 66 Cardno Entrix $64,377.00 18 16 16 15 65 DGC Environmental Services $26,647.00 18 11 12 16 57 Lake and Wetland Management $35,805.20 17 15 18 15 65 TECHNICAL SPECIFICATIONS SCOPE OF WORK Annualcontract for Clearwater Pond and Channel Maintenance(RFP 16-14) The project is for the purpose of controlling nuisance/exotic species in lakes and man-made ponds within the City of Clearwater jurisdiction. Management of this project shall be done in an acceptable manner so as to maintain functioning wildlife habitat as well as being visually acceptable. The program shall be an integrated program that incorporatesthe different treatments available for aquatic systems throughout the City for a period of one year. This may be accomplished with a combination of biological, manual, mechanical, and chemical controls with emphasis on the reduction in the use of chemicals. Maintenance of each of these properties shall be done six to twelve times a year, depending on the site, to provide for a well-balanced and natural habitat. Submission of credentialsfor the certified biologist(s) on staff with a minimum three years experience in their particular trade and who provide a minimum of three references relating specifically to the type of work that shall be performed for thisproject must be included in the bid packet. Work under this contract shall include the furnishing of all labor, material equipment, supervision, transportation and other services necessary to do the required maintenance at the designated areas as specified herein. This contract is performancebased and can be renewed annually for up to four years at the discretionof the City. SPECIFIC CONDITIONS 1.Maintain control of nuisance/exotic vegetation in and adjacent to the City owned lakes and ponds referenced in the List of Waterbodies in Table 1. Site maps are attached delineating the areas of maintenance. Brown lining (intentionally eradicating all vegetation) is prohibited. 2.The contractor shall submit a maintenance program that contains a schedule detailing work protocol that will be followed for the length of the contract within two weeks of the award of contract. Upon approval of the maintenance program by City staff, work shall commence forty-eight hours after approval. 3.Access to all sites shall be the sole responsibility of the contractor. 4.Site must be maintained with less than five percent of nuisance/exotic vegetation. Upon inspection by the City, any site(s) that the City staff deems to contain more than five percent exotic/nuisance vegetation will result in non-payment of services. 5.Contractor shall collect trash and debris in the subject treatment area and dispose of trashat each maintenance event. Proper disposal of collected trash and debris is the responsibility of the Contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City of Clearwater. The Contractor shall report such accumulations of debris when encountered, in a timely manner. 6.Gabion structures/retaining walls (defined as denoted gabion on the site maps) shall be sprayed for any nuisance/exotic species with the appropriate herbicide. Table 1 –List ofWaterbodies Name Location Acreage Lakes and Ponds Lake Hobart Maple Street & Baker Avenue 1.0 Lake Hibiscus Kings Highway & Hibiscus Avenue 2.0 Crest Lake Cleveland Street & Gulf to Bay Blvd.12.8 Terrace Lake Graham Avenue & McKinley St.2.1 Westchester Lake Sabal Springs Drive 1.3 Lake Tangerine Lake Avenue & Lakeview Avenue 0.5 Cypress Bend Pond Cypress Bend Drive 2.6 Hampton Road Pond Hampton Road north of Gulf to Bay 0.3 Sall's Lake 2935 St. Croix (just north side)1.7 Lake Lucille Long Street and Murray Avenue 5.5 Linn Lake Druid Road & Betty Lane 2.6 Rice Lake Belleair Road & Evergreen Street 1.7 Lake Julia Druid Road & Brookside Drive 1.1 Highland Ponds 1310 North Highland Drive 3.4 Arcturas Avenue Pond ArcturasAvenue north of Rainbow Avenue 0.6 Drew Street Pond Drew Street east of Hampton Road 0.5 Golf Course Pond Palmetto Street and North Highland Avenue 1.4 Prospect Lake Prospect Ave. in downtown Clearwater 3.4 Creeks, Channels, and Ditches Tropic Hills U.S. 19 & Harn Blvd. 0.9 Byram Ditch Byram Drive & Kings Highway 1.4 Alligator Creek Channel G Fairwood Avenue & Fairwood Place 0.8 Allen's Creek Nursery Road & Embassy Drive 1.3 Right-of-Ways West Drive West Drive & South Drive 0.3 Florida Power ROW Driftwood Avenue 3.2 Landmark Dr. Area Landmark Dr & Enterprise Rd 1.7 Waterbodies within Parks and Recreational Areas Frank Tack Park Sunset Point Road & Hercules Avenue 1.7 D.D. Davis Park Landmark Drive & Marlo Blvd.0.8 Moccasin Lake Park End of Owens Dr, South of U.S. 590 0.8 Cooper's Bayou Park Bayshore Blvd. & San Bernadino Street 1.5 7.The Contractor shall be responsible for damage caused by the Contractor or his/her employees to any plant material or site feature. The Contractor shall notify the City in writing of the specific nature and cause of the damage and repair such damage at no cost to the City of Clearwater. 8.The Contractor is required to have Florida Workers’ Compensation Insurance applicable to its employees, include Employers’ Liability andsubmit a copy to the City of Clearwater. 9.The Contractor shall install turbidity control in the work area when performing activities that may allow sediment or debris to be discharged downstream. 10.Any proposedchemical treatment must adhere to the following best management practices: a.Follow all specific-labeling requirements. b.Copper-based chemicals are permitted with City approval prior to application. c.Drift retardant and tracing dyes shall be used on all sites at all times for inspection purposes. d.When using herbicide and pesticides that may harm human and/or domestic animals, the Contractor shall notify in advance all homeownersaffected by the treatment. e.All applicators must maintain current licenses from he Department ofAgriculture and Consumer Services for the spraying of herbicides and pesticides on any City owned property and provide copies to the City. 11.The control of nuisance and exotic vegetation shall include the List of Invasive Species from the Florida Exotic Pest Plant Council with any updates to that list (to include Category I and II) and also include the following species listed in Table 2. Table 2 –Additional Species Species Common Name Lemna minor Duckweed Spirodela polyrhiza Giant duckweed Wolffiaspp.Water meal Wolffiella floridana Bog mat 12.All aquatic system maintenance including treatment of depositional areas, spraying of adjacent transitional areas, and removal of trash and debris shall be completed during each maintenance event, with the City being notified with a weekly report of completion by email/mail for inspection. Failure to notify the City for completed work will result in non-payment of services. Some sites may qualifyfor exemption upon prior authorization by the City. 13.Upon receiving notification from the Contractor, the City shall inspect the serviced location within 48 hours following the next business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services invoiced. 14.The Contractor shall maintain individualmonthly maintenance reports which shall include: location treated, type of waterbody treatment, amount of chemical used, immediate adjacent transitional treatment, mechanical equipment used, plant species controlled, ambient weather conditions, mention any trash removed from waterbody, and any relevant information concerning the program, such as recommended actions to be taken. 15.Onecopyof the monthly maintenance reports and treatments schedule for the following month shall be submitted along with the monthly invoice to the City. Electronic submittals are acceptable. 16.Contractor shall provide three copies of an annual report(December –November)in tabular form, with photographic documentation of before and after, summarizing all activities and proposing a list of recommendations to be implemented in the following months and years. This report is due annually on December 1. 17.All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his/her sole direction and not an employee or agent of the City. The Contractor shall supply a list of employee’s credentials and will be required to completeall maintenance work with direct employees of the company. The Contractor shall supply competent and physically capable employees and the City may require the Contractor to remove an employee if deemedcareless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on City property is not in the best interest of the City. 18.The City reserves the right to add/delete a location, area, and frequency of site visitsfrom the Contract upon written notice. Payment for additional site visitswill be based on contractor’s site assessment and quote, with approval by the City. 19.Frequency of spraying/mechanical maintenance shall be done at a minimum of contract requirements per year, per site. 20.The method of payment will be per site per month. Invoices must be submitted with itemizedcost per site on a monthly basis. Payments will be disbursed monthly for this project. SITE SPECIFIC INSTRUCTIONS TheClearwater Pond and Channel Maintenance Contract includestwenty-seven(27)sitesthroughout the City. A list of these sites and treatment frequency are presented in Table 3. Lakes and Ponds Eighteen(18)lakes and ponds are part of the control and maintenance contract. Based on past experiences, eight (8)sites require treatment every month. The remaining ten (10)sites require a monthly assessment to determine the necessary of treatment. These tensites should be treated a minimum of six times a year depending on the need for vegetation control. Creeks, Channels, and Ditches The three(4)linear waterwaysareincluded in this contract.Byram Ditch, Alligator Creek Channel G,and Allen’s Creek, require control and maintenance every month. Tropic Hills requires a monthly assessment to determine the necessity of treatment, but should be treated a six times a year. Right-of-Ways Three (3)areas in or near the right-of-way (ROW) require control and maintenance. West Drive requires a monthly drive-by site assessment to determine the necessity of treatment. This site should be treated a minimum of six times a year depending on the need for vegetation control. The Florida Power ROW and the Landmark Drive Area should be treated monthly. Landmark Drive Area is composed of a stormwater treatment pond, a mitigation area, and an undeveloped area of native vegetation area adjacent to Mullet Creek. All areas are to be maintained to control exotic and nuisance species. Parks and Recreation Areas Fourpark and recreation areas are included in the control and maintenance contract. Frank Tack Park and D.D. Davis Park require a monthly site assessment to determine the necessity of treatment. These sites should be treated a minimum of six times a year depending on the need for vegetation control. The remaining twoparks should be treated monthly. Table 3 –Treatment Frequency Name Acreage Treatment Frequency Lakes and Ponds Lake Hobart 1.0 6x/year Lake Hibiscus 2.0 6x/year Crest Lake 12.8 6x/year Terrace Lake 2.1 6x/year Westchester Lake 1.3 6x/year Lake Tangerine 0.5 6x/year Cypress Bend Pond 2.6 6x/year Hampton Road Pond 0.3 6x/year Sall's Lake 1.7 6x/year Lake Lucille 5.5 6x/year Linn Lake 2.6 1x/month Rice Lake 1.7 1x/month Lake Julia 1.1 1x/month Highland Ponds 3.4 1x/month Arcturas Avenue Pond 0.6 1x/month Drew Street Pond 0.5 1x/month Golf Course Pond 1.4 1x/month Prospect Lake 3.4 1x/month Creeks, Channels, and Ditches Tropic Hills 0.9 6x/year Byram Ditch 1.4 1x/month Alligator Creek Channel G 0.8 1x/month Allen's Creek 1.3 1x/month Right-of-Ways West Drive 0.3 6x/year Florida Power ROW 3.2 1x/month Landmark Dr. Area 1.7 1x/month Waterbodies within Parks and Recreational Areas Frank Tack Park 1.7 6x/year D.D. Davis Park 0.8 6x/year Moccasin Lake Park 0.8 1x/month Cooper's Bayou Park 1.5 1x/month CLEARWATER DUNEDIN SAFETY HARBOR LARGO BELLEAIR 3 10 7 16 4 2 9 11 5 22 1 12 24 27 17 20 18 13 21 6 29 25 23 28 15 14 8 19 Location Map Pond & Channel Maintenance Contract - RFP16-14 Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com SJ N.A.N.A.4/14/2014 Map Gen By:Reviewed By: S-T-R:Grid #:Date: ² N.T.S.Scale: ² N.T.S.Scale: 26 Document Path: V:\GIS\Environmental\RFP16-14\Lake pond channel Maint_location map.mxd MBK Locations 26. Highland Ponds 27. Golf Course Pond 25. Moccasin Lake Park 1. Lake Hobart 2. Lake Hibiscus 3. Crest Lake 4. Terrace Lake 5. Westchester Lake 6. Lake Tangerine 7. Cypress Bend Pond 8. Hampton Rd Pond 9. Sall's Lake 10. Lake Lucille 11. Linn Lake 12. Rice Lake 13. Lake Julia 14. Arcturas Ave Pond 15. Drew Street Pond 16. Prospect Lake 17. Byram Ditch 18. Allen's Creek 19. West Dr 20. Florida Power ROW 21. Landmark Dr Area 22. Frank Tack Park 23. D.D. Davis Park 24. Cooper's Bayou Park 28. Alligator Creek 29. Tropic Hills NURSERY RD EM B A S S Y D R ALEMANDA DR CATALINA DR BARCELONA DR ENVOY CT P O I N C I A N A D R ATTACHE CT IMPERIAL WAY OA K A D I A D R BE V E R L Y D R 1401 1405 1409 1413 1417 1423 1425 1429 1435 1441 1447 1453 1459 1465 20 6 5 20 6 3 20 6 2 20 5 8 20 5 4 20 5 0 20 4 6 20 4 2 20 3 6 20 5 9 20 5 5 20 5 1 20 4 7 20 4 3 20 3 9 20 5 6 20 5 2 20 4 8 20 4 4 20 8 5 20 8 3 20 7 9 20 7 5 20 7 1 20 6 2 20 6 0 20 5 8 20 5 6 20 5 5 20 5 7 20 5 9 20 6 1 20 6 3 20 8 4 20 8 2 20 8 0 20 7 8 20 5 5 20 5 7 20 5 9 20 6 1 20 6 3 20 5 4 20 5 6 20 5 8 20 6 0 21 4 0 21 3 0 21 3 1 1444 21 1 0 21 2 0 21 2 4 21 4 4 21 5 0 21 3 4 21 1 4 21 2 7 21 1 7 21 4 7 21 3 1 21 1 1 21 5 1 21 2 1 21 4 1 21 3 7 21 2 8 21 3 8 21 1 8 21 4 8 21 5 2 21 3 2 21 2 2 21 4 2 21 1 2 21 2 0 21 4 0 21 5 0 21 3 0 21 1 6 21 1 0 21 5 6 21 3 6 21 4 6 21 2 6 21 0 8 21 4 1 21 5 1 21 4 7 21 5 7 21 3 1 21 2 1 21 1 7 21 2 7 21 1 1 21 3 7 1432 1450 1438 21 0 0 1426 1412 1420 1400 1406 20 7 3 1500 15061501 1500 1501 1507 1501 21 0 0 21 5 7 B H 21 5 8 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.316B 24-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Allen's CreekACRES: 1.3 Maintenance Area TREATED PERIMETER: 2716 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Allens.mxd Cliff Stephens Park FA I R W O O D A V E FAIRWO O D P L FA I R W O O D F O R E S T D R FAIRWOOD LN 575 601 703 64 5 710 76 0 767 76 8 705 78 7 702 605 697 813 749 6 2 9 719 79 5 718 66 1 733 706 6 2 5 78 9 701 6 2 1 741 771 681 730 783 817 75 6 700 685 709 745 77 2 75 2 7 8 1 708 76 4 79 7 77 6 734 79 1 64 1 777 66 5 716 729 731 735 714 739 6 2 8 900 721 757761 725 763 726 67 3 6 1 7 78 0 6 3 3 715 80 3 65 3 742 613 737 711 6 2 0 79 9753 64 9 80 1 773 769 723 601 779 7 8 5 775 65 7 809 722 765 609 712 693 704 689 759 743 707 751 738 805 66 9 747 717 727 6 2 4 755 79 3 746 713 22159 21979 22021 21981 21999 21961 22019 22041 22039 22001 21959 701 MTR 501 565 615 677 6 3 7 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.316B 24-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Alligator Creek Channel GACRES: 0.8 Maintenance Area TREATED PERIMETER: 4343 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Alligator.mxd CO M E T A V E ME T E O R A V E CO R O N A A V E RAINBOW DR AR C T U R A S A V E CLEVELAND ST PE G A S U S A V E 99 5 6 5 9 1 6 3 775 8 9 6 8 9 7 8 9 5 9 8 75 9 6 17 15 16 10 12 14 15 15 16 12 18 14 20 1615 12 10 1717 15 15 19 10 17 19 12 10 20 19 15 19 18 11 14 20 10 10 15 15 18 16 19 14 304 306 200 308 219 105 101 108105 309 204 210 107 109108 215 303 304 102 305 208 219 305 212 204 100 306 109 305 211210 302 308 205 212 101 115 205 306 100 208 106 200 103 211 209 115 105 205 110 309 215 208 200 200 101 300 203 212 201 102 215 112 207 300 302 110 308 301 214 210 304 105 301 210 302 109 109 111 201 304301 100 306 204 201 100 102 216 201 105 209 300 214 303 301 114 307 19 2 9 19 4 1 18 2 5 18 4 5 19 1 5 19 2 7 19 1 9 19 2 5 19 2 5 18 4 7 19 2 6 19 1 8 19 3 0 19 3 9 18 4 9 19 3 0 18 4 5 306B 18 5 1 304B 18 4 1 18 4 3 19 1 3 19 2 9 19 1 0 19 0 4 19 1 2 19 0 0 19 4 0 19 1 5 19 1 8 19 4 0 19 2 6 19 0 3 19 1 7 301 303 305 307 103 305 18 3 1 306A 304A Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.289A 13-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Arcturas Ave PondACRES: 0.6 Maintenance Area Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Arcturas.mxd TREATED PERIMETER: 593 Lineal Ft/ KI N G S H W Y BYRAM D R AL P I N E R D RI D G E L A N E R D CA R L O S A V E EV E R G R E E N A V E FREEDOM DR FL O R A R D BA R B A R A A V E WOODLAWN TER RIDGELANE CIR 2000 1980 1950 1938 1956 19441943 1937 1956 1950 1944 1938 1938 1932 1944 1950 1 4 6 4 1 4 5 7 1 4 4 7 1 4 2 1 14 0 1 1 4 6 4 1 4 5 6 1 4 5 0 1 4 4 6 1 4 3 0 1 4 6 0 1 4 6 2 1 4 5 8 1 4 3 6 14 5 9 14 5 5 14 5 1 144 7 14 0 9 2007 2011 2023 2029 2018 2017 2006 2012 2018 2024 14 5 6 14 6 0 14 5 5 14 5 6 146 2 2036 2030 2035 20362035 1 4 6 1 1 4 6 3 1 4 6 6 20 0 1 14 6 1 2010 1943 1937 1937 1949 1470 14 0 0 1937 14 0 8 1999 1943 1955 1949 14 2 2 1949 1965 1931 1931 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.252A 2-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Byram DitchACRES: 1.3 Maintenance Area TREATED PERIMETER: 1375 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Byram.mxd Del Oro Park BA Y S H O R E B L V D SAN JOSE ST MA X I M O A V E SAN PEDRO ST SAN MATEO ST SAN BERNADINO ST 801 700 908 5 5 0 800 551 5 0 0 901 451 900 808805 608 701 6 0 0 33 4 3 33 3 7 33 1 9 33 4 1 33 3 6 33 3 3 33 1 1 33 2 5 32 6 9 33 0 1 33 3 3 33 0 3 33 0 0 32 6 8 33 1 6 33 2 3 33 1 8 33 1 1 33 2 2 33 1 1 33 3 3 33 3 7 33 1 0 33 5 0 33 1 0 33 3 6 33 0 3 33 3 0 33 4 0 33 4 7 32 6 7 33 3 0 33 1 1 32 7 5 32 6 8 33 0 0 33 2 5 32 7 2 32 7 3 33 1 0 33 1 6 32 7 3 33 2 8 33 4 0 33 4 5 33 1 7 33 2 2 33 3 3 33 5 1 33 4 2 33 1 7 33 1 9 33 3 4 33 4 5 S i g n 709 sign Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.283B 9-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Cooper's Bayou ParkACRES: 1.5 Maintenance Area TREATED PERIMETER: 1237 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Coopers.mxd Crest Lake Park LA K E D R LAURA ST HI G H L A N D A V E GL E N W O O D A V E CLEVELAND ST GULF-TO-BAY BLVD HARVARD ST YE L V I N G T O N A V E RAINBOW DR DARTMOUTH ST CR E S T A V E FRANKLIN ST LA K E A V E SK Y V I E W A V E CR E S T A V E 5 4 4 7 7 2 9 5 9 5 8 1 6 24 10 10 20 1111 1011 10 14 1010 21 16 419 509 510 511 511 333 331 325 323 317 315 311 305 301 408 332 324 320 300 318 306 400 509 507 204 108 301 201 212 105 211 306 108 314 343 308 205 206 215 207 115210 300 120 510511 404 106 404 337 511 301 105 400 510 213 512 206 116 510511 400 108 309 403 208211 115 405 201 202 511 401 312 114 105 403 209 315 101 215 107 112 214 15 0 1 15 2 5 15 1 9 15 3 5 15 5 5 15 5 1 15 0 2 15 0 4 15 1 5 15 0 6 16 3 7 16 3 1 16 1 7 16 1 1 16 0 7 16 2 7 16 0 1 16 2 5 15 7 5 15 6 3 15 5 9 15 6 9 14 9 4 14 9 5 16 3 4 16 3 6 16 1 6 16 1 4 15 4 9 15 2 7 15 2 1 15 4 1 15 3 9 14 9 5 16 0 9 16 0 1 16 2 5 16 2 1 16 0 5 16 3 1 16 1 5 16 2 9 16 2 1 16 2 8 16 3 7 15 1 6 16 0 0 15 1 1 1635 16 3 9 15 0 0 16 1 8 16 2 3 16 2 4 16 1 2 15 0 9 15 6 3 15 2 4 14 9 4 16 3 0 1632 16 2 8 16 1 5 15 5 0 16 3 4 16 0 4 16 1 6 16 2 9 16 1 7 16 2 8 15 1 0 16 1 2 1502 16 1 0 16 1 2 16 2 4 16 1 9 16 1 4 16 2 0 16 3 2 16 1 0 16 3 0 15 5 6 16 0 8 16 3 5 15 2 0 16 0 6 16 3 2 15 3 6 15 1 2 16 3 3 15 6 0 15 1 1 16 0 8 16 3 3 15 0 1 15 0 5 15 6 6 15 7 0 16 0 0 16 0 8 15 4 0 16 2 2 16 2 0 15 2 8 16 1 6 16 3 4 16 2 6 16 2 0 16 2 4 16 1 4 16 2 7 15 4 4 16 1 1 16 3 8 15 2 0 16 2 0 110 wm 200 wm 205 LS 501Traf 203 wm 14 9 9 T r a f 15 1 5 W e l l 15 7 1 W e l l 15 9 8 T r a f 15 6 0 S i g n 201 Park 9 6 514 110 304 104 205 208 406 110 401 310 100 15 0 0 16 2 3 16 2 1 15 7 3 14 9 6 16 1 8 15 5 1 15 3 1 15 4 3 15 4 5 14 9 7 16 0 3 15 2 4 16 1 2 16 2 4 15 2 8 15 6 8 15 7 0 16 0 4 16 2 3 16 2 0 15 4 4 16 1 3 15 5 4 15 1 0 15 6 6 15 5 0 16 2 6 15 6 0 16 2 6 16 1 6 16 1 0 16 1 4 14 9 6 15 0 4 16 1 3 16 2 8 16 0 2 16 0 6 16 2 6 16 2 2 15 3 2 15 3 8 16 3 2 15 2 0 16 2 9 15 0 8 16 3 0 15 3 6 16 0 8 16 0 6 16 1 2 16 2 5 A 16 2 3 A 16 2 1 A 16 2 7 A 15 0 2 - A 15 0 4 - A Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.288A 14-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Crest LakeACRES: 13.0 Maintenance Area TREATED PERIMETER: 3014 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Crest.mxd ENTERPRISE RD FRI S C O D R ANDERSON DR WI N D I N G W O O D D R GLORIA CT DO G W O O D C T CY P R E S S B E N D D R COTTONWOOD CT MARRI E C T SAND HOLLOW CT 28 2 2 2 8 1 6 2 8 1 0 27 1 4 2801 2 8 0 0 280 6 281 2 2522 2528 282 4 2 8 0 2 28 1 4 28 3 8 28 3 2 28 2 6 28 2 0 27 9 0 27 8 4 27 7 8 2796 27 9 7 27 9 1 27 7 9 27 8 5 27 8 0 27 8 6 27 9 2 2798 27 9 9 27 9 3 27 8 7 27 8 1 2661 2655 2649 2643 2637 2631 26 2 5 2 6 1 9 2501 250 0 26 0 7 2518 2512 2506 2509 2503 2515 2719 2717 2 7 1 5 2 7 1 3 27112709 2707 2705 2 7 0 3 2 7 0 1 27232721 27392737 273 3 273 5 27312729 2727 2725 274 7 274 5 2743 2741 2761 2763 275 9275 7 27552753 27492751 276 9277 1 27652767 27202722 270 2 270 0 2706 2704 2708 2710 271 2 271 4 2716 2718 2768 2770 27 2 6 27 2 4 272 8 275 0 273 0 274 8 27322734 27542752 27 5 6 27 5 8 27 3 6 27 3 8 2760 2742 2762 2740 2766 27442746 2764 27 3 7 27 3 9 27 1 9 27 1 7 27 1 5 27 1 3 2733 2735 2731 27112709 2729 27 2 7 27 2 5 27 0 5 27 0 7 27 0 3 27 0 1 2747 2745 2741 27232721 2743 27632761 27 5 9 27 5 7 27552753 27492751 27 6 9 27 7 1 27652767 2742 2740 272 0272 2 2724 2609 2611 2561 2563 25 8 5 25 7 9 25162510 26 9 1 26 8 5 26 7 9 26 9 7 28 2 9 28 3 5 28 1 5 28 3 3 28 2 1 28 2 7 2588 2582 2576 2564 2570 2594 28 2 2 28 3 4 28 2 8 2538 2544 2558 2557 2527 2533 2539 2545 2551 2534 2540 2552 2546 281 3 282 5 281 9 28 0 7 28 1 3 2513 2507 2501 2495 2489 2 8 4 6 2 8 4 1 2 8 3 52804 28 2 3 28 1 7 28 1 1 2519 2507 25252521 2513 2519 26 9 2 28 0 8 27 8 4 W e l l 26 1 3 26 0 7 25 7 3 28 3 9 2 8 4 7 2525 2 4 8 3 W M Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.222A 29-28s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Cypress Bend PondACRES: 2.6 Maintenance Area TREATED PERIMETER: 2198 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_CypressBend.mxd D D Davis Park MARLO BLVD BA R T O N L N PIN OAK DR LA N D M A R K D R ST E V E N S T LA U R E N L N OAK COVE DR RENAISSANCE DR PI N O A K L N PATRICK PL SH A D E T R E E L N 29 7 3 29 6 7 2357 2363 30 5 6 30 7 8 2245 2258 2270 30 2 4 30 3 0 30 3 6 30 4 2 30 4 8 30 4 9 30 4 3 30 3 7 30 2 5 30 1 9 30 1 3 30 0 7 30 0 1 2310 2316 2328 2322 303 3 303 9 30 4 5 2323 2329 303 8 304 4 23252324 2330 30 5 7 30 6 3 30 6 9 30 7 5 2303 2309 2315 23212320 2314 30 6 2 2331 307 3 306 7 306 1 306 6 2351 2357 2363 2369 2356 2362 2368 2349 2355 2361 30 4 7 30 4 1 30 3 5 30 2 3 30 2 9 2347 2359 2353 2346 2352 2358 2364 30 4 6 30 6 2 2270 30 4 9 2307 2312 30 6 7 30 7 3 30 7 9 30 9 1 30 8 5 30 6 8 30 7 4 30 8 0 30 8 6 2256 2243 2250 2244 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 2273 30 1 8 30 2 4 30 3 0 2276 29 6 6 2327 23672370 30 4 0 30 3 4 30 2 8 30 2 2 30 1 6 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.234A 33-28s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: DD Davis ParkACRES: 0.8 Maintenance Area TREATED PERIMETER: 1010 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Davis.mxd Eddie C Moore Park DREW ST BA Y V I E W A V E 29 8 5 30 3 0 29 9 4 29 9 8 29 8 2 B U S 29 9 5 P h 2 bus shel 29 2 1 B U S 135 PSTA Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.282B 8-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Drew St Pond ACRES: 0.6 Maintenance Area TREATED PERIMETER: 651 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_DrewSt.mxd US 1 9 BURNICE DR CA R A C A S A V E BRENTWOOD DR FR U I T L A N D A V E DR I F T W O O D A V E EV E R G L A D E S A V E BU R M A A V E TROPIC HILLS DR 199 198 197 196 195 24 9 6 25 5 0 24 9 3 24 9 1 24 8 9 24 8 5 1289 24 8 1 24 7 7 24 7 3 24 7 5 24 9 4 1236 1230 1272 1285 1263 24 7 6 1258 1265 1271 1247 12311240 1241 1260 25 3 5 1259 24 9 8 1234 1266 25 2 4 1209 1259 1229 1290 1270 1247 1219 25 4 1 1265 1255 1252 12771276 1224 1278 1260 1264 12881282 1242 25 2 2 12821285 1237 1284 24 7 8 1246 1255 25 3 4 1285 25 5 9 1217 1288 1246 1223 25 4 9 25 4 8 25 4 8 1225 1216 1230 1222 1283 1229 1258 1243 1217 24 9 0 1217 1292 1222 1283 25 4 0 24 7 7 1214 25 1 6 1273 1247 1207 25 2 9 25 6 5 25 2 1 1272 1253 24 7 4 1216 1258 1284 1269 1279 1241 1252 1213 25 5 3 1244 2544 1218 1289 1271 1277 1267 1259 1223 1265 1233 1275 1212 1254 1235 1235 25 4 7 12831291 1217 25 2 3 1270 24 8 2 1273 24 8 1 1269 1261 1255 1266 1253 1210 25 2 3 1228 1215 1225 1276 24 8 6 1238 20000 19936 20060 19740 19593 19505 19500 19666 19850 19820 1248 1264 24 7 2 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.309B 19-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Florida Power ROW PondsACRES: 3.2 Maintenance Area TREATED PERIMETER: 3358 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_FloridaPower.mxd ISLAND AS NEEDED Frank Tack Park HE R C U L E S A V E MONTCLAIR RD SUNSET POINT RD SUNSET GROVE LN SUN TREE DR RA D C L I F F E D R EAST CT BARRINGTON DR SUN TREE CIR SU N T R E E B L V D WEST CT CENTRAL CT CH A T H A M C T 20 6 2 20 6 8 20 7 4 20 8 0 1956 1962 1968 1983 20 3 4 20 2 2 20 1 6 1989 1985 1969 1 9 7 4 1946 1950 201 0 1938 1968 20 7 6 20 5 4 20 5 2 20 5 8 1909 1905 1903 20 2 8 2005 2004 2003 2000 2001 19 6 9 19 7 5 19 8 1 2004 2010 20 6 0 20 5 6 20 7 8 20 6 6 20 7 0 20 6 8 20 7 2 1999 20 7 6 20 6 4 20 7 0 20 8 2 1977 1971 1965 20 8 6 20 7 5 20 6 9 20 8 1 20 6 7 20 6 3 20 7 3 20 8 5 20 7 9 1998 1980 1986 1974 1992 20 6 5 20 5 9 20 7 7 20 7 1 20 9 1 19 9 0 1940 1942 1872 1890 1886 1880 19 7 1 19 6 6 19 7 2 19 7 8 19 8 4 19 9 0 19 9 4 19 9 8 1979 1973 1967 19 9 1 19 8 5 19 7 1 19 7 9 19611962 1968 1962 1974 1961 19 8 7 19 9 1 19 6 7 19 6 3 19 8 3 19 7 5 19 7 9 20 4 9 20 4 7 1965 19 8 4 1934 20 7 0 20 7 8 20 5 2 20 5 0 20 6 8 20 6 6 20 4 4 20 7 2 20 7 6 20 6 2 20 4 6 20 8 0 20 7 4 20 1 8 20 1 6 20 2 2 20 3 8 20 3 2 20 2 0 20 0 2 20 0 8 20 0 6 20 4 0 20 1 2 20 1 4 20 3 6 20 3 0 20 2 4 20 2 8 20 8 6 20 8 8 20 8 1 20 7 9 20 6 1 20 6 7 20 4 9 20 4 5 20 4 3 20 6 3 20 5 1 20 4 7 20 8 7 20 0 1 20 2 7 20 3 1 20 1 3 20 3 3 20 3 7 20 0 9 20 2 9 20 3 9 20 7 7 20 7 3 20 0 7 20 7 5 20 1 5 20 2 3 20 8 3 20 1 7 20 0 5 20 2 5 20 6 9 20 1 1 20 2 1 20 1 9 1941 1967 19 8 0 20 8 9 1881 B7 1881 B61881 B9 1881 B8 19 7 0 G . T 20 0 1 T r a f 1998Traf 20 4 6 S V C 20 4 8 W e l l 20 5 5 B 3 9 20 9 5 B 2 5 20 5 5 B 3 7 20 9 5 B 2 4 20 9 5 B 2 3 20 9 5 B 2 2 20 9 5 B 2 1 20 9 5 B 2 0 20 9 5 B 1 9 20 9 5 B 1 7 20 9 5 B 1 8 20 9 5 B 1 6 20 5 5 B 3 8 1881 B141881 B13 1881 B12 1881 B11 1881 B10 20 5 5 B 4 0 1881 B15 19481944 20 6 4 19 6 9 19 6 7 19 7 1 20 6 4 20 4 2 20 4 8 20 1 0 20 0 4 20 3 4 20 2 6 20 8 4 20 8 2 20 4 1 20 6 5 20 0 3 20 3 5 20 8 5 20 7 1 20 6 2 20 7 4 20 5 3 R e c Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.253B 1-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Pond @ Frank Tack ParkACRES: 1.7 Maintenance Area TREATED PERIMETER: 2016 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_FrankTack.mxd HI G H L A N D A V E PALMETTO ST GL E N W O O D A V E HIBISCUS ST WALNUT ST BONAIR ST PALM T E R R A C E D R ELMWOOD ST LEVERN ST FLA G L E R D R MA R I V A A V E ROSEMERE RD SMALLWOOD CIR HIBISCUS ST ROSEMERE RD 710712714716718720722 724 726728730 732 709 707707 715 615 617 609 626 915 714 706 616614 801 915 610 916 604 612 621 910 615 717 623 800 815 901 617 608 700 619 814 609 618 15 0 5 15 1 5 15 1 9 15 2 5 15 2 8 15 2 4 15 1 0 15 0 0 15 3 3 15 2 5 15 2 1 15 1 5 15 0 9 1005 15 2 6 15 2 0 15 1 4 15 0 8 15 0 2 14 7 5 1007 14 5 5 15 1 6 1460 14 7 4 1003 14 2 8 15 0 0 15 0 0 14 1 8 1009 14 5 0 15 1 4 15 0 1 15 2 4 14 2 5 14 4 2 1011 14 4 1 1005 1460 1460 14 3 0 14 4 2 14 3 4 14 5 0 15 0 0 1010 1500 14 3 3 14 6 0 1460 14 5 4 14 1 7 14 1 8 14 2 8 14 6 6 704Well 608 15 2 8 15 2 4 15 2 0 15 1 0 14 6 3 14 4 5 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.314B 22-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Golf Course PondACRES: 1.4 TREATED PERIMETER: 1242 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Golf.mxd Maintenance Area DA V I D A V E HA M P T O N R D GULF-TO-BAY BLVD SK Y H A R B O R D R GRA N D R E S E R V E C I R 7 404 407 328 320 316 312 308 300 220 208 200 216 324 204 212 304 118 122 118 114 110 106 107 325 413 205 313 321 535 401 301 221 375 543 309 201 317 213 217 305 209 119 28 1 0 28 1 3 28 1 1 28 0 9 28 0 5 28 0 3 28 0 1 27 9 9 27 9 7 27 9 5 27 9 3 27 9 1 27 8 9 27 8 7 27 8 5 27 8 3 27 8 1 28 1 5 27 7 9 270 7 271 5 271 8 271 2 27 6 5 27 6 8 27 6 0 27 5 7 28 5 4 28 0 0 28 3 8 27 7 2 28 1 5 28 2 0 28 1 7 350Bus 355Bus 28 2 1 A T M 27 9 8 T r a f 27 5 6 T r a f 27 9 0 A - I 27 9 4 A - H 28 0 7 270 6 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.291B 17-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Hampton Rd Pond ACRES: 0.3 Maintenance Area TREATED PERIMETER: 438 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Hampton.mxd HI G H L A N D A V E PALMETTO ST KI N G S H W Y HIBISCUS ST PINEBROOK DR PA L M T E R R A C E D R ADMIRAL WOODSON LN HIBISCUS ST HIBISCUS ST 916 14 7 5 13 7 8 13 8 2 13 7 7 13 8 1 14 0 9 1007 14 5 5 1460 1013 14 7 4 14 0 2 14 7 7 14 0 8 14 3 5 13 7 7 1003 14 4 1 14 2 8 14 6 4 14 7 6 14 1 1 14 1 6 14 5 2 13 8 8 14 0 1 14 1 8 14 5 8 14 2 9 14 6 5 1009 14 5 6 14 5 0 14 9 6 14 8 0 13 9 6 14 6 5 14 7 7 14 6 0 14 1 0 14 0 4 14 1 0 14 5 3 14 8 2 14 7 1 14 3 7 14 4 0 14 2 5 14 3 4 14 0 1 14 7 0 14 4 2 1011 14 1 6 14 8 5 14 5 9 14 4 1 1210 14 0 4 14 3 5 14 8 8 1005 1460 1460 14 3 0 14 4 2 14 5 2 14 2 3 14 5 9 14 3 4 14 5 0 14 0 0 14 4 6 14 5 8 14 0 1 14 8 2 13 8 9 14 0 9 1019 14 3 9 14 3 2 14 2 3 1010 1500 14 1 0 14 7 1 14 2 2 13 8 1 14 7 6 14 4 1 14 3 3 14 7 0 1021 14 2 8 14 3 3 14 4 5 14 2 0 14 1 7 14 2 9 14 6 0 14 4 7 14 3 0 14 4 6 1017 14 6 4 1460 14 4 0 14 5 4 14 1 7 14 1 8 14 2 8 14 6 6 732 13 7 6 1271 14 6 3 14 8 5 14 4 5 14 1 7 126714 8 4 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.270A 11-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake HibiscusACRES: 2.0 Maintenance Area TREATED PERIMETER: 1857 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Hibiscus.mxd KI N G S H W Y HI G H L A N D A V E OVERLEA ST PINEBROOK DR WOODBINE ST CA R L O S A V E ADMIRAL WOODSON LN BA R B A R A A V E SPRINGDALE ST PA L M T E R R A C E D R FL A G L E R D R 14 5 3 14 5 8 14 0 9 14 6 5 1271 1431 1406 1013 14 7 4 14 0 2 14 7 7 14 4 7 14 5 9 14 6 4 1413 1013 1407 14 3 5 1401 14 9 8 14 4 1 14 2 8 1412 14 6 4 14 2 9 14 7 6 1509 1421 14 1 1 14 1 6 1500 14 1 9 14 5 2 1310 14 6 5 1419 1418 14 4 0 14 7 1 14 1 8 14 3 4 14 7 9 14 5 8 1500 14 4 6 14 2 9 14 7 0 14 6 4 14 2 9 14 0 8 14 4 1 14 6 5 1501 14 4 0 14 0 0 14 5 6 1409 14 5 0 14 9 6 14 8 0 1311 14 4 3 1501 14 6 5 14 7 1 14 7 7 14 6 0 14 1 0 14 3 7 14 0 4 14 1 0 14 5 3 14 4 0 1400 1412 14 8 2 1437 1425 14 7 1 14 5 2 14 1 1 14 5 2 1317 1506 14 3 7 1425 14 4 0 14 3 4 14 0 1 14 5 8 14 4 7 14 7 0 14 7 0 14 3 5 14 4 1 13 8 0 1314 1327 14 4 6 1424 14 5 8 1331 1011 14 1 6 14 8 5 14 5 9 1418 14 2 8 14 3 5 14 8 8 1408 14 3 4 14 4 2 14 5 5 141914 3 4 14 5 2 1436 1430 14 2 3 14 5 9 14 3 4 1301 1601 14 8 6 14 6 4 14 0 0 14 4 6 14 5 8 14 0 1 14 8 2 1333 1019 14 3 1 14 3 9 14 3 2 14 2 3 1436 14 2 8 1010 14 5 9 1429 14 1 0 14 3 5 14 7 1 14 2 2 1500 1267 14 6 7 14 4 6 14 7 6 14 8 4 1437 14 4 1 14 7 3 1349 14 5 2 14 7 0 1408 1315 1325 1201 1021 14 2 8 14 3 3 14 4 5 14 2 8 14 2 5 14 2 0 14 1 7 1507 14 2 9 1443 1428 14 5 3 1431 1503 1430 14 6 0 14 4 7 14 3 0 14 4 6 1017 14 6 4 14 4 0 14 0 7 1407 14 4 9 14 6 1 14 9 3 1422 14 6 6 1413 1329 13 8 1 14 7 1 14 2 9 1512150614 6 5 14 5 3 14 4 1 14 7 0 1501 14 4 7 1424 14 5 9 13 7 1 1513 14 8 5 14 3 5 1345 14 1 7 14 8 5 13 6 8 1275 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.270A 11-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Highland Ponds ACRES: 3.4 Maintenance Area TREATED PERIMETER: 2837 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Highland.mxd CA S L E R A V E R I C H A R D S A V E RIDGEWOOD ST BA K E R A V E HO B A R T A V E DU N C A N A V E CASLER CT KARLYN DR ELMWOOD ST KENNETH PL MAPLE ST RICHARDS CT 320 314 415 409 401 408 414 500 508 514 518 4 2 5 404 414 416 4 4 0 900 511 515 525 555 585 615 570 600 630 660 700 730 760 651 681 711 741 775 307 801 419 315 713 315 405 522 305 504 529 704 525 5 3 4 712 709 412 508 304 401 605 327 405 518 515 403 409404 600 601 306 503 701 415 321 411 507 800 505 713 709 501 705 417 604 708 5 2 6 609 315 400 505 412 315 411415 519 509 408 705 405 16 2 9 16 5 9 16 3 9 16 4 5 17 0 0 16 5 4 16 5 2 1650 165 1 16 5 3 16 5 5 16 5 7 16 0 9 16 1 4 16 1 1 17 1 6 16 1 9 16 4 0 16 3 0 16 0 5 16 1 0 17 1 8 17 1 0 16 2 0 16 1 3 16 1 0 16 1 6 16 1 0 800804 530 304 305 16 0 6 16 1 5 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.279B 11-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake HobartACRES: 1.0 Maintenance Area TREATED PERIMETER: 1400 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Hobart.mxd Clearwater High School DRUID RD MAGNOLIA DRRE G E N T A V E RIPON DR OX F O R D D R SE V A R D A V E WE L L I N G T O N D R B R O O K S I D E D R AR C T U R A S A V E WI L L O W B R A N C H A V E SH A D Y L N OAK LAKE DR BR O O K S I D E D R 801804 800 992 820 821 817 815 805 809 808 800 80 6 815 715714 709708 705704 701700 617618 615614 609608 605604601 600 533 531530 527526 909 905 901 80 9 80 7 908 904900 812 709 813 804 800 821 809 909 905 812 901 804 905 812 800 904 717 908 808 804 808 721 805 813 808 820 808 817816 824 705 900 901 805 809 904904 808 900 805 901 809 703 713 905 900 801 813 19 3 9 19 4 3 19 3 1 19 5 1 19 3 5 19 4 7 19 1 5 19 2 3 19 0 5 18 6 5 18 4 2 18 4 5 18 6 0 18 4 6 1021 1115 1010 11091108 1005110411001001 18 4 1 18 4 7 1011 1015 1005 1010 1004 1020 1005 1011 1019 18 6 8 18 5 8 18 4 8 1010 18 4 0 1113 19 4 1 1000 19 5 0 1100 19 1 5 1004 19 4 5 19 1 5 19 2 5 184 6 19 4 0 18 7 0 19 3 0 19 2 4 19 1 6 1001 19 3 1 19 2 7 19 4 5 19 4 0 19 3 0 1012 19 6 0 1000 19 4 4 1005 1008 1008 19 4 4 1004 1104 18 4 0 19 5 0 19 1 1 1105 1005 18 3 0 1004 18 8 0 1101 1005 19 3 0 18 6 0 1000 19 5 1 1001 18 4 5 19 1 8 18 3 0 18 3 3 1009 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.298A 13-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake JuliaACRES: 1.1 Maintenance Area TREATED PERIMETER: 1784 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Julia.mxd LA N D M A R K D R ENTERPRISE RD HI L L C R E E K C I R OAKBROOK CIR SABER DR 2449 2465 2461 2475 2471 30 2 9 30 2 1 30 0 5 30 0 1 30 0 3 29 7 1 2398 2399 2422 2428 2417 2423 2411 2405 2429 2435 2441 29 7 0 29 6 4 2416 2410 29 6 8 29 6 2 3082 3090 3086 3078 30 2 7 30 2 3 30 1 9 30 5 5 30 5 9 30 6 3 3083 3087 3091 3042 3038 3034 3030 3026 30 4 6 30 5 0 30 5 4 30 5 8 30 6 2 30 7 0 30 6 6 3074 30 1 8 30 1 2 30 0 6 30 0 0 30 0 0 30 2 4 2447 25 0 8 c 25 0 8 b 25 1 0 c 25 1 0 a 25 1 0 d 25 0 8 a 30 0 7 T r a f 25 1 0 f 25 0 8 d 25 1 0 e 25 1 0 b Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.234A 33-28s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Landmark Dr AreaACRES: 1.7 Maintenance Area TREATED PERIMETER: 2190 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Landmark.mxd BE T T Y L N DRUID RD BARRY ST JEFFORDS ST MA R K D R TUSCOLA ST CH E S T E R D R HI L L C R E S T A V E EV E R G R E E N A V E LOTUS PATH MAGNOLIA ST JA S M I N E W A Y FO R R E S T H I L L D R LOTUS PATH HI L L C R E S T A V E LOTUS PATH 812 813 907 905 901 805 809 805 910 906 812 809807 900 904 800 901 914 805 814 805 900 911 914 818 808 800 901 915 806 914 901 912 817813 913 816 809 902 813 920 800 818 805 912 913 814 909 813 916 801 810 808808809 817 813 906 910 804 902 901 803 804 905 819 909 817 913 809 817 905905 814 915 815 903 902 910 909 908 904 804 803 1010 12 9 4 12 9 6 12 8 7 12 9 1 12 9 3 12 9 5 14 0 8 13 6 8 14 2 7 14 2 5 14 2 1 14 0 9 14 1 5 14 0 1 14 1 9 14 3 1 14 1 7 14 2 6 14 2 0 14 1 8 14 1 4 14 0 6 14 0 4 14 0 0 1436 1434 1430 1422 1418 1423 1427 1431 1435 14 0 1 14 2 5 14 1 9 14 1 3 14 0 7 14 0 1 14 3 0 14 0 3 14 0 5 14 2 6 14 2 8 14 1 1 13 1 4 14 0 6 13 2 5 1009 13 2 5 13 0 4 13 5 1 1005 12 9 5 13 3 0 13 1 7 1211 1100 13 3 7 13 4 1 13 2 8 12 8 8 1240 1210 1000 13 7 5 13 5 0 102 4 1100 14 0 1 13 7 0 12 8 8 1234 1100 13 6 7 13 7 4 1200 13 2 4 12 8 7 1220 1235 1001 13 6 4 13 2 5 10041015 13 6 3 1013 1226 13 1 3 12 8 8 1211 13 7 5 13 7 1 1008 13 2 9 13 4 8 13 3 4 1101 13 2 1 1230 1230 1105 1211 13 5 0 1001 1221 13 5 9 1362 13 2 4 1008 1004 13 0 9 13 3 0 1227 12 9 6 1000 13 0 5 13 2 9 13 7 1 13 2 1 1106 1231 13 1 2 13 5 1 13 3 1 1220 13 6 6 13 5 4 1201 14 1 0 1221 1238 1241 1016 13 1 1 13 5 2 1108 13 5 5 13 0 4 13 2 1 1210 1017 1008 1009 13 6 5 14 1 1 1101 12 8 7 14 0 6 1012 13 2 9 1009 13 5 8 1231 13 3 5 13 4 3 14 1 2 1004 1240 13 2 0 13 5 9 1000 13 1 5 13 6 2 1001 1020 13 7 0 1009 14 1 2 13 5 8 12 9 2 13 7 1 13 0 0 1101 13 4 8 13 7 5 13 5 9 1012 13 4 9 1004 12 8 9 13 4 3 1012 13 1 3 1230 13 2 0 13 6 3 12 9 3 1201 13 5 4 14 0 7 13 1 2 13 2 8 13 6 3 13 1 6 1005 12 8 9 1001 13 7 4 1231 13 6 2 13 6 7 12 9 1 13 1 6 12 9 7 13 0 5 13 0 4 1013 13 0 5 13 0 1 13 5 3 13 0 8 1353 14 0 7 14 0 6 13 4 4 13 7 5 13 0 9 13 4 4 14 0 9 13 2 0 12 8 2 14 1 2 13 6 2 13 0 8 13 1 1 13 7 0 13 6 7 13 6 6 13 4 2 1005 13 2 4 1017 1008 1239 13 1 0 13 7 1 13 5 5 13 5 5 13 6 6 1000 1100 1005 13 1 7 14 0 5 A 14 0 0 A 900 814 911 12 9 2 12 8 9 12 9 7 14 0 7 14 3 0 14 2 4 14 1 6 1241 14 1 4 13 7 2 12 9 0 13 5 2 12 8 6 13 6 4 12 9 0 14 0 0 13 7 4 14 1 5 14 1 0 13 6 0 12 8 6 14 1 4 12 9 2 13 4 8 13 7 0 13 5 6 12 8 9 12 9 0 12 9 4 12 8 5 14 0 4 12 9 1 12 9 3 14 0 0 B Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.296B 15-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Linn LakeACRES: 2.5 Maintenance Area TREATED PERIMETER: 4536 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Linn.mxd LONG ST SCOTT ST SA T U R N A V E LY N N A V E AR D E N A V E SHERWOOD ST NE L S O N A V E MU R R A Y A V E WE B B D R GENTRY ST CA S L E R A V E CH A N D L E R A V E MA C R A E A V E 1320 16 2 1 16 2 7 16 2 5 1115 16 2 2 1225 1229 17 3 1 1419 1415 1409 1405 17 3 0 1400 1402 1404 1406 1410 1408 1414 1412 1416 1418 1420 1422 1116 1120 1202 1208 1201 1121 1202 1122 1122 1117 1121 1201 16 5 9 17 3 7 17 3 3 17 2 9 17 2 5 17 2 1 17 1 7 17 1 3 17 0 9 17 0 0 17 0 3 16 5 9 16 5 5 16 5 1 16 4 7 16 4 3 16 3 9 16 3 5 16 3 1 16 2 7 17 3 8 17 3 0 17 2 0 1212 1208 1204 1200 1126 1122 1304 1320 1412 1227 1223 1323 16 4 2 16 4 1 17 1 9 17 0 9 16 4 7 1223 1304 1117 16 2 8 1413 17 0 1 1308 1216 1222 1305 16 3 5 17 0 0 1409 1231 1412 1317 1221 1305 16 2 6 1316 1217 1411 1417 1225 1227 1408 1409 16 4 6 1309 1405 1416 1417 16 2 7 1405 17 0 8 1320 16 5 1 1301 1226 16 3 6 16 5 0 17 3 7 1228 1419 16 2 6 1407 16 3 5 16 4 0 1416 1313 1300 17 0 5 1312 17 1 5 1315 1317 1405 1222 1321 1226 1417 1409 1305 1405 1232 1404 1408 1304 16 5 6 1205 1404 1226 1313 1402 17 0 1 1404 16 4 6 17 3 3 16 4 7 1221 16 3 4 16 2 4 1301 1308 1321 1408 16 3 6 1220 17 1 6 1321 1408 16 2 5 16 3 9 1309 1300 16 3 3 1201 1416 17 1 5 16 4 0 1412 1224 16 3 9 16 3 4 16 2 6 1305 16 2 2 1318 1410 1308 17 0 9 16 5 1 16 6 0 1417 1409 1304 14151412 1416 17 2 0 1300 17 1 9 1404 1413 1312 17 0 0 17 1 0 16 4 4 16 5 0 16 3 4 16 3 8 17 1 6 17 2 4 1117 1118 1118 17 4 0 16 2 8 1415 1413 16 2 2 17 3 0 1408 1300 16 3 4 1209 1416 1303 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.270B 11-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake LucilleACRES: 5.5 Maintenance Area TREATED PERIMETER: 1954 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Lucille.mxd OW E N D R CA L A M O N D I N L N KUMQUAT DR NAVEL DR PI N E A P P L E L N WE S T V I R G I N I A L N AVOCADO DR SHADDOCK DR BE A C H W O O D A V E EDENWOOD ST DOVEWOOD ST CANDLEWOOD ST 27 4 9 27 5 9 27 2 9 27 3 7 27 4 3 27 4 8 27 5 5 27 4 3 27 4 9 27 5 9 27 6 5 27 3 9 27 7 1 1428 1452 1440 1510 1488 1476 1464 1518 1554 1590 1636 1654 1572 161826 5 1 26 6 1 26 5 5 1400 27 6 5 27 7 1 27 7 8 27 4 2 27 4 8 27 4 2 27 4 3 27 4 9 27 3 9 27 5 5 27 6 6 27 7 2 27 6 5 27 7 1 27 5 4 27 6 0 27 5 9 27 3 8 1509 27 2 9 27 3 9 27 4 3 27 4 9 27 5 9 27 5 5 27 6 5 27 7 1 27 7 2 27 5 4 27 6 0 27 6 6 27 3 0 27 3 2 1412 1655 27 7 8 1410 1505 27 3 8 27 1 2 27 7 0 1412 27 4 8 27 6 7 27 4 2 1539 1508 27 7 1 1509 1216 1508 27 7 9 27 7 4 1519 2744 1619 27 5 4 1100 1451 1124 1402 27 6 3 27 7 5 27 5 8 1573 1439 1409 27 7 1 27 4 6 1420 1401 1600 1316 27 6 6 1504 1591 27 2 6 27 6 6 27 5 9 27 5 4 1399 27 5 0 1517 1463 1520 1513 1404 27 7 1 27 3 0 1420 27 6 6 1109 1413 27 7 8 1308 27 6 0 1513 27 4 2 1208 1408 27 7 0 27 7 5 1418 27 6 7 1414 27 6 2 1417 1224 1401 27 5 4 1427 1300 1512 27 3 8 1501 27 5 9 1516 27 6 7 1400 27 7 2 1637 1475 1510 1406 27 7 0 27 5 8 1419 13 1 8 1506 1499 27 6 0 1407 1512 1413 1200 1116 27 6 3 27 7 2 1521 27 5 8 1400 1415 27 6 6 27 7 4 26 5 9 27 5 9 1406 1418 27 6 6 1108 1537 27 2 2 27 3 0 27 4 8 27 7 4 1502 27 7 0 27 6 2 1500 1416 1504 27 6 3 1500 14211487 27 7 5 27 6 2 1410 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.273A 8-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Moccasin Lake Park @ end of Owens DrACRES: 0.8 Maintenance Area TREATED PERIMETER: 930 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Moccasin.mxd COURT ST MY R T L E A V E LAURA ST CLEVELAND ST PR O S P E C T A V E CHESTNUT ST EW I N G A V E PARK ST MA R T I N L U T H E R K I N G , J R . A V E PIERCE ST WA S H I N G T O N A V E FRANKLIN ST GOULD ST BO O T H A V E EWING PL BROWNELL ST PADUA LN PR O S P E C T A V E PARK ST CLEVELAND ST PIERCE ST 6 9 5 13 46 246 2 532 96 311 4 5 21 3020 20 18 13 19 54 5052 48 40 464442 1618 14 1012 22 26 12 23 17 13 16 41 10 10 21 43 2945 25 15 11 17 20 404 400 214212 211 210 206208 406 95 1 101 92 3 70 0 70 5 70 4 71 0 83 9 83 7 83 5 82 4 82 2 82 0 82 3 82 9 82 5 82 1 82 7 83 1 100 72 5 71 7 71 3 70 7 70 8 80 1 81 1 219 301 223 315 201 213 217 309311306 205 315 317 319 321 405 407 409413 99 9 93 3 93 1 92 9 93 6 93 2 93 0 92 6 100 91 1 91 991 5 91 791 3 92 1 9 0 1 9 0 3 9 0 7 9 0 9 9 0 5 115 413 830828 832834 922926900 904 207 308 70 3 80 7 309 81 5 213 80 7 81 9 91 6 9 0 6 9 0 4 210 300 81 1 81 3 205 70 5 80 5 80 3 80 6 502 305 81 4 213 91 1 70 8 90 1 90 0 80 5 82 5 71 6 83 8 806 205 718 107 107 80 2 90 9 203 9 0 8 103 111 211 80 5 80 1 81 2 81 5 91 9 81 2 71 6 92 0 226 71 6 100 71 5 91 4 915 90 2 940 90 0 206 80 2 83 6 801 80 5 71 4 215 91 8 81 3 99 0 303 71 8 80 2 203 81 2 81 1 9 0 2 307 81 8 81 2 407 70 8 111 406 209 80 6 80 5 90 7 80 3 80 8 90 7 222 81 2 304 81 1 80 8 80 9 91 2 84 0 80 4 80 7 218 105 103 80 8 411 80 0 105 90 8 200 80 4 209 751 80 1 81 4 81 4 83 0 90 4 84 0 11 1 0 10 1 0 10 1 0 10 2 1 10 1 5 72 6 M 72 7 M 11 2 9 11 2 3 11 0 9 11 1 9 11 2 9 11 3 5 11 2 5 11 1 8 11 1 7 11 2 8 11 2 4 11 2 5 11 1 9 11 1 3 11 1 1 11 1 3 11 0 9 10 2 4 10 1 0 10 0 0 10 0 1 10 0 9 10 0 7 10 0 5 10 0 3 10 0 8 10 0 2 10 0 4 10 0 6 10 1 0 10 0 6 10 1 0 10 0 4 10 0 8 10 0 9 10 2 1 1 1 2 8 103810321026 10 0 0 10 0 8 1020 1019 1025 1013 10 2 0 100 0 11 0 1 10 0 1 10 3 0 11 1 5 10 0 4 1005 11 0 0 10 1 0 10 0 0 10 0 3 11 0 9 ½ 80 2 T r a f 199Traf 11 3 2 p k n g 11 3 1 p k n g 10 9 0 T r a f 10 5 1 T r a f 11 15 24 28 18 17 10 14 204 70 3 70 0 83 6 83 2 82 8 83 4 83 0 82 6 80 0 71 9 71 1 71 5 215 415 924 930930928906902 104 82 1 82 3 80 2 81 7 211 80 9 81 1 109 102 80 0 105 214 81 0 91 0 207 10 0 0 11 0 3 11 3 1 11 1 1 11 0 6 11 1 4 11 3 1 223½ 11 1 2 11 1 0 11 2 2 11 1 2 11 1 0 11 0 7 10 0 2 10 0 7 10 0 5 1014 2Traf 200Traf 80 3 T r a f 70 2 T r a f 72 4 L d C t r Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.287A 15-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Prospect LakeACRES: 4.0 Maintenance Area TREATED PERIMETER: 1795 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Prospect.mxd BELLEAIR RD ROSE ST E V E R G R E E N A V E NURSERY RD REGAL RD HOWARD ST H I L L C R E S T A V E F R E D R I C A A V E EU N I C E L N S U N N Y P A R K R D SAINT T H O M A S D R LA D Y M A R Y D R MONTEREY DR EV E R G R E E N A V E HI L L C R E S T A V E 1560 1566 1554 1572 1542 1548 1536 1530 1548 1554 1542 1560 15 4 2 15 4 8 1536 1530 1512 1518 1524 1506 1500 13 8 4 13 8 8 13 8 9 13 9 1 1500 1506 13 8 8 13 8 4 1470 14661500 1506 1512 1 3 2 6 1596 13 6 3 13 6 7 13 4 7 13 4 3 13 5 3 13 3 1 13 3 7 13 5 9 14 1 9 14 1 5 14 0 9 14 0 7 14 1 6 14 2 4 13 8 8 13 8 2 1570 1572 156 9 1571 1575 1579 1583 1587 1591 1595 1597 1594 1592 1588 1582 1580 1576 14 2 5 14 1 9 14 0 1 14 1 1 14 1 7 14 2 8 14 2 4 14 2 0 14 1 6 14 1 0 14 0 4 14 0 0 14 2 5 14 2 1 14 1 5 14 1 1 14 0 1 14 2 8 14 0 3 14 0 5 14 2 9 14 2 5 1571 1610 16001605 1565 1553 14 1 4 1608 1553 1543 1571 13 4 2 13 3 0 1547 1609 1543 1565 1576 1693 1523 14 0 0 1596 1611 1517 1559 13 4 0 13 3 5 13 3 5 1541 1606 13 6 6 14 3 0 1697 1529 14 1 8 13 8 9 1601 1591 16071606 1511 13 6 0 13 5 4 1535 13 4 8 1617 13 6 1 1605 1529 13 6 4 1559 1509 1694 1501 1501 13 9 3 13 2 5 1541 1575 1587 1577 1595 1610 1566 14 0 4 1 3 7 0 13 2 5 1535 13 3 6 1590 1583 14 1 0 1697 13 3 1 1584 1612 1469 13 9 8 13 9 61462 14 0 0 14 0 6 14 2 8 14 2 4 14 2 0 14 1 6 14 1 2 14 2 9 1614 1461 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.314B 22-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Rice LakeACRES: 1.7 Maintenance Area TREATED PERIMETER: 2631 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Rice.mxd SR 590 ST. CROIX DR CATHERINE DR LA W R E N C E D R ST. JOHN DR SU E D R FLINT DR LE O N A R D D R SARAH DR SARAH DR 30 0 5 30 0 3 30 0 8 30 0 4 30 0 0 30 0 5 30 0 1 1775 29 6 4 29 6 8 30 0 4 30 0 2 1719 30 0 0 30 0 7 30 0 5 30 0 1 30 0 3 29 6 3 29 6 1 29 5 3 29 5 1 29 5 7 29 5 9294 7294 5 29 4 3 29 4 1 1712 1714 29 5 8 29 5 6 29 5 4 29 5 2 29 5 0 29 4 8 29 4 6 29 4 2 29 4 0 1713 29 4 1 1720 1718 29 5 9 29 5 7 29 5 3 29 5 1 29 4 9 29 4 7 29 4 3 29 4 5 29 2 0 29 2 4 29 1 6 29 1 2 29 0 8 29 0 4 29 0 0 28 9 6 28 9 2 28 8 4 28 8 8 29 2 5 29 2 1 29 0 1 28 9 7 28 7 9 28 8 5 28 8 9 28 9 3 29 1 3 29 0 9 29 0 5 29 1 7 29 2 4 29 2 0 29 1 6 29 1 2 29 0 8 29 0 4 29 0 0 28 9 6 28 9 2 28 8 8 28 8 4 29 0 1 28 7 9 28 8 5 28 8 9 28 9 3 29 0 5 28 9 7 29 0 9 29 1 3 29 1 7 29 2 5 29 2 1 28 8 6 28 9 0 28 9 4 29 8 4 29 7 7 29 7 1 1772 1768 1764 1760 1776 29 6 0 29 5 6 29 5 2 29 4 8 29 4 4 29 4 0 29 2 4 29 2 0 29 1 6 29 1 2 29 0 8 29 3 5 1737 1741 1745 1749 1753 1757 1761 1765 1769 29 7 8 29 7 2 29 6 6 29 6 0 29 5 4 29 4 8 29 4 2 29 3 6 29 3 0 29 2 4 29 1 8 29 1 2 29 0 6 28 9 4 28 9 0 28 8 6 1748 28 8 9 28 8 1 28 8 5 28 9 3 28 8 5 28 8 1 29 0 0 28 9 4 28 9 0 28 8 6 28 8 2 30 0 1 30 0 4 1703 30 0 2 29 9 9 29 2 9 1701 30 0 0 30 0 4 1713 29 4 4 1721 29 0 7 30 0 6 28 7 7 30 0 8 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.264B 5-29s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Sall's LakeACRES: 1.7 Maintenance Area TREATED PERIMETER: 626 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Salls.mxd LA K E A V E LAKEVIEW RD VALENCIA ST ORANGE ST SATSUMA ST PARKSIDE DR BALMORAL DR PINEWOOD DR TANGERINE ST 15 3 1 15 5 3 15 3 5 15 3 9 15 4 3 15 4 7 15 2 7 15 2 7 15 4 3 15 3 5 15 3 1 15 4 1 16 1 7 15 3 9 15 3 2 15 3 6 15 2 8 15 4 2 15 4 0 16 0 0 16 1 0 16 0 2 16 1 2 16 1 6 16 1 9 16 1 3 16 0 5 16 0 9 16 0 1 16 0 0 16 1 8 16 1 0 16 1 1 1311 16 1 8 16 1 2 16 0 6 16 0 0 16 3 0 16 2 1 16 2 5 16 0 1 16 3 1 16 0 7 16 1 3 16 1 2 15 4 6 16 0 6 15 3 9 16 0 0 16 0 0 16 0 6 16 3 1 1330 15 4 8 16 0 0 16 3 1 15 3 2 16 3 3 15 4 7 15 3 9 15 2 8 15 3 0 15 5 6 16 3 0 15 4 3 15 4 3 15 4 0 15 3 7 16 2 4 16 0 1 15 3 6 16 2 5 16 1 8 15 2 7 15 5 2 15 4 3 15 4 0 16 0 4 15 4 8 15 5 5 15 4 7 15 3 6 15 2 7 15 5 2 15 5 5 15 2 8 16 3 5 16 1 8 1320 16 3 0 16 2 4 15 5 2 15 5 6 15 5 0 16 3 2 1630 15 3 1 15 4 0 15 5 5 15 5 5 16 0 1 16 1 1 15 5 1 16 1 8 15 3 2 15 2 7 1547 15 4 4 15 4 8 15 3 6 16 3 4 15 3 1 15 5 6 16 0 7 15 4 8 16 1 9 15 3 2 15 4 2 15 3 5 15 5 2 15 3 6 15 4 0 16 2 6 16 1 7 15 4 4 15 2 8 16 1 2 1556 16 9 2 15 3 1 15 3 5 15 4 7 16 0 7 15 5 1 15 5 6 15 5 1 16 1 5 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.307A 23-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Lake TangerineACRES: 0.5 Maintenance Area TREATED PERIMETER: 553 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Tangerine.mxd MARILYN ST KE R R Y D R McKINLEY ST COAC H M A N R D GR A H A M D R LA N T E R N W A Y 209 600 415 701 416 306 413 305 708 217 408 300 416 608 310 312 411 404 417 315 404 307 405 304 218 312 409 412 301 309 311 208 301 405 408 412 420 809 211 409 308 417 21 2 9 21 3 1 21 0 8 21 0 4 2 1 1 9 20 6 2 20 5 2 20 4 0 21 3 0 21 5 2 21 3 4 21 4 0 21 5 2 21 4 4 21 2 4 21 5 0 21 0 8 21 0 1 21 0 5 20 6 2 20 6 0 2 1 4 0 20 4 0 21 0 0 2 1 2 9 2 1 3 5 2 1 3 9 2163 21 2 3 2 1 5 3 2 1 5 6 20 3 0 2 1 3 3 2 1 5 5 2 1 2 0 2 1 4 1 2 1 4 9 2 1 4 7 20 4 1 2 1 4 7 2 1 1 5 2 1 3 6 2 1 6 0 2 1 3 0 2 1 3 5 2 1 5 2 2 1 5 1 20 2 5 2 1 4 3 20 4 1 2 1 2 4 2 1 3 4 20 5 0 20 5 1 21 2 1 2 1 4 8 2 1 1 2 21 2 7 2 1 2 1 2 1 4 4 2 1 1 8 2159 20 2 9 20 3 0 2 1 6 4 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.280B 12-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Terrace LakeACRES: 2.2 Maintenance Area TREATED PERIMETER: 1255 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Terrace.mxd US 1 9 TEAKWOOD DR OS A K A D R NA G A N O D R PAGODA DR SUMO DR HARN BLVD PE R R Y D R SHINTO DR KI M O N O D R TE A H O U S E D R 188 10 7 10 1 10 5 10 3 20 4 20 8 20 6 20 2 10 0 10 2 10 8 189 191 192 194 196 193 190 25 5 1 1284 1288 1280 1292 1276 1294 129612961294 12801276 1298 26 1 1 26 1 9 26 2 9 26 2 3 26 2 7 26 2 5 26 3 7 26 3 9 26 4 9 26 5 1 26 5 3 26 5 5 26 5 7 26 5 9 26 6 1 26 6 3 26 6 7 26 6 5 26 7 1 26 6 9 26 7 5 26 7 7 26 7 9 26 1 7 26 4 3 26 2 1 26 1 5 26 3 1 26 4 5 26 4 1 26 4 7 26 3 5 26 3 3 26 1 3 2 6 5 0 2 6 4 0 2 6 4 2 2 6 4 6 2 6 4 8 2 6 4 4 26 2 6 26 2 8 26 3 0 26 3 2 26 3 6 26 3 8 26 3 5 26 2 6 26 2 8 26 3 0 26 3 6 26 3 2 26 4 6 26 4 4 26 4 0 26 4 2 26 3 5 26 3 9 2666 2658 2668 26642662 2670 26742672 2660 26562654 2667 2679 2675 2681 2683 2673 2665 2671 2663 2669 2685 26882686 26 8 3 26 8 1 26 8 8 26 8 6 26 8 4 26 7 8 26 7 6 26 8 9 26 7 3 26 7 9 26 8 1 26 7 1 26 5 4 26 5 2 26 5 0 25 6 0 25 7 7 12851283 25 6 6 25 7 5 25 7 6 1291 1289 1283 1271 1275 1287 25 8 5 1269 19361 19345 19206 18946 18819 19034 1932919246 19400 18911 18940 19337 18860 19593 19379 18675 18736 19100 19321 19320 19505 19029 19500 19051 19135 18820 19353 18830 18740 19042 19387 19195ATM19199Trf 20 3 20 7 20 9 10 9 20 5 20 1 21 0 195 1272 1275 1279 1283 1295 1288 1292 1272 1284 129312951296 1284 1294 1280 1292 1276 1288 2 6 5 2 26 3 4 26 5 1 26 4 9 26 4 1 26 4 5 26 4 3 26 4 7 26 3 3 26 3 1 26 2 9 26 3 7 26 2 7 26 3 9 26 3 4 26 4 5 26 4 3 26 4 1 26 2 7 26 3 1 26 3 3 26 2 9 26 3 7 26 3 4 26 4 0 26 3 8 26 3 6 26 3 0 26 2 8 26 2 6 26 3 2 265 2 2650 2677 2690 26 8 9 26 8 7 26 8 5 26 7 4 26 6 9 26 8 5 26 8 3 26 7 7 26 7 5 26 8 7 26 5 8 26 5 6 1291 1263 1287 1271 1275 1293 26 3 8 26 9 0 25 7 9 26 8 2 26 8 0 26 7 8 1279 18675 18821ele Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.270A 11-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Tropic Hills at US-19ACRES: 0.9 Maintenance Area TREATED PERIMETER: 3296 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Tropic.mxd MAINTAIN OPEN AREAS ALONGWESTERN SHORELINE AND AT OUTFALL STRUCTURE. Countryside CommunityPark 4t h S T P E B B L E L A K E D R C O U N T R Y S I D E B L V D CLUBHOUSE DR SABAL SPRINGS CIR W E A T H E R S F I E L D C T 10th AVE 9th AVE 8th AVE 2875 2869 28812886 2850 2856 2862 2868 2874 2880 2 6 8 5 26 7 9 26 7 3 26 5 5 26 4 9 26 4 3 26 6 1 26 6 7 26 3 9 2719 2906 290 0 2901 2907 2913 26 8 02900 2912 2906 1 5 1 4 1 5 1 1 1 5 0 8 1 5 0 5 1 5 0 2 2863 2806 2818 2824 2830 2836 2836 2842 26 6 8 2 6 8 6 2664 26 5 6 26 5 0 26 7 4 2666 26 6 2 2652#4 2656#62656#42656#2 2652#6 2652#226 4 8 # 6 26 4 8 # 4 26 4 8 # 2 26 4 4 # 6 26 4 4 # 4 26 4 4 # 2 2764#12764#32764#52764#62774#12774#32774#5 2782#1 2782#3 2790#2 2790#3 2810#5 2810#7 2810#1 2810#2 26 5 0 L i b r 26 4 0 R e c r 26 3 4 W e l l 26 3 0 W e l l 2857 2912 1 5 1 3 1 5 1 2 1 5 1 0 1 5 0 9 1 5 0 7 1 5 0 6 1 5 0 4 1 5 0 3 1 5 0 1 2656#52656#32656#1 2652#52652#3 2652#1 26 4 8 # 5 26 4 8 # 3 26 4 8 # 1 26 4 4 # 5 26 4 4 # 3 26 4 4 # 1 2764#22764#4 2774#22774#42774#6 2782#2 2790#12782#4 2810#62810#42810#3 Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.211A 29-28s-16e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: Westchester LakeACRES: 1.4 Maintenance Area TREATED PERIMETER: 2160 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_Westchester.mxd EA S T D R WE S T D R HI G H L A N D A V E GREENLEA DR SUNSET POINT RD SH A R O N D A L E D R ERIN LN ELIZABETH LN SOUTH DR SO U V E N I R D R Pond & Channel Maintenance Contract - RFP16-14 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK SJ N.T.S.261A 2-29s-15e 4/14/2014Drawn By:Reviewed By: S - T - RGrid # Date: Scale: LOCATION: West Dr PondACRES: 0.3 Maintenance Area TREATED PERIMETER: 419 Lineal Ft/ Document Path: V:\GIS\Environmental\RFP16-14\Lake_Pond_Maint_FY10_WestDr.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-229 Agenda Date: 6/16/2014 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Finance Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Authorize filing of a lawsuit against defendants to include the estate and heirs of deceased City of Clearwater employee Mitchell Arnold , to effect the distribution of monies currently being held by the City, and authorize the appropriate officials to execute same . (consent) SUMMARY: The City currently holds monies (wages and pension contributions) owed to Mr. Arnold’s estate and/or heirs. The City would file an interpleader action. This type of action is procedure utilized when a plaintiff holds property on behalf of another, but cannot determine to whom the property should be transferred. The defendants would include his estate, if any , and his children who can be identified, as well as any unidentified heirs. The court would order the distribution of the monies at the conclusion of the action. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-19 Agenda Date: 6/16/2014 Status: Public HearingVersion: 2 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a Development Agreement between Mainstream Partners VIII , LTD (the property owner) and the City of Clearwater, providing for the allocation of 96 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-19, and authorize the appropriate officials to execute same . (HDA2013-08005) SUMMARY: Site Location and Existing Conditions: The 0.962-acre site is bound by Coronado Drive (west), Hamden Drive (east) and 5th Street (south). The subject property is comprised of five parcels with a frontage of approximately 180 feet along Coronado Drive and Hamden Drive. The site is currently vacant. 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 Small Motel District of Beach by Design. 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 property directly north of this property is developed with an overnight accommodation use. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north 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: The owners have demolished all existing structures on the site and propose to utilize the otherwise permitted density of 50 units per acre or 48 units and incorporate an additional 96 units from the Hotel Density Reserve through Beach by Design resulting in a total of 144 units (150 units per acre). The building will be 99.33 feet (from Base Flood Elevation) to flat roof with the 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. Vehicular access will be provided at three points ; access into the parking garage will be provided with one two-way driveway each along Hamden Drive and 5th Street. The third access point is a service driveway at the northwest corner of the site. The access point along 5th Street consists of two driveways with the eastern driveway providing an ingress/egress point for the parking garage and ingress to a short drop-off area at the hotel entry exiting back onto 5th Street. Consistency with the Community Development Code (CDC): Page 1 City of Clearwater Printed on 6/17/2014 File Number: ID#14-19 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 41,924 square feet in area and approximately 180 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet to building along the front (east and west) along Hamden Drive and Coronado Drive, respectively and 10 and 15 feet along the sides (north and south, respectively). 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 99.33 feet in height as measured from BFE where a height of up to 100 feet is permitted as prescribed by Beach by Design and as a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. This section also requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. 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 does not exceed 100 feet in height. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 144-room overnight accommodation use requires a minimum of 173 off-street parking spaces. A parking garage located on the first four levels of the building will provide 173 spaces. 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 all sides of the site. 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 (as 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 Page 2 City of Clearwater Printed on 6/17/2014 File Number: ID#14-19 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 to operate 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 96 units from the Hotel Density Reserve or a maximum density of 150 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 §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. 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 3 City of Clearwater Printed on 6/17/2014 HOTELDENSITYRESERVE DEVELOPMENTAGREEMENT THIS HOTEL DENSITYRESERVE DEVELOPMENTAGREEMENT (“Agreement”)isdatedthe dayof ,2014,andenteredinto between MAINSTREAM PARTNERSVIII,LTD.(“Developer"),itssuccessorsand assigns,andthe CITYOF CLEARWATER,FLORIDA,amunicipalcorporationofthe StateofFloridaactingthrough its CityCouncil, thegoverningbodythereof(“City”). RECITALS: WHEREAS,oneofthemajorelementsoftheCity'srevitalizationeffortisa specialareaplanfortherevitalizationofClearwaterBeachadoptedundertheprovisions ofthe Florida GrowthManagementAct,FloridaStatutesChapter163,PartII,andentitled Beach byDesign; and WHEREAS,Florida StatutesSections163.3220-163.3243,theFloridaLocal Government Development Agreement Act (“Act”), authorize the City to enter into binding developmentagreementswithpersonshaving alegalorequitableinterestinreal propertylocated within thecorporatelimits oftheCity; and WHEREAS,underSection163.3223oftheAct,theCityhasadoptedSection4- 606oftheCity ofClearwaterCommunity DevelopmentCode("Code"),establishing procedures and requirements to considerand enterinto development agreements; and WHEREAS,BeachbyDesignproposedthedevelopmentofhotelunitstoequalize developmentopportunitiesonthebeachandensure ClearwaterBeachremainsa quality, family resortcommunity,andfurtherprovidedforalimitedpoolofadditionalhotelunits ("Hotel DensityReserve")to bemadeavailableforsuch mid-sized hotel projects; and WHEREAS,theDeveloperowns.962acresofrealproperty ("Property")inthe corporatelimitsoftheCity,moreparticularlydescribedonExhibit"A"attachedhereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotelroomsandotherusesinordertoconstructone hundred and forty four (144) overnightaccommodationunits, meeting spaceforguestuse,pool,newlobbyandparking with parking spaces, generally conforming to the architectural elevation dimensions shown in compositeExhibit “B”(collectively the “Project”); and WHEREAS,theProperty hasnotpreviouslyacquireddensityfromtheDestination Resort DensityPool; and WHEREAS,uponcompletionthe plannedresortwillcontain144overnight accommodationunits,whichincludes96unitsfromtheavailableHotelDensity Reserve (“ReserveUnits”); and WHEREAS,theCityhasconductedsuchpublichearingsasarerequiredbyandin accordance withFloridaStatutesSection163.3225,Code Sections4-206and4-606,and anyotherapplicablelaw;and WHEREAS,theCityhasdeterminedthat,asofthedateofthisAgreement,the proposedprojectisconsistentwiththe City'sComprehensivePlanandLandDevelopment 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 bytheappropriateofficials oftheCity;and WHEREAS, approval of this Agreement is in the interests of the City in furtheranceoftheCity'sgoalsofenhancingtheviability oftheresortcommunityandin furtheranceoftheobjectives ofBeachbyDesign;and WHEREAS,DeveloperhasapprovedthisAgreementandhasduly authorized certain individuals to executethis Agreement on Developer's behalf. STATEMENTOFAGREEMENT Inconsiderationofandinrelianceuponthe premises,themutualcovenants containedherein,andothergoodandvaluableconsideration,thereceiptandsufficiency ofwhichareherebyacknowledged,thepartiesheretointending tobelegally boundandin accordancewith theActand Code, agreeasfollows: SECTION 1.Recitals.Theaboverecitalsaretrueandcorrectandareapartof this Agreement. SECTION 2.Incorporation of the Act. This Agreement is entered into in compliancewithandundertheauthorityoftheCodeandtheAct,thetermsofwhichasof thedateofthisAgreementareincorporatedhereinbythisreferenceandmadeapartof thisAgreement.WordsusedinthisAgreementwithoutdefinitionthatare definedinthe Act shall havethesamemeaningin this Agreement as in theAct. SECTION 3.PropertySubjecttothisAgreement.ThePropertydescribedin Exhibit "A"is subject to this Agreement ("Property"). 3.1 ThePropertycurrentlyhasalandusedesignationofResortFacilitiesHigh and is zoned Tourist (T). 3.2.ThePropertyisownedinfeesimpleorundercontracttobeownedinfee simplebytheDeveloper. 3.3 ThePropertyis generally located at 353Coronado Drive, Clearwater, FL 33767, as furtherdescribed in Exhibit “A”. SECTION 4.ScopeofProject. 4.1 TheProjectshallconsistof144overnightaccommodationunits. Ofthe 180 overnight accommodation units, 96units shall befrom theHotel DensityReserve. 4.2 TheProjectshallincludeaminimumof173parkingspaces,asdefinedin theCode. 4.3 ThedesignoftheProject,asrepresentedinExhibit“B”,isconsistentwith Beach byDesign. 4.4 ThedensityoftheProjectshallbe150unitsperacre. Innoinstanceshall thedensityofaparceloflandexceed150unitsperacre.TheheightoftheProjectshallbe 99feet4 inchesmeasuredfromBaseFloodElevation,asdefinedinthe Code. The maximum building heightsofthevariouscharacterdistrictscannotbeincreasedto accommodate hotel rooms allocated from theHotel DensityReserve. SECTION 5.EffectiveDate/Durationofthis Agreement. 5.1 ThisAgreementshallnotbeeffective untilthisAgreementisproperly recordedinthepublic recordsofPinellasCounty,Florida pursuanttoFlorida Statutes Section 163.3239 and CodeSection 4-606. 5.2 Withinfourteen(14)daysaftertheCity approvestheexecutionofthis Agreement,theCity shallrecordtheAgreementwiththeClerkoftheCircuitCourtfor PinellasCounty.TheDevelopershallpaythecostofsuchrecording.TheCityshall submittotheDepartmentofEconomicOpportunityacopyoftherecordedAgreement within fourteen (14)daysaftertheAgreement is recorded. 5.3 ThisAgreementshallcontinue ineffectfor ten(10)yearsunlessearlier terminated as set forth herein. SECTION 6.Obligationsunderthis Agreement. 6.1 Obligations oftheDeveloper: 6.1.1 Theobligations underthis Agreement shall bebindinguponand the benefits ofthis Agreement shall inureto theDeveloper,its successorsin interests or assigns. 6.1.2 AtthetimeofdevelopmentoftheProperty,theDeveloperwill submitsuchapplicationsanddocumentationasarerequiredby lawandshallcomplywith theCodeapplicableat thetimeofbuildingpermit review. Property: 6.1.3 The following restrictions shall apply to development of the 6.1.3.1 ToretainthegrantofReserveUnitsprovidedforherein, theProperty andimprovementslocatedthereonshallbedevelopedin substantialconformancewiththeConceptualSite PlanattachedasExhibit "B". Any modificationsdeterminedby thePlanningDirectoraseither inconsistent with attached Exhibit “B” or constituting a substantial deviationfromattachedExhibit“B” shallrequire anamendmenttothis Agreementinaccordance withthe proceduresofthe Actandthe Code,as necessary andapplicable.Any andallsuchapprovedandadopted amendmentsshallberecordedinthe publicrecordsof PinellasCounty, Florida. 6.1.3.2 The Developershallobtainappropriatesite planapproval pursuantto aLevelOneorLevelTwo developmentapplication within one (1)year fromthe effective date of thisAgreementinaccordance withthe provisionsofthe Code,andshallthenobtainappropriatepermitsand certificatesofoccupancy inaccordancewiththeprovisionsoftheCode. Nothing hereinshallrestrictDeveloperfromseekinganextensionofsite planapprovalorotherdevelopmentorderspursuanttotheCodeorstate law. Intheeventthatworkisnotcommencedpursuanttoissuedpermits, orcertificatesofoccupancy arenottimelyissued,theCitymaydenyfuture developmentapprovalsand/orcertificatesofoccupancyfortheProject, and mayterminatethis Agreement in accordancewith Section 10. 6.1.3.3 The Developer shallexecute,prior tocommencementof construction,amandatoryevacuation/closurecovenant,substantially inthe formofExhibit"C",stating thattheaccommodationusewillcloseassoon aspracticable aftera hurricane watchthatincludesClearwaterBeachis posted bytheNational HurricaneCenter. 6.1.4 CovenantofUnifiedUse.Priortotheissuanceofthefirstbuildingpermit fortheProject,theDeveloperhereby agreestoexecutethecovenantofunifieduseand developmentfortheProjectSiteprovidingthattheProjectSiteshallbedevelopedand usedasasingleproject,theformofwhichcovenantisattachedasExhibit "D";provided however,thatnothing shallprecludetheDeveloperfromselling alloraportionofthe Developer'sPropertyintheeventthatDeveloperdeterminesnottoconstructtheProject. Itisunderstoodandagreedthat,inthe eventthatthe Developer entersintothe anticipated covenantofunifieduseanddevelopment,andtheDeveloperelectsnottoconstructthe ProjectandnotifiestheCity ofitselectioninwriting,and,alternatively,asofthedateof expiration,terminationorrevocationnorightsofDeveloperremainorwillbe exercisedto incorporatetheHotelDensity ReserveUnitsintotheProject,theCity shallexecuteand deliver tothe Developera terminationof suchcovenantof unifieduse anddevelopment suitableforrecordingin thePublicRecords ofPinellas County, Florida. 6.1.5 ReturnofUnitstoReservePool.AnyReserveUnitsgrantedtoDeveloper nottimely constructedinconjunctionwiththeProjectshallbereturnedtotheHotel DensityReserveand beunavailableto Developerforuseon theProject. 6.1.6 TransientUse.Areservationsystemshallberequiredasanintegralpartof the hoteluse.There shallbe alobby/frontdeskarea thatmustbe operatedasa typical lobby/frontdeskareafora hotelwouldbe operated. Accesstoall unitsmustbeprovided throughalobbyandinternalcorridor. Allunitsshall be available tothepublic for overnighttransienthoteloccupancy atalltimesthroughthe requiredhotelreservation system. Occupancy inthehotelislimitedtoatermoflessthan one(1)monthorthirty- one(31)consecutivedays,whicheverisless. No unitinthehotel shall beused as a primaryorpermanent residence. 6.1.7 NoFullKitchens. Nounitshallhaveacompletekitchenfacilityasthat term is used in thedefinition of“dwellingunit”intheCode. 6.1.8 InspectionofRecords. Developershallmakeavailable for inspectionto authorizedrepresentativesoftheCity itsbooksandrecordspertainingtoeachHotel DensityReserveunituponreasonablenoticetoconfirmcompliancewiththeseregulations as allowed bygeneral law. 6.1.9 CompliancewithDesignGuidelines. TheDeveloperagreestocomply with theDesignGuidelines as set forth in SectionVIIofBeach byDesign. 6.1.10Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m.on Sunday through Thursday, or after 12:00midnighton Friday and Saturday. 6.2 Obligations oftheCity. 6.2.1 TheCity shallpromptly processsiteandconstructionplan applicationsfortheProperty thatareconsistentwiththeComprehensivePlanand theConcept Plan and that meet therequirements oftheCode. 6.2.2 ThefinaleffectivenessoftheapplicationsreferencedinSection 6.2.1 is subject to: 6.2.2.1 TheprovisionsofChapters163and166,FloridaStatutes,as theymaygovern suchamendments; and 6.2.2.2 Theexpirationofanyappealperiodsor,ifanappealisfiled, at theconclusion ofsuchappeal. 6.2.3 UponadoptionofthisAgreement,theProjectshallreceive96 unitsfromtheHotelDensity ReserveasdefinedinBeachbyDesign,contingent upon theprovisions ofSection 6.1.5. SECTION7.PublicFacilitiestoServiceDevelopment.Thefollowing public facilitiesarepresentlyavailabletotheProperty fromthesourcesindicatedbelow. DevelopmentofthePropertywillbegovernedbytheconcurrency ordinanceprovisions applicableatthetimeofdevelopmentapproval.Therequirementsforconcurrency asset forth in Article4, Division 9, oftheCode, havebeen satisfied. 7.1 Potable waterisavailable fromtheCity. The Developershall be responsibleforall necessarymain extensions and applicableconnection fees. 7.2 SewerserviceiscurrentlyprovidedbytheCity.TheDevelopershallbe responsibleforall necessarymain extensions and applicableconnection fees. 7.3 Fireprotection from theCity. 7.4 DrainagefacilitiesforthePropertywillbeprovidedbytheDeveloperat theDeveloper's soleexpense. 7.5 TheProjectshallcomplywiththeMetropolitanPlanningOrganization’s [MPO]or itssuccessor’scountywideapproachtotheapplicationof concurrency managementfor transportationfacilities,andthe transportationanalysisconductedfor the Project shall includethefollowing: •Recognition ofstandarddatasources as established bytheMPO; •Identificationoflevelofservice(LOS)standardsforstateandcountyroadsas established bytheMPO; •Utilization of proportional fair-share requirements consistent with Florida Statutes and theMPO model ordinance; •Utilization oftheMPO TrafficImpact StudyMethodology; and •RecognitionoftheMPOdesignationof“ConstrainedFacilities”assetforthin themost current MPO AnnualLevel ofServiceReport. 7.6 Allimprovements associated with the public facilities identified in Subsections7.1through7.5shallbecompletedpriortotheissuanceofany certificateof occupancy. 7.7 Developeragreestoprovideacashier’scheck,a paymentandperformance bond,orletterofcreditintheamountof115%oftheestimatedcostsofthepublic facilitiesandservices,tobedepositedwiththeCitytosecureconstructionofanynew publicfacilitiesandservicesrequiredtobeconstructedby thisAgreement. Such constructionshallbecompletedpriortoissuanceofaCertificateofOccupancyforthe Project. SECTION 8.RequiredLocal Government Approvals. The required local governmentdevelopmentapprovalsfordevelopmentoftheProperty include,without limitation, thefollowing: 8.1 Siteplanapproval(s)andassociatedutilitylicenses,access,andright-of- wayutilization permits; 8.2 Construction plan approval(s); 8.3 Buildingpermit(s); 8.4 Certificate(s)ofoccupancy;and SECTION 9.FindingofConsistency.TheCityfindsthatdevelopmentofthe Property isconsistentwiththetermsthisAgreementisconsistentwiththeCity ComprehensivePlan andtheCode. SECTION10. Termination. Ifthe Developer'sobligationssetforthinthis Agreementarenotfollowedinatimelymanner,asreasonablydeterminedbytheCity Manager,afternoticetotheDeveloperandanopportunity tobeheard,existingpermits shallbeadministratively suspendedandissuanceofnewpermitssuspendeduntilthe Developerhasfulfilleditsobligations.Failuretotimelyfulfillitsobligationsmayserveas abasisforterminationofthisAgreementbytheCity,atthediscretionoftheCityand afternoticeto theDeveloperand an opportunityfortheDeveloperto beheard. SECTION11. OtherTermsandConditions. Exceptin thecaseoftermination, untilten(10)yearsafterthedateofthisAgreement,theCity mayapplylawsandpolicies adoptedsubsequently totheEffectiveDateofthisAgreementiftheCityhasheldapublic hearingand determined: (a)They arenotinconflictwiththelawsandpoliciesgoverning the Agreement and do not prevent development of the land uses, intensities, ordensities in theAgreement; (b)Theyareessential to thepublichealth, safety, orwelfare, andexpressly statethatthey shallapply toadevelopmentthatissubjecttoa development agreement; (c) Theyarespecificallyanticipated and provided forin this Agreement; (d) TheCitydemonstratesthatsubstantialchangeshaveoccurredin pertinentconditionsexisting atthetimeofapprovalofthisAgreement; or (e) ThisAgreementisbasedonsubstantiallyinaccurateinformation provided bytheDeveloper SECTION12. Compliance withLaw. Thefailure ofthisAgreementtoaddress anyparticularpermit,condition,termorrestrictionshallnotrelievetheDeveloperfrom thenecessity ofcomplyingwiththelawgoverningsuchpermittingrequirements, conditions, terms orrestrictions. SECTION13. Notices. Noticesandcommunicationsrequiredordesiredtobegiven underthisAgreementshallbegiventothepartiesby handdelivery,by nationally recognizedovernightcourierservicesuchasFederalExpress,orby certifiedmail,return receiptrequested,addressedasfollows(copiesasprovidedbelowshall berequiredfor propernoticeto begiven): Ifto theDeveloper:Mainstream PartnersVIII,LTD. 10165 NW19th Street Miami, FL33172-2529 With Copyto:Mr. Antonio Fernandez Mainstream PartnersVIII,LTD. 2552 22nd Ave. N. St. Petersburg,FL33713 Ifto City:CityofClearwater, CityManager ATTN: William B. Horne, II 112 South OsceolaAvenue Clearwater, FL33756 Properly addressed, postage prepaid, notices or communications shall be deemed deliveredandreceivedonthedayofhanddelivery,thenextbusinessdayafterdeposit withanovernightcourierservicefornextday delivery,oronthethird(3rd)day following depositinthe UnitedStatesmail,certifiedmail,returnreceiptrequested.The partiesmay change the addressessetforthabove (includingthe additionof a mortgagee toreceive copies ofall notices), bynoticein accordancewith this Section. SECTION 14.Assignments. 14.1 BytheDeveloper: 14.1.1PriortotheCommencementDate,theDevelopermay sell,convey, assignorotherwisedisposeofanyorallofitsright,title,interestandobligations inandtotheProject,orany partthereof,only withthepriorwrittennoticetothe City,providedthatsuchparty (hereinafterreferredtoasthe"assignee"),tothe extent ofthesale,conveyance,assignment orotherdisposition bytheDeveloperto theassignee,shallbeboundby thetermsofthisAgreementthesameasthe DeveloperforsuchpartoftheProjectasis subjecttosuchsale,conveyance, assignment orotherdisposition. 14.1.2 Ifthe assignee of the Developer’s right, title, interest and obligationsinandtotheProject,orany partthereofassumesalloftheDeveloper's obligationshereunder forthe Project,or thatpartsubjecttosuchsale,conveyance, assignmentor other disposition,thenthe Developer shallbe releasedfromallsuch obligationshereunderwhichhavebeensoassumedbytheassignee,andtheCity agrees to execute an instrument evidencing such release, which shall be in recordableform. 14.1.3 AnassignmentoftheProject,orany partthereof,bytheDeveloper toany corporation,limitedpartnership,limitedliability company,general partnership,orjointventure,inwhichtheDeveloper(oranentity undercommon control with Developer) has either the controlling interest or through a joint venture or other arrangementsharesequalmanagementrightsandmaintainssuch controlling interestorequalmanagementrightsshallnotbedeemedanassignment ortransfersubjecttoanyrestrictiononorapprovalsofassignmentsortransfers imposedby thisAgreement,provided,however,thatnoticeofsuchassignment shallbegivenby theDevelopertotheCity notlessthanthirty (30)dayspriorto suchassignmentbeingeffectiveandtheassigneeshallbeboundbythetermsof thisAgreementtothesameextentaswouldthe Developerintheabsenceofsuch assignment. 14.1.4 Noassignee,purchaser,sublesseeoracquirerofalloranypartof theDeveloper'srightsandobligationswithrespecttoany oneParcelshallinany waybeobligatedorresponsibleforanyoftheDeveloper'sobligationswithrespect toany otherParcelbyvirtueofthisAgreementunlessanduntilsuchassignee, purchaser,sublesseeoracquirehasexpressly assumedtheDeveloper'ssuchother obligations. 14.2 SuccessorsandAssigns.Thetermshereincontainedshallbindandinureto the benefit of the City, and its successors and assigns, and the Developer and, as applicabletothepartiescomprising Developer,theirpersonalrepresentatives,trustees, heirs, successors and assigns, except as mayotherwisebespecificallyprovided herein. SECTION15. MinorNon-Compliance.TheDeveloperwillnotbedeemedto havefailedtocomply withthetermsofthisAgreementintheeventsuchnoncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION16. CovenantofCooperation.Thepartiesshallcooperatewithand deal with each other in good faith and assist each other in the performance of the provisionsofthisAgreementandinachievingthe completionofdevelopmentofthe Property. SECTION 17. Approvals.Whenever anapprovalor consentisrequiredunder or contemplatedby thisAgreementsuchapprovalorconsentshallnotbeunreasonably withheld,delayedor conditioned.Allsuchapprovalsandconsentsshallbe requestedand granted in writing. SECTION 18.Completionof Agreement.Uponthe completionof performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation ortermination shall besigned bytheparties heretoand recordedin theofficial records oftheCity. SECTION 19. EntireAgreement. This Agreement (including any and all Exhibitsattachedheretoallof whichare a partofthisAgreementtothe same extentasif suchExhibitsweresetforthinfullinthebody ofthisAgreement),constitutestheentire agreement between theparties hereto pertainingto thesubject matterhereof. SECTION20.Construction.The titles,captionsandsectionnumbersinthis Agreementareinsertedforconvenientreferenceonly anddonotdefineorlimitthescope or intent and should not be used in the interpretation of anysection, subsection or provisionof thisAgreement.Whenever the contextrequiresor permits,the singular shall include the plural, and plural shall include the singular and any reference in this Agreementtothe Developer includesthe Developer'ssuccessorsorassigns.This AgreementwastheproductionofnegotiationsbetweenrepresentativesfortheCityand the Developer andthe language of theAgreementshouldbe givenitsplainandordinary meaningandshouldnotbestrictlyconstruedagainstany partyheretobasedupon draftsmanship.Ifany termorprovisionofthisAgreementissusceptibletomorethanone interpretation,one or more of whichrender itvalidandenforceable,andone or more of whichwouldrenderitinvalidor unenforceable,suchtermor provisionshallbe construed in amannerthat would renderit valid and enforceable. SECTION21. PartialInvalidity.Ifany termorprovisionofthisAgreementor theapplicationthereoftoanypersonorcircumstanceisdeclaredinvalidorunenforceable, theremainderofthisAgreement,includingany validportionoftheinvalidtermor provision and theapplication ofsuch invalid termorprovision to circumstances otherthan thoseastowhichitisheldinvalidorunenforceable,shallnotbeaffectedtherebyand shallwiththeremainderofthisAgreementcontinueunmodifiedandin fullforceand effect.Notwithstanding theforegoing,ifsuchresponsibilitiesofany party hereto,tothe extentthatthe purpose of thisAgreementor thebenefitssoughttobe receivedhereunder arefrustrated,suchpartyshallhavetherighttoterminatethisAgreementuponfifteen (15)days written noticeto theotherparties. SECTION22. CodeAmendments.Subsequently adoptedordinancesandcodes oftheCitywhichareofgeneralapplicationnotgoverningthedevelopmentoflandshall beapplicabletotheProperty,andsuchmodificationsarespecifically anticipatedinthis Agreement. SECTION23. GoverningLaw. ThisAgreementshallbe governedby,and construed in accordancewith thelaws oftheStateofFlorida. SECTION24. Counterparts. ThisAgreementmay beexecutedincounterparts, all ofwhich togethershall continueoneand thesameinstrument. SECTION 25. Amendment. This Agreement may be amended by mutual writtenconsentoftheCity andtheDevelopersolongastheamendmentmeetsthe requirements oftheAct,applicableCityordinances, and Floridalaw. INWITNESSWHEREOF,thepartieshaveheretoexecutedthisAgreementthe dateandyearfirstabovewritten. In thePresenceof:MAINSTREAM PARTNERSVIII,LTD., aFloridalimited partnership BY:MAINSTREAMGP, LLC, itsGeneralPartner BY: EDWARD W. EASTON & COMPANY, INC., itManagingMember PrintName By: Antonio Fernandez PrintName As to “Developer” CITYOFCLEARWATER, FLORIDA By: William BHomeII, CityManager Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,byAntonio Fernandez ,on behalfofEdwardW.Easton& Company,Inc.,aFloridacorporation,theManaging MemberofMainstreamGP,LLC,a Floridalimitedliability company,asGeneralPartnerofMainstreamPartnersVIII,LTD,a Floridalimited partnership, on behalfoftheaforesaid entities. Heis [ ]personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: EXHIBIT“A” PROJECT LEGALDESCRIPTION DESCRIPTION PARCEL B, PROJECT AREA: (AS PROVIDED BY CLIENT) PARCEL 1: LOTS 8, 9 AND 9-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOT 12, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OFTHE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 3: LOT 10 AND 10-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 41,923.8 square feet / 0.96 ACRES MORE OR LESS. Exhibit “B” Survey, Conceptual SitePlan, and Architectural Drawings EXHIBIT“C” COVENANTREGARDINGHURRICANEEVACUATION AndDEVELOPMENT, USEAND OPERATION DECLARATION OFCOVENANTSAND RESTRICTIONS THISDECLARATIONOFCOVENANTSANDRESTRICTIONS("Declaration")is madeasofthe dayof ,2014,by MAINSTREAMPARTNERS VIII, LTD., aFloridalimited liabilitycompany("Developer"). DeveloperistheowneroffeesimpletitletotherealpropertydescribedinSchedule1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,Florida(the"City"),hasamendeditsComprehensivePlanto designateClearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning CouncilRulesinordertoimplementtheprovisionsofBeachby Design,aplanforthe revitalization ofClearwaterBeach. ThedesignationofClearwaterBeachasaCommunity RedevelopmentDistrict(the "Designation")providesfortheallocationofHotelDensity ReserveUnitsasanincentiveforthe developmentofmid-sizequality hotels.PursuanttotheDesignation,theallocationofHotel DensityReserveUnitsissubjecttocompliancewithaseriesofperformancestandards,including arequirementthatresortscontainingahoteldevelopedwithHotelDensityReserveUnitsshall be closedandallGuestsevacuatedfromsuchhotelsassoonaspracticable after the National Hurricane Center postsahurricane watchthatincludesClearwaterBeach.The purpose of such evacuationistoensure thatsucha hotelisevacuatedinadvance of theperiodof time whena hurricaneevacuation would beexpected in advanceoftheapproach ofhurricaneforcewinds. TheCityhasgranted,byCityCouncilResolution , passedandapprovedon ,2014,Developer'sapplicationforHotelDensity ReserveUnitspursuanttothe Designation,subjecttoDeveloper'scompliance withthe requirementsofthe Designation. Developerdesiresfor itself, and itssuccessorsand assigns, asowner, to establish certain rights, duties,obligationsandresponsibilitieswithrespecttothe use andoperationof the RealProperty inaccordancewiththetermsandconditionsoftheallocationoftheHotelDensity ReserveUnits totheCityandtheDesignation,whichrights,duties,obligationsandresponsibilitiesshallbe bindingon anyandall successorsand assigns andwill run with thetitleto theReal Property. THEREFORE,inconsiderationofthecovenantsandrestrictionshereinsetforthandto be observedandperformed,andinfurther considerationof the allocationof HotelDensity ReserveUnitstoDeveloper,andothergoodandvaluableconsideration,thesufficiency ofwhich is herebyacknowledged,Developerherebydeclares, covenantsand agreesas follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefitofDeveloperanditssuccessorsandassignsandshallbeenforceablebythemandalsofor thebenefitoftheresidentsoftheCity andshallbeenforceableonbehalfofsaidresidentsby the CityCouncil oftheCity. 2. CovenantofDevelopment,UseandOperation.Developerherebycovenantsand agreestothedevelopment,useandoperationoftheRealProperty inaccordancewiththe provisions ofthis Declaration. 2.1 Use. Theuseoftheresort on theReal Propertyis restricted asfollows: 2.1.1 144 units,96of whichareunitsallocatedtoDeveloperfrom the HotelDensityReserve,shallbeusedsolelyfortransientoccupancyof one monthorthirty-one(31)consecutivedaysorless,mustbelicensedasa publiclodging establishmentandclassifiedasahotel,andmustbeoperated by asinglelicensed operatorofthe hotel. No unit shall be used as a primary or permanent residence. Accesstotheunitsmustbeprovided throughalobby and internalcorridor. Areservationsystemshallbe required asanintegralpartof the hoteluse andthereshallbe a lobby/frontdeskarea thatmustbe operatedasa typicallobby/frontdeskareaforahotelwouldbe operated. Allunitsshall berequiredtobesubmittedtoarentalprogram requiring theunitstobe availableformembersofthepublicasovernight hotelguestsonatransientbasis atalltimes. Nounitshallhaveacomplete kitchenfacility asthattermisusedin thedefinitionof“dwelling unit”inthe Code. Developershallmakeavailablefor inspection to authorized representatives of the City its books and records pertainingtoeach unituponreasonablenoticetoconfirm compliancewiththeseregulationsas allowedby generallaw. TheDeveloper agreestocomply withtheDesign GuidelinesassetforthinSectionVIIofBeach byDesign. 2.1.2Asusedherein,the terms"transientoccupancy,""publiclodging establishment,""hotel”,and"operator"shallhavethemeaninggivento such terms in FloridaStatutesChapter509, PartI. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propertyshallbeclosedassoonaspracticableupontheissuanceofahurricanewatchbythe NationalHurricane Center,whichhurricane watchincludesClearwater Beach,andallHotel guests,visitorsandemployeesotherthanemergencyandsecuritypersonnelrequiredtoprotect theresort,shallbeevacuatedfromtheHotelassoonaspracticablefollowing theissuanceofsaid hurricanewatch.IntheeventthattheNationalHurricaneCentershallmodify theterminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisionsofthisDeclarationshallbe governedbythelevelofwarningemployed bythe NationalHurricane Centerwhichprecedesthe issuance ofa forecastofprobable landfallinorder toensurethattheguests,visitorsandemployeeswillbeevacuatedinadvanceoftheissuanceof aforecast ofprobablelandfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permitsrequiredtobuildtheproject("Project")andDeveloper's commencementof constructionoftheProject,asevidencedby aNoticeof CommencementfortheProject.This Declarationshallexpireandterminateautomatically ifandwhentheallocationofReserveUnits to theDeveloperexpires oris terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed bythelaws oftheStateofFlorida. 5 Recording.ThisDeclarationshallberecordedinthechainoftitleof theReal Propertywith theClerk oftheCourts ofPinellas County, Florida. 6 Attorneys'Fees.DevelopershallreimbursetheCityforanyexpenses, including reasonableattorneys'fees,whichareincurredbytheCity intheeventthatthe City determines thatitisnecessary andappropriatetoseekjudicialenforcementofthis DeclarationandtheCity obtainsrelief,whetherby agreementofthepartiesorthrough orderofacourtofcompetent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the applicationofthisDeclarationtoanypersonorcircumstancewillbeoris declaredtoanyextent tobe invalidor unenforceable,the remainder ofthisDeclaration,or the applicationof such provisionorportionthereoftoanypersonorcircumstance,shall notbeaffectedthereby,and eachandevery otherprovisionofthisDeclarationshallbe validandenforceabletothefullest extent permitted bylaw. INWITNESSWHEREOF, Developerhas causedthis Declaration to beexecuted this dayof , 2014. In thePresenceof:MAINSTREAM PARTNERSVIII,LTD., aFloridalimited partnership BY:MAINSTREAMGP, LLC, itsGeneralPartner PrintName As to “Developer” BY: EDWARD W. EASTON & COMPANY, INC., itManagingMember PrintName By: Antonio Fernandez CITYOFCLEARWATER, FLORIDA By: William BHomeII, City Manager Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS Theforegoing Declaration was acknowledged beforemethis dayof , 2014, byAntonioFernandez, on behalfofEdward W. Easton &Company,Inc.,aFlorida corporation, theManagingMemberofMainstream GP,LLC, aFloridalimited liabilitycompany, as General PartnerofMainstream Partners VIII,LTD,aFloridalimited partnership, on behalfof the aforesaid entities. Heis [ ]personallyknown tomeorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: SCHEDULE“A” PROJECT LEGALDESCRIPTION DESCRIPTION PARCEL B, PROJECT AREA: (AS PROVIDED BY CLIENT) PARCEL 1: LOTS 8, 9 AND 9-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOT 12, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 3: LOT 10 AND 10-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 41,923.8 square feet / 0.96 ACRES MORE OR LESS. EXHIBIT“D” COVENANTOFUNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANTOFUNIFIED USE THISCOVENANTOFUNIFIEDUSE(the"Covenant")isexecutedthis dayof , 2014, by (“Developer"). WITNESSETH: WHEREAS,DeveloperistheowneroftherealpropertylegallydescribedonSchedule "A"attached hereto and incorporated herein byreference(the"Real Property"); and WHEREAS,DeveloperandtheCityofClearwater,Florida(the"City")arepartiestothat certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"),pursuanttowhichtheCityhasagreedthatDevelopermaydevelopandconstruct upon theReal Propertyahotel project as describedin theAgreement(the"Project"); and WHEREAS,DeveloperintendstodevelopandoperatetheRealPropertyforaunified use, as moreparticularlydescribed in this Covenant. NOW,THEREFORE,inconsiderationofthesumofTenDollars($10.00)andother goodandvaluableconsideration,thereceiptandsufficiency ofwhicharehereby acknowledged, Developerdoesherebyagreethat,effectiveasofthedateonwhichDeveloperreceivesall permitsrequiredtoconstructthe ProjectandDevelopercommencesconstructionthereof,as evidencedbyaNoticeofCommencementfortheProject,theRealProperty shallbedeveloped andoperatedasalimited-servicehotelproject,asdescribedintheAgreement.Therestrictions setforthintheprecedingsentenceshallexpireautomatically whenandifDeveloper'sallocation ofadditionalhotelunits(asdefinedintheAgreement)expiresoristerminated.Nothing inthis AgreementshallrequireDevelopertodeveloptheProjectorrestrictDeveloper'sability tosell, assign,transferorotherwiseconveyitsrightinandtotheRealPropertyoranyportionor portionsthereoftounrelatedthird-parties.DeveloperagreesthattheCity shallhavetherightto enforcethetermsand conditions ofthis Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. INWITNESSWHEREOF,DeveloperhascausedthisAgreementtobe executed this dayof , 2014. In thePresenceof:MAINSTREAM PARTNERSVIII,LTD., aFloridalimited partnership BY:MAINSTREAMGP, LLC, itsGeneralPartner BY: EDWARD W. EASTON & COMPANY, INC., itManagingMember PrintName By: Antonio Fernandez PrintName As to “Developer” CITYOFCLEARWATER, FLORIDA By: William BHomeII, CityManager Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,byAntonio Fernandez on behalfofEdwardW.Easton& Company,Inc.,aFloridacorporation,theManaging MemberofMainstreamGP,LLC,a Floridalimitedliability company,asGeneralPartnerofMainstreamPartnersVIII,LTD, a Floridalimited partnership, on behalfoftheaforesaid entities. Heis [ ]personally known to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: SCHEDULE“A” PROJECT LEGALDESCRIPTION DESCRIPTION PARCEL B, PROJECT AREA: (AS PROVIDED BY CLIENT) PARCEL 1: LOTS 8, 9 AND 9-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOT 12, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 3: LOT 10 AND 10-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 41,923.8 square feet / 0.96 ACRES MORE OR LESS HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T P/ L P/ L P/L P/L 15' BUILDING SETBACK 15' BUILDING SETBACK 10 ' B U I L D I N G SE T B A C K P R O P O S E D 1 0 - S T O R Y H O T E L EX I S T I N G 1 - ST O R Y B U I L D I N G EX I S T I N G 2 - S T O R Y BU I L D I N G 15 ' - 3 " PA R K I N G GA R A G E DR I V E W A Y PA R K I N G GA R A G E DR I V E W A Y SE R V I C E DR I V E W A Y 15 ' B U I L D I N G SE T B A C K B A S E F L O O D E L E V A T IO N = 1 2 ' B A S E F L O O D E L E V A T IO N = 1 1 ' CLEARWATER HARBOR 2' - 0" 10' - 10 1/4" 15' BUILDING STEPBACK 15' BUILDING STEPBACK 15 ' - 0 " 11' - 9" SI D E W A L K 7' - 0 " SIDEWALK 5' - 0" SI D E W A L K 10 ' - 0 " SIDEWALK 10' - 0" ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-0015-5-2014SITE PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 1 " = 2 0 ' - 0 " 1 Si t e NORTH P/ L P/ L P/L P/L 15' BUILDING SETBACK 15' BUILDING SETBACK 10 ' B U I L D I N G SE T B A C K PR O P O S E D 1 0 - ST O R Y H O T E L EX I S T I N G 1 - ST O R Y B U I L D I N G EX I S T I N G 2 - S T O R Y BU I L D I N G PA R K I N G GA R A G E DR I V E W A Y PA R K I N G GA R A G E DR I V E W A Y SE R V I C E DR I V E W A Y 15 ' B U I L D I N G SE T B A C K B A S E F L O O D E L E V A T IO N = 1 2 ' B A S E F L O O D E L E V A T IO N = 1 1 ' 15' BUILDING STEPBACK 15' BUILDING STEPBACK HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T CLEARWATER HARBOR ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-0025-5-2014SITE PLAN -COLORMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 1 " = 2 0 ' - 0 " 1 Si t e - C o l o r A-2031 A- 2 0 2 A- 2 0 4 A- 2 0 1 1 1 1 24 ' - 0 " HO T E L L O B B Y AC C E S S O R Y AR E A TR A S H S E R V I C E ST A I R BO H 12 % 7% 6% HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T STAIR HC 11' - 9" 15 ' - 3 " 15' - 0 1/2" 15' - 0"8 6 5 26 ' - 4 " RA M P U P RAMP UP RAMP UP CO V E R E D HO T E L E N T R Y 6, 0 0 0 S F PA R K I N G GA R A G E DR I V E W A Y PARKING GARAGE DRIVEWAY P/ L P/ L P/L P/L SE R V I C E DR I V E W A Y 15' BUILDING SETBACK 15' BUILDING SETBACK 15 ' B U I L D I N G SE T B A C K 10 ' B U I L D I N G SE T B A C K EL E V A T O R LO B B Y EX I S T I N G 1- S T O R Y B U I L D I N G EX I S T I N G 2- S T O R Y B U I L D I N G 19' - 9 1/4" 19 ' - 2 3 / 4 " 1 A- 3 0 1 2 47 ' - 0 " 88 ' - 0 " 46 ' - 0 " 3' - 8 " 32' - 0"17' - 0"28' - 0"62' - 0"18' - 11 1/2" 18 ' - 8 " 6 2 ' - 0 " 2 8 ' - 0 " 3 1 ' - 0 " 2 7 ' - 6 " 7 ' - 6 " 1 1 ' - 8 " 3 ' - 4 " 3' - 0"26' - 0"48' - 0"50' - 8"18' - 4"8' - 0"4' - 0" 5' - 0" 5' - 0 " 7' - 0 " 1 2 ' - 0 " 18' - 0" 9' - 0 " 18' - 0" 9' - 0" 18' - 0" 10 ' S I D E W A L K 5' S I D E W A L K 10' SIDEWALK 7' SIDEWALK ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-1015-5-2014LEVEL 1 FLOOR PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 3 / 3 2 " = 1 ' - 0 " 1 Le v e l 1 - G R A D E NORTH A-2031 A- 2 0 2 A- 2 0 4 A- 2 0 1 1 1 1 24' - 0" 24' - 0" BO H EL E V A T O R LO B B Y ST A I R ME C H FI R E STAIR 12 % 11 % 12 6 6 4 15 9 P/ L P/L P/L HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T 24 ' - 0 " 24' - 0" 24 ' - 0 " 25 ' - 4 " HC HC P/ L 1 A- 3 0 1 7' - 4"12' - 0" 18 ' - 0 " 9' - 0 " 18' - 0" 18 ' - 0 " 9' - 0" 9' - 0" 18' - 0"ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-1025-5-2014LEVEL 2 FLOOR PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 NORTH 3 / 3 2 " = 1 ' - 0 " 1 Le v e l 2 A-2031 A- 2 0 2 A- 2 0 4 A- 2 0 1 1 1 1 ST A I R STAIR 11 % 11 % ?BO H 12 6 6 4 15 12 P/ L P/L P/L HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T 24 ' - 0 " 24 ' - 0 " 25 ' - 4 " HC HC 24' - 0" P/ L 1 A- 3 0 1 EL E V A T O R LO B B Y 7' - 0"12' - 0" 18 ' - 0 " 9' - 0 " 18' - 0" 9' - 0" 18' - 0" 9' - 0" 18 ' - 0 " 18' - 0" 9' - 0 " ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-1035-5-2014LEVEL 3 FLOOR PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 NORTH 3 / 3 2 " = 1 ' - 0 " 1 Le v e l 3 A-2031 A- 2 0 2 A- 2 0 1 1 1 11 % ST A I R ?BO H STAIR11 6 4 15 12 P/ L P/L P/L HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T 24 ' - 0 " 24 ' - 0 " 25 ' - 4 " HC HC 24' - 0" P/ L 1 A- 3 0 1 6 7' - 0"12' - 0" 18 ' - 0 " 9' - 0 " 18' - 0" 9' - 0" 9' - 0" 18 ' - 0 " 18' - 0"ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-1045-5-2014LEVEL 4 FLOOR PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 NORTH 3 / 3 2 " = 1 ' - 0 " 1 Le v e l 4 A-2031 A- 2 0 2 A- 2 0 4 A- 2 0 1 1 1 1P/ L P/L P/L HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T QQ QQ QQ KI N G ST A I R STAIR EX E R C I S E RE C E P T I O N GI F T S H O P BA C K O F H O U S E PO O L OU T D O O R D E C K PA R K I N G D E C K BE L O W HS K P HO T E L C O M M O N AR E A 6, 3 0 0 S F PREP KITCHEN P/ L 1 A- 3 0 1 PARKING DECK BELOW ST E P B A C K 10 8 ' - 8 " STEPBACK 79' - 0" STEPBACK15' - 0" ST E P B A C K 13 ' - 8 " ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-1055-5-2014LEVEL 5 FLOOR PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 NORTH 3 / 3 2 " = 1 ' - 0 " 1 Le v e l 5 A-2031 A- 2 0 2 A- 2 0 1 1 1 30' - 0"17' - 0"32' - 0" 15 ' - 0 " 15 ' - 0 " 1 5 ' - 0 " 1 5 ' - 0 " 1 5 ' - 0 " 1 5 ' - 0 " 1 5 ' - 0 " 5 ' - 6 " 2 4 ' - 6 " 25 ' - 6 " 5 ' - 6 " 1 5 ' - 0 " 5' - 0" 18 1 ' - 0 " 17' - 0"15' - 0" 16 ' - 0 " 1 5 ' - 0 " 1 0 ' - 4 3 / 8 " 9 ' - 1 5 / 8 " 1 0 ' - 6 " 1 5 ' - 0 " 3 0 ' - 0 " 15 ' - 0 " 6' - 0"31' - 0"29' - 0" 5' - 0 " 2 8 ' - 0 " 6 ' - 0 " 2 9 ' - 0 " 5 ' - 0 " QQ QQ QQ QQ SU I T E SU I T E ST O R KI N G QQ QQ KI N G QQQQ QQQQ QQ QQ QQ QQ QQ QQ QQ QQ QQ QQ KI N G 16' - 0"30' - 0"15' - 0"15' - 0"15' - 0"20' - 0" HS K P L O B B Y ST A I R CO R R I D O R QQ QQ 31 ' - 4 " 1 5 ' - 8 " 88 ' - 0 " 15 ' - 8 " 3 0 ' - 4 " STAIR P/ L P/L P/L HAMDEN DRIVE CORONADO DRIVE FI F T H S T R E E T P/ L PO O L D E C K BE L O W 79' - 0" 77 ' - 8 " 8' - 0"23' - 0"89' - 0"34' - 0"154' - 0" 51' - 0"14' - 4" 61' - 4" 62 ' - 0 " 1 4 ' - 4 " 76 ' - 4 " 1 A- 3 0 1 KI N G 30 ' - 9 1 / 4 " 5 ' - 5 1 / 2 " 1 4 ' - 1 0 " 1 4 ' - 1 1 1 / 4 " 31 ' - 0 " 3 5 ' - 0 " 1 1 ' - 8 " ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-1065-5-2014LEVEL 6-10 FLOOR PLANMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 NORTH 3 / 3 2 " = 1 ' - 0 " 1 Le v e l 6 - 1 0 Level 1 - GRADE -12' - 0"Level 2 0' - 0"Level 3 9' - 8"Level 4 19' - 4"Level 5 31' - 4"Level 6 43' - 4"Level 7 53' - 4"Level 8 63' - 4"Level 9 73' - 4"Level 10 83' - 4"ROOF 95' - 4"9' - 0"12' - 0"10' - 0"10' - 0"10' - 0"10' - 0"12' - 0"4' - 0"8' - 0"9' - 8"9' - 8"4' - 0"8' - 0"T.O. CORE 104' - 4"B.O. POOL 27' - 4"SEA LEVEL -16' - 0"BFE -4' - 0"99' - 4"P/L P/ L 19' - 1" 19 ' - 9 1 / 4 " ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-2015-5-2014EXTERIORELEVATIONSMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 3 / 3 2 " = 1 ' - 0 " 1 NO R T H E L E V A T I O N Level 1 - GRADE -12' - 0"Level 2 0' - 0"Level 3 9' - 8"Level 4 19' - 4"Level 5 31' - 4"Level 6 43' - 4"Level 7 53' - 4"Level 8 63' - 4"Level 9 73' - 4"Level 10 83' - 4"ROOF 95' - 4"T.O. CORE 104' - 4"B.O. POOL 27' - 4"SEA LEVEL -16' - 0"BFE -4' - 0"9' - 0"12' - 0"10' - 0"10' - 0"10' - 0"10' - 0"12' - 0"4' - 0"8' - 0"9' - 8"9' - 8"4' - 0"8' - 0"4' - 0"99' - 4"P/L P/ L 14 ' - 1 1 1 / 4 " 31' - 4" 18' - 7 3/4" ST E P B A C K 90 ' - 0 " ST E P B A C K 18 ' - 8 " ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-2025-5-2014EXTERIORELEVATIONSMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 3 / 3 2 " = 1 ' - 0 " 1 SO U T H E L E V A T I O N Level 1 - GRADE -12' - 0"Level 2 0' - 0"Level 3 9' - 8"Level 4 19' - 4"Level 5 31' - 4"Level 6 43' - 4"Level 7 53' - 4"Level 8 63' - 4"Level 9 73' - 4"Level 10 83' - 4"ROOF 95' - 4"T.O. CORE 104' - 4"B.O. POOL 27' - 4"9' - 0"12' - 0"10' - 0"10' - 0"10' - 0"10' - 0"12' - 0"4' - 0"8' - 0"9' - 8"9' - 8"4' - 0"8' - 0"4' - 0"SEA LEVEL -16' - 0"BFE -4' - 0"99' - 4"P/L P/ L 1 A- 3 0 1 15 ' - 0 " 11' - 9"ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-2035-5-2014EXTERIORELEVATIONSMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 3 / 3 2 " = 1 ' - 0 " 1 EA S T E L E V A T I O N Level 1 - GRADE -12' - 0"Level 2 0' - 0"Level 3 9' - 8"Level 4 19' - 4"Level 5 31' - 4"Level 6 43' - 4"Level 7 53' - 4"Level 8 63' - 4"Level 9 73' - 4"Level 10 83' - 4"ROOF 95' - 4"T.O. CORE 104' - 4"B.O. POOL 27' - 4"SEA LEVEL -16' - 0"BFE -4' - 0"9' - 0"12' - 0"10' - 0"10' - 0"10' - 0"10' - 0"12' - 0"4' - 0"8' - 0"9' - 8"9' - 8"4' - 0"8' - 0"4' - 0"99' - 4"P/L P/ L 10 ' - 4 " 1 A- 3 0 1 15 ' - 7 " ST E P B A C K 79 ' - 0 " ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-2045-5-2014EXTERIORELEVATIONSMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 3 / 3 2 " = 1 ' - 0 " 1 WE S T E L E V A T I O N Level 1 - GRADE -12' - 0"Level 2 0' - 0"Level 3 9' - 8"Level 4 19' - 4"Level 5 31' - 4"Level 6 43' - 4"Level 7 53' - 4"Level 8 63' - 4"Level 9 73' - 4"Level 10 83' - 4"ROOF 95' - 4"T.O. CORE 104' - 4"B.O. POOL 27' - 4"SEA LEVEL -16' - 0"BFE -4' - 0"23' - 4" 23' - 4" ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-3015-5-2014BUILDINGSECTIONSMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 3 / 3 2 " = 1 ' - 0 " 1 TY P I C A L B U I L D I N G S E C T I O N - 1 3 ' - 8 " 4 7 ' - 0 " 8 8 ' - 0 " 4 6 ' - 0 " 5 ' - 0 " 1 8 9 ' - 8 " 77' - 0" 50' - 8" 18' - 4" 8' - 0" 4' - 0" 158' - 0" S T E P B A C K 1 5 ' - 0 " HAMDEN DRIVE F I F T H S T R E E T CORONADO DRIVE A D J A C E N T P R O P E R T Y O W N E R 23' - 4" BA S E F L O O D EL E V A T I O N ( 8 ' - 0 " ) BA S E F L O O D EL E V A T I O N ( 8 ' - 0 " ) 3' - 8" 47' - 0" 88' - 0" 46' - 0" 5' - 0" 189' - 8" FIFTH STREET ADJACENT PROPERTY OWNER CORONADO DRIVE H A M D E N D R I V E 32' - 0"17' - 0"28' - 0"62' - 0"19' - 0"158' - 0"BASE FLOOD ELEVATION (8'-0")STEPBACK18' - 8" BA S E F L O O D EL E V A T I O N ( 8 ' - 0 " ) 23' - 4" 7 7 ' - 0 " 5 0 ' - 8 " 1 8 ' - 4 " 8 ' - 0 " 4 ' - 0 " 1 5 8 ' - 0 " STEPBACK 15' - 0" H A M D E N D R I V E C O R O N A D O D R I V E 18' - 8" 62' - 0" 28' - 0" 31' - 0" 35' - 0" 11' - 8" 3' - 4" 189' - 8" FIFTH STREET ADJACENT PROPERTY OWNER 23' - 4" BA S E F L O O D EL E V A T I O N ( 8 ' - 0 " ) BA S E F L O O D EL E V A T I O N ( 8 ' - 0 " ) CORONADO DRIVE HAMDEN DRIVE 32' - 0" 17' - 0" 28' - 0" 62' - 0" 19' - 0" 158' - 0" 18' - 8"62' - 0"28' - 0"31' - 0"35' - 0"11' - 8"186' - 4"FIFTH STREET A D J A C E N T P R O P E R T Y O W N E R S T E P B A C K 1 8 ' - 8 " BASE FLOOD ELEVATION (8'-0") BA S E F L O O D EL E V A T I O N ( 8 ' - 0 " ) 23' - 4" ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-3025-5-2014MASSINGSTUDYMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 1 MA S S S T U D Y - N E C O R N E R 2 MA S S S T U D Y - N W C O R N E R 3 MA S S S T U D Y - S E C O R N E R 4 MA S S S T U D Y - SW CORNER HAMDEN DRIVE CORONADO DRIVE A D J A C E N T P R O P E R T Y O W N E R F I F T H S T R E E T FIFTH STREET ADJACENT PROPERTY OWNER CORONADO DRIVE H A M D E N D R I V E H A M D E N D R I V E C O R O N A D O D R I V E FIFTH STREET ADJACENT PROPERTY OWNER CORONADO DRIVE HAMDENDRIVE FIFTH STREET A D J A C E N T P R O P E R T Y O W N E R ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-3045-5-2014ISOMETRICSTUDYMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 1 IS O M E T R I C S T U D Y - N E C O R N E R 2 IS O M E T R I C S T U D Y - N W C O R N E R 3 IS O M E T R I C S T U D Y - S E C O R N E R 4 IS O M E T R I C S T U D Y - S W C O R N E R ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-4015-5-20143D VIEWSMAI14.02 HDA RE-SUBMISSIONMAINSTREAM B PARCEL B 353 CORONADO DRIVE CLEARWATER, FLORIDA 33767 1 NE V I E W 2 NW V I E W 3 SE V I E W 4 SW V I E W UPDATED 06-10-14 Address of Receiving Property Hotel Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms Allowed by Base Density CDB Recommendation CC Approval Status Expiration Date Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Approved/Constructed Constructed FLD2009-03013 / DVA2009-00001 W. Wells 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Approved/Constructed Constructed FLD2008-12033 / DVA2008-00002 W. Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011 300 Hamden Drive (Hotel A)95 142 1.10 148.90 47 11/17/2009 12/17/2009 Approved 11/17/2014 FLD2009-08026 / DVA2009-00002 W. Wells 316 Hamden Drive (Hotel B)79 118 0.82 149.44 39 11/17/2009 12/17/2009 Approved 11/17/2014 FLD2009-08027 / DVA2009-00003 W. Wells 40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 Approved 5/21/2014 FLD2013-02007 / DVA2010-08001A W. Wells 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 Approved 6/19/2014 FLD2012-00000/DVA2012-03001 M. Jackson 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Approved 6/23/2015 FLS2013-02006 / DVA2013-02001 K. Nurnburger 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 Approved 5/21/2014 FLD2013-03011 / DVA2013-03001 K. Nurnburger 691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 Approved 12/17/2015 - date to obtain building permit HDA2013-08001/FLD2013-08028 K. Nurnburger 325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 Complete 6/4/2015 HDA2013-08004 (no HDA2013-08002 or 08003)M. Parry 353 Coronado Drive 96 158 0.962 164.24 48 N/A pending Complete pending first reading HDA2013-08005 M. Parry 405 Coronado Drive 100 164 1.32 124.24 66 N/A pending Complete pending DRC review HDA2013-08006 M. Parry 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 Approved 11/20/2015 - date to obtain building permit HDA2013-08007 M. Parry The maximum amount of units allotted is 69 although as few as 39 may be used. It is possible that 30 units may be returned to the Reserve. Term. Of Status for density approved October 15, 2013, see FLD2013-08025 715 South Gulfview Boulevard 93 208 2.313 89.92650238 115.65 N/A 2/20/2014 Approved 2/20/2015 HDA2013-12008 M. Parry The acreage is the portion of the site remaining after subtracting the amount of land needed to support 74 attached dwelling units. The total site is 4.38 acres (zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres for the hotel. 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.9568546 71 N/A 4/16/2014 Approved 4/16/2015 HDA2014-02001 K. Nurnburger 521 South Gulfview Boulevard 30 344 3.908 88.02456499 314 N/A pending Complete pending first reading HDA2014-04002 M. Parry Total Allocated in 2009 by City Council 288 Total Allocated in 2010 by City Council 53 Total Allocated in 2011 by City Council 0 Total Allocated in 2012 by City Council 71 Total Allocated in 2013 by City Council 306 Total Allocated in 2014 by City Council 110 Total Pending 326 Total Number of Rooms in Reserve 1,385 Amount Less Pending Total Number of Rooms Allocated from Reserve 828 231 Allocated rooms returned to the Reserve due to the project not being built Total Remaining For Allocation 557 HOTEL DENSITY RESERVE does not include 2014 pending; approved only Resolution No. 14-19 RESOLUTION NO. 14-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND MAINSTREAM PARTNERS, VIII, LTD.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with MAINSTREAM PARTNERS, VIII, LTD.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and MAINSTREAM PARTNERS, VIII, LTD., a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submita recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-14 Agenda Date: 6/16/2014 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a Development Agreement between Decade Gulf Coast Hotel Partners , L.P. and J.K. Gulfview LLC (the property owners) and the City of Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-14, and authorize the appropriate officials to execute same . (HDA2014-04002) SUMMARY: Site Location and Existing Conditions: The 4.87-acre subject property is located on the south side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard with 467 feet of frontage along South Gulf Boulevard and 600 feet of frontage along the Clearwater Pass. The property spans two zoning districts including Tourist (T) and Open Space/Recreation (OS/R) and one Future Land Use Plan (FLUP) classification, Resort Facilities High (RFH). The subject property is also located within the South Beach/Clearwater Pass District of Beach by Design. The portion of the site within the T District is 3.908 acres and landward of an existing seawall. The remainder of the site is submerged land and constitutes 0.962 acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The property is not oriented due north/south and for the purposes of this agenda item the property line along South Gulfview Boulevard will be referred to as the north property line, the waterfront side as south and the other two sides as east and west. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses. The 440 and 450 West attached dwelling condominiums towers are located to the west of the subject property and are 157 feet in height (each tower). Shephard’s is located to the east of the site . The City’s Beach Walk project has been constructed transforming South Gulfview Boulevard to the north 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. The property is used as a 189-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-0024076). The hotel units are located within two buildings ranging between seven and nine stories. These two buildings are located on the eastern two-thirds of the site. A 6,144 square-foot two story conference center is located at the southeast corner of the site. Parking is provided via a mix of surface parking and structured, under-building parking. A landscape buffer approximately three feet in width is provided along the north property line adjacent to South Gulfview Boulevard. A public access easement with sidewalk runs along the west side of the site. Access to the site is provided from South Gulfview Boulevard via three two-way driveways with one centrally located and one each at the northeast and northwest corners of the site. Page 1 City of Clearwater Printed on 6/17/2014 File Number: ID#14-14 Site History: Ø On January 18, 2005, the Community Development Board (CDB) approved Cases FLD2004-04025/TDR2004-09011 for the Termination of Status of Nonconformity for density to allow the continuation of an existing 289-room/unit hotel (where 156 rooms/units were permitted at the time); site plan approval of a mixed use development, as a Comprehensive Infill Redevelopment Project and a Transfer of Development Rights for two dwelling units from 850 Bayway Boulevard. Ø Two minor amendments were approved by the Community Development Coordinator on December 28, 2005 and April 5, 2006. Ø On May 15, 2007, the CDB approved Case FLD2007-03008 to permit the addition of a 6,144 square-foot conference center as an accessory use to an existing hotel as a Comprehensive Infill Redevelopment Project under the (then) provisions of Section 2- 803.C. All required time frames set for each of the above site plan approvals have been met and the approvals are considered vested. It is important to note that the Termination of Status of Nonconformity (TSN) request for density and the Transfer of Development Rights (TDR) run with the land irrespective of the status of any associated site plan approvals. It should also be noted that no residential units were ever physically established on the property. Ø On January 21, 2014, the CDB approved Case FLD 2013-11038 to permit a 314-room overnight accommodation use (including 189 existing units and 75 dwelling units converted to 125 overnight accommodation units previously approved and transferred under FLD2004-04025 and TDR2004-09011). The abovementioned application (FLD2013-11038) has not been vested as permits for site and/or building work have yet to be submitted. In addition, should this request for additional density from the Reserve be approved by the Council the site will need to be resubmitted to the CDB for approval due to the increase in density. In summary, the overall site plan for this site has been approved and substantially implemented through a series of Flexible Development requests over the last nine years. Development Proposal: The owners propose to utilize the otherwise permitted density of 314 units and incorporate an additional 30 units from the Hotel Density Reserve through Beach by Design resulting in a total of 344 units (88 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 3.908 acre portion within the T District . The current proposal is to maintain the approved site plan and elevations and, existing buildings. The additional density of 30 hotel units will be accommodated within the recently approved western building. The proposed building will be just less than 100 feet (from Base Flood Elevation) to flat roof with parking on the first five levels. Since no portion of the building exceeds 100 feet in height separation requirements from other buildings greater than 100 feet in height as otherwise required by Beach by Design do not apply. The materials and colors of the building will support its Mediterranean Revival architectural style. The building will be painted four earth tones ranging from brownish-gold to medium brown to shades of white. The building facades are broken up with a variety of offsets , windows, balconies and rooflines. The proposed hotel design is compatible with the surrounding uses and Page 2 City of Clearwater Printed on 6/17/2014 File Number: ID#14-14 complements the existing buildings on site. It will be located approximately 17 feet from the centrally-located building already on the site. All parking for the hotel guests and employees is provided within the first five floors of the building. Guest rooms begin on the third level. A total of 352 spaces are provided within the building. This differs slightly from the approved site plans which included 346 spaces. The architect was able to modify portions of the parking levels to gain an additional six spaces. An additional 61 spaces are provided elsewhere on the site either as surface parking or under existing buildings bringing the total number of provided spaces to 413 or 1.2 parking spaces per hotel room where 1.2 spaces is required. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to Table 2-803, CDC, the minimum required lot area for Overnight Accommodations is between 10,000 and 20,000 square feet. The subject property is 170,232 square feet in area landward of the seawall (zoned T District). Pursuant to the same Table , the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site along South Gulfview Boulevard is 467 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-803, CDC, the minimum required front setbacks for Overnight Accommodations can range between zero and 15 feet, minimum side setback between zero and 10 feet and minimum rear setback between zero and 20 feet. In addition, Section 3-903, CDC, provides that parking lots shall be set back from front property lines a distance of 15 feet, and shall be set back from all other property lines a distance that is consistent with the required perimeter landscape buffer width . However, for properties within the T District , the setback for parking lots shall be based a dimension consistent with the existing/proposed building setback, or at a dimension consistent with setbacks required or otherwise established by Beach by Design, whichever is less. Section F of the Design Guidelines within Beach by Design provides that all parking areas are to be separated from public rights-of-way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet and not more than 3.5 feet in height. Surface parking areas that are visible from public streets or other public places must be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent properties. The required setback to parking is therefore, three feet. The approved site plan includes a front (north) setback of 15 feet (to building), zero feet (to entry plaza paving) and three feet (to parking), a side (west) setback of 15 feet (to building) and zero feet (to existing public access sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet (to existing parking and dumpster enclosure), a rear (south) setback of 106 feet (to building). The proposal met the setback requirements of Table 2-803, CDC, for Overnight Accommodations as well as the requirements of Section 3-903, CDC, and the applicable sections of Beach by Design. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for building and portions of building which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for Overnight Accommodations is between 35 and 100 feet. As examined in detail, above, Beach by Design provides further Page 3 City of Clearwater Printed on 6/17/2014 File Number: ID#14-14 clarification as to the circumstances under which height may be increased to 150 feet. The proposed building height of just less than 100 feet to the top of the roof deck (113 to mid-point of peaked roof screening for elevator and other mechanical equipment) is consistent with this CDC section and with the guidelines of Beach by Design. Minimum Off-street Parking: Pursuant to Table 2-803, CDC, the minimum off-street parking requirement for Overnight Accommodations is between one and 1.2 spaces per unit (between 344 and 413 spaces). A total of 413 (1.2 spaces per unit) are to be provided within the first five floors of the proposed building, under existing buildings and via surface parking spaces. The proposal is therefore consistent with the Code provisions of Article 2 Division 8 and Beach by Design and no flexibility from the Code is necessary. Landscaping: Pursuant to Section 3-1202.D., CDC, there are no perimeter buffers required in the T District for this site. This proposal meets the required minimum five-foot wide foundation planting along the north side of the building. The proposal also includes a perimeter landscape buffer approximately three to five feet in width along the north side of the site. The landscape design incorporates plant material that is native and/or naturalized and salt tolerant, while providing visual interest. It should be noted that the proposal is consistent with Section F of the Design Guidelines of Beach by Design which provides that surface parking be buffered with landscaping at least three feet in width and 3.5 feet in height. The CDC requires that at least 10 percent of the vehicular use area be dedicated to landscaped area where just over 10 percent is provided. Pursuant to Section 3-1202.B., CDC, up to 75 percent of required shade trees may be provided with palm trees where no shade trees are proposed. The proposal received relief from this requirement through the inclusion of a Comprehensive Landscape Program pursuant to Section 3-1202.G., CDC. Consistency with Beach by Design: Design Guidelines: A thorough review of the provided architectural elevations and massing study was conducted as part of the most recent Flexible Development review process and the proposed building was found by the CDB to be consistent with the applicable Design Guidelines established in Beach by Design. 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 to operate 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: Page 4 City of Clearwater Printed on 6/17/2014 File Number: ID#14-14 §Provides for the allocation of 30 units from the Hotel Density Reserve or a maximum density of 88 units per acre; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; §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 §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. 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 5 City of Clearwater Printed on 6/17/2014 70 ' R I G H T O F W A Y ( P ) A S P H A L T P A V E M E N T TE N A N T S P A C E 2, 5 0 0 S F TE N A N T S P A C E 2, 5 0 0 S F EL E V A T O R L O B B Y 1, 3 0 0 S F TR A S H R O O M 2, 0 0 0 S F AC C E S S E A S E M E N T EX I S T I N G HO T E L LINE OF BUILDING ABOVE PA R K I N G BE N E A T H R A M P COVERED TERRACE EG R E S S D R I V E EN T R Y D R I V E UP UP UP UP PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L O N E HC HC HC 9 6 9 11 3 8 1 3 15'-0" 15'-0" 31 ' - 1 1 " 20'-1" UP LI N E O F BU I L D I N G AB O V E 15'-0" 16'-6"24'-0" 12'-0" 9'-0" 18 ' - 0 " 25 ' - 6 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 25'-4" 24 ' - 0 " 24'-0" 24 ' - 0 " 9'-0" 15 ' S I D E Y A R D SE T B A C K 15' FRONT YARD SETBACK DE C O R A T I V E PA V E R S CA R E N T R Y & DR O P - O F F P/ L P/ L P/L SOUTH GULFVIEW BOULEVARD LINE OF BUILDING ABOVE RAMP UP 5.5% MAX RAMP UP 5.5% MAX 105'-812"100'-9" 16'-11" EX T E N T O F PA R K I N G BE N E A T H R A M P BI K E S BI K E S 50 P A R K I N G SP A C E S ( 3 H C ) 97 ' - 5 " 46 ' - 1 1 " 72 ' - 6 " 50 ' - 5 " 61'-9"89'-3" 96 ' - 6 " 34 ' - 5 " 10 0 ' - 0 " AC C E S S E A S E M E N T 92'-6"57'-0" FUTURE WATER SLIDE CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_1LEVEL 1 201 202 203 204 205 206 207 RAMP DOWN RAMP UP RAMP UP EL E V A T O R LO B B Y BALCONY UP DN UP DN UPDN UP DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L T W O BALCONY UP DN 5 5 13 11 11 8 9 36 3 HC FI R E P U M P SE R V I C E EL E V A T O R ST O EL E C T R I C A L 15'-0" 15'-0" 15'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 24'-0"18'-0" 12'-0" 9'-0" 24'-0" 25'-4" 9' - 0 " GUEST CORRIDOR 14'-3" 30'-10" 5.5% MAX 5.5% MAX 5.5% MAX 100'-812"105'-812" 12 ' - 0 " 96 ' - 6 " 34 ' - 5 " 10 0 ' - 0 " 25'-9"89'-3"61'-9" 97 ' - 5 " 13 ' - 4 " 20 ' - 1 0 " 12 ' - 1 0 " 72 ' - 6 " 9' - 5 " 16 ' - 1 1 " 18'-5" 16'-11" 20'-1" GE N E R A T O R HC 1 73 P A R K I N G SP A C E S ( 2 H C ) CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_2LEVEL 2 30 1 30 2 30 3 30 4 30 5 30 6 30 7 BALCONY UP DN UP DN UPDN UP DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L T H R E E BALCONY 13 9 36 3 8 ST O SE R V I C E EL E V A T O R 15'-0" 15'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 24'-0"18'-0" 9'-0" 24'-0" 25'-4" 9' - 0 " GUEST CORRIDOR 14'-3" 30 ' - 1 0 " RAMP DOWN RAMP UP RAMP UP 5.5% MAX 5.5% MAX 5.5% MAX EL E V A T O R LO B B Y UPDN 5 5 11 11 HC HC 1 81 P A R K I N G SP A C E S ( 2 H C ) ME C H 6 CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_2aLEVEL 3 401 402 403 404 405 406 407BALCONY UP DN UP DN UPDN UP DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L F O U R BALCONY 13 6 9 6 3 ST O 8 SE R V I C E EL E V A T O R 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 24'-0"18'-0" 12'-0" 9'-0" 24'-0" 25'-4" 9' - 0 " GUEST CORRIDOR 14'-3" 30'-10" RAMP DOWN RAMP UP RAMP UP 5.5% MAX 5.5% MAX 5.5% MAX ME C H EL E V A T O R LO B B Y UP DN 5 5 11 11 HC HC 1 81 P A R K I N G SP A C E S ( 2 H C ) CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_3LEVELS 4 501 502 503 504 505 506 507BALCONY UP DN UP DN PROJECT NORTH N UPDN DNUP EX I S T I N G H O T E L 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L F I V E BALCONY 9 13 3 9 3 LI N E O F PO O L A B O V E LA U N D R Y R O O M 1, 9 0 0 S F ST O OP E N T O BE L O W LI N E O F BU I L D I N G A B O V E 2' - 0 " S T E P B A C K 12'-0" 24'-0"18'-0" 9' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 24'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " GUEST CORRIDOR 14'-3" 30'-10" RAMP DOWN 5.5% MAX EL E V A T O R LO B B Y UP DN 5 5 11 HC HC 59 P A R K I N G SP A C E S ( 2 H C ) 1 CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_4LEVEL5 FR O N T D E S K BA C K O F F I C E / AD M I N I S T R A T I O N ME N WO M E N MA I N K I T C H E N BR E A K F A S T / D I N I N G 2, 4 0 0 S F BA C K - O F - H O U S E EG R E S S C O R R I D O R BA C K - O F - H O U S E EG R E S S C O R R I D O R EL E V A T O R LO B B Y 60 1 60 2 60 3 ME E T I N G R O O M S 1, 8 7 5 S F GUEST CORRIDOR MEETING CORRIDOR MEN WOMEN SW I M M I N G P O O L 1, 8 0 0 S F GA Z E B O COVERED PATIO 1,400 SF GI F T S H O P 45 0 LO B B Y LO B B Y L O U N G E 1, 4 0 0 S F PO O L D E C K 16 , 0 0 0 S F EX E R C I S E R O O M DN UP DN UPDN UP DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " LE V E L S I X UP DN ST O R A G E 30 0 S F ST O BU S I N E S S CE N T E R PR E - F U N C T I O N 1, 8 0 0 S F BA N Q U E T BR E A K F A S T BU F F E T M W TERRACE TERRACE CA B A N A S HS K P 93'-0" STEPBACK 18 9 ' - 1 0 " S T E P B A C K 82'-2" STEPBACK 18'-10" BA L C O N Y AB O V E 9' - 0 " 97 ' - 5 " 13 ' - 4 " 20 ' - 1 0 " 12 ' - 9 " 72 ' - 6 3 4" 9' - 5 " 16 ' - 1 1 " 5'-3"CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_5LEVEL 6 70 1 70 2 70 3 7 0 5 70 6 70 7 70 8 7 1 0 71 1 71 2 71 3 7 1 5 714716717 73 1 73 3 GU E S T C O R R I D O R EL E V A T O R LO B B Y 73 5 73 7 73 8 73 9 74 1 74 3 74 7 74 4 74 8 74 2 BALCONY UPDN UP DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L S E V E N UP DN HS K P ME C H ST O R A G E BALCONY 9' - 0 " S T E P B A C K RO O F B E L O W PO O L B E L O W CA B A N A S B E L O W GUEST CORRIDOR CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_6LEVEL 7 GU E S T C O R R I D O R EL E V A T O R LO B B Y BALCONY BALCONY UPDN UP DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L E I G H T - N I N E UP DN HS K P ME C H ST O R A G E BALCONY 6' - 0 " S T E P B A C K PO O L B E L O W CA B A N A S B E L O W 13'-11" 29 ' - 0 " 14'-3"28'-10" 14'-3" 29 ' - 2 " GUEST CORRIDOR RO O F B E L O W BALCONY BELOW 80 1 80 2 80 3 80 4 80 5 80 6 8 0 8 80 7 81 0 80 9 81 1 812813814 83 1 83 3 83 5 83 6 83 7 83 9 84 1 84 3 83 8 84 2 84 4 84 0 CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_7LEVEL 8-9 10 0 1 10 0 2 10 0 3 10 0 4 10 0 5 10 0 6 10 0 8 10 0 9 1 0 1 1 101010121013 10 3 2 10 3 1 GU E S T C O R R I D O R EL E V A T O R LO B B Y PR E P K I T C H E N SE R V I C E EL E V A T O R LO B B Y RO O F TO P B A R PR O J E C T O R AR E A CO V E R E D B A R AR E A DN DN EX I S T I N G H O T E L PROJECT NORTH N 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L T E N DN ST O R A G E HS K P 10 0 7 ME C H ST O R A G E BALCONY BALCONY PO O L B E L O W CA B A N A S B E L O W 14'-3"28'-10" RO O F B E L O W BALCONY BELOW 35'-8" 13 ' - 1 1 " CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_10LEVEL 10 TENANT SPACE 2,500 SF TENANT SPACE 2,500 SF ELEVATOR LOBBY 1,300 SFTRASH ROOM 2,000 SF ACCESS EASEMENTEXISTINGHOTELLINE OF BUILDING ABOVE PARKING BENEATH RAMPCOVERED TERRACE EGRESS DRIVE ENTRY DRIVE UPUPUPUPHCHCHC969113813 15'-0"15'-0"31'-11"20'-1"UPLINE OF BUILDING ABOVE 15'-0"16'-6"24'-0"12'-0"9'-0"18'-0"25'-6"18'-0"24'-0"18'-0"18'-0"24'-0"18'-0"25'-4"24'-0"24'-0"24'-0"9'-0"15' SIDE YARD SETBACK15' FRONT YARD SETBACK DECORATIVE PAVERSCAR ENTRY &DROP-OFF P/LP/LP/L SOUTH GULFVIEW BOULEVARDLINE OF BUILDING ABOVE RAMP UP 5.5% MAX RAMP UP 5.5% MAX 1SCALE: 1" = 50'LEVEL 1105'-812"100'-9"16'-11"EXTENT OF PARKING BENEATH RAMP BIKESBIKES50 PARKING SPACES (3 HC)97'-5"46'-11"72'-6"50'-5"61'-9"89'-3"96'-6"34'-5"100'-0"ACCESS EASEMENT92'-6"57'-0"FUTURE WATER SLIDE201202203204205206207RAMP DOWN RAMP UPRAMP UPELEVATORLOBBY BALCONY UPDNUPDNUPDNUPDNEXISTING HOTEL BALCONYUPDN 5513111189 36 3HCFIRE PUMP SERVICE ELEVATORSTOELECTRICAL 15'-0"15'-0"15'-0"18'-0"24'-0"18'-0"18'-0"24'-0"18'-0"18'-0"24'-0"18'-0"18'-0"24'-0"24'-0"18'-0"12'-0"9'-0"24'-0"25'-4"9'-0"GUEST CORRIDOR 14'-3"30'-10"5.5% MAX5.5% MAX 5.5% MAX 2SCALE: 1" = 50'LEVEL 2100'-812"105'-812"12'-0"96'-6"34'-5"100'-0"25'-9"89'-3"61'-9"97'-5"13'-4"20'-10"12'-10"72'-6"9'-5"16'-11"18'-5"16'-11"20'-1"GENERATOR HC 173 PARKING SPACES (2 HC) 40 1 40 2 40 3 40 4 40 5 40 6 40 7 BALCONY UP DN UPDN UPDN UP DN EX I S T I N G H O T E L BALCONY 13 6 9 6 3 ST O 8 SE R V I C E EL E V A T O R 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 24'-0"18'-0" 12'-0" 9'-0" 24'-0" 25'-4" 9' - 0 " GUEST CORRIDOR 14'-3" 30 ' - 1 0 " RAMP DOWN RAMP UP RAMP UP 5.5% MAX 5.5% MAX 5.5% MAX ME C H 4 SC A L E : 1 " = 5 0 ' LE V E L 4 EL E V A T O R LO B B Y UPDN 5 5 11 11 HC HC 1 81 P A R K I N G SP A C E S ( 2 H C ) 50 1 50 2 50 3 50 4 50 5 50 6 50 7 BALCONY UP DN UPDN UPDN DNUP EX I S T I N G H O T E L BALCONY 9 13 3 9 3 LI N E O F PO O L A B O V E LA U N D R Y R O O M 1, 9 0 0 S F ST O OP E N T O BE L O W LI N E O F BU I L D I N G A B O V E 2' - 0 " S T E P B A C K 12'-0" 24'-0"18'-0" 9' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 24'-0" 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " GUEST CORRIDOR 14'-3" 30 ' - 1 0 " RAMP DOWN 5.5% MAX 5 SC A L E : 1 " = 5 0 ' LE V E L 5 EL E V A T O R LO B B Y UPDN 5 5 11 HC HC 59 P A R K I N G SP A C E S ( 2 H C ) 1 FR O N T D E S K BA C K O F F I C E / AD M I N I S T R A T I O N ME N WO M E N MA I N K I T C H E N BR E A K F A S T / D I N I N G 2, 4 0 0 S F BA C K - O F - H O U S E EG R E S S C O R R I D O R BA C K - O F - H O U S E EG R E S S C O R R I D O R EL E V A T O R LO B B Y 60 1 60 2 60 3 ME E T I N G R O O M S 1,8 7 5 S F GUEST CORRIDOR MEETING CORRIDOR ME N WO M E N SW I M M I N G P O O L 1, 8 0 0 S F GA Z E B O CO V E R E D PA T I O 1,4 0 0 S F GI F T S H O P 45 0 LO B B Y LO B B Y L O U N G E 1,4 0 0 S F PO O L D E C K 16 , 0 0 0 S F EX E R C I S E R O O M DN UPDN UPDN UP DN EX I S T I N G H O T E L UPDN ST O R A G E 30 0 S F ST O BU S I N E S S CE N T E R PR E - F U N C T I O N 1,8 0 0 S F BA N Q U E T BR E A K F A S T BU F F E T M W TERRACE TERRACE CA B A N A S HS K P 93'-0" STEPBACK 18 9 ' - 1 0 " S T E P B A C K 82'-2" STEPBACK 18 ' - 1 0 " 6 SC A L E : 1 / 1 6 " = 1 ' - 0 " ( N T S 8 1 / 2 X 1 1 ) LE V E L 6 BA L C O N Y AB O V E 9' - 0 " 97 ' - 5 " 13 ' - 4 " 20 ' - 1 0 " 12 ' - 9 " 72 ' - 6 3 4" 9' - 5 " 16 ' - 1 1 " 5' - 3 " 70 1 70 2 70 3 7 0 5 70 6 70 7 70 8 7 1 0 71 1 712 71 3 7 1 5 71471 6 71 7 73 1 73 3 GU E S T C O R R I D O R EL E V A T O R LO B B Y 73 5 73 7 73 8 73 9 74 1 74 3 74 7 74 4 74 8 74 2 BALCONY UPDN UP DN EX I S T I N G H O T E L UPDN HS K P ME C H ST O R A G E BALCONY 9'- 0 " S T E P B A C K RO O F B E L O W PO O L B E L O W CA B A N A S B E L O W GUEST CORRIDOR 7 SC A L E : 1 " = 5 0 ' LE V E L 7 GU E S T C O R R I D O R EL E V A T O R LO B B Y BALCONY BALCONY UPDN UP DN EX I S T I N G H O T E L UPDN HS K P ME C H ST O R A G E BALCONY 6' - 0 " S T E P B A C K PO O L B E L O W CA B A N A S B E L O W 13'-11" 29' - 0 " 14'-3" 28 ' - 1 0 " 14'-3" 29 ' - 2 " GUEST CORRIDOR RO O F B E L O W BALCONY BELOW 8 SC A L E : 1 " = 5 0 ' LE V E L 8 - 9 80 1 80 280 3 80 4 80 5 80 6 8 0 8 80 7 81 0 80 9 8 1 1 81 2 81 3 81 4 83 1 83 3 83 5 83 6 83 7 83 9 84 1 84 3 83 8 84 2 84 4 84 0 10 0 1 10 0 2 10 0 3 10 0 4 10 0 5 10 0 6 10 0 8 10 0 9 1 0 1 1 10 1 0 10 1 2 10 1 3 10 3 2 10 3 1 GU E S T C O R R I D O R EL E V A T O R LO B B Y PR E P K I T C H E N SE R V I C E EL E V A T O R LO B B Y RO O F TO P B A R PR O J E C T O R AR E A CO V E R E D B A R AR E A DN DN EX I S T I N G H O T E L DN ST O R A G E HS K P 10 0 7 ME C H ST O R A G E BALCONY BALCONY PO O L B E L O W CA B A N A S B E L O W 14'-3" 28 ' - 1 0 " RO O F B E L O W BALCONY BELOW 9 SC A L E : 1 " = 5 0 ' LE V E L 1 0 35 '-8" 13' - 1 1 " 301 302 303 304 305 306 307BALCONY UPDNUPDNUPDNUPDNEXISTING HOTEL BALCONY 139 36 38STOSERVICEELEVATOR 15'-0"15'-0"18'-0"24'-0"18'-0"18'-0"24'-0"18'-0"24'-0"18'-0"18'-0"24'-0"24'-0"18'-0"9'-0"24'-0"25'-4"9'-0"GUEST CORRIDOR 14'-3"30'-10"RAMP DOWN RAMP UPRAMP UP 5.5% MAX5.5% MAX 5.5% MAX 3SCALE: 1" = 50'LEVEL 3ELEVATORLOBBYUPDN551111HCHC181 PARKING SPACES (2 HC)MECH6 CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_12FLOOR PLANS S O U T H G U L F VIE W B O U L E V A R D NE W G R A D E PA R K I N G R E F . C I V I L DR A W I N G S EX I S T I N G 7 - ST O R Y H O T E L (N O W O R K ) EX I S T I N G PO O L (N O W O R K ) CL E A R W A T E R P A S S EX I S T I N G 1 - S T O R Y BU I L D I N G (N O W O R K ) P/L P/ L FLOOD ZONE 'AE"BASE FLOOD EL. 12'FLOOD ZO NE 'VE"BASE FLOOD EL. 13'FLO O D Z O N E 'VE"BASE FLO O D EL. 13'FLO O D ZO NE 'VE"BASE FLO OD EL. 14'FLO OD ZO NE 'VE"BASE FLOOD EL. 14'FLOOD ZONE 'VE"BASE FLOOD EL. 16'FLOOD ZONE 'VE"BASE FLOOD EL. 16'FLOOD ZONE 'VE"BASE FLOOD EL. 17'P/L P/ L AD J A C E N T PR O P E R T Y (N O W O R K ) EX I S T I N G WO O D D E C K PR O P O S E D 1 0 - S T O R Y H O T E L EN D O F C O A S T A L CO N S T R U C T I O N C O N T R O L LI N E C O A S T A L C O N S T U R C T I O N C O N T R O L LI N E EX I S T I N G 9 - ST O R Y H O T E L (N O W O R K ) EX I S T I N G P O R T E CO C H E R E (N O W O R K ) EX I S T I N G S E A W A L L TO R E M A I N LEGAL DESCRIPTION:A SURVEY OF PARCEL OF LAND IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, FURTHER DESCRIBED AS FOLLOWS:fROM THE NORTHWESTERLY CORNER OF LOT 1, BLOCK C OF BAYSIDE SUBDIVISINO NO. 5 AS RECOREDED IN PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE RUN NORTH 54 DEG. 25'CONTINUE NORTH 54 DEG. 25' 30" WEST ALONG SAID SOUTHERLY LINE OF GULFVIEW BOULEVARD, 467.74 FEET TO THE NORTHEASTERLY CORNER OF LOT 43 IN LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED PLAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE RUN SOUTH 35 DEG. 34' 30" WEST 400.00 FEET TO THE BULKHEAD LINE; THENCE SOUTH 54 DEG. 25' 30" EAST 316.13 FEET; THENCE ALONG A CURVE TO THE LEFT, RADIUS 534.30 FEETK ARC 213.63 FEET, CHORD BEARING SOUTH 65 DEG.52' 45" EAST, CHORD 212.21 FEET; THENCE SOUTH 77 DEG. 20' 00" EAST 87.38 FEET; THENCE NORTH 12 DEG. 40' 00" EAST 351.56 FEET TO THE POINT OF BEGINNING.SURVEYOR INFO:SURVEY PROVIDED BY:SUNCOAST LAND SURVEYING, INC.111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 STEPB A C K 15' - 0" P R O P O SE D 15' - 0" P R O P O SE D 15' - 0" PR O P O SED 15' - 0" 15' - 0" 21' - 0" STEPB A C K 15' - 0" 33' - 0" 18' - 4" 2 0' - 0" PR O P O SE D 10 5' - 9" PR O P O SE D 10 0' - 9" FL O O D Z O N E 'A E" B ASE FL O O D EL. 12' FL O O D Z O N E 'V E" B ASE FL O O D EL. 13' FL O O D Z O N E 'V E" B ASE FL O O D EL. 13' FL O O D Z O N E 'V E" B ASE FL O O D EL. 14' FL O O D Z O N E 'V E" B A SE FL O O D EL. 14' FL O O D Z O N E 'V E" B ASE FL O O D EL. 16' F L O O D Z O N E 'V E" B A SE FL O O D EL. 16' F L O O D Z O N E 'V E" B A S E FL O O D E L. 17' PLAN NORTH PR O P O S E D W A T E R SL I D E ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-0012013.12.18ARCHITECTURALSITE PLANENT13.01 25% CD'SENTRADA HOTEL 521 SOUTH GULFVIEW BLVD.CLEARWATER BEACH, FL 1 " = 3 0 ' - 0 " 1 Ar c h i t e c t u r a l S i t e P l a n o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo o o o o o o EX 43 s f EX 56 s f EX 27 7 s f EX 63 s f EX 15 2 s f EX 17 8 s f EX 68 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 17 s f EX 10 7 s f EX 11 0 s f EX 66 s f EX 14 8 s f EX 28 5 s f EX 37 2 s f DE 15 3 s f DE 27 s f EX 29 8 s f EX 17 4 s f 25' ADJACENT TREE LIMITS DE6,029 sf DE273 sfDE160 sf DE 45 1 s f DE 22 4 s f DE490 sf DE 29 0 s f DE 32 0 s f DE 99 s f DE 67 s f SE A W A L L G U L F O F M E X I C O SY N E R G Y C i v i l E n g i n e e r i n g , I n c . 30 0 0 G u l f t o B a y B o u l e v a r d , S u i t e 2 0 1 Cl e a r w a t e r , F L 3 3 7 5 9 Te l . ( 7 2 7 ) 7 9 6 - 1 9 2 6 Ce l l ( 7 2 7 ) 4 7 0 - 1 3 4 4 ww w . s y n e r g y c i v i l e n g . c o m TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R M O D I F I E D WI T H O U T W R I T T E N P E R M I S S I O N F R O M SY N E R G Y C I V I L E N G I N E E R I N G , I N C . © CO P Y R I G H T 2 0 1 3 . AS N O T E D 11 - 0 1 8 - 6 7 1)2)3)4)5)SY N E R G Y Ci v i l E n g i n e e r i n g , I n c . 123456)6789 11 . 0 1 . 2 0 1 3 TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R MO D I F I E D W I T H O U T W R I T T E N P E R M I S S I O N F R O M P a r a d i s e B y D e s i g n , I n c . Ja m e s M o n t g o m e r y , R L A F L L I C . N O . L A 0 0 0 1 7 3 7 NO T V A L I D U N L E S S S I G N E D & E M B O S S E D B Y A R E G I S T E R E D L A N D S C A P E A R C H I C T E C T P a r a d i s e B y D e s i g n , I n c . FL C E R T I F I C A T E O F A U T H O R I Z A T I O N N o . L C 2 6 0 0 0 3 3 4 11 1 F o r e s t L a k e s B o u l e v a r d Ol d s m a r , F l o r i d a 3 4 6 7 7 Ph : ( 8 1 3 ) 8 5 4 - 1 3 4 2 Fx : ( 8 1 3 ) 8 5 5 - 6 8 9 0 IC O T C e n t e r 13 8 2 5 I C O T B l v d . , S u i t e 6 0 5 Cl e a r w a t e r , F l o r i d a 3 3 7 6 0 Ph : ( 7 2 7 ) 5 2 4 - 1 8 1 8 32 0 T u c k e r S t r e e t Sa f e t y H a r b o r , F l o r i d a 3 4 6 9 5 Ph : ( 7 2 7 ) 7 9 7 - 3 5 8 0 em a i l : j a m e s @ p a r a d i s e b y d e s i g n i n c . c o m 10 3 R o g e r s S t r e e t Cl e a r w a t e r , F l o r i d a 3 3 7 5 6 Ph : ( 7 2 7 ) 4 8 8 - 9 4 9 0 Fx : ( 7 2 7 ) 4 7 8 - 3 0 7 4 M ATCHLINE TO SHEET LS.2 Sc a l e : 1 " = 2 0 ' - 0 " 60 ' 40 ' 20 ' 0fu l l s i z e d d r a w i n g s a t 2 4 " x 3 6 " Al l s c a l e s i n d i c a t e d p e r t a i n t o No r t h AB O V E G R O U N D O R U N D E R G R O U N D U T I L I T I E S M A Y B E IN T H E A R E A O F T H I S P R O J E C T - P R O C E E D W I T H CA U T I O N - C A L L " S U N S H I N E S T A T E O N E C A L L S Y S T E M " AN D T H E U T I L I T Y O W N E R ' S B E F O R E B E G I N N I N G W O R K 1- 8 0 0 - 4 3 2 - 4 7 7 0 . ( 4 8 H O U R S I N A D V A N C E ) U T I L I T Y W A R N I N G N O T E : 1 1 o o o o o o o oooooooooooooooooooEX19 sf EX51 sf EX350 sf EX173 sfEX154 sfEX43 sf EX277 sf EX63 sf EX15 sf EX115 sf EX372 sf DE409 sfEX331 sfEX526 sfEX358 sfEX384 sfEX198 sfEX224 sf EX131 sf 25' ADJ A C E N T T R E E L I M I T S EX1,385 sfEX3,629 sf KE Y QT Y LA N D S C A P E A R E A S DE S C R I P T I O N DE 8 , 4 0 3 s f E x i s t i n g L a n d s c a p e A r e a s t o b e R e m o v e d D e m o E x i s t i n g L a n d s c a p e EX 1 1 , 0 9 0 s f E x i s t i n g L a n d s c a p e A r e a s t o R e m a i n Pr e s e r v e d L a n d s c a p e EX I S T I N G L A N D S C A P E S C H E D U L E SY N E R G Y C i v i l E n g i n e e r i n g , I n c . 30 0 0 G u l f t o B a y B o u l e v a r d , S u i t e 2 0 1 Cl e a r w a t e r , F L 3 3 7 5 9 Te l . ( 7 2 7 ) 7 9 6 - 1 9 2 6 Ce l l ( 7 2 7 ) 4 7 0 - 1 3 4 4 ww w . s y n e r g y c i v i l e n g . c o m TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R M O D I F I E D WI T H O U T W R I T T E N P E R M I S S I O N F R O M SY N E R G Y C I V I L E N G I N E E R I N G , I N C . © CO P Y R I G H T 2 0 1 3 . AS N O T E D 11 - 0 1 8 - 6 7 1)2)3)4)5)SY N E R G Y Ci v i l E n g i n e e r i n g , I n c . 123456)6789 11 . 0 1 . 2 0 1 3 TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R MO D I F I E D W I T H O U T W R I T T E N P E R M I S S I O N F R O M P a r a d i s e B y D e s i g n , I n c . Ja m e s M o n t g o m e r y , R L A F L L I C . N O . L A 0 0 0 1 7 3 7 NO T V A L I D U N L E S S S I G N E D & E M B O S S E D B Y A R E G I S T E R E D L A N D S C A P E A R C H I C T E C T P a r a d i s e B y D e s i g n , I n c . FL C E R T I F I C A T E O F A U T H O R I Z A T I O N N o . L C 2 6 0 0 0 3 3 4 11 1 F o r e s t L a k e s B o u l e v a r d Ol d s m a r , F l o r i d a 3 4 6 7 7 Ph : ( 8 1 3 ) 8 5 4 - 1 3 4 2 Fx : ( 8 1 3 ) 8 5 5 - 6 8 9 0 IC O T C e n t e r 13 8 2 5 I C O T B l v d . , S u i t e 6 0 5 Cl e a r w a t e r , F l o r i d a 3 3 7 6 0 Ph : ( 7 2 7 ) 5 2 4 - 1 8 1 8 32 0 T u c k e r S t r e e t Sa f e t y H a r b o r , F l o r i d a 3 4 6 9 5 Ph : ( 7 2 7 ) 7 9 7 - 3 5 8 0 em a i l : j a m e s @ p a r a d i s e b y d e s i g n i n c . c o m 10 3 R o g e r s S t r e e t Cl e a r w a t e r , F l o r i d a 3 3 7 5 6 Ph : ( 7 2 7 ) 4 8 8 - 9 4 9 0 Fx : ( 7 2 7 ) 4 7 8 - 3 0 7 4 Sc a l e : 1 " = 2 0 ' - 0 " 60 ' 40 ' 20 ' 0fu l l s i z e d d r a w i n g s a t 2 4 " x 3 6 " Al l s c a l e s i n d i c a t e d p e r t a i n t o No r t h MATCHLINE TO SHEET LS.1 AB O V E G R O U N D O R U N D E R G R O U N D U T I L I T I E S M A Y B E IN T H E A R E A O F T H I S P R O J E C T - P R O C E E D W I T H CA U T I O N - C A L L " S U N S H I N E S T A T E O N E C A L L S Y S T E M " AN D T H E U T I L I T Y O W N E R ' S B E F O R E B E G I N N I N G W O R K 1- 8 0 0 - 4 3 2 - 4 7 7 0 . ( 4 8 H O U R S I N A D V A N C E ) U T I L I T Y W A R N I N G N O T E : T R E E P R E S E R V A T I O N S P E C I F I C A T I O N S : 1. T H E G E N E R A L O R S I T E C O N T R A C T O R S H A L L B E D I R E C T L Y R E S P O N S I B L E TH R O U G H O U T T H E D U R A T I O N O F T H E P R O J E C T U N T I L F I N A L A C C E P T A N C E OF T H E C I T Y O F C L E A R W A T E R ' S L A N D R E S O U R C E S P E C I A L I S T A N D CE R T I F I C A T E O F O C C U P A N C Y F O R T H E F O L L O W I N G : a. M A I N T E N A N C E O F T H E T R E E B A R R I C A D E S . b. W A T E R I N G O F E X I S T I N G T R E E S T O R E M A I N . c. R E M O V A L A N D R E P L A C E M E N T O F A N Y D A M A G E D E X I S T I N G T R E E T O RE M A I N W H I C H M A Y R E S U L T I N A H A Z A R D O U S C O N D I T I O N I N T H E P O S T CO N S T R U C T I O N S T A T E A S D E T E R M I N E D B Y E I T H E R T H E L A N D S C A P E AR C H I T E C T , I S A C E R T I F I E D A R B O R I S T O R T H E C I T Y O F C L E A R W A T E R ' S LA N D R E S O U R C E S P E C I A L I S T . 2. D U R I N G C O N S T R U C T I O N A C T I V I T I E S D O N O T R E M O V E V E G E T A T I O N B Y ME C H A N I C A L G R U B B I N G ; P L A C E S O I L D E P O S I T S , D E B R I S , C H E M I C A L SO L V E N T S O R P E T R O L E U M P R O D U C T S ; C O N S T R U C T I O N M A T E R I A L ; MA C H I N E R Y O R V E H I C L E S ; O R A N Y O T H E R E Q U I P M E N T O F A N Y K I N D W I T H I N TH E T R E E B A R R I C A D E S A S D E S I G N A T E D O N T H E P L A N S . 3. I N O R D E R T O M I N I M I Z E S O I L E R O S I O N D U R I N G P R O P O S E D L A N D DE V E L O P M E N T A C T I V I T I E S D O N O T U N N E C E S S A R I L Y R E M O V E E X I S T I N G VE G E T A T I O N A N D A L T E R T H E E X I S T I N G T O P O G R A P H Y . 4. T H E C O N T R A C T O R S H A L L P R O V I D E S U C H A D E Q U A T E P R O T E C T I O N ME A S U R E S A S N E C E S S A R Y ( I . E . H A Y B A L E S , S O D D I N G A N D S A N D B A G G I N G ) TO M I N I M I Z E E R O S I O N A N D D O W N S T R E A M S E D I M E N T A T I O N C A U S E D B Y SU R F A C E R U N - O F F W A T E R I N T O T H E C R I T I C A L R O O T Z O N E S ( D E F I N E D A S TH E A R E A W I T H I N T H E T R E E B A R R I C A D E S ) O F E X I S T I N G S I T E T R E E S T O RE M A I N A N D E X I S T I N G T R E E S A D J A C E N T T O T H E S U B J E C T P R O P E R T Y . 5. A L L P R U N I N G S H A L L B E P E R F O R M E D B Y A N I N T E R N A T I O N A L S O C I E T Y O F AR B O R I C U L T U R E ( I S A ) C E R T I F I E D A R B O R I S T A N D I N A C C O R D A N C E W I T H T H E PR U N I N G S T A N D A R D S A N D P R A C T I C E S D E F I N E D I N T H E A M E R I C A N N A T I O N A L ST A N D A R D S I N S T I T U T E ( A N S I ) P U B L I C A T I O N , A N S I - A 3 0 0 P A R T 1 : T R E E , SH R U B A N D O T H E R W O O D Y P L A N T M A N A G E M E N T - S T A N D A R D S P R A C T I C E S , PR U N I N G A N D T H E I N T E R N A T I O N A L S O C I E T Y O F A R B O R I C U L T U R E ' S CO M P A N I O N P U B L I C A T I O N : B E S T M A N A G E M E N T P R A C T I C E S , T R E E P R U N I N G (R E V I S E D 2 0 0 8 ) . 6. S I T E C O N T R A C T O R S H A L L P R O V I D E T O T H E O W N E R A N D L A N D S C A P E AR C H I T E C T A N O T A R I Z E D L E T T E R O F C E R T I F I C A T I O N F R O M T H E I S A CO N S U L T I N G A R B O R I S T T H A T A L L P R U N I N G H A S B E E N P E R F O R M E D U N D E R TH E I R S U P E R V I S I O N A N D A C C O R D I N G T O T H E A B O V E R E F E R E N C E D AN S I - A 3 0 0 P A R T 1 P R U N I N G S T A N D A R D S A N D B E S T M A N A G E M E N T PR A C T I C E S , T R E E P R U N I N G ( R E V I S E D 2 0 0 8 ) . 7. R O O T P R U N I N G I S R E Q U I R E D F O R A L L G R A D I N G , T R E N C H I N G O R O T H E R DI S T U R B A N C E W I T H I N T H E C A N O P Y D R I P - L I N E S O F A L L E X I S T I N G T R E E S T O RE M A I N O N S I T E I N C L U D I N G E X I S T I N G T R E E S A D J A C E N T T O T H E S U B J E C T PR O P E R T Y . 8. A L L P R U N I N G S H A L L B E P E R F O R M E D P R I O R T O C O N S T R U C T I O N E Q U I P M E N T AN D M A T E R I A L S E N T E R I N G T H E S I T E U N D E R T H E D I R E C T S U P E R V I S I O N O F AN I S A C E R T I F I E D A R B O R I S T . 9. R O O T P R U N I N G S H A L L B E P E R F O R M E D B Y O R U N D E R T H E D I R E C T SU P E R V I S I O N O F A N I S A C E R T I F I E D A R B O R I S T T O A D E P T H O F 12 ” A T T H E LO C A T I O N S D E L I N E A T E D O N T H E P L A N . R O O T P R U N I N G S H A L L B E PE R F O R M E D P R I O R T O S I T E W O R K A C T I V I T I E S . I M M E D I A T E L Y A F T E R T H E RO O T P R U N I N G I S P E R F O R M E D T H E R O O T P R U N E T R E N C H S H A L L B E BA C K - F I L L E D W I T H T H E E X I S T I N G S O I L T H A T W A S R E M O V E D A N D S I L T FE N C I N G S H A L L B E E R E C T E D I N T H E R O O T P R U N E T R E N C H . S E E D E T A I L B / C. 3 10 . P R U N E A N D R E M O V E A L L D E A D W O O D F R O M E X I S T I N G T R E E S A S D I R E C T E D BY T H E I S A C E R T I F I E D A R B O R I S T . D O N O T P R U N E “ G R E E N ” F R O N D S F R O M PA L M S . O N L Y R E M O V E T H E D E A D F R O N D S . 11 . I N A D D I T I O N , S T R U C T U R A L P R U N I N G M A Y B E N E C E S S A R Y T O C O R R E C T PR O B L E M S A S D E T E R M I N E D B Y T H E I S A C E R T I F I E D A R B O R I S T ( S E E S H E E T C. 4 E X I S T I N G T R E E I N V E N T O R Y ) A N D P R U N I N G O F E X I S T I N G T R E E L I M B S WH I C H M A Y I N T E R F E R E W I T H P R O P O S E D I M P R O V E M E N T S S U C H A S L O W E R BR A N C H E S O V E R H A N G I N G T H E P A R K I N G L O T . 12 . T R E E B A R R I C A D E S M E E T I N G T H E C I T Y O F C L E A R W A T E R S P E C I F I C A T I O N S ( S E E DE T A I L A / C . 3 ) S H A L L B E I N S T A L L E D A R O U N D P R O T E C T E D T R E E S A S DE L I N E A T E D O N T H E P L A N . T R E E B A R R I C A D E S S H A L L R E M A I N E R E C T E D A T AL L T I M E S U N T I L A P P R O V E D F O R R E M O V A L B Y T H E C I T Y O F C L E A R W A T E R ' S LA N D R E S O U R C E S P E C I A L I S T . 13 . T H E C R I T I C A L R O O T Z O N E ( D E F I N E D A S T H E A R E A W I T H I N T H E T R E E BA R R I C A D E S ) S H A L L B E W A T E R E D O N C E A W E E K D U R I N G T H E CO N S T R U C T I O N P R O C E S S W I T H A M I N I M U M O F T W O I N C H E S O F W A T E R PE R W E E K . 14 . A N O N G R A D E ( D R I P H O S E ) I R R I G A T I O N S Y S T E M T H A T C O V E R S T H E E N T I R E CR I T I C A L R O O T Z O N E S H A L L B E I N S T A L L E D A N D B E O P E R A T I O N A L P R I O R T O TH E I S S U A N C E O F A C E R T I F I C A T E O F O C C U P A N C Y . N O T R E N C H I N G S H A L L OC C U R W I T H I N T H E C R I T I C A L R O O T Z O N E . 15 . T H E A R E A S W I T H I N T H E C R I T I C A L R O O T Z O N E S O F E X I S T I N G T R E E S T O B E PR E S E R V E D S H A L L B E L E F T I N I T S P R E S E N T N A T U R A L S T A T E W H I C H I S PR E D O M I N A T E L Y B A H I A G R A S S . R E M O V E W E E D S B Y H A N D . A N Y A R E A S WH I C H A R E N O T C O V E R E D W I T H E X I S T I N G G R A S S S H A L L B E M U L C H E D W I T H PI N E B A R K N U G G E T S T O A D E P T H O F 3 ” B E F O R E T H E T R E E B A R R I C A D E S AR E E R E C T E D . T H E M U L C H M A T E R I A L S H A L L B E A P P R O V E D B Y T H E C I T Y O F CL E A R W A T E R P R I O R T O I N S T A L L A T I O N . 16 . N O L A N D S C A P E P L A N T S S H A L L B E I N S T A L L E D W I T H I N T H E C R I T I C A L R O O T ZO N E A R E A S . T H E C I T Y S H O U L D W A I V E L A N D S C A P E R E Q U I R E M E N T S W I T H I N TH E S E A R E A S A S N E W L A N D S C A P E P L A N T S W I L L D A M A G E R O O T S D U R I N G IN S T A L L A T I O N A N D C O M P E T E W I T H T H E E X I S T I N G T R E E S F O R W A T E R A N D NU T R I E N T S . 17 . N O O V E R H E A D O R U N D E R G R O U N D U T I L I T I E S S H A L L B E I N S T A L L E D W I T H I N TH E C R I T I C A L R O O T Z O N E S . 18 . D U E T O T H E P R O X I M I T Y A N D D E N S I T Y O F A D J A C E N T O F F - S I T E E X I S T I N G TR E E S , E X I S T I N G S I T E T R E E S T O B E R E M O V E D A L O N G T H E P E R I M E T E R O F TH E S U B J E C T P R O P E R T Y S H A L L B E C U T D O W N S O A S N O T T O C A U S E DA M A G E T O T H E S E T R E E S . R E M A I N I N G S T U M P S ( S T R U C T U R A L R O O T - P L A T E ) SH A L L B E G R O U N D D O W N T O A M I N I M U M O F 1 8 ' B E L O W G R A D E . 1. A L L C O N S T R U C T I O N S H A L L C O N F O R M T O A L L AP P L I C A B L E C O D E S , O R D I N A N C E S A N D R E G U L A T I O N S OF T H E C I T Y O F C L E A R W A T E R , F L O R I D A . 2. C O N T R A C T O R S H A L L O B T A I N A L L N E C E S S A R Y P E R M I T S PR I O R T O C O N S T R U C T I O N . 3. C O N S T R U C T I O N F E N C E / T R E E B A R R I C A D E S S H A L L B E IN S T A L L E D A N D I N S P E C T E D / A P P R O V E D B Y T H E C I T Y O F CL E A R W A T E R P R I O R T O C O M M E N C E M E N T O F DE M O L I T I O N A C T I V I T I E S . G E N E R A L N O T E S : 1 1 1 o o o o o o o o o o o o o o o o o o o o o o o o o o o o oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo o o o o o 6 7 44 o o o oooooooooooooooooooooooooo ooooooo o o o o o o o o o ooo G U L F O F M E X I C O CE9CE8 CE8 CE7 CE7MY 11 CB4 MY 11 CE 95 PM6PM1CE25CE107CE231TM768 NE 33 NE 31 NE30CE318NE35NE42NE7 CE 72 CE 14 4 CE 12 CE 12 LE23 CE 22 CS3 CB11 CQ3 CS3CQ11 WB3 4'5'3'WR3 12'16' WB1 5' WB3 5' 3' 4' CQ3 CQ2 RH82 CE 12 6 SN3 WR3 WR3 16 ' 10 ' 16 ' 12 ' 12 ' 10 ' CS5 CQ7 VM1 TS25 TS 13 8 TM193JC233 JC47 WB3 WR5 4' 5' 3' 16 ' 12 ' 16 ' SN12 SN7 WR3 16 ' 10 ' 12 ' PM1 TS21 CE10 WR1 20 ' WR3WR3WR316'16'16'10'12'12'10'10'12'WR310'16'12'SN3CS2 WR312'16'10'WR516'12'12'10'WR3 10'16'12'CQ5LJ5LJ3 10'10' 10 ' 10 ' LE21 TM56 TM46 TM310SSSSSS    CE7 SR2 SR13 SR5 SR8 TM99SR3 EX 29 5 s f EX 17 4 s f EX 37 2 s f EX 66 s f EX 11 0 s f EX 10 7 s f EX 17 s f EX 28 5 s f EX 14 8 s f EX 27 7 s f EX 63 s f EX 15 2 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 6 s f EX 68 s f EX 17 8 s f EX 43 s f SY N E R G Y C i v i l E n g i n e e r i n g , I n c . 30 0 0 G u l f t o B a y B o u l e v a r d , S u i t e 2 0 1 Cl e a r w a t e r , F L 3 3 7 5 9 Te l . ( 7 2 7 ) 7 9 6 - 1 9 2 6 Ce l l ( 7 2 7 ) 4 7 0 - 1 3 4 4 ww w . s y n e r g y c i v i l e n g . c o m TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R M O D I F I E D WI T H O U T W R I T T E N P E R M I S S I O N F R O M SY N E R G Y C I V I L E N G I N E E R I N G , I N C . © CO P Y R I G H T 2 0 1 3 . AS N O T E D 11 - 0 1 8 - 6 7 1)2)3)4)5)SY N E R G Y Ci v i l E n g i n e e r i n g , I n c . 123456)6789 11 . 0 1 . 2 0 1 3 TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R MO D I F I E D W I T H O U T W R I T T E N P E R M I S S I O N F R O M P a r a d i s e B y D e s i g n , I n c . J a m e s M o n t g o m e r y , R L A F L L I C . N O . L A 0 0 0 1 7 3 7 NO T V A L I D U N L E S S S I G N E D & E M B O S S E D B Y A R E G I S T E R E D L A N D S C A P E A R C H I C T E C T P a r a d i s e B y D e s i g n , I n c . FL C E R T I F I C A T E O F A U T H O R I Z A T I O N N o . L C 2 6 0 0 0 3 3 4 11 1 F o r e s t L a k e s B o u l e v a r d Ol d s m a r , F l o r i d a 3 4 6 7 7 Ph : ( 8 1 3 ) 8 5 4 - 1 3 4 2 Fx : ( 8 1 3 ) 8 5 5 - 6 8 9 0 IC O T C e n t e r 13 8 2 5 I C O T B l v d . , S u i t e 6 0 5 Cl e a r w a t e r , F l o r i d a 3 3 7 6 0 Ph : ( 7 2 7 ) 5 2 4 - 1 8 1 8 32 0 T u c k e r S t r e e t Sa f e t y H a r b o r , F l o r i d a 3 4 6 9 5 Ph : ( 7 2 7 ) 7 9 7 - 3 5 8 0 em a i l : j a m e s @ p a r a d i s e b y d e s i g n i n c . c o m 10 3 R o g e r s S t r e e t Cl e a r w a t e r , F l o r i d a 3 3 7 5 6 Ph : ( 7 2 7 ) 4 8 8 - 9 4 9 0 Fx : ( 7 2 7 ) 4 7 8 - 3 0 7 4 Sc a l e : 1 " = 2 0 ' - 0 " 60 ' 40 ' 20 ' 0fu l l s i z e d d r a w i n g s a t 2 4 " x 3 6 " Al l s c a l e s i n d i c a t e d p e r t a i n t o No r t h AB O V E G R O U N D O R U N D E R G R O U N D U T I L I T I E S M A Y B E IN T H E A R E A O F T H I S P R O J E C T - P R O C E E D W I T H CA U T I O N - C A L L " S U N S H I N E S T A T E O N E C A L L S Y S T E M " AN D T H E U T I L I T Y O W N E R ' S B E F O R E B E G I N N I N G W O R K 1- 8 0 0 - 4 3 2 - 4 7 7 0 . ( 4 8 H O U R S I N A D V A N C E ) U T I L I T Y W A R N I N G N O T E : 1. A O N E H U N D R E D P E R C E N T ( 1 0 0 % ) C O V E R A G E A U T O M A T I C I R R I G A T I O N S Y S T E M S H A L L B E I N S T A L L E D FO R A L L L A N D S C A P E D A R E A S . T H E L O W E S T Q U A L I T Y O F W A T E R A V A I L A B L E M U S T B E U S E D A S A SO U R C E O F I R R I G A T I O N W A T E R . T H E I R R I G A T I O N S Y S T E M S H A L L N O T B E C O N N E C T E D T O C I T Y , CO U N T Y O R M U N I C I P A L W A T E R S O U R C E S U N L E S S I T C A N B E D E M O N S T R A T E D T H A T T H E S E S O U R C E S AR E N O T A V A I L A B L E . I N T H E E V E N T , T H E I R R I G A T I O N S Y S T E M I S C O N N E C T E D T O T H E P U B L I C PO T A B L E W A T E R S U P P L Y , T H E I R R I G A T I O N S Y S T E M S H A L L I N C L U D E A N A P P R O V E D B A C K F L O W PR E V E N T O R A T T H E S E R V I C E C O N N E C T I O N ( P O I N T O F C O N N E C T I O N ) . 2. T H E I R R I G A T I O N S Y S T E M M U S T U T I L I Z E L O W V O L U M E D E S I G N S U C H A S L O W T R A J E C T O R Y H E A D S O R SO A K E R H O S E S T O P R O V I D E D I R E C T A P P L I C A T I O N A N D L O W E V A P O R A T I O N . 3. I R R I G A T I O N L A Y O U T ( S ) W H I C H O V E R - S P R A Y A R E A S T H A T D O N O T R E Q U I R E I R R I G A T I O N , S U C H A S PA V E D A R E A S S H A L L N O T B E A C C E P T A B L E . H I G H I R R I G A T I O N D E M A N D A R E A S M U S T N O T O V E R SP R A Y L O W D E M A N D A R E A S . 4. H I G H W A T E R D E M A N D L A N D S C A P E A R E A S S U C H A S T U R F M U S T B E S E R V E D B Y A S E P A R A T E IR R I G A T I O N Z O N E T H A N L O W W A T E R N E E D A R E A S , S U C H A S P L A N T E R B E D S , O R M U L C H E D A R E A S WI T H T R E E S . 5. T H E I R R I G A T I O N S Y S T E M M U S T B E O P E R A T E D B Y A N I R R I G A T I O N C O N T R O L L E R C A P A B L E O F DI F F E R E N T I A T I N G B E T W E E N T H E S C H E D U L E S O F H I G H A N D L O W W A T E R D E M A N D A R E A S . CO N T R O L L E R S M U S T H A V E M U L T I P L E C Y C L E S T A R T C A P A C I T Y A N D A F L E X I B L E C A L E N D A R P R O G R A M AB L E T O B E S E T T O C O M P L Y W I T H L O C A L O R W A T E R M A N A G E M E N T D I S T R I C T I M P O S E D RE S T R I C T I O N S . 6. T H E S Y S T E M M U S T B E E Q U I P P E D W I T H A R A I N S E N S O R D E V I C E O R S W I T C H W H I C H W I L L O V E R R I D E TH E I R R I G A T I O N C Y C L E O F T H E S P R I N K L E R S Y S T E M W H E N A D E Q U A T E R A I N F A L L H A S O C C U R R E D . GR O U N D M O I S T U R E S E N S I N G D E V I C E S A R E E N C O U R A G E D W H E R E A P P R O P R I A T E . 7. U N D E R G R O U N D I R R I G A T I O N S H A L L N O T B E I N S T A L L E D W I T H I N T H E D R I P L I N E S O F E X I S T I N G T R E E S UN L E S S R O O T P R O T E C T I O N M E A S U R E S A R E A P P R O V E D B Y T H E C I T Y O F C L E A R W A T E R . I R R I G A T I O N N O T E S : S O D A N D M U L C H N O T E S : 1. A L L P R O P O S E D P L A N T I N G A R E A S F O R T R E E S , P A L M S , S H R U B S , A N D G R O U N D C O V E R S S H A L L B E T O P DR E S S E D W I T H A M I N I M U M O F T H R E E ( 3 ) I N C H E S O F P I N E B A R K N U G G E T S S P R E A D U N I F O R M L Y I N DE P T H O V E R T H E P L A N T I N G B E D S A S D E L I N E A T E D O N T H E P L A N S , U N L E S S O T H E R W I S E S P E C I F I E D . 2. A L L O T H E R A R E A S D E S I G N A T E D F O R S O D S H A L L B E P A S P A L U M N O T A T U M ` A R G E N T I N E ` A R G E N T I N E BA H I A G R A S S U N L E S S O T H E R W I S E N O T E D O N P L A N S . 3. A L L A R E A S D E S I G N A T E D T O R E C E I V E S O D A N D / O R M U L C H S H A L L B E F I E L D M E A S U R E D B Y T H E LA N D S C A P E C O N T R A C T O R . 4. A L L P O R T I O N S O F A L O T U P O N W H I C H D E V E L O P M E N T H A S C O M M E N C E D , B U T N O T C O N T I N U E D F O R A PE R I O D O F T H I R T Y ( 3 0 ) D A Y S , S H A L L B E P L A N T E D W I T H A G R A S S S P E C I E S O R G R O U N D C O V E R T O PR E V E N T E R O S I O N A N D E N C O U R A G E S O I L S T A B I L I Z A T I O N . A D E Q U A T E C O V E R A G E , S O A S T O SU P P R E S S F U G I T I V E D U S T , S H A L L B E A C H I E V E D W I T H I N T H I R T Y ( 3 0 ) C A L E N D A R D A Y S . 1 MATCHLINE TO SHEET LS.4 1 1 1 1 1 o o o o o o o oooooooooooooooooooCE10 CE107SR5SR8SR9EX174 sfEX115 sf EX372 sfEX331 sf EX1,385 sfEX526 sfEX358 sfEX131 sfEX384 sfEX198 sfEX3,629 sf EX224 sfEX173 sfEX154 sfEX350 sfEX19 sf EX277 sf EX63 sfEX43 sf EX15 sfEX51 sf SY N E R G Y C i v i l E n g i n e e r i n g , I n c . 30 0 0 G u l f t o B a y B o u l e v a r d , S u i t e 2 0 1 Cl e a r w a t e r , F L 3 3 7 5 9 Te l . ( 7 2 7 ) 7 9 6 - 1 9 2 6 Ce l l ( 7 2 7 ) 4 7 0 - 1 3 4 4 ww w . s y n e r g y c i v i l e n g . c o m TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R M O D I F I E D WI T H O U T W R I T T E N P E R M I S S I O N F R O M SY N E R G Y C I V I L E N G I N E E R I N G , I N C . © CO P Y R I G H T 2 0 1 3 . AS N O T E D 11 - 0 1 8 - 6 7 1)2)3)4)5)SY N E R G Y Ci v i l E n g i n e e r i n g , I n c . 123456)6789 11 . 0 1 . 2 0 1 3 TH E S E P L A N S M A Y N O T B E C O P I E D A N D / O R MO D I F I E D W I T H O U T W R I T T E N P E R M I S S I O N F R O M P a r a d i s e B y D e s i g n , I n c . J a m e s M o n t g o m e r y , R L A F L L I C . N O . L A 0 0 0 1 7 3 7 NO T V A L I D U N L E S S S I G N E D & E M B O S S E D B Y A R E G I S T E R E D L A N D S C A P E A R C H I C T E C T P a r a d i s e B y D e s i g n , I n c . FL C E R T I F I C A T E O F A U T H O R I Z A T I O N N o . L C 2 6 0 0 0 3 3 4 11 1 F o r e s t L a k e s B o u l e v a r d Ol d s m a r , F l o r i d a 3 4 6 7 7 Ph : ( 8 1 3 ) 8 5 4 - 1 3 4 2 Fx : ( 8 1 3 ) 8 5 5 - 6 8 9 0 IC O T C e n t e r 13 8 2 5 I C O T B l v d . , S u i t e 6 0 5 Cl e a r w a t e r , F l o r i d a 3 3 7 6 0 Ph : ( 7 2 7 ) 5 2 4 - 1 8 1 8 32 0 T u c k e r S t r e e t Sa f e t y H a r b o r , F l o r i d a 3 4 6 9 5 Ph : ( 7 2 7 ) 7 9 7 - 3 5 8 0 em a i l : j a m e s @ p a r a d i s e b y d e s i g n i n c . c o m 10 3 R o g e r s S t r e e t Cl e a r w a t e r , F l o r i d a 3 3 7 5 6 Ph : ( 7 2 7 ) 4 8 8 - 9 4 9 0 Fx : ( 7 2 7 ) 4 7 8 - 3 0 7 4 1 1 1 Sc a l e : 1 " = 2 0 ' - 0 " 60 ' 40 ' 20 ' 0fu l l s i z e d d r a w i n g s a t 2 4 " x 3 6 " Al l s c a l e s i n d i c a t e d p e r t a i n t o No r t h MATCHLINE TO SHEET LS.3 AB O V E G R O U N D O R U N D E R G R O U N D U T I L I T I E S M A Y B E IN T H E A R E A O F T H I S P R O J E C T - P R O C E E D W I T H CA U T I O N - C A L L " S U N S H I N E S T A T E O N E C A L L S Y S T E M " AN D T H E U T I L I T Y O W N E R ' S B E F O R E B E G I N N I N G W O R K 1- 8 0 0 - 4 3 2 - 4 7 7 0 . ( 4 8 H O U R S I N A D V A N C E ) U T I L I T Y W A R N I N G N O T E : 1 1 1SCALE: 1" = 25'NORTH ELEVATION 4 SC A L E : 1 " = 2 5 ' WE S T E L E V A T I O N 3 SC A L E : 1 " = 2 5 ' EA S T E L E V A T I O N 2SCALE: 1" = 25'SOUTH ELEVATION CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_13ELEVATIONS 1SCALE: 1" = 25'NORTH ELEVATION 4 SC A L E : 1 " = 2 5 ' WE S T E L E V A T I O N 3 SC A L E : 1 " = 2 5 ' EA S T E L E V A T I O N 2SCALE: 1" = 25'SOUTH ELEVATION CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:FLEXIBLE DEVELOPMENTISTVAN L. PETERANECZ AR94533 FLORIDA 2013.11.011 SUBMISSIONA2_13ELEVATIONS 1SCALE: 1" = 25'NORTH ELEVATION ST R E E T L E V E L FA C A D E 12'-0" 4 SC A L E : 1 " = 2 5 ' WE S T E L E V A T I O N 3 SC A L E : 1 " = 2 5 ' EA S T E L E V A T I O N EX T E N T O F AD J A C E N T BU I L D I N G 2SCALE: 1" = 25'SOUTH ELEVATION SO U T H E L E V A T I O N : OP E N I N G S 6, 3 5 8 S Q F T 19 , 5 6 4 S Q F T 1, 8 1 5 S Q F T 7, 6 5 6 S Q F T TO T A L : 81 % EA S T E L E V A T I O N : OP E N I N G S 1, 9 7 7 S Q F T 25 , 3 8 4 S Q F T 4, 4 5 3 S Q F T 12 , 8 1 0 S Q F T TO T A L : 76 % WE S T E L E V A T I O N : OP E N I N G S 2, 0 0 5 S Q F T 32 , 8 6 5 S Q F T 4, 9 3 9 S Q F T 12 , 9 2 2 S Q F T TO T A L : 61 % NO R T H E L E V A T I O N : WI N D O W S OP E N I N G S AR C H I T E C T U R A L D E C O R A T I O N 5, 5 4 9 S Q F T 19 , 4 8 3 S Q F T 1, 8 5 4 S Q F T 8, 1 7 8 S Q F T TO T A L : 80 % EX T E R I O R F I N I S H E S A N D O P E N I N G P E R C E N T A G E C A L C U L A T I O NS 15 , 5 8 1 / 1 9 , 4 8 3 = 15 , 8 2 9 / 1 9 , 5 6 4 = 18 , 0 3 0 / 2 5 , 3 8 4 = 20 , 2 5 4 / 3 2 , 8 6 5 = NO R T H E L E V A T I O N : OP E N I N G S 760 SQ FT2,006 SQ FT 480 SQ FT 350 SQ FT TO T A L : 80%1,590 / 2,006 =SYMBOL LEGEND AREA OF EXTERIOR FINISHES AND OPENINGS ST R E E T L E V E L F A C A D E T R A N S P A R E N C Y WI N D O W S WI N D O W S WI N D O W S WI N D O W S AR C H I T E C T U R A L D E C O R A T I O N AR C H I T E C T U R A L D E C O R A T I O N AR C H I T E C T U R A L D E C O R A T I O N AR C H I T E C T U R A L D E C O R A T I O N CLEARWATER BEACH, FL ITEM:#DATE:DATE:ENT13.01 ISSUE DATE:ENTRADAHOTELPROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:HDAISTVAN L. PETERANECZ AR94533 FLORIDA 2013.12.181 SUBMISSION12.13.2013DRC COMMENTS 202.25.2014SCHEMATIC ANGLE LAYOUT 304.01.2014HDA REVIEW A2_13.AELEVATIONAREAS ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-5012013.12.183D VIEWSENT13.01 HDA SUBMISSIONENTRADA HOTEL CLEARWATER BEACH, FL 1 No r t h E a s t 2 No r t h W e s t C o r n e r 3 So u t h E a s t 4 So u t h W e s t ISTVAN L. PETERANECZ AR94533 FLORIDA ISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:AA26001704 CLEARWATER 103 Rogers Street, 33756 t. 727 478 3073 | f. 727 478 3074 This drawings is the property of behar + peteranecz, inc. and may not be used or reproduced without written permission from behar + peteranecz,inc.A-5022013.12.183D VIEWSENT13.01 HDA SUBMISSIONENTRADA HOTEL CLEARWATER BEACH, FL 1 NE I s o 2 NW I s o 3 SE I s o 4 SW I s o Existing Hotel - S Gulfview Blvd. Elevation Existing Hotel - Clearwater Pass Elevation 9 May 2014 alt UPDATED 06-10-14 Address of Receiving Property Hotel Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms Allowed by Base Density CDB Recommendation CC Approval Status Expiration Date Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Approved/Constructed Constructed FLD2009-03013 / DVA2009-00001 W. Wells 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Approved/Constructed Constructed FLD2008-12033 / DVA2008-00002 W. Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011 300 Hamden Drive (Hotel A)95 142 1.10 148.90 47 11/17/2009 12/17/2009 Approved 11/17/2014 FLD2009-08026 / DVA2009-00002 W. Wells 316 Hamden Drive (Hotel B)79 118 0.82 149.44 39 11/17/2009 12/17/2009 Approved 11/17/2014 FLD2009-08027 / DVA2009-00003 W. Wells 40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 Approved 5/21/2014 FLD2013-02007 / DVA2010-08001A W. Wells 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 Approved 6/19/2014 FLD2012-00000/DVA2012-03001 M. Jackson 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Approved 6/23/2015 FLS2013-02006 / DVA2013-02001 K. Nurnburger 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 Approved 5/21/2014 FLD2013-03011 / DVA2013-03001 K. Nurnburger 691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 Approved 12/17/2015 - date to obtain building permit HDA2013-08001/FLD2013-08028 K. Nurnburger 325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 Complete 6/4/2015 HDA2013-08004 (no HDA2013-08002 or 08003)M. Parry 353 Coronado Drive 96 158 0.962 164.24 48 N/A pending Complete pending first reading HDA2013-08005 M. Parry 405 Coronado Drive 100 164 1.32 124.24 66 N/A pending Complete pending DRC review HDA2013-08006 M. Parry 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 Approved 11/20/2015 - date to obtain building permit HDA2013-08007 M. Parry The maximum amount of units allotted is 69 although as few as 39 may be used. It is possible that 30 units may be returned to the Reserve. Term. Of Status for density approved October 15, 2013, see FLD2013-08025 715 South Gulfview Boulevard 93 208 2.313 89.92650238 115.65 N/A 2/20/2014 Approved 2/20/2015 HDA2013-12008 M. Parry The acreage is the portion of the site remaining after subtracting the amount of land needed to support 74 attached dwelling units. The total site is 4.38 acres (zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres for the hotel. 