08/07/2014Thursday, August 7, 2014
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
August 7, 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 Diversity Leadership Council Poster Contest
4.2 Police Chief Oath
4.3 U.S. Coast Guard Presentation of Appreciation to Council - Manny Sossa,
USCG Auxiliary Clearwater Flotilla Commander
4.4 US Coast Guard Proclamation
4.5 General Aviation Airport of the Year Award - Bill Morris, Marine and Aviation
Director
4.6 Purple Heart Day Proclamation - Father Bob Swick
5. Approval of Minutes
5.1 Approve the minutes of the July 17, 2014 City Council meeting as submitted in
written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 8/7/2014
August 7, 2014City Council Meeting 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.
7.1 Ratify and confirm accepting repayment of two loans appropriated to the
Community Redevelopment Agency (CRA) by City Resolutions 05-19 and
08-12 from the EPA Brownfields Cleanup Revolving Loan Fund (BCRLF)
utilized by the CRA to meet specific expenses incurred for the environmental
cleanup of real property identified as Pinellas County parcels
15/29/15/65196/000/0030, 0034, 0060, 0061, 0062 and 0063 (Clearwater
Automotive Salvage Yard) and approving a 30% discount per EPA rules for a
total repayment of $454,179; and approve expenditure of $194,648 reflecting
the write-off of the 30% loan discount, to be charged to the Brownfield
Revolving Loan Fund. (consent)
7.2 Declare as surplus for the purpose of sale to the Community Redevelopment
Agency (CRA), real property lying within the Prospect Lake Development Site.
(consent)
7.3 Approve the First Amendment to Agreement for Development and Purchase
and Sale of Property by and between the Community Redevelopment Agency
(CRA) and Prospect Park Development, LLC (Developer); and authorize the
appropriate officials to execute same. (consent)
7.4 Approve the Agreement for Restricted Land Use (Agreement) between the City
of Clearwater and Prospect Park Development, LLC (Developer), to be
executed and recorded following the sale of real property from the Community
Redevelopment Agency (CRA) to the Developer; and authorize the appropriate
officials to execute same. (consent)
7.5 Approve settlement of the liability claim of Ms. Kristina Marie McGarry for
payment of $30,000 and authorize the appropriate officials to execute same .
(consent)
7.6 Approve a one year Blanket Purchase Order with Smith Fence Company,
Clearwater, FL, in the amount of $200,000 for the purchase of labor, materials
and equipment to install and remove temporary as well as permanent fencing
for special events, recreation facilities including tennis courts, ballfields,
basketball courts, perimeter fencing and construction projects. (consent)
7.7 Approve an Equestrian Patrol Equine User Agreement among the City of
Clearwater, Nancy Miller, and Deborah Storey to use two horses for use in
activities associated with the Police Department’s Equestrian Patrol Unit, and
authorize the appropriate officials to execute same. (consent)
Page 3 City of Clearwater Printed on 8/7/2014
August 7, 2014City Council Meeting Agenda
7.8 Approve acceptance of Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of
$58,283, additional 1.4 Full Time Equivalent Position (FTE), and authorize the
appropriate officials to execute same. (consent)
7.9 Award a construction contract to Steve’s Excavating and Paving, Inc. of
Dunedin, Florida, for the Wood Valley Traffic Calming Project (07-0039-EN) in
the amount of $811,876.83, which is the lowest responsible bid received in
accordance with the plans and specifications, and authorize the appropriate
officials to execute same. (consent)
7.10 Approve the final plat for JCPenney Subdivision, whose physical address is
2610 Countryside Boulevard and is located on the J.C. Penney parcel at
Countryside Westfield Mall. (consent)
7.11 Approve an amendment to an existing services agreement with HDR
Engineering, Inc. of Tampa, Florida for the US 19 Corridor Development Code,
increasing the purchase order by $28,200 to $118,200 as described in the
Additional Services Scope of Work, authorize the appropriate officials to
execute, and authorize the allocation of General Fund reserves in the amount
of $28,200. (consent)
7.12 Award a one-year contract to North Star Destination Strategies for a not to
exceed amount of $100,000 for community branding services and authorize
the appropriate officials to execute same. (consent)
7.13 Appoint Candace Hays to the Sisters Cities Advisory Board as the Clearwater
Sister Cities, Inc. representative to fill the remainder of the unexpired term,
which expires on July 31, 2015. (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 4 City of Clearwater Printed on 8/7/2014
August 7, 2014City Council Meeting Agenda
8.1 Award the Construction Manager (CM) at Risk contract to Ajax Building
Corporation of Oldsmar, Florida, to construct the Countryside Branch Library
(11-0059-LI), amend the budget and scope for the Countryside Library
Renovation project to a new total of $7,102,668, an increase of $852,668 over
the original $6,250,000 budget to include HVAC upgrades and chiller costs for
the Countryside Recreation Center, approve Library GMP of $5,462,668, which
includes approval of $173,511 in additional library funds to cover unforeseen
items, approve $679,157 to design and construct HVAC upgrades to the
Countryside Recreation Center, and authorize the appropriate officials to
execute same.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8570-14 on second reading, amending Section 3-1508 of the
Community Development Code of the City of Clearwater to clarify prohibited
noises.
10. Presentations (by government agencies or groups providing formal updates
to Council)
10.1 Clearwater Housing Authority Update - Jacqueline Rivera
11. City Manager Reports
11.1 Accept the Quit Claim Deed from Dimmit Car Leasing, Inc.; approve the
Agreement for Exchange of Real Property (Exchange Agreement) between
the Community Redevelopment Agency (CRA) and the City with additional
cash compensation to be paid from the CRA to the City in an amount not to
exceed $301,303 and authorize the appropriate officials to execute same,
together with all other instruments required to affect closing; approve
reimbursement to the Stormwater Utility for the surplus land in the amount of
not-to-exceed $539,173, including not-to-exceed $301,303 received from CRA,
along with $237,870 from General Fund unassigned fund balance; and
approve reimbursement from Stormwater Utility to U.S. Department of Housing
and Urban Development (HUD) for related grant in the amount of
not-to-exceed $301,303; adopt Resolution 14-28 and authorize the appropriate
officials to execute same.
11.2 Approve the revised Interlocal Agreement for the unification of the Metropolitan
Planning Organization (MPO) and the Pinellas Planning Council (PPC),
authorize the appropriate officials to execute same and adopt Resolution
14-27.
11.3 Approve the Release (Release) for the purpose of discharging certain rights in
favor of the City over previously vacated right-of-way lying within the Prospect
Lake development site and authorize the appropriate officials to execute same.
Page 5 City of Clearwater Printed on 8/7/2014
August 7, 2014City Council Meeting Agenda
12. City Attorney Reports
13. Other Council Action
14. Closing comments by Councilmembers (limited to 3 minutes)
15. Closing Comments by Mayor
16. Adjourn
Page 6 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-319
Agenda Date: 8/7/2014 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:
Diversity Leadership Council Poster Contest
SUMMARY:
In the 6- 9-year-old category:
3rd Place - Ryan Cormier, age 9 from Countryside Rec Center.
2nd Place - Rhian Peterson, age 9, also from Countryside Rec Center.
1st Place - Abigail Krueger, age 7 from Countryside Recreation Center.
In the 10 - 13-year-old category:
3rd Place - Ricky Anderson, age 12 from Ross Norton Park.
2nd Place - Zoe McDonald, age 13 from the Long Center.
1st Place - Jamel James Hodges, age 13 from Ross Norton Park.
In the 14 and up category:
1st place - Patrick Reinert, age 14, from Countryside Rec Center.
Grand Prize category:
2nd Grand Prize Runner-up goes to 13-year-old Zoe McDonald
1st Grand Prize runner-up goes to 7-year-old Abigail Krueger
Grand Prize to 13-year-old Jamel James Hodges
Page 1 City of Clearwater Printed on 8/7/2014
3rd Place, Age 7-9 Group: Ryan Cormier, 9
2nd Place, Age 7-9 Group: RhianPeterson, 9
1st Place, Age 7-9 Group: Abigail Krueger, 7
3rd Place, Age 10-13 Group: Ricky Anderson, 12
2nd Place, Age 10-13 Group: Zoe McDonald, 13
1st Place, Age 10-13 Group: JamelJames Hodges, 13
1st Place, Age 14+ Group: Patrick Reinert, 14
Grand Prize 2nd Runner Up: Zoe McDonald
Grand Prize 1st Runner Up: Abigail Krueger
GRAND PRIZE WINNER: JamelJames Hodges
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-346
Agenda Date: 8/7/2014 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:
Police Chief Oath
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-342
Agenda Date: 8/7/2014 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:
U.S. Coast Guard Presentation of Appreciation to Council - Manny Sossa, USCG Auxiliary
Clearwater Flotilla Commander
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-335
Agenda Date: 8/7/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
US Coast Guard Proclamation
SUMMARY:
N/A
Page 1 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-393
Agenda Date: 8/7/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
General Aviation Airport of the Year Award - Bill Morris, Marine and Aviation Director
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-396
Agenda Date: 8/7/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.6
SUBJECT/RECOMMENDATION:
Purple Heart Day Proclamation - Father Bob Swick
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-392
Agenda Date: 8/7/2014 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the July 17, 2014 City Council meeting as submitted in written
summation by the City Clerk.
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/7/2014
City Council Meeting Minutes July 17, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, July 17, 2014
6:00 PM
Council Chambers
City Council
Page 1 City of Clearwater
Draft
City Council Meeting Minutes July 17, 2014
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager,
Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole
Sprague - Official Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
Unapproved 1. Call to Order – Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Father Jacob Monteleone from Light of Christ Catholic Church 3. Pledge of Allegiance - Vice Mayor Hock-DiPolito
4. Special recognitions and awards (Proclamations, service awards, or other
special recognitions) – Given.
4.1 Florida League of Cities Home Rule Hero Award: Councilmember Bill Jonson - Kathy
Till, FLC Advocacy Program Coordinator
5. Approval of Minutes
5.1 Approve the minutes of the June 19, 2014 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Hamilton moved to approve the minutes of the
June 19, 2014 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
Page 2 City of Clearwater
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City Council Meeting Minutes July 17, 2014
6. Citizens to be heard re items not on the agenda
Margaret Mann requested Council to keep the Countryside Library in its
current location as it is easily accessible, the new location will disturb the
ecosystem of the park, and green space would be sacrificed.
Spencer Cook requested expanding the operating calendar for all city
community pools, to include Saturdays and Sundays, from the start of
school through the end of September.
Joseph Corvino requested Council hold town hall meetings to establish
dialogue with citizens regarding the new Clearwater Marine Aquarium.
Kathy Piscitelli urged Council to pursue an ordinance allowing backyard
chickens.
Tom Nocera said there is a downward trend in captive dolphin shows
and the future trend will be natural museums that use sea pens for
captive dolphins.
Julie Thompson requested the proposed budget include funds for the
East Gateway District improvements, such as completing the
streetscape improvements.
7. Consent Agenda – Approved as submitted less Item 7.8 and 7.11.
7.1 Approve a maintenance contract with Aptean, Inc., 1155 Perimeter Center West,
Atlanta, GA 30338, for the period of July 1, 2015 to June 30, 2019 for software
maintenance at a cost not to exceed $371,054 in accordance with Sec. 2.564 (1)(b),
Code of Ordinances, sole source, and authorize the appropriate officials to execute
same (consent)
7.2 Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the
installation of an underground natural gas main in the CSX right-of-way and authorize
the appropriate officials to execute same. (consent)
7.3 Approve an Amendment to a Cooperative Funding Agreement with Southwest Florida
Water Management District (SWFWMD), increasing the grant by $1,000,000 to
$1,550,000 for Magnolia Drive Outfall Storm Drainage and Water Quality
Improvements, extend the contract expiration date to April 15, 2016 (12-0023-EN) and
authorize the appropriate officials to execute same. (consent)
Page 3 City of Clearwater
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City Council Meeting Minutes July 17, 2014
7.4 Approve a Cooperative Funding Agreement agreement between Southwest Florida
Water Management District (SWFWMD) and the City of Clearwater for
implementation of the Jeffords Street Stormwater Improvements (N270) in the amount
of $200,000 and authorize the appropriate officials to execute same. (consent)
7.5 Award a construction contract to Keystone Excavators, Inc., of Oldsmar, Fl, the 2014
Annual Stormwater Improvements Project (14-0004-EN) based on unit price only in an
amount not to exceed $1,144,319 and authorize the appropriate officials to execute
same. (consent)
7.6 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount
not to exceed $575,126.21 for the purchase of self-contained breathing apparatus
(SCBA) repair parts and air bottles, purchase of thermal imaging cameras and parts,
personal protective equipment (PPE), and department operational supplies in
accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City
standardized equipment, and authorize the appropriate officials to execute same.
(consent)
7.7 Approve the Third 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)
7.8 Award a one-year contract to North Star Destination Strategies for a not to exceed
amount of $100,000 for community branding services and authorize the appropriate
officials to execute same. (consent)
See Below.
7.9 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of
Clearwater, FL in the amount of $150,000 for the purchase of replacement hydraulic
parts and repairs for vehicles and equipment used by city departments during the
contract period August 1, 2014 through July 31, 2015, in accordance with Sec.
2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q and authorize
the appropriate officials to execute same. (consent)
7.10 Appoint Edward T. O’Brien, Jr. to the Marine Advisory Board to fill the remainder of an
unexpired term until March 31, 2015.
7.11 Designate Councilmember Jonson to be the official voting delegate at the Florida
League of Cities' Annual Conference, August 14-16, 2014. (consent)
See Below.
Councilmember Jonson moved to approve the Consent Agenda,
less Items 7.8 and 7.11, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
Page 4 City of Clearwater
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City Council Meeting Minutes July 17, 2014
unanimously.
7.8 Award a one-year contract to North Star Destination Strategies for a not to exceed
amount of $100,000 for community branding services and authorize the appropriate
officials to execute same. (consent)
As part of the 2014 Strategic Planning process, a need was identified to
Develop and Promote Our Brand. Completing this task involves retaining an
outside branding consultant to research and develop a new community identity.
Clearwater has not had a consistent brand image in the past ten years and is
now seeking to cross-functionally market Clearwater to drive business,
relocation, tourism and general perception. The City currently has a
fragmented perception and has different groups working in different directions.
The City seeks to work together to create a seamless image amongst these
organizations under one overall marketing plan. The final plan will also involve
coordinating with city-related groups including the Chambers of Commerce,
Economic Development, elected officials, staff and businesses.
The City’s brand is what people say about Clearwater. That impression is a
combination of emotional and intellectual reactions to all the different
experiences, marketing communications and behaviors people have
encountered on behalf of Clearwater. Branding is the process the City will
embark upon to change, refine or improve what people say and think about
Clearwater.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the strategic direction action plan project 99860 to fund
this project.
Vice Mayor Hock-DiPolito expressed concerns with North Star's work
product for Enterprise Florida and proposed cost. It was suggested that
local branding businesses should be considered.
Public Communications Director Joelle Castelli said she will seek a
response from North Star. Assistant City Manager Jill Silverboard said
the RFP selection committee considered local firms, none of which were
cheaper, and determined the local firms did not have experience in
community branding. North Star's contribution with Enterprise Florida was
strictly research.
Vice Mayor Hock-DiPolito moved to continue Item 7.8 to August 7,
2014. The motion was duly seconded and carried unanimously.
7.11 Designate Councilmember Jonson to be the official voting delegate at the Florida
League of Cities' Annual Conference, August 14-16, 2014. (consent) Page 5 City of Clearwater
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City Council Meeting Minutes July 17, 2014
The Florida League of Cities’ Annual Conference will be held at the Westin
Diplomat, Hollywood, Florida on August 14-16.
The League is asking each municipality to designate one official to be the
voting delegate at the Annual Business Session on Saturday, August 16 at
9:00 a.m. Election of League leadership and adoption of resolutions are
undertaken at the business meeting.
Mayor Cretekos expressed concern with unused travel money being
transferred to another councilmember, instead of being returned to the
general fund. Councilmembers who are appointed to represent the City
at the conference should not have to use personal funds. Mayor
Cretekos said he would provide his unused travel, this year only, to the
Councilmember appointed as the City's voting delegate.
Councilmember Hamilton moved to approve Item 7.11. The motion
was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the City of Clearwater's Fiscal Year 2014-2015 Consolidated Annual Action
Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016
Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into
agreements with organizations contained in the Fiscal Year 2014-2015 Consolidated
Annual Action Plan.
The U.S. Department of Housing and Urban Development (HUD) requires
communities that receive entitlement Community Development Block Grant
Program (CDBG) and HOME Investment Partnership Program (HOME)
funding to prepare a comprehensive five-year consolidated planning document
that evaluates the needs of the community and sets forth strategies to address
those needs. The Fiscal Year 2011-2016 Consolidated Annual Action Plan is
mainly a continuation of our prior Consolidated Plan and was completed in
2011.
In addition, the City is required to create and implement an annual action plan
identifying the sources and uses of federal money for housing, community and
economic development. This annual plan, referred to as a Consolidated Annual
Action Plan, provides HUD with the City’s housing, community and economic
development budget and proposed expenditures based on the entitlement
funds and estimated program income that the City will receive in the upcoming
Page 6 City of Clearwater
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City Council Meeting Minutes July 17, 2014
fiscal year to meet the goals established in the Five-Year Plan.
In Fiscal Year 2014-2015, the City is estimated to receive federal funds in the
amount of $726,298 through the Community Development Block Grant
(CDBG) and $299,956 through the HOME Investment Partnership Program
(HOME). The City is also estimated to receive $499,545 through the State of
Florida State Housing Initiatives Partnership Program. The total Fiscal Year
2014-2015 entitlement allocation budget is $1,525,799. Funds provided
through the HOME Program are limited to housing-related activities and
administration. Funds provided through the CDBG Program may be used for
housing, community and economic development, public services and facilities,
acquisition, relocation, demolition and administration. Additional funding for the
Fiscal Year 2014-2015 budget will come from estimated program income funds
and unprogrammed prior year CDBG, HOME, Neighborhood Stabilization
Program, SHIP and Pinellas County Housing Trust funds (loan repayments,
loan payoffs, recaptured funds, etc) estimated at $219,448. Other funds may
include those leveraged from private sector investments. Total budget for
Fiscal Year 2014-2015 is $1,745,247.
The City partners with several non-profit agencies to implement the goals and
objectives the City had established in the Consolidated Planning Document. To
obtain these partners, the City annually publishes a Notice of Funding
Availability (NOFA) in the local newspaper and on its website. This notice
informs the non-profits of the resources the City will make available and the
eligible uses of these resources. It also informs them of the application period
for requesting funds. This year the applications were due in April and the City
received a total of 18 applications for funding requests.
A Technical Review Committee (TRC), comprised of professionals in the
social service and grants community and two members of the City’s
Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the
applications, scored them and set forth a strategy to maximize the number of
applicants that will receive a portion of allocated funds. Applicants were given
an opportunity to present at the monthly NAHAB meeting regarding their
programs. City staff also reviewed each application to ensure it met HUD’s
baseline requirements. The NAHAB met on May 13, 2014 to approve the
recommended allocations contained in the Fiscal Year 2014-2015
Consolidated Annual Action Plan. In addition, the NAHAB reviewed the Action
Plan on June 24, 2014 and recommended approval.
Each year, the City may allocate up to 15% of its CDBG allocation for Public
Services organizations. The City may also provide funds for operating
expenses to subrecipients who qualify as a Community Based Development
Organization. While the City’s Housing Division received requests for Public
Services funding in the amount of $266,970, we were only able to allocate
Page 7 City of Clearwater
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City Council Meeting Minutes July 17, 2014
$134,988 to ten organizations. The NAHAB has endorsed a sliding scale
funding system for Public Services applicants that allows the top two scorers to
receive 60% of their request, the second two receive 50% of their request, and
others receive 40% of their request until all of the allowable funds are
allocated. The maximum allocation per agency’s request is $18,000. This
method allows a majority of the Public Services applicants to receive funding.
All organizations that will be receiving an allocation will have agreements
prepared and executed by October 1, 2014. Staff monitors these
organizations for compliance on a yearly basis. In addition, $150,000 was
allocated to Public Facilities, which will go towards renovations of the following
facilities: RCS Grace House, Kimberly Home, and Directions for Living.
The City’s Housing Pool will target funding efforts for Housing Activities in the
Rehabilitation, Down Payment and Closing Cost Assistance Programs. The
amount available this year is $1,038,113 for the following organizations:
Habitat for Humanity, Habitat for Humanity CHDO, Tampa Bay CDC, and
Largo Area Housing Development Corp.
The Consolidated Annual Action Plan is due to HUD on August 15, 2014.
Councilmember Polglaze moved to approve the City of Clearwater's
Fiscal Year 2014-2015 Consolidated Annual Action Plan, to carry
forward the goals and objectives set forth in the Fiscal Year
2011-2016 Five-Year Consolidated Plan, as required by HUD, and
authorize the City to enter into agreements with organizations
contained in the Fiscal Year 2014-2015 Consolidated Annual Action
Plan. The motion was duly seconded and carried unanimously.
8.2 Approve a Community Housing Development Organization Agreement with Bright
Community Trust, Inc. to acquire, rehabilitate and resell three affordable housing units
in the amount of $295,405; certify the agency as a City of Clearwater Community
Housing Development Organization, and authorize the appropriate officials to execute
same.
A Community Housing Development Organization (CHDO) is a private,
non-profit, community-based service organization whose primary purpose is to
provide and develop decent, affordable housing for the community it serves. To
assist in achieving these purposes, the City of Clearwater, under the HOME
Investment Partnership (HOME) Program, must reserve not less than 15% of
their HOME allocations for investment in housing to be developed, sponsored,
or owned by a CHDO.
Bright Community Trust, Inc. (formally Pinellas Community Housing
Foundation) was formed in May 2008 as a Florida not-for-profit organization
established to increase and preserve long-term affordable housing for low and
Page 8 City of Clearwater
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very-low income persons and provide education to individuals. The Pinellas
County Board of County Commissioners authorized the creation of Bright
Community Trust, Inc (BCTFL) and authorized the Housing Finance Agency to
utilize land trusts as a vehicle to facilitate affordable housing in Pinellas
County.
Community land trusts are community-based nonprofits created to ensure
long-term housing availability and affordability. Based on the idea of Perpetual
Affordability, community land trusts become the stewards of land and maintain
it permanently beginning with a ninety-nine year renewable-ground lease. New
homeowners only own their home and sign a long-term lease of the land their
home sits on. This ensures the affordability of the home because the
homebuyer only obtains a mortgage on the structure. When the home is sold,
the owner earns a portion of the increased property value, having agreed to
invest the remainder in maintaining the trust and ‘paying it forward’. This allows
for the sale of the home to the next family at an affordable price.
On May 20, 2014, BCTFL applied for a designation as one of the City’s eligible
CHDOs.
On June 6, 2014, a Notice of Funding Availability was placed in the local
newspaper for applicants to apply for funding as a CHDO. BCTFL was the only
applicant. Their proposed project is to acquire, rehabilitate, and resell three
affordable housing units to low to moderate-income families.
On June 27, 2014, the City’s Economic Development and Housing Department
Staff determined that BCTFL met the program requirements to become a
CHDO and recommended that they be certified as one. The Neighborhood and
Affordable Housing Advisory Board also recommended that BCTFL be certified
as a CHDO and approved the proposed project.
The funds will be provided through the remaining balance in Fiscal Years 2011,
2012 and 2013 HOME Program CHDO set-aside allocations of $10,107.32,
$45,301.65, and $43,513.65 respectively. The balance of the funds will be
derived from HOME Program Income ($122,631.63) and the Pinellas County
Housing Trust Fund ($73,851.25) totaling $295,405. Additional funds may be
provided to the agency under the program format established in the City’s
Housing Pool Program.
The CHDO agreement is effective from July 17, 2014 through September 30,
2015. When the CHDO agreement expires, BCTFL must reapply to become
recertified as a CHDO.
The anticipated timeline for the project includes acquiring property by August
2014, starting the renovations by September 2014 and completing the
renovations by November 2014. The agency anticipates that the units will be
resold to a qualified low to moderate-income family by December 2014.
Page 9 City of Clearwater
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Councilmember Hamilton moved to approve a Community Housing
Development Organization Agreement with Bright Community
Trust, Inc. to acquire, rehabilitate and resell three affordable
housing units in the amount of $295,405; certify the agency as a
City of Clearwater Community Housing Development Organization,
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
8.3 Amend Section 3-1508 of the Community Development Code of the City of Clearwater
to clarify prohibited noises and pass Ordinance 8570-14 on first reading.
The proposed amendments are intended to more clearly capture within the
types of prohibited noise those rumbling or reverberating rhythmic bass type
sounds that many residents frequently hear while traveling by motor vehicle
throughout the city or within their residences.
Additionally, because the courts have held that amplified music is a form of
communication and expression protected by the First Amendment, the
proposed amendments will fortify the noise ordinance against constitutional
attack. For example, the Florida Supreme Court held that the State of Florida’s
noise statute prohibiting sounds heard 25 feet or more and coming from motor
vehicles was unconstitutional because those engaged in political or commercial
activities while using a sound truck, for example, were exempted from the
noise statute.
Similarly, the preferential treatment afforded to noise coming from religious
worship activities regardless of how disturbing the noises are to reasonable
persons of ordinary sensibilities could subject the ordinance to an attack under
the Equal Protection Clause of the Federal and State Constitutions. For
example, currently, the exception would arguably allow a church to ring bells at
2:00 a.m.; and police could not take any action because of the exemption
contained in the ordinance.
The exemption is unnecessary because a police officer will always be making a
determination if a sound is so loud as to be disturbing to reasonable persons of
ordinary sensibilities. Thus, it is difficult to conceive of a situation where a
church was engaged in routine worship activities that would ever meet the
threshold of becoming a noise violation: that is, that a reasonable person of
ordinary sensibilities would find the activity to be disturbing. Moreover, the
intent clause added to Section 3-1508A clearly states that “[i]t is the intent of
this section to regulate unreasonably excessive noise and not to interfere with
or unduly burden the exercise of a person’s freedom of speech, expression, or Page 10 City of Clearwater
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City Council Meeting Minutes July 17, 2014
religion.”
The proposed amendments will go before the Community Development Board
on Tuesday, July 15. Staff will report action taken by CDB at the July 17
council meeting.
Councilmember Jonson moved to amend Section 3-1508 of the
Community Development Code of the City of Clearwater to clarify
prohibited noises. The motion was duly seconded and carried
unanimously.
Ordinance 8570-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8570-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8567-14 on second reading, annexing certain real property 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.
Ordinance 8567-14 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8567-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.2 Adopt Ordinance 8568-14 on second reading, amending the future land use map
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1234 Palm Street, Clearwater, Florida
33755, upon annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8568-14 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8568-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Page 11 City of Clearwater
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City Council Meeting Minutes July 17, 2014
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.3 Adopt Ordinance 8569-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1234 Palm Street,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 8569-14 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8569-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.4 Adopt Ordinance 8571-14 on second reading, 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.
Ordinance 8571-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8571-14 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.5 Adopt Ordinance 8572-14 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of
$2,723,088.
Ordinance 8572-14 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8572-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10. Presentations (by government agencies or groups providing formal updates
to Council) – Given.
Page 12 City of Clearwater
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10.1 Pinellas Planning Council (PPC) Countywide Update Local Government Review
Package - Linda Fisher, PPC Principal Planner
Ms. Fisher provided a PowerPoint presentation regarding the PPC’s efforts to
updating the countywide plan. The PPC has asked the City to review the
information and provide comments by the end of August.
In response to questions, Ms. Fisher said the PPC does not want to see new
Residential High redevelopments throughout the county. The PPC wants to
direct new growth to the centers and corridors where they can be served by
transit. City staff has identified a number of Residential High parcels along
Gulf to Bay Boulevard. Ms. Fisher said as long as the City maintains the
designation, those Residential High parcels may continue, even if the
buildings are demolished and rebuilt. If a parcel is adjacent to a residential
area and less than three acres, it is likely to be included in the Neighborhood
category. The countywide plan update proposes lower densities in the coastal
high hazard areas.
11. City Manager Reports
11.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2014/15 and set public
hearing dates on the budget for September 4, 2014 and September 18, 2014, to be
held no earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing
and adopting a budget. This information must be provided to the Pinellas
County Property Appraiser and Tax Collector by August 4, 2014. The City's
proposed millage rate and public hearing dates will be included on the TRIM
notices mailed to taxpayers in August. This tentative rate cannot be increased
without first-class mailing notification to each taxpayer at the expense of the
City of Clearwater, not less than 10 days and not more than 15 days before the
public hearing.
The City Manager's recommended millage rate is 5.1550 mills. The rate is
8.09% more than the rolled back rate of 4.7693 mills. The rolled-back rate is
the millage rate that will provide the City with the same property tax revenue as
was levied in the prior year. If the proposed millage rate of 5.1550 mills is
adopted, the City's ordinance adopting the millage rate will reflect an 8.09%
increase from the rolled-back rate of 4.7693 mills.
Page 13 City of Clearwater
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The Preliminary Budget is based upon the preliminary property values provided
by the Pinellas County Property Appraiser on May 28, 2014. These property
values reflected a 5.3% increase from $7.737 billion to $8.145 billion.
Updated property values were provided from the Appraiser on July 1, 2014.
The updated values reflect a greater increase of 6.45%, from $7.737 billion to
$8.237 billion. This will provide approximately $390,390 in net additional
General Fund revenues for fiscal year 2014/15 that are not reflected in the
proposed budget. These revenues could be allocated by the City Council for
other issues not addressed in the proposed budget, or they will be allocated to
General Fund reserves.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2014 compliance forms as follows:
5.1550 mills - Tentative millage rate
4.7693 mills - Rolled-back millage rate
7.4079 mills - Maximum majority vote rate
8.1487 mills - Maximum two-thirds vote rate
Councilmember Jonson moved to adopt a tentative millage rate of
5.1550 mills for fiscal year 2014/15 and set public hearing dates on
the budget for September 4, 2014 and September 18, 2014, to be
held no earlier than 6:00 p.m. The motion was duly seconded and
carried unanimously.
11.2 Approve and accept an Interlocal Agreement/Franchise with the City of Tarpon
Springs in order to provide natural gas service to the citizens of Tarpon Springs and
adopt Resolution 14-09.
On July 2, 2014, the City of Tarpon Springs Commission approved the
Interlocal Agreement with the City of Clearwater, which provides a franchise for
the Clearwater Gas System to provide natural gas service in Tarpon Springs.
The Clearwater Gas System has provided service within the City of Tarpon
Springs for the past 30 years under a prior franchise agreement.
The Interlocal Agreement provides the City of Clearwater an additional 15 year
non-exclusive right to continue to construct, operate and maintain all facilities
necessary to supply natural gas to the City of Tarpon Springs. The agreement
also provides for renewal options, which may extend this agreement for up to
30 years.
The Interlocal Agreement provides for a 6% franchise fee to be paid by the
consumers of natural gas within the City of Tarpon Springs. The prior Page 14 City of Clearwater
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City Council Meeting Minutes July 17, 2014
franchise fee was 5%.
Vice Mayor Hock-DiPolito moved to approve and accept an
Interlocal Agreement/Franchise with the City of Tarpon Springs in
order to provide natural gas service to the citizens of Tarpon
Springs. The motion was duly seconded and carried unanimously.
Resolution 14-09 was presented and read by title only.
Councilmember Polglaze moved to adopt Resolution 14-09. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11.3 Authorize the adoption of Supplemental Joint Participation Agreement (JPA) Number
3 between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) amending contract AQJ28 to expand the scope of work,
authorize the appropriate officials to execute same, and adopt Resolution 14-24.
FDOT Supplemental JPA Number 3 expands the scope of work to include the
acquisition of a storage shed for maintenance equipment, a new airport
entrance sign, a scissor lift for the maintenance of the ceilings inside the
hangars, a scrubber for hangar floor maintenance and a new sign for the
exterior of the FBO building at the Clearwater Airpark at no additional cost to
either party.
Councilmember Hamilton moved to authorize the adoption of
Supplemental Joint Participation Agreement (JPA) Number 3 between
the City of Clearwater and the State of Florida Department of
Transportation (FDOT) amending contract AQJ28 to expand the scope
of work, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
Resolution 14-24 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 14-24. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11.4 Approve the Interlocal Agreement between the City of Clearwater, Florida and Pinellas
County, which will allow the County to provide television support services to the City
on an as-needed basis, authorize the appropriate officials to execute same, and adopt
Page 15 City of Clearwater
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Resolution 14-22.
The Public Communications Department has only two full-time employees
trained to operate the C-VIEW government access television station. From
time to time, employees are out of the office for vacation, sick, funeral leave
or other various reasons, and those times can conflict with the televised
meeting schedule. In order to keep meetings televised and C-VIEW TV
operational, staff has created an agreement with Pinellas County’s
Department of Communications to have County staff trained in operating
Clearwater’s television station and equipment. This is a more cost-effective
and reasonable option than hiring part-time employees or contractors.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Public Communication’s budget to fund costs
associated with this agreement.
Vice Mayor Hock-DiPolito moved to approve the Interlocal
Agreement between the City of Clearwater, Florida and Pinellas
County, which will allow the County to provide television support
services to the City on an as-needed basis, authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
Resolution 14-22 was presented and read by title only.
Councilmember Polglaze moved to adopt Resolution 14-22. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
12. City Manager Verbal Reports
12.1 Election Sign Education and Enforcement
The City Manager said the last election highlighted an issue of candidates not
conforming to the City’s sign code regarding election sign placement. It was
commented that it is the responsibility of the candidate to be aware of local
sign codes. There was consensus to have the City Clerk provide the
Supervisor of Elections a letter to candidates with the City of Clearwater sign
code and to have code enforcement remove smaller signs in the
rights-of-way. The City will contact candidates to let them move larger signs
that are in or encroaching on the rights-of-way. The City will also contact
major political parties to inform them of the sign code.
Page 16 City of Clearwater
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City Council Meeting Minutes July 17, 2014
12.2 2015 Trip to Nagano
Administrative Support Manager Felicia Leonard said Nagano officials
suggested the City visit in the last part of July or in October, which is when the
visit took place in 2009, or any other timeframe.
Discussion ensued with consensus for staff to suggest the following dates to
Nagano officials: 1) October 2-10, 2015, or 2) October 19-29, 2015.
Discussion ensued regarding creating a budgeted travel fund for the Nagano
trip which takes place every five years. There was consensus to transfer
unused annual council travel funds to the Nagano trip fund and to pay airfare
for the City Council, City Manager and the Cultural Affair Liaison.
Vice Mayor Hock-DiPolito moved to authorize the transfer of unused annual
travel funds to a Nagano trip fund and to pay the airfare for the City Council,
City Manager and the Cultural Affair Liaison. The motion was duly seconded
and carried unanimously.
13. City Attorney Reports - None. 14. Other Council Action
14.1 Borrow unused travel budget to cover Florida League of Cities Annual Conference
Expenses - Councilmember Jonson
No action taken. See Item 7.11.
15. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Hock-DiPolito reported Representative Hooper and Florida
Department of Transportation (FDOT) gave an update on the intersection of
Gulf to Bay Boulevard and Belcher Road. during the last Metropolitan
Planning Organization (MPO) meeting. FDOT will be installing flashing
yellow turn signals at all four corners and updating the ADA
requirements. She also reported on her trip to Washington D.C. with the MPO
to discuss the TIGER grant funding for the Pinellas trail. She said the
Transportation Management Area (TMA), comprised of the Pinellas, Pasco
and Hillsborough MPO’s, support Greenlight Pinellas.
Councilmember Jonson said the opening of the Courtney Campbell
Causeway Trail will coincide with the City’s 100th Anniversary. The Citizens
for a Scenic Florida, who meet two times a year to advocate for state
Page 17 City of Clearwater
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City Council Meeting Minutes July 17, 2014 legislation, is meeting at the Sheraton Sand Key on Saturday, July 19 and
invited the Mayor to attend.
16. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events, expressed
condolences to survivors of John Agliano, Sheraton Sand Key Assistant
General Manager, and encouraged citizens to participate in Clearwater's
Citizens Academy. 17. Adjourn
The meeting adjourned at 8:28 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Page 18 City of Clearwater
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Cfrh'kton
D
My wife and I have been living in this city for 42 years. In
fact we have been at this address and a taxpayer, the whole time te
izi2;_q„(Oiave had an excellent relation with our neighborhood church he
Lakeview Baptist Church, the entire time. owev- • I -ars ago a
new church moved in called, `Centro Cristiano El Shadai'. This really
doesn't seem like a church to us, in fact to the whole neighborhood. It
really looks like a spanish community center.
What is our complaint about this place. 1. Their loud uninterrupted
i -noise each and every weekend. In fact a lot f nights until 11:30, 12:00.
2. Their ability to building and changing things without any city permits...
T - •ermit department has issued their warnings.,,They had-said-to-ar j,
that this I I - .: • o. Oh by the way, none of this playground was ever
h
applied for or gotten any permits to do this.
a. Forty feet high floodlights, a basket ball court, in their
Ed. Rouisse
1395 Browning St.
Clearwater FI. 33756
727 -446 -6658
knoled @knology.net
parking lot.
b. V-. , Ss
c. Loud music, hollering and drinking."
d. Children running in and out between the parked cars.
This parking lot is about 75 by 100 feet. Why do we think they are
drinking? Because their empty beer cans end up in our yards. We
have kept the empties to show anyone who cares. One of our
neighbors has 15 empty beer can, that was thrown into her yard.
3. Their floodlights glare into all our homes, and this and the noise
keeps us awake until they finally leave.
page 2
We have gotten in touch with the Clearwater, Neighborhood
Services, Code Enforcement Dept. We talk to Nilda about this matter
and she has delivered, with the help of the police dept., certain papers
in the regard to permits needed. We, personally, can not approach
these people because the police department has warned us to not go
near them. T e said tl his cowl -
officer had been threatened an saidat there are gang members
there.
If anyone thinks this isn't true please come down here any Friday
and Saturday evening, and see for themselves.
Respectfully Yours
Edmond Rouisse
CITY COUNCIL
December 11, 2009
Mr. Edmond Rouisse
1395 Browning Street
Clearwater, FL 33756
Dear Mr. Rouisse:
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748
CITY HALL, 112 SOUTH OSCEOI.A/AVENIIE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4050 FAX (727) 562 -4052
This is a respond to your recent letter regarding the Centro Cristiano El Shadai' Church. Since
receipt of that letter I have asked the City Manager to have investigate the issues you have described.
They have verified the existence of some of the problems you have described. Your information
has been provided to the City's Police Department as well.
Staff from Code Compliance as well as a Hispanic liaison officer from the Clearwater Police
Department have visited the Church and met with the pastor. The Church has been asked to advise
the Police Department when events occur so police presence may be provided. Staff has directed the
church to refocus lighting that may have been a problem. Staff is of the understanding the lighting
fixtures have been in place for some time. I have been advised that notices of violation have been
issued for lights, grass parking, and broken windows on a structure located on the property.
While not specifically regulating the operational characteristics of a church or its related recreational
or other accessory types of activities, the City does have nuisance regulations of general
enforceability. As such, this would permit reporting of excessive noise complaints to the Clearwater
police department. Should excessive trash, debris, or other similar nuisances be evident, those
should be reported to the City's code compliance staff by calling 562 -4717.
I understand your concerns regarding this matter and the City Manager and staff will take actions
warranted where violations of city ordinances can be verified.
Sincerely,
94-6V
Frank V. Hibbard
Mayor
Cc: City Council
William B. Horne II, City Manager
Michael Delk, Director, Planning and Development Director
FRANK V. HIBBARI), MAYOR
GEORGE N. CRETEKOS, COUNCILMEMBER
PAUL F. GIBSON, COUNCILMEMBER
JOHN DORAN, COUNCILMEMBER
C.ARI.EN A. PETERSEN, COUNCILMEMBER
EQUALQIUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
Code Enforcement
Bellow are a few of our building codes which are being ignored.
1. Business Tax avoiders. (page 4 of Community Response Team)
What is disguised as a church is really an organization group
gathering.
2. Debris. (page 5)
a. We have in our neighborhood a debris blight. Trash, 5 city
barrels almost always filled to overflowing.
b. A house filled to the brim with fumiture and other debris.
c. Registered and unregistered autos in their parking lot.
d. Chairs and other debris on their roof.
3. Grass Parking. (page 6)
Autos parked on grass, off grass, and on the street, even under
the, -NO PARKING SIGN -.
4. Noise. (page 7)
a. Over excessive noise sometimes way after 11:00 o'clock.
b. Cheering.
c. Megaphones, broadcast music, talking, so loud that with all our
windows and doors closed our wall, in our houses, vibrate.
d. The Mexican national anthem, in (Spanish of course).
e. Never ever any effort to learn or speak English.
f.. When they finally close down, 20 cars are finally speeding out
of there, screeching their tires.
5. Two 30 foot high, floodlights in parking lot that had, no permits to be
erected. Floodlights in trees, blaring excessively bright, in our
neighborhood, until all hours of the night.
6. When the first basketball court was erected, (in their parking lot) with
no legal PERMIT, the city asked about them about this, they gave the
city officials the finger and erected a second one. How is that for
observing the rules or laws. Who else in this city could ever get away
page 2
with that?
6. Converting a parking lot into a playground, no permit or.
No signs to designate that children are at play on a very busy streets.
It is only a matter of time before a child is hurt.
These are not neighbors. These are people who come into our
neighborhood from Largo, Clearwater, Dunedin and as far away as
Palm Harbor. 90% of them are ILLEGAL.
Does anyone in Clearwater know what (ILLEGAL), means?
Using this parking lot for games, dances, carnivals, drinking parties,
barbecues, and the like. If all our neighbors were doing this that would
be one thing, but when they come from all outlying areas into our
residential neighborhood and create such havoc that is another.
We have codes and code enforcement for this particular reason.
What kind of inside strength do they have on our city, and its officials,
that they can ignore our laws and do exactly what they like?
Every week their Van brings in another 12 to 15 more into our
community, from Louisiana, or Texas or New Mexico. Do the officials
of Clearwater not know this? Is it not as obvious to them, as it is to us?
There are now over 12,000 (ILLEGALS), in our immediate community,
NOW.
Please, please, please, we need the city of Clearwater to come to
its senses and over look at this situation and correct it where possible,
right now, or are you all being controlled?
Ed. Rouisse
1395 Browning St.
earwater FI. 33756
727- 446 -6658
Your Honor our Ma
mt/' nole k I
1:
111 AAP
sho . - C6 let you know what evplio a around
here is trying to keep secret. That is the society of illegal Mexicans. It isdescribedasachurchbuttheresolepurposeisthetransport
Mexicans. Two weeks ago they made their last deposit of
looked like about ten grownups and three children.
You might ask what is my concern on this matter. It is not
like we are all Ong here as quiet little citizens. No we are not becausethisiseffectingeveryoneofus. You see they not only bring them inherebuttheyalsoentertainthemalmosteverynight
g
Especially on week ends. On
ry g of the week.
weekends we, in this very close knit
community, have to endure parties games and drinking that goes on
until one of us calls the police and they shut this fiasco down. We end
up calling the police almost every Friday and Saturday evening. I sayfiascobecausetheycarryonuptherewithveryloudmicrophones, very
music, at there party which includes alcohol. One of our neighborsry
has 16 empty beer can, that was thrown into her eard. I myself haveYY _ e
og et
an 1
It is not like there trying to teach these peo 11- •,0_'= aglish, oh
no, because they speak nothing but spanis
Getting back to the area they are gathering. This place is called
Centro Cristiano El Shaddai. This is suppose to be a church, but it is
anything but. I would call this place an illegal super market. The parkingisabout75by100feet. They have erected two 50 foot floodlights g
and two basket ball nets. On the wall of their
i9hts
score board. The floodlights church is a very large
g is brightens this whole area, and it's everyweekend. Oh by the way, none of this playground was ever applied for
page 2
or gotten any permits. The children run in and out of the cars and I'm
afraid that someday there could be a very serious accident . This is like
an unauthorized playground.
We have gotten in touch of the Clearwater, neighborhood
Services, Code Enforcement Dept. We talk to Nilda about this matter
and she has delivered, with the help of the police dept.} certain papers
in the regard of permits needed. She had to have the police dept.
accompany her because there has bp . The police
dept. has warned us to never go up th a escort. None
of these city request ever has gotten any results. They just cary on like
they have some very political muscle somewhere. They continue to
expand and to build around this unauthorized area, without permits.
This has been going on now for two and one half years. These
people come from Largo, Clearwater, Dunedin, Palm Harbor, and
Safety Harbor.
My wife and I have lived here for 41 years. We have raised six
children here and up to 2.5 years ago this has been an exceptionallygoodareatolivein.
We are at our wits end as to what is the right thing to-do. Whatcanwedotogetourcommunitybacktopeaceandnormal.