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.9568546 71 N/A 4/16/2014 Approved 4/16/2015 HDA2014-02001 K. Nurnburger 521 South Gulfview Boulevard 30 344 3.908 88.02456499 314 N/A pending Complete pending first reading HDA2014-04002 M. Parry Total Allocated in 2009 by City Council 288 Total Allocated in 2010 by City Council 53 Total Allocated in 2011 by City Council 0 Total Allocated in 2012 by City Council 71 Total Allocated in 2013 by City Council 306 Total Allocated in 2014 by City Council 110 Total Pending 326 Total Number of Rooms in Reserve 1,385 Amount Less Pending Total Number of Rooms Allocated from Reserve 828 231 Allocated rooms returned to the Reserve due to the project not being built Total Remaining For Allocation 557 HOTEL DENSITY RESERVE does not include 2014 pending; approved only HOTELDENSITYRESERVEDEVELOPMENTAGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement")isdatedthe dayof ,2014,andenteredinto between DECADE GULF COAST HOTEL PARTNERS, L.P. and J.K. Gulfview, LLC (“Developer"),itssuccessorsand assigns,andthe CITYOF CLEARWATER, FLORIDA,amunicipalcorporationofthe StateofFloridaactingthrough its City Council, thegoverningbodythereof("City"). RECITALS: WHEREAS,oneofthemajorelementsoftheCity'srevitalizationeffortisa specialareaplanfortherevitalizationofClearwaterBeachadoptedundertheprovisions ofthe Florida GrowthManagementAct,FloridaStatutesChapter163,PartII,andentitled Beach byDesign; and WHEREAS,Florida StatutesSections163.3220-163.3243,theFloridaLocal Government Development Agreement Act ("Act"), authorize the City to enter into binding developmentagreementswithpersonshaving alegalorequitableinterestinreal propertylocated within thecorporatelimits oftheCity; and WHEREAS,underSection163.3223oftheAct,theCityhasadoptedSection4- 606oftheCity ofClearwaterCommunity DevelopmentCode("Code"),establishing procedures and requirements to considerand enterinto development agreements; and WHEREAS,BeachbyDesignproposedthedevelopmentofhotelunitstoequalize developmentopportunitiesonthebeachandensure ClearwaterBeachremainsa quality, family resortcommunity,andfurtherprovidedforalimitedpoolofadditionalhotelunits ("Hotel DensityReserve")to bemadeavailableforsuch mid-sized hotel projects; and WHEREAS,theDeveloperowns3.908acresofdevelopablerealproperty ("Property")inthe corporatelimitsoftheCity,moreparticularlydescribedonExhibit "A"attachedhereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by utilizing 189 existingfull servicehotelrooms, 125 additional overnight accommodation units previously approved by the Community Development Board, and 30 additional units from the Hotel Density Reserve,andotherusesfor a totalof Three Hundred and Forty-Four (344) overnightaccommodationunitson site,and includingmeeting spaceforguestuse, pool,newlobbyandparking with parking spaces, generally conforming to the architectural elevation dimensions shown in compositeExhibit “B”,the New Hotel Project is the155 unit limited service hotel to be developed utilizing 30 units from the hotel density reserve as depicted in Exhibit “B”; and WHEREAS,theProperty hasnotpreviouslyacquireddensityfromtheDestination Resort DensityPool; and WHEREAS,uponcompletionthe plannedproject willcontaintwo separate hotels with a total of344overnight accommodationunits,whichincludes30unitsfromthe availableHotelDensity Reserve(“ReserveUnits”); and WHEREAS,theCityhasconductedsuchpublichearingsasarerequiredbyandin accordance withFloridaStatutesSection163.3225,Code Sections4-206and4-606,and anyotherapplicablelaw;and WHEREAS,theCityhasdeterminedthat,asofthedateofthisAgreement,the proposedprojectisconsistentwiththe City'sComprehensivePlanandLandDevelopment Regulations; and WHEREAS,at a duly noticed and convened public meeting on , 2014, the CityCouncil approved this Agreementand authorized and directed its execution bytheappropriateofficials oftheCity;and WHEREAS, approval of this Agreement is in the interests of the City in furtheranceoftheCity'sgoalsofenhancingtheviability oftheresortcommunityandin furtheranceoftheobjectives ofBeachbyDesign;and WHEREAS,DeveloperhasapprovedthisAgreementandhasduly authorized certain individuals to executethis Agreement on Developer's behalf. STATEMENTOFAGREEMENT Inconsiderationofandinrelianceuponthe premises,themutualcovenants containedherein,andothergoodandvaluableconsideration,thereceiptandsufficiency ofwhichareherebyacknowledged,thepartiesheretointending tobelegally boundandin accordancewith theActand Code, agreeasfollows: SECTION 1.Recitals.Theaboverecitalsaretrueandcorrectandareapartof this Agreement. SECTION 2.Incorporation of the Act. This Agreement is entered into in compliancewithandundertheauthorityoftheCodeandtheAct,thetermsofwhichasof thedateofthisAgreementareincorporatedhereinbythisreferenceandmadeapartof thisAgreement.WordsusedinthisAgreementwithoutdefinitionthatare definedinthe Act shall havethesamemeaningin this Agreement as in theAct. SECTION 3.PropertySubjecttothisAgreement.ThePropertydescribedin Exhibit "A"is subject to this Agreement ("Property"). 3.1 ThePropertycurrentlyhasalandusedesignationofResortFacilitiesHigh and is zoned Tourist (T). 3.2.ThePropertyisownedinfeesimpleorundercontracttobeownedinfee simplebytheDeveloper. 3.3 The Property is generally locatedat 521S.Gulfview Blvd., as further described in Exhibit “A”. SECTION 4.ScopeofProject. 4.1 TheProjectshallconsistof189 existingfull servicehotel rooms, the New Hotel Project consisting of 155 unit limited service hotel to be developed utilizing 30 units from the hotel density reserve as depicted in Exhibit “B” and125 additional overnight accommodation units previously approved by the Community Development Board, , for a total of Three Hundred and Forty-Four (344) overnight accommodation units on site. Of the344overnight accommodation units, 30 units shall befrom theHotel DensityReserve. 4.2 TheProjectshallincludeaminimumof413parkingspaces,asdefinedin theCode. 4.3 ThedesignoftheProject,asrepresentedinExhibit“B”,isconsistentwith BeachbyDesign. 4.4 ThedensityoftheProjectshallbe88unitsperacre. Innoinstanceshall thedensityofaparceloflandexceed150unitsperacre.TheheightoftheProjectshallbe 98feet8 inchesmeasuredfromBaseFloodElevation,asdefinedinthe Code. The maximum building heightsofthevariouscharacterdistrictscannotbeincreasedto accommodate hotel rooms allocated from theHotel DensityReserve. SECTION 5.EffectiveDate/Durationofthis Agreement. 5.1 ThisAgreementshallnotbeeffective untilthisAgreementisproperly recordedinthepublic recordsofPinellasCounty,Florida pursuanttoFlorida Statutes Section 163.3239 and CodeSection 4-606. 5.2 Withinfourteen(14)daysaftertheCity approvestheexecutionofthis Agreement,theCity shallrecordtheAgreementwiththeClerkoftheCircuitCourtfor PinellasCounty.TheDevelopershallpaythecostofsuchrecording.TheCityshall submittotheDepartmentofEconomicOpportunityacopyoftherecordedAgreement within fourteen (14)daysaftertheAgreement is recorded. 5.3 ThisAgreementshallcontinue ineffectfor ten(10)yearsunlessearlier terminated as set forth herein. SECTION 6.Obligationsunderthis Agreement. 6.1 Obligations oftheDeveloper: 6.1.1 Theobligations underthis Agreement shall bebindinguponand the benefits ofthis Agreement shall inureto theDeveloper,its successorsin interests or assigns. 6.1.2 AtthetimeofdevelopmentoftheProperty,theDeveloperwill submitsuchapplicationsanddocumentationasarerequiredby lawandshallcomplywith theCodeapplicableat thetimeofbuildingpermit review. Property:6.1.3 The following restrictions shall apply to development of the 6.1.3.1 ToretainthegrantofReserveUnitsprovidedforherein, theProperty andimprovementslocatedthereonshallbedevelopedin substantialconformancewiththeConceptualSite PlanattachedasExhibit "B". Any modificationsdeterminedby thePlanningDirectoraseither inconsistent with attached Exhibit “B” or constituting a substantial deviationfromattachedExhibit“B” shallrequire anamendmenttothis Agreementinaccordance withthe proceduresofthe Actandthe Code,as necessary andapplicable.Any andallsuchapprovedandadopted amendmentsshallberecordedinthe publicrecordsof PinellasCounty, Florida. 6.1.3.2 The Developershallobtainappropriatesite planapproval pursuantto aLevelOneorLevelTwo developmentapplication within one (1)year fromthe effective date of thisAgreementinaccordance withthe provisionsofthe Code,andshallthenobtainappropriatepermitsand certificatesofoccupancy inaccordancewiththeprovisionsoftheCode. Nothing hereinshallrestrictDeveloperfromseekinganextensionofsite planapprovalorotherdevelopmentorderspursuanttotheCodeorstate law. Intheeventthatworkisnotcommencedpursuanttoissuedpermits, orcertificatesofoccupancy arenottimelyissued,theCitymaydenyfuture developmentapprovalsand/orcertificatesofoccupancyfortheProject, and mayterminatethis Agreement in accordancewith Section 10. 6.1.3.3 The Developer shallexecute,prior tocommencementof construction,amandatoryevacuation/closurecovenant,substantially inthe formofExhibit"C",stating thattheaccommodationusewillcloseassoon aspracticable aftera hurricane watchthatincludesClearwaterBeachis posted bytheNational HurricaneCenter. 6.1.4 CovenantofUnifiedUse.Priortotheissuanceofthefirstbuildingpermit forthenew hotel project,theDeveloperhereby agreestoexecutethecovenantofunified useand developmentforthenew hotel projectsiteprovidingthatthenew hotel Projectsiteshallbedevelopedand usedasasingleproject,theformofwhichcovenant isattachedasExhibit "D";provided however,thatnothing shallprecludetheDeveloper fromselling alloraportionofthe Developer'sPropertyintheeventthatDeveloper determinesnottoconstructthenew hotelProject. Itisunderstoodandagreedthat,inthe eventthatthe Developer entersintothe anticipated covenantofunifieduseand development,andtheDeveloperelectsnottoconstructthenew hotelProjectand notifiestheCity ofitselectioninwriting,and,alternatively,asofthedateof expiration, terminationorrevocationnorightsofDeveloperremainorwillbe exercisedto incorporate theHotelDensity ReserveUnitsintotheProject,theCity shallexecuteand deliver tothe Developera terminationof suchcovenantof unifieduse anddevelopment suitablefor recordingin thePublicRecords ofPinellas County, Florida. 6.1.5 ReturnofUnitstoReservePool.AnyReserveUnitsgrantedtoDeveloper nottimely constructedinconjunctionwiththeProjectshallbereturnedtotheHotel DensityReserveand beunavailableto Developerforuseon theProject. 6.1.6 TransientUse. Areservationsystemshallberequiredasanintegralpartof the hoteluse.There shallbe alobby/frontdeskarea thatmustbe operatedasa typical lobby/frontdeskareafora hotelwouldbe operated. Accesstoall unitsmustbeprovided throughalobbyandinternalcorridor. Allunitsshall be available tothepublic for overnighttransienthoteloccupancy atalltimesthroughthe requiredhotelreservation system. Occupancy inthehotelislimitedtoatermoflessthan one(1)monthorthirty- one(31)consecutivedays,whicheverisless. No unitinthehotel shall beused as a primaryorpermanent residence. 6.1.7 NoFullKitchens. Nounitshallhaveacompletekitchenfacilityasthat term is used in thedefinition of“dwellingunit”intheCode. 6.1.8 InspectionofRecords. Developershallmakeavailable for inspectionto authorizedrepresentativesoftheCity itsbooksandrecordspertainingtoeachHotel DensityReserveunituponreasonablenoticetoconfirmcompliancewiththeseregulations as allowed bygeneral law. 6.1.9 CompliancewithDesignGuidelines. TheDeveloperagreestocomply with theDesignGuidelines as set forth in SectionVII. ofBeach byDesign. 6.1.10Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at theHotel after 11:00 p.m.on Sundaythrough Thursday, or after 12:00 midnighton Friday and Saturday. 6.2 Obligations oftheCity. 6.2.1 TheCity shallpromptly processsiteandconstructionplan applicationsfortheProperty thatareconsistentwiththeComprehensivePlanand theConcept Plan and that meet therequirements oftheCode. 6.2.2 ThefinaleffectivenessoftheapplicationsreferencedinSection 6.2.1 is subject to: 6.2.2.1 TheprovisionsofChapters163and166,FloridaStatutes,as theymaygovern suchamendments; and 6.2.2.2 Theexpirationofanyappealperiodsor,ifanappealisfiled, at theconclusion ofsuchappeal. 6.2.3 UponadoptionofthisAgreement,theProjectshallreceive30 unitsfromtheHotelDensity ReserveasdefinedinBeachbyDesign,contingent upon theprovisions ofSection 6.1.5. SECTION7.PublicFacilitiestoServiceDevelopment.Thefollowing public facilitiesarepresentlyavailabletotheProperty fromthesourcesindicatedbelow. DevelopmentofthePropertywillbegovernedbytheconcurrency ordinanceprovisions applicableatthetimeofdevelopmentapproval.Therequirementsforconcurrency asset forth in Article4, Division 9, oftheCode, havebeen satisfied. 7.1 Potable water is available from the City. The Developer shall be responsibleforall necessarymain extensions and applicableconnection fees. 7.2 SewerserviceiscurrentlyprovidedbytheCity.TheDevelopershallbe responsibleforall necessarymain extensions and applicableconnection fees. 7.3 Fireprotection from theCity. 7.4 DrainagefacilitiesforthePropertywillbeprovidedbytheDeveloperat theDeveloper's soleexpense. 7.5 TheProjectshallcomplywiththeMetropolitanPlanningOrganization’s [MPO]or itssuccessor’scountywideapproachtotheapplicationof concurrency managementfor transportationfacilities,andthe transportationanalysisconductedfor the Project shall includethefollowing: •Recognition ofstandarddatasources as established bytheMPO; •Identificationoflevelofservice(LOS)standardsforstateandcountyroadsas established bytheMPO; •Utilization of proportional fair-share requirements consistent with Florida Statutes and theMPO model ordinance; •Utilization oftheMPO TrafficImpact StudyMethodology; and •RecognitionoftheMPOdesignationof“ConstrainedFacilities”assetforthin themost current MPO AnnualLevel ofServiceReport. 7.6 All improvements associated with the public facilities identified in Subsections7.1through7.5shallbecompletedpriortotheissuanceofany certificateof occupancy. 7.7 Developeragreestoprovideacashier’scheck,a paymentandperformance bond,orletterofcreditintheamountof115%oftheestimatedcostsofthepublic facilitiesandservices,tobedepositedwiththeCitytosecureconstructionofanynew publicfacilitiesandservicesrequiredtobeconstructedby thisAgreement. Such constructionshallbecompletedpriortoissuanceofaCertificateofOccupancyforthe Project. SECTION 8.RequiredLocal Government Approvals. The required local governmentdevelopmentapprovalsfordevelopmentoftheProperty include,without limitation, thefollowing: 8.1 Siteplanapproval(s)andassociatedutilitylicenses,access,andright-of- wayutilization permits; 8.2 Construction plan approval(s); 8.3 Buildingpermit(s); 8.4 Certificate(s)ofoccupancy;and SECTION 9.FindingofConsistency.TheCityfindsthatdevelopmentofthe Property isconsistentwiththetermsthisAgreementisconsistentwiththeCity ComprehensivePlan andtheCode. SECTION10. Termination. Ifthe Developer'sobligationssetforthinthis Agreementarenotfollowedinatimelymanner,asreasonablydeterminedbytheCity Manager,afternoticetotheDeveloperandanopportunity tobeheard,existingpermits shallbeadministratively suspendedandissuanceofnewpermitssuspendeduntilthe Developerhasfulfilleditsobligations.Failuretotimelyfulfillitsobligationsmayserveas abasisforterminationofthisAgreementbytheCity,atthediscretionoftheCityand afternoticeto theDeveloperand an opportunityfortheDeveloperto beheard. SECTION11. OtherTermsandConditions. Exceptin thecaseoftermination, untilten(10)yearsafterthedateofthisAgreement,theCity mayapplylawsandpolicies adoptedsubsequently totheEffectiveDateofthisAgreementiftheCityhasheldapublic hearingand determined: (a)They arenotinconflictwiththelawsandpoliciesgoverning the Agreement and do not prevent development of the land uses, intensities, ordensities in theAgreement; (b)Theyareessential to thepublichealth, safety, orwelfare, andexpressly statethatthey shallapply toadevelopmentthatissubjecttoa development agreement; (c) Theyarespecificallyanticipated and provided forin this Agreement; (d) TheCitydemonstratesthatsubstantialchangeshaveoccurredin pertinentconditionsexisting atthetimeofapprovalofthisAgreement; or (e) ThisAgreementisbasedonsubstantiallyinaccurateinformation provided bytheDeveloper SECTION12. Compliance withLaw. Thefailure ofthisAgreementtoaddress anyparticularpermit,condition,termorrestrictionshallnotrelievetheDeveloperfrom thenecessity ofcomplyingwiththelawgoverningsuchpermittingrequirements, conditions, terms orrestrictions. SECTION13. Notices. Noticesandcommunicationsrequiredordesiredtobegiven underthisAgreementshallbegiventothepartiesby handdelivery,by nationally recognizedovernightcourierservicesuchasFederalExpress,orby certifiedmail,return receiptrequested,addressedasfollows(copiesasprovidedbelowshall berequiredfor propernoticeto begiven): Ifto theDeveloper:Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copyto:Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 Ifto City:CityofClearwater, CityAttorney ATTN: PamelaAkin, Esq. 112 South OsceolaAvenue Clearwater, FL33756 Properly addressed, postage prepaid, notices or communications shall be deemed deliveredandreceivedonthedayofhanddelivery,thenextbusinessdayafterdeposit withanovernightcourierservicefornextday delivery,oronthethird(3rd)day following depositinthe UnitedStatesmail,certifiedmail,returnreceiptrequested.The partiesmay change the addressessetforthabove (includingthe additionof a mortgagee toreceive copies ofall notices), bynoticein accordancewith this Section. SECTION 14.Assignments. 14.1 BytheDeveloper: 14.1.1PriortotheCommencementDate,theDevelopermay sell,convey, assignorotherwisedisposeofanyorallofitsright,title,interestandobligations inandtotheProject,orany partthereof,only withthepriorwrittennoticetothe City,providedthatsuchparty (hereinafterreferredtoasthe"assignee"),tothe extent ofthesale,conveyance,assignment orotherdisposition bytheDeveloperto theassignee,shallbeboundby thetermsofthisAgreementthesameasthe DeveloperforsuchpartoftheProjectasis subjecttosuchsale,conveyance, assignment orotherdisposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligationsinandtotheProject,orany partthereofassumesalloftheDeveloper's obligationshereunder forthe Project,or thatpartsubjecttosuchsale,conveyance, assignmentor other disposition,thenthe Developer shallbe releasedfromallsuch obligationshereunderwhichhavebeensoassumedbytheassignee,andtheCity agrees to execute an instrument evidencing such release, which shall be in recordableform. 14.1.3 AnassignmentoftheProject,orany partthereof,bytheDeveloper toany corporation,limitedpartnership,limitedliability company,general partnership,orjointventure,inwhichtheDeveloper(oranentity undercommon control with Developer) has either the controlling interest or through a joint venture or other arrangementsharesequalmanagementrightsandmaintainssuch controlling interestorequalmanagementrightsshallnotbedeemedanassignment ortransfersubjecttoanyrestrictiononorapprovalsofassignmentsortransfers imposedby thisAgreement,provided,however,thatnoticeofsuchassignment shallbegivenby theDevelopertotheCity notlessthanthirty (30)dayspriorto suchassignmentbeingeffectiveandtheassigneeshallbeboundbythetermsof thisAgreementtothesameextentaswouldthe Developerintheabsenceofsuch assignment. 14.1.4 Noassignee,purchaser,sublesseeoracquirerofalloranypartof theDeveloper'srightsandobligationswithrespecttoany oneParcelshallinany waybeobligatedorresponsibleforanyoftheDeveloper'sobligationswithrespect toany otherParcelbyvirtueofthisAgreementunlessanduntilsuchassignee, purchaser,sublesseeoracquirehasexpressly assumedtheDeveloper'ssuchother obligations. 14.2 SuccessorsandAssigns.Thetermshereincontainedshallbindandinureto the benefit of the City, and its successors and assigns, and the Developer and, as applicabletothepartiescomprising Developer,theirpersonalrepresentatives,trustees, heirs, successors and assigns, except as mayotherwisebespecificallyprovided herein. SECTION15. MinorNon-Compliance.TheDeveloperwillnotbedeemedto havefailedtocomply withthetermsofthisAgreementintheeventsuchnoncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequentialnature. SECTION16. CovenantofCooperation.Thepartiesshallcooperatewithand deal with each other in good faith and assist each other in the performance of the provisionsofthisAgreementandinachievingthe completionofdevelopmentofthe Property. SECTION 17. Approvals.Whenever anapprovalor consentisrequiredunder or contemplatedby thisAgreementsuchapprovalorconsentshallnotbeunreasonably withheld,delayedor conditioned.Allsuchapprovalsandconsentsshallbe requestedand granted in writing. SECTION 18.Completionof Agreement.Uponthe completionof performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation ortermination shall besigned bytheparties heretoand recordedin theofficial records oftheCity. SECTION 19. EntireAgreement. This Agreement (including any and all Exhibitsattachedheretoallof whichare a partofthisAgreementtothe same extentasif suchExhibitsweresetforthinfullinthebody ofthisAgreement),constitutestheentire agreement between theparties hereto pertainingto thesubject matterhereof. SECTION20.Construction.The titles,captionsandsectionnumbersinthis Agreementareinsertedforconvenientreferenceonly anddonotdefineorlimitthescope or intent and should not be used in the interpretation of anysection, subsection or provisionof thisAgreement.Whenever the contextrequiresor permits,the singular shall include the plural, and plural shall include the singular and any reference in this Agreementtothe Developer includesthe Developer'ssuccessorsorassigns.This AgreementwastheproductionofnegotiationsbetweenrepresentativesfortheCityand the Developer andthe language of theAgreementshouldbe givenitsplainandordinary meaningandshouldnotbestrictlyconstruedagainstany partyheretobasedupon draftsmanship.Ifany termorprovisionofthisAgreementissusceptibletomorethanone interpretation,one or more of whichrender itvalidandenforceable,andone or more of whichwouldrenderitinvalidor unenforceable,suchtermor provisionshallbe construed in amannerthat would renderit valid and enforceable. SECTION21. PartialInvalidity.Ifany termorprovisionofthisAgreementor theapplicationthereoftoanypersonorcircumstanceisdeclaredinvalidorunenforceable, theremainderofthisAgreement,includingany validportionoftheinvalidtermor provision and theapplication ofsuch invalid termorprovision to circumstances otherthan thoseastowhichitisheldinvalidorunenforceable,shallnotbeaffectedtherebyand shallwiththeremainderofthisAgreementcontinueunmodifiedandin fullforceand effect.Notwithstanding theforegoing,ifsuchresponsibilitiesofany party hereto,tothe extentthatthe purpose of thisAgreementor thebenefitssoughttobe receivedhereunder arefrustrated,suchpartyshallhavetherighttoterminatethisAgreementuponfifteen (15)days written noticeto theotherparties. SECTION22. CodeAmendments.Subsequently adoptedordinancesandcodes oftheCitywhichareofgeneralapplicationnotgoverningthedevelopmentoflandshall beapplicabletotheProperty,andsuchmodificationsarespecifically anticipatedinthis Agreement. SECTION23. GoverningLaw. ThisAgreementshallbe governedby,and construed in accordancewith thelaws oftheStateofFlorida. SECTION24. Counterparts. ThisAgreementmay beexecutedincounterparts, all ofwhich togethershall continueoneand thesameinstrument. SECTION 25. Amendment. This Agreement may be amended by mutual writtenconsentoftheCity andtheDevelopersolongastheamendmentmeetsthe requirements oftheAct,applicableCityordinances, and Floridalaw. INWITNESSWHEREOF,thepartieshaveheretoexecutedthisAgreementthe dateandyearfirstabovewritten. In thePresenceof:DECADE GULF COAST HOTEL PARTNERS, L.P. , alimited partnership BY:J.K. GULFVIEW, LLC, a limited liability companyGener PrintName By: Name: Title: PrintName As to “Developer” CITYOFCLEARWATER, FLORIDA Print Name: By: William BHomeII, CityManager Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by________________________,as_________ofDecade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, on behalfoftheaforesaid entities. He is [ ]personally known to me or has [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: EXHIBIT“A” PROJECT LEGALDESCRIPTION From the Northwesterly corner of Lot 1, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the public Records of Pinellas County, Florida; thence run North 54 deg. 25’ 30” West 55.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25’ 30” West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43in Lloyd-Whtie- Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34’ 30” West 400.00 feet to the bulkhead line; thence South 54 deg. 25’ 30” East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52’ 45” East, chord 212.21 feet; thence South 77 deg. 20’ 00” East 87,38 feet; thence North 12 deg. 40’ 00” East 351.56 feet to the Point of Beginning. EXHIBIT“B” Conceptual SitePlan EXHIBIT“C” COVENANTREGARDINGHURRICANEEVACUATION AndDEVELOPMENT, USEAND OPERATION DECLARATION OFCOVENANTSAND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (“Declaration”) is made as of the ____ day of ____________, 2014, by DECADE GULF COAST HOTEL PARTNERS, L.P.and J.K. GULFVIEW, LLC, (“Developer”). DeveloperistheowneroffeesimpletitletotherealpropertydescribedinSchedule1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,Florida(the"City"),hasamendeditsComprehensivePlanto designateClearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning CouncilRulesinordertoimplementtheprovisionsofBeachby Design,aplanforthe revitalization ofClearwaterBeach. ThedesignationofClearwaterBeachasaCommunity RedevelopmentDistrict(the "Designation")providesfortheallocationofHotelDensity ReserveUnitsasanincentiveforthe developmentofmid-sizequality hotels.PursuanttotheDesignation,theallocationofHotel DensityReserveUnitsissubjecttocompliancewithaseriesofperformancestandards,including arequirementthatresortscontainingahoteldevelopedwithHotelDensityReserveUnitsshall be closedandallGuestsevacuatedfromsuchhotelsassoonaspracticable after the National Hurricane Center postsahurricane watchthatincludesClearwaterBeach.The purpose of such evacuationistoensure thatsucha hotelisevacuatedinadvance of theperiodof time whena hurricaneevacuation would beexpected in advanceoftheapproach ofhurricaneforcewinds. TheCityhasgranted,byCityCouncilResolution , passedandapprovedon ,2014,Developer'sapplicationforHotelDensity ReserveUnitspursuanttothe Designation,subjecttoDeveloper'scompliance withthe requirementsofthe Designation. Developerdesiresfor itself, and itssuccessorsand assigns, asowner, to establish certain rights, duties,obligationsandresponsibilitieswithrespecttothe use andoperationof the RealProperty inaccordancewiththetermsandconditionsoftheallocationoftheHotelDensity ReserveUnits totheCityandtheDesignation,whichrights,duties,obligationsandresponsibilitiesshallbe bindingon anyandall successorsand assigns andwill run with thetitleto theReal Property. THEREFORE,inconsiderationofthecovenantsandrestrictionshereinsetforthandto be observedandperformed,andinfurther considerationof the allocationof HotelDensity ReserveUnitstoDeveloper,andothergoodandvaluableconsideration,thesufficiency ofwhich is herebyacknowledged,Developerherebydeclares, covenantsand agreesas follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefitofDeveloperanditssuccessorsandassignsandshallbeenforceablebythemandalsofor thebenefitoftheresidentsoftheCity andshallbeenforceableonbehalfofsaidresidentsby the CityCouncil oftheCity. 2. CovenantofDevelopment,UseandOperation.Developerherebycovenantsand agreestothedevelopment,useandoperationoftheRealProperty inaccordancewiththe provisions ofthis Declaration. 2.1 Use. Theuseoftheresort on theReal Propertyis restricted asfollows: 2.1.1 344 units,30of whichareunitsallocatedtoDeveloperfrom the HotelDensityReserve,shallbeusedsolelyfortransientoccupancyof one monthorthirty-one(31)consecutivedaysorless,mustbelicensedasa publiclodging establishmentandclassifiedasahotel,andmustbeoperated by asinglelicensed operatorofthe hotel. No unit shall be used as a primary or permanent residence. Accesstotheunitsmustbeprovided throughalobby and internalcorridor. Areservationsystemshallbe requiredasanintegralpartof the hoteluse andthere shallbe a lobby/front deskarea thatmustbe operatedasa typicallobby/frontdeskareafora hotelwouldbeoperated. Allunitsshall berequiredtobesubmittedtoa rentalprogramrequiring theunitstobe availableformembersofthepublic asovernighthotelguestsonatransientbasis atalltimes. Nounitshall haveacompletekitchenfacility asthattermisusedin thedefinitionof “dwelling unit”intheCode. Developershallmakeavailablefor inspection to authorized representatives of the City its books and records pertainingtoeachunituponreasonablenoticetoconfirm compliancewith theseregulationsasallowedby generallaw. TheDeveloper agreesto comply withtheDesignGuidelinesassetforthinSectionVIIofBeach by Design. 2.1.2Asusedherein,the terms"transientoccupancy,""publiclodging establishment,""hotel”,and"operator"shallhavethemeaninggiventosuch terms in FloridaStatutesChapter509, PartI. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propertyshallbeclosedassoonaspracticableupontheissuanceofahurricanewatchbythe NationalHurricane Center,whichhurricane watchincludesClearwater Beach,andallHotel guests,visitorsandemployeesotherthanemergencyandsecuritypersonnelrequiredtoprotect theresort,shallbeevacuatedfromtheHotelassoonaspracticablefollowing theissuanceofsaid hurricanewatch.IntheeventthattheNationalHurricaneCentershallmodify theterminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisionsofthisDeclarationshallbe governedbythelevelofwarningemployed bythe NationalHurricane Centerwhichprecedesthe issuance ofa forecastofprobable landfallinorder toensurethattheguests,visitorsandemployeeswillbeevacuatedinadvanceoftheissuanceof aforecast ofprobablelandfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permitsrequiredtobuildtheproject("Project")andDeveloper's commencementof constructionoftheProject,asevidenceby aNoticeofCommencement fortheProject.This Declarationshallexpireandterminateautomatically ifandwhenthe allocationofReserveUnits to theDeveloperexpires oris terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed bythelaws oftheStateofFlorida. 5 Recording.ThisDeclarationshallberecordedinthechainoftitleof theReal Propertywith theClerk oftheCourts ofPinellas County, Florida. 6 Attorneys'Fees.DevelopershallreimbursetheCityforanyexpenses, including reasonableattorneys'fees,whichareincurredbytheCity intheeventthatthe City determines thatitisnecessary andappropriatetoseekjudicialenforcementofthis DeclarationandtheCity obtainsrelief,whetherby agreementofthepartiesorthrough orderofacourtofcompetent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the applicationofthisDeclarationtoanypersonorcircumstancewillbeoris declaredtoanyextent tobe invalidor unenforceable,the remainder ofthisDeclaration,or the applicationof such provisionorportionthereoftoanypersonorcircumstance,shall notbeaffectedthereby,and eachandevery otherprovisionofthisDeclarationshallbe validandenforceabletothefullest extent permitted bylaw. INWITNESSWHEREOF, Developerhas causedthis Declaration to beexecuted this dayof , 2014. In thePresenceof:DECADE GULF COAST HOTEL PARTNERS, L.P. , alimited partnership BY:J.K. GULFVIEW, LLC, a limited liability company PrintName PrintName As to “Developer” By: Name: Title CITYOFCLEARWATER, FLORIDA Print Name: CityManager By: William BHomeII, Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by ________________________,as_________ofDecade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, on behalfoftheaforesaid entities. Heis [ ] personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: SCHEDULE “A” From the Northwesterly corner of Lot 1, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the public Records of Pinellas County, Florida; thence run North 54 deg. 25’ 30” West 55.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25’ 30” West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43in Lloyd-Whtie-Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34’ 30” West 400.00 feet to the bulkhead line; thence South 54 deg. 25’ 30” East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52’ 45” East, chord 212.21 feet; thence South 77 deg. 20’ 00” East 87,38 feet; thence North 12 deg. 40’ 00” East 351.56 feet to the Point of Beginning. EXHIBIT“D” COVENANTOFUNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANTOFUNIFIED USE THISCOVENANTOFUNIFIEDUSE(the"Covenant")isexecutedthis dayof , 2014, by (“Developer"). WITNESSETH: WHEREAS,DeveloperistheowneroftherealpropertylegallydescribedonSchedule "A"attached hereto and incorporated herein byreference(the"Real Property"); and WHEREAS,DeveloperandtheCityofClearwater,Florida(the"City")arepartiestothat certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"),pursuanttowhichtheCityhasagreedthatDevelopermaydevelopandconstruct upon theReal Propertyahotel project as describedin theAgreement(the"Project"); and WHEREAS,DeveloperintendstodevelopandoperatetheRealPropertyforaunified use, as moreparticularlydescribed in this Covenant. NOW,THEREFORE,inconsiderationofthesumofTenDollars($10.00)andother goodandvaluableconsideration,thereceiptandsufficiency ofwhicharehereby acknowledged, Developerdoesherebyagreethat,effectiveasofthedateonwhichDeveloperreceivesall permitsrequiredtoconstructthe ProjectandDevelopercommencesconstructionthereof,as evidencedbyaNoticeofCommencementfortheProject,thenew hotel projectshallbe developed andoperatedasalimited-servicehotelproject,asdescribedintheAgreement.The restrictions setforthintheprecedingsentenceshallexpireautomatically whenandifDeveloper's allocation ofadditionalhotelunits(asdefinedintheAgreement)expiresoristerminated. Nothing inthis AgreementshallrequireDevelopertodevelopthenew hotel projectorrestrict Developer'sability tosell, assign,transferorotherwiseconveyitsrightinandtotheReal Propertyoranyportionor portionsthereoftounrelatedthird-parties.Developeragreesthatthe City shallhavetherightto enforcethetermsand conditions ofthis Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. INWITNESSWHEREOF,DeveloperhascausedthisAgreementtobe executed this dayof , 2014. In thePresenceof:DECADE GULF COAST HOTEL PARTNERS, L.P. , alimited partnership BY:J.K. GULFVIEW, LLC, a limited liability company PrintName PrintName As to “Developer” By: Name: Title CITY OF CLEARWATER,FLORIDA By: Print Name:William BHomeII, CityManager Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by ________________________,as_________ofDecade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, on behalfoftheaforesaid entities. Heis [ ]personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: SCHEDULE “A” From the Northwesterly corner of Lot 1, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the public Records of Pinellas County, Florida; thence run North 54 deg. 25’ 30” West 55.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25’ 30” West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43in Lloyd-Whtie- Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34’ 30” West 400.00 feet to the bulkhead line; thence South 54 deg. 25’ 30” East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52’ 45” East, chord 212.21 feet; thence South 77 deg. 20’ 00” East 87,38 feet; thence North 12 deg. 40’ 00” East 351.56 feet to the Point of Beginning. Resolution No. 14-14 RESOLUTION NO. 14-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER ANDDECADE GULF COAST HOTEL PARTNERS, L.P. & J.K. GULFVIEW LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Decade Gulf Coast Hotel Partners, L.P. & J.K. Gulfview LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Decade Gulf Coast Hotel Partners, L.P. & J.K. Gulfview LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Rosemarie Call City Attorney City Clerk [GM14-1420-150/150345/1] HOTELDENSITYRESERVEDEVELOPMENTAGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement")isdatedthe dayof ,2014,andenteredinto between DECADE GULF COAST HOTEL PARTNERS, L.P. and J.K. Gulfview, LLC (“Developer"),itssuccessorsand assigns,andthe CITYOF CLEARWATER, FLORIDA,amunicipalcorporationofthe StateofFloridaactingthrough its City Council, thegoverningbodythereof("City"). RECITALS: WHEREAS,oneofthemajorelementsoftheCity'srevitalizationeffortisa specialareaplanfortherevitalizationofClearwaterBeachadoptedundertheprovisions ofthe Florida GrowthManagementAct,FloridaStatutesChapter163,PartII,andentitled Beach byDesign; and WHEREAS,Florida StatutesSections163.3220-163.3243,theFloridaLocal Government Development Agreement Act ("Act"), authorize the City to enter into binding developmentagreementswithpersonshaving alegalorequitableinterestinreal propertylocated within thecorporatelimits oftheCity; and WHEREAS,underSection163.3223oftheAct,theCityhasadoptedSection4- 606oftheCity ofClearwaterCommunity DevelopmentCode("Code"),establishing procedures and requirements to considerand enterinto development agreements; and WHEREAS,BeachbyDesignproposedthedevelopmentofhotelunitstoequalize developmentopportunitiesonthebeachandensure ClearwaterBeachremainsa quality, family resortcommunity,andfurtherprovidedforalimitedpoolofadditionalhotelunits ("Hotel DensityReserve")to bemadeavailableforsuch mid-sized hotel projects; and WHEREAS,theDeveloperowns3.908acresofdevelopablerealproperty ("Property")inthe corporatelimitsoftheCity,moreparticularlydescribedonExhibit "A"attachedhereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by utilizing 189 existingfull servicehotelrooms, 125 additional overnight accommodation units previously approved by the Community Development Board, and 30 additional units from the Hotel Density Reserve,andotherusesfor a totalof Three Hundred and Forty-Four (344) overnightaccommodationunitson site,and includingmeeting spaceforguestuse, pool,newlobbyandparking with parking spaces, generally conforming to the architectural elevation dimensions shown in compositeExhibit “B”,the New Hotel Project is the 155 unit limited service hotel to be developed utilizing 30 units from the hotel density reserve as depicted in Exhibit “B”; and WHEREAS,theProperty hasnotpreviouslyacquireddensityfromtheDestination Resort DensityPool; and WHEREAS,uponcompletionthe plannedproject willcontaintwo separate hotels with a total of344overnight accommodationunits,whichincludes30unitsfromthe availableHotelDensity Reserve (“ReserveUnits”); and [GM14-1420-150/150345/1] WHEREAS,theCityhasconductedsuchpublichearingsasarerequiredbyandin accordance withFloridaStatutesSection163.3225,Code Sections4-206and4-606,and anyotherapplicablelaw;and WHEREAS,theCityhasdeterminedthat,asofthedateofthisAgreement,the proposedprojectisconsistentwiththe City'sComprehensivePlanandLandDevelopment Regulations; and WHEREAS,at a duly noticed and convened public meeting on , 2014, the CityCouncil approved this Agreementand authorized and directed its execution bytheappropriateofficials oftheCity;and WHEREAS, approval of this Agreement is in the interests of the City in furtheranceoftheCity'sgoalsofenhancingtheviability oftheresortcommunityandin furtheranceoftheobjectives ofBeachbyDesign;and WHEREAS,DeveloperhasapprovedthisAgreementandhasduly authorized certain individuals to executethis Agreement on Developer's behalf. STATEMENTOFAGREEMENT Inconsiderationofandinrelianceuponthe premises,themutualcovenants containedherein,andothergoodandvaluableconsideration,thereceiptandsufficiency ofwhichareherebyacknowledged,thepartiesheretointending tobelegally boundandin accordancewith theActand Code, agreeasfollows: SECTION 1.Recitals.Theaboverecitalsaretrueandcorrectandareapartof this Agreement. SECTION 2.Incorporation of the Act. This Agreement is entered into in compliancewithandundertheauthorityoftheCodeandtheAct,thetermsofwhichasof thedateofthisAgreementareincorporatedhereinbythisreferenceandmadeapartof thisAgreement.WordsusedinthisAgreementwithoutdefinitionthatare definedinthe Act shall havethesamemeaningin this Agreement as in theAct. SECTION 3.PropertySubjecttothisAgreement.ThePropertydescribedin Exhibit "A"is subject to this Agreement ("Property"). 3.1 ThePropertycurrentlyhasalandusedesignationofResortFacilitiesHigh and is zoned Tourist (T). 3.2.ThePropertyisownedinfeesimpleorundercontracttobeownedinfee simplebytheDeveloper. 3.3 The Property is generally locatedat 521S.Gulfview Blvd., as further described in Exhibit “A”. [GM14-1420-150/150345/1] SECTION 4.ScopeofProject. 4.1 TheProjectshallconsistof189 existingfull servicehotel rooms, the New Hotel Project consisting of 155 unit limited service hotel to be developed utilizing 30 units from the hotel density reserve as depicted in Exhibit “B” and125 additional overnight accommodation units previously approved by the Community Development Board, , for a total of Three Hundred and Forty-Four (344) overnight accommodation units on site. Of the344overnight accommodation units, 30 units shall befrom theHotel DensityReserve. 4.2 TheProjectshallincludeaminimumof413parkingspaces,asdefinedin theCode. 4.3 ThedesignoftheProject,asrepresentedinExhibit“B”,isconsistentwith BeachbyDesign. 4.4 ThedensityoftheProjectshallbe88unitsperacre. Innoinstanceshall thedensityofaparceloflandexceed150unitsperacre.TheheightoftheProjectshallbe 98feet8 inchesmeasuredfromBaseFloodElevation,asdefinedinthe Code. The maximum building heightsofthevariouscharacterdistrictscannotbeincreasedto accommodate hotel rooms allocated from theHotel DensityReserve. SECTION 5.EffectiveDate/Durationofthis Agreement. 5.1 ThisAgreementshallnotbeeffective untilthisAgreementisproperly recordedinthepublic recordsofPinellasCounty,Florida pursuanttoFlorida Statutes Section 163.3239 and CodeSection 4-606. 5.2 Withinfourteen(14)daysaftertheCity approvestheexecutionofthis Agreement,theCity shallrecordtheAgreementwiththeClerkoftheCircuitCourtfor PinellasCounty.TheDevelopershallpaythecostofsuchrecording.TheCityshall submittotheDepartmentofEconomicOpportunityacopyoftherecordedAgreement within fourteen (14)daysaftertheAgreement is recorded. 5.3 ThisAgreementshallcontinue ineffectfor ten(10)yearsunlessearlier terminated as set forth herein. SECTION 6.Obligationsunderthis Agreement. 6.1 Obligations oftheDeveloper: 6.1.1 Theobligations underthis Agreement shall bebindinguponand the benefits ofthis Agreement shall inureto theDeveloper,its successorsin interests or assigns. 6.1.2 AtthetimeofdevelopmentoftheProperty,theDeveloperwill submitsuchapplicationsanddocumentationasarerequiredby lawandshallcomplywith theCodeapplicableatthetimeofbuildingpermit review. Property:6.1.3 The following restrictions shall apply to development of the [GM14-1420-150/150345/1] 6.1.3.1 ToretainthegrantofReserveUnitsprovidedforherein, theProperty andimprovementslocatedthereonshallbedevelopedin substantialconformancewiththeConceptualSite PlanattachedasExhibit "B". Any modificationsdeterminedby thePlanningDirectoraseither inconsistent with attached Exhibit “B” or constituting a substantial deviationfromattachedExhibit“B” shallrequire anamendmenttothis Agreementinaccordance withthe proceduresofthe Actandthe Code,as necessary andapplicable.Any andallsuchapprovedandadopted amendmentsshallberecordedinthe publicrecordsof PinellasCounty, Florida. 6.1.3.2 The Developershallobtainappropriatesite planapproval pursuantto aLevelOneorLevelTwo developmentapplication within one (1)year fromthe effective date of thisAgreementinaccordance withthe provisionsofthe Code,andshallthenobtainappropriatepermitsand certificatesofoccupancy inaccordancewiththeprovisionsoftheCode. Nothing hereinshallrestrictDeveloperfromseekinganextensionofsite planapprovalorotherdevelopmentorderspursuanttotheCodeorstate law. Intheeventthatworkisnotcommencedpursuanttoissuedpermits, orcertificatesofoccupancy arenottimelyissued,theCitymaydenyfuture developmentapprovalsand/orcertificatesofoccupancyfortheProject, and mayterminatethis Agreement in accordancewith Section 10. 6.1.3.3 The Developer shallexecute,prior tocommencementof construction,amandatoryevacuation/closurecovenant,substantially inthe formofExhibit"C",stating thattheaccommodationusewillcloseassoon aspracticable aftera hurricane watchthatincludesClearwaterBeachis posted bytheNational HurricaneCenter. 6.1.4 CovenantofUnifiedUse.Priortotheissuanceofthefirstbuildingpermit forthenew hotel project,theDeveloperhereby agreestoexecutethecovenantofunified useand developmentforthenew hotel projectsiteprovidingthatthenew hotel Projectsiteshallbedevelopedand usedasasingleproject,theformofwhichcovenant isattachedasExhibit "D";provided however,thatnothing shallprecludetheDeveloper fromselling alloraportionofthe Developer'sPropertyintheeventthatDeveloper determinesnottoconstructthenew hotelProject. Itisunderstoodandagreedthat,inthe eventthatthe Developer entersintothe anticipated covenantofunifieduseand development,andtheDeveloperelectsnottoconstructthenew hotelProjectand notifiestheCity ofitselectioninwriting,and,alternatively,asofthedateof expiration, terminationorrevocationnorightsofDeveloperremainorwillbe exercisedto incorporate theHotelDensity ReserveUnitsintotheProject,theCity shallexecuteand deliver tothe Developera terminationof suchcovenantof unifieduse anddevelopment suitablefor recordingin thePublicRecords ofPinellas County, Florida. 6.1.5 ReturnofUnitstoReservePool.AnyReserveUnitsgrantedtoDeveloper nottimely constructedinconjunctionwiththeProjectshallbereturnedtotheHotel DensityReserveand beunavailableto Developerforuseon theProject. [GM14-1420-150/150345/1] 6.1.6 TransientUse. Areservationsystemshallberequiredasanintegralpartof the hoteluse.There shallbe alobby/frontdeskarea thatmustbe operatedasa typical lobby/frontdeskareaforahotelwouldbe operated. Accesstoall unitsmustbeprovided throughalobbyandinternalcorridor. Allunitsshall be available tothepublic for overnighttransienthoteloccupancy atalltimesthroughthe requiredhotelreservation system. Occupancy inthehotelislimitedtoatermoflessthan one(1)monthorthirty- one(31)consecutivedays,whicheverisless. No unitinthehotel shall beused as a primaryorpermanent residence. 6.1.7 NoFullKitchens. Nounitshallhaveacompletekitchenfacilityasthat term is used in thedefinition of“dwellingunit”intheCode. 6.1.8 InspectionofRecords. Developershallmakeavailable for inspectionto authorizedrepresentativesoftheCity itsbooksandrecordspertainingtoeachHotel DensityReserveunituponreasonablenoticetoconfirmcompliancewiththeseregulations as allowed bygeneral law. 6.1.9 CompliancewithDesignGuidelines. TheDeveloperagreestocomply with theDesignGuidelines as set forth in SectionVII. ofBeach byDesign. 6.1.10Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m.on Sundaythrough Thursday, or after 12:00 midnighton Friday and Saturday. 6.2 Obligations oftheCity. 6.2.1 TheCity shallpromptly processsiteandconstructionplan applicationsfortheProperty thatareconsistentwiththeComprehensivePlanand theConcept Plan and that meet therequirements oftheCode. 6.2.2 ThefinaleffectivenessoftheapplicationsreferencedinSection 6.2.1 is subject to: 6.2.2.1 TheprovisionsofChapters163and166,FloridaStatutes,as theymaygovern suchamendments; and 6.2.2.2 Theexpirationofanyappealperiodsor,ifanappealisfiled, at theconclusion ofsuchappeal. 6.2.3 UponadoptionofthisAgreement,theProjectshallreceive30 unitsfromtheHotelDensity ReserveasdefinedinBeachbyDesign,contingent upon theprovisions ofSection 6.1.5. [GM14-1420-150/150345/1] SECTION7.PublicFacilitiestoServiceDevelopment.Thefollowing public facilitiesarepresentlyavailabletotheProperty fromthesourcesindicatedbelow. DevelopmentofthePropertywillbegovernedbytheconcurrency ordinanceprovisions applicableatthetimeofdevelopmentapproval.Therequirementsforconcurrency asset forth in Article4, Division 9, oftheCode, havebeen satisfied. 7.1 Potable water is available from the City. The Developer shall be responsibleforall necessarymain extensions and applicableconnection fees. 7.2 SewerserviceiscurrentlyprovidedbytheCity.TheDevelopershallbe responsibleforall necessarymain extensions and applicableconnection fees. 7.3 Fireprotection from theCity. 7.4 DrainagefacilitiesforthePropertywillbeprovidedbytheDeveloperat theDeveloper's soleexpense. 7.5 TheProjectshallcomplywiththeMetropolitanPlanningOrganization’s [MPO]or itssuccessor’scountywideapproachtotheapplicationof concurrency managementfor transportationfacilities,andthe transportationanalysisconductedfor the Project shall includethefollowing: •Recognition ofstandarddatasources as established bytheMPO; •Identificationoflevelofservice(LOS)standardsforstateandcountyroadsas established bytheMPO; •Utilization of proportional fair-share requirements consistent with Florida Statutes and theMPO model ordinance; •Utilization oftheMPO TrafficImpact StudyMethodology; and •RecognitionoftheMPOdesignationof“ConstrainedFacilities”assetforthin themost current MPO AnnualLevel ofServiceReport. 7.6 All improvements associated with the public facilities identified in Subsections7.1through7.5shallbecompletedpriortotheissuanceofany certificateof occupancy. 7.7 Developeragreestoprovideacashier’scheck,a paymentandperformance bond,orletterofcreditintheamountof115%oftheestimatedcostsofthepublic facilitiesandservices,tobedepositedwiththeCitytosecureconstructionofanynew publicfacilitiesandservicesrequiredtobeconstructedby thisAgreement. Such constructionshallbecompletedpriortoissuanceofaCertificateofOccupancyforthe Project. SECTION 8.RequiredLocal Government Approvals. The required local governmentdevelopmentapprovalsfordevelopmentoftheProperty include,without limitation, thefollowing: [GM14-1420-150/150345/1] 8.1 Siteplanapproval(s)andassociatedutilitylicenses,access,andright-of- wayutilization permits; 8.2 Construction plan approval(s); 8.3 Buildingpermit(s); 8.4 Certificate(s)ofoccupancy;and SECTION 9.FindingofConsistency.TheCityfindsthatdevelopmentofthe Property isconsistentwiththetermsthisAgreementisconsistentwiththeCity ComprehensivePlan andtheCode. SECTION10. Termination. Ifthe Developer'sobligationssetforthinthis Agreementarenotfollowedinatimelymanner,asreasonablydeterminedbytheCity Manager,afternoticetotheDeveloperandanopportunity tobeheard,existingpermits shallbeadministratively suspendedandissuanceofnewpermitssuspendeduntilthe Developerhasfulfilleditsobligations.Failuretotimelyfulfillitsobligationsmayserveas abasisforterminationofthisAgreementbytheCity,atthediscretionoftheCityand afternoticeto theDeveloperand an opportunityfortheDeveloperto beheard. SECTION11. OtherTermsandConditions. Exceptin thecaseoftermination, untilten(10)yearsafterthedateofthisAgreement,theCity mayapplylawsandpolicies adoptedsubsequently totheEffectiveDateofthisAgreementiftheCityhasheldapublic hearingand determined: (a)They arenotinconflictwiththelawsandpoliciesgoverning the Agreement and do not prevent development of the land uses, intensities, ordensities in theAgreement; (b)Theyareessential to thepublichealth, safety, orwelfare, andexpressly statethatthey shallapply toadevelopmentthatissubjecttoa development agreement; (c) Theyarespecificallyanticipated and provided forin this Agreement; (d) TheCitydemonstratesthatsubstantialchangeshaveoccurredin pertinentconditionsexisting atthetimeofapprovalofthisAgreement; or (e) ThisAgreementisbasedonsubstantiallyinaccurateinformation provided bytheDeveloper SECTION12. Compliance withLaw. Thefailure ofthisAgreementtoaddress anyparticularpermit,condition,termorrestrictionshallnotrelievetheDeveloperfrom thenecessity ofcomplyingwiththelawgoverningsuchpermittingrequirements, conditions, terms orrestrictions. [GM14-1420-150/150345/1] SECTION13. Notices. Noticesandcommunicationsrequiredordesiredtobegiven underthisAgreementshallbegiventothepartiesby handdelivery,by nationally recognizedovernightcourierservicesuchasFederalExpress,orby certifiedmail,return receiptrequested,addressedasfollows(copiesasprovidedbelowshall berequiredfor propernoticeto begiven): Ifto theDeveloper:Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copyto:Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 Ifto City:CityofClearwater, CityAttorney ATTN: PamelaAkin, Esq. 112 South OsceolaAvenue Clearwater, FL33756 Properly addressed, postage prepaid, notices or communications shall be deemed deliveredandreceivedonthedayofhanddelivery,thenextbusinessdayafterdeposit withanovernightcourierservicefornextday delivery,oronthethird(3rd)day following depositinthe UnitedStatesmail,certifiedmail,returnreceiptrequested.The partiesmay change the addressessetforthabove (includingthe additionof a mortgagee toreceive copies ofall notices), bynoticein accordancewith this Section. SECTION 14.Assignments. 14.1 BytheDeveloper: 14.1.1PriortotheCommencementDate,theDevelopermay sell,convey, assignorotherwisedisposeofanyorallofitsright,title,interestandobligations inandtotheProject,orany partthereof,only withthepriorwrittennoticetothe City,providedthatsuchparty (hereinafterreferredtoasthe"assignee"),tothe extent ofthesale,conveyance,assignment orotherdisposition bytheDeveloperto theassignee,shallbeboundby thetermsofthisAgreementthesameasthe DeveloperforsuchpartoftheProjectasis subjecttosuchsale,conveyance, assignment orotherdisposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligationsinandtotheProject,orany partthereofassumesalloftheDeveloper's obligationshereunder forthe Project,or thatpartsubjecttosuchsale,conveyance, assignmentor other disposition,thenthe Developer shallbe releasedfromallsuch obligationshereunderwhichhavebeensoassumedbytheassignee,andtheCity [GM14-1420-150/150345/1] agrees to execute an instrument evidencing such release, which shall be in recordableform. 14.1.3 AnassignmentoftheProject,orany partthereof,bytheDeveloper toany corporation,limitedpartnership,limitedliability company,general partnership,orjointventure,inwhichtheDeveloper(oranentity undercommon control with Developer) has either the controlling interest or through a joint venture or other arrangementsharesequalmanagementrightsandmaintainssuch controlling interestorequalmanagementrightsshallnotbedeemedanassignment ortransfersubjecttoanyrestrictiononorapprovalsofassignmentsortransfers imposedby thisAgreement,provided,however,thatnoticeofsuchassignment shallbegivenby theDevelopertotheCity notlessthanthirty (30)dayspriorto suchassignmentbeingeffectiveandtheassigneeshallbeboundbythetermsof thisAgreementtothesameextentaswouldthe Developerintheabsenceofsuch assignment. 14.1.4 Noassignee,purchaser,sublesseeoracquirerofalloranypartof theDeveloper'srightsandobligationswithrespecttoany oneParcelshallinany waybeobligatedorresponsibleforanyoftheDeveloper'sobligationswithrespect toany otherParcelbyvirtueofthisAgreementunlessanduntilsuchassignee, purchaser,sublesseeoracquirehasexpressly assumedtheDeveloper'ssuchother obligations. 