If you have any doubts about this going on, please come downheranyFridayorSaturday, around nine PM, and witness this for
yourself.
Any help to our big problem would be greatly appreciated.
Respectfully Yours
Edmond Rouisse
The neighborhood problem
CENTRO CRISTIANO EL SHADDAI
1388 Lakeview Rd.
Clearwater FI.
Disturbing the peace and Ordinance Violation over
and over again.
1. Large noisy gathering in a neighborhood
context.
2. No permits for the following.
3. Turning a parking lot into a basketball court,
4. An unauthorized playground, in our living
community.
5. Two Floodlight towers, 75 ft. high, which are
very dangerous and flood the entire neighborhood
until, (most evenings) until 11:30 at night.
6. Storage house completely unkempt.
7. Loudspeakers, sometimes, very loud) blaringg
Page 2
until eleven thirty in the evening.
8. This is without a doubt, what they calla `Stash
House ". Do you know what a stash house is? use
Are they exempt or especially privileged to break
any and all rules and laws of this city?
Why? I ask you? Why? Why?
The neighborhood problem
CENTRO CRISTIANO EL SHADDAI
1385 Lakeview Rd.
Clearwater Fl.
Disturbing the peace.
Ordinance Violation.
Large noisy gathering in a neighborhood context.
Until
Friday evening, 6/27/08. 12:00 midnight
Saturday evening, 6/28/08 11:00
Friday evening, 7/4/08 12:00
Saturday evening, 7/5/08 11:00
Friday evening, 7/11/08 11:00
Friday evening, 7/18/08 11:00
Friday evening, 10/3/08 12.30
Loudspeakers, Playing basketball, and Cheering section.
No permits for the following.
4 to 5 Junk cars with no tags.
Turning a parking lot into a basketball court,
or worse yet an unauthorized playground, in our living community.
Two Floodlight towers, 75 ft. high, which are very dangerous.
page 2
Floodlights from trees.
Storage house completely unkempt.
Five barrels of trash completely unkempt, trash sometimes
everywhere.
Loudspeakers, sometimes, very loudly blaring until eleven thirty.
Are they exempt or especially privileged??????
010113 -00271
010413 -00391
010413 -00431
010912 -00246
011014 -00581
011412 -00329
011714 -00450
012210 -00415
012312 -00403
012812 -00465
013110 -00090
020411 -00386
020510 -00443
020914 -00505
021014 -00035
021112 -00440
021310 -00447
021812 -00467
021911 -00343
022010 -00403
022411 -00397
022611 -00570
022814 -00026
022814 -00042
030210 -00401
030814 -00587
032610 -00563
041511 -00540
042712 -00562
042912 -00256
050710 -00508
050810 -00458
051112 -00442
051810 -00233
CW13- 0000247
CW13- 0001866
CW13- 0001902
CW 12- 0003486
CW 14- 0004668
CW 12- 0005715
CW 14- 0007966
CW 10- 0007636
CW 12- 0009349
C W 12- 0011609
CW10- 0011018
CW11- 0012097
CW10- 0013219
CW14- 0018311
CW14- 0018339
CW 12- 0017671
CW10- 0016378
CW12- 0020844
CW 11- 0017512
CW10- 0019002
CW11- 0019389
CW11- 0020397
C W 14- 0027061
CW14- 0027077
CW 10- 0022869
CW 14- 0031685
CW10- 0032938
CW 11- 0043282
CW 12- 0055009
CW12- 0055807
CW10- 0050322
CW10- 0050695
CW 12- 0062279
CW10- 0054639
NOISE
NEIGHBOR CALL
ASSIST CITIZEN
NOISE
THROWING DEADLY MISSILE-J/0
NOISE
NOISE
EMOTIONALLY DISTURBED PERSON
NOISE
NOISE
NOISE
NOISE
NOISE
NOISE
NOISE
NOISE
BATTERY-J/0
NOISE
NOISE
NOISE
NOISE
NOISE
ACCIDENT WHITE FORM
NOISE
ASSIST CITIZEN
NOISE
NOISE
NOISE
TRESPASS
1/1/2013 9:42
1/4/2013 21:01
1/4/2013 22:30
1/9/2012 13:03
1/10/2014 23:33
1/14/2012 21:10
1/17/2014 21:26
1/22/2010 21:15
1/23/2012 20:41
1/28/2012 22:28
1/31/2010 9:05
2/4/2011 20:10
2/5/2010 22:35
2/9/2014 23:53
2/10/2014 1:26
2/11/2012 22:13
2/13/2010 23:09
2/18/2012 22:11
2/19/2011 20:11
2/20/2010 21:02
2/24/2011 20:17
2/26/2011 22:51
2/28/2014 0:42
2/28/2014 1:45
3/2/2010 19:47
3/8/2014 22:55
3/26/2010 23:26
4/15/2011 23:09
4/27/2012 21:51
4/29/2012 14:52
5/7/2010 23:28
5/8/2010 21:09
5/11/2012 18:03
5/18/2010 14:15
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
MISC INC - CASE HANDLED NR
MISC INC- CASE HANDLED NR
MISC INC - ASSIST CITIZEN
MISC INC - ASSIST CITIZEN
BOLO -CALL BOLO'D
REPORT - CW - OFFENSE
MISC INC - UNFOUNDED
MISC INC - CASE HANDLED NR
REPORT- CW - INCIDENT
MISC INC - ASSIST CITIZEN
MISC INC - ASSIST CITIZEN
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - ASSIST CITIZEN
MISC INC - CASE HANDLED NR
MISC INC - UNFOUNDED
REPORT - CW - OFFENSE
MISC INC - ASSIST CITIZEN
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - ASSIST CITIZEN
MISC INC - ASSIST CITIZEN
MISC INC - UNFOUNDED
MISC INC - ASSIST CITIZEN
REPORT - CW - OFFENSE
CC- CANCELLED CALL
CC- CANCELLED CALL
MISC INC - CASE HANDLED NR
MISC INC - UNFOUNDED
REPORT - CW - INCIDENT
MISC INC - GONE ON ARRIVAL
MISC INC - CASE HANDLED NR
060111 -00418
061210 -00307
062111 -00229
062112 -00420
062112 -00497
062213 -00528
062214 -00503
070813 -00266
071110 -00350
071614 -00521
072013 -00488
072412 -00622
073110 -00187
080912 -00617
081211 -00446
081710 -00431
082711 -00419
090112 -00516
090711 -00328
090911 -00526
091209 -00319
091313 -00623
091512 -00470
091711 -00453
091813 -00362
091912 -00498
092113 -00569
092113 -00613
092212 -00519
092509 -00480
100811 -00361
100812 -00557
101813 -00527
102312 -00440
CW11- 0064578
CW10- 0066457
CW11- 0073640
CW12- 0082845
CW12- 0082917
CW 13- 0090658
CW14- 0086078
CW13- 0098730
CW10- 0079744
CW14- 0099201
CW13- 0105167
CW12- 0100392
CW10- 0088457
CW12- 0109089
CW11- 0097381
CW10- 0095566
CW11- 0103829
CW12- 0120638
CW 11- 0109064
CW 11- 0110066
CW09- 0093966
CW13- 0134986
CW12- 0127492
CW11- 0113784
CW13- 0137220
CW12- 0129352
CW13- 0139085
CW13- 0139130
CW12- 0130806
CW09- 0098595
CW11- 0123174
CW12- 0139392
CW13- 0152788
CW12- 0147338
JUVENILE TROUBLE - I/P
SUSP. EVENT -I /P
SUPPLEMENTS ACISS /LERS
UNKNOWN PROBLEM
BURGLARY - I/P
NOISE
DISTURBANCE /DISORDERLY -J /O
NOISE
NOISE
JUVENILE TROUBLE - I/P
NOISE
CRIMINAL MISCHIEF N /I /P
NOISE
NOISE
NOISE
NOISE
NOISE
NOISE
ACCIDENT WHITE FORM
NOISE
NOISE
NOISE
NOISE
NOISE
ASSIST CITIZEN
6/1/2011 20:15
6/12/2010 15:46
6/21/2011 13:58
6/21/2012 17:52
6/21/2012 20:42
6/22/2013 23:49
6/22/2014 22:18
7/8/2013 13:12
7/11/2010 20:13
7/16/2014 20:15
7/20/2013 22:33
7/24/2012 22:37
7/31/2010 11:40
8/9/2012 22:41
8/12/2011 20:11
8/17/2010 20:38
8/27/2011 19:40
9/1/2012 21:45
9/7/2011 17:46
9/9/2011 21:43
9/12/2009 22:24
9/13/2013 23:16
9/15/2012 21:11
9/17/2011 21:08
9/18/2013 14:33
9/19/2012 20:49
9/21/2013 22:19
9/21/2013 23:34
9/22/2012 20:21
9/25/2009 22:47
10/8/2011 19:04
10/8/2012 22:34
10/18/2013 23:15
10/23/2012 16:03
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
MISC INC - CASE HANDLED NR
REPORT - CW - INCIDENT
REPORT - CW - INCIDENT
REPORT - CW - FIELD INTERVIEW
REPORT - CW - SUPPLEMENT
MISC INC - CASE HANDLED NR
CC- CANCELLED CALL
MISC INC - GONE ON ARRIVAL
MISC INC - CASE HANDLED NR
BU -BACK UP
CC- CANCELLED CALL
MISC INC - GONE ON ARRIVAL
MISC INC - UNFOUNDED
REPORT - CW - OFFENSE
REPORT - CW - OFFENSE
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
REPORT - CW - OFFENSE
MISC INC - CASE HANDLED NR
MISC INC - UNFOUNDED
UNIT CANCELLED PRIOR TO ARR.
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - WHITE FORM
REPORT - CW - OFFENSE
MISC INC - UNFOUNDED
CC- CANCELLED CALL
MISC INC - ASSIST CITIZEN
MISC INC - UNFOUNDED
MISC INC - CASE HANDLED NR
REPORT - CW - OFFENSE
CN -CASE HANDLED
MISC INC - ASSIST CITIZEN
102409 -00379
102409 -00412
102612 -00338
102612 -00392
102612 -00570
102712 -00477
102712 -00481
110313 -00446
110609 -00325
111012 -00048
111212 -00006
111212 -00034
111613 -00437
111813 -00027
112412 -00474
112610 -00466
120410 -00399
120509 -00280
120613 -00579
120711 -00238
120813 -00001
121111 -00082
121313 -00483
121612 -00015
121613 -00001
122212 -00476
122509 -00341
122912 -00478
CFS
CW09- 0108735 NOISE
CW09- 0108760
CW12- 0149018 BURGLARY - N /I /P
CW12- 0149044 BURGLARY - N /I /P
CW12- 0149215 ASSIST CITIZEN
CW 12- 0149663
CW12- 0149666
CW13- 0160194 NOISE
CW09- 0113152 NOISE
CW12- 0156388
CW 12- 0157247
CW12- 0157276
CW13- 0166339 NOISE
CW13- 0166770 NOISE
CW12- 0163417 NOISE
CW10- 0138646 NOISE
CW10- 0141611 NOISE
CW09- 0122742 NOISE
CW13- 0175488 NOISE
CW11- 0148457 SUSP. PERSON -I /P
CW13- 0176015 NOISE
CW11- 0150082
CW13- 0178865 NOISE
CW12- 0173593 NOISE
CW13- 0179761 NOISE
CW12- 0177048 NOISE
CW09- 0130401 NOISE
CW12- 0179911 NOISE
Case Problem
10/24/2009 22:31
10/24/2009 23:31
10/26/2012 15:41
10/26/2012 17:35
10/26/2012 23:06
10/27/2012 20:46
10/27/2012 20:55
11/3/2013 23:47
11/6/2009 18:47
11/10/2012 1:47
11/12/2012 0:17
11/12/2012 1:28
11/16/2013 22:46
11/18/2013 1:27
11/24/2012 22:02
11/26/2010 23:46
12/4/2010 22:15
12/5/2009 20:51
12/6/2013 22:48
12/7/2011 13:00
12/8/2013 0:02
12/11/2011 7:20
12/13/2013 21:58
12/16/2012 0:37
12/15/2013 23:59
12/22/2012 23:06
12/25/2009 22:53
12/29/2012 23:14
Date
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 LAKEVIEW RD 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
1366 Lakeview Rd 306B
Address Grid
MISC INC - ASSIST CITIZEN
MISC INC - CASE HANDLED NR
REPORT - CW - OFFENSE
REPORT - CW - SUP /CRIME SCENE
MISC INC - ASSIST CITIZEN
MISC INC - ASSIST CITIZEN
MISC INC - ASSIST CITIZEN
MISC INC - UNFOUNDED
MISC INC - CASE HANDLED NR
REPORT - CW - OFFENSE
REPORT - CW - FIELD INTERVIEW
MISC INC - GONE ON ARRIVAL
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - CASE HANDLED NR
MISC INC - ASSIST CITIZEN
MISC INC - CASE HANDLED NR
MISC INC - UNFOUNDED
REPORT - CW - INCIDENT
MISC INC - CASE HANDLED NR
REPORT - CW - OFFENSE
BOLO -CALL BOLO'D
CC- CANCELLED CALL
MISC INC - ASSIST CITIZEN
MISC INC - ASSIST CITIZEN
MISC INC - UNFOUNDED
MISC INC - UNFOUNDED
Dispo.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-329
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Ratify and confirm accepting repayment of two loans appropriated to the Community
Redevelopment Agency (CRA) by City Resolutions 05-19 and 08-12 from the EPA Brownfields
Cleanup Revolving Loan Fund (BCRLF) utilized by the CRA to meet specific expenses
incurred for the environmental cleanup of real property identified as Pinellas County parcels
15/29/15/65196/000/0030, 0034, 0060, 0061, 0062 and 0063 (Clearwater Automotive Salvage
Yard) and approving a 30% discount per EPA rules for a total repayment of $454,179; and
approve expenditure of $194,648 reflecting the write-off of the 30% loan discount, to be
charged to the Brownfield Revolving Loan Fund. (consent)
SUMMARY:
The City of Clearwater received a US Environmental Protection Agency (EPA) grant to
establish a Clearwater BCRLF to provide funding to parties interested in the redevelopment of
environmentally impaired properties. The BCRLF is structured so that loan repayments made
once a property has been remediated can cycle back through BCRLF to be made available for
use at other properties. The BCRLF allows government entities to loan to other government
agencies, but requires a City resolution.
In May 2005, the City Council adopted Resolution 05-19 authorizing the use of the BCRLF,
and a loan not to exceed $350,000 to the CRA for the environmental cleanup of the
Clearwater Automotive Salvage Yard (Clearwater Auto).
In June 2008, the City Council adopted Resolution 08-12 authorizing the allotment of
$350,000 in additional monies to the CRA in the form of a loan to complete the Clearwater
Auto remediation.
Both resolutions state that the funds appropriated by the City from the BCRLF, and utilized by
the CRA for this purpose, shall be repaid to the BCRLF by the City or the CRA from either: a)
the private developer or another party to whom the CRA ultimately conveys the Site following
the environmental cleanup; b) TIF funds; c) the General Fund of the City, through budget
appropriations if the property is unable to be sold after a reasonable time (within five years of
the completion of the environmental cleanup provided for herein ); and d) other means legally
sufficient and approved by the Environmental Protection Agency (EPA).
The CRA is opting to repay the funds from TIF funds since the environmental cleanup has
been completed as stated in the Florida Department of Environmental Protection (FDEP) Site
Rehabilitation Completion order (SRCO) issued July 1, 2009 and the property has not been
sold. The funds for the repayment of the loan have been approved through the CRA budget
process and are available in CRA project 388-94855.
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-329
The purpose for the ratify and confirm is that while Resolution 05-19 and the Interlocal
Agreement between the City and CRA approved the loan repayment, it did not include the
approval of a discounted loan repayment per EPA rules. EPA rule Section II FRL -7989-9
states that the City may discount up to 30% of the principal amount of a loan, provided that
the total amount of the principal forgiven shall not exceed $200,000.
In summary, the total amount of the two loans made to the CRA was $648,827. Applying the
30% discount for these loans at $194,648 makes the final repayment to the BCRLF
(188-99802) total $454,179.
This payment satisfies the Interlocal Agreement between the City and CRA regarding the
environmental cleanup related to the Clearwater Auto project.
APPROPRIATION CODE AND AMOUNT:
A budget amendment will provide a transfer of $454,179 from CRA 388-94855 to project
188-99802.
Page 2 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-275
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Declare as surplus for the purpose of sale to the Community Redevelopment Agency (CRA),
real property lying within the Prospect Lake Development Site. (consent)
SUMMARY:
The City and CRA’s redevelopment strategy emphasizes the creation of a significant
residential concentration in and around the downtown core, to create the support for a retail
and recreation destination environment in the Cleveland Street District. In addition, the City’s
Economic Development Strategic Plan calls for the growth/support of employment
opportunities as part of the CRA’s Technology District and its software/information technology
industry cluster. The CRA views the development of the Cleveland Street and Prospect Lake
Park site as a major opportunity to further these strategies by adding a mixed-use project that
activates the street and creates living opportunities for the District’s workforce.
The CRA released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19,
2013 with the goal of selecting a qualified Development Team to successfully develop the
5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater,
one block east of the Downtown Core.
The successful proposal was submitted by Prospect Park Development, LLC (Developer).
The proposal consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of
allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting
Cleveland Street, which will be composed of a retail/office space and a residential component.
The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses
(exercise area, leasing office, and business center).
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement). The Development Agreement
requires that the CRA is, or will be, the owner of the project site by the closing date. The City
owns approximately 77,834 square feet of property (City Parcel) within the project site. The
City and CRA propose to enter into an Agreement for Exchange of Real Property whereby the
City will transfer the City Parcel to the CRA. Section 2.01(d)(5)(i), of the City of Clearwater
Charter, requires that, prior to the sale of any municipal real property, the real property must
be declared surplus and no longer needed for municipal public use by City Council.
The real property proposed as surplus is described as follows:
Commence at the Southeast corner of Parcel 64 (P-64) in "Mediterranean Village in the Park"
as recorded in Plat Book 125, Pages 44-46, in the Public Records of Pinellas County, FL,
thence North 89° 57' 44" West, a distance of 21.42 feet; thence South 00° 17' 21" West, a
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-275
distance of 25.71 feet to a POINT OF BEGINNING; thence South 00° 17' 21" West, a distance
of 91.53 feet; thence South 89° 39' 04" East, a distance of 139.15 feet; thence South 00° 04'
00" West, a distance of 119.20 feet; thence South 89° 39' 04" East, a distance of 150.00 feet
to a point on the West right-of-way line of Martin Luther King, Jr. Avenue; thence South 00°
04' 00" West, along said West right-of-way line of Martin Luther King, Jr. Avenue, a distance
of 80.50 feet to the North right-of-way line of Pierce Street; thence North 89° 39' 04" West,
along said North right-of-way line of Pierce Street, a distance of 386.83 feet; thence North 05°
34' 56" West, a distance of 61.39 feet; thence North 15° 56' 32" West, a distance of 122.03
feet; thence
North 29° 12' 41" West, a distance of 115.70 feet; thence North 53° 04' 15" West, a distance
of 27.08 feet; thence South 89° 42' 36" East, a distance of 76.33 feet; thence South 23° 09'
10" East, a distance of 4.77 feet; thence North 66° 50' 50" East, a distance of 10.99 feet;
thence South 89° 42' 36" East, a distance of 4.30 feet; thence South 23° 09' 10" East, a
distance of 32.70 feet; thence South 89° 42' 36" East, a distance of 63.71 feet; thence North
00° 17' 24" East, a distance of 26.04 feet; thence South 89° 42' 36" East, a distance of46.67
feet to the POINT OF BEGINNING.
Page 2 City of Clearwater Printed on 8/7/2014
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Previously Vacated Right-of-Way
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-331
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve the First Amendment to Agreement for Development and Purchase and Sale of
Property by and between the Community Redevelopment Agency (CRA) and Prospect Park
Development, LLC (Developer); and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement) in response to Request for
Proposals/Qualifications (RFP/Q) 12-13. The City joined the Agreement in order to cooperate
and support the CRA in meeting its obligations to grant easements over city property for the
construction of the project and enter into these agreements.
In summary, the mixed-use project consists of 257 market-rate rental dwelling units and up to
24,000 sq. ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work
units fronting Cleveland Street, which will be composed of a retail/office space and a
residential component. The project will have 300 parking spaces and approximately 10,000
sq. ft. of accessory uses (exercise area, leasing office, and business center).
As part of the site plan approval process, it became necessary for the Developer to request
additional commercial entitlements to ensure that sufficient commercial square footage is
available for both the retail uses and the Live/Work units. Therefore, the Development
Agreement needs to be amended to reflect the change that the “Project” means the 257
residential multi-family dwelling units, including 7 Live/Work units, and appurtenant facilities
and up to 24,000 square feet of allowable ground floor retail space. While the proposed
design of the ground floor retail spaces and Live/Work units (Buildings A and B) have
remained unchanged, the calculation of the allowable commercial space has been refined.
The first amendment to the Agreement reflects this change throughout the Agreement.
A second amendment to the Agreement includes language requested by the Construction
Lender to clarify and amend the following: a) notice of default, b) a name and address to send
such notices, and c) an additional 30 days, for a total of 90 days, for the Construction Lender
to respond to the CRA’s notice of default.
The final amendment to the Agreement is a revised Proposed Site Plan. As part of the site
plan approval process, the Developer needed to make adjustments to Building E, or the
building closest to Martin Luther King, Jr. Ave. (MLK), in order to overcome safety concerns
from nearby electrical transmission lines. In the best interest and marketability of the project,
the project was redesigned to increase the building setback of Building E from 0 feet to 40 feet
(45 feet from the transmission lines), reduce the height from three to two stories
(approximately 41 feet to 29 feet in height) thereby reducing the number of dwelling units from
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-331
37 to 5. The 32 units removed from Building E were divided equally among Buildings C and D
(total dwelling units in each building increased from 48 to 64) adding an additional floor to
each building and increasing the height of the buildings (from approximately 37 feet to 58
feet). The total number of units in the project and general location/building footprints of
Buildings C and D remain unchanged.
The project site plan was approved by the Community Development Board on July 15, 2014.
The anticipated closing date for the purchase/sale of the property is mid-August 2014.
Page 2 City of Clearwater Printed on 8/7/2014
FIRST AMENDMENT TO
AGREEMENT FOR DEVELOPMENT
AND
PURCHASE AND SALE OF PROPERTY
This First Amendmentto Agreement for Development and Purchase and Sale of Property ("First
Amendment") is made as of this _____ day of _________, 2014, by and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and
politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and
PROSPECT PARK DEVELOPMENT, LLC, a Florida limited liability company ("Developer").
W I T N E S S E T H:
WHEREAS, the Agency and the Developer entered into an Agreement for Development and
Purchase and Sale of Propertydated June 10, 2014 (“Development Agreement”), as evidenced by that
certain “Memorandum ofAgreement for Development and Purchase and Sale of Property” dated June 16,
2014, and recorded in Official Record Book 18438, Page 846 of the Public Records of Pinellas County,
Florida, to develop certain parcels located on Cleveland Street and Prospect Avenue in Downtown
Clearwater, Florida, and legally described and depicted as set forth in Exhibit A, for a development known as
the Prospect Park project (“Project”) as more specifically described and defined in the Development
Agreement; and
WHEREAS, to ensure that sufficient commercial entitlements are available for the retail uses and for
the Live/Work Units, additional commercial entitlements are needed
WHEREAS, the parties now desire to amend certain provisions of the Development Agreement, on
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
Section 1.That the Development Agreement, ARTICLE 1., DEFINITIONS, Section 1.01(30) “Project”,
is hereby amended to read as follows:
ARTICLE 1. DEFINITIONS.
* * * * *
“(30)"Project" means the 257 residential multi-family dwelling units, including 7 Live/Work Units,
and appurtenant facilities, and up to 24,000square feet allowable ground floor retail space, to be
located on the Project Site as contemplated by the Proposal and this Agreement and constructed
substantially in accordance with the Project Plans and Specifications.
* * * * *
Section 2.That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.01 “Zoning”, is hereby amended to read as follows:
[GM14-9216D-022/152547/1]
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
“3.01.Zoning. On the Effective Date, the zoning classification for the Project Site is Downtown,
abbreviated as “D.” The parties recognize and acknowledge that the zoning classification of the
Project Site as of the Effective Date permits residential development of the Project Site of 30
residential dwelling units per acre. The Project Site is approximately 6.4 acres which will currently
allow development of 191 residential multi-family dwelling units. Developer shall apply to the City for
an allocation of an additional 56 to 69 residential multi-family dwelling units, of which 7 residential
units shall be Live-Work Units as shown in Exhibit B (except as provided in Section 3.07(f)), and
between 10,000 to 24,000square feet of retail use from the Public Amenities Incentive Pool, as more
particularly described in Section 3.04 hereof.
Section3.That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.04(a), ‘Permits”, is hereby amended to read as follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
* * * * *
“3.04.Permits.
(a)(a)The Developer shall prepare and submit to the City by no later than three months following
the approval of the Development Agreement, (i) a complete and sufficient application for flexible
development approval of a comprehensive infill redevelopment project to allow development of the
Project in accordance with the Project Plans and Specifications; and (ii) a complete and sufficient
public amenities incentive pool use application requesting between 56 and 69 residential multi-
family dwelling units and at least 10,000 square feet and no more than 24,000square feet of retail
be allocated to the Project Site from the Public Amenities Incentive Pool (collectively, "Applications").
The Applications are subject to approval by the Clearwater Community Development Board ("CDB").
The parties acknowledge that the CDB is an independent entity which is not a party to this
Agreement and will render its independent decision concerning the Applications.
* * * * *
Section 4.That the Development Agreement, ARTICLE 3., LANDUSE REGULATION AND
RESTRICTIONS ON USE, Section 3.07(a) and (b), “Permitted Uses”, are hereby amended to read as
follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
* * * * *
“3.07.Permitted Uses.
(a)The Project shall consist of no fewer than 225 and not more than 260 residential multi-family
dwelling units and associated appurtenances and amenity spaceas shown on the Proposed Site
Plan. Seven (7) residential multi-family dwelling units fronting on Cleveland St. and Prospect Avenue
as identified in Exhibit B shall be mixed use Live/Work Units except as otherwise permitted in
§3.07(f), herein.
[GM14-9216D-022/152547/1]
(b)The Project shall contain between 10,000 square feet and 24,000square feet of Allowable
Retail Uses to be located on the first floor.
* * * * *
Section 5.That the Development Agreement, ARTICLE 5., PROJECT FINANCING, Sections 5.02(b)
"Notice of Developer's Default" and 5.03(a)(1) and 5.03(c) “Cure of Developer’s Default by Lender”, are
hereby amended to read as follows:
ARTICLE 5., PROJECT FINANCING
5.02. Notice of Developer's Default.
* * * * *
(b)Any notice from the Agency to the Developer specifying an event of default by the Developer
under Section 12.01 hereof shall, at the sametime it is provided to the Developer, be mailed by the
Agency to any Construction Lender by certified mail, return receipt requested, at its address last
given to the Agency by the Developer and at the address of the Construction Lender provided in
Section 15.03, “Notices”,herein, prior to such notice; provided, however, the failure of the
Construction Lender to receive any such notice shall not constitute a material breach or default of
this Agreement by the Agency, nor shall it constitute a waiver by or preclude or delay the Agency
from proceeding with or enforcing any right or remedy available to it under this Agreement.The
notice from the Agency to the Construction Lender shall state the basis of the default, the particular
provision of this Agreement under which the Developer is in default and shall include copies of any
pleadings in any proceedings instituted by the Agency incident thereto.
5.03.Cure of Developer's Default by Lender.
(a)(1) Following the Agency providing the notice under Subsection 5.02(b) hereof, the
Construction Lender may, at its election, cure or remedy the default by the Developer
described in such notice. If the Construction Lender elects to cure such default, it shall give
notice of such election to the Agency and the Developer within ninety (90)days after the
Agency issued its notice of default by the Developer as provided in Section 12.01 hereof.
* * * * *
(c)If the Construction Lender elects to cureor remedy the Developer's default hereunder as
provided in subsection (a) hereof, it shall then be subject to and bound by the provisions of this
Agreement and the actions required to be taken to remedy or cure said default that, but for the
default by the Developer, would have been applicable to the Developer.
Section 6.That the Development Agreement, ARTICLE 6., PROJECT SITE CONVEYANCE,
Subsection 6.09(a) of Section 6.09, “Conditions to Closing”, is hereby amended in part to read as follows:
ARTICLE 6., PROJECT SITE CONVEYANCE
[GM14-9216D-022/152547/1]
“6.09.Conditions to Closing.
(a)The obligation of Developer to purchase the Project Site is subject to the following
("Conditions to Closing") unless waived by the Developer on or before the Closing Date:
(1)Developer's purchase of the Project Site is contingent upon Developer obtaining
approval of the Applications, resulting in a site plan approval of the Project for no fewer than 225
multi-family residential dwelling units and 10,000 square feet of ground floor retail space. Approval of
257 multi-family residential dwelling units and up to 24,000square feet of ground floor retail shall be
sought by Developer but are not conditions precedent to closing.
(2)The representations and warranties of Agency set forth herein being true on and as
of the Closing Date with the same force and effect as if such representations and warranties were
made on and as of the Closing Date.
(3)The Project shall be in compliance with the zoning, land use and concurrency
requirements for the Project for no fewer than 225 multi-family residential dwelling unitsand 10,000
square feet of ground floor retail space.
* * * * *
Section 7.That the Development Agreement, ARTICLE 11., REPRESENTATIONS, WARRANTIES
AND COVENANTS OF THE AGENCY, Section 11.02(d) “Covenants”, is hereby amended to read as follows:
ARTICLE 11.REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY
11.02.Covenants. The Agency covenants with the Developer that until the earlier of the
Termination Date or the Expiration Date:
* * * * *
(d)The Agency shall not request or recommend any rezoning or comprehensive plan land use
changeof the Project Site, or any part thereof, which will prevent or adversely affect the development
of the Project.
* * * * *
Section 8.That the Development Agreement, ARTICLE 15., MISCELLANEOUS, Section 15.03
“Notices”, is hereby amended to read as follows:
ARTICLE 15.MISCELLANEOUS.
“15.03.Notices.
(a)All notices, demands, requests for approvals or other communications given by either party
to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return
receipt requested or by overnight courier service, or by hand delivery to the office for each party
indicated below and addressed as follows:
To the Developer:To the Agency:
Prospect Park Development, LLC
c/o Prospect Real Estate Group, LLC Community Redevelopment Agency of
[GM14-9216D-022/152547/1]
477 Commerce Way, Suite 115 the City of Clearwater
Longwood, Florida 32750 112 S. Osceola Avenue
Attention: Frank Tetel, Vice President Clearwater, FL 33756
Attention: Rod Irwin
with copies to:with copies to:
Leigh Kellett Fletcher, Esquire City of Clearwater
Fletcher & Fischer, P.L.112 S. Osceola Avenue
801 E. Kennedy Blvd. Suite 802 Clearwater, FL 33756
Tampa, Florida 33602 Attention: City Attorney
Forge Development Group, LLC
102 West Whiting Street
Suite 600
Tampa, Florida 33602
Attention: Robert Moreya and Peter H. Collins
To the Construction Lender:
W. Brett Moss
Vice President
U.S. Commercial Real Estate
BMO Harris Bank N.A.
129 East Gore Street
Orlando, FL 32801
Section 9.That EXHIBIT “B” to the Development Agreement, PROPOSED SITE PLAN, is hereby
deleted and replaced in its entirety with the Revised Proposed Site Plan, attached hereto as Exhibit B.
Section 10.The City of Clearwater, a municipal corporation, has joined in this First Amendment for
the sole purpose of reflecting its agreement to cooperate and support the Agency in meeting the
obligations of the Agency as set forth in Development Agreement and in this First Amendment,
Section 11.Simultaneous with execution of this First Amendment by the parties, the Agency and the
Developer agree to execute the short form "Memorandum of First Amendment to Agreement for
Development and Purchase and Sale of Property", the form of which is attached hereto as Exhibit C, and
agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas
County, Florida, as soon as possible after execution thereof. The Agency shall pay the cost of such
recording.
Section 12.All terms and provisions of the Development Agreement not modified, changed or
amended hereby shall remain in full force and effect.
[GM14-9216D-022/152547/1]
[SIGNATURE PAGES FOLLOW]
[GM14-9216D-022/152547/1]
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the
________day of _________, 2014.
AGENCY
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
Attorney for City Clerk
Community Redevelopment Agency
DEVELOPER
PROSPECT PARK DEVELOPMENT, LLC
a Florida limited liability company
By: FDG –Prospect Park Development, LLC
a Florida limited liability company
its Operating Manager
By:
Name:
Its:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
The foregoing instrument was acknowledged before me this _________ day of ____________,
2014, by ______________________________, as of FDG -
Prospect Real Estate Group, LLC, the Operating Manager of Prospect Park Development, LLC, a Florida
limited liability company, on behalf of the company. He/She is personally known to me or who produced
___________________ as identification.
_______________________________
Print/Type Name:_________________
Notary Public
[GM14-9216D-022/152547/1]
CITY
CITY OF CLEARWATER FLORIDA, a municipal corporation of the State of Florida
Countersigned:
_________________________By: ____________________________George N. Cretekos William B. Horne, IIMayor City Manager
Attest:
By :_____________________________Approved as to form:Rosemarie CallCity Clerk
Pamela K. AkinCity Attorney
LIST OF EXHIBITS
EXHIBIT A --Legal Description
EXHIBIT B --Revised Proposed Site Plan
EXHIBIT C --Memorandum of First Amendment to Agreement for Development and
Purchase and Sale of Property
[GM14-9216D-022/152547/1]
EXHIBIT A
Legal Description
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE43 PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE
OF MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT
BOOK 125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN
VILLAGE IN THE PARK, THE FOLLOWING THREE COURSES: SOUTH 00°02'16" WEST,
8.16 FEET; THENCE NORTH 89°57'44" WEST, 21.42 FEET; THENCE SOUTH 00°17'21"
WEST, 52.12 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF PARK
STREET; THENCE LEAVING THE SAID BOUNDARY LINE OF MEDITERRANEAN
VILLAGE IN THE PARK AND ALONG THE SAID SOUTH RIGHT OF WAY LINE OF PARK
STREET, SOUTH 89°39'49" EAST 288.90 FEET TO A POINT ON THE WEST RIGHT OF
WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE; THENCE LEAVING THE
SAID SOUTH RIGHT OF WAY LINE OF PARK STREET AND ALONG THE SAID WEST
RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE, SOUTH
00°04'00" WEST 264.88 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
PIERCE STREET; THENCE LEAVING THE SAID WEST RIGHT OF WAY LINE OF
SOUTH MARTIN LUTHER KING, JR. AVENUE AND ALONG THE SAID NORTH RIGHT
OF WAY LINE OF PIERCE STREET AND THE EXTENSION THEREOF, NORTH
89°39'04" WEST 386.83 FEET; THENCE LEAVING THE SAID EXTENSION OF THE
NORTH RIGHT OF WAY LINE OF PIERCE STREET, NORTH 05°34'56" WEST 61.39
FEET; THENCE NORTH 15°56'32" WEST, 122.03 FEET; THENCE NORTH 29°12'41"
WEST, 115.70 FEET; THENCE NORTH 53°04’15” WEST, 52.08 FEET; THENCE NORTH
89°54'47" WEST, 252.52 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
SOUTH PROSPECT AVENUE; THENCE ALONG THE SAID EAST RIGHT OF WAY LINE
OF SOUTH PROSPECT AVENUE, NORTH 00°05'13" EAST, 251.17 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF CLEVELAND STREET, SAID POINT BEING
THE NORTHWEST CORNER OF TRACT 2 OF SAID MEDITERRANEAN VILLAGE IN THE
PARK; THENCE LEAVING THE SAID EAST RIGHT OF WAY LINE OF SOUTH
PROSPECT AVENUE, ALONG THE SAID SOUTH RIGHT OF WAY LINE OF CLEVELAND
STREET, SOUTH 89°41'20" EAST, 647.02 FEET TO A POINT ON THE WEST LINE OF
THE EAST 50 FEET OF BLOCK 5, MRS. SARAH MCMULLEN’S SUBDIVISION, AS
RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF CLEVELAND
STREET, ALONG THE SAID WEST BOUNDARY LINE OF THE EAST 50 FEET OF
BLOCK 5, SOUTH 00°03'59" WEST, 235.00 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID WEST BOUNDARY
LINE OF THE EAST 50 FEET OF BLOCK 5, ALONG THE SAID NORTH RIGHT OF WAY
LINE OF PARK STREET, NORTH 89°41'20" WEST, 137.10 FEET TO THE POINT OF
BEGINNING. CONTAINING 279,998 SQUARE FEET (6.428 ACRES) MORE OR LESS.
[GM14-9216D-022/152547/1]
EXHIBIT B
[Proposed Site Plan]
[GM14-9216D-022/152547/1]
EXHIBIT C
MEMORANDUM OF FIRST AMENDMENT TO AGREEMENT
FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY
This Memorandum of First Amendment to Agreement for Development and Purchase
and Sale of Property (“Memorandum”) is made this ___ day of ___________, 2014, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, a public body corporate and politic of the State of Florida (the “Agency”), whose
address is 112 S. Osceola Avenue, Clearwater, FL 33756, and PROSPECT PARK
DEVELOPMENT LLC, a Florida limited liability company, whose address is477 Commerce
Way, Suite 115, Longwood, Florida 32750.
This Memorandum pertains to a First Amendment to Agreement for Development and
Purchase and Sale of Propertyby and between the Agency and the Developer, dated as of
________________, 2014 (the “First Amendment”), which provides, among other things, for an
increase in commercial entitlements to allow for the development to be completed as was
intended, as is more specifically provided in the First Amendment.
The First Amendment is incorporated herein and made a part hereof by reference as
fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby
ratify, approve and confirm the First Amendment as a matter of public notice and record.
Nothing herein shall in any way affect or modify the First Amendment, nor shall the provisions of
this Memorandum be used to interpret the First Amendment. In the event of conflict between
the terms of this document and those contained in the First Amendment, the terms in the First
Amendment shall control.
A copy of the fully-executed First Amendment is on file with the. City Clerk, City of
Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is
available for review and copying by the public.
[SIGNATURE PAGE FOLLOWS]
[GM14-9216D-022/152547/1]
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
PROSPECT PARK DEVELOPMENT, LLC
a Florida limited liability company
By: FDG –Prospect Park Development, LLC
a Florida limited liability company
its Operating Manager
By:
Name:
Its:
STATE OF FLORIDA )
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _________ day of
____________, 2014, by ______________________________, as
of FDG -Prospect Real Estate Group, LLC,the Operating Manager of Prospect Park
Development, LLC, a Florida limited liability company, on behalf of the company. He/She is
personally known to me or who produced ___________________ as identification.
_______________________________
Print/Type Name:_________________
Notary Public
00 40'80'
PROJECT NO.:
No.Date Revisions / Submissions
130001.00
A
B
C
D
E
F
G
H
J
L
Bryan L. Zarlenga, PE
K
1 2 3 4 5 6 7 8 9 10 11 12 13 14
ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE
OWNED BY AND THE PROPERTY OF BAKER BARRIOS ARCHITECTS, INC . AND WERE CREATED, EVOLVED, AND
DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS,
DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR
CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF BAKER BARRIOS
ARCHITECTS, INC. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506
UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF
1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN
MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT AND / OR COPYRIGHT APPLICATION.
CK.D.
A
B
C
D
E
F
G
H
J
L
K
FL Lic. NO. 52167
380 Park Place Blvd., Suite 300, Clearwater, Florida 33759
www.cardnotbe.com - 727.531.3505
Certificate of Authorization No. 3843
TO THE BEST OF THE ARCHITECT'S OR ENGINEER'S
KNOWLEDGE AND ABILITY, THE PLANS AND
SPECIFICATIONS COMPLY WITH THE APPLICABLE
MINIMUM BUILDING CODES.
CLEARWATER, FL 33614
PROSPECT REAL
CLEVELAND STREET REDEVELOPMENT
PROSPECT LAKE
PARK SITE
ESTATE GROUP
1 12-13-2013 Informal City submission/review #1 BLZJDP
2 01-16-2014 Informal City submission/review #2 BLZJDP
3 01-30-2014 FDA Submittal BLZJDP
01-30-2014
4 05-09-2014 CDB Submittal BLZJDP
5 07-03-2014 CDB Re-Submittal BLZJER
SC3.00
MASTER SITE PLAN
1. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB.
2. EXISTING IMPROVEMENTS SHOWN ARE TAKEN FROM BOUNDARY &
TOPOGRAPHIC SURVEY PREPARED BY DEUEL & ASSOCIATES.
3. BUILDING AND SIDEWALK DIMENSIONS ARE TO OUTSIDE EDGE OF
STRUCTURE ABOVE GROUND.
4. ALL TIES TO THE PROPERTY LINE ARE BASED ON THE BOUNDARY &
TOPOGRAPHIC SURVEY.
5. INSTALL ISOLATION JOINTS WHERE EDGE OF ASPHALT PAVEMENT ABUTS
CONCRETE DRIVEWAYS; ALONG EDGE OF CURB LINES ABUTTING CONCRETE
PAVEMENT; ALONG EDGE OF SIDEWALKS ABUTTING CONCRETE PAVEMENT;
AROUND ALL STORM INLETS MANHOLES, VALVE BOXES AND BOLLARDS
(ABOVE GROUND APPURTENANCES. COORDINATE W/ ARCHITECTURAL PLANS
FOR ISOLATION JOINTS ADJACENT TO BUILDING EDGES.
6. SEE GENERAL NOTE SHEET FOR MAINTENANCE OF TRAFFIC NOTES.
7. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED IN ACCORDANCE WITH
CITY OF CLEARWATER REQUIREMENTS.
8. SITE CONTRACTOR TO SUBMIT FIVE (5) COPIES OF AS-BUILTS THAT ARE
SIGNED AND SEALED BY A PROFESSIONAL SURVEYOR REG. IN THE STATE OF
FLORIDA PRIOR TO ANY C.O. BEING ISSUED. PUBLIC WORKS/ ENGINEERING
TO FIELD INSPECT AS-BUILTS FOR ACCURACY.
9. SITE CONTRACTOR TO SCHEDULE A PRE-SITE INSPECTION PRIOR TO
ISSUANCE OF A BUILDING PERMIT. CALL THE ENGINEERING DEPARTMENT AT
727-562-4750 AT LEAST 24 HOURS PRIOR TO THE APPOINTMENT.
10. SITE CONTRACTOR: ANY/ALL EASEMENT(S) SHALL BE OBTAINED
(RECORDED) PRIOR TO A C.O. BEING ISSUED FOR THE BUILDING(S). PLEASE
CONTACT CHUCK LANE, REAL ESTATE SERVICE COORDINATOR AT
727-562-4750.
11. SITE CONTRACTOR TO PROVIDE RECORDED NOTICE OF COMMENCEMENT
PRIOR TO ISSUANCE OF PERMIT.
12. SITE NOTES APPLY TO ALL SHEETS WHERE APPLICABLE.
13. BASE FLOOD ELEVATION FOR THE SITE IS 9.0 FT.
14. REFER TO HORIZONTAL CONTROL PLAN FOR CURVE AND LINE TABLES.
15. REFER TO PAVING, GRADING, AND DRAINAGE PLANS AND POND CROSS
SECTIONS FOR STORMWATER POND DESIGN.
16. REFER TO PAVING, GRADING, AND DRAINAGE PLANS FOR CURB
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PROPOSED STREET LIGHT
PROPOSED BOLLARD LIGHT
EXISTING EDGE OF PAVEMENT
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PROPOSED CURB - TYPE 'D'
PROPERTY LINE
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SETBACK LINE
PROPOSED ASPHALT PAVEMENT
PROPOSED ASPHALT PAVEMENT
(HEAVY DUTY - SEE DETAIL)
# OF PARKING SPACES
RETAINING WALL
PROPOSED POROUS PAVEMENT
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MEMORANDUM OF FIRST AMENDMENT TO AGREEMENT
FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY
This Memorandum of First Amendment to Agreement for Development and Purchase
and Sale of Property (“Memorandum”) is made this ______ day of August, 2014, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, a public body corporate and politic of the State of Florida (the “Agency”), whose
address is 112 S. Osceola Avenue, Clearwater, FL 33756, and PROSPECT PARK
DEVELOPMENT LLC, a Florida limited liability company, whose address is 477 Commerce
Way, Suite 115, Longwood, Florida 32750.
This Memorandum pertains to a First Amendment to Agreement for Development and
Purchase and Sale of Property by and between the Agency and the Developer, dated as of
______________________________, 2014 (the “First Amendment”), which provides, among
other things, for an increase in commercial entitlements to allow for the development within a
project site more particularly described in Exhibit “A”, attached hereto and incorporated herein,
to be completed as was intended, as is more specifically provided in the First Amendment.