14.2 SuccessorsandAssigns.Thetermshereincontainedshallbindandinureto the benefit of the City, and its successors and assigns, and the Developer and, as applicabletothepartiescomprising Developer,theirpersonalrepresentatives,trustees, heirs, successors and assigns, except as mayotherwisebespecificallyprovided herein. SECTION15. MinorNon-Compliance.TheDeveloperwillnotbedeemedto havefailedtocomply withthetermsofthisAgreementintheeventsuchnoncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION16. CovenantofCooperation.Thepartiesshallcooperatewithand deal with each other in good faith and assist each other in the performance of the provisionsofthisAgreementandinachievingthe completionofdevelopmentofthe Property. SECTION 17. Approvals.Whenever anapprovalor consentisrequiredunder or contemplatedby thisAgreementsuchapprovalorconsentshallnotbeunreasonably withheld,delayedor conditioned.Allsuchapprovalsandconsentsshallbe requestedand granted in writing. SECTION 18.Completionof Agreement.Uponthe completionof performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation ortermination shall besigned bytheparties heretoand recordedin theofficial records oftheCity. [GM14-1420-150/150345/1] SECTION 19. EntireAgreement. This Agreement (including any and all Exhibitsattachedheretoallof whichare a partofthisAgreementtothe same extentasif suchExhibitsweresetforthinfullinthebody ofthisAgreement),constitutestheentire agreement between theparties hereto pertainingto thesubject matterhereof. SECTION20.Construction.The titles,captionsandsectionnumbersinthis Agreementareinsertedforconvenientreferenceonly anddonotdefineorlimitthescope or intent and should not be used in the interpretation of anysection, subsection or provisionof thisAgreement.Whenever the contextrequiresor permits,the singular shall include the plural, and plural shall include the singular and any reference in this Agreementtothe Developer includesthe Developer'ssuccessorsorassigns.This AgreementwastheproductionofnegotiationsbetweenrepresentativesfortheCityand the Developer andthe language of theAgreementshouldbe givenitsplainandordinary meaningandshouldnotbestrictlyconstruedagainstany partyheretobasedupon draftsmanship.Ifany termorprovisionofthisAgreementissusceptibletomorethanone interpretation,one or more of whichrender itvalidandenforceable,andone or more of whichwouldrenderitinvalidorunenforceable,suchtermor provisionshallbe construed in amannerthat would renderit valid and enforceable. SECTION21. PartialInvalidity.Ifany termorprovisionofthisAgreementor theapplicationthereoftoanypersonorcircumstanceisdeclaredinvalidorunenforceable, theremainderofthisAgreement,includingany validportionoftheinvalidtermor provision and theapplication ofsuch invalid termorprovision to circumstances otherthan thoseastowhichitisheldinvalidorunenforceable,shallnotbeaffectedtherebyand shallwiththeremainderofthisAgreementcontinueunmodifiedandin fullforceand effect.Notwithstanding theforegoing,ifsuchresponsibilitiesofany party hereto,tothe extentthatthe purpose of thisAgreementor thebenefitssoughttobe receivedhereunder arefrustrated,suchpartyshallhavetherighttoterminatethisAgreementuponfifteen (15)days written noticeto theotherparties. SECTION22. CodeAmendments.Subsequently adoptedordinancesandcodes oftheCitywhichareofgeneralapplicationnotgoverningthedevelopmentoflandshall beapplicabletotheProperty,andsuchmodificationsarespecifically anticipatedinthis Agreement. SECTION23. GoverningLaw. ThisAgreementshallbe governedby,and construed in accordancewith thelaws oftheStateofFlorida. SECTION24. Counterparts. ThisAgreementmay beexecutedincounterparts, all ofwhich togethershall continueoneand thesameinstrument. SECTION 25. Amendment. This Agreement may be amended by mutual writtenconsentoftheCity andtheDevelopersolongastheamendmentmeetsthe requirements oftheAct,applicableCityordinances, and Floridalaw. INWITNESSWHEREOF,thepartieshaveheretoexecutedthisAgreementthe dateandyearfirstabovewritten. [GM14-1420-150/150345/1] In thePresenceof:DECADE GULF COAST HOTEL PARTNERS, L.P., alimited partnership BY:J.K. GULFVIEW, LLC, a limited liability company PrintName By: Name: Title: PrintName As to “Developer” CITYOFCLEARWATER, FLORIDA Print Name: By: William BHorneII, CityManager Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney [GM14-1420-150/150345/1] STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this dayof ,2014,by________________________,as_________ofDecade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, on behalfoftheaforesaid entities. He is [ ]personally known to me or has [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: [GM14-1420-150/150345/1] EXHIBIT“A” PROJECT LEGALDESCRIPTION From the Northwesterly corner of Lot 1, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the public Records of Pinellas County, Florida; thence run North 54 deg. 25’ 30” West 55.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25’ 30” West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43in Lloyd-Whtie- Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34’ 30” West 400.00 feet to the bulkhead line; thence South 54 deg. 25’ 30” East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52’ 45” East, chord 212.21 feet; thence South 77 deg. 20’ 00” East 87,38 feet; thence North 12 deg. 40’ 00” East 351.56 feet to the Point of Beginning. [GM14-1420-150/150345/1] EXHIBIT“B” Conceptual SitePlan [GM14-1420-150/150345/1] EXHIBIT“C” COVENANTREGARDINGHURRICANEEVACUATION AndDEVELOPMENT, USEAND OPERATION DECLARATION OFCOVENANTSAND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (“Declaration”) is made as of the ____ day of ____________, 2014, by DECADE GULF COAST HOTEL PARTNERS, L.P.and J.K. GULFVIEW, LLC, (“Developer”). DeveloperistheowneroffeesimpletitletotherealpropertydescribedinSchedule1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,Florida(the"City"),hasamendeditsComprehensivePlanto designateClearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning CouncilRulesinordertoimplementtheprovisionsofBeachby Design,aplanforthe revitalization ofClearwaterBeach. ThedesignationofClearwaterBeachasaCommunity RedevelopmentDistrict(the "Designation")providesfortheallocationofHotelDensity ReserveUnitsasanincentiveforthe developmentofmid-sizequality hotels.PursuanttotheDesignation,theallocationofHotel DensityReserveUnitsissubjecttocompliancewithaseriesofperformancestandards,including arequirementthatresortscontainingahoteldevelopedwithHotelDensityReserveUnitsshall be closedandallGuestsevacuatedfromsuchhotelsassoonaspracticable after the National Hurricane Center postsahurricane watchthatincludesClearwaterBeach.The purpose of such evacuationistoensure thatsucha hotelisevacuatedinadvance of theperiodof time whena hurricaneevacuation would beexpected in advanceoftheapproach ofhurricaneforcewinds. TheCityhasgranted,byCityCouncilResolution , passedandapprovedon ,2014,Developer'sapplicationforHotelDensity ReserveUnitspursuanttothe Designation,subjecttoDeveloper'scompliance withthe requirementsofthe Designation. Developerdesiresfor itself, and itssuccessorsand assigns, asowner, to establish certain rights, duties,obligationsandresponsibilitieswithrespecttothe use andoperationof the RealProperty inaccordancewiththetermsandconditionsoftheallocationoftheHotelDensity ReserveUnits totheCityandtheDesignation,whichrights,duties,obligationsandresponsibilitiesshallbe bindingon anyandall successorsand assigns andwill run with thetitleto theReal Property. THEREFORE,inconsiderationofthecovenantsandrestrictionshereinsetforthandto be observedandperformed,andinfurther considerationof the allocationof HotelDensity ReserveUnitstoDeveloper,andothergoodandvaluableconsideration,thesufficiency ofwhich is herebyacknowledged,Developerherebydeclares, covenantsand agreesas follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefitofDeveloperanditssuccessorsandassignsandshallbeenforceablebythemandalsofor [GM14-1420-150/150345/1] thebenefitoftheresidentsoftheCity andshallbeenforceableonbehalfofsaidresidentsby the CityCouncil oftheCity. 2. CovenantofDevelopment,UseandOperation.Developerherebycovenantsand agreestothedevelopment,useandoperationoftheRealProperty inaccordancewiththe provisions ofthis Declaration. 2.1 Use. Theuseoftheresort on theReal Propertyis restricted asfollows: 2.1.1 344 units,30of whichareunitsallocatedtoDeveloperfrom the HotelDensityReserve,shallbeusedsolelyfortransientoccupancyof one monthorthirty-one(31)consecutivedaysorless,mustbelicensedasa publiclodging establishmentandclassifiedasahotel,andmustbeoperated by asinglelicensed operatorofthe hotel. No unit shall be used as a primary or permanent residence. Accesstotheunitsmustbeprovided throughalobby and internalcorridor. Areservationsystemshallbe requiredasanintegralpartof the hoteluse andthere shallbe a lobby/front deskarea thatmustbe operatedasa typicallobby/frontdeskareafora hotelwouldbeoperated. Allunitsshall berequiredtobesubmittedtoa rentalprogramrequiring theunitstobe availableformembersofthepublic asovernighthotelguestsonatransientbasis atalltimes. Nounitshall haveacompletekitchenfacility asthattermisusedin thedefinitionof “dwelling unit”intheCode. Developershallmakeavailablefor inspection to authorized representatives of the City its books and records pertainingtoeachunituponreasonablenoticetoconfirm compliancewith theseregulationsasallowedby generallaw. TheDeveloper agreesto comply withtheDesignGuidelinesassetforthinSectionVIIofBeach by Design. 2.1.2Asusedherein,the terms"transientoccupancy,""publiclodging establishment,""hotel”,and"operator"shallhavethemeaninggiventosuch terms in FloridaStatutesChapter509, PartI. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Propertyshallbeclosedassoonaspracticableupontheissuanceofahurricanewatchbythe NationalHurricane Center,whichhurricane watchincludesClearwater Beach,andallHotel guests,visitorsandemployeesotherthanemergencyandsecuritypersonnelrequiredtoprotect theresort,shallbeevacuatedfromtheHotelassoonaspracticablefollowing theissuanceofsaid hurricanewatch.IntheeventthattheNationalHurricaneCentershallmodify theterminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisionsofthisDeclarationshallbe governedbythelevelofwarningemployed bythe NationalHurricane Centerwhichprecedesthe issuance ofa forecastofprobable landfallinorder toensurethattheguests,visitorsandemployeeswillbeevacuatedinadvanceoftheissuanceof aforecast ofprobablelandfall. [GM14-1420-150/150345/1] 3 Effective Date. This Declaration shall become effective upon issuance of all building permitsrequiredtobuildtheproject("Project")andDeveloper's commencementof constructionoftheProject,asevidenceby aNoticeofCommencement fortheProject.This Declarationshallexpireandterminateautomatically ifandwhenthe allocationofReserveUnits to theDeveloperexpires oris terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed bythelaws oftheStateofFlorida. 5 Recording.ThisDeclarationshallberecordedinthechainoftitleof theReal Propertywith theClerk oftheCourts ofPinellas County, Florida. 6 Attorneys'Fees.DevelopershallreimbursetheCityforanyexpenses, including reasonableattorneys'fees,whichareincurredbytheCity intheeventthatthe City determines thatitisnecessary andappropriatetoseekjudicialenforcementofthis DeclarationandtheCity obtainsrelief,whetherby agreementofthepartiesorthrough orderofacourtofcompetent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the applicationofthisDeclarationtoanypersonorcircumstancewillbeoris declaredtoanyextent tobe invalidor unenforceable,the remainder ofthisDeclaration,or the applicationof such provisionorportionthereoftoanypersonorcircumstance,shall notbeaffectedthereby,and eachandevery otherprovisionofthisDeclarationshallbe validandenforceabletothefullest extent permitted bylaw. INWITNESSWHEREOF, Developerhas causedthis Declaration to beexecuted this dayof , 2014. In thePresenceof:DECADE GULF COAST HOTEL PARTNERS, L.P. , alimited partnership BY:J.K. GULFVIEW, LLC, a limited liability company PrintName PrintName As to “Developer” By: Name: Title [GM14-1420-150/150345/1] CITYOFCLEARWATER, FLORIDA Print Name: CityManager By: William BHomeII, Print Name As to “City” Attest: RosemarieCall, CMC, CityClerk Countersigned: GeorgeN. Cretekos, Mayor Approved as toForm: Assistant CityAttorney STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by ________________________,as_________ofDecade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, on behalfoftheaforesaid entities. Heis [ ] personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: [GM14-1420-150/150345/1] SCHEDULE “A” From the Northwesterly corner of Lot 1, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the public Records of Pinellas County, Florida; thence run North 54 deg. 25’ 30” West 55.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25’ 30” West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43in Lloyd-Whtie-Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34’ 30” West 400.00 feet to the bulkhead line; thence South 54 deg. 25’ 30” East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52’ 45” East, chord 212.21 feet; thence South 77 deg. 20’ 00” East 87,38 feet; thence North 12 deg. 40’ 00” East 351.56 feet to the Point of Beginning. [GM14-1420-150/150345/1] EXHIBIT“D” COVENANTOFUNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANTOFUNIFIED USE THISCOVENANTOFUNIFIEDUSE(the"Covenant")isexecutedthis dayof , 2014, by (“Developer"). WITNESSETH: WHEREAS,DeveloperistheowneroftherealpropertylegallydescribedonSchedule "A"attached hereto and incorporated herein byreference(the"Real Property"); and WHEREAS,DeveloperandtheCityofClearwater,Florida(the"City")arepartiestothat certain Hotel Density Reserve Development Agreement dated , 201 (the "Agreement"),pursuanttowhichtheCityhasagreedthatDevelopermaydevelopandconstruct upon theReal Propertyahotel project as describedin theAgreement(the"Project"); and WHEREAS,DeveloperintendstodevelopandoperatetheRealPropertyforaunified use, as moreparticularlydescribed in this Covenant. NOW,THEREFORE,inconsiderationofthesumofTenDollars($10.00)andother goodandvaluableconsideration,thereceiptandsufficiency ofwhicharehereby acknowledged, Developerdoesherebyagreethat,effectiveasofthedateonwhichDeveloperreceivesall permitsrequiredtoconstructthe ProjectandDevelopercommencesconstructionthereof,as evidencedbyaNoticeofCommencementfortheProject,thenew hotel projectshallbe developed andoperatedasalimited-servicehotelproject,asdescribedintheAgreement.The restrictions setforthintheprecedingsentenceshallexpireautomatically whenandifDeveloper's allocation ofadditionalhotelunits(asdefinedintheAgreement)expiresoristerminated. Nothing inthis AgreementshallrequireDevelopertodevelopthenew hotel projectorrestrict Developer'sability tosell, assign,transferorotherwiseconveyitsrightinandtotheReal Propertyoranyportionor portionsthereoftounrelatedthird-parties.Developeragreesthatthe City shallhavetherightto enforcethetermsand conditions ofthis Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. [GM14-1420-150/150345/1] INWITNESSWHEREOF,DeveloperhascausedthisAgreementtobe executed this ___dayof _________, 2014. In thePresenceof:DECADE GULF COAST HOTEL PARTNERS, L.P. , alimited partnership BY:J.K. GULFVIEW, LLC, a limited liability company PrintName PrintName As to “Developer” By: Name: Title CITY OF CLEARWATER,FLORIDA By: Print Name:William BHomeII, CityManager Print Name As to “City” Attest: _____________________________ Rosemarie Call, City Clearwater Approved as to Form: _____________________________ Pamela K. Akin, City Attorney [GM14-1420-150/150345/1] STATE OFFLORIDA COUNTY OFPINELLAS The foregoing Declaration was acknowledged before me this day of ,2014,by ________________________,as_________ofDecade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, on behalfoftheaforesaid entities. Heis [ ]personallyknown to meorhas [ ]produced as identification. Print: NotaryPublic–StateofFlorida MyCommission Expires: [GM14-1420-150/150345/1] SCHEDULE “A” From the Northwesterly corner of Lot 1, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the public Records of Pinellas County, Florida; thence run North 54 deg. 25’ 30” West 55.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25’ 30” West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43in Lloyd-Whtie- Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34’ 30” West 400.00 feet to the bulkhead line; thence South 54 deg. 25’ 30” East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52’ 45” East, chord 212.21 feet; thence South 77 deg. 20’ 00” East 87,38 feet; thence North 12 deg. 40’ 00” East 351.56 feet to the Point of Beginning. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2014-04008 Agenda Date: 6/16/2014 Status: Public HearingVersion: 3 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 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 1234 Palm Street located on the north side of Palm Street, approximately 550 feet east of Douglas Avenue; and pass Ordinances 8567-14, 8568-14 and 8569-14 on first reading. (ANX2014-04008) SUMMARY: This voluntary annexation petition involves a 0.141-acre property consisting of one parcel of land occupied by a single -family dwelling. It is located on the north side of Palm Street , approximately 550 feet east of Douglas Avenue. The applicant is 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 property is contiguous to existing city boundaries to the east. It is proposed that the property 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 property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is 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 the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. 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 objectives of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 6/17/2014 File Number: ANX2014-04008 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 . 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 the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements . The proposed annexation is therefore 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 east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 6/17/2014 Ordinance No. 8567-14 ORDINANCE NO. 8567-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET, APPROXIMATELY 550 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 30, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1234 PALM STREET, 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 30, Block A, CLEARDUN subdivision, according to the map or plat thereof, as recorded in the Plat Book 13, Page 47, Public Records of Pinellas County, Florida. (ANX2014-04008) 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. 8567-14 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: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - Ordinance No. 8568-14 ORDINANCE NO. 8568-14 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 PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET, APPROXIMATELY 550 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 30, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1234 PALM STREET, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 30, Block A, CLEARDUN subdivision, according to the map or plat thereof, as recorded in the Plat Book 13, Page 47, Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2014-04008) 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. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8567-14. PASSED ON FIRST READING 2 Ordinance No. 8568--14 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: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN RU RU RU RU RU RU PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 2031 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 4 5 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - RU Ordinance No. 8569-14 ORDINANCE NO. 8569-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET, APPROXIMATELY 550 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 30, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1234 PALM STREET, 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 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. 8567-14. PASSED ON FIRST READING Property Zoning District Lot 30, Block A, CLEARDUN subdivision, according to the map or plat thereof, as recorded in the Plat Book 13, Page 47, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2014-04008) 2 Ordinance No. 8569-14 PASSED ON SECOND AND FINAL READING AND ADOPTED Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Exhibit A Zoning Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE LMDR 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Location Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B [ PROJECT SITE DUNEDIN -N o t t o S c a l e - -N o t a S u r v e y - Aerial Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B DUNEDIN PALM ST PALM ST UNION ST UNION ST IDLEWILD DR IDLEWILD DR BERMUDA ST BERMUDA ST BETTY LN BETTY LN DOUGL AS AVE DOUGLAS AVE -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -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: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN RU RU RU RU RU RU PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 2031 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 4 5 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - RU Zoning Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE LMDR 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Existing Surrounding Uses Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 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 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 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 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 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 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -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 View looking north at the subject property1234 Palm StreetAcross the street, to the south of the subject property East of the subject propertyWest of the subject property ANX2014-01002 JantakenNinrat 1234 Palm Street View looking easterly along Palm StreetView looking westerly along Palm Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8571-14 Agenda Date: 6/16/2014 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at midyear and pass Ordinances 8571-14 and 8572-14 on first reading. SUMMARY: The fiscal year 2013/14 Operating and Capital Improvement Budgets were adopted in September 2013 by Ordinances 8476-13 and 8477-13. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Staff has provided a memorandum and an accompanying report that outline the issues at midyear requiring amendment. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/17/2014 Mid Year Budget Review Fiscal 2013-14 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: June 5, 2014 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2013 through March, 2014) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $751,435. The major reason for the overall General Fund expenditure increase is the appropriation of General Fund retained earnings at mid year which include the following: $262,500 to fund the Economic Development Incentives project, $40,000 to fund the Airpark Hangar Rehabilitation project, and $100,000 to fund outside council hired by the City Attorney’s Office; all of which were previously approved by the Council. Other major increases to General Fund expenditures include increases totaling $172,450 to personal services in the Fire and Parks and Recreation departments to fund retirement and leave payouts; an increase of $50,000 to overtime in the Fire Department for staffing at Phillies/Threshers games; an increase of $30,000 in the Fire Department to replace damaged equipment on Engine 51; and an increase of $75,000 to inventory purchases for resale at Pier 60. In addition, enhanced revenues are recognized at first quarter which offset expenditure increases listed above. These include: an increase of $96,000 to Pier 60 revenues, an increase of $35,000 to Fire Tax Revenue, an increase of $80,000 to miscellaneous Fire revenue which represent an insurance settlement and reimbursement revenue from the Phillies, and an allocation of General Fund retained earnings of $57,450 to fund retirement payouts in Parks and Recreation. With excess revenues estimated at $15,000 for the Pier 60 Program, the net transfer from General Fund retained earnings is approximately $449,950 at mid year. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Mid Year Budget Review Fiscal 2013-14 City Manager's Transmittal With the closing of the year-end 2013 books, and the allocation of reserves noted above, estimated General Fund reserves at first quarter are approximately $20.3 million, or 17.7% of the current year’s General Fund budget, exceeding our reserve policy by $10.5 million. Significant amendments to other City Operating Funds are noted as follows. Stormwater Fund Mid year amendments to the Stormwater Fund reflect an allocation of $42,710 in Stormwater Fund retained earnings to fund the roof repairs necessary at the Public Services Complex, as previously approved by the Council. Gas Fund Budget amendments to the Gas Fund expenditures reflect a net increase of $751,778. This increase is primarily the result of increases to various operating expenditures including; resale purchases, fuel, operating supplies, equipment repairs, professional services, increases in internal costs for maintenance of vehicles, and small capital purchases. All Gas Fund expenditure increases are offset by enhanced revenue amendments which more than offset the balance of the proposed budget increases. Solid Waste Fund Budget amendments to the Solid Waste Fund expenditures reflect a net increase of $22,000. Amendments include an increase of $150,000 to contractual services to rebuild two automated side loaders as previously approved by Council and an increase of $27,000 to garage services; these increases are offset by a decrease of $150,000 to dump fees and $5,000 to electrical charges. Fiscal year revenues of the Solid Waste Fund more than offset these proposed budget increases. Recycling Fund Budget amendments to the Recycling Fund expenditures reflect a net decrease of $69,500 which represent reductions to garage charges and electrical utility charges, offset by a small increase in postal charges. Revenue amendments represent a decrease of $215,000 in the sale of recyclables due to the lower priced sales of single stream commodity, a $5,000 decrease to interest earnings, and an increase of $35,000 to recycling fees. An amendment recognizing the allocation of $115,500 in Recycling Fund retained earnings is reflected to bring the Recycling Fund in balance at mid year Marine Fund Mid year amendments to the Marine Fund reflect an allocation of $24,570 in Marine Fund retained earnings to fund the retirement payout of a long term employee. Airpark Fund Mid year amendments to the Airpark Fund reflect an increase of $9,000 to gas, water and solid waste charges due to higher than expected utility costs. This expenditure is offset by Airpark operating revenues. Garage Fund Mid year amendments to the Garage Fund reflect an allocation of $94,859 in Garage Fund retained earnings to fund the construction of a microwave link from the Police Department to the main radio tower, as previously approved by the Council. Mid Year Budget Review Fiscal 2013-14 City Manager's Transmittal Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect an increase of $2,723,088. This increase is primarily a result of the following amendments: an increase to the Bicycle Path/Bridges project representing $750,000 in Sales Tax Infrastructure reallocated from fiscal year 2015/16 planned funding and $78,000 in Recreation Land Impact fees, an increase representing other governmental revenue from Safety Harbor for reimbursement in the WWTP Screw Pump Replacement project for $738,212; an increase of $500,000 representing grant funding for the Capitol Theatre project; an increase of $400,000 in grant funding from FDOT and $100,00 in Sales Tax Infrastructure to the Rehabilitation of Airpark Hangar “D” project; and an increase of $160,000 in grant funding from the FDOT and $40,000 transferred from General Fund reserves to the Airpark Hangar Rehabilitation project. All major project budget increases listed above have been previously approved by Council and are also summarized on page 18. Special Program Fund The Special Program Fund reflects a net budget increase of $1,310,866 at mid year. Amendments include an allocation of General Fund reserves of $262,500 to fund Economic Incentives program which was previously approved by the Council. Other significant amendments include the recognition of over $51,000 in grant proceeds supporting programs for the Tactical Headset System, Pedestrian Bicycle Safety Project, Investigative Recovery Costs, and Federal Forfeiture Sharing; over $613,000 for the special events and sponsorships programs in the last three months; over $144,000 in fines and court proceeds to support public safety programs; and over $232,000 in revenues for police outside duty contractual services. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2013/14 2013/14 FY 13/14 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 114,923,880 116,560,524 67,644,518 68,509,515 864,997 1%751,435 117,311,958 Expenditures 114,923,880 116,560,524 67,674,674 65,693,237 1,981,437 3%751,435 117,311,958 Utility Funds: Water & Sewer Fund Revenues 69,216,770 69,299,890 34,392,292 33,861,731 (530,561) -2%- 69,299,890 Expenditures 67,727,960 67,811,080 39,310,611 37,748,947 1,561,664 4%- 67,811,080 Stormwater Fund Revenues 16,730,140 16,755,610 8,369,700 8,541,573 171,873 2%42,710 16,798,320 Expenditures 16,156,510 16,181,980 10,910,791 10,296,581 614,210 6%42,710 16,224,690 Gas Fund Revenues 41,051,450 42,577,360 21,879,106 22,422,268 543,162 2%925,000 43,502,360 Expenditures 36,089,850 37,565,982 22,625,539 22,150,864 474,675 2%751,778 38,317,760 Solid Waste Fund Revenues 19,600,100 19,650,610 9,869,458 10,181,830 312,372 3%180,000 19,830,610 Expenditures 18,971,240 19,118,250 10,410,900 9,986,117 424,783 4%22,000 19,140,250 Recycling Fund Revenues 2,993,950 3,158,730 1,433,082 1,282,665 (150,417) -10%(69,500) 3,089,230 Expenditures 2,993,950 3,158,730 1,788,441 1,583,769 204,672 11%(69,500) 3,089,230 Enterprise Funds: Marine Fund Revenues 4,676,270 4,682,020 1,991,586 1,834,382 (157,204) -8%24,570 4,706,590 Expenditures 4,488,090 4,493,840 2,015,877 1,894,209 121,668 6%24,570 4,518,410 Airpark Fund Revenues 260,000 260,430 130,430 132,292 1,862 1%2,000 262,430 Expenditures 183,100 183,530 100,407 104,522 (4,115) -4%9,000 192,530 Clearwater Harbor Marina Fund Revenues 563,200 564,620 312,016 366,958 54,942 18%- 564,620 Expenditures 503,230 504,650 271,002 249,231 21,771 8%- 504,650 Parking Fund Revenues 4,630,000 4,689,680 2,091,010 2,039,067 (51,943) -2%- 4,689,680 Expenditures 4,137,250 4,200,480 2,326,483 2,150,743 175,740 8%- 4,200,480 Harborview Center Revenues 48,250 48,250 24,126 29,399 5,273 22%- 48,250 Expenditures 38,280 38,280 19,642 14,448 5,194 26%- 38,280 Internal Service Funds: General Services Fund Revenues 4,712,510 4,733,380 2,376,932 2,408,535 31,603 1%(13,340) 4,720,040 Expenditures 4,612,240 4,633,110 2,516,943 2,409,032 107,911 4%(13,340) 4,619,770 Administrative Services Revenues 10,239,200 10,275,380 4,892,286 4,853,106 (39,180) -1%- 10,275,380 Expenditures 10,101,630 10,137,810 5,835,823 5,350,094 485,729 8%- 10,137,810 Garage Fund Revenues 13,540,500 13,556,870 6,763,322 6,237,730 (525,592) -8%94,859 13,651,729 Expenditures 13,540,500 13,556,870 7,024,130 6,167,712 856,418 12%94,859 13,651,729 Central Insurance Fund Revenues 22,158,160 23,724,160 11,173,326 10,497,692 (675,634) -6%- 23,724,160 Expenditures 22,158,160 23,724,160 12,686,892 8,049,166 4,637,726 37%- 23,724,160 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2013-14 REPORT PAGE # General Fund Operating Budget .................................................................................................................. 3 Utility Funds Operating Budget ..................................................................................................................... 8 Other Enterprise Funds Operating Budgets .............................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................................ 15 Capital Improvement Program Budget ....................................................................................................... 18 Special Program Fund Budget.................................................................................................................... 27 Special Development Funds ....................................................................................................................... 32 Administrative Change Orders .................................................................................................................... 35 Ordinances .................................................................................................................................................. 37 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2013 through March 31, 2014. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2014. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 19, 2013. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Mid Year Actual Self-explanatory. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 2 Capital Improvement Projects The amended 2013/14 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2013, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description At mid year,the revenue category of Local Option,Fuel and Other Taxes reflects a 28%negative variance primarily related to the timing of Communication Services Tax collections. Adjusting for timing,and a prior year adjustment received from the DOR audit,revenues received to date are 15%less than expected for the year and 3%less than the prior year.No amendment is proposed until additional months of receipts are available for review. Franchise Fee At mid year,franchise fee revenues reflect an 11%negative variance primarily related to the Progress Energy fee. Revenues received for the first four periods of the year are 16%less than expected due to mild winter weather patterns. No amendment is proposed until additional months of receipts are available for review. Intergovernmental Other Intergovernmental 44,445 At mid year,amendments to Other Governmental revenue reflect an increase of $9,444.60 in reimbursements from the Department of Treasury supporting the Joint Terrorism Task Force,Drug Enforcement Agency and purchase of bullet proof vests and equipment which offset expenditure increases in the Police Department.A second amendment reflects an increase of $35,000 in Fire Tax revenue which offset expenditure increases in the Fire Department for retirement and leave payouts. Charges for Service 116,000 At mid year,Charges for Service revenue reflect a net increase of $116,000.Amendments include:1)an increase of $80,000 to Fire Inspection Fee revenue which offset expenditure increases in the Fire department for retirement and leave payouts;2)a decrease of $60,000 in Parks and Recreation rental fees;and 3)an increase of $96,000 to Pier 60 revenues which include fishing admissions,rod rental and concession souvenirs which offset expenditure increases in the Marine and Aviation Pier 60 program. City of Clearwater General Fund Revenues Mid Year Amendments FY 2013/14 Local Option, Fuel and Other Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2013/14 Miscellaneous 146,040 Mid year amendments to miscellaneous revenues reflect a net increase of $146,040.Amendments include:1)an increase of $60,000 to South Beach Pavilion umbrella revenue due to higher than expected receipts;2)an increase of $80,000 to miscellaneous Fire revenue which represents reimbursement from the Phillies and an insurance settlement. This increase will offset expenditure increases in the Fire department for overtime for coverage at Phillies/Threshers games and replacement of damaged supplies;and 3)an increase of $6,040 in reimbursements from CMA which offset an increase in expenditures in the City Attorney's office. Mid year amendments reflect a net appropriation of $444,950 from General Fund retained earnings.Amendments represent the following allocations: 262,500 1)An appropriation of $262,500 from retained earnings to special program project 181-99744,Economic Development Incentives as approved by the Council on March 6, 2014. 40,000 2)An appropriation of $40,000 from retained earnings to fund capital project 315-94881,Airpark Hangar Rehabilitation, as approved by Council on May 1, 2014. 100,000 3)An appropriation of $100,000 from retained earnings to fund outside council for an unexpected,high liability lawsuit as approved by the Council on May 15, 2014. 57,450 4)An appropriation of $57,450 from retained earnings to fund the retirement payouts of three long term Parks and Recreation employees. (15,000) 5)A revenue surplus of $15,000 is recognized at mid year representing excess in revenues over expenditures for the Pier 60 program. 444,950 751,435 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description 106,040 Mid year amendments to the City Attorney's Office reflect an increase of $6,040 to professional services for the use of outside council which is offset by a revenue amendment recognizing reimbursement revenue from Clearwater Marine Aquarium.A second amendment reflects an increase of $100,000 to professional services to fund outside council for an unexpected high liability lawsuit.This increase is offset by an allocation of General Fund retained earnings as approved by the Council on May 15, 2014. 195,000 Mid year amendment to the Fire department reflect a net increase of $195,000.Amendments include:1)an increase to overtime for $50,000 for staffing at Phillies/Threshers baseball games,which is offset by a revenue amendment recognizing reimbursement from the Phillies;2)an increase of $30,000 to operating equipment for replacement of damaged equipment on Engine 51,which is offset by a revenue adjustment recognizing the insurance settlement for property damage;and 3)an increase of $115,000 to personal services to fund leave payouts for retirement and resignations of eight employees.This increase is offset by revenue amendments recognizing increases to Fire revenues. 81,000 Mid year amendments to Pier 60 expenditures reflect an increase of $75,000 to inventory purchases for resale;an increase of $3,000 to other charges for credit card fees;and an increase of $3,000 to operating supplies for shelving for new items.This increase is offset by amendments recognizing increased Pier 60 revenues. 57,450 Mid year amendments to Parks and Recreation expenditures recognize an increase of $57,450 to personal services to fund retirement payouts of three long term employees.This expenditure is offset by a revenue amendment recognizing an allocation of General Fund reserves. City of Clearwater General Fund Expenditures Mid Year Amendments FY 2013/14 City Attorney's Office Parks & Recreation Fire Marine & Aviation 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Mid Year Amendments FY 2013/14 9,445 Mid year amendments to the Police Department reflect a net increase of $9,444.60.Amendments include:1)an increase to overtime by $8,596.06 which is offset by revenue amendments recognizing the reimbursements received for overtime from the Department of Treasury,FBI and the DEA (US Department of Justice,Drug Enforcement Agency);2)an increase to uniforms by $269.54 which is offset by revenue amendments recognizing reimbursement received from the Department of Treasury for bullet proof vests;and 3)an increase to travel by $579.00 which is offset by revenue amendments recognizing reimbursements from the FDLE. Non-Departmental The budget amendment reflects the following City Council approved interfund transfers of $302,500 at mid year: 262,500 1)A transfer of $262,500 from General Fund unappropriated retained earnings to fund special program project 188-99744, Economic Development Incentives;as approved by the Council on March 6, 2014. 40,000 2)A transfer of $40,000 from General Fund unappropriated retained earnings to fund capital project 315-94881,Airpark Hangar Rehabilitation to fund the cash match for the project as approved by the Council on May 1, 2014. 302,500 751,435 Net General Fund Expenditure Amendment Police 6 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Ad Valorem Taxes 36,453,700 32,220,500 33,175,151 954,651 3%- 36,453,700 Utility Taxes 13,588,250 5,575,530 5,901,066 325,536 6%- 13,588,250 Local Option, Fuel & Other Taxes 8,260,650 3,052,700 2,200,217 (852,483) -28%- 8,260,650 Franchise Fees 10,163,930 4,283,964 3,798,169 (485,795) -11%- 10,163,930 Other Permits & Fees 1,985,700 992,850 1,334,793 341,943 34%- 1,985,700 Intergovernmental 19,083,109 7,744,404 8,627,376 882,972 11%44,445 19,127,553 Charges for Services 13,777,260 6,454,762 6,442,948 (11,814) 0%116,000 13,893,260 Judgetments, Fines & Forfeitures 996,150 487,489 467,777 (19,712) -4%- 996,150 Miscellaneous Revenues 1,521,370 601,944 823,819 221,875 37%146,040 1,667,410 Transfers In 9,205,292 6,128,682 5,738,199 (390,483) -6%- 9,205,292 OPERATING REVENUES 115,035,411 67,542,825 68,509,515 966,690 1%306,485 115,341,895 Transfer (to) from Surplus 1,525,113 101,693 - (101,693) -100%444,950 1,970,063 TOTAL REVENUES 116,560,524 67,644,518 68,509,515 864,997 1%751,435 117,311,958 GENERAL FUND EXPENDITURES City Council 280,130 161,428 138,570 22,858 14%- 280,130 City Manager's Office 1,079,302 517,699 547,169 (29,470) -6%- 1,079,302 City Attorney's Office 1,598,560 830,398 794,599 35,799 4%106,040 1,704,600 City Auditor's Office 199,620 116,689 116,898 (209) 0%- 199,620 Economic Development & Housing 1,366,170 851,248 805,534 45,714 5%- 1,366,170 Engineering 7,615,570 4,036,198 3,833,476 202,722 5%- 7,615,570 Finance 2,172,930 1,229,336 1,150,265 79,071 6%- 2,172,930 Fire 24,038,180 14,120,894 14,022,573 98,321 1%195,000 24,233,180 Human Resources 1,140,218 674,361 565,819 108,542 16%- 1,140,218 Library 5,986,390 3,536,369 3,411,657 124,712 4%- 5,986,390 Marine & Aviation 769,400 448,630 400,134 48,496 11%81,000 850,400 Non-Departmental 4,931,722 3,650,674 3,622,155 28,519 1%302,500 5,234,222 Office of Management & Budget 313,970 184,487 184,919 (432) 0%- 313,970 Official Records & Legislative Svcs 1,204,660 754,061 629,359 124,702 17%- 1,204,660 Parks & Recreation 21,306,682 11,937,459 11,549,899 387,560 3%57,450 21,364,132 Planning & Development 4,871,720 2,749,748 2,635,563 114,185 4%- 4,871,720 Police 36,510,039 21,233,157 20,692,211 540,947 3%9,445 36,519,484 Public Communications 931,250 519,825 479,557 40,268 8%- 931,250 Public Utilities 244,010 122,012 112,879 9,133 7%- 244,010 Allocation to GF Reserve - - - - ~- - TOTAL EXPENDITURES 116,560,524 67,674,674 65,693,237 1,981,437 3%751,435 117,311,958 For Six Month Period of October 1, 2013- March 31, 2014 GENERAL FUND MID YEAR REVIEW 7 Increase/ (Decrease)Description Water & Sewer Fund At mid year, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $1,488,810 for fiscal year 2013/14. Revenues: No amendments are proposed to Water and Sewer fund revenues at mid year. Expenditures: No amendments are proposed to Water and Sewer fund expenditures at mid year. Stormwater Fund At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $573,630 for fiscal year 2013/14. Revenues:42,710 Mid year revenues in the Stormwater Fund reflect an allocation of $42,710.47 in Stormwater Fund retained earnings to fund roof repairs at the Public Services Complex as approved by the Council on May 1, 2014. Expenditures:42,710 Mid year expenditures in the Stormwater Fund reflect a transfer of $42,710.47 of Stormwater Fund retained earnings to capital project 315-94512, Roof Repairs as approved by the Council on May 1, 2014. Gas Fund At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $5,184,600 for fiscal year 2013/14. Revenues:925,000 Mid year revenues in the Gas Fund reflect a net increase of $925,000.Amendments include:1)an increase of $460,000 in PGA Recovery;2)an increase of $210,000 in ECA Recovery;3)an increase of $205,000 in UIA Recovery;4)an increase of $50,000 appliance sales;5)an increase of $20,000 in NGV revenue;6)an increase of $20,000 in Material Service revenue;7)a decrease of $60,000 in LP NFE Revenue;and 8)other increases and decreases to various revenue codes that net to an increase of $20,000. Expenditures:751,778 Mid year expenditures in the Gas Fund reflect an net increase of $751,778.Amendments include:1)an increase of $38,193 to personal services due to an emergency hire and promotions 2)an increase of $677,485 to operating expenditures which include increases in resale purchases,fuel,operating supplies,equipment repairs,professional services,taxes and training;3)an increase of $16,100 to internal service charges for increases in garage charges;and 4)an increase of $20,000 to capital expenditures for the purchase of four crimpers for emergency repairs. City of Clearwater Utility Funds Mid Year Amendments FY 2013/14 8 Increase/ (Decrease)Description City of Clearwater Utility Funds Mid Year Amendments FY 2013/14 Solid Waste Fund At mid year, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $690,360 for fiscal year 2013/14. Revenues:180,000 Mid year revenues in the Solid Waste Fund reflect a net increase of $180,000.Amendments include $100,000 to Solid Waste collection charge revenue due to better than anticipated performance;an increase of $25,000 to contractor collection fees due to increased revenue from private haulers;an increase of $40,000 in interest earnings due to better than anticipated performance;and an increase of $15,000 in other general revenue to bring the budget in line with actual and projected receipts. Expenditures:22,000 Mid year expenditures in the Solid Waste Fund reflect a net increase of $22,000.Amendments include an increase of $150,000 in contractual services to rebuild two automated side loaders as approved by the Council on May 1,2014,and an increase of $27,000 to garage services due to higher than expected costs for vehicle repairs.These increases are offset by decreases of $150,000 to dump fees, and $5,000 electric utility charges. Recycling Fund At mid year, anticipated revenues of the Recycling Fund equal anticipated expenditures for fiscal year 2013/14. Revenues:(69,500) Mid year revenues in the Recycling Fund reflect a net decrease of $69,500.Amendments include:1)an increase of $35,000 to recycling fees;2)a decrease of $215,000 in sale of recyclables due to lower priced sale of single stream commodity;3)a decrease of $5,000 to interest earnings;and 4)an allocation of $115,500 in Recycling Fund retained earnings to balance the budget at mid year. Expenditures (69,500) Mid year expenditures in the Recycling Fund reflect a net decrease of $69,500.Amendments include:1)a decrease of $70,500 in garage charges,2)a decrease of $4,000 in electrical utility charges;and 3)an increase of $5,000 in postal service. 9 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Charges for Service 67,463,340 33,731,670 33,117,221 (614,449) -2%- 67,463,340 Judgements, Fines and Forfeits 271,000 135,498 146,255 10,757 8%- 271,000 Miscellaneous 1,482,430 442,004 515,135 73,131 17%- 1,482,430 Transfers In 83,120 83,120 83,120 - 0%- 83,120 Fund Equity - - - - ~- - Total Revenues 69,299,890 34,392,292 33,861,731 (530,561) -2%- 69,299,890 Water & Sewer Fund Expenditures Public Utilities Administration 960,280 504,321 474,780 29,541 6%- 960,280 Wastewater Collection 5,503,280 3,437,877 3,351,247 86,630 3%- 5,503,280 Public Utilities Maintenance 3,435,530 1,893,262 1,778,855 114,407 6%- 3,435,530 WPC / Plant Operations 18,390,690 11,453,868 9,774,333 1,679,535 15%- 18,390,690 WPC / Laboratory Operations 1,323,470 701,552 649,675 51,877 7%- 1,323,470 WPC / Industrial Pretreatment 871,300 470,616 363,367 107,249 23%- 871,300 Water Distribution 10,910,890 7,473,415 7,240,184 233,231 3%- 10,910,890 Water Supply 10,151,380 5,149,684 6,012,437 (862,753) -17%- 10,151,380 Reclaimed Water 2,393,540 1,290,658 1,165,935 124,723 10%- 2,393,540 Non-Departmental 13,870,720 6,935,358 6,938,133 (2,775) 0%- 13,870,720 Total Expenditures 67,811,080 39,310,611 37,748,947 1,561,664 4%- 67,811,080 STORMWATER FUND Stormwater Utility Revenues Charges for Service 16,474,550 8,237,280 8,337,163 99,883 1%- 16,474,550 Judgements, Fines and Forfeits 50,000 25,002 37,389 12,387 50%- 50,000 Miscellaneous 205,590 81,948 141,551 59,603 73%- 205,590 Transfers In 25,470 25,470 25,470 - 0%- 25,470 Fund Equity - - - - ~42,710 42,710 Total Revenues 16,755,610 8,369,700 8,541,573 171,873 2%42,710 16,798,320 Stormwater Utility Expenditures Stormwater Management 10,077,080 7,658,163 7,364,972 293,191 4%42,710 10,119,790 Stormwater Maintenance 6,104,900 3,252,628 2,931,609 321,019 10%- 6,104,900 Total Expenditures 16,181,980 10,910,791 10,296,581 614,210 6%42,710 16,224,690 GAS FUND Gas Fund Revenues Charges for Service 38,774,250 21,207,676 21,732,782 525,106 2%918,000 39,692,250 Judgements, Fines and Forfeits 150,000 75,000 71,422 (3,578) -5%- 150,000 Miscellaneous 949,200 517,602 539,236 21,634 4%7,000 956,200 Transfers In 78,828 78,828 78,828 - 0%- 78,828 Fund Equity 2,625,082 - - - ~- 2,625,082 Total Revenues 42,577,360 21,879,106 22,422,268 543,162 2%925,000 43,502,360 Gas Fund Expenditures Administration & Supply 23,881,686 13,063,144 12,672,084 391,060 3%144,750 24,026,436 South Area Gas Operations 7,323,440 5,150,865 5,091,932 58,933 1%302,008 7,625,448 North Area Gas Operations 2,484,750 1,752,166 1,732,311 19,855 1%284,720 2,769,470 Marketing & Sales 3,876,106 2,659,364 2,654,537 4,827 0%20,300 3,896,406 Total Expenditures 37,565,982 22,625,539 22,150,864 474,675 2%751,778 38,317,760 For the Six Month Period of October 1, 2013 to March 31, 2014 UTILITY FUNDS MID YEAR REVIEW 10 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2013 to March 31, 2014 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE FUND Solid Waste Revenues Other Permits and Fees 1,000 498 1,019 521 105%- 1,000 Charges for Service 18,960,000 9,480,000 9,757,129 277,129 3%125,000 19,085,000 Judgements, Fines and Forfeits 85,100 42,546 43,005 459 1%- 85,100 Miscellaneous 554,000 295,904 330,167 34,263 12%55,000 609,000 Transfers In 50,510 50,510 50,510 - 0%- 50,510 Fund Equity - - - - ~- - Total Revenues 19,650,610 9,869,458 10,181,830 312,372 3%180,000 19,830,610 Solid Waste Expenditures Collection 15,735,100 8,529,385 8,118,604 410,781 5%(30,000) 15,705,100 Transfer 1,554,740 889,186 920,629 (31,443) -4%52,000 1,606,740 Container Maintenance 848,650 469,432 434,542 34,890 7%- 848,650 Administration 979,760 522,897 512,341 10,556 2%- 979,760 Total Expenditures 19,118,250 10,410,900 9,986,117 424,783 4%22,000 19,140,250 RECYCLING FUND Recycling Revenues Other Permits and Fees 350 174 288 114 66%- 350 Intergovernmental 83,100 83,100 - (83,100) -100%- 83,100 Charges for Service 1,947,000 979,500 1,001,508 22,008 2%35,000 1,982,000 Judgements, Fines and Forfeits 7,500 3,750 3,919 169 5%- 7,500 Miscellaneous 745,550 356,778 267,170 (89,608) -25%(220,000) 525,550 Transfers In 9,780 9,780 9,780 - 0%- 9,780 Fund Equity 365,450 - - - ~115,500 480,950 Total Revenues 3,158,730 1,433,082 1,282,665 (150,417) -10%(69,500) 3,089,230 Recycling Expenditures Residential 1,282,580 685,369 650,052 35,317 5%(40,000) 1,242,580 Multi-Family 400,160 226,233 184,259 41,975 19%(5,000) 395,160 Commercial 1,475,990 876,839 749,458 127,381 15%(24,500) 1,451,490 Total Expenditures 3,158,730 1,788,441 1,583,769 204,672 11%(69,500) 3,089,230 11 Increase/ (Decrease)Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $188,180 at mid year fiscal year 2013/14. Revenues:24,570 Mid year revenues in the Marine Fund reflect an allocation of $24,570 in Marine Fund retained earnings to fund the retirement pay out of the Administrative Analyst. Expenditures:24,570 Mid year expenditures in the Marine Fund reflect an increase of $24,570 to personal service to fund the retirement payout of the Administrative Analyst.This increase is offset by a revenue amendment recognizing the use of Marine Fund retained earnings. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina fund exceed anticipated expenditures by $59,970 at mid year fiscal year 2013/14. Revenues: No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Expenditures: No amendments are proposed to Clearwater Harbor Marina Fund expenditures at mid year. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $69,900 at mid year fiscal year 2013/14. Revenues:2,000 Mid year revenues in the Airpark Fund reflect an increase of $2,000 to Airpark rental revenue to bring the budget in line with actual receipts estimated for the remaining months of the year. Expenditures:9,000 Mid year expenditures in the Airpark Fund reflect an increase of $9,000 to gas,water and solid waste charges due to higher than anticipated utility charges.This expenditure increase will be offset by Airpark operating revenues. Parking Fund At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $489,200 for fiscal year 2013/14. Revenues: No amendments are proposed to Parking Fund revenues at mid year. Expenditures: No amendments are proposed to Parking Fund expenditures at mid year. Harborview Fund Anticipated revenues of the Harborview Fund exceed anticipated expenditures by $9,970 at mid year fiscal year 2013/14. Revenues: No amendments are proposed to Harborview Fund revenues at mid year. Expenditures: No amendments are proposed to Harborview Fund expenditures at mid year. FY 2013/14 City of Clearwater Other Enterprise Funds Mid Year Amendments 12 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND MARINE FUND REVENUES Intergovernmental - - 1,883 1,883 ~- - Charges for Service 4,641,270 1,968,336 1,806,056 (162,280) -8%- 4,641,270 Judgements, Fines and Forfeits 1,000 498 1,050 552 111%- 1,000 Miscellaneous Revenue 34,000 17,002 19,643 2,641 16%- 34,000 Transfers In 5,750 5,750 5,750 - 0%- 5,750 Fund Equity - - - - ~24,570 24,570 TOTAL REVENUES 4,682,020 1,991,586 1,834,382 (157,204) -8%24,570 4,706,590 MARINE FUND EXPENDITURES Marina Operations 4,493,840 2,015,877 1,894,209 121,668 6%24,570 4,518,410 TOTAL EXPENDITURES 4,493,840 2,015,877 1,894,209 121,668 6%24,570 4,518,410 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Intergovernmental 50,000 50,000 50,000 - 0%- 50,000 Charges for Service 506,000 257,196 309,718 52,522 20%- 506,000 Judgements, Fines and Forfeits 200 102 750 648 635%- 200 Miscellaneous Revenue 7,000 3,298 5,070 1,772 54%- 7,000 Transfers In 1,420 1,420 1,420 - 0%- 1,420 Fund Equity - - - - ~- - TOTAL REVENUES 564,620 312,016 366,958 54,942 18%- 564,620 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 504,650 271,002 249,231 21,771 8%- 504,650 TOTAL EXPENDITURES 504,650 271,002 249,231 21,771 8%- 504,650 AIRPARK FUND AIRPARK FUND REVENUES Charges for Service 6,000 3,000 4,893 1,893 63%- 6,000 Miscellaneous Revenue 254,000 127,000 126,969 (31) 0%2,000 256,000 Transfers In 430 430 430 - 0%- 430 Fund Equity - - - - ~- - TOTAL REVENUES 260,430 130,430 132,292 1,862 1%2,000 262,430 AIRPARK FUND EXPENDITURES Airpark Operations 183,530 100,407 104,522 (4,115) -4%9,000 192,530 TOTAL EXPENDITURES 183,530 100,407 104,522 (4,115) -4%9,000 192,530 For The Six Month Period of October 1, 2013 - March 31, 2014 ENTERPRISE FUNDS MID YEAR REVIEW 13 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2013 - March 31, 2014 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND PARKING FUND REVENUES Charges for Service 3,663,000 1,585,998 1,596,680 10,682 1%- 3,663,000 Judgements, Fines and Forfeits 600,000 300,000 309,598 9,598 3%- 600,000 Miscellaneous Revenue 367,000 198,002 120,169 (77,833) -39%- 367,000 Transfers In 7,010 7,010 12,620 5,610 80%- 7,010 Fund Equity 52,670 - - - ~- 52,670 TOTAL REVENUES 4,689,680 2,091,010 2,039,067 (51,943) -2%- 4,689,680 PARKING FUND EXPENDITURES Engineering / Parking System 3,055,670 1,703,848 1,626,101 77,747 5%- 3,055,670 Engineering / Parking Enforcement 602,240 297,662 257,427 40,235 14%- 602,240 Parks & Rec / Beach Guards 542,570 324,973 267,215 57,758 18%- 542,570 TOTAL EXPENDITURES 4,200,480 2,326,483 2,150,743 175,740 8%- 4,200,480 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Miscellaneous Revenue 48,250 24,126 29,399 5,273 22%- 48,250 Transfers In - - - - ~- - Fund Equity - - - - ~- - TOTAL REVENUES 48,250 24,126 29,399 5,273 22%- 48,250 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 38,280 19,642 14,448 5,194 26%- 38,280 TOTAL EXPENDITURES 38,280 19,642 14,448 5,194 26%- 38,280 14 Increase/ (Decrease)Description General Services At mid year, anticipated revenues of the General Services Fund exceed anticipated expenditures by $100,270 for fiscal year 2013/14. Revenues:(13,340) Mid year revenues in the General Services Fund reflect a decrease of $13,340 to Custodial Service Charge to bring revenues in line with projected receipts for the year due to a cancelled contract. Expenditures:(13,340) Mid year expenditures in the General Services Fund reflect a decrease of $13,340 to contractual services to due to a cancelled custodial contract. Administrative Services At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $137,570 for fiscal year 2013/14. Revenues: No amendments are proposed to Administrative Services Fund revenues at mid year. Expenditures: No amendments are proposed to Administrative Services Fund expenditures at mid year. Garage Fund At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2013/14. Revenues:94,859 Mid year revenues in the Garage Fund reflect an allocation of $94,858.59 of Garage Fund retained earnings to fund the construction of a microwave link from the Police Depatment to the main radio tower,as approved by the Council on April 16, 2014. Expenditures:94,859 Mid year amendments to Garage Fund expenditures reflect an increase of $94,858.59 in machinery and equipment to fund the construction of a microwave link from the Police Depatment to the main radio tower.This increase is offset by a revenue amendment recognizing the use of Garage Fund retained earnings, as approved by the Council on April 16, 2014. Central Insurance At mid year, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2013/14. Revenues: No amendments are proposed to Central Insurance Fund revenues at mid year. Expenditures: No amendments are proposed to Central Insurance Fund expenditures at mid year. City of Clearwater Internal Service Funds Mid Year Amendments FY 2013/14 15 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Charges for Service 4,690,510 2,345,262 2,371,612 26,350 1%(13,340) 4,677,170 Miscellaneous Revenues 22,000 10,800 16,053 5,253 49%- 22,000 Transfers In 20,870 20,870 20,870 - 0%- 20,870 Fund Equity - - - - ~- - TOTAL REVENUES 4,733,380 2,376,932 2,408,535 31,603 1%(13,340) 4,720,040 GENERAL SERVICES FUND EXPENDITURES Administration 499,980 279,719 216,197 63,522 23%- 499,980 Building & Maintenance 4,133,130 2,237,224 2,192,836 44,388 2%(13,340) 4,119,790 TOTAL EXPENDITURES 4,633,110 2,516,943 2,409,032 107,911 4%(13,340) 4,619,770 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Charges for Service 9,619,200 4,809,606 4,761,489 (48,117) -1%- 9,619,200 Miscellaneous Revenues 95,000 46,500 55,437 8,937 19%- 95,000 Transfers In 36,180 36,180 36,180 - 0%- 36,180 Fund Equity 525,000 - - - ~- 525,000 TOTAL REVENUES 10,275,380 4,892,286 4,853,106 (39,180) -1%- 10,275,380 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin 382,680 214,888 209,942 4,947 2%- 382,680 Information Tech / Network Svcs 2,792,510 1,670,923 1,570,401 100,522 6%- 2,792,510 Info Tech / Software Applications 2,456,840 1,466,375 1,366,438 99,937 7%- 2,456,840 Info Tech / Telecommunications 853,500 434,172 393,659 40,513 9%- 853,500 Public Comm / Courier 150,460 75,235 48,947 26,288 35%- 150,460 Clearwater Customer Service 3,501,820 1,974,230 1,760,708 213,522 11%- 3,501,820 TOTAL EXPENDITURES 10,137,810 5,835,823 5,350,094 485,729 8%- 10,137,810 GARAGE FUND GARAGE FUND REVENUES Charges for Service 13,080,470 6,540,240 6,164,400 (375,840) -6%- 13,080,470 Miscellaneous Revenues 460,030 206,712 56,960 (149,752) -72%- 460,030 Transfers In 16,370 16,370 16,370 - 0%- 16,370 Fund Equity - - - - ~94,859 94,859 TOTAL REVENUES 13,556,870 6,763,322 6,237,730 (525,592) -8%94,859 13,651,729 Garage Fund Expenditures Fleet Maintenance 13,095,590 6,789,067 6,041,210 747,857 11%- 13,095,590 Radio Communications 461,280 235,063 126,503 108,560 46%94,859 556,139 TOTAL EXPENDITURES 13,556,870 7,024,130 6,167,712 856,418 12%94,859 13,651,729 For The Six Month Period of October 1, 2013 - March 31, 2014 INTERNAL SERVICE FUNDS MID YEAR REVIEW 16 2013/14 2013/14 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2013 - March 31, 2014 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Charges for Service 20,634,890 10,708,938 10,187,407 (521,531) -5%- 20,634,890 Miscellaneous Revenues 787,630 367,418 226,197 (141,221) -38%- 787,630 Transfers In 96,970 96,970 84,088 (12,882) -13%- 96,970 Fund Equity 2,204,670 - - - ~- 2,204,670 TOTAL REVENUES 23,724,160 11,173,326 10,497,692 (675,634) -6%- 23,724,160 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 427,230 238,288 221,359 16,929 7%- 427,230 Human Resources / Employee Benefits 350,200 193,824 144,004 49,820 26%- 350,200 Human Resources / Employee Health Clinic 1,707,660 853,830 772,515 81,315 10%- 1,707,660 Non-Departmental 21,239,070 11,400,950 6,911,289 4,489,662 39%- 21,239,070 TOTAL EXPENDITURES 23,724,160 12,686,892 8,049,166 4,637,726 37%- 23,724,160 17 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2013/14 18 The amended 2013/14 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $2,723,088. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity:  Intersection Improvements – To record a budget decrease in the amount of $100,000 of Transportation Impact Fees and return the funds to the Special Development Fund.  Miscellaneous Minor Public Art – To record a budget increase in the amount of $4,000 of Contribution from Other Governmental Units received from the Downtown Development Fund. The funding was for Sculpture 360: Season V. This will bring budgeted revenues in line with actual cash receipts.  Sid Lickton Complex Renovations – To record a budget increase in the amount of $3,320.85 of Reimbursement revenue representing payment from Brandes Design-Build for sod replacement. This will bring budgeted revenues in line with actual cash receipts.  WWTP Screw Pump Replacement – To record a budget increase in the amount of $5,430.96 of Other Governmental Units representing reimbursements from the City of Safety Harbor. This will bring budgeted revenues in line with actual cash receipts. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Bicycle Path/Bridges 750,000 05/15/14 WWTP Screw Pump Replacement 738,212 03/20/14 Capitol Theatre 500,000 03/20/14 Rehabilitation of Airpark Hangar “D’ 500,000 05/01/14 Airpark Hangar Rehabilitation 200,000 05/01/14 Bicycle Path/Bridges 78,000 04/16/14 Roof Repair 42,710 05/01/14 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Intersection Improvements 1 315-92562 (100,000) To record a budget decrease in the amount of $100,000.00 of Transportation Impact Fees and return the funds to the Special Development Fund. (100,000) Bicycle Path/Bridges 2 315-93272 78,000 To record a budget increase in the amount of $78,000.00 of Recreation Land Impact Fees from the Special Development Fund.The funding will provide for the purchase of real property from CSX Transportation,Inc.which is necessary to complete the recreation trail project at Ross Norton/Ed Wright Park.This was approved by City Council on April 16, 2014. 315-93272 750,000 To record a budget increase in the amount of $750,000.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue from the Special Development Fund.The previously approved funding was advanced from fiscal year 2015/16 into our current fiscal year.The funding will provide for the construction of the Bayshore Trail which will coincide with the construction of the Courtney Campbell Causeway Trail by the Florida Department of Transportation.This was approved by City Council on May 15, 2014.828,000 Miscellaneous Minor Public Art 3 325-93608 4,000 * To record a budget increase in the amount of $4,000.00 of Contribution from Other Governmental Units received from the Downtown Development Fund.The funding was for Sculpture 360:Season V.This will bring budgeted revenues in line with actual cash receipts.4,000 Capitol Theatre 4 315-93623 500,000 * To record a budget increase in the amount of $500,000.00 of grant funding from the State of Florida Cultural Facilities Program. This was approved by City Council on March 20, 2014. 500,000 Sid Lickton Complex Renovations 5 315-93630 3,321 * To record a budget increase in the amount of $3,320.85 of Reimbursements revenue representing payment from Brandes Design-Build for sod replacement.This will bring budgeted revenues in line with actual cash receipts.3,321 Roof Repairs 6 315-94512 42,710 To record a budget increase in the amount of $42,710.47 of Stormwater retained earnings.The funding will provide for a portion of the cost for the installation of a sprayed polyurethane foam roof system and acrylic coating on the roofs of building C and G. This was approved by City Council on May 1, 2014.42,710 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2013/14 19 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2013/14 Airpark Hangar Rehabilitation - NEW PROJECT 7 315-94881 200,000 To establish the project budget and record a budget increase in the amount of $160,000.00 of grant funding from the Florida Department of Transportation and to record a budget increase of General Fund reserve revenue in the amount of $40,000.00. The funding will provide for the rehabilitation of the maintenance hanger. This was approved by City Council on May 1, 2014.200,000 Rehabilitation of Airpark Hangar "D" - NEW PROJECT 8 315-94882 500,000 To establish the project budget and record a budget increase in the amount of $400,000.00 of grant funding from the Florida Department of Transportation and to record a budget increase of Infrastructure Sales Tax (Penny for Pinellas)revenue in the amount of $100,000.00.This was approved by City Council on May 1, 2014.500,000 WWTP Screw Pump Replacement 9 315-96202 738,212 * To record a budget increase in the amount of $738,211.56 of Other Governmental revenue for the City of Safety Harbor's reimbursements of these contracts.The funding will provide for the construction of the Northeast Water Reclamation Facility Screw Lift Station Upgrade project.This was approved by City Council on March 20,2014 700,000 To record a budget transfer in the amount of $700,000.00 of Sewer Revenue from project 315-96619,WWTP Generator Replacements.The funding will provide for the construction of the Northeast Water Reclamation Facility Screw Lift Station Upgrade project.This was approved by City Council on March 20,2014 5,431 * To record a budget increase in the amount of $5,430.96 of Other Governmental Units revenue from the City of Safety Harbor for the NE Treatment Plant.This will bring budgeted revenues in line with actual cash receipts.1,443,643 Pinellas New Mains-Service Lines 10 315-96377 1,180 * To record a budget increase in the amount of $1,180.21 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.1,180 Pasco New Mains-Service Lines 11 315-96378 209 * To record a budget increase in the amount of $208.65 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.209 Public Utilities Admin Building R&R 12 315-96523 142,000 To record a budget transfer in the amount of $142,000.00 of Sewer Revenue from project 315-96739,Reclaimed Water Distribution System.The funding will provide for a portion of the cost for the installation of a sprayed polyurethane foam roof system and acrylic coating on the roofs of building C and G. This was approved by City Council on May 1, 2014.142,000 20 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2013/14 WWTP Generator Replacements 13 315-96619 (700,000) To record a budget transfer in the amount of $700,000.00 of Sewer Revenue to project 315-96202,WWTP Screw Pump Replacement.The funding will provide for the construction of the Northeast Water Reclamation Facility Screw Lift Station Upgrade project.This was approved by City Council on March 20,2014 (700,000) Reclaimed Water Distribution System 14 315-96739 (142,000) To record a budget transfer in the amount of $142,000.00 of Sewer Revenue to project 315-96523,Public Utilities Admin Building R&R.The funding will provide for a portion of the cost for the installation of a sprayed polyurethane foam roof system and acrylic coating on the roofs of building C and G.This was approved by City Council on May 1, 2014.(142,000) Line Relocation - Capital 15 315-96742 25 * To record a budget increase in the amount of $25.19 of Interest Earned Other revenue.This will bring budgeted revenues in line with actual cash receipts.25 TOTALS 2,723,088 - 2,723,088 21 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Fire Protection 91218 Fire Engine Replacement 1,048,916 1,048,916 1,048,916 997,251 8,739 42,926 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 761,051 404,659 91229 Replace & Upgrade Airpacks 1,032,000 1,032,000 1,032,000 695,467 336,533 91236 Rescue Vehicle 1,179,869 1,179,869 1,179,869 1,179,869 91253 Main Station (Fire)11,489,535 11,592,885 11,592,885 5,831,437 5,086,635 674,813 91257 AED Program 90,550 90,550 90,550 70,113 19,600 837 91258 Ladder Truck Equipment 150,000 150,000 150,000 147,967 2,033 91259 Radio Replacements 364,640 364,640 364,640 344,214 8,012 12,414 91260 Thermal Imaging Cameras 88,230 88,230 88,230 69,295 18,935 91261 Personal Protection Equipment 1,283,690 1,283,690 1,283,690 876,125 407,565 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634 91263 Extrication Tools 56,000 56,000 56,000 22,787 33,213 91264 Fire Hose Replacement 196,420 196,420 196,420 115,122 33,768 47,530 91266 Rescue Squad Replacement 850,000 850,000 850,000 827,340 22,660 91267 Training Facility Concrete Pad Replace 90,000 90,000 90,000 82,665 250 7,085 91268 Countryside Fire Station 400,000 400,000 400,000 400,000 Sub-Total 19,610,560 19,713,910 - 19,713,910 10,840,833 5,239,370 3,633,707 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 2,859,732 118,828 1,169,009 Sub-Total 4,147,569 4,147,569 - 4,147,569 2,859,732 118,828 1,169,009 Major Street Maintenance 92274 Bridge Maintenance & Improvements 5,521,060 5,521,060 5,521,060 1,180,043 231,203 4,109,814 92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,745,839 2,605,134 1,140,705 92276 Traffic Calming Program 5,583,635 5,583,635 5,583,635 1,727,336 687,178 3,169,121 92277 Streets and Sidewalks 7,973,577 7,973,577 7,973,577 1,215,144 422,752 6,335,681 Sub-Total 22,824,111 22,824,111 - 22,824,111 6,727,657 1,341,133 14,755,321 Sidewalks and Bike Trail 92339 New Sidewalks 775,471 775,471 775,471 594,690 59,987 120,794 Sub-Total 775,471 775,471 - 775,471 594,690 59,987 120,794 Intersections 92559 City-Wide Intersection Improvement 749,056 749,056 749,056 749,056 92560 Signal Renovation 90,385 110,385 110,385 78,250 32,135 92561 New Signal Installation 282,877 282,877 282,877 128,837 154,040 92562 Intersection Improvements 2,422,017 2,402,017 (100,000) 2,302,017 11,496 2,290,521 1 Sub-Total 3,544,335 3,544,335 (100,000) 3,444,335 218,583 0 3,225,752 Parking 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000 92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 149,708 3,500 176,792 92652 Parking Lot Resurfacing 893,633 893,633 893,633 651 892,982 92653 Parking Garage Structure Repair 546,103 546,103 546,103 131,655 414,448 92654 Parking Lot Improvement 680,357 680,357 680,357 72,748 607,609 92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 3,143 1,157 75,700 Sub-Total 11,930,093 11,930,093 - 11,930,093 457,905 4,657 11,467,531 Miscellaneous Engineering 92839 Downtown Intermodal 575,000 575,000 575,000 519,967 55,033 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,008,862 51,260 439,878 92841 Miscellaneous Engineering 158,396 158,396 158,396 38,851 12,795 106,750 Sub-Total 3,233,396 3,233,396 - 3,233,396 2,567,680 64,055 601,660 22 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Improve 389,380 389,380 389,380 351,544 37,836 93205 Brighthouse Field Infrastructure Imp 895,345 895,345 895,345 852,154 41,940 1,251 93247 Fitness Equipment Replacement 225,000 225,000 225,000 178,736 11,719 34,544 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93271 Swimming Pool R&R 601,573 601,573 601,573 531,154 3,794 66,625 93272 Bicycle Paths-Bridges 2,525,896 2,525,896 828,000 3,353,896 2,120,768 71,838 1,161,290 2 93273 Restrooms on Clearwater Beach 923,000 923,000 923,000 905,691 10,374 6,934 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,286 132,166 93278 Long Center Infra Repairs 575,183 575,183 575,183 487,690 18,581 68,912 93286 Parking Lot/Bike Path Rsr/Imprv 606,943 606,943 606,943 519,490 87,453 93602 Sp Events Equip Rep & Rplcmnt 200,000 200,000 200,000 162,432 20,738 16,830 93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 252,239 164,761 93608 Miscellaneous Minor Public Art 249,061 249,061 4,000 253,061 253,061 3 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93618 Miscellaneous Park & Rec Contract 145,000 145,000 145,000 110,922 14,702 19,376 93623 Capitol Theatre 7,305,936 7,805,936 500,000 8,305,936 7,730,552 429,925 145,460 4 93624 Pier 60 Park Repairs and Improvements 510,000 510,000 510,000 159 509,842 93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000 93626 FDOT Median & ROW Enhancement 340,206 340,206 340,206 262,449 17,298 60,459 93628 Carpenter/Bright House Fld Imp 32,482 32,482 32,482 32,482 93629 North Greenwood Athletic Fields 651,825 651,825 651,825 596,866 7,762 47,197 93630 Sid Lickton Complex Renovations 3,294,825 3,294,825 3,321 3,298,146 3,117,639 175,833 4,674 5 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 851,249 27,125 219,116 93633 Pier 60 Park Repairs and Improvements 110,000 110,000 110,000 110,000 0 93634 Concrete Sidewalk & Pad Repair 143,176 143,176 143,176 42,907 100,269 93635 Park Amenity Purch & Rplcmnt 122,800 122,800 122,800 95,798 27,002 93636 Tennis Court Resurfacing 75,310 75,310 75,310 9,616 65,694 93637 Playground & Fitness Purch & Rplc 307,079 307,079 307,079 62,323 244,756 93638 Fencing Replacement Program 174,664 174,664 174,664 43,534 5,970 125,160 93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 45 55,450 551,015 93640 Bright House Repairs 0 241,272 241,272 238,470 2,802 0 Sub-Total 27,097,634 27,838,906 1,335,321 29,174,227 20,385,018 915,851 7,873,358 Marine Facilities 93403 Beach Guard Facility Maint 130,000 130,000 130,000 109,884 20,116 93405 Downtown Boat Slips 12,693,770 12,693,770 12,693,770 12,079,125 9,826 604,819 93410 Clwr Harbor Marina Maintenance 60,000 60,000 60,000 12,073 47,927 93411 Clearwater Beach Life Guard Renovation 0 0 0 0 93412 City-wide Seawall Replacement 1,298,000 1,298,000 1,298,000 687,655 238,164 372,181 93415 Waterway Maintenance 260,000 260,000 260,000 27,519 232,481 93417 Pier 60 Refurbishment 600,000 600,000 600,000 536,925 49,063 14,012 93418 Utilities Services Replacement 88,504 88,418 88,418 77,904 10,514 93419 Dock Replacement & Repair 46,727 46,727 46,727 23,376 23,351 93420 Fuel System R & R 47,752 47,752 47,752 10,358 37,394 93421 Marine Facilities Dredging & Maint 33,715 33,715 33,715 10,184 23,531 93422 Dredging of City Waterways 246,204 246,204 246,204 30,645 72,200 143,359 93495 Dock Construction 24,858 24,858 24,858 16,408 8,450 93497 Docks & Seawalls 1,086,085 1,086,085 1,086,085 552,272 533,813 93499 Pier 60/Sailing Center Maint 241,952 241,952 241,952 194,424 47,528 Sub-Total 16,857,567 16,857,481 - 16,857,481 14,368,751 369,253 2,119,477 Airpark 94817 Airpark Maint & Repair 134,000 134,000 134,000 128,387 3,583 2,030 94858 Airpark Security Improvements 173,014 173,014 173,014 173,012 2 94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,791,678 10,945 197,377 Sub-Total 2,307,014 2,307,014 - 2,307,014 2,093,076 14,528 199,410 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Libraries 93527 Books & Other Lib Mat - II 7,161,601 7,161,601 7,161,601 6,535,893 10,311 615,397 93528 Countryside Library Renovation 6,250,000 6,250,000 6,250,000 423,908 262,775 5,563,317 93529 Main Library Entryway Improve 130,000 130,000 130,000 76,639 500 52,861 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 6,250,000 Sub-Total 19,791,601 19,791,601 - 19,791,601 7,036,440 273,586 12,481,575 Garage 94233 Motorized Equip-Cash II 1,138,656 1,138,656 1,138,656 1,021,248 7,150 110,258 94238 Police Vehicles 1,400,001 1,400,001 1,400,001 1,198,735 201,266 94241 Motorized Equipment Replace - L/P 13,861,392 13,861,392 13,861,392 13,861,392 94242 Overhead Crane 48,000 48,000 48,000 11,911 36,089 Sub-Total 16,448,049 16,448,049 - 16,448,049 2,231,894 7,150 14,209,005 Maintenance of Buildings 94510 Air Cond Replace-City Wide 2,671,452 2,671,538 2,671,538 2,439,521 5,750 226,267 94512 Roof Repairs 627,635 627,635 42,710 670,345 564,074 106,271 6 94514 Roof Replacements 1,890,352 1,890,352 1,890,352 1,242,769 647,583 94517 Painting of Facilities 992,720 992,720 992,720 601,716 14,465 376,539 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 953,952 953,952 953,952 741,422 212,530 94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 165,729 54,271 94528 Light Replacement & Repair 214,931 214,931 214,931 202,739 12,192 94529 MSB Restroom Renovations 65,000 65,000 65,000 65,000 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 1,151,160 1,151,160 66,702 1,084,458 Sub-Total 9,902,013 9,902,099 42,710 9,944,810 6,207,835 20,215 3,716,760 Miscellaneous 94729 City-wide Connect Infra 1,956,478 1,956,478 1,956,478 1,466,600 104,742 385,136 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 916,447 136,279 94761 Poll Stor Tank Rem/Repl-Gen Fd 513,658 513,658 513,658 244,249 269,409 94803 Environmental Assmt & Clean-up 940,964 940,964 940,964 712,244 15,194 213,527 94814 Network Infra & Server Upgrade 2,635,057 2,635,057 2,635,057 312,139 2,322,918 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 114,191 335,809 94824 IT Disaster Recovery 375,000 375,000 375,000 375,000 94827 Telecommunications Upgrade 454,000 454,000 454,000 454,000 94828 Financial Systems Upgrades 776,628 776,628 776,628 224,493 34,585 517,551 94829 CIS Upgrades / Replacement 797,376 797,376 797,376 318,999 478,377 94830 MS Licensing / Upgrades 775,000 775,000 775,000 504,143 270,857 94833 Computer Monitors 320,000 320,000 320,000 320,000 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 142,700 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 146,505 353,191 304 94857 Accela Permitting & Code Enforce 200,000 200,000 200,000 26,401 555 173,044 94861 Library Technology 1,250,000 1,250,000 1,250,000 583,088 132,549 534,363 94873 Citywide Camera System 160,000 160,000 160,000 104,161 8,400 47,440 94874 City Enterprise Timekeeping System 185,000 185,000 185,000 161,897 23,103 94878 Asset Management Upgrade 60,000 60,000 60,000 60,000 94879 Aging Well Center Tech Upgrade 55,000 55,000 55,000 55,000 94880 Granicus Agenda Management Sys 60,000 60,000 60,000 32,736 27,264 94881 Airpark Hangar Rehabilitation 0 0 200,000 200,000 200,000 7 94882 Rehabilitation of Airpark Hangar "D"0 0 500,000 500,000 500,000 8 Sub-Total 14,356,887 14,356,887 700,000 15,056,887 6,177,984 649,214 8,229,690 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 17,570,189 15,169,488 15,169,488 6,190,815 235,208 8,743,465 96125 Town Lake 8,843,010 8,843,010 8,843,010 4,618,972 106,183 4,117,855 96129 Stevenson Creek Estuary Restoration 6,337,055 6,337,055 6,337,055 4,567,639 7,260 1,762,155 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 981,830 26,170 96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 336,606 37,411 125,233 96168 Stormwater System Expansion 1,857,956 1,857,956 1,857,956 109,505 1,748,451 96169 Stevenson Creek 3,667,122 3,667,122 3,667,122 1,705,644 1,444,114 517,364 96170 Coastal Basin Projects 7,193,178 7,193,178 7,193,178 3,127,511 339,826 3,725,841 96173 Alligator Creek Watershed Projects 3,666,490 3,666,490 3,666,490 952,223 140,493 2,573,774 96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 93,040 18,614 88,346 96177 Jeffords Street Outfall 400,000 400,000 400,000 106,648 26,047 267,306 96178 Smallwood Circle 340,000 2,437,719 2,437,719 247,480 1,372,840 817,399 96179 Tropic Hills Phase III 2,500,000 2,500,000 2,500,000 1,225,603 388,701 885,695 96180 Stormwater Maint St Sweeping Fac 376,511 376,511 376,511 278,720 34,767 63,023 96181 Jeffords Street Channel 1,200,000 1,596,362 1,596,362 396,760 1,099,776 99,826 96183 Mandalay Ave Outfall 1,600,000 1,600,000 1,600,000 1,347,816 210,051 42,133 96184 Magnola Drive Outfall 1,100,000 1,100,000 1,100,000 172,764 90,378 836,857 96185 Woodlawn Terrace Floodplain Storage 0 1,006,620 1,006,620 14 906,620 99,986 Sub-Total 58,358,761 59,458,761 - 59,458,761 26,459,591 6,458,290 26,540,880 Water System 96721 System R & R - Maintenance 3,216,799 3,216,799 3,216,799 1,223,819 1,992,980 96739 Reclaimed Water Dist Sys 61,650,279 61,650,279 (142,000) 61,508,279 42,958,407 25,729 18,524,143 14 96740 Water Supply/Treatment 5,670,430 5,670,430 5,670,430 1,826,252 3,844,178 96741 System R & R-Capitalized 9,536,996 9,536,996 9,536,996 6,763,652 2,773,344 96742 Line Relocation-Capitalized 11,864,486 11,864,486 25 11,864,511 2,581,244 9,283,267 15 96743 Mtr Bkflow Prev Dev/Change 4,314,046 4,314,046 4,314,046 1,094,429 3,219,617 96744 System Expansion 1,899,673 1,899,673 1,899,673 1,786,437 113,236 96752 Water Service Lines 4,892,119 4,892,119 4,892,119 1,081,256 3,810,863 96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 7,901,452 3,392,117 5,572,182 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 600,000 96767 RO Plant at Res #2 44,948,968 44,948,968 44,948,968 19,245,554 21,950,170 3,753,244 96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 99,968 150,032 96773 Groundwater Replenishment Facility 5,705,833 5,705,833 5,705,833 2,064,364 814,504 2,826,964 96774 Automated Meter Reading 1,000,000 1,000,000 1,000,000 1,000,000 96775 Arsenic Treatment WTP #3 359,420 359,420 359,420 359,420 96777 Water Supply Pick-up Trucks 60,000 60,000 60,000 60,000 Sub-Total 172,834,800 172,834,800 (141,975) 172,692,825 88,626,836 26,182,520 57,883,470 Sewer System 96202 WWTP Screw Pump Replacement 3,398,776 3,405,741 1,443,643 4,849,383 23,355 1,438,212 3,387,816 9 96204 WWTP UV Disinfections System 900,000 925,986 925,986 925,986 96205 Industrial Pretreatment Vehicle 25,000 25,000 25,000 25,000 96206 Maintenance Vehicle 26,000 26,000 26,000 26,000 96611 Bio-Solids Treatment 8,591,761 8,591,761 8,591,761 1,551,492 7,040,269 96615 Odor Control 2,062,523 2,062,523 2,062,523 986,464 1,076,059 96619 WWTP Generator Replacements 4,911,383 4,911,383 (700,000) 4,211,383 650,150 6,974 3,554,259 13 96621 WWTP New Presses 3,402,580 3,402,580 3,402,580 527,638 2,874,942 96630 Sanitary Sewer Extension 10,809,894 10,809,894 10,809,894 1,960,659 5,786,593 3,062,642 96634 Sanitary Util Reloc Accmmdtn 4,691,813 4,691,813 4,691,813 1,354,672 3,337,141 96645 Laboratory Upgrade & R&R 2,116,259 2,116,259 2,116,259 641,071 1,475,188 96654 Facilities Upgrade & Improvement 18,218,882 18,193,882 18,193,882 7,191,502 622,171 10,380,208 96664 WPC R & R 21,189,964 21,189,964 21,189,964 6,654,348 224,364 14,311,253 96665 Sanitary Sewer R&R 25,848,409 25,848,409 25,848,409 4,879,467 165,245 20,803,697 96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 354,347 2,232,175 96670 Poll Stor Tank Remov-WPC 207,756 206,770 206,770 139,121 67,649 96686 Pump Station Replacement 18,176,977 18,176,977 - 18,176,977 1,436,324 374,354 16,366,299 Sub-Total 127,164,499 127,171,464 743,643 127,915,106 28,350,611 8,617,913 90,946,582 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,304,794 2,304,794 2,304,794 1,375,877 178,677 750,240 96365 Line Relocation-Pinellas Maint 1,856,927 1,856,927 1,856,927 502,468 84,670 1,269,789 96367 Gas Meter Change Out-Pinellas 1,490,000 1,490,000 1,490,000 988,035 501,965 96374 Line Relocation-Pinellas Capital 3,236,983 2,936,983 2,936,983 2,175,247 761,736 96376 Line Relocation - Pasco Maint 830,000 830,000 830,000 69,437 760,563 96377 Pinellas New Main / Service Lines 22,528,822 22,531,866 1,180 22,533,046 18,762,764 3,770,282 10 96378 Pasco New Mains / Service Lines 10,726,330 10,726,330 209 10,726,539 9,336,536 251,268 1,138,735 11 96379 Pasco Gas Meter Change Out 1,020,000 1,020,000 1,020,000 263,198 756,802 96381 Line Reloc-Pasco-Capital 855,000 855,000 855,000 2,535 852,465 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 813,865 178,135 96384 Gas Building Renovation 1,449,675 1,449,675 1,449,675 487,380 962,295 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 918,940 638,905 96386 Expanded Energy Conservation 2,025,709 2,030,864 2,030,864 1,821,043 209,821 96387 Natural Gas Vehicle 3,250,000 3,800,000 3,800,000 2,673,120 838,822 288,058 96388 Gas Administrative Vehicles 37,618 0 0 0 96389 Future IMS Software & Hardware 100,000 100,000 100,000 795 99,205 Sub-Total 54,261,703 54,482,284 1,389 54,483,673 40,191,240 1,353,437 12,938,996 Solid Waste 96426 Facility R & R 2,032,608 2,032,608 2,032,608 1,515,804 516,804 96443 Res Container Acquisition-II 1,341,741 1,341,741 1,341,741 956,924 384,817 96444 Comm Container Acquisition-II 2,740,020 2,740,020 2,740,020 1,890,900 849,120 96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 189,414 0 96446 Single Stream Recycling Carts 1,500,000 1,500,000 1,500,000 1,484,275 15,725 Sub-Total 7,803,783 7,803,783 - 7,803,783 6,037,317 - 1,766,466 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 382,184 382,184 142,000 524,184 152,850 371,334 12 Sub-Total 541,717 541,717 142,000 683,717 304,446 - 379,271 Recycling 96804 Recycling Carts/Dumpsters 770,925 770,925 770,925 552,087 218,838 96805 Recyc Expan/Prom/R&R 1,261,525 1,261,525 1,261,525 792,271 42,816 426,438 Sub-Total 2,032,450 2,032,450 - 2,032,450 1,344,358 42,816 645,276 TOTAL ALL PROJECTS 595,824,012 597,996,180 2,723,088 600,719,268 274,082,477 51,732,804 274,903,987 26 Special Program Fund Mid Year Budget Amendments October 1, 2013 - March 31, 2014 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Tactical Headset System - NEW PROJECT 1 99200 17,735 3,241 To establish the project and record a budget increase of $17,735 in grant revenue from the Justice Assistance Grant (JAG). To record a transfer of $3,241 in fines,forfeiture and penalties revenue from project 181-99331,Special Law Enforcement Trust Fund.This project will fund the purchase of a new Tactical Headset System for SWAT Team use as approved by the Council on March 6, 2014.20,976 Pedestrian and Bicycle Safety Project - NEW PROJECT 2 99204 29,037 To establish the project and record a budget increase of $29,036.80 in grant revenue from the Florida Department of Transportation (FDOT),to create a comprehensive enforcement/education project aimed at changing the behavior of all who use Clearwater's roadways.This was approved by the Council on March 6, 2014.29,037 Police Education Fund 3 99317 11,234 To record a budget increase of $10,067.01 in Police Education fine revenue,and an increase of $1,167.08 in other governmental revenue to bring the budget in line with actual receipts.11,234 Investigative Recovery Costs 4 99329 28,057 To record a budget increase of $3,565.10 in grant revenue from the US Department of Justice;and $24,491.57 in fines, forfeitures and penalties revenue which will bring the budget in line with actual receipts.28,057 FL Contraband Forfeiture Fund 5 99330 99,520 To record a budget increase of $99,519.75 in fines, forfeitures and penalties revenue which will bring the budget in line with actual receipts.99,520 Law Enforcement Trust Fund 6 99331 3,925 (3,241) To record a budget increase of $3,925 in reimbursement revenue from a contribution made to the CHIP program which has ended and the project is closed.These funds are being returned to the original source. To record a transfer of $3,241 in fines,forfeitures and penalties revenue to project 181-99200,Tactical Headset System as approved by the Council on March 6, 2014.684 Vehicle Replacement 7 99350 4,293 To record a transfer of $4,292.50 in Police Services revenue from project 181-99908,Extra Duty Program.This represents revenue collected for vehicle usage on extra duty jobs.4,293 27 Special Program Fund Mid Year Budget Amendments October 1, 2013 - March 31, 2014 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Federal Forfeiture Sharing 8 99387 1,482 To record a budget increase of $1,482.40 in grant revenue from the US Dept of Justice,which will bring the budget in line with actual receipts.1,482 Public Safety Program Totals:190,990 4,293 195,282 Community Development Economic Development Incentives 9 99744 262,500 To record a budget increase of $262,500 in General Fund revenues for reimbursement of certain development fees as approved by the Council on March 6, 2014.262,500 Community Development Totals:262,500 - 262,500 Miscellaneous Programs: Special Events 10 99865 613,495 To record a budget increase of $613,495.22;representing increases of $5,674.13 in rental income,$12,500.00 in sponsorship revenue,$1,900.00 in memberships and registrations,$558,446.84 in sales revenue,$634.98 in donations,and $34,339.27 in reimbursements.This will bring the budget in line with actual receipts for the quarter.613,495 Police - Outside Duty 11 99908 232,687 (4,293) To record a budget increase of $232,686.50 in Police Services revenue to bring the budget in line with actual receipts. To record a transfer of $4,292.50 in Police Services revenue to project 181-99350,Vehicle Replacement.This represents revenue collected for vehicle usage on extra duty jobs.228,394 Library Special Account 12 99910 557 To record a budget increase of $557.05 in donation revenue to bring the budget in line with actual receipts.557 28 Special Program Fund Mid Year Budget Amendments October 1, 2013 - March 31, 2014 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Tree Replacement Project 13 99970 10,638 To record a budget increase of $10,638.00 in fines, forfeiture and penalty revenue to bring the budget in line with actual receipts.10,638 Miscellaneous Programs Total:857,377 (4,293) 853,084 Grand Total:1,310,866 - 1,310,866 29 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2013 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42 99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99200 Tactical Headset System - - 20,976 20,976 - 20,976 - 1 99204 Pedestrian & Bicycle Safety Project - - 29,037 29,037 1,325 - 27,712 2 99241 Human Trafficking Overtime - 87,000 - 87,000 5,742 - 81,258 99242 Human Trafficking Zonta Club - 5,000 - 5,000 2,000 2,000 1,000 99243 2013 RRT - Invest Cost Recovery 52,377 52,377 - 52,377 7,923 - 44,454 99244 AmeriCorps 2014 228,942 259,187 - 259,187 53,389 - 205,798 99245 2013 Report Review Team 56,631 56,631 - 56,631 39,659 - 16,972 99246 AmeriCorps 2013 270,606 270,606 - 270,606 242,821 - 27,785 99247 2012 RRT - Invest Cost Recovery 45,672 45,672 - 45,672 45,735 - (63) 99248 2012 Report Review Team Program 60,658 60,658 - 60,658 60,658 - - 99250 Americorps 2012 255,481 255,481 - 255,481 243,885 - 11,596 99252 CATFHT Enhancement Program 346,159 346,159 - 346,159 342,673 - 3,486 99264 School Resource Officers 1,175,899 1,485,964 - 1,485,964 1,384,739 - 101,225 99279 Police Recruitments 65,155 65,155 - 65,155 53,107 - 12,048 99281 Fed Forfeitures - Treasury 148,282 150,433 - 150,433 120,171 - 30,262 99316 Police Volunteers 115,421 125,421 - 125,421 113,822 - 11,599 99317 Police Education Fund 1,189,054 1,198,537 11,234 1,209,771 1,111,624 - 98,147 3 99325 Citizen's Police Academy 39,113 39,113 - 39,113 30,356 - 8,757 99329 Investigative Recovery Costs 1,854,739 1,910,994 28,057 1,939,051 1,546,306 1,390 391,355 4 99330 FL Contraband Forfeiture Fnd 1,167,440 1,072,589 99,520 1,172,109 606,647 - 565,462 5 99331 Law Enforcement Trust Fund 2,636,910 2,637,587 684 2,638,271 2,574,885 - 63,386 6 99350 Vehicle Replacement Fund 218,547 232,715 4,293 237,008 32,257 - 204,751 7 99356 Safe Neighborhood Program 575,046 640,046 - 640,046 571,666 2,500 65,880 99364 Crime Prevention Program 24,204 24,204 - 24,204 23,642 - 562 99387 Federal Forfeiture Sharing 1,550,306 1,651,286 1,482 1,652,769 1,257,895 308 394,566 8 Sub-Total 12,076,641 12,672,815 195,282 12,868,098 10,472,927 27,174 2,367,997 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99604 Relocation/Demolition 2012 36,098 36,098 - 36,098 8,809 - 27,289 99643 Relocation/Demolition 2011 8,165 8,165 - 8,165 7,475 - 690 99646 NSP2 Administration 200,088 200,088 - 200,088 113,519 - 86,569 99730 Public Facilities 2013 794,243 794,243 - 794,243 280,334 355,543 158,366 99731 Economic Development 2013 45,000 45,000 - 45,000 4,040 - 40,960 99732 Housing Rehab 2013 317,805 317,805 - 317,805 158,922 - 158,883 99733 Program Administration 2013 143,999 143,999 - 143,999 143,999 - - 99735 Infill Housing 2013 25,000 25,000 - 25,000 13,415 - 11,585 99736 Public Services 2013 127,799 127,799 - 127,799 127,474 325 - 99737 Public Facilities 2014 114,000 114,000 - 114,000 - 114,000 - 99738 Economic Development 2014 10,000 10,000 - 10,000 2,860 - 7,140 99739 Housing Rehab 2014 234,437 292,568 - 292,568 56,231 - 236,337 99740 Program Administration 2014 136,799 151,297 - 151,297 71,414 - 79,883 99741 Relocation/Demolition 2014 - - - - - - - 99742 Infill Housing 2014 60,000 60,000 - 60,000 3,992 - 56,008 99743 Public Services 2014 128,759 128,620 - 128,620 77,672 46,106 4,842 99744 Economic Development Incentives - 30,000 262,500 292,500 - - 292,500 9 Sub-Total 2,497,191 2,599,681 262,500.00 2,862,181 1,119,490 515,974 1,226,717 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 423,622 426,257 - 426,257 163,019 - 263,238 99562 HUD Special Education 30,000 30,000 - 30,000 27,000 - 3,000 Sub-Total 453,622 456,257 - 456,257 190,019 - 266,238 MARINE 99704 Sembler Mitigation Project 684,891 690,456 - 690,456 134,480 - 555,976 Sub-Total 684,891 690,456 - 690,456 134,480 - 555,976 30 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2013 to March 31, 2014 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2013 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 225,733 - 974,267 99844 United Way 6,080 6,080 - 6,080 5,579 - 501 99846 Economic Development - QTI 85,729 85,729 - 85,729 52,116 - 33,613 99860 Strategic Direction Action Plan - 250,000 - 250,000 6,900 13,150 229,950 99863 Pension Changes 200,000 200,000 - 200,000 167,905 - 32,095 99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192 99865 Special Events 1,331,676 1,733,132 613,495 2,346,627 1,882,592 132,688 331,347 10 99867 Centennial Celebration 150,000 150,000 - 150,000 - - 150,000 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 106,301 106,301 - 106,301 92,676 - 13,625 99871 State Brownfields Redevelopment Acct 164,726 164,849 - 164,849 126,944 14,038 23,867 99872 Coordinated Child Care - Ross Norton 574,216 749,216 - 749,216 387,595 260 361,361 99908 Police - Outside Duty 7,797,189 8,092,032 228,394 8,320,426 8,379,800 - (59,374) 11 99910 Library Special Account 732,441 742,613 557 743,170 675,176 - 67,994 12 99925 Peg Access Support 838,261 838,261 - 838,261 796,977 - 41,284 99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 96,737 96,737 - 96,737 72,686 - 24,051 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,233,420 1,244,430 10,638 1,255,068 677,855 - 577,213 13 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 99997 Main Library Field Trust 115,571 115,571 - 115,571 109,278 - 6,293 Sub-Total 20,602,336 21,744,940 853,084 22,598,024 17,291,438 160,136 5,146,450 TOTAL ALL PROJECTS 36,604,182 38,453,649 1,310,866 39,764,516 29,358,739 703,284 9,702,493 31 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2013/14 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 928,000 Mid year amendments to Special Development Fund revenues reflect a net increase of $928,000. Amendments include:1)an allocation of $750,000 in Sales Tax Infrastructure revenues to capital project 315-93272,Bicycle Path/Bridges.This previously approved funding is being advanced from fiscal year 2015/16 into the current year as approved by the Council on May 15,2014;2)an allocation of $100,000 in Sales Tax Infrastructure revenues to capital project 315-94882,Rehabilitation of Airpark Hangar C as approved by the council on May 1,2015;and 3)an allocation of $78,000 of Recreation Land Impact Fees to project 315-93272,Bicycle Path/Bridges as approved by the Council on April 16, 2014. 928,000$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 828,000 Mid year expenditure amendments reflect the following:1)a transfer of $750,000 in Sales Tax Infrastructure revenues to capital project 315-93272, Bicycle Path/Bridges as approved by the Council on May 15,2014;2)a transfer of $100,000 in Sales Tax Infrastructure revenues to capital project 315-94882, Rehabilitation of Airpark Hangar C as approved by the council on May 1,2015;3)a transfer of $78,000 of Recreation Land Impact Fees to project 315-93272, Bicycle Path/Bridges as approved by the Council on April 16,2014;and 4)the return of $100,000 in Transportation Impact Fee revenue from capital project 315-92562, Intersection Improvements. 828,000$ Net Expenditure Amendments 32 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2013- March 31, 2014 Third Quarter: October 1, 2013 - June 30, 2014 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2013/14 2013/14 2013/14 Amendments SPECIAL DEVELOPMENT FUND SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 1,823,650 1,823,650 1,823,650 Infrastructure Tax 8,632,540 8,632,540 8,632,540 Interest Earnings 35,000 35,000 35,000 Open Space Fees 20,000 20,000 20,000 Recreation Facility Impact Fees 25,000 25,000 25,000 Recreation Land Impact Fees 25,000 25,000 25,000 Transportation Impact 125,000 125,000 125,000 Local Option Gas Tax 1,400,000 1,400,000 1,400,000 Allocation of Assigned Fund Balance 1,100,190 1,600,190 2,528,190 928,000 13,186,380 13,686,380 14,614,380 928,000 Expenditures: Transfer to Capital Improvement Fund Road Millage 1,823,650 1,823,650 1,823,650 Infrastructure Tax 8,831,680 9,331,680 10,181,680 850,000 Recreation Land Impact Fees - - 78,000 78,000 Transportation Impact fees 290,000 290,000 190,000 (100,000) Local Option Gas Tax 1,409,990 1,409,990 1,409,990 Developer Contributions - Public Art - - - Unassigned Fund Balance - - - - Infrastructure Tax - Debt on Internal Loans 726,060 726,060 726,060 13,081,380 13,581,380 14,409,380 828,000 33 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2013- March 31, 2014 Third Quarter: October 1, 2013 - June 30, 2014 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2013/14 2013/14 2013/14 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 970,480 970,480 970,480 Interest Earnings 50,000 73,335 73,335 Grant Funds - 211,737 263,557 51,819 Other Governmental Revenue - 175,000 176,167 1,167 Police Fines and Court Proceeds - 192,371 337,087 144,716 Donations - 15,342 16,534 1,192 Sales - 284,814 843,260 558,447 Rentals - 12,721 18,395 5,674 Sponsorships - 39,459 51,959 12,500 Memberships/Registrations - 4,100 6,000 1,900 Contractual Services - 523,589 794,540 270,951 Transfers from General Fund - 367,000 629,500 262,500 Sister City Program 3,000 3,000 3,000 Special Events 70,000 70,000 70,000 1,093,480 2,942,948 4,253,814 1,310,866 Expenditures: CDBG/Home Funds 970,480 970,480 970,480 Planning - - - Public Safety - 596,174 791,456 195,282 Community Development - 102,490 364,990 262,500 Social Services - 2,635 2,635 Marine - 5,565 5,565 Sister City Program 3,000 3,000 3,000 Special Event Funding 70,000 70,000 70,000 Other Miscellaneous Programs - 1,142,603 1,995,687 853,084 1,043,480 2,892,948 4,203,814 1,310,866 34 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2013 / 14 35 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/07/14 Administrative Change Order #1 – Marshall Street WRF Clarifier Rehabilitation Project (11-0053-UT). This change order is needed to decrease owner direct purchases (ODP), reflect sales tax savings, adjust quantities according to field conditions, and add 59 days to the contract. These adjustments net a decrease to the contract price. Wharton-Smith, Inc. (445,521.42) 03/07/14 Administrative Change Order #2 and final – Town Pond Modifications Stormwater Improvements (11-0008-EN). This change order is needed for final increases and decreases in line items according to field conditions resulting in a net decrease to the contract. Pepper Contracting Services, Inc. (2,653.23) 04/03/14 Administrative Change Order #1 and final – South Gulfview Blvd Drainage Improvements (11-0019-EN). This change order is needed for final increases and decreases in line items according to field conditions resulting in a net decrease to the contract. Steve’s Excavating & Paving, Inc. (37,660.19) 04/03/14 Administrative Change Order #2 and final – Druid Trail Walkway, Phase 3 (04- 0021-PR). This change order is needed for final increases and decreases in line items according to field conditions resulting in a net decrease to the contract. RAM Excavating, Inc. (54,749.19) 04/08/14 Administrative Change Order #3 and final – Myrtle/Seminole Stormwater Improvements (10-0035-EN). This change order is needed for final increases and decreases in line items according to field conditions resulting in a net decrease to the contract. Kamminga & Roodvoets, Inc. (116,665.26) 04/11/14 Administrative Change Order #1 and final – Tropic Hills Stormwater Outfall Project, Phase III (11-0040-EN). This change order is needed for final increases and decreases in line items according to field conditions resulting in a net decrease to the contract. Steve’s Excavating & Paving, Inc. (183,579.34) City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2013 / 14 36 04/21/14 Administrative Change Order #1 and final – Gulf Blvd Force Main Repair (07- 0025-UT). This change order is needed for final increases and decreases in line items according to field conditions and to add 48 days to the contract. These adjustments result in a net increase to the contract. Rowland, Inc. 18,474.07 05/28/14 Administrative Change Order #1 and final – Pier 60 Refurbishment (11-0046- MA). This change order is needed for final increases and decreases in line items according to field conditions resulting in a net decrease to the contract. Biltmore Construction Co., Inc. (134,491.76) Ordinance No. 8571-14 37 ORDINANCE NO. 8571-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2014, for operating purposes, including debt service, was adopted by Ordinance No. 8476-13; and WHEREAS, at the Mid Year Review it was found that an increase of $4,176,601 is necessary for revenues and an increase of $3,752,379 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8476-13 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2013 and ending September 30, 2014 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A EXHIBIT A 2013-14 BUDGET REVENUE 2013-14 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2013/14 2013/14 2013/14 Amendments General Fund: Ad Valorem Taxes 36,453,700 36,453,700 36,453,700 Utility Taxes 13,588,250 13,588,250 13,588,250 Local Option, Fuel & Other Taxes 8,260,650 8,260,650 8,260,650 Franchise Fees 10,163,930 10,163,930 10,163,930 Other Permits & Fees 1,985,700 1,985,700 1,985,700 Intergovernmental Revenues 19,068,590 19,083,109 19,127,553 44,445 Charges for Services 13,663,630 13,777,260 13,893,260 116,000 Judgement, Fines & Forfeitures 996,150 996,150 996,150 Miscellaneous Revenues 1,521,370 1,521,370 1,667,410 146,040 Transfers In 7,798,490 9,205,292 9,205,292 Other Financing Sources - - - Transfer from Reserves - 1,525,113 1,970,063 444,950 Total, General Fund 113,500,460 116,560,524 117,311,958 751,435 Special Revenue Funds: Special Development Fund 12,086,190 13,686,380 14,614,380 928,000 Special Program Fund 1,093,480 2,942,948 4,253,814 1,310,866 Utility & Other Enterprise Funds: Water & Sewer Fund 69,216,770 69,299,890 69,299,890 Stormwater Utility Fund 16,730,140 16,755,610 16,798,320 42,710 Solid Waste Fund 19,600,100 19,650,610 19,830,610 180,000 Gas Fund 39,351,450 42,577,360 43,502,360 925,000 Recycling Fund 2,728,000 3,158,730 3,089,230 (69,500) Airpark Fund 260,000 260,430 262,430 2,000 Marine Fund 4,676,270 4,682,020 4,706,590 24,570 Clearwater Harbor Marina 563,200 564,620 564,620 Parking Fund 4,630,000 4,689,680 4,689,680 Harborview Center Fund 48,250 48,250 48,250 Internal Service Funds: Administrative Services Fund 9,714,200 10,275,380 10,275,380 General Services Fund 4,712,510 4,733,380 4,720,040 (13,340) Garage Fund 13,540,500 13,556,870 13,651,729 94,859 Central Insurance Fund 20,736,490 23,724,160 23,724,160 Total, All Funds 333,188,010 347,166,841 351,343,442 4,176,601 38 Ordinance #8571-14 EXHIBIT A (Continued) EXHIBIT A (Continued) 2013-14 BUDGET EXPENDITURES 2013-14 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2013/14 2013/14 2013/14 Amendments General Fund: City Council 278,010 280,130 280,130 City Manager's Office 1,185,310 1,079,302 1,079,302 City Attorney's Office 1,592,530 1,598,560 1,704,600 106,040 City Auditor's Office 198,750 199,620 199,620 - Economic Development & Housing Svc 1,362,310 1,366,170 1,366,170 - Engineering 7,588,090 7,615,570 7,615,570 - Finance 2,190,560 2,172,930 2,172,930 - Fire 23,891,470 24,038,180 24,233,180 195,000 Human Resources 1,026,540 1,140,218 1,140,218 - Library 5,959,470 5,986,390 5,986,390 - Marine & Aviation 693,570 769,400 850,400 81,000 Non-Departmental 3,970,100 4,931,722 5,234,222 302,500 Office of Management & Budget 312,550 313,970 313,970 - Official Records & Legislative Svcs 1,200,750 1,204,660 1,204,660 - Parks & Recreation 21,135,600 21,306,682 21,364,132 57,450 Planning & Development 4,838,370 4,871,720 4,871,720 - Police 36,329,010 36,510,039 36,519,484 9,445 Public Communications 926,880 931,250 931,250 Public Utilities 244,010 244,010 244,010 Allocation to Reserves - - - Total, General Fund 114,923,880 116,560,524 117,311,958 751,435 Special Revenue Funds: Special Development Fund 13,081,380 13,581,380 14,409,380 828,000 Special Program Fund 1,043,480 2,892,948 4,203,814 1,310,866 Utility & Other Enterprise Funds: Water & Sewer Fund 67,727,960 67,811,080 67,811,080 Stormwater Utility Fund 16,156,510 16,181,980 16,224,690 42,710 Solid Waste Fund 18,971,240 19,118,250 19,140,250 22,000 Gas Fund 36,089,850 37,565,982 38,317,760 751,778 Recycling Fund 2,993,950 3,158,730 3,089,230 (69,500) Airpark Fund 183,100 183,530 192,530 9,000 Marine Fund 4,488,090 4,493,840 4,518,410 24,570 Clearwater Harbor Marina 503,230 504,650 504,650 Parking Fund 4,137,250 4,200,480 4,200,480 Harborview Center Fund 38,280 38,280 38,280 Internal Service Funds: Administrative Services Fund 10,101,630 10,137,810 10,137,810 General Services Fund 4,612,240 4,633,110 4,619,770 (13,340) Garage Fund 13,540,500 13,556,870 13,651,729 94,859 Central Insurance Fund 22,158,160 23,724,160 23,724,160 Total, All Funds 330,750,730 338,343,603 342,095,982 3,752,379 39 Ordinance #8571-14 40 Ordinance No. 8572-14 ORDINANCE NO. 8572-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014, TO REFLECT A NET INCREASE OF $2,723,088 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2014 was adopted by Ordinance No. 8477-13; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8477-13 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2013 and ending September 30, 2014, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr Mid Year Original Amended Amended Budget Budget Budget 2013/14 2013/14 2013/14 Amendments Fire Protection 1,540,690 1,644,040 1,644,040 Major Street Maintenance 3,408,640 3,408,640 3,408,640 Sidewalk and Bike Trail 100,000 100,000 100,000 Intersections 435,000 435,000 335,000 (100,000) Parking 305,000 305,000 305,000 Miscellaneous Engineering 35,000 35,000 35,000 Park Development 1,060,000 1,801,272 3,136,593 1,335,321 Marine Facilities 488,000 487,914 487,914 Airpark Facilities 10,000 10,000 10,000 Libraries 7,557,000 7,557,000 7,557,000 Garage 5,911,100 5,911,100 5,911,100 Maintenance of Buildings 441,910 441,996 484,706 42,710 Miscellaneous 1,055,000 1,055,000 1,755,000 700,000 Stormwater Utility 5,111,570 6,211,570 6,211,570 Gas System 4,000,000 4,220,581 4,221,970 1,389 Solid Waste 540,000 540,000 540,000 Utilities Miscellaneous 20,000 20,000 162,000 142,000 Sewer System 7,602,000 7,608,965 8,352,608 743,643 Water System 4,745,000 4,745,000 4,603,025 (141,975) Recycling 60,000 60,000 60,000 TOTAL PROJECT EXPENDITURES 44,425,910 46,598,078 49,321,166 2,723,088 GENERAL SOURCES: General Operating Revenue 1,853,920 2,448,542 2,488,542 40,000 General Revenue/County Co-op 557,000 557,000 557,000 Road Millage 1,823,650 1,823,650 1,823,650 Penny for Pinellas 8,831,680 9,331,680 10,181,680 850,000 Transportation Impact Fee 290,000 290,000 190,000 (100,000) Local Option Gas Tax 1,409,990 1,409,990 1,409,990 Recreation Land Impact Fees 0 0 78,000 78,000 Special Program Fund 30,000 30,000 30,000 Grants - Other Agencies 100,000 100,000 600,000 500,000 Other Governmental 0 6,965 754,607 747,643 Property Owner's Share 0 8,199 9,588 1,389 Reimbursements 0 0 3,321 3,321 Interest Earned- Other 0 0 25 25 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 41 Ordinance # 8572-14 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2013/14 2013/14 2013/14 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 SELF SUPPORTING FUNDS: Marine Revenue 60,000 60,000 60,000 Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 10,000 10,000 10,000 Parking Revenue 315,000 315,000 315,000 Utility System: Water Revenue 3,625,000 3,625,000 3,625,000 Sewer Revenue 5,192,760 5,192,760 5,192,760 Water Impact Fees 12,000 12,000 12,000 Sewer Impact Fees 6,230 6,230 6,230 Utility R&R 3,420,010 3,420,010 3,420,010 Stormwater Utility Revenue 5,111,570 5,111,570 5,154,280 42,710 Gas Revenue 4,000,000 3,962,382 3,962,382 Solid Waste Revenue 540,000 540,000 540,000 Recycling Revenue 60,000 60,000 60,000 Grants - Other Agencies 0 1,100,000 1,660,000 560,000 INTERNAL SERVICE FUNDS: Garage Revenue 121,100 121,100 121,100 Administrative Services Revenue 700,000 700,000 700,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 240,000 240,000 240,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 60,000 60,000 60,000 Lease Purchase - Sewer 51,000 51,000 51,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,590,000 5,590,000 5,590,000 Lease Purchase - Administrative Services 400,000 400,000 400,000 TOTAL ALL FUNDING SOURCES:44,425,910 46,598,078 49,321,166 2,723,088 42 Ordinance # 8572-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-208 Agenda Date: 6/16/2014 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Authorize the negotiated sale of not to exceed $5,475,000 Gas System Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-20. SUMMARY: Currently there is outstanding $5,325,000 par value of Gas System Revenue Refunding Bonds, Series 2005, with maturities in years 2015 - 2025 and interest rates ranging from 3.70% to 4.375% that are callable on September 1, 2014. Current bond market conditions present an opportunity to refinance these bonds to achieve a present value savings of approximately $624,375 (11.73%). The City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5%.” In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A comparable bond transaction would have yielded only approximately a 6.5% savings. This resolution authorizes the negotiated sale of not to exceed $5,475,000 par value at an interest rate of 2.67% of Gas System Revenue Refunding Bonds, Series 2014, to TD Bank, N.A., the firm submitting the most favorable response to the RFP. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 {25341/012/00884820.DOCv7}Resolution No. 14-__ RESOLUTION NO. 14-20 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $5,475,000CITY OF CLEARWATER, FLORIDA GAS SYSTEM REVENUE REFUNDING BOND, SERIES 2014; AWARDING THE SALE THEREOF TOTD BANK, N.A.; APPOINTING AN ESCROW AGENT; APPOINTING A PAYING AGENT AND REGISTRAR; APPROVING THE FORM OF ESCROW DEPOSIT AGREEMENT;PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BOND; RATIFYING THE EXECUTION AND DELIVERY OF THE INTEREST RATE LOCK AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1991, the City Councilof the City of Clearwater, Florida (the "City") enacted Ordinance No. 5118-91 (the "Original Ordinance") to provide forthe issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and WHEREAS, on April 21, 2005, the City enacted Ordinance No. 7423-05 (together with the Original Ordinance, the "Bond Ordinance") which authorized the issuance of the City of Clearwater, Florida, Gas System Revenue [Refunding]Bonds, Series[to be determined], as Additional Parity Obligations under the Original Ordinance; and WHEREAS, the City by this Resolution intends to provide for the issuance of its not to exceed $5,475,000City of Clearwater, Florida Gas System Revenue Refunding Bond, Series 2014 (the "Series 2014Bond") as an Additional Parity Bond to currently refund a portion of the City's outstanding Gas System Revenue Refunding Bonds, Series 2005(the "Refunded Bonds"); and WHEREAS, it is in the best interest of the City to provide for the negotiated sale ofthe not to exceed$5,475,000Series 2014Bond; and WHEREAS, the Cityissued a request for proposals ("RFP") to bankingand other institutions on April 16, 2014, and received responses thereto on May 16, 2014;and WHEREAS, the Citynow desires to approve the issuance and sale of its Series 2014Bondpursuant to the RFPto TD Bank, N.A. (the "Bank"), the respondent who provided the most favorableresponse to the RFP, to ratify the execution and delivery of an Interest Rate Lock Agreement between the Bank and the Citydated May 22, 2014 (the "Interest Rate Lock Agreement") and to take certain other actions in connection with the issuance and sale of the Series 2014Bond; and WHEREAS, the Citywill be provided all applicable disclosure information by the Bankas required by Section 218.385, Florida Statutes; and {25341/012/00884820.DOCv7}Resolution No. 14-20 2 WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the Bond Ordinance, and all capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida, theBond Ordinance and other applicable provisions of law. Aseries of the Gas System Revenue Refunding Bondsauthorized by the Bond Ordinance ishereby authorized to be issued in a principal amount of not to exceed $5,475,000pursuant to this Resolution, with such bond hereby designated as Series 2014. The Series 2014Bond authorized by this Resolution is hereby authorized to be issued as an Additional Parity Obligation under the Bond Ordinance. The issuance of the not to exceed $5,475,000Series 2014Bondby the City is hereby approved upon the terms and conditions set forth in the Bond Ordinance and this Resolution. The current refunding of the Refunded Bondswith a redemption date of September 1, 2014 is hereby authorized, to be paid in part with the proceeds of the Series 2014Bond herein authorized. The City Manageror in his absence an Assistant City Manager,and Finance Director are hereby authorized and directed to provide irrevocable directions to defease and redeem the Refunded Bonds. The provisions of the Bond Ordinance shall be fully applicable to the Series 2014 Bond and all of the covenants contained in the Bond Ordinance shall be applicable to the Series 2014Bond. SECTION 2. It is in the best interest of the Cityand the residents and inhabitants thereof that the Series 2014Bondbe issued as a fully certificated bond to the Bank. SECTION 3. Due to the critical importance of the timing of the sale of the Series 2014 Bond and due to the willingness ofthe Bankto purchase the Series 2014Bondat a rate favorable to the City, it is hereby determined that it is in the best interest of the public and the Cityto sell the Series 2014Bondat a negotiated sale. The Cityhas received an offer from the Bankto purchase the Series 2014Bond subject to the terms and conditions set forth in the Bank's Term Sheetdated May 16, 2014 and the Interest Rate Lock Agreement (collectively, the "Term Sheet"), attached hereto collectively as Exhibit A,which Term Sheetis hereby accepted by the Citywith certain modifications as provided herein and in the Series 2014 Bond.The execution and delivery by the City of the Interest Rate Lock Agreement is hereby ratified. The Series 2014Bondishereby sold and awarded to the Bankat the price of par, and the Mayor, or in his absence the Vice-Mayor,and the City Manager, or in his absence an AssistantCity Manager,are hereby authorized to execute and deliver the {25341/012/00884820.DOCv7}Resolution No. 14-20 3 Series 2014Bondsubstantially in the form attached hereto as Exhibit Battested by the City Clerk and approved as to form and legal sufficiency by the City Attorney, receive the purchase price therefor and apply the proceeds thereof to the refunding of the Refunded Bondsas provided herein, without further authorityfrom this body. The Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, are authorized to make any and all changes on the form of the Series 2014Bond which shall be necessary to conform the same tothe Term Sheet. Execution of the Series 2014 Bond by the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, shall be conclusive evidence of their approval of the form of the Series 2014Bond The Series 2014 Bond shall be payable solely as provided herein. Prior to purchase of the Series 2014Bond, the Bankshall execute a Purchaser's Certificate attached hereto as Exhibit C. The disclosure letter as required by Chapter 218, Florida Statutes is attached hereto as Exhibit D. In connection with the transfer of theSeries 2014Bond to a subsequent holder except for an affiliate of the Bank, such successor holder shall deliver to the City a Purchaser’s Certificate substantially in the form attached hereto as Exhibit Cprior to such Series 2014Bond being registered in the name of such successor holder. For purposes of this provision "affiliate"shall mean, as to any person, any other person that directly, or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such person.For the purposes of this definition, "Control" shall mean the power, directly or indirectly, either to (i) vote 5% or more of the securities having ordinary voting power for the election of directors (or persons performing similar functions) of a person or (ii) direct or cause the direction of the management and policiesof a person, whether through the ability to exercise voting power, by control or otherwise.The terms "Controlled by" and "under common Control with" have the meanings correlative thereto. SECTION 4. The Series 2014Bondshall be issued in fully registered form; shall be dated as of its date of initial issuance; shall be numbered; shall be in a single denomination equal tothe principal amount thereofwhich principal amount shall not exceed $5,475,000 and shall be determined by the City Manager or AssistantCity Manager and the Mayor prior to the issuance thereof; shall mature on September 1, 2027; shall bear interest at the rate of 2.67%(the "Interest Rate"), subject to the provisionsof Section 8hereof; and such interest to be payable semi-annually on the first (1st) day of each March and September commencing on September1, 2014. Interest shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. On the date of the issuance of the Series 2014 Bond, the Cityshall receive the proceeds thereofand deposit the same to pay costs of issuance of the Series 2014 Bond and to refund the Refunded Bonds inaccordance with the Escrow Deposit Agreement. The Series 2014 Bond shall be subject to optional redemption in whole or in part prior to its maturity date, upon two Business Days prior written notice (i) on any Business Day (hereafter defined) prior to the fifth (5th) anniversary of the dated date of the Series 2014 Bond at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption plus the Prepayment {25341/012/00884820.DOCv7}Resolution No. 14-20 4 Fee, as defined below, and (ii) on any Business Day on or after the fifth (5th) anniversary of the dated date of the Series 2014 Bond at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. "Business Day" shall mean any day other than a Saturday or Sunday or any day on which the Bank is lawfully closed. "Prepayment Fee" shall mean, a fee equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the remaining term of the Series 2014 Bond, and (ii) the Yield Maintenance Fee. The "Yield Maintenance Fee" shall be computed as follows: the current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent yield) with a maturity date closest to the remaining term of the Series 2014 Bond, shall be subtracted from the Interest Rate, or Default Rate (hereinafter defined) if applicable. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the scheduled outstanding principal balance for each remaining monthly period of the remaining term of the Series 2014 Bond. Each resulting amount shall be divided by 360 and multiplied by the number of days in the monthly period. Said amounts shall be reduced to present values calculated by using the above referenced current costs of funds divided by 12. The resulting sum of present values shall be the Yield Maintenance Fee. The Series 2014Bondissubject to mandatory redemption from Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date on the dates and in the amounts as provided in the Series 2014 Bond as approved by the City Manager or Assistant City Manager and the Mayor prior to the issuance thereof, execution of the Series 2014 Bond to be conclusive evidence of such approval. Notwithstanding the foregoing, for so long as the Series 2014Bondisowned by the Bank, the principal of, redemption price and interest on the Series 2014Bondshall be payable to the Bankon the respective principal and interest payment dates through ACH direct transfer to the Bank, and upon transfer of the Series 2014Bond to a subsequent holder, at such address as is provided by such subsequent holderin writing to the Citywithout presentation of the Series 2014Bond. SECTION 5. The Series 2014Bondshall be issued under and secured by the Bond Ordinance on a parity with the Parity Bonds and any Additional Parity Obligations hereafter issued and shall be executed and delivered by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, and the City Clerk upon the approval of the City Attorney asto form and legal sufficiency, in substantially the form set forth in the Bond Ordinanceand Exhibit Bhereto, with such additional changes and insertions therein as conform to the provisions of this Resolution {25341/012/00884820.DOCv7}Resolution No. 14-20 5 and such execution and delivery shall be conclusive evidence of the approval thereof by such officers. SECTION 6.U.S. Bank National Association, is hereby designated and authorized to serve as Escrow Agent for the Refunded Bonds. The Escrow Deposit Agreement is to be in substantially the form set forth in Exhibit Eattached hereto, together with such changes as shall be approved by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager,such approval to be conclusively evidenced by theirexecution thereof. The execution of the Escrow Deposit Agreement is hereby approved, and the execution of the Escrow Deposit Agreement by the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence anAssistant City Manager, is hereby authorized, to be attested by the City Clerk, the form of which to be approved by the City Attorney. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow Agent named therein appropriate documentation todemonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. SECTION 7. The City’s Finance Director is hereby appointed to serve as the Paying Agent and Registrar for the Series 2014Bond. SECTION 8. The interest rate payable on the Series 2014Bond shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the Prime Rate plus 4%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service or of the United States Treasury Department determining that interest payable on the Series 2014Bond is includable in the gross income of a Bondholder for Federal income tax purposes. No such decree, judgment, or action will be considered final for this purpose unless the City has been given written notice thereof and, if it is so desired by the Cityand is legally permissible, the Cityhas been afforded the opportunity to contest the same, at its own expense, either directly or in the name of the Bondholder, and until the conclusion of any appellate review, if sought. "Event of Default"shall mean" shall mean (a) an Event of Default under the Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or more covenants or agreements set forth in the Bond Ordinance or this Resolution, which default or non-compliance shall continue and not be cured within thirty (30) days from receipt by the City of notice of such default or non-compliance by the Holder. "Interest Rate"shall mean a per annum rate equal to2.67%, prior to a Determination of Taxability or an Event of Default. "Prime Rate" shall mean the per annum rate which TD Bank, N.A. announces from time to time to be its prime rate, as in effect from time to time. The prime rate is a {25341/012/00884820.DOCv7}Resolution No. 14-20 6 reference or benchmark rate, is purely discretionary and does not necessarily represent the lowest or best rate charged to borrowing customers. TD Bank, N.A. may make commercial loans or other loans at rates of interest at, above or below the prime rate. Each change in the prime rate shall be effective from and including the date such change is announced as being effective. "Taxable Period" shall mean the period of time commencing on the date that interest on the Series 2014Bond ceased to be excludable from gross income of the Holder thereof for federal income tax purposes and ending on the earlier of the date the Series 2014 Bond ceases to be outstanding orsuch adjustment is or longer applicable to the Series 2014 Bond. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Cityshall pay interest upon the unpaid principal balance of the Series 2014 Bondat the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred)the Interest Rate shall equal the Default Rate. In the event of a Determination of Taxability, the interest rate payable hereunder and under the Series 2014 Bondshall be subject to adjustment to the Taxable Rate, effective retroactively to the date on which such Determination of Taxability was made. In addition, upon a Determination of Taxability, the Cityagrees to pay to the Holder, subject to such Determination of Taxability,the Additional Amount upon demand. "Additional Amount" means (i) the difference between (a) interest on the Series 2014 Bond for the Taxable Period at a rate per annum equal to the Taxable Rate, and (b) the aggregate amount of interest paid on the Series 2014 Bond for the Taxable Period under the provisions of the Series 2014 Bond without considering the Determination of Taxability, plus (ii) any penalties and interest paid or payable by such Holder to the Internal Revenue Service by reason of such Determination of Taxability. SECTION 9. For purposes hereof, the Reserve Requirement (as defined in the Bond Ordinance) for the Series 2014Bondshall be $0.00, and the Series 2014Bond shall not be entitled to any security provided by any monies on deposit in the Reserve Account. SECTION 10. The City agrees with the holder of the Series 2014Bond to not change or amend the covenants set forth in Section 16 of the Original Ordinance in a manner that would adversely affect the rights and interestsof the holder of the Series {25341/012/00884820.DOCv7}Resolution No. 14-20 7 2014Bond without the written consent of such holderand shall not amend, in any respect, without the written consent of the Holder, Sections 16G and 16T of the Original Ordinance and the definitions of "Gross Revenues," "Net Revenues" and "Cost of Operation and Maintenance" as defined in Section 2 of the Original Ordinance. SECTION 11. The City covenants that it will maintain its solvency through the term of the Series 2014Bond to avoid an act of bankruptcy or the rearrangement, adjustment or readjustment of the obligations of the City under the provisions of any bankruptcy or moratorium laws or similar laws relating to or affecting creditor’s rights. SECTION 12. All prior resolutions of the Cityinconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 13. The Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, the FinanceDirector, the City Attorney and the City Clerk or any other appropriate officers of the Cityare hereby authorized and directed to execute any and all certifications or other instruments or documents required by the Resolution, the Term Sheet, the Escrow Deposit Agreementor any other document referred to above as a prerequisite or precondition to the issuance of the Series 2014Bondand any such representation made therein shall be deemed to be made on behalf of the City. In the event both the Mayor and the Vice-Mayorare unable to execute the documents related to the Series 2014Bond, then any other member of the City Councilshall be authorized to execute such documents with the full force and effect as if the Mayor orthe Vice-Mayorhad executed same. All action taken to date by the officers of the Cityin furtherance of the issuance of the Series 2014Bondis hereby approved, confirmed and ratified. SECTION 14. The proceeds received from the delivery of the Series 2014Bond, together with any other monies lawfully available therefor, shall be applied by the City simultaneously with the delivery of the Series 2014Bond to the Bank, as follows: (i)to the extent not paid from legally available funds of the City, an amount which shall pay the costs and expenses associated with the issuance of the Series 2014 Bond; and (ii)a sum specified in the Escrow Agreement that shall be sufficient, taking into account other legally available moneys of the City, if any, to pay the principal of, interest on and redemption premium, if any, on the Refunded Bonds, shall be deposited into the escrow account created under the Escrow Agreement (the "Escrow Account"). Simultaneously with the delivery of the Series 2014Bond, the City is authorized to transfer or cause to be transferred to the Escrow Account, moneys, if any, accumulated in any sinking and/or reserve funds which were intended to be used to pay debt service on the Refunded Bonds. {25341/012/00884820.DOCv7}Resolution No. 14-20 8 The proceeds of the Series 2014Bond shall be and constitute trust funds for the purposes hereinafter provided and there is hereby created a lien upon such monies, until deposited under the Escrow Agreement, in favor of the Holders of the Series 2014 Bond. SECTION 15. The City will submit to the Bank(i) the City’s audited annual financial statements within 210 days of the end of each fiscal year, (ii) the City's approved budget within 60 days after the final approval thereof, (iii) a certification from the Finance Director to the effect that, to his actual knowledge, the City is in compliance with all covenants contained in the Bond Ordinance and this Resolution within 90 days of the end of each fiscal year, and (iv) any other financial information the Bankmay reasonably request. SECTION 16. In the event a rating with respect to debt payable from the Net Revenues falls below BBB/Baa (or equivalent)or is no longer maintained by the City, the coverage requirement contained in Section 16(G) of the Original Ordinance (RATE ORDINANCE) shall be increased from 125% to 140% until such time as such rating is at least BBB/Baa (or equivalent)or the Series 2014 Bond is no longer outstanding. SECTION 17. To the extent permitted by law, the City knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury, with respect to any litigation or legal proceedings based on or arising out of this Resolution or the Series 2014Bond, including any course of conduct, course of dealings, verbal or written statement or actions or omissions of any party which in any way relates to the Series 2014Bond or this Resolution. SECTION18. The substantive laws of the State of Florida shall govern this Agreement. The parties hereto submit to the jurisdiction of Florida courts and agree that venue for any suit concerning this Resolutionshall be in Pinellas County, Florida. [Remainderof page intentionally left blank] {25341/012/00884820.DOCv7}Resolution No. 14-20 9 SECTION 19. This Resolution shall become effective immediately upon its adoption. Passed and adopted by the City Councilof the City of Clearwater, Florida, this 19th day of June, 2014. (SEAL)By: George N. Cretekos Mayor ATTEST: Rosemarie Call City Clerk Approved as to form: Pamela K. Akin City Attorney {25341/012/00884820.DOCv7}Resolution No. 14-20 A-1 EXHIBIT A TERM SHEET {25341/012/00884820.DOCv7}Resolution No. 14-20 B-1 EXHIBIT B FORM OF SERIES 2014BOND EXCEPT AS OTHERWISE PROVIDED IN RESOLUTION NO. 14-20 (THE "RESOLUTION"), ANY OWNER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN "ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATION D THEREUNDER. No. R-1 $___________ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER GAS SYSTEM REVENUE REFUNDING BOND, SERIES 2014 Dated InterestRate Maturity Date Date CUSIP 2.67%September 1, 2027 June 24, 2014 N/A Registered Owner:TD BANK, N.A. Principal Amount:______________________________________ and no/100 Dollars KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida (hereinafter called "City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at the per annum Interest Rate set forth above(as adjusted from time to time as hereinafter provided)until payment of such sum, such interest being payable semiannually on the first day of March and the first day of September of each year, commencing September 1, 2014. The principal of and premium, if any, on this Bond on the final amortization date or earlier date of redemption in full are payable upon presentation and surrender hereof on the date fixed for final maturity or earlier redemption at the principal office of theFinance Director of the City of Clearwater, Florida(the "Paying Agent") in Clearwater, Florida, or at the office designated for such payment of any successor thereof. The principal of and interest on this Bond, when due and payable, shall be paid through ACH direct transfer to the Registered Owner, and upon transfer of this Bond to a subsequent holder, by check or draft mailed to, or through ACH direct transfer to, the person in whose name this Bond is registered at such address as is provided by such subsequent holder in writing to the City without presentation (except upon final maturity {25341/012/00884820.DOCv7}Resolution No. 14-20 B-2 or earlier redemption in full) of this Bond as reflected on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the City shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Holder of this Bond notless than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on this Bond may, at the option of the owner of this Bond, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. The interest payable on this Bond shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the Prime Rate plus 4%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service or of the United States Treasury Department determining that interest payable on the Series 2014 Bond is includable in the gross income of a Bondholder for Federal income tax purposes. No such decree, judgment, or action will be considered final forthis purpose unless the City has been given written notice thereof and, if it is so desired by the Cityand is legally permissible, the Cityhas been afforded the opportunity to contest the same, at its own expense, either directly or in the name of the Bondholder, and until the conclusion of any appellate review, if sought. "Event of Default"shall mean" shall mean (a) an Event of Default under the Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or more covenants or agreements set forth in the Bond Ordinance or this Resolution, which default or non-compliance shall continue and not be cured within thirty (30) days from receipt by the City of notice of such default or non-compliance by the Holder. "Interest Rate"shall mean a per annum rate equal to2.67%, prior to a Determination of Taxability or an Event of Default. "Prime Rate" shall mean the per annum rate which TD Bank, N.A. announces from time to time to be its prime rate, as in effect from time to time. The prime rate is a reference or benchmark rate, is purely discretionary and does not necessarily represent the lowest or best rate charged to borrowing customers. TD Bank, N.A. may make {25341/012/00884820.DOCv7}Resolution No. 14-20 B-3 commercial loans or other loans at rates of interest at, above or below the prime rate. Each change in the prime rate shall be effective from and including the date such change is announced as being effective. "Taxable Period" shall mean the period of time commencing on the date that interest on the Series 2014 Bond ceased to be excludable from gross income of the Holder thereof for federal income tax purposes and ending on the earlier of the date the Series 2014 Bond ceases to be outstanding orsuch adjustment is no longer applicable to the Series 2014 Bond. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Cityshall pay interest upon the unpaid principal balance of thisBondat the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and upon and during the continuance of an Event of Default (notwithstanding thata Determination of Taxability has also occurred)the Interest Rate shall equal the Default Rate. In the event of a Determination of Taxability, the interest rate payable hereunder shall be subject to adjustment to the Taxable Rate, effective retroactively to the date on which such Determination of Taxability was made.In addition, upon a Determination of Taxability, the Cityagrees to pay to the Holder subject to such Determination of Taxability the Additional Amount upon demand. "Additional Amount" means (i) the difference between (a) interest on the Series 2014 Bond for the Taxable Period at a rate per annum equal to the Taxable Rate, and (b) the aggregate amount of interest paid on the Series 2014 Bond for the Taxable Period under the provisions of the Series 2014 Bond without considering the Determination of Taxability, plus (ii) any penalties and interest paid or payable by such Holder to the Internal Revenue Service by reason of such Determination of Taxability. This Bond is the duly authorized Gas System Revenue Refunding Bond, Series 2014(the "Bond") in the principal amount of $_________issued to refund and redeem on September1, 2014, the Outstanding principal amount of the City’s Gas System Revenue Refunding Bonds, Series 2005,maturing on and after September 1, 2015 (the "RefundedBonds"), which are currently outstanding in the aggregate principal of $5,325,000, and (ii) to pay the costs of issuing this Bond in full compliance with the Constitution and laws of the State of Florida, including particularly Chapter166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No. 5118-91, enacted August 15, 1991, as amended and supplemented by Ordinance No. {25341/012/00884820.DOCv7}Resolution No. 14-20 B-4 7423-05, enacted April 21, 2005, (collectively, the "Bond Ordinance"), and Resolution No. 14-20, adopted on June 19, 2014, as supplemented (the "Resolution") and is subject to all the terms and conditions of such Bond Ordinanceand Resolution (collectively, the Bond Ordinance and Resolution are referred to herein as the "Ordinance"). It is providedin the Ordinance that the Bondof this issue will rank ona parity with the City's unrefunded Gas System Revenue Refunding Bonds, Series 2005, the Gas System Revenue Refunding Bonds, Series 2007, and Gas System Revenue Refunding Bonds, Series 2013 (collectively, the "Parity Bonds"). This Bond and the ParityBonds are payable solely from and secured by a first and prior lien upon and pledge of the Net Revenues, as defined in the Ordinance, which consists of the net revenues derived by the City from the operation of the System (the "Net Revenues") in the mannerprovided in the Ordinance. This Bond does not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or any political subdivision thereof, within the meaning of any constitutionalor statutory provisions. Neither the State of Florida nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of this Bond, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, except from the Net Revenues, in the manner provided herein. It is further agreed between the City and the Registered Holder of this Bond that this Bond and the indebtednessevidenced hereby shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues, in the manner provided in the Ordinance. This Bond shall be subject to optional redemption in whole or in part prior to its maturity date, upon two Business Days prior written notice (i) on any Business Day prior to the fifth (5th) anniversary of the dated date of this Bond at a redemption price equal to the principalamount being redeemed together with interest accrued to the date of redemption plus the Prepayment Fee, as defined below, and (ii) on any Business Day on or after the fifth (5th) anniversary of the dated date of this Bond at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. "Prepayment Fee" shall mean, a fee equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the remaining term of thisSeries 2014 Bond, and (ii) the Yield Maintenance Fee. The "Yield Maintenance Fee" shall be computed as follows: the current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to abond equivalent yield) with a maturity date closest to the remaining term of thisSeries 2014 Bond, shall be subtracted from the Interest Rate, or Default Rate (hereinafter defined) if applicable. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the {25341/012/00884820.DOCv7}Resolution No. 14-20 B-5 scheduled outstanding principal balance for each remaining monthly period of the remaining term of thisSeries 2014 Bond. Each resulting amount shall be divided by 360 and multiplied by the number of days in the monthly period. Said amounts shall be reduced to present values calculated by using the above referenced current costs of funds divided by 12. The resulting sum of present values shall be the Yield Maintenance Fee. This Bondis subject to mandatory redemption from Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on September 1, 2015 and on each September1 thereafter in the following principal amounts in the years specified: Date Principal Amount Date Principal Amount 2015 2022 2016 2023 2017 2024 2018 2025 2019 2026 2020 2027 2021 In and by the Ordinance, the City has covenanted and agreed with the Registered Holder of this Bond that it will fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of all costs of operation and maintenance of the System in such year and all reserve and other payments provided for in the Ordinance and 125% of the bond service requirement due in such year on this Bond, and on all other obligations payable on a parity therewith, and that such fees, rates, rentals and other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes. The City has entered into certain further covenants with the Holder of this Bondfor the terms of which reference is made to the Ordinance. It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and Statutes of the State of Florida. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which bankinginstitutions in the city where the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. {25341/012/00884820.DOCv7}Resolution No. 14-20 B-6 This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code -Investment Securities of the State of Florida. This Bondis issued in the form of a fully registered bond without coupons in the denomination of a single bond in the principal amount of $___________. Subject to the limitations and upon payment of the charges provided in the Ordinance, this Bond may be exchanged for a like principal amount of this Bond. This Bond is transferable by the Registered Holder hereof in person or by his attorney duly authorized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond will be issued to the transferee in exchange therefor. This Bond may be transferred upon the registration books upon delivery to the Registrar of this Bond, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by theRegistered Holder of this Bond to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bond, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond at the earliest practicable time in accordance with the provisions of the Ordinance. The City or the Registrar may charge the Registered Holder of such Bond for every such transfer or exchange of this Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Bond shall be delivered. The City may deem and treat the Registered Holder hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as requiredby the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bonddoes not violate any constitutional or statutory limitations or provisions. [Remainder of page left intentionally blank] {25341/012/00884820.DOCv7}Resolution No. 14-20 B-7 IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be executed by the manual signature of its City Manager or an Assistant City Managerand countersigned by the manualsignature of its Mayor, and its corporate seal to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by the signature of its City Clerk, as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) By: George N. Cretekos Mayor By: ___________________ [Assistant]City Manager ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:By: Rosemarie Call Pamela K. Akin City Clerk City Attorney {25341/012/00884820.DOCv7}Resolution No. 14-20 B-8 ASSIGNMENT FOR VALUE RECEIVED, the undersigned ________________________________ (the "Transferor"), hereby sells, assigns and transfers unto ________________________________ (Please insert name and Social Security or Federal Employer Identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints _________________________________ (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of the New York Stock Exchange or a commercial bank or a trust company. NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. {25341/012/00884820.DOCv7}Resolution No. 14-20 C-1 EXHIBIT C FORM OF PURCHASER CERTIFICATE Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: This Certificate is being executed and delivered by the undersigned as purchaser (the "Purchaser") to the City of Clearwater, Florida (the "City"), in connection with the issuance, sale and delivery of the City's Gas System Revenue Refunding Bond, Series 2014(the "Bond") to the Purchaser, in accordance with the terms of the Purchaser's Term Sheet to the City dated May16, 2014, being issued pursuant to Ordinance No. 5118-91(the "Original Ordinance"),and Ordinance No. 7423-05 (the "2005 Ordinance" and, together with the Original Ordinance, collectively, the "Bond Ordinance") and Resolution No. 14-20 (the "Resolution") for the purpose of currently refunding a portion of the City's Gas System Revenue Refunding Bonds, Series 2005(the "Refunded Bonds").Terms defined in the Resolution are used in this letter with the meanings assigned to them in the Bond Ordinance and the Resolution. The undersigned hereby represents, warrants and agrees to and with the City that: 1.The Purchaser is an accredited investor as such term is defined in the Securities Act of 1933, as amended,and Regulation D issued pursuant thereto, a principal part of whose business consists of buying securities such as the Bond. 2.The Purchaser has received copies of the Bond Ordinance and the Resolution and certain of the other documents or instruments being delivered in connection with the issuance of the Bond, and said documents are in form and substance satisfactory to the Purchaser and its counsel. 3.The Purchaser has conducted its own investigations, to the extent it deems satisfactory or sufficient,into matters relating to the business, properties, management, and financial position and results of operations of the City. 4.The Purchaser understands that the Bondis not registered under the Securities Act of 1933, as amended. The Purchaser is purchasing the Bond for its own account for investment and not with a view to, and with no present intention of, distributing or reselling the Bond or any portion thereof, providedthat the Purchaser reserves the right to transfer the Bond purchased or any interest therein at any time and in our sole discretion and, in the event that we so transfer the Bond, we assume the responsibility for complying with any applicable federal and state securities laws {25341/012/00884820.DOCv7}Resolution No. 14-20 C-2 provided, however, the Purchaser acknowledges that the registration of the Bond may only be transferred in whole. The Purchaser understands and agrees that the foregoing representations will be relied upon by the City in the issuance ofthe Bond. TD BANK, N.A. By: Name: Title: {25341/012/00884820.DOCv7}Resolution No. 14-20 D-1 EXHIBIT D FORM OF DISCLOSURE LETTER Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: 1.An itemized list setting forth the nature and estimated amounts of expenses to be incurred byTD Bank, N.A., as the original purchaser (the "Purchaser") in connection with the issuance of $______ in principal amount of the City of Clearwater, Florida Gas System Refunding Revenue Bond, Series 2014(the "Bond") is attached as Schedule I hereto. 2.No compensation was paid to any finders, as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Bond. 3.Underwriting fees in the amount of $0.00are expected to be realized in the sale of the Bond. 4.The Bondis being placed with the Purchaser, as the original purchaser thereof, and no management fee is being charged. 5.No other fee, bonus or other compensation is to be paid by the Purchaser in connection with the Bond issue to any person not regularly employed or retained by them, except for compensation of $________to Holland & Knight LLP, in itscapacity as counsel to the Purchaser, which amount is being paid by the City. 6.There were no underwriters involved in the placement of the Bondto the Purchaser. 7.(a)The City is proposing to issue $_______ aggregate principal amount of debt or obligations for the purpose of refunding a portion of the City's Gas System Refunding Revenue Bond, Series 2005. This debt or obligation is expected to be repaid over a period of approximately 13.25 years. At a forecasted true interest cost rate of _____%, total interest paid over the life of the debt or obligation will be $_______. (b)The source of repayment for this issue is the Gas System Revenues of the City. Authorizing this debt will result in approximately $____________of such revenues of the City not being available to finance other services of the City each year for 13.25 years. {25341/012/00884820.DOCv7}Resolution No. 14-20 D-2 We understand that you do not require any further disclosure from the Purchaser, pursuant to Section 218.385, Florida Statutes, as amended. TD BANK,N.A. By: Name: Title: {25341/012/00884820.DOCv7}Resolution No. 14-20 D-3 SCHEDULE I EXPENSES {25341/012/00884820.DOCv7} Resolution No. 14-20 E-1 EXHIBIT E FORM OF ESCROW DEPOSIT AGREEMENT This ESCROW DEPOSIT AGREEMENT, dated as of ________________, 2014, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the "City"), andU.S. BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, as Escrow Holder (the "Escrow Holder"); W I T N E S S E T H : WHEREAS, the Cityhas previously authorized and issued obligations of the City as hereinafter set forth defined as the "Refunded Bonds", as to which the Annual Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the Cityhas determined to provide for payment of the Annual Debt Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the provisions hereof, cash in an amount equal to the Annual Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the Cityhas authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2014Bond more fully described herein; and WHEREAS, the Cityhas determined that the amount to be on deposit from time to time in the Escrow Account, as defined herein, will be sufficient to pay the Annual Debt Service; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Cityand the Escrow Holder agree as follows (provided however that the Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any manner whatsoever for the recitals made herein or in the Ordinance, or the adequacy or sufficiency of the Escrow Requirement): Section 1. Definitions. As used herein, the following terms mean: (a)"Agreement" means this Escrow Deposit Agreement. (b)"Annual Debt Service" means, with respect to the redemption date for the Refunded Bonds, the principal of, premium, and interest on the Refunded Bonds coming due on the Call Date as shown on Schedule A attached hereto. (c)"Bond" or "Series 2014Bond" means the Gas System Revenue Refunding Bond, Series 2014of the City, authorized by the Ordinance, as herein defined. {25341/012/00884820.DOCv7} Resolution No. 14-20 E-2 (d)"Call Date" shall have the meaning set forth in the City's Irrevocable Instruction and Authorization to Redeem Bonds. (e)"Escrow Account" means the account established and held by the Escrow Holder pursuant to this Agreement, in which cash and investments will be held for payment of the Refunded Bonds. (f)"Escrow Holder" means U.S. Bank, National Association, a national banking association organized under the laws of the United States of America. (g)"Escrow Requirement" means, as of any date of calculation, the sum of an amount in cash in the Escrow Account whichwill be sufficient to pay, as theinstallments thereof become due, the Annual Debt Service. (h)"Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate executed by the Citywhich provides for redemption of certain of the Refunded Bonds on the Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs the Paying Agent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon upon surrender thereof at maturity or on their Call Date. (i)"City" means the City of Clearwater, Florida. (j)"Ordinance" means Ordinance No. 5118-91 enacted by the Cityon August 15, 1991, as amended and supplemented in Ordinance 7423-05, enacted on April 21, 2005, as amended and supplemented. (k)"Paying Agent" shall mean Wells Fargo Bank, N.A.,Paying Agent for the Refunded Bonds. (l)"Refunded Bonds" shall mean the City’s Gas System Revenue Refunding Bonds, Series 2005maturing on or after September 1, 2015. Section 2. Deposit of Funds. The Cityhereby deposits $_____________ with the Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow Holder and applied solely as provided in this Agreement. The City represents that: (a)Such funds are all derived as follows: (1)$_______________ from the net proceeds of the Bond; and (2)$_______________ transferred from other legally available funds of the City. {25341/012/00884820.DOCv7} Resolution No. 14-20 E-3 (b)Such funds, when applied pursuant to Section 3 below, will at least equal the Escrow Requirement as of the date hereof. Section 3. Use and Investment of Funds. The Escrow Holder acknowledges receipt of $______________ and agrees: (a)to hold the funds in irrevocable escrow during the term of this Agreement, and (b)to deposit the sum of $_____________of funds from the Debt Service Fund and $___________from the proceeds of the Bond, in cash from the amount received by the Cityin the Escrow Account,and,to hold such funds in cashuntil the Call Date. Section 4. Payment of Refunded Bonds. (a)Refunded Bonds. On the Call Date, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service coming due on such date, as shown on ScheduleA and as demonstrated on ScheduleBhereto. (b)Surplus. On the Call Date, after making the payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay to the Cityany remaining cash in the Escrow Account in excess of the Escrow Requirement, to be used for any lawful purpose of the City. (c)Priority of Payments. The holders of the Refunded Bonds shall have an express first lien on the funds in the Escrow Account until such funds are used and applied as provided in this Agreement. If the cash on hand in the EscrowAccount is ever insufficient to make the payments required under Subsection 4(a), all of the payments required under Subsection 4(a) shall be made when due before any payments shall be made under Subsections 4(b). (d)Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder acknowledges receipt of its fees to serve as Escrow Holder in the amount of $______ and agrees to invoice the Cityfor reimbursement of any out of pocket expenses incurred by the Escrow Holder in performing its services hereunder, and further acknowledges that the Escrow Holder does not have a lien on or claim against any funds held hereunder for reimbursement of such expenses. Section 5. Reinvestment. The Escrow Holder shall have no power or duty to invest any funds held under this Agreement. Section 6. No Redemption or Acceleration of Maturity. Except as provided in the Irrevocable Instruction and Authorization to Redeem Bonds, the Citywill not accelerate the maturity or due date of the Refunded Bonds. {25341/012/00884820.DOCv7} Resolution No. 14-20 E-4 Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Account, the acceptance of the funds deposited therein, transfer or other application of money by the Escrow Holder in any non-negligent act, non-negligent omission or non-negligent error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to the Cityfor its negligent or willful acts, omissions or errors which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Holder shall be determined by the express provisions of this Agreement. The Escrow Holder may consult with counsel, who may or may not be counsel to the City, and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the City. The Escrow Holder has no duty to determine or inquire into the happening or occurrence ofany event or contingency where the performance or the failure of performance of the Citywith respect to arrangements or contracts with others, the Escrow Holder's sole duty and responsibility hereunder being to safeguard the Escrow Account and dispose ofand deliver the same strictly in accordance with this Agreement. Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and thereby become discharged from the duties and obligations hereby created, by notice in writing given to the Cityand published once in a newspaper of general circulation published in the territorial limits of the City, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such resignation shall take effect. Such resignation shall take effect immediately upon the appointment of a successor Escrow Holder hereunder and payments of all amounts due the resigning Escrow Holder. Section 9. Removal of Escrow Holder. (a)The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less than fifty-one per centum (51%) in aggregate principal amount of each series of RefundedBonds then outstanding, such instruments to be filed with the City, and notice in writing given by such holders to all of the registered holders of each series of the Refunded Bonds and published once in a newspaper of general circulation published in theterritorial limits of the City, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such removal is to take effect as stated in such instrument or {25341/012/00884820.DOCv7} Resolution No. 14-20 E-5 instruments. A photographic copy of any instrument filed with the Cityunder the provisions of this paragraph shall be delivered by the Cityto the Escrow Holder. (b)The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Holder, by the Cityor by the holders of not less than twenty- five per centum (25%) in aggregate principal amount of each series of the Refunded Bonds then outstanding. (c) No such removal shall take effect until a successor Escrow Holder shall be appointed hereunder. Section 10. Successor Escrow Holder. (a)If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved or otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department or board, the position of Escrow Holder shall thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Cityshall appoint a successor Escrow Holder to fulfill the duties of Escrow Holder hereunder. The Cityshall publish notice of any such appointment once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Cityand in a daily newspaper of general circulation or a financial journal published or circulatedin the Borough of Manhattan, City and State of New York, and, before the second publication of such notice shall mail a copy thereof to the original purchaser or purchasers of the Refunded Bonds. (b)At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of each series of Refunded Bonds then outstanding, by an instrument or concurrent instruments in writing, executed by all such bondholders andfiled with the governing body of the City, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the City. Photographic copies of each such instrument shall be delivered promptly by the City, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the bondholders. (c)If no appointment of a successor Escrow Holder shall be made pursuant to the foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or anyretiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. Section 11. Term. This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded Bonds have been paid and discharged {25341/012/00884820.DOCv7} Resolution No. 14-20 E-6 in accordance herewith, and all amounts held by the Escrow Holder hereunder have been applied in accordance herewith. Section 12. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the Cityor the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreements herein contained shall be null and void and shall be severed from the remaining covenants and agreements and shall in no way affect the validity of the remaining provisions of this Agreement. Section 13. Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as duplicate originals and shall constitute and be but one and the same instrument. Section 14. Governing Law. This Agreement shall be construed under the laws of the State of Florida. Section 15. Security for Accounts and Funds. All accounts and funds maintained or held pursuant to this Agreement shall be continuously secured in the same manner as other deposits of municipal funds are required to be secured by the laws of Florida. [Remainder of page intentionally left blank] {25341/012/00884820.DOCv7} Resolution No. 14-20 E-7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their official seals to be hereunto affixed as of the date first above written. CITY OF CLEARWATER, FLORIDA (SEAL) George N. Cretekos Mayor ATTEST: Rosemarie Call ____________________ City Clerk [Assistant]City Manager Approved as to Form, Sufficiency and Correctness: Pamela K. Akin City Attorney {25341/012/00884820.DOCv7} Resolution No. 14-20 E-8 U.S. BANK, NATIONAL ASSOCIATION, as Escrow Holder By: Name: Title: {25341/012/00884820.DOCv7} Resolution No. 14-20 E-9 Schedule A (Annual Debt Service; Description of Refunded Bonds) Series 2005Bonds Payment Date Principal Premium Interest Total Debt Service September 1, 2014 {25341/012/00884820.DOCv7} Resolution No. 14-20 E-10 Schedule B Escrow Cash Flow Date Principal Interest Disbursements Cash Balance {25341/012/00891973.DOCv2} CERTIFICATE AS TO PUBLIC MEETINGS AND NO CONFLICT OF INTEREST Each of the undersigned members of the City Council(the "City Council") of the City of Clearwater, Florida (the "Issuer"), recognizing that the purchasers of the not to exceed $5,475,000City of Clearwater, Florida Gas System Revenue Refunding Bond, Series 2014 (the "Series 2014 Bond"), will have purchased said Series 2014 Bond in reliance upon this Certificate, DOES HEREBY CERTIFY: (1)that he or she has no personal knowledge that any two or more members of the City Council, meeting together, reached any prior conclusion as to whether the actions taken by the City Council, with respect to said Series 2014 Bond, the security therefor and the application of the proceeds thereof, should or should not be taken by the City Councilor should or should not be recommended as an action to be taken or not to be taken by the City Council, except at public meetings of the City Councilheld after due notice to the public was given in the ordinary manner required by law and custom of the City Council; (2) that he or she does not have or hold any employment or contractual relationship with TD Bank, N.A. who is purchasing the Bond from the Issuer that could constitute a prohibited conflict of interest under Part III, Chapter 112, Florida Statutes. IN WITNESS WHEREOF, we have hereunto affixed our official signatures this 19th day of June, 2014. George N. Cretekos Doreen Hock-DiPolito Hoyt Hamilton Bill Jonson Jay Polglaze Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-209 Agenda Date: 6/16/2014 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Authorize the negotiated sale of not to exceed $5,500,000 Stormwater System Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-21. SUMMARY: Currently there is outstanding $5,350,000 par value of Stormwater System Revenue Refunding Bonds, Series 2005, with maturities in years 2015 - 2029 and interest rates ranging from 3.625% to 4.50% that are callable on November 1, 2014. Current bond-market conditions present an opportunity to refund these bonds to achieve a present value savings of approximately $545,625 (10.20%). The City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5%.” In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A comparable bond transaction would have yielded only approximately a 6.5% savings. This resolution authorizes the negotiated sale of not to exceed $5,500,000 par value at an interest rate of 2.72% of Stormwater System Revenue Refunding Bonds, Series 2014, to TD Bank, N.A., the firm submitting the most favorable response to the RFP. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/17/2014 {25341/013/00885146.DOCv6}Resolution No. 14-21 RESOLUTION NO. 14-21 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $5,500,000 CITY OF CLEARWATER, FLORIDA, STORMWATERSYSTEM REVENUE REFUNDING BOND, SERIES 2014; AWARDING THE SALE THEREOF TOTD BANK, N.A., APPOINTING AN ESCROW AGENT; APPOINTING A PAYING AGENT AND REGISTRAR; APPROVING THE FORM OF ESCROW DEPOSIT AGREEMENT;PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BOND; RATIFYING THE EXECUTION AND DELIVERY OF THE INTEREST RATE LOCK AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April15, 1999, the City Council of the City of Clearwater, Florida (the "City") enacted Ordinance No. 6378-99(the "Original Ordinance") to provide for the issuance of bonds payable from Net Revenues of the StormwaterSystem (as defined therein); and WHEREAS, on July 18, 2002, the City enacted Ordinance No. 6931-02(the "2002Ordinance") which amended the Original Ordinance, which 2002 Ordinance was amended by Ordinance No. 8419-13 enacted on June 6, 2013 (together with the Original Ordinanceand the 2002 Ordinance, the "Bond Ordinance")which authorized the issuance of the City of Clearwater, Florida, Stormwater System Revenue [Refunding] Bonds, Series [to be determined], as Additional Parity Obligations under the Original Ordinance; and WHEREAS, the City by this Resolution intends to provide for the issuance of its not to exceed $5,500,000City of Clearwater, Florida StormwaterSystem Revenue RefundingBond, Series 2014(the "Series 2014Bond") as an Additional Parity Obligationunder the Bond Ordinance to currently refund a portion of the City's outstanding StormwaterSystem Revenue Refunding Bonds, Series 2005(the "Refunded Bonds"); and WHEREAS, the Series 2014 Bond will be issued on a parity with the City's unrefunded Stormwater System Revenue Refunding Bonds, Series 2005, Stormwater System Revenue Refunding Bonds, Series 2012 and Stormwater System Revenue Refunding Bonds, Series 2013 (collectively, the "Parity Bonds"); and WHEREAS, it is in the best interest of the City to provide for the negotiated sale ofthe not to exceed$5,500,000Series 2014Bond; and WHEREAS, the Cityissued a request for proposals ("RFP") to banking and other institutions on April 16, 2014, and received responses thereto on May 16, 2014;and {25341/013/00885146.DOCv6}Resolution No. 14-21 2 WHEREAS, the Citynow desires to approve the issuance and sale of its Series 2014Bondpursuant to the RFPto TD Bank, N.A. (the "Bank"), the respondent who provided the most favorableresponse to the RFP, to ratify the execution and delivery of an Interest Rate Lock Agreement between the Bank and the Citydated May 22, 2014 (the "Interest Rate Lock Agreement") and to take certain other actions in connection with the issuance and sale of the Series 2014Bond; and WHEREAS, the Citywill be provided all applicable disclosure information by the Bank as required by Section 218.385, Florida Statutes; and WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the Bond Ordinance, and all capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida, the Bond Ordinance and other applicable provisions of law. Aseries of the StormwaterSystem Revenue Refunding Bonds authorized by the Bond Ordinance ishereby authorized to be issued in a principal amount of not to exceed $5,500,000pursuant to this Resolution, with such bond hereby designated as Series 2014. The Series 2014Bond authorized by this Resolution is hereby authorized to be issued as an Additional Parity Obligation under the Bond Ordinance. The issuance of the not to exceed $5,500,000 Series 2014Bondby the City is hereby approved upon the terms and conditions set forth in the Bond Ordinance and this Resolution. The current refunding of the Refunded Bonds with a redemption date of November 1, 2014is hereby authorized, to be paid in part with the proceeds of the Series 2014Bondherein authorized. The City Manageror in his absence an Assistant City Manager, and Finance Director are hereby authorized and directed to provide irrevocable directions to defease and redeem the Refunded Bonds. The provisions of the Bond Ordinance shall be fully applicable to the Series 2014 Bond and all of the covenants contained in the Bond Ordinance shall be applicable to the Series 2014Bond. For purposes hereof,the City acknowledges that the provisions of Section 21 of the Original Ordinance respecting the rights of a Bond Insurer to exercise the rights of a bondholder apply only as to the bonds insured by such Bond Insurerandshall not be applicable to the Series2014Bond as the Series 2014Bond is not insured by a Bond Insurer. SECTION 2. It is in the best interest of the Cityand the residents and inhabitants thereof that the Series 2014Bondbe issued as a fully certificated bond to the Bank. {25341/013/00885146.DOCv6}Resolution No. 14-21 3 SECTION 3. Due to the critical importance of the timing of the sale of the Series 2014 Bond and due to the willingness ofthe Bank to purchase the Series 2014Bondat a rate favorable to the City, it is hereby determined that it is in the best interest of the public and the Cityto sell the Series 2014Bondat a negotiated sale. The Cityhas received an offer from the Bank to purchase the Series 2014Bond, subject to the terms and conditions set forth in the Bank's Term Sheet dated May16, 2014and the Interest Rate Lock Agreement(collectively, the "Term Sheet"), attached hereto collectively as Exhibit A,which Term Sheet is hereby accepted by the Citywith certain modifications as provided herein and in the Series 2014 Bond.The execution and delivery by the City of the Interest Rate Lock Agreement is hereby ratified. The Series 2014Bondishereby sold and awarded to the Bank at the price of par, and the Mayor, or in his absence the Vice-Mayor,and the City Manager, or in his absence an Assistant City Manager, are hereby authorized to execute and deliver the Series 2014Bondsubstantially in the form attached hereto as Exhibit Battested by the City Clerk and approved as to form and legal sufficiency by the City Attorney, receive the purchase price therefor and apply the proceeds thereof to the refunding of the RefundedBonds as provided herein, without further authority from this body. The Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, are authorized to make any and all changes on the form of the Series 2014Bond which shall be necessary to conform the same to the terms hereof. Execution of the Series 2014 Bond by the Mayor, or in his absence the Vice-Mayor,and the City Manager, or in his absence an Assistant City Manager,shall be conclusive evidence of their approval of the form of the Series 2014Bond. The Series 2014 Bond shall be payable solely as provided herein. Prior to purchase of the Series 2014Bond, the Bank shall execute a Purchaser's Certificate attached hereto as Exhibit C. The disclosure letter as required by Chapter 218, Florida Statutes is attached hereto as Exhibit D. In connection with the transfer of theSeries 2014Bond to a subsequent holder except for an affiliate of the Bank, such successor holder shall deliver to the City a Purchaser’s Certificate substantially in the form attached hereto as ExhibitCprior to such Series 2014Bond being registered in the name of such successor holder. For purposes of this provision "affiliate"shall mean, as to any person, any other person that directly, or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such person.For the purposes of this definition, "Control" shall meanthe power, directly or indirectly, either to (i) vote 5% or more of the securities having ordinary voting power for the election of directors (or persons performing similar functions) of a person or (ii) direct or cause the direction of the management and policies of a person, whether through the ability to exercise voting power, by control or otherwise.The terms "Controlled by" and "under common Control with" have the meanings correlative thereto. SECTION 4. The Series 2014Bondshall be issued in fully registered form; shall be dated as of its date of initial issuance; shall be numbered; shall be in a single denomination equal tothe principal amount thereofwhich principal amount shall not exceed $5,500,000 and shall be determined by the City Manager or Assistant City Managerand the Mayor prior to the issuance thereof; shall mature on November 1, {25341/013/00885146.DOCv6}Resolution No. 14-21 4 2029;shall bear interest at the rate of 2.72%(the "Interest Rate"), subject to the provisionsof Section 8hereof; and such interest to be payable semi-annually on the first (1st) day of each Mayand November, commencing on November1, 2014. Interest shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. On the date of the issuance of the Series 2014 Bond, the Cityshall receive the proceeds thereofand deposit the same to pay costs of issuance of the Series 2014 Bond and to refund the Refunded Bonds inaccordance with the Escrow Deposit Agreement. The Series 2014Bond shall be subject to optional redemption in whole or in part prior to its maturity date, upon two Business Days priorwrittennotice(i) on any Business Day (hereafter defined) prior to the fifth (5th) anniversary of the dated date of the Series 2014 Bond at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption plus the Prepayment Fee, as defined below, and(ii) on any Business Day on or after the fifth (5th) anniversary of the dated date of the Series 2014Bondat a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. "Business Day" shall mean any day other than a Saturday or Sunday or any day on which the Bank is lawfully closed. "Prepayment Fee" shall mean, a fee equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the remaining term of the Series 2014 Bond, and (ii) the Yield Maintenance Fee. The "YieldMaintenance Fee" shall be computed as follows: the current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent yield) with a maturity date closest to the remaining term of the Series 2014 Bond, shall be subtracted from the Interest Rate, or Default Rate (hereinafter defined) if applicable. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the scheduled outstanding principal balance for each remaining monthly period of the remaining term of the Series 2014 Bond. Each resulting amount shall be divided by 360 and multiplied by the number of days in the monthly period. Said amounts shall be reduced to present values calculated by using the above referenced current costs of funds divided by 12. The resulting sum of present values shall be the Yield Maintenance Fee. The Series 2014Bondissubject to mandatory redemption from Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date on the dates and in the amounts as provided in the Series 2014 Bond as approved by the City Manager or Assistant City Managerand the Mayor prior to the issuance thereof, execution of the Series 2014 Bond to be conclusive evidence of such approval. {25341/013/00885146.DOCv6}Resolution No. 14-21 5 Notwithstanding the foregoing,for so long as the Series 2014Bondis owned by the Bank, the principal of, redemption price and interest on the Series 2014Bond shall be payable to the Bank on the respective principal and interest payment dates through ACH direct transfer to the Bank, and upon transfer of the Series 2014Bond to a subsequent holder, at such address as is provided by such subsequent holder in writing to the Citywithout presentation of the Series 2014Bond. SECTION 5. The Series 2014Bondshall be issued under and secured by the Bond Ordinance on a parity with the Parity Bonds and any Additional Parity Obligations hereafter issued and shall be executed and delivered by the Mayor, or in his absence the Vice-Mayor,the City Manager, or in his absence an AssistantCity Manager,and the City Clerk upon the approval of the City Attorney as to form and legal sufficiency, in substantially the form set forth in the Bond Ordinanceand Exhibit Bhereto, with such additional changes and insertions therein as conform to the provisions of this Resolution and such execution and delivery shall be conclusive evidence of the approval thereof by such officers. SECTION 6.U.S.BankNational Associationis hereby designated and authorized to serve as Escrow Agent for the Refunded Bonds. The Escrow Deposit Agreement is to be in substantially the form set forth in Exhibit Eattached hereto, together with such changes as shall be approved by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager,such approval to be conclusively evidenced by theirexecution thereof. The execution of the Escrow Deposit Agreement is hereby approved, and the execution of the Escrow Deposit Agreement by the Mayor, or in his absence the Vice-Mayorandthe City Manager, or in his absence an Assistant City Manager, is hereby authorized, to be attested by the City Clerk, the form of which to be approved by the City Attorney. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow Agent named therein appropriate documentation to demonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. SECTION 7. The City’s Finance Director is hereby appointed to serve as the Paying Agent and Registrar for the Series 2014Bond. SECTION 8. The interest rate payable on the Series 2014Bondshall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the Prime Rate plus 4%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final actionof the Internal Revenue Service or of the United States Treasury Department determining that interest payable on the Series 2014Bond is or was includable in the gross income of the Bondholder for Federal income tax purposes. No such decree, judgment, oraction will be considered final for this purpose, however, unless the City has been given written notice thereof and, if it is so desired by the City and is legally permissible, the City has been afforded the opportunity to contest the {25341/013/00885146.DOCv6}Resolution No. 14-21 6 same, at its own expense, either directly or in the name of the Bondholder, and until the conclusion of any appellate review, if sought. "Event of Default"shall mean (a) an Event of Default under the Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or more covenants or agreements set forth in the Bond Ordinance or this Resolution, which default or non-compliance shall continue and not be cured within thirty (30) daysfrom receipt by the City of notice of such default or non-compliance by the Holder. "Interest Rate"shall mean a per annum rate equal to2.72%, prior to a Determination of Taxability or an Event of Default. "Prime Rate" shall mean the per annum rate which TD Bank, N.A. announces from time to time to be its prime rate, as in effect from time to time. The prime rate is a reference or benchmark rate, is purely discretionary and does not necessarily represent the lowest or best rate charged to borrowing customers. TD Bank, N.A. may make commercial loans or other loans at rates of interest at, above or below the prime rate. Each change in the prime rate shall be effective from and including the date such change is announced as being effective. "Taxable Period" shall mean the period of time commencing on the date that interest on the Series 2014 Bond ceased to be excludable from gross income of the Holder thereof for federal income tax purposes and ending on the earlier of the date the Series 2014 Bond ceases to be outstanding orsuch adjustment is or longer applicable to the Series 2014 Bond. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Cityshall pay interest upon the unpaid principal balance of the Series 2014 Bondat the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred)the Interest Rate shall equal the Default Rate. In the event of a Determination of Taxability, the interest rate payable hereunder and under the Series 2014 Bond shall be subject to adjustment to the Taxable Rate, effective retroactively to the date on which such Determination of Taxability was made. In addition, upon a Determination of Taxability, the Cityagrees to pay to the Holder, subject to such Determination of Taxability,the Additional Amount upon demand. "Additional Amount" means (i) the difference between (a) interest on the Series 2014 {25341/013/00885146.DOCv6}Resolution No. 14-21 7 Bond for the Taxable Period at a rate per annum equal to the Taxable Rate, and (b) the aggregate amount of interest paid on the Series 2014 Bond for the Taxable Period under the provisions of the Series 2014 Bond without considering the Determination of Taxability, plus (ii) any penalties and interest paid or payable by such Holder to the Internal Revenue Service by reason of such Determination of Taxability. SECTION 9. For purposes hereof, the Reserve Requirement (as defined in the Bond Ordinance) for the Series 2014Bondshall be $0.00, and the Series 2014Bond shall not be entitled to any security provided by any monies on deposit in the Reserve Account. SECTION 10. The City agrees with the holder of the Series 2014 Bond to not change or amend the covenants set forth in Section 20of theOriginal Ordinance in a manner that would adversely affect the rights and interests of the holder of the Series 2014 Bond without the written consent of such holder and shall not amend, in any respect, without the written consent of the Holder, Sections 20(D)and 20(Q)of the Original Ordinance and the definitions of "Gross Revenues," "Net Revenues" and "Cost of Operation and Maintenance" as defined in Section 2 of the Original Ordinance. SECTION 11. All prior resolutions of the Cityinconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 12. The Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, the FinanceDirector, the City Attorney and the City Clerk or any other appropriate officers of the Cityare hereby authorized and directed to execute any and all certifications or other instruments or documents required by the Resolution, the Term Sheet, the Escrow Deposit Agreementor any other document referred to above as a prerequisite or precondition to the issuance of the Series 2014Bondand any such representation made therein shall be deemed to be made on behalf of the City. In the event both the Mayor and the Vice-Mayorare unable to execute the documents related to the Series 2014Bond, then any other member of the City Councilshall be authorized to execute such documents with the full force and effect as if the Mayor or the Vice-Mayorhad executed same. All action taken to date by the officers of the Cityin furtherance of the issuance of the Series 2014Bondis hereby approved, confirmed and ratified. SECTION 13. The proceeds received from the delivery of the Series 2014Bond, together with any other monies lawfully available therefor, shall be applied by the City simultaneously with the delivery of the Series 2014Bond to the Bank, as follows: (i)to the extent not paid from legally available funds of the City, an amount which shall pay the costs and expenses associated with the issuance of the Series 2014 Bond; and {25341/013/00885146.DOCv6}Resolution No. 14-21 8 (ii)a sum specified in the Escrow Agreement thatshall be sufficient, taking into account other legally available moneys of the City, if any, to pay the principal of, interest on and redemption premium, if any, on the Refunded Bonds, shall be deposited into the escrow account created under the Escrow Agreement (the "Escrow Account"). Simultaneously with the delivery of the Series 2014Bond, the City is authorized to transfer or cause to be transferred to the Escrow Account, moneys, if any, accumulated in any sinking and/or reserve funds which were intended to be used to pay debt service on the RefundedBonds. The proceeds of the Series 2014Bond shall be and constitute trust funds for the purposes hereinafter provided and there is hereby created a lien upon such monies, until deposited under the Escrow Agreement, in favor of the Holders of the Series 2014 Bond. SECTION 14. The City will submit to the Bank (i) the City’s audited annual financial statements within 210 days of the end of each fiscal year, (ii) the City's approved budget within 60 days after the final approval thereof, (iii) a certification from the Finance Director to the effect that, to his actual knowledge,the City is in compliance with all covenants contained in the Bond Ordinanceand this Resolutionwithin90 days of the end of each fiscal year, and (iv) any other financial information the Bank may reasonably request. SECTION 15. To the extent permitted by law, the City knowingly, voluntarily, and intentionally waives any right it mayhave to a trial by jury, with respect to any litigation or legal proceedings based on or arising out of this Resolution or the Series 2014Bond, including any course of conduct, course of dealings, verbal or written statement or actions or omissions of any party which in any way relates to the Series 2014Bond or this Resolution. SECTION 16. In the event a rating with respect to debt payable from the Pledged Revenues fallsbelow BBB/Baa (or equivalent)or is no longer maintained by the City, the coverage requirement contained in Section 20(D) of the Original Ordinance (RATE COVENANT) shall be increased from 115% to 140% until such time as such rating is at least BBB/Baa (or equivalent)or the Series 2014 Bond is no longer outstanding. SECTION 17. The substantive laws of the State of Florida shall govern this Agreement. The parties hereto submit to the jurisdiction of Florida courts and agree that venue for any suit concerning this Resolutionshall be in Pinellas County, Florida. SECTION 18. The City covenants that it will maintain its solvency through the term of the Series 2014 Bond to avoid an act of bankruptcy or the rearrangement, adjustment or readjustment of the obligations of the City under the provisions of any bankruptcy or moratorium laws or similar laws relating to or affecting creditor’s rights. {25341/013/00885146.DOCv6}Resolution No. 14-21 9 SECTION 19. This Resolution shall become effective immediately upon its adoption. Passed and adopted by the City Councilof the City of Clearwater, Florida, this 19th day of June, 2014. (SEAL)By: George N. Cretekos Mayor ATTEST: Rosemarie Call City Clerk Approved as to form: Pamela K. Akin City Attorney {25341/013/00885146.DOCv6}Resolution No. 14-21 A-1 EXHIBIT A TERM SHEET {25341/013/00885146.DOCv6}Resolution No. 14-21 B-1 EXHIBIT B FORM OF SERIES 2014BOND EXCEPT AS OTHERWISE PROVIDED IN RESOLUTION NO. 14-21 (THE "RESOLUTION"), ANY OWNER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN "ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATION D THEREUNDER. No. R-1 $_____________ UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER STORMWATER SYSTEM REVENUE REFUNDING BOND, SERIES 2014 Interest Rate Maturity Date Dated Date CUSIP 2.72%November 1, 2029 August 5, 2014 N/A Registered Owner:TD BANK, N.A. Principal Amount: ___________________________ and No/100 Dollars KNOW ALL MEN BY THESE PRESENTS that the City of Clearwater Florida (the "City"), for value received, promises to pay to the order of the Registered Owner identified above or registered assigns, on the Maturity Date identified above, the Principal Amount shown above solely from the revenues hereinafter mentioned and to pay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at the per annum Interest Rate set forth above (as adjusted from time to time as hereinafter provided) until payment of such sum, such interest being payable on November 1, 2014 and semiannually thereafter on May 1 and November 1 of each year. The principal of and premium, if any, onthis Bond on the final amortization date or earlier date of redemption in full are payable upon presentation and surrender hereof on the date fixed for final maturity or earlier redemption at the principal office of the Finance Director of the City of Clearwater, Florida (the "Paying Agent") in Clearwater, Florida, or at the office designated for such payment of any successor thereof. The principal of and interest on this Bond when due and payable, shall be paid through ACH direct transfer to the Registered Owner, and upon transfer of this Bond to a subsequent holder, by check or draft mailed to, or through ACH direct transfer to, the person in whose name this Bond is registered at such address as is provided by such subsequent holder in writing to the City without presentation (except upon final maturity or earlier redemption {25341/013/00885146.DOCv6}Resolution No. 14-21 B-2 in full) of this Bond as reflected on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the Cityshall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Owner not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. All amounts due hereunder shall be payable in any coin or currency of the United States of America, which is, at the time of payment, legal tender for the payment of public or private debts. The interest payable on this Bond shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the Prime Rate plus 4%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service or of the United States Treasury Department determining that interest payable on the Series 2014 Bond is includable in the gross income of a Bondholder for Federal income tax purposes. No such decree, judgment, or action will be considered final for this purpose, however, unless the City has been given written notice thereof and, if it is so desired by the Cityand is legally permissible, the Cityhas been afforded the opportunity to contest the same, at itsown expense, either directly or in the name of the Bondholder, and until the conclusion of any appellate review, if sought. "Event of Default" shall meanshall mean (a) an Event of Default under the Bond Ordinance, or (b) the occurrence by the City of a failure to comply with one or more covenants or agreements set forth in the Bond Ordinance or this Resolution, which default or non-compliance shall continue and not be cured within thirty (30) days from receipt by the City of notice of such default or non-compliance by the Holder. "Interest Rate"shall mean a per annum rate equal to2.72%, prior to a Determination of Taxability or an Event of Default. "Prime Rate" shall mean the per annum rate which TD Bank, N.A. announces from time to time to be its prime rate, as in effect from time to time. The prime rate is a reference or benchmark rate, is purely discretionary and does not necessarily represent the lowest or best rate charged to borrowing customers. TD Bank, N.A. may make commercial loans or other loans at rates of interest at, above or below the prime rate. Each change in the prime rate shall be effective from and including the date such change is announced as being effective. {25341/013/00885146.DOCv6}Resolution No. 14-21 B-3 "Taxable Period" shall mean the period of time commencing on the date that interest on the Series 2014 Bond ceased to be excludable from gross income of the Holder thereof for federal income tax purposes and ending on the earlier of the date the Series 2014 Bond ceases to be outstanding or such adjustment is no longer applicable to the Series 2014 Bond. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Cityshall pay interest upon the unpaid principal balance of this Bondat the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred)the Interest Rate shall equal the Default Rate. In the event of a Determination of Taxability, the interest rate payable hereunder shall be subject to adjustment to the Taxable Rate, effective retroactively to the date on which such Determination of Taxability was made.In addition, upon a Determination of Taxability, the Cityagrees to pay to the Holder subject to such Determination of Taxability the Additional Amount upon demand. "Additional Amount" means (i) the difference between (a) interest on the Series 2014 Bond for the Taxable Period at a rate per annum equal to the Taxable Rate, and (b) the aggregate amount of interest paid on the Series 2014 Bond for the Taxable Period under the provisions of the Series 2014 Bond without considering the Determination of Taxability, plus (ii) any penalties and interest paid or payable by such Holder to the Internal Revenue Service by reason of such Determination of Taxability. This Bond is issued in the principal amount of $________ in a single principal amount, to (a) currently refund a portion of the outstanding principal amount of the City's Stormwater System Revenue Refunding Bonds, Series 2005, and (b) pay a portion of the costs of issuing this Bond, all in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and Ordinance No. 6378-99, enacted by the City Council of the City on April 15, 1999, as amended and supplemented by Ordinance No. 6931-02, enacted on July 18, 2002and Ordinance No. 8419-13 enacted on June 6, 2013, and as further supplemented by Resolution No. 14-21, adopted on June 19, 2014(collectively, the "Ordinance"), and is subject to all the terms and conditions of the Ordinance. All capitalized undefined terms used herein shall have the meanings set forth in the Ordinance. {25341/013/00885146.DOCv6}Resolution No. 14-21 B-4 This Bond is payable solely from and secured by a pledge ofthe Net Revenues of the System levied and collected by the City and the moneys in certain funds and accounts created pursuant to the Ordinance, with the exception of the Rebate Fund (collectively, the "Pledged Revenues"), in the manner provided in the Ordinance. Reference is made to the Ordinance for more complete definition and description of the System and the Pledged Revenues. The lien of this Bond on the Net Revenues is on a parity with the holders of the unrefunded portion of the City's Stormwater System Revenue Refunding Bonds, Series 2005, the City’s outstanding Stormwater System Revenue Refunding Bonds, Series 2012 and the City’s outstanding Stormwater System Revenue Refunding Bonds, Series 2013. This Bond shall be subject to optional redemption in whole or in partprior to its maturity date, upon two Business Days prior written notice (i) on any Business Day prior to the fifth (5th) anniversary of the dated date of this Bond at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption plus the Prepayment Fee, as defined below, and (ii) on any Business Day on or after thefifth (5th) anniversary of the dated date of this Bond at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. "Prepayment Fee" shall mean, a fee equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the remaining term of thisSeries 2014 Bond, and (ii) the Yield Maintenance Fee. The "Yield Maintenance Fee" shall be computed as follows: the current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent yield) with a maturity date closest to the remaining term of thisSeries 2014 Bond, shall be subtracted from the Interest Rate, or Default Rate (hereinafter defined) if applicable. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the scheduled outstanding principal balance for each remaining monthly period of the remaining term of thisSeries 2014 Bond. Each resulting amount shall be divided by 360 and multiplied by the number of days in the monthly period. Said amounts shall be reduced to present values calculated by using the above referenced current costs of funds divided by 12. The resulting sum of present values shall be the Yield Maintenance Fee. This Bondis subject to mandatory redemption from Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on November 1, 2015 and on each November1 thereafter in the following principal amounts in the years specified: {25341/013/00885146.DOCv6}Resolution No. 14-21 B-5 Date Principal Amount Date Principal Amount 2015 2023 2016 2024 2017 2025 2018 2026 2019 2027 2020 2028 2021 2029 2022 This Bond does not constitute a general indebtedness of the Citywithin the meaning of any constitutional, statutory or charter provision or limitation, and it is expressly agreed by the Holder of this Bond that such Bondholder shall never have the right to require or compel the exercise of the ad valorem taxing power of the Cityor taxation of any real or personal property therein for the payment of the principal of and interest on this Bond or the making of any debt service fund, reserve or other payments provided for in the Ordinance. It is further agreed between the Cityand the Holder of this Bond that this Bond and the indebtedness evidenced thereby shall not constitute a lien upon the System, or any part thereof, or on any other property of or in the City, but shall constitute a lien only on the Pledged Revenues all in the manner provided in the Ordinance. The Cityhas covenanted, in the Ordinance, to fix, establish, revise from time to time whenever necessary, maintain and collect always such fees, rentals and other charges for the services of the System which will always provide Gross Revenues in each Fiscal Year sufficient to pay the Cost of Operation and Maintenance of the System in such Fiscal Year and one hundred fifteen percent (115%) of the Bond Service Requirement becoming due in such year on the Outstanding Bonds. Such rates, fees, rentals or other charges shall not be reduced so as to render them insufficient to provide Gross Revenues for the purposes provided therefore by the Ordinance. The Cityhas entered into certain further covenants with the Holders of Outstanding Bonds for the terms of which reference is made to the Ordinance. It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and Statutes of the State of Florida. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the Paying Agent is located are authorized by law or executive order to close, thenthe date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. {25341/013/00885146.DOCv6}Resolution No. 14-21 B-6 This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code–Investment Securities, the State of Florida. The transfer of this Bond is registerable by the Bondholder hereof in person or by his attorney or legal representative at the principal corporate trust office of the Registrar but only in the manner and subject to the conditions provided in the Ordinance and upon surrender and cancellation of this Bond. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be signed by its Mayor and City Manager or an Assistant City Managerand countersigned and attested to by its Clerk and approved as to form, sufficiency and correctness by the City Attorney, and its seal thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) By: George N. Cretekos Mayor By: [Assistant]City Manager ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:By: Rosemarie Call Pamela K. Akin City Clerk City Attorney {25341/013/00885146.DOCv6}Resolution No. 14-21 B-7 ASSIGNMENT FOR VALUE RECEIVED, the undersigned ________________________________ (the "Transferor"), hereby sells, assigns and transfers unto ________________________________ (Please insert name and Social Security or Federal Employer Identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints _________________________________ (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of the New York Stock Exchange or a commercial bank or a trust company. NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. {25341/013/00885146.DOCv6}Resolution No. 14-21 C-1 EXHIBIT C FORM OF PURCHASER CERTIFICATE Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: This Certificate is being executed and delivered by the undersigned as purchaser (the "Purchaser") to the City of Clearwater, Florida (the "City"), in connection with the issuance, sale and delivery of the City's StormwaterSystem Revenue Refunding Bond, Series 2014(the "Bond") to the Purchaser, in accordance with the terms of the Purchaser's Term Sheet to the City dated May 16, 2014and Interest Rate Lock Agreement dated May 22, 2014, being issued pursuant to Ordinance No. 6378-99(the "Original Ordinance"),and Ordinance No. 6931-02(the "2002Ordinance") and Ordinance No. 8419-13 (the "2013 Ordinance",and, together with the Original Ordinanceand the 2002 Ordinance, collectively, the "Bond Ordinance") and Resolution No. 14-21(the "Resolution") for the purpose of refunding a portion of the City's StormwaterSystem Revenue Refunding Bonds, Series 2005(the "Refunded Bonds"). Terms defined in the Resolution are used in this letter with the meanings assigned to them in the Bond Ordinance and the Resolution. The undersigned hereby represents, warrants and agrees to and with the City that: 1.The Purchaser is an accredited investor as such term is defined in the Securities Act of 1933, as amended,and Regulation D issued pursuant thereto, a principal part of whose business consists of buying securities such as the Bond. 2.The Purchaser has received copies of the Bond Ordinance and the Resolution and certain of the other documents or instruments being delivered in connection with the issuance of the Bond, and said documents are in form and substance satisfactory to the Purchaser and its counsel. 3.The Purchaser has conducted its own investigations, to the extent it deems satisfactory or sufficient into matters relating to the business, properties, management, and financial position and results of operations of the City. 4.The Purchaser understands that the Bondis not registered under the Securities Act of 1933, as amended. The Purchaser is purchasing the Bond for its own account for investment and not with a view to, and with no present intention of, {25341/013/00885146.DOCv6}Resolution No. 14-21 C-2 distributing or reselling the Bond or any portion thereof, providedthat the Purchaser reserves the right to transfer the Bond purchased or any interest therein at any time and in our sole discretion and, in theevent that we so transfer the Bond, we assume the responsibility for complying with any applicable federal and state securities laws provided, however, the Purchaser acknowledges that the registration of the Bond may only be transferred in whole. The Purchaser understands and agrees that the foregoing representations will be relied upon by the City in the issuance of the Bond. TD BANK, N.A. By: Name: Title: {25341/013/00885146.DOCv6}Resolution No. 14-21 D-1 EXHIBIT D FORM OF DISCLOSURE LETTER Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: 1. An itemized list setting forth the nature and estimated amounts of expenses to be incurred byTD Bank, N.A., as the original purchaser (the "Purchaser") in connection with the issuance of $___________ in principal amount of the City of Clearwater, Florida StormwaterSystem Refunding Revenue Bond, Series 2014(the "Bond") is attached as Schedule I hereto. 2. No compensation was paid to any finders, as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Bond. 3. Underwriting fees in the amount of $0.00are expected to be realized in the sale of the Bond. 4. The Bondis being placed with the Purchaser, as the original purchaser thereof, and no management fee is being charged. 5. No other fee, bonus or other compensation is to be paid by the Purchaser in connection with the Bond to any person not regularly employed or retained by them, except for compensation of $________to Holland & Knight LLP, in itscapacity as counsel to the Purchaser, which amount is being paid by the City. 6. There were no underwriters involved in the placement of the Bond to the Purchaser. 7.(a)The City is proposing to issue $__________aggregate principal amount of debt or obligations for the purpose of refunding a portion of the City's StormwaterSystem Revenue Refunding Bonds, Series 2005. This debt or obligation is expected to be repaid over a period of approximately 15.25 years. At a forecasted true interest cost rate of _____%, total interest paid over the life of the debt or obligation will be $_____________. (b)The source of repayment for this issue is the StormwaterSystem Revenues of the City. Authorizing this debt will result in approximately $____________ of such revenues of the City not being available to finance other services of the City each year for 15.25 years. {25341/013/00885146.DOCv6}Resolution No. 14-21 D-2 We understand that you do not require any further disclosure from the Purchaser, pursuant to Section 218.385, Florida Statutes, as amended. TD BANK, N.A. By: Name: Title: {25341/013/00885146.DOCv6}Resolution No. 14-21 D-3 SCHEDULE I EXPENSES {25341/013/00885146.DOCv6}Resolution No. 14-21 E-1 EXHIBIT E FORM OF ESCROW DEPOSIT AGREEMENT This ESCROW DEPOSIT AGREEMENT, dated as of August 5, 2014, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the "City"), andU.S. Bank National Association, a national banking association organized under the laws of the United States of America, as Escrow Holder (the "Escrow Holder"); W I T N E S S E T H : WHEREAS, the Cityhas previously authorized and issued obligations of the City as hereinafter set forth defined as the "Refunded Bonds", as to which the Annual Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the Cityhas determined to provide for payment of the AnnualDebt Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the provisions hereof, cash in an amount equal to the Annual Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the Cityhas authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2014Bond more fully described herein; and WHEREAS, the Cityhas determined that the amount to be on deposit from time to time in the Escrow Account, as defined herein, will be sufficient to pay the Annual Debt Service; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Cityand the Escrow Holder agree as follows (provided however that the Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any manner whatsoever for the recitals made herein or in the Ordinance, or the adequacy or sufficiency of the Escrow Requirement): Section 1. Definitions. As used herein, the following terms mean: (a)"Agreement" means this Escrow Deposit Agreement. (b)"Annual Debt Service" means, with respect to the redemption date for the Refunded Bonds, the principal of, premium, and interest on the Refunded Bonds coming due on the Call Date as shown on Schedule A attached hereto. (c)"Bond" or "Series 2014Bond" means the StormwaterSystem Revenue Refunding Bond, Series 2014of the City, authorized by the Ordinance, as herein defined. {25341/013/00885146.DOCv6}Resolution No. 14-21 E-2 (d)"Call Date" shall have the meaning set forth in the City's Irrevocable Instruction and Authorization to Redeem Bonds. (e)"Escrow Account" means the account established and held by the Escrow Holder pursuant to this Agreement, in which cash and investments will be held for payment of the Refunded Bonds. (f)"Escrow Holder" means U.S. Bank National Association, a national banking association organized under the laws of the United States of America. (g)"Escrow Requirement" means, as of any date of calculation, the sum of an amount in cash in the Escrow Accountwhichwill be sufficient to pay, as the installments thereof become due, the Annual Debt Service. (h)"Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate executed by the Citywhich provides for redemption of certain of the Refunded Bonds on the Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs the PayingAgent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon upon surrender thereof at maturity or on their Call Date. (i)"City" means the City of Clearwater, Florida. (j)"Ordinance" means Ordinance No. 6378-99enacted by the Cityon April 15, 1999, as amended and supplemented by Ordinance 6931-02, enacted on July 18, 2002, as amended and supplementedby Ordinance No. 8419-13, enacted on June 6, 2013. (k)"Paying Agent" shall mean the Wells Fargo Bank, N.A., Paying Agent for the Refunded Bonds. (l)"Refunded Bonds" shall mean the City’s StormwaterSystem Revenue Refunding Bonds, Series 2005,maturing on or after November 1, 2015. Section 2. Deposit of Funds. The Cityhereby deposits $______________with the Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow Holder and applied solely as provided in this Agreement. The City represents that: (a)Such funds are all derived as follows: (1)$_______________ from the net proceeds of the Bond; and (2)$_______________ transferred from other legally available funds of the City. {25341/013/00885146.DOCv6}Resolution No. 14-21 E-3 (b)Such funds, when applied pursuant to Section 3 below, will at least equal the Escrow Requirement as of the date hereof. Section 3. Use and Investment of Funds. The Escrow Holder acknowledges receipt of $_______________and agrees: (a)to hold the funds in irrevocable escrow during the term of this Agreement, (b)to deposit the sum of $____________ of funds from the Debt Service Fundand $_______________ from the proceeds of the Bond, in cash from the amount received by the Cityin the Escrow Account, and, hold such funds in cash until the Call Date. Section 4. Payment of Refunded Bonds. (a)Refunded Bonds. On the Call Date, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service coming due on such date, as shown on ScheduleA and as demonstrated on ScheduleBhereto. (b)Surplus. On the Call Date, after making the payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay to the Cityany remaining cash in the Escrow Account in excess of the Escrow Requirement, to be used for any lawful purpose of the City. (c)Priority of Payments. The holders of the Refunded Bonds shall have an express first lien on the funds in the Escrow Account until such funds are used and applied as provided in this Agreement. If the cash on hand in the Escrow Account is ever insufficient to make the payments required under Subsection 4(a), all of the payments required under Subsection 4(a) shall be made when due before any payments shall be made under Subsections 4(b). (d)Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder acknowledges receipt of its fees to serve as Escrow Holder in the amount of $_______ and agrees to invoice the Cityfor reimbursement of any out of pocket expenses incurred by the Escrow Holder in performing itsservices hereunder, and further acknowledges that the Escrow Holder does not have a lien on or claim against any funds held hereunder for reimbursement of such expenses. Section 5. Reinvestment. The Escrow Holder shall have no power or duty to invest any funds held under this Agreement. Section 6. No Redemption or Acceleration of Maturity. Except as provided in the Irrevocable Instruction and Authorization to Redeem Bonds, the Citywill not accelerate the maturity or due date of the Refunded Bonds. {25341/013/00885146.DOCv6}Resolution No. 14-21 E-4 Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Account, the acceptance of the funds deposited therein, transfer or other application of money by the Escrow Holder in any non-negligent act, non-negligent omission or non-negligent error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to the Cityfor its negligent or willful acts, omissions or errors which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Holder shall be determined by the express provisions of this Agreement. The Escrow Holder may consult with counsel, who may or may not be counsel to the City, and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the City. The Escrow Holder has no duty to determine or inquire into the happening or occurrenceof any event or contingency where the performance or the failure of performance of the Citywith respect to arrangements or contracts with others, the Escrow Holder's sole duty and responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver the same strictly in accordance with this Agreement. Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and thereby become discharged from the duties and obligations hereby created, by notice in writing given to the Cityand published once in a newspaper of general circulation published in the territorial limits of the City, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such resignation shall take effect. Such resignation shall take effect immediately upon the appointment of a successor Escrow Holder hereunder and payments of all amounts due the resigning Escrow Holder. Section 9. Removal of Escrow Holder. (a)The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less than fifty-one per centum (51%) in aggregate principal amount of each series of Refunded Bonds then outstanding, such instruments to be filed with the City, and notice in writing given by such holders to all of the registered holders of each series of the Refunded Bonds and published once in a newspaper of general circulation published in the territorial limits of the City, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such removal is to take effect as stated in such instrument or {25341/013/00885146.DOCv6}Resolution No. 14-21 E-5 instruments. A photographic copy of any instrument filed with the Cityunder the provisions of this paragraph shall be delivered by the Cityto the Escrow Holder. (b)The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Holder, by the Cityor by the holders of not less than twenty- five per centum (25%) in aggregate principal amount of each series of the Refunded Bonds then outstanding. (c) No such removal shall take effect until a successor Escrow Holder shall be appointed hereunder. Section 10. Successor Escrow Holder. (a)If at any time hereafter the Escrow Holder shall resign, be removed, be dissolvedor otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department or board, the position of Escrow Holder shall thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Cityshall appoint a successor Escrow Holder to fulfill the duties of Escrow Holder hereunder. The Cityshall publish notice of any such appointment once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Cityand in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, and, before the second publication of such notice shall mail a copy thereof to the original purchaser or purchasers of the Refunded Bonds. (b)At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of each series of Refunded Bonds then outstanding, by an instrument or concurrent instruments in writing, executed by all such bondholders andfiled with the governing body of the City, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the City. Photographic copies of each such instrument shall be delivered promptly by the City, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the bondholders. (c)If no appointment of a successor Escrow Holder shall be made pursuant to the foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or anyretiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. Section 11. Term. This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded Bonds have been paid and discharged {25341/013/00885146.DOCv6}Resolution No. 14-21 E-6 in accordance herewith, and all amounts held by the Escrow Holder hereunder have been applied in accordance herewith. Section 12. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the Cityor the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreements herein contained shall be null and void and shall be severed from the remaining covenants and agreements and shall in no way affect the validity of the remaining provisions of this Agreement. Section 13. Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as duplicate originals and shall constitute and be but one and the same instrument. Section 14. Governing Law. This Agreement shall be construed under the laws of the State of Florida. Section 15. Security for Accounts and Funds. All accounts and funds maintained or held pursuant to this Agreement shall be continuously secured in the same manner as other deposits of municipal funds are required to be secured by the laws of Florida. [Remainder of page intentionally left blank] {25341/013/00885146.DOCv6}Resolution No. 14-21 E-7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their official seals to be hereunto affixed as of thedate first above written. CITY OF CLEARWATER, FLORIDA (SEAL) George N. Cretekos Mayor ATTEST: Rosemarie Call _____________________ City Clerk [Assistant]City Manager Approved as to Form, Sufficiency and Correctness: Pamela K. Akin City Attorney {25341/013/00885146.DOCv6}Resolution No. 14-21 E-8 U.S. BANK, NATIONAL ASSOCIATION, as Escrow Holder By: Name: Title: {25341/013/00885146.DOCv6}Resolution No. 14-21 E-9 Schedule A (Annual Debt Service; Description of Refunded Bonds) Series 2005Bonds Payment Date Principal Premium Interest Total Debt Service November 1, 2014 {25341/013/00885146.DOCv6}Resolution No. 14-21 E-10 Schedule B Escrow Cash Flow Date Principal Interest Disbursements Cash Balance {25341/013/00893393.DOCv2} CERTIFICATE AS TO PUBLIC MEETINGS AND NO CONFLICT OF INTEREST Each of the undersigned members of the City Council(the "City Council") of the City of Clearwater, Florida (the "Issuer"), recognizing that the purchasers of the not to exceed $5,450,000City of Clearwater, Florida Stormwater System Revenue Refunding Bond, Series 2014 (the "Series 2014 Bond"), will have purchased said Series 2014 Bond in reliance upon this Certificate, DOES HEREBY CERTIFY: (1)that he or she has no personal knowledge that any two or more members of the City Council, meeting together, reached any prior conclusion as to whether the actions taken by the City Council, with respect to said Series 2014 Bond, the security therefor and the application of the proceeds thereof, shouldor should not be taken by the City Councilor should or should not be recommended as an action to be taken or not to be taken by the City Council, except at public meetings of the City Councilheld after due notice to the public was given in the ordinary manner required by law and custom of the City Council; (2) that he or she does not have or hold any employment or contractual relationship with TD Bank, N.A. who is purchasing the Series 2014 Bond from the Issuer that could constitute a prohibited conflict of interest under Part III, Chapter 112, Florida Statutes. IN WITNESS WHEREOF, we have hereunto affixed our official signatures this 19th day of June, 2014. George N. Cretekos Doreen Hock-DiPolito Hoyt Hamilton BillJonson Jay Polglaze