The First Amendment is incorporated herein and made a part hereof by reference as
fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby
ratify, approve and confirm the First Amendment as a matter of public notice and record.
Nothing herein shall in any way affect or modify the First Amendment, nor shall the provisions of
this Memorandum be used to interpret the First Amendment. In the event of conflict between
the terms of this document and those contained in the First Amendment, the terms in the First
Amendment shall control.
A copy of the fully-executed First Amendment is on file with the City Clerk, City of
Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is
available for review and copying by the public.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
By: __________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
________________________ ______________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Signed, Sealed and Delivered PROSPECT PARK DEVELOPMENT, LLC, in the Presence of: a Florida limited liability company Sign:__________________________ By: FDG - Prospect Park Development, LLC a Florida limited liability company, Print:__________________________ its Operating Manger Sign:___________________________ By: Print:___________________________ Name:
Its:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
The foregoing instrument was acknowledged before me this _________ day of
___________, 2014, by ______________________________, as Manager of FDG - Prospect
Real Estate Group, LLC, the Operating Manager of Prospect Park Development, LLC, a Florida
limited liability company, on behalf of the company. He/She is personally known to me or who
produced ___________________ as identification.
________________________________
Notary Public
EXHIBIT A
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 43 PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE OF
MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT BOOK
125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN VILLAGE IN THE
PARK, THE FOLLOWING THREE COURSES: SOUTH 00°02'16" WEST, 8.16 FEET; THENCE
NORTH 89°57'44" WEST, 21.42 FEET; THENCE SOUTH 00°17'21" WEST, 52.12 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING THE
SAID BOUNDARY LINE OF MEDITERRANEAN VILLAGE IN THE PARK AND ALONG THE
SAID SOUTH RIGHT OF WAY LINE OF PARK STREET, SOUTH 89°39'49" EAST 288.90
FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER
KING, JR. AVENUE; THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF PARK
STREET AND ALONG THE SAID WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER
KING, JR. AVENUE, SOUTH 00°04'00" WEST 264.88 FEET TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF PIERCE STREET; THENCE LEAVING THE SAID WEST RIGHT OF
WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE AND ALONG THE SAID
NORTH RIGHT OF WAY LINE OF PIERCE STREET AND THE EXTENSION THEREOF,
NORTH 89°39'04" WEST 386.83 FEET; THENCE LEAVING THE SAID EXTENSION OF THE
NORTH RIGHT OF WAY LINE OF PIERCE STREET, NORTH 05°34'56" WEST 61.39 FEET;
THENCE NORTH 15°56'32" WEST, 122.03 FEET; THENCE NORTH 29°12'41" WEST, 115.70
FEET; THENCE NORTH 53°04’15” WEST, 52.08 FEET; THENCE NORTH 89°54'47" WEST,
252.52 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH PROSPECT
AVENUE; THENCE ALONG THE SAID EAST RIGHT OF WAY LINE OF SOUTH PROSPECT
AVENUE, NORTH 00°05'13" EAST, 251.17 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF CLEVELAND STREET, SAID POINT BEING THE NORTHWEST CORNER OF
TRACT 2 OF SAID MEDITERRANEAN VILLAGE IN THE PARK; THENCE LEAVING THE
SAID EAST RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE, ALONG THE SAID
SOUTH RIGHT OF WAY LINE OF CLEVELAND STREET, SOUTH 89°41'20" EAST, 647.02
FEET TO A POINT ON THE WEST LINE OF THE EAST 50 FEET OF BLOCK 5, MRS. SARAH
MCMULLEN’S SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING THE SAID SOUTH RIGHT
OF WAY LINE OF CLEVELAND STREET, ALONG THE SAID WEST BOUNDARY LINE OF
THE EAST 50 FEET OF BLOCK 5, SOUTH 00°03'59" WEST, 235.00 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID WEST
BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, ALONG THE SAID NORTH RIGHT
OF WAY LINE OF PARK STREET, NORTH 89°41'20" WEST, 137.10 FEET TO THE POINT
OF BEGINNING. CONTAINING 279,998 SQUARE FEET (6.428 ACRES) MORE OR LESS.
FIRST AMENDMENT TO
AGREEMENT FOR DEVELOPMENT
AND
PURCHASE AND SALE OF PROPERTY
This First Amendmentto Agreement for Development and Purchase and Sale of Property ("First
Amendment") is made as of this _____ day of _________, 2014, by and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and
politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and
PROSPECT PARK DEVELOPMENT, LLC, a Florida limited liability company ("Developer").
W I T N E S S E T H:
WHEREAS, the Agency and the Developer entered into an Agreement for Development and
Purchase and Sale of Propertydated June 10, 2014 (“Development Agreement”), as evidenced by that
certain “Memorandum ofAgreement for Development and Purchase and Sale of Property” dated June 16,
2014, and recorded in Official Record Book 18438, Page 846 of the Public Records of Pinellas County,
Florida, to develop certain parcels located on Cleveland Street and Prospect Avenue in Downtown
Clearwater, Florida, and legally described and depicted as set forth in Exhibit A, for a development known as
the Prospect Park project (“Project”) as more specifically described and defined in the Development
Agreement; and
WHEREAS, to ensure that sufficient commercial entitlements are available for the retail uses and for
the Live/Work Units, additional commercial entitlements are needed
WHEREAS, the parties now desire to amend certain provisions of the Development Agreement, on
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
Section 1.That the Development Agreement, ARTICLE 1., DEFINITIONS, Section 1.01(30) “Project”,
is hereby amended to read as follows:
ARTICLE 1. DEFINITIONS.
* * * * *
“(30)"Project" means the 257 residential multi-family dwelling units, including 7 Live/Work Units,
and appurtenant facilities, and up to 24,000square feet allowable ground floor retail space, to be
located on the Project Site as contemplated by the Proposal and this Agreement and constructed
substantially in accordance with the Project Plans and Specifications.
* * * * *
Section 2.That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.01 “Zoning”, is hereby amended to read as follows:
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ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
“3.01.Zoning. On the Effective Date, the zoning classification for the Project Site is Downtown,
abbreviated as “D.” The parties recognize and acknowledge that the zoning classification of the
Project Site as of the Effective Date permits residential development of the Project Site of 30
residential dwelling units per acre. The Project Site is approximately 6.4 acres which will currently
allow development of 191 residential multi-family dwelling units. Developer shall apply to the City for
an allocation of an additional 56 to 69 residential multi-family dwelling units, of which 7 residential
units shall be Live-Work Units as shown in Exhibit B (except as provided in Section 3.07(f)), and
between 10,000 to 24,000square feet of retail use from the Public Amenities Incentive Pool, as more
particularly described in Section 3.04 hereof.
Section3.That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.04(a), ‘Permits”, is hereby amended to read as follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
* * * * *
“3.04.Permits.
(a)(a)The Developer shall prepare and submit to the City by no later than three months following
the approval of the Development Agreement, (i) a complete and sufficient application for flexible
development approval of a comprehensive infill redevelopment project to allow development of the
Project in accordance with the Project Plans and Specifications; and (ii) a complete and sufficient
public amenities incentive pool use application requesting between 56 and 69 residential multi-
family dwelling units and at least 10,000 square feet and no more than 24,000square feet of retail
be allocated to the Project Site from the Public Amenities Incentive Pool (collectively, "Applications").
The Applications are subject to approval by the Clearwater Community Development Board ("CDB").
The parties acknowledge that the CDB is an independent entity which is not a party to this
Agreement and will render its independent decision concerning the Applications.
* * * * *
Section 4.That the Development Agreement, ARTICLE 3., LANDUSE REGULATION AND
RESTRICTIONS ON USE, Section 3.07(a) and (b), “Permitted Uses”, are hereby amended to read as
follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
* * * * *
“3.07.Permitted Uses.
(a)The Project shall consist of no fewer than 225 and not more than 260 residential multi-family
dwelling units and associated appurtenances and amenity spaceas shown on the Proposed Site
Plan. Seven (7) residential multi-family dwelling units fronting on Cleveland St. and Prospect Avenue
as identified in Exhibit B shall be mixed use Live/Work Units except as otherwise permitted in
§3.07(f), herein.
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(b)The Project shall contain between 10,000 square feet and 24,000square feet of Allowable
Retail Uses to be located on the first floor.
* * * * *
Section 5.That the Development Agreement, ARTICLE 5., PROJECT FINANCING, Sections 5.02(b)
"Notice of Developer's Default" and 5.03(a)(1) and 5.03(c) “Cure of Developer’s Default by Lender”, are
hereby amended to read as follows:
ARTICLE 5., PROJECT FINANCING
5.02. Notice of Developer's Default.
* * * * *
(b)Any notice from the Agency to the Developer specifying an event of default by the Developer
under Section 12.01 hereof shall, at the sametime it is provided to the Developer, be mailed by the
Agency to any Construction Lender by certified mail, return receipt requested, at its address last
given to the Agency by the Developer and at the address of the Construction Lender provided in
Section 15.03, “Notices”,herein, prior to such notice; provided, however, the failure of the
Construction Lender to receive any such notice shall not constitute a material breach or default of
this Agreement by the Agency, nor shall it constitute a waiver by or preclude or delay the Agency
from proceeding with or enforcing any right or remedy available to it under this Agreement.The
notice from the Agency to the Construction Lender shall state the basis of the default, the particular
provision of this Agreement under which the Developer is in default and shall include copies of any
pleadings in any proceedings instituted by the Agency incident thereto.
5.03.Cure of Developer's Default by Lender.
(a)(1) Following the Agency providing the notice under Subsection 5.02(b) hereof, the
Construction Lender may, at its election, cure or remedy the default by the Developer
described in such notice. If the Construction Lender elects to cure such default, it shall give
notice of such election to the Agency and the Developer within ninety (90)days after the
Agency issued its notice of default by the Developer as provided in Section 12.01 hereof.
* * * * *
(c)If the Construction Lender elects to cureor remedy the Developer's default hereunder as
provided in subsection (a) hereof, it shall then be subject to and bound by the provisions of this
Agreement and the actions required to be taken to remedy or cure said default that, but for the
default by the Developer, would have been applicable to the Developer.
Section 6.That the Development Agreement, ARTICLE 6., PROJECT SITE CONVEYANCE,
Subsection 6.09(a) of Section 6.09, “Conditions to Closing”, is hereby amended in part to read as follows:
ARTICLE 6., PROJECT SITE CONVEYANCE
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“6.09.Conditions to Closing.
(a)The obligation of Developer to purchase the Project Site is subject to the following
("Conditions to Closing") unless waived by the Developer on or before the Closing Date:
(1)Developer's purchase of the Project Site is contingent upon Developer obtaining
approval of the Applications, resulting in a site plan approval of the Project for no fewer than 225
multi-family residential dwelling units and 10,000 square feet of ground floor retail space. Approval of
257 multi-family residential dwelling units and up to 24,000square feet of ground floor retail shall be
sought by Developer but are not conditions precedent to closing.
(2)The representations and warranties of Agency set forth herein being true on and as
of the Closing Date with the same force and effect as if such representations and warranties were
made on and as of the Closing Date.
(3)The Project shall be in compliance with the zoning, land use and concurrency
requirements for the Project for no fewer than 225 multi-family residential dwelling unitsand 10,000
square feet of ground floor retail space.
* * * * *
Section 7.That the Development Agreement, ARTICLE 11., REPRESENTATIONS, WARRANTIES
AND COVENANTS OF THE AGENCY, Section 11.02(d) “Covenants”, is hereby amended to read as follows:
ARTICLE 11.REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY
11.02.Covenants. The Agency covenants with the Developer that until the earlier of the
Termination Date or the Expiration Date:
* * * * *
(d)The Agency shall not request or recommend any rezoning or comprehensive plan land use
changeof the Project Site, or any part thereof, which will prevent or adversely affect the development
of the Project.
* * * * *
Section 8.That the Development Agreement, ARTICLE 15., MISCELLANEOUS, Section 15.03
“Notices”, is hereby amended to read as follows:
ARTICLE 15.MISCELLANEOUS.
“15.03.Notices.
(a)All notices, demands, requests for approvals or other communications given by either party
to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return
receipt requested or by overnight courier service, or by hand delivery to the office for each party
indicated below and addressed as follows:
To the Developer:To the Agency:
Prospect Park Development, LLC
c/o Prospect Real Estate Group, LLC Community Redevelopment Agency of
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477 Commerce Way, Suite 115 the City of Clearwater
Longwood, Florida 32750 112 S. Osceola Avenue
Attention: Frank Tetel, Vice President Clearwater, FL 33756
Attention: Rod Irwin
with copies to:with copies to:
Leigh Kellett Fletcher, Esquire City of Clearwater
Fletcher & Fischer, P.L.112 S. Osceola Avenue
801 E. Kennedy Blvd. Suite 802 Clearwater, FL 33756
Tampa, Florida 33602 Attention: City Attorney
Forge Development Group, LLC
102 West Whiting Street
Suite 600
Tampa, Florida 33602
Attention: Robert Moreya and Peter H. Collins
To the Construction Lender:
W. Brett Moss
Vice President
U.S. Commercial Real Estate
BMO Harris Bank N.A.
129 East Gore Street
Orlando, FL 32801
Section 9.That EXHIBIT “B” to the Development Agreement, PROPOSED SITE PLAN, is hereby
deleted and replaced in its entirety with the Revised Proposed Site Plan, attached hereto as Exhibit B.
Section 10.The City of Clearwater, a municipal corporation, has joined in this First Amendment for
the sole purpose of reflecting its agreement to cooperate and support the Agency in meeting the
obligations of the Agency as set forth in Development Agreement and in this First Amendment,
Section 11.Simultaneous with execution of this First Amendment by the parties, the Agency and the
Developer agree to execute the short form "Memorandum of First Amendment to Agreement for
Development and Purchase and Sale of Property", the form of which is attached hereto as Exhibit C, and
agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas
County, Florida, as soon as possible after execution thereof. The Agency shall pay the cost of such
recording.
Section 12.All terms and provisions of the Development Agreement not modified, changed or
amended hereby shall remain in full force and effect.
[GM14-9216D-022/152547/1]
[SIGNATURE PAGES FOLLOW]
[GM14-9216D-022/152547/1]
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the
________day of _________, 2014.
AGENCY
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
Attorney for City Clerk
Community Redevelopment Agency
DEVELOPER
PROSPECT PARK DEVELOPMENT, LLC
a Florida limited liability company
By: FDG –Prospect Park Development, LLC
a Florida limited liability company
its Operating Manager
By:
Name:
Its:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
The foregoing instrument was acknowledged before me this _________ day of ____________,
2014, by ______________________________, as of FDG -
Prospect Real Estate Group, LLC, the Operating Manager of Prospect Park Development, LLC, a Florida
limited liability company, on behalf of the company. He/She is personally known to me or who produced
___________________ as identification.
_______________________________
Print/Type Name:_________________
Notary Public
[GM14-9216D-022/152547/1]
CITY
CITY OF CLEARWATER FLORIDA, a municipal corporation of the State of Florida
Countersigned:
_________________________By: ____________________________George N. Cretekos William B. Horne, IIMayor City Manager
Attest:
By :_____________________________Approved as to form:Rosemarie CallCity Clerk
Pamela K. AkinCity Attorney
LIST OF EXHIBITS
EXHIBIT A --Legal Description
EXHIBIT B --Revised Proposed Site Plan
EXHIBIT C --Memorandum of First Amendment to Agreement for Development and
Purchase and Sale of Property
[GM14-9216D-022/152547/1]
EXHIBIT A
Legal Description
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE43 PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE
OF MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT
BOOK 125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN
VILLAGE IN THE PARK, THE FOLLOWING THREE COURSES: SOUTH 00°02'16" WEST,
8.16 FEET; THENCE NORTH 89°57'44" WEST, 21.42 FEET; THENCE SOUTH 00°17'21"
WEST, 52.12 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF PARK
STREET; THENCE LEAVING THE SAID BOUNDARY LINE OF MEDITERRANEAN
VILLAGE IN THE PARK AND ALONG THE SAID SOUTH RIGHT OF WAY LINE OF PARK
STREET, SOUTH 89°39'49" EAST 288.90 FEET TO A POINT ON THE WEST RIGHT OF
WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE; THENCE LEAVING THE
SAID SOUTH RIGHT OF WAY LINE OF PARK STREET AND ALONG THE SAID WEST
RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE, SOUTH
00°04'00" WEST 264.88 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
PIERCE STREET; THENCE LEAVING THE SAID WEST RIGHT OF WAY LINE OF
SOUTH MARTIN LUTHER KING, JR. AVENUE AND ALONG THE SAID NORTH RIGHT
OF WAY LINE OF PIERCE STREET AND THE EXTENSION THEREOF, NORTH
89°39'04" WEST 386.83 FEET; THENCE LEAVING THE SAID EXTENSION OF THE
NORTH RIGHT OF WAY LINE OF PIERCE STREET, NORTH 05°34'56" WEST 61.39
FEET; THENCE NORTH 15°56'32" WEST, 122.03 FEET; THENCE NORTH 29°12'41"
WEST, 115.70 FEET; THENCE NORTH 53°04’15” WEST, 52.08 FEET; THENCE NORTH
89°54'47" WEST, 252.52 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
SOUTH PROSPECT AVENUE; THENCE ALONG THE SAID EAST RIGHT OF WAY LINE
OF SOUTH PROSPECT AVENUE, NORTH 00°05'13" EAST, 251.17 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF CLEVELAND STREET, SAID POINT BEING
THE NORTHWEST CORNER OF TRACT 2 OF SAID MEDITERRANEAN VILLAGE IN THE
PARK; THENCE LEAVING THE SAID EAST RIGHT OF WAY LINE OF SOUTH
PROSPECT AVENUE, ALONG THE SAID SOUTH RIGHT OF WAY LINE OF CLEVELAND
STREET, SOUTH 89°41'20" EAST, 647.02 FEET TO A POINT ON THE WEST LINE OF
THE EAST 50 FEET OF BLOCK 5, MRS. SARAH MCMULLEN’S SUBDIVISION, AS
RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF CLEVELAND
STREET, ALONG THE SAID WEST BOUNDARY LINE OF THE EAST 50 FEET OF
BLOCK 5, SOUTH 00°03'59" WEST, 235.00 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID WEST BOUNDARY
LINE OF THE EAST 50 FEET OF BLOCK 5, ALONG THE SAID NORTH RIGHT OF WAY
LINE OF PARK STREET, NORTH 89°41'20" WEST, 137.10 FEET TO THE POINT OF
BEGINNING. CONTAINING 279,998 SQUARE FEET (6.428 ACRES) MORE OR LESS.
[GM14-9216D-022/152547/1]
EXHIBIT B
[Proposed Site Plan]
[GM14-9216D-022/152547/1]
EXHIBIT C
MEMORANDUM OF FIRST AMENDMENT TO AGREEMENT
FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY
This Memorandum of First Amendment to Agreement for Development and Purchase
and Sale of Property (“Memorandum”) is made this ___ day of ___________, 2014, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, a public body corporate and politic of the State of Florida (the “Agency”), whose
address is 112 S. Osceola Avenue, Clearwater, FL 33756, and PROSPECT PARK
DEVELOPMENT LLC, a Florida limited liability company, whose address is477 Commerce
Way, Suite 115, Longwood, Florida 32750.
This Memorandum pertains to a First Amendment to Agreement for Development and
Purchase and Sale of Propertyby and between the Agency and the Developer, dated as of
________________, 2014 (the “First Amendment”), which provides, among other things, for an
increase in commercial entitlements to allow for the development to be completed as was
intended, as is more specifically provided in the First Amendment.
The First Amendment is incorporated herein and made a part hereof by reference as
fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby
ratify, approve and confirm the First Amendment as a matter of public notice and record.
Nothing herein shall in any way affect or modify the First Amendment, nor shall the provisions of
this Memorandum be used to interpret the First Amendment. In the event of conflict between
the terms of this document and those contained in the First Amendment, the terms in the First
Amendment shall control.
A copy of the fully-executed First Amendment is on file with the. City Clerk, City of
Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is
available for review and copying by the public.
[SIGNATURE PAGE FOLLOWS]
[GM14-9216D-022/152547/1]
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
PROSPECT PARK DEVELOPMENT, LLC
a Florida limited liability company
By: FDG –Prospect Park Development, LLC
a Florida limited liability company
its Operating Manager
By:
Name:
Its:
STATE OF FLORIDA )
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _________ day of
____________, 2014, by ______________________________, as
of FDG -Prospect Real Estate Group, LLC,the Operating Manager of Prospect Park
Development, LLC, a Florida limited liability company, on behalf of the company. He/She is
personally known to me or who produced ___________________ as identification.
_______________________________
Print/Type Name:_________________
Notary Public
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-333
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve the Agreement for Restricted Land Use (Agreement) between the City of Clearwater
and Prospect Park Development, LLC (Developer), to be executed and recorded following the
sale of real property from the Community Redevelopment Agency (CRA) to the Developer;
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement) in response to Request for
Proposals/Qualifications (RFP/Q) 12-13. The City joined the Development Agreement in order
to cooperate and support the CRA in meeting its obligations to grant easements over city
property for the construction of the project and enter into these agreements.
In summary, the project consists of 257 market-rate rental dwelling units and up to 24,000 sq.
ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work units
fronting Cleveland Street, which will be composed of a retail/office space and a residential
component. The project will have 300 parking spaces and approximately 10,000 sq. ft. of
accessory uses (exercise area, leasing office, and business center).
In order to accommodate and allow for the required permitting of the project, the City agrees
that the City stormwater property (a.k.a. Prospect Lake) shall not be used for the development
or building of any habitable structure within 30 feet of the Developer property. This Agreement
to restrict the 30 feet of city property is necessary because the project is approved to be
constructed up to the Developer’s property line. The 30-foot restriction solves the requirement
for fire resistance ratings and limits on exterior walls of buildings based on separation from
property line as outlined in Chapter 6 of the Florida Building Code (FBC). The code requires
higher and higher fire ratings and less and less openings as a building gets closer to the
property line. This dedicated, no construction zone will act similar to frontage on a right-of-way
(ROW) which is addressed in the FBC. Frontage on ROW is not limited in building wall
openings and requires no fire rating.
The city property is a stormwater utility asset. The 30-foot area bordering the property line is
currently used as a sidewalk/recreation trail. As such, the City has no plans for the
development of habitable buildings within the 30-foot buffer identified in the Agreement.
Page 1 City of Clearwater Printed on 8/7/2014
Upon recording, return to:
Anne Q. Pollack, Esq.
Fletcher & Fischer, P.L.
501 E. Kennedy Blvd. Ste 802
Tampa, FL 33602
AGREEMENT FOR RESTRICTED LAND USE
ThisAGREEMENT FOR RESTRICTED LAND USE (“Agreement”) is made and
entered into this ___ day ofJuly, 2014, by and between PROSPECT PARK
DEVELOPMENT, LLC, located at 477 Commerce Way,Suite 115, Longwood, Florida
32750 (“DEVELOPER”) and the City of Clearwater, a municipal corporation of the State
of Florida, located at 112 S. Osceola Avenue, Clearwater, Florida(“CITY”) (collectively
the “PARTIES”).
WHEREAS, the DEVELOPER is the owner of that certain real property as
described in Exhibit “A” (“Developer Property”), attached hereto and made a part hereof.
WHEREAS, the CITY is the owner of that certain real property as described in
Exhibit “B” (“City Property”), attached hereto and made a part hereof; and
WHEREAS, the DEVELOPER and the CITY agree that placing certain land use
restrictions on the City Property will accommodate and allow for the required permitting
and approval of the intended development of the Developer Property; and
WHEREAS, the City, on behalf of its citizens, encourages and shall benefit from
such development.
NOW THEREFORE, for and in consideration of the mutual covenants herein
contained, together with other good and valuable consideration, the receipt of which is
herby acknowledged, the PARTIES agree as follows:
1.It is distinctly understood and agreed to by the PARTIES hereto that the
City Property shall not be used forthe development or building of any
habitable structure within 30 feet of the Developer Property, and that such
area is hereby designated as a zone that limits construction so as to
provide for the applicable code compliance standards required for any
buildings neighboring on the Developer Property with respect to Table
600 and horizontal separations (as provided for in the 2010 Florida
Building Code).
2.It is agreed thatthis Agreement shall be recorded in the Public Records of
Pinellas County, Florida, toserve as record notice to successors in
interest of the restriction on the City Property.
3.It is agreed that this document contains the entire agreement between the
PARTIES as to the matter herein contained, and this Agreement shall not
be modified except by an amendment in writing, signed by all PARTIES
hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first above written.
CITY:
CITY OF CLEARWATER FLORIDA, a municipal corporation of theState of Florida Countersigned:
______________________________ By: ___________________________George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
_______________________________ ____________________________PamelaK. Akin, City Attorney Rosemarie Call, City Clerk
DEVELOPER:
PROSPECT PARK DEVELOPMENT, LLC, a Florida limited liability company
By: FDG-Prospect Park Development, LLCa Florida limited liability company, its Operating Manger By:
Name:
Its:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
The foregoing instrument was acknowledged before me this _________ day of
July, 2014, by ______________________________, as
of FDG -Prospect Real Estate Group, LLC, the Operating Manager of Prospect Park
Development, LLC, a Florida limited liability company, on behalf of the company.
He/She is personally known to me or who produced ___________________ as
identification.
________________________________
Notary Public
EXHIBIT A
DEVELOPER PROPERTY
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA
PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 43 PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE
BOUNDARY LINE OF MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS
RECORDED IN PLAT BOOK 125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, THENCE ALONG THE BOUNDARY LINE OF SAID
MEDITERRANEAN VILLAGE IN THE PARK, THE FOLLOWING THREE COURSES:
SOUTH 00°02'16" WEST, 8.16 FEET; THENCE NORTH 89°57'44" WEST, 21.42 FEET;
THENCE SOUTH 00°17'21" WEST, 52.12 FEET TO A POINT ON THE SOUTH RIGHT
OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID BOUNDARY LINE
OF MEDITERRANEAN VILLAGE IN THE PARK AND ALONG THE SAID SOUTH
RIGHT OF WAY LINE OF PARK STREET, SOUTH 89°39'49" EAST 288.90 FEET TO A
POINT ON THE WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR.
AVENUE; THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF PARK
STREET AND ALONG THE SAID WEST RIGHT OF WAY LINE OF SOUTH MARTIN
LUTHER KING, JR. AVENUE, SOUTH00°04'00" WEST 264.88 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF PIERCE STREET; THENCE LEAVING THE
SAID WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE
AND ALONG THE SAID NORTH RIGHT OF WAY LINE OF PIERCE STREET AND
THE EXTENSION THEREOF, NORTH 89°39'04" WEST 386.83 FEET; THENCE
LEAVING THE SAID EXTENSION OF THE NORTH RIGHT OF WAY LINE OF PIERCE
STREET, NORTH 05°34'56" WEST 61.39 FEET; THENCE NORTH 15°56'32" WEST,
122.03 FEET; THENCE NORTH 29°12'41" WEST, 115.70 FEET; THENCE NORTH
53°04’15” WEST, 52.08 FEET; THENCE NORTH 89°54'47" WEST, 252.52 FEET TO A
POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE;
THENCE ALONG THE SAID EAST RIGHT OF WAY LINE OF SOUTH PROSPECT
AVENUE, NORTH 00°05'13" EAST, 251.17 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY LINE OF CLEVELAND STREET, SAID POINT BEING THE
NORTHWEST CORNER OF TRACT 2 OF SAID MEDITERRANEAN VILLAGE IN THE
PARK; THENCE LEAVING THE SAID EAST RIGHT OF WAY LINE OF SOUTH
PROSPECT AVENUE, ALONG THE SAID SOUTH RIGHT OF WAY LINE OF
CLEVELAND STREET, SOUTH 89°41'20" EAST, 647.02 FEET TO A POINT ON THE
WEST LINE OF THE EAST 50 FEET OF BLOCK 5, MRS. SARAH MCMULLEN’S
SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; THENCE LEAVING THE SAID SOUTH RIGHT OF
WAY LINE OF CLEVELAND STREET, ALONG THE SAID WEST BOUNDARY LINE OF
THE EAST 50 FEET OF BLOCK 5, SOUTH 00°03'59" WEST, 235.00 FEET TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING
THE SAID WEST BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, ALONG
THE SAID NORTH RIGHT OF WAY LINE OF PARK STREET, NORTH 89°41'20"
WEST, 137.10 FEET TO THE POINT OF BEGINNING. CONTAINING 279,998
SQUARE FEET (6.428 ACRES) MORE OR LESS.
EXHIBIT B
“CITY PROPERTY”
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-321
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve settlement of the liability claim of Ms. Kristina Marie McGarry for payment of $30,000
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The claimant was traveling north on Missouri Ave and while turning right onto Court Street,
was rear ended by a City vehicle. The claimant was injured as a result which is the basis of
this claim.
Ms. McGarry’s claim can be settled for $30,000.00.
The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The
City’s Risk Management Division and City’s Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the
Central Insurance Fund
APPROPRIATION CODE AND AMOUNT:
590-07000-545900-519-000 $30,000.00
Page 1 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-316
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve a one year Blanket Purchase Order with Smith Fence Company, Clearwater, FL, in
the amount of $200,000 for the purchase of labor, materials and equipment to install and
remove temporary as well as permanent fencing for special events, recreation facilities
including tennis courts, ballfields, basketball courts, perimeter fencing and construction
projects. (consent)
SUMMARY:
Staff is requesting that a Blanket Purchase Order in the amount of $200,000 be approved to
Smith Fence Company of Clearwater, Florida, in accordance with Sec. 2.564(1)(d), Code of
Ordinances, Pinellas County Co-op Contract 123-0148-B(LN), and authorize the appropriate
officials to execute same. (consent)
With over 100 parks in the City, there is a steady supply of minor and major fencing projects
that need to be addressed every year. It is difficult and time consuming to get quotes and/or
bids for each small project and we find that we get better pricing by going with larger
contracts/BPO’s.
Any large construction project that exceeds the $50,000 limit will be bid out separately
according to the current City policy and if over $100,000, brought before the Council for
approval.
Smith Fence Company has been very responsive to the City’s needs this past year. Smith
Fence Company is the Pinellas County Co-ops low bidder until May 7, 2016 when new bids
will be solicited.
APPROPRIATION CODE AND AMOUNT:
Funding for this BPO will come from a variety of operating and capital improvement codes in
the Parks and Recreation Department, one of which is a CIP project specifically designated as
Fencing Replacement Program.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-316
Page 2 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-254
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Approve an Equestrian Patrol Equine User Agreement among the City of Clearwater, Nancy
Miller, and Deborah Storey to use two horses for use in activities associated with the Police
Department’s Equestrian Patrol Unit, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The Police Department is continually exploring mechanisms to enhance its law-enforcement
capabilities and its community outreach abilities.
The Police Department created an Equestrian Patrol Unit in August of 2011, which has utilized
a horse owned by Nancy Miller and a horse owned by volunteer Deborah Storey for the
purpose of participating in community engagement and education, public relations activities,
and searches in areas not easily accessible to vehicles or to officers on foot.
The Equestrian Patrol Unit has been comprised of two members: a Police Department
Reserve Officer (Nancy Miller) and a Police Department Volunteer (Deborah Storey).
As a reserve police officer assigned to the Equestrian Patrol Unit, Nancy Miller has arrest
powers as authorized by Florida State Statutes, but will refrain from direct enforcement action
unless immediate intervention is necessary to prevent great bodily harm or death during an
in-progress, violent offense.
The two horses have been boarded on real property owned by Nancy Miller.
The numerous costs incurred by Nancy Miller in providing transportation of both horses to
law-enforcement related activities connected with the CPD Equestrian Patrol are as follows:
·Heavy Duty Truck for towing a horse trailer - Approximate cost $25,000.
·Truck Maintenance - Approximately $1010 yearly (washing, vacuuming, oil changes,
regular maintenance, tires, etc.).
·Horse Trailer - Approximate cost $12,000.
·Trailer Maintenance - Approximately $350 yearly (Replace mats, jack, wiring & light
replacements, cleaning, shavings, etc.).
·Storage - Location where it will be accessible, safe and not in the way
An example of the owners’ yearly costs to maintain two horses is as follows:
·Vaccinations annually - ($100 per horse X 2 times per horse X 2 horses) $400.
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-254
·Ferrier annually - (About 9 times a year at $35 a visit per horse) $630.
·Feed, hay, supplements annually - $4512.
·Grooming supplies, fly spray, hoof meds annually - $720.
·De-worming annually - $80.
The Agreement will provide a more simplified and clearer method of providing partial
reimbursement for the costs in providing two horses by authorizing a total monthly, lump sum
payment of $300 to be made to Nancy Miller in addition to the mileage reimbursement.
The Agreement is for a three-year period and may be terminated by any party with or without
cause upon written notice.
There will be no direct impact to the Police Department’s current or future operating budget(s)
as a result of the continuation of the Equestrian Patrol Unit within the Police Department.
Costs will be funded from Special Program Project 181-99329, Investigative Cost Recovery.
APPROPRIATION CODE AND AMOUNT:
Total monthly payment of $300 is a fixed reimbursement; other costs to be reimbursed are
approximate. There will be no direct impact to the Police Department’s current or future
operating budget(s) as a result of the continuation of the Equestrian Patrol Unit within the
Police Department. Costs will be funded from Special Program Project 181-99329,
Investigative Cost Recovery.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-305
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA)
Edward Byrne Memorial Justice Assistance Grant in the amount of $58,283, additional 1.4 Full
Time Equivalent Position (FTE), and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On May 15, 2014, Clearwater Police Department (CPD) was granted approval by the City
Council to submit a grant application in the amount of $58,283 under the federal Justice
Assistance Grant (JAG) program to continue its successful Report Review Team Program.
The Program was originally launched in 2011 with JAG funding. That grant has been officially
awarded and CPD now seeks approval to accept it.
The RRT Program was created as a means to increase supervisor efficiency within the Police
Department. The RRT Program removes the burden of report review from first line
supervisors. Implementation of the RRT Program has resulted in efficiencies for field
supervisors by allowing them to focus on evaluation and supervision of field personnel,
employee coaching, community problem solving, and reaching other Department and
community goals. The smaller review team has also allowed for greater accountability and
consistency in the final work product.
The RRT Program operates under the supervisory umbrella of the Crime Analysis Unit. The
team reviews, approves, and disseminates the majority of police reports generated by the
Patrol Division, Police Service Technicians, and Crime Scene Technicians to ensure that
these reports meet the minimum standards set forth by the Department. Additionally, the
team is responsible for the tracking of reports to ensure a timely review and to provide
feedback to patrol, and other, supervisors if corrective action is necessary.
The 2014 JAG grant will fund the salary and benefits of approximately 1.4 full-time equivalent
report reviewer position(s). This is based on a maximum of 100 hours per week to be shared
among four employees for a total 5,200 hours annually.
Based on the Pay Plan and using an hourly wage of $19.96, salary costs are estimated at
$54,142, with benefit costs for social security at $4,141. The total estimated cost of this 1.4
FTE, $58,283, will be funded by the JAG Grant.
The total cost of the program will be $111,979 with $58,283 being funded with the Justice
Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining
employee costs of approximately $53,696 being funded from the Investigative Cost Recovery
Project.
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-305
There is no mandatory match for this grant. The $53,696 from the Investigative Cost
Recovery Project will be reflected in the grant budget as a voluntary match.
There is no retention requirement associated with this grant and the additional positions will be
eliminated when grant funding expires.
There will be no direct adverse impact to the Police Department operating budget. Because
the RRT Program is so successful, it is proposed that subsequent years continue to be funded
through the same grant and/or the Investigative Cost Recovery Project.
Special project number 181-99206, 2014 Report Review Team Program, will be established to
account for the grant expenditures. In addition, Special Project 181-99329, 2014 RRT-Invest
Cost Recovery, will be used to fund the Investigative Cost Recovery portion of the grant.
APPROPRIATION CODE AND AMOUNT:
There will be no direct adverse impact to the Police Department operating budget. Special
project number 181-99206, 2014 Report Review Team Program, will be established to
account for the grant expenditures. In addition, Special Project 181-99329, 2014 RRT-Invest
Cost Recovery, will be used to fund the Investigative Cost Recovery portion of the grant.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 8/7/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-315
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Award a construction contract to Steve’s Excavating and Paving, Inc. of Dunedin, Florida, for
the Wood Valley Traffic Calming Project (07-0039-EN) in the amount of $811,876.83, which is
the lowest responsible bid received in accordance with the plans and specifications, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
This project involves construction of traffic calming features in the Wood Valley Neighborhood
envisioned by community residents at the Wood Valley Traffic Calming Charrette and
supported by a petition signed by owners of over 65% of the parcels in the project area. The
engineering plans were reviewed for faithfulness to their charrette vision by residents
belonging to the Wood Valley Traffic Calming Tech Team at all project milestones. The Tech
Team has kept the neighborhood informed about the project through personal contact at their
bi-monthly community meetings.
Traffic calming features include a single lane modern roundabout at the intersection of
Fairwood Avenue and Park Trail Lane, oval medians, speed tables, traffic separators, and
landscaping. The project also includes minor work on the CSX Railroad right-of-way which
includes new curbing and extension of a drainage pipe under Fairwood Avenue.
Work will commence upon award and execution of the contract and will be completed within
240 calendar days.
Ongoing maintenance of the landscaping elements of the project shall be provided by the
Parks and Recreation Department. The landscaping was designed, with Parks Department
input, for low maintenance. Street signage and pavement markings shall be maintained by
the Traffic Operations Division.
APPROPRIATION CODE AND AMOUNT:
0315-92276-563700-541-000-0000
Sufficient funds are available in capital improvement program project 315-92276, Traffic
Calming Program, to fund this contract .
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/7/2014
Line
No.BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 Mobilization LS 1 120,000.00$ 120,000.00$ 100,000.00$ 100,000.00$ 66,268.50$ 66,268.50$ 57,180.00$ 57,180.00$
2 Maintenance of Traffic LS 1 68,006.00$ 68,006.00$ 35,000.00$ 35,000.00$ 9,045.00$ 9,045.00$ 9,300.00$ 9,300.00$
3 Sediment Barrier LS 1 1,880.00$ 1,880.00$ 2,500.00$ 2,500.00$ 3,040.00$ 3,040.00$ 10,880.00$ 10,880.00$
4 Inlet Protection System EA 11 92.00$ 1,012.00$ 200.00$ 2,200.00$ 25.00$ 275.00$ 90.00$ 990.00$
5 Tree Barricade LS 1 1,730.00$ 1,730.00$ 3,500.00$ 3,500.00$ 1,173.00$ 1,173.00$ 5,760.00$ 5,760.00$
6 Root Pruning LS 1 6,240.00$ 6,240.00$ 3,000.00$ 3,000.00$ 1,452.00$ 1,452.00$ 4,480.00$ 4,480.00$
7 Clearing and Grubbing LS 1 103,000.00$ 103,000.00$ 78,000.00$ 78,000.00$ 24,586.00$ 24,586.00$ 10,500.00$ 10,500.00$
8 Furnish & Install Mailbox EA 4 116.00$ 464.00$ 350.00$ 1,400.00$ 85.00$ 340.00$ 210.00$ 840.00$
9 Regular Excavation LS 1 10,950.00$ 10,950.00$ 35,000.00$ 35,000.00$ 11,400.00$ 11,400.00$ 5,500.00$ 5,500.00$
10 Embankment LS 1 9,970.00$ 9,970.00$ 30,000.00$ 30,000.00$ 17,200.00$ 17,200.00$ 2,450.00$ 2,450.00$
11 Stabilization (Type B)SY 3,293 17.00$ 55,981.00$ 9.00$ 29,637.00$ 8.00$ 26,344.00$ 12.00$ 39,516.00$
12 8" Crushed Conc. Base SY 2,894 29.00$ 83,926.00$ 25.00$ 72,350.00$ 18.00$ 52,092.00$ 18.00$ 52,092.00$
13 Milling 1"SY 550 14.00$ 7,700.00$ 15.00$ 8,250.00$ 10.00$ 5,500.00$ 11.50$ 6,325.00$
14 Superpave Asphaltic Concrete (Traffic A)(1")TN 28.3 390.00$ 11,037.00$ 150.00$ 4,245.00$ 145.00$ 4,103.50$ 147.00$ 4,160.10$
15 Superpave Asphaltic Concrete (Traffic A)(2")TN 272.9 165.00$ 45,028.50$ 110.00$ 30,019.00$ 130.00$ 35,477.00$ 147.00$ 40,116.30$
16 Superpave Asphaltic Concrete (Traffic A)(5")(Speed Table)TN 65 375.00$ 24,375.00$ 150.00$ 9,750.00$ 240.00$ 15,600.00$ 195.00$ 12,675.00$
17 Cement Conc. Pavt. With Fiber Mesh Reinforcement, 6"SY 318 53.00$ 16,854.00$ 55.00$ 17,490.00$ 63.00$ 20,034.00$ 53.00$ 16,854.00$
18 Conc. Class I, Endwall EA 2 2,420.00$ 4,840.00$ 2,300.00$ 4,600.00$ 2,474.00$ 4,948.00$ 2,090.00$ 4,180.00$
19 COC Inlet (Curb)(Type A)(Single 6' Wing)EA 1 8,620.00$ 8,620.00$ 6,800.00$ 6,800.00$ 4,018.00$ 4,018.00$ 4,600.00$ 4,600.00$
20 COC Inlet (Curb)(Type A)(Double 6' Wing)EA 3 6,160.00$ 18,480.00$ 7,000.00$ 21,000.00$ 4,235.00$ 12,705.00$ 5,380.00$ 16,140.00$
21 COC Manhole EA 1 3,860.00$ 3,860.00$ 4,000.00$ 4,000.00$ 3,686.00$ 3,686.00$ 2,470.00$ 2,470.00$
22 FDOT Inlet (Curb) (Type J-9) (<10')EA 1 7,490.00$ 7,490.00$ 8,000.00$ 8,000.00$ 4,576.00$ 4,576.00$ 3,410.00$ 3,410.00$
23 Manhole, Adjust, Utilities EA 2 391.00$ 782.00$ 1,500.00$ 3,000.00$ 680.00$ 1,360.00$ 800.00$ 1,600.00$
24 Drainage Structure Modify (Existing Inlet)EA 1 1,400.00$ 1,400.00$ 2,000.00$ 2,000.00$ 1,962.00$ 1,962.00$ 1,970.00$ 1,970.00$
25 Conc. Pipe Culvert (Round) (18" S/CD)LF 52 195.00$ 10,140.00$ 96.00$ 4,992.00$ 82.00$ 4,264.00$ 87.00$ 4,524.00$
26 Conc. Pipe Culvert (Round) (24" S/CD)LF 24 215.00$ 5,160.00$ 110.00$ 2,640.00$ 94.00$ 2,256.00$ 160.00$ 3,840.00$
27 Conc. Pipe Culvert (Elliptical) (12"x18" S/CD)LF 66 187.00$ 12,342.00$ 112.00$ 7,392.00$ 76.00$ 5,016.00$ 64.00$ 4,224.00$
28 Conc. Pipe Culvert (Elliptical) (14"x23" S/CD)LF 379 115.00$ 43,585.00$ 115.00$ 43,585.00$ 83.00$ 31,457.00$ 60.00$ 22,740.00$
29 U-Endwall, (STD 261) (Baffles)(1:2 Slope)(24")(14"x23")EA 1 3,390.00$ 3,390.00$ 1,700.00$ 1,700.00$ 2,876.00$ 2,876.00$ 2,800.00$ 2,800.00$
30 Mitered End Section, Elliptical, 14"x23" CD EA 1 1,010.00$ 1,010.00$ 1,100.00$ 1,100.00$ 1,430.00$ 1,430.00$ 1,120.00$ 1,120.00$
31 Concrete Curb & Gutter, FDOT Type RA LF 284 41.00$ 11,644.00$ 31.00$ 8,804.00$ 23.00$ 6,532.00$ 29.00$ 8,236.00$
32 Concrete Curb & Gutter, Type 1 LF 1,391 37.00$ 51,467.00$ 24.00$ 33,384.00$ 22.00$ 30,602.00$ 25.00$ 34,775.00$
33 Straight Curb LF 327 36.00$ 11,772.00$ 21.00$ 6,867.00$ 20.00$ 6,540.00$ 30.00$ 9,810.00$
STEVE'S EXCAVATING &
PAVING, INC.
P.O. BOX 303
DUNEDIN, FL 34697
AJAX PAVING INDUSTRIES OF
FLORIDA, LLC
510 GENE GREEN ROAD
NOKOMIS, FL 34275
KAMMINGA & ROODVOETS,
INC.
5219 CONE ROAD
TAMPA, FL 33610
KEYSTONE EXCAVATORS, INC.
371 SCARLET BLVD.
OLDSMAR, FL 34677
PROJECT NAME & #: WOOD VALLEY TRAFFIC CALMING PROJECT #07-0039-EN
BID OPENING DATE: JUNE 25, 2014 AWARD DATE: JULY 17, 2014
Page 1
Line
No.BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
STEVE'S EXCAVATING &
PAVING, INC.
P.O. BOX 303
DUNEDIN, FL 34697
AJAX PAVING INDUSTRIES OF
FLORIDA, LLC
510 GENE GREEN ROAD
NOKOMIS, FL 34275
KAMMINGA & ROODVOETS,
INC.
5219 CONE ROAD
TAMPA, FL 33610
KEYSTONE EXCAVATORS, INC.
371 SCARLET BLVD.
OLDSMAR, FL 34677
PROJECT NAME & #: WOOD VALLEY TRAFFIC CALMING PROJECT #07-0039-EN
BID OPENING DATE: JUNE 25, 2014 AWARD DATE: JULY 17, 2014
34 Modified Straight Curb LF 515 35.00$ 18,025.00$ 21.00$ 10,815.00$ 21.00$ 10,815.00$ 25.00$ 12,875.00$
35 Concrete Valley Gutter LF 240 38.50$ 9,240.00$ 31.00$ 7,440.00$ 35.00$ 8,400.00$ 29.00$ 6,960.00$
36 Concrete Traffic Separator - (Type I - Option II - 4')LF 147 95.00$ 13,965.00$ 52.00$ 7,644.00$ 38.00$ 5,586.00$ 40.00$ 5,880.00$
37 Concrete Traffic Separator - (Type I - Option II) (Special 2' Width)SY 36 98.00$ 3,528.00$ 125.00$ 4,500.00$ 95.00$ 3,420.00$ 80.00$ 2,880.00$
38 Concrete Sidewalk (4")SF 2,597 5.00$ 12,985.00$ 4.40$ 11,426.80$ 6.00$ 15,582.00$ 4.85$ 12,595.45$
39 Concrete Sidewalk (6") (Driveways)SF 598 6.00$ 3,588.00$ 5.20$ 3,109.60$ 8.00$ 4,784.00$ 5.50$ 3,289.00$
40 Concrete Sidewalk Curb Ramp & Detectable Warning EA 6 2,230.00$ 13,380.00$ 1,200.00$ 7,200.00$ 850.00$ 5,100.00$ 1,540.00$ 9,240.00$
41 Patterned Pavement SY 225 121.00$ 27,225.00$ 114.00$ 25,650.00$ 90.00$ 20,250.00$ 80.00$ 18,000.00$
42 Pavers, Architectural, Roadway SY 318 75.00$ 23,850.00$ 80.00$ 25,440.00$ 70.00$ 22,260.00$ 68.00$ 21,624.00$
43 RIPRAP-Rubble, Ditch Lining TN 997 180.00$ 179,460.00$ 75.00$ 74,775.00$ 94.00$ 93,718.00$ 68.00$ 67,796.00$
44 Bedding Stone TN 430 61.00$ 26,230.00$ 55.00$ 23,650.00$ 40.00$ 17,200.00$ 31.00$ 13,330.00$
45 Guardrail (Roadway W-Beam)LF 167 21.50$ 3,590.50$ 25.00$ 4,175.00$ 25.00$ 4,175.00$ 35.00$ 5,845.00$
46 Guardrail End Anchorage Assembly (Parallel)EA 1 2,660.00$ 2,660.00$ 2,300.00$ 2,300.00$ 2,812.00$ 2,812.00$ 2,950.00$ 2,950.00$
47 Guardrail End Anchorage Assembly (Type II)EA 1 925.00$ 925.00$ 800.00$ 800.00$ 966.00$ 966.00$ 1,025.00$ 1,025.00$
48 Single Post Sign (Furnish & Install)(<12 SF) AS 15 254.00$ 3,810.00$ 220.00$ 3,300.00$ 190.00$ 2,850.00$ 290.00$ 4,350.00$
49 Single Post Sign (Relocate) EA 7 116.00$ 812.00$ 100.00$ 700.00$ 85.00$ 595.00$ 160.00$ 1,120.00$
50 Multi-Post Sign (Relocate) EA 1 139.00$ 139.00$ 120.00$ 120.00$ 440.00$ 440.00$ 250.00$ 250.00$
51 Sign (Remove) EA 5 23.00$ 115.00$ 20.00$ 100.00$ 65.00$ 325.00$ 160.00$ 800.00$
52 Delineator, Flexible High Visibility Median EA 12 197.00$ 2,364.00$ 170.00$ 2,040.00$ 45.00$ 540.00$ 60.00$ 720.00$
53 Retro-Reflective Pavement Marker EA 234 4.00$ 936.00$ 4.00$ 936.00$ 4.00$ 936.00$ 4.00$ 936.00$
54 Painted Pavement Markings, Yellow, Island Nose SF 63 2.00$ 126.00$ 2.00$ 126.00$ 2.00$ 126.00$ 2.00$ 126.00$
55 Thermoplastic Pavement Striping (Standard) LS 1 8,090.00$ 8,090.00$ 7,000.00$ 7,000.00$ 12,069.00$ 12,069.00$ 11,220.00$ 11,220.00$
56 Opti-Curb Marker EA 233 80.00$ 18,640.00$ 70.00$ 16,310.00$ 74.00$ 17,242.00$ 32.00$ 7,456.00$
57 Utility Pipe, F&I, DIP, Water/Sewer, 8" LF 93 295.00$ 27,435.00$ 80.00$ 7,440.00$ 81.00$ 7,533.00$ 90.00$ 8,370.00$
58 Relocate Watermain, 8" EA 2 8,470.00$ 16,940.00$ 2,000.00$ 4,000.00$ 4,420.00$ 8,840.00$ 5,235.00$ 10,470.00$
59 Landscaping LS 1 48,550.00$ 48,550.00$ 30,000.00$ 30,000.00$ 35,410.00$ 35,410.00$ 35,490.00$ 35,490.00$
60 Irrigation System LS 1 34,700.00$ 34,700.00$ 20,000.00$ 20,000.00$ 27,030.00$ 27,030.00$ 23,950.00$ 23,950.00$
61 Project Sign EA 2 983.00$ 1,966.00$ 500.00$ 1,000.00$ 450.00$ 900.00$ 770.00$ 1,540.00$
62 Roundabout Up-Lighting LS 1 17,350.00$ 17,350.00$ 14,000.00$ 14,000.00$ 12,738.00$ 12,738.00$ 8,835.00$ 8,835.00$
1,284,760.00$ 938,202.40$ 760,800.00$ 705,979.85$
63 192,714.00$ 140,730.36$ 114,120.00$ 105,896.98$
1,477,474.00$ 1,078,932.76$ 874,920.00$ 811,876.83$
Peach shaded cells denote mathematical corrections
Sub-Total (Items 1-62)
15% Contingency
Bidder's Grand Total
Page 2
SectionV for Granicus.docx Page i 3/25/2014
SECTION V
CONTRACT DOCUMENTS
Table of Contents:
CONTRACT BOND ................................................................................................................................. 1
CONTRACT .............................................................................................................................................. 3
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ................................................................. 7
PROPOSAL BOND .................................................................................................................................. 8
AFFIDAVIT .............................................................................................................................................. 9
NON COLLUSION AFFIDAVIT ......................................................................................................... 10
PROPOSAL ............................................................................................................................................. 11
CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14
BIDDER’S PROPOSAL ......................................................................................................................... 15
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ..................................................................................................................... 17
SectionV for Granicus.docx Page 1 of 17 3/25/2014
BOND NUMBER: ____________________
CONTRACT BOND
(1)
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we STEVE’S EXCAVATING AND PAVING,
INC. as Contractor and _____________________________________________________________
(Surety) whose home address is ____________________________________________________
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: EIGHT HUNDRED ELEVEN
THOUSAND, EIGHT HUNDRED SEVENTY-SIX Dollars and EIGHTY-THREE Cents
($811,876.83) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns for the faithful performance of a certain written contract, dated the
______________day of ___________________, 20___, entered into between the Contractor and the
City of Clearwater for:
WOOD VALLEY TRAFFIC CALMING
PROJECT NO. 07-0039-EN
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the one
year guarantee of material and labor, and his obligations thereunder, including the contract documents
(which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond,
Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and
Specifications therein referred to and made a part thereof, and such alterations as may be made in said
Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner
against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or
default, including patent infringements on the part of the said Contractor agents or employees, in the
execution or performance of said contract, including errors in the plans furnished by the Contractor, and
further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying
him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors,
Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this
obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the
Owner any difference between the sum to which the said Contractor would be entitled on the completion
of the Contract, and that which the Owner may be obliged to pay for the completion of said work by
contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may
sustain on account of such work, or on account of the failure of the said Contractor to properly and in all
things, keep and execute all the provisions of said contract.
SectionV for Granicus.docx Page 2 of 17 3/25/2014
CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner
against, and will pay any and all amounts, damages, costs and judgments which may be recovered
against or which the Owner may be called upon to pay to any person or corporation by reason of any
damages arising from the performance of said work, or of the repair or maintenance thereof, or the
manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper
performance of the said work by the Contractor or his agents or servants, or the infringements of any
patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors,
administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be
compelled to pay because of any lien for labor material furnished for the work, embraced by said
Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the term s of the
contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day
of ________________, 20___.
STEVE’S EXCAVATING & PAVING,
INC.
(CONTRACTOR)
By: _____________________________
Print Name: _______________________
Title: ____________________________
ATTEST:
_________________________________
Print Name: _______________________
_________________________________
SURETY
WITNESS: By: _____________________________
ATTORNEY-IN-FACT
_________________________________ Print Name: _______________________
Print Name: _______________________
COUNTERSIGNED:
_________________________________
Print Name: _________________________
SectionV for Granicus.docx Page 3 of 17 3/25/2014
CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and STEVE’S
EXCAVATING & PAVING, INC., of the City of Clearwater, County of Pinellas, 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:
WOOD VALLEY TRAFFIC CALMING (#07-0039-EN)
in the amount of $811,876.83
In accordance with such proposal and technical supplemental specifications and such other s pecial
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 rem edies 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 EMPLOYE ES
RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB
CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
SectionV for Granicus.docx Page 4 of 17 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 construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithfu l performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
SectionV for Granicus.docx Page 5 of 17 3/25/2014
CONTRACT
(3)
The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statu tes
(2013), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the City of Clearwater.
SectionV for Granicus.docx Page 6 of 17 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.)
STEVE’S EXCAVATING & PAVING,
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).
SectionV for Granicus.docx Page 7 of 17 3/25/2014
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF PINELLAS
On this day personally appeared before me, the undersigned authority, duly authorized to administer
oaths and take acknowledgments, _________________________________, who after being duly sworn,
deposes and says:
That he/she is the ________________________________________________________________
(TITLE) of STEVE’S EXCAVATING & PAVING, INC., a Florida Corporation, with its principal
place of business located at 1741 North Keene Road, Clearwater, FL, 33755 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the ______ day of
__________________, 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, as Owner, and that the Contractor was to perform the construction of:
WOOD VALLEY TRAFFIC CALMING (#07-0039-EN)
That said work has now been completed and the Contractor has paid and discharged all sub -contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon
consideration of the payment of ___________________________ (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of the
Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me ____________________________________
AFFIANT
This _____day of ____________, 20___.
BY: ______________________________
_________________________________
NOTARY PUBLIC
_________________________________
My Commission Expires: PRESIDENT
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-322
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.10
SUBJECT/RECOMMENDATION:
Approve the final plat for JCPenney Subdivision, whose physical address is 2610 Countryside
Boulevard and is located on the J.C. Penney parcel at Countryside Westfield Mall. (consent)
SUMMARY:
This plat will create 2 lots from the existing unplatted parcel.
The overall site consists of 13.4 Acres.
The property is within the city limits of Clearwater and the current zoning is Commercial (C).
The proposed project was approved by the Community Development Board on February 18,
2014.
Page 1 City of Clearwater Printed on 8/7/2014
PLATLOCATION
^
US 19
SR 580
ENTERPRISE RD E
4th ST
2nd ST
ENTERPRISE RD
FRISCO DR
WILDWOOD DR
SUMMERDALE DR
VILLAGE DR
1st ST
3rd ST
EVANS RD
HAMMOCKPINEBLVD
MO
O
R
E
H
AV
EN
D
R
W
MOORE HAVEN DR E
WINDING WOOD DR
WESTCHESTER DR N
LONGVIEW DR
NETHERLANDS DR
SUNSTREAM LN
QUAIL HOLLOW RD W
TIMBERCRESTCIR W
HAV E R H IL L D R
6th AVE
8th AVE
9th AVE
W ESTCHESTER DR S
FIRST ST E
PEBBL
E
L
A
K
E
D
R
P H E A S A N T R U N
CYPRESS BEND DR
A
N
D
E
R
S
O
N
D
R
W
G L O R I A C T
WARWICK DR SUMATRAN WAY
ASHMORE DR
THIRD AVE N
COVINGTON DR
PINE TREE LN
LUCE DR N
7th AVE
10th AVE CLUBHOUSE DR S
RHODESIAN DR
HERDA DR
F
O
R
E
STVIE
W
D
R
HAMMOCK C T
TIMBERCRESTCIRE
S A B A L S P R I N G S C I R
NE W B E R N D R
LUCE DR W
NEWBERN AVE
OAK NECK RD
CEDAR RUN CT
P E ACHTRE
E
CIR
E
LU C E D R S
MILLWOOD LN
BRYN MAWR DR W
A N D ERSON DR N
HIDDEN PINES LN
FOURTH AVE N
S E A P I N ESCIRE
SABAL SPRINGS DR
H I C K MAN
CI
R
BU R N I N G T R E ELN
BRYN M A WRCIR
FO
X
H
E
A
D
WAY
F O X W O O D C T
WOODMERECT
CYPRESS
BENDDRW
DOGWOOD CT
TORREY PINES CT
FOXFIRECT
CYPRESS BEND DR E
WOODHAVEN CT
SHADY OAK CT
F
O
R
E
S
TRUNCT
ANDERSON DR S
H AV E R H I L L C T
COTTONWOOD CT
HEATHERW OOD CT B A R K S D A L E C T
MARRIE CT
SA
B
E
R
C
T
TIMBERLINE CT
ROCKLEDGE LN
3rd ST
1st ST
10th AVE
TAHITIAN LN
S
E
A PIN
E
S CIR
W
W
E
AT
H
E
R
S
FIELD C
T
ASHWOOD CT
NEWBERN WAY
CEDAR VIEW CT
BRYN MAWR BRYN MAWR DR N
CAPWOOD LN
COUNTRYSIDE PINES DR
SAND HOLLOW CT
A N D E R S O N C T
BRIARBLUFF LN
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.221B 30-28s-16e07/14/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
JC PENNEY
Document Path: V:\GIS\_Staff\Jim_B\Projects\Tom Mahony\JC_Penney.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-328
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 7.11
SUBJECT/RECOMMENDATION:
Approve an amendment to an existing services agreement with HDR Engineering, Inc. of
Tampa, Florida for the US 19 Corridor Development Code, increasing the purchase order by
$28,200 to $118,200 as described in the Additional Services Scope of Work, authorize the
appropriate officials to execute, and authorize the allocation of General Fund reserves in the
amount of $28,200. (consent)
SUMMARY:
The US 19 Corridor Redevelopment Plan is a guiding document that summarizes the current
context of the corridor and sets forth an implementable vision to strengthen the identity,
design, mobility, and competitiveness of the corridor in the region. The Planning and
Development Department has moved forward with implementation of the Revitalization and
Redevelopment strategies by hiring HDR to develop new zoning district regulations and new
design standards for properties on the US 19 corridor.
Under the current agreement, the project provides for HDR to participate in a specific number
of public meetings and staff work sessions, and produce a limited number of drafts of the code
for staff and public review. Total compensation for work completed under the existing
agreement is $90,000.
Due to the complexity of the project, the Department has discussed with HDR the need for
additional tasks not called for under the existing agreement. These additional services include
additional workshops and work sessions with staff as well as the preparation of two working
drafts of the code. Further, two additional key stakeholder work sessions are proposed in
order to allow for continued discussion with a group of corridor stakeholders with which the
Department and HDR previously met to review the Code Context and Concepts report (as
presented to City Council on March 31, 2014). The original project budget was included in the
current Planning and Development Department operating budget and within the City
Manager’s approval limits; however, the additional funding request of $28,200 would increase
the project budget to $118,200 which requires approval by the City Council, and requires the
allocation of $28,200 from General Fund reserves.
APPROPRIATION CODE AND AMOUNT:
Funding for this additional contract cost will be provided by a third-quarter budget amendment
allocating General Fund reserves in the amount of $28,200 to the Planning and Development
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-328
Department operating budget (010-01420-530300).
USE OF RESERVE FUNDS:
The balance in General Fund reserves is approximately $19.7 million, or 17.2% of the 2013/14
General Fund operating budget. Inclusive of the $1.4 million used to fund the current
operating budget, a total of $ 2.488,215 of General Fund reserves has been used to date to
fund expenditures in the 2013/14 operating budget.
Page 2 City of Clearwater Printed on 8/7/2014
Page 1of 7
US 19 Corridor Development Code &Design Standards
08.26.13
SCOPE OF WORK
The scope of work presented herein provides a description of tasks and deliverables expected of the
consultant.
Project Description
The City ofClearwater is seeking professional services to prepare a zoning overlay district and new
design standards for the areas within the overlay district for US 19 consistent with the applicable
strategies containedwithin the US 19 Corridor Redevelopment Plan(“the Plan”), approved by City
Council on December 6, 2012, and the Economic Development Strategic Plan (August 2011) as it relates
to the strategies and objectives for the US 19 corridor. The City continues towork with the Pinellas
Planning Council (PPC) staff as they prepare a new Countywide Future Land Use Plan Map and new
Countywide Plan Rules (Strategy 1.1, Option 1). However, due to the importance of the implementation
of the Plan to continued economic development along the corridorand for owners of properties
affected by the construction on US 19, the City intends to move forward with the identification of new
overlay district boundaries and incorporation of corridor specific development regulations anddesign
standards into its Community Development Code.
The major tasks and deliverables for this project will lead to the adoption of corridor-specific standards
to accomplish the following (from Strategy 1.2):
Reinforce and improve regional and neighborhood shopping and employment destinations;
Attract employment-intensive and transit-supportive land uses;
Create an interconnected network of streets and drives designed to disperse traffic, reduce
vehicle miles traveled, and provide for cross-parcel vehicular and pedestrian connections and
convenient routes for pedestrians and bicyclists;
Promote building and site designs that contribute to the creation of attractive streetscapes,
screen parking and service areas, maximize the potential for shared parking, and incorporate
low impact development (LID) and other sustainable development strategies;
Encourage consolidation of ownership and coordinated planning; and
Promote master planning for larger sites that addresses the potential for multiple phases of
development, vertical and horizontal mixed uses, transit integration, and structured parking.
Within the Plan, it is envisioned that development projects would need to provide certain public
benefits in order to achieve the highest densities and intensities allowed within the District. However, all
development projects must meet certain design standards applicable to the three subareas(i.e.,
regional centers, neighborhood centers, and in-between areas)to be createdas part of this project.
Page 2of 7
Project Area
Figure 37 in the Plan (below) identifies potential limits of an overlay district with subareas (i.e., regional
centers, neighborhood centers, and in-between areas). Further refinement of the district boundaries
maybe necessary as part of the development of the standards for the overall corridor and subareas.
However, it is expected that final defined subareas will be consistent with those defined within the
Framework Plan (pages 47-54 of the Plan) and will considerthe context of the surrounding development
to ensure compatibility with adjacent residential neighborhoods.
At this time there is not any enhanced transit service on US 19; however, the Plan envisions the use of
the zoning overlay as a means to facilitateredevelopment along the corridor in transit-supportive forms
and higher densities and intensities. Although the city will not be able to utilize the transit-oriented
development (TOD) Future Land Use Plan categories included within the city’s Comprehensive Plan and
the Countywide Plan Rules, the zoning overlay district and design standards will serve as a first step
towards the creation of compact, walkable, mixed-use areas. When transit is added in the future (likely
bus rapid transit), future TOD will continue the pattern of bringingtogether people, jobs, and services in
a way that makes it efficient, safe, and convenient to travel on foot or by bicycle, transit, or car.
The latest draft of proposed Countywide Future Land Use Plan Map categories provided by PPC staff
includes two categories applicable to US 19: Mobility Corridor and Activity Center.It is the city’s intent
to develop new zoning overlay and standardsin a manner that is consistent with the understood intent
of these categories. Additional information regarding what is required in order to request that the US 19
corridorbe designated as a Mobility Corridor with Activity Centers (per the most recent draft of the new
Countywide Plan Rules) is included in the Project Tasks and Deliverables section of this Scope.
Page 3of 7
Project Tasks& Deliverables
Task 1: Project Initiation
1.1 Project Initiation Meeting. HDR’s project manager will lead a kick-off meeting with staff to discuss
project goals and objectives, schedules, administrative procedures (invoicing, team communications,
etc.), data sources, and other topics relevant to the successful completion of the project.
1.2 Engagement Strategies. Based on feedback from staff and consistent with the engagement activities
called for below, HDR will prepare a brief memorandum summarizing plans to engage key stakeholders,
including property and business owners, residents of adjacent neighborhoods, and others interested in
the future of the corridor.
1.3Project Schedule.HDR will prepare and submit a project schedule highlighting dates for meetings,
workshops, and key deliverables.
Deliverables:Engagement Memorandum
Final Schedule
Task 2: Code Context Assessment & Preliminary Concepts
2.1 Code Context Assessment. HDR will complete an assessment of conditionsand contexts affecting
the code developmentprocess. The results of the assessment will be presented in a paper organized in
three parts as follows:
Existing Planning & Code Provisions. HDR will complete a review of existing planning policies
andcode provisions guiding development along the corridor. This effort will result in a
statement of objectives for the coding effort and the identification of existing code provisions
that may be incorporated into the new code.
Existing Patterns of Development. To establish a point of reference for the evaluation of new
code provisions, HDR will identify and prepare diagrammatic sketches illustrating up to 5 typical
development conditions present along the corridor. The sketches will show typical site and
building configurationsalong US 19 frontage roads and major cross streets. The sketches will
focus on areas of between 5 and 10 acres and provide a similar level of detail as the concept
sketches in the Plan.
Potential Development Types. HDR will prepare a series of diagrammatic sketches illustrating
potential development and redevelopment types consistent with planning and design objectives
described in the Plan. The type sketches will be general in nature, not site specific, and designed
to illustrate potential future conditions along US 19 frontage roadsand major cross streets. The
sketches will show potential on areas of between 5 and 10 acres and provide a similar level of
detail as the concept sketches in the Plan.
2.2Staff Work Session & Tour.A working draft of the Context Assessment Paper will be reviewedwith
staff in a two-to three-hour work session. During the work session, HDR will work with staff to review
Page 4of 7
development coding challenges and clarify preferences for the form, pattern, and scale of new
development and redevelopment. Following the work session, HDR staff will lead a two-hour tour of the
study area. (Depending on the number of city participants on the tour, the city may wish to arrange for
the use of a city-owned and driven shuttle bus or van.)
2.3Code Concepts Paper. Based on feedback from the work session and tour, HDR will prepare a code
concepts paper offering recommendations for the overlay district’sorganization and content. The paper
will provide the following:
A presentation of development coding objectives drawn from the Plan;
A review of code development challenges;
A summary of existing code provisions that may be used or modified for use;
A report on potential development typesusing revised versions of the sketches prepared under
Task 2.1 above;and
Preliminary recommendations for new code provisions to guide development along the corridor.
The report will describe the basic structure of new code provisions for the corridorand include
necessary map information to be used during the preparation of the code.
Deliverables:Code Context Assessment Paper
Code Concepts Paper
Task 3. Code Concepts Review
3.1 Workshop with PPC Staff.HDR will work with staff to plan for and participate in a two-hour work
session with PPC staff to review the City’s plans for the code and how the overlay district will address
the “development design principles” identified by PPC as necessary components in order to have the
corridor and activity centers added tothe Countywide Future Land Use Map. HDR will also assist with
any discussion of issues related to the City’s ability to achieve the Plan’s identified densities and
intensities, as the PPC continues to develop the new Countywide Plan Rules, should that be necessary.
3.2 Code Stakeholder Workshops.HDR will conduct up to four,two-hour workshopswith key local
stakeholdersto review the Code Concepts Paper and solicit feedback on preliminary recommendations
for the code’s structure and contents. HDR will work with staff to identify participants. Staff will be
responsible for preparing invitations and announcements, arranging for meeting spaces, and scheduling
the sessions. HDR assumes the workshops will be held over a one-to two-day periodand scheduledto
minimize travel time for team members.
HDR will assist staff in identifying appropriate groups to engage in the outreach process, including:
Members of the real estate, architecture/design and development community;
Property and business owners within the corridor;
Economic development officials;
Adjacent neighborhood associations; and
Page 5of 7
Key city staff.
3.3 Staff Work Session. HDR’s project manager will meetwith staff following the workshops to review
feedback and establish direction for the code drafting process.
3.4 City Council Work Session. HDR’s project manager will prepare for and participate in a work session
with the City Council to review the Code Concepts Paper and report on feedback received during the
stakeholder workshops.
Deliverables:Agenda & Presentation Material for Code Workshops
PowerPoint Presentation for City Council Work Session
Task 4. Code Drafting & Finalization
4.1 Working DraftCode. HDR will prepare a working draft of corridor-specific code provisions for
review by staff. The code provisions, likely to take the form of an overlay district and set of design
standards, will be designed to regulate development alongthe US 19 corridor to ensure high-quality
public spaces defined by a variety of building types and uses including housing, retail, and office space,
as envisioned within the Framework Plan. Designed as an amendment to the Community Development
Code, the working draft will include text and/or illustrations addressingthe following:
District Standards. Standards for the design and use of buildings and sites addressing building
form and placement, land uses (encouraging employment-intensive and/or transit-supportive
uses and uses that provide activity throughout the day/evening), site improvements, parking
and service area placement and configuration, frontage conditions, connectivity, and transitions
to surrounding districts.
Public Realm Standards. General standards for the design of new streets, pedestrian and bike
ways, and public spaces addressing the size and proportions of public spaces (such as greens,
squares, and parks) and the location, scale, and general design of streets, streetscapes, trails,
and pathways.
Design Standards. Standards addressing building and site design features, includinglandscape
treatments, building design, pedestrianamenities, mechanical equipment, utilities, and the
treatment of uses such as drive-through facilities if such uses are included as a permitted use.
The new code provisionswill provide for transit-supportive densities, intensities, and configurations
called for in the Plan. Code provisions for the corridorwill be designed to address various scales of
projects, the potential for master planning and phasing of improvements, and larger-scale
redevelopment. The new code provisions will also be designed to satisfy requirements expected to be
adopted by the PPC for new Countywide Future Land Use Plan Map categories applicable to US 19:
Mobility Corridor and Activity Center.
The scope assumes staff will lead the process of defining land use controls for the code, including
identifying permitted uses and uses allowed by special approval or condition. The scope does not
include an analysis of or recommendations for changes in existing parking requirements (e.g. number of
Page 6of 7
spaces required per use), environmental protection standards, stormwater management and drainage
standards, or other requirements or standards not stated above. Low impact development strategies
may be included in the code provisions but will not be the focus on the coding effort.
4.2 Work Session with Staff. HDR’s project manager will meet with staff during the code drafting
process to reporton progress and get direction on specific elements of the code.
4.3 Code Illustrations. HDR will prepare up to three “before-the-code and after-the-code” sketches
illustratinghow code provisions will affect development along the corridor. To help stakeholders
understand the implication of the code, the sketches will show existing and potential future conditions
on hypothetical sites in each of the three areas shown on the Future Land Use Overlay Areas map in the
Plan. Building on the potential development typology sketches prepare under Task 2 above, the
sketches will show potential on areas of between five and ten acres and provide a similar level of detail
as the concept sketches in the Plan.
4.4Public Workshop. The HDR team will lead a two-hour Public Workshop to review the Working Draft
Code. HDR will work with staff to determine the best methods to share information, engage
participants, capture feedback, and spark discussion regarding the code development and refinement
process.HDR will workwith staff to identify an appropriate place and time for the workshop, define
effective outreach and communication strategies, and identify equipment and other needs for the
event. City staff will provide logistical support for the effort, including scheduling, space reservation,
arranging for equipment and refreshments, and preparing and distributing announcements.
4.5Work Session with Staff. HDR’s project manager will meet with staff following the public workshop
to report on progress and get direction on specific elements of the code.
4.6Public Hearing Draft Code. Based on direction from staff, HDR will revise the working draft of the
code and prepare a version for presentation.
4.7Code Adoption Work Session& Hearings. HDR will prepare for and attend a final City Council Work
Session to present findings and recommendations, as well as two required public hearings (i.e.,
Community Development Board and City Council).
4.8Code Finalization. Based on the actions of the Community Development Boardand City Council and
upon final direction of staff, HDR will prepare and deliver a final draft of the code.
Deliverables:Working DraftCode
Public Workshop Agenda and Presentation Material
PowerPoint Presentation for Code AdoptionHearings
Public Hearing Draft Code
Final Code
Page 7of 7
Project Team
Steven Schukraft will serve as project manager and principal. He will be the day-to-day point of contact
for staff, serve as the primary facilitator and presenter at meetings and workshops, and oversee the
production of deliverables. Primary urban design and planning support will be provided by Oliver
Kuehne, an experiencedurban designer who supported the team’s efforts on the US 19 Plan and City
Hall Site Study projects, and Stefanie McQueen, the lead planner on the US 19 Plan project.
ProjectSchedule
The following table provides preliminary time framesfor completion of each project task. Project
completion within this approximatelyten-month time frame will require careful coordination of efforts
byCity staff and the HDR Team and may require adjustment to accommodate changes in City and
stakeholder meeting schedules and other factors beyond the direct control of the consultants. As
indicated in Task 1.1 above, HDR will review these dates with staffduring the kick-off meeting and make
adjustment as required to meet the City’s goals for the project.
TASK
TIMEFRAME
CALENDAR DAYS
END DATES
ASSUMMING 09.01.13 START
Task 1.Project Initiation 30 October1, 2013
Task 2.Code Context Assessment & Preliminary Concepts 90 January 1, 2014
Task 3.Code Concepts Review 30 February 1, 2014
Task 4.Code Drafting & Finalization 150 July 1, 2014
Project Budget
The project budget, presented in the following table, summarizes projected project costs, including
labor and expenses, to complete tasks described in the scope of work. As noted in the scope of work,
the budget is based on an understandingthat staff will provide the following forms of assistance:
planning, communications, and logistics for meetings and public workshops;
coordination and communication with elected-officials and key stakeholders; and
printing and distribution of draft and final deliverables.
TASK PERSON HOURS FEE
Task 1.Project Initiation 30 $3,500
Task 2.Code Context Assessment & Preliminary Concepts 120 $18,500
Task 3.Code Concepts Review 56 $8,000
Task 4.Code Drafting & Finalization 400 $60,000
Totals 606 $90,000
Page 1of 3
US 19 Corridor Development Code—Additional Services
Scope of Work
07.08.14
Background
The City ofClearwater has retained HDR to draft Community Development Code provisions to
implement strategies contained in the US 19 Corridor Redevelopment Plan(“the Plan”)
approved by City Council on December 6, 2012. The project is designed to result in
development standards for the corridor to accomplishthe following strategies in the Plan:
Reinforce and improve regional and neighborhood shopping and employment
destinations;
Attract employment-intensive and transit-supportive land uses;
Create an interconnected network of streets and drives designed to disperse traffic,
reduce vehicle miles traveled, and provide for cross-parcel vehicular and pedestrian
connections and convenient routes for pedestrians and bicyclists;
Promote building and site designs that contribute to the creation of attractive
streetscapes, screen parking and service areas, maximize the potential for shared
parking, and incorporate low impact development (LID) and other sustainable
development strategies;
Encourage consolidation of ownership and coordinated planning; and
Promote master planning for larger sites that addresses the potential for multiple
phases of development, vertical and horizontal mixed uses, transit integration, and
structured parking.
Under the current agreement, the project is organized under 4 tasks and provides for HDR to
participate in a specific number of public meetings and staff work sessions, and produce a
limited number of drafts of the code for staff and public review. Total compensation for work
completed under the existing agreement is $90.000.
Project Status
HDR has completed Tasks 1-3 under the existing scope of work is currently underway on Task4.
Under Task 4, HDR has prepared an initial draft of the code for staff’s review, conducted a work
session with staff to review the draft, prepareda set of drawings illustrating permitted frontage
types, and discussed with staff strategies to ensure effective public and stakeholder
engagement.
In completing work under Tasks 1-3 HDR completed several tasks not directly called for under
the scope of work. These efforts were compensated for with adjustments in other work tasks
Page 2of 3
and have therefore not been identified as additional services. For example, HDR staff
participated in sixwork sessions with staffwhile the scope only called for three, but HDR staff
only had to lead one stakeholder work session and did not have to join staff in a meeting with
the PPC. HDR has submitted invoices to cover 100% of the fee for Tasks 1-3 and a percentage of
Task 4for work required to complete the initial draft code, prepare illustrations, and participate
in one work session with staff.
Additional Work
Based on discussions with staff regarding the anticipated code review and finalization process, it
is expected that HDR will need to performadditionaltasks not called for under the existing
agreement. Completing these tasks will provide a higher level of support to staff then is defined
under the existing scope as well as allow for a more intensive process of stakeholder
engagement.
A description of additional tasks HDR will complete under Task 4 is provided below:
Code Development Workshops (3). HDR will prepare for and participate in up to three
workshops with staff to review coding concepts explored during Tasks 2 and 3 and identify
refinements to coding strategies prior to the preparation of working drafts of the code. The
workshops will be 1-to 2-hour sessions with staff focused on key provisions of the code,
including development form and frontage, land uses, and other issues raised by staffincluding
the development of incentives, minimum densities and intensities, and development review
procedures.
Additional Work Sessions with Staff (3). Based on discussions with staff, it is anticipated that
HDR will need to participate in up to three additional 1-to 2-hour work sessions with staff to
review and refine code drafts. Participation will include preparation of material for review
during the sessions.
Key Stakeholder Work Sessions (2). HDR will prepare for and participate in up to two 1.5-hour
work sessions with a key stakeholder group. Staff will be responsible for preparing invitations
and announcements, arranging for meeting spaces, and schedulingthe sessions.
Working Drafts of Code (2). The current scope calls for HDR to prepare a public hearing draft
and a final draft of the code but not for preparation of working drafts of the code prior to the
Public Hearing draft. Based on discussions with staff, HDR will need to prepare upto two
complete working drafts of the code before the Public Hearing draft is prepared.
Page 3of 3
Budget
The budget for completing these additional services is $28,200 based on the breakdownof
hours and staffing presented in the following table.
ADDITIONAL SERVICES
Proj Mgr/
Sr.Planner Urban Designer Planner Total Hours
Code Development Workshops (3)12 24 0 36
Additional Work Sessions with Staff (3)16 32 0 48
Key Stakeholder Work Sessions (2)12 20 0 32
Working Drafts of Code (2)20 80 16 116
Total Hours 48 132 16 232
As noted in the current scope of work, the budget is based on an understandingthat staff will
provide the following forms of assistance:
planning, communications, and logistics for meetings and public workshops;
coordination and communication with elected-officials and key stakeholders; and
printing and distribution of draft and final deliverables.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-256
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Public Communications
Agenda Number: 7.12
SUBJECT/RECOMMENDATION:
Award a one-year contract to North Star Destination Strategies for a not to exceed amount of
$100,000 for community branding services and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
As part of the 2014 Strategic Planning process, a need was identified to Develop and Promote
Our Brand. Completing this task involves retaining an outside branding consultant to research
and develop a new community identity.
Clearwater has not had a consistent brand image in the past ten years and is now seeking to
cross-functionally market Clearwater to drive business, relocation, tourism and general
perception. The City currently has a fragmented perception and has different groups working
in different directions. The City seeks to work together to create a seamless image amongst
these organizations under one overall marketing plan. The final plan will also involve
coordinating with city-related groups including the Chambers of Commerce, Economic
Development, elected officials, staff and businesses.
The City’s brand is what people say about Clearwater. That impression is a combination of
emotional and intellectual reactions to all the different experiences, marketing communications
and behaviors people have encountered on behalf of Clearwater. Branding is the process the
City will embark upon to change, refine or improve what people say and think about
Clearwater.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the strategic direction action plan project 99860 to fund this project.
Page 1 City of Clearwater Printed on 8/7/2014
RFQ27-14 for Community Branding
I. Introduction
The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay
region. It is the third largest city in the region with an estimated population of 108,000
residents. In addition to annual residents the City of Clearwater is also a major tourist
destination. Recently Clearwater Beach was named “Florida’s Best Beach Town 2013” by
USA Today and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City
of Clearwater also is home to the Philadelphia Phillies Spring Training and Clearwater
Threshers Minor League Baseball and also hosts several events throughout the year that
attract visitors from across the country. Clearwater is also home for Winter the Dolphin and
the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the
motion picture “Dolphin Tale” which was filmed here in Clearwater. “Dolphin Tale 2” just
finished filming in Clearwater and is set to be released in the fall of 2014.
The City of Clearwater is in the process of creating a marketing plan and developing a
community brand. Clearwaterhas not had a consistent brand image in the past ten years
and is now seeking to cross-functionally market Clearwaterto drive business, relocation,
tourism and general perception. We currently have a fragmented perception and have
different groups working in different directions. We seek to work together to create a
seamless image amongst these organizations under one overall “umbrella” marketing plan.
The City’s Public Communications Director will manage this process and the plans and
implementation going forward. She will coordinatewith other city groups including the
Chambersof Commerce, Economic Development,elected officials, staff and businesses.
Our brand is what people say about uswhen we’re not around. That impression is a
combination of emotional and intellectual reactions to all the different experiences,
marketing communications and behaviors people have encountered onbehalfof
Clearwater. Branding is the process we will embarkupon to change, refine or improve what
people sayand thinkabout us.
The City of Clearwater is soliciting consultants to assist the City in preparing a
comprehensive branding initiative and a full marketing plan and is in need of a qualified
consulting firm with experience in solid market research (both qualitative and quantitative),
strategic planning, corporate identity/branding –including logo development and graphic
standards, creative, collateral, interactive marketing, promotions and recommendations for
implementation and tracking results.
II. RFQGoals and Respondent Scopeof Work
In total, the selected firm will:
Conduct qualitative and quantitative research to determine how Clearwater, Fla. is
perceived by stakeholders, residents, site selectors, businesses, visitors and
prospective consumers.
Evaluate the environment, competitive situation, community attitudes, current
communications, and perceptions of target audiences and their influencers.
Develop strategic positioning based on research to be used as a touch point for all
marketing activities in the community moving forward.
Develop messaging for community’s target markets.
Develop a creative “look” to bring the strategic position to life. Recommend the
specific necessary elements to deliver that message including logo design, print
collateral, print advertising, digital media including website design, publicrelations,
events, etc.
Develop strategies and tactical plans to position the messaging statements based on
qualitative research and analysis of quantitative data.
Define how the core message can be expanded to existing economic development
and visitor initiatives as well as broader regional partners and assets.
Work within dictated time constraints and budget.
III. Cost
Theallotted budget for this project is not to exceed $100,000.
IV. Proposal Details
A) Request for Qualifications(RFQ) Release date: March 7, 2014
B) RFQOpening:Friday, April 7, 2014 at 4 p.m. at 100 S. Myrtle Ave., Clearwater, FL
33756
C) Evaluating Committee Review: April 18, 2014
D) Candidate presentations/interviews with Evaluating Committee (if deemed necessary):
late April.
E) Evaluating Committee recommendation of finalists:April 25, 2014
F) Negotiate agreement: May2014
G) City Council approval (Agenda Item): June2014
H) Commencement of Services: June2014
I) Contract Fulfillment: 12 months
J) New Image Roll-out: June2015
V. Vendor Questions and Qualifications
Response to this RFQ will require the consultant to provide sufficient information to
determine that the consultant qualifies for performing such a project, including the following:
A. Company legal name, any parent companies, and a list of ownership structure.
B. Company details and contact information including:
1) Mailing address (head office)
2) Additional office locations
3) Main telephone / fax numbers and email addresses
4) Primary contact for our account (name/title/phone/email)
5) Resumes of all personnel assigned to this project
6) Total number of employees and also include total number of employees that
would work on our account.
C) Three references for community branding clients: company name, primary client name,
contact details, and services provided.
D) List any potential conflicts with existing clients and this RFQ.
E)Examples of similar projects (completed within last 3 years).
F) Timeline needed for implementation of each recommended phase of the project.
VI. Selection Criteria
The following criteria will be used to evaluate the qualifications of consultants:
1. Capability to perform the required services for the project. 20%
2. Recent experience in similar projects and proven success. 25%
3. Reputation, personal and professional integrity, andcompetency of firm. 15%
4. Demonstrated flexibility of the firm. 5%
5. Professional background, availability, and caliber of keypersonnel to be assigned to this
project. 5%
6.Indication of current workload of key personnel to beassigned to this project. 5%
7. Capability to meet schedules or deadlines. 10%
8. Willingness to set fees on a project basis, versus aper-hour basis; competitive fee
schedule. 15%
VII. Proposal Submission
Proposals shall be delivered to the City Purchasing Manager, City of Clearwater, 100 South
Myrtle Avenue, Clearwater, FL 33756, prior to the opening time of Friday, April7th, 2014.
Delivery of proposals to the City of Clearwater’s Purchasing Officeprior to the specified
date and time is solely and strictly the responsibility of the Respondents. The City shall not,
under any circumstances, be responsible for delays caused by the United States Postal
Service or any private delivery service, or for delays caused by any other occurrence. All
responses must be manually and duly signed by an authorized corporate officer, principal,
or partner with the authority to bind said Respondent. All responses must be marked on the
outside:
“Request to Qualifications to Provide Community Wide Branding”
RFQ 27-14 To the City of Clearwater:
To be opened beginning at 4:00 p.m. E.S.T. April 7th 2014.”
The Respondent is solely responsible for reading and completely understanding the
requirements of his RFQ. The opening time shall be and must be scrupulously observed.
Under no circumstances will qualification delivered after the specified delivery time be
considered. Late submissions shall be returned unopened to the Respondent with the
notation, “The qualifications were received after the delivery time designated for receipt and
opening of the proposals.”
The Respondent shall submit six (6) copies of their proposals in their entirety along with an
electronic version sent to michael.murray@myclearwater.com
All proposals shall be prepared and submitted in accordance with the provisions of this
RFQ. However, the City may waive informalities, irregularities, or variances, whether
technical or substantial in nature or reject any and all qualifications at its discretion. Any
proposal may be withdrawn prior to the indicated time for opening of proposals or
authorized postponement thereof. No Respondent may withdraw proposals within ninety
(90) days after the actual date of the proposal’s opening.
VIII. Inquiriesand Addenda
Each Respondent shall examine the RFQdocument and shall judge all matters
relating to the adequacy and accuracy of this document. Any inquiries, suggestions, or
requests concerning interpretation, clarification, or additional information pertaining to the
RFQshall be made in writing through the City of Clearwater’s Purchasing Department, care
of Mike Murray at 100 S Myrtle Ave, Clearwater, FL 33756 727-562-4633 or FAX 727/562-
4535 or email Michael.murray@myclearwater.com. The City shall notbe responsible for
oral interpretations given by any City employee, representative, or others. The issuance of a
written addendum is the only official method whereby interpretation, clarification, or
additional information can be given. If any addenda areissued to this RFQ, the City will
attempt to notify all prospective Respondents who have secured same. However, it shall be
the responsibility of each Respondent, prior to submitting the proposal, to contact the City of
Clearwater’s Purchasing Manager (727/562-4634) to determine if addenda were issued and
to make such addenda a part of the proposal.
IX. Responder Preparation Expenses
Each responder preparing a proposal in response to this request shall bear all expenses
associated with their preparation. Responders shall prepare a response with the
understanding that no claims for reimbursement shall be submitted to the City for the
expense of preparation or presentation.
X. Right to Protest
Any actual or prospective bidder who is aggrieved in connection with the solicitation or
award of a contract may seek resolution of his/her complaints by contacting the Purchasing
Manager.
XI. No Corrections
Once competitive proposal is submitted, the City shall not accept any request by any
proposer to correct errors or omissions in any calculations or competitive price submitted.
XII. Openness of Procurement Process
Written competitive proposals, other submissions, correspondence, and all records made
thereof, as well as negotiations conducted pursuant to this RFQ, 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 any proposal once submitted.
XIII. No Collussion
By offering a submission to the RFQ, the proposer certifies the proposer has not divulged
to, discussed or compared his/her competitive proposal with other proposers and has not
colluded with any other proposers or parties to this competitive proposal whatsoever.
XIV. Informality Waiver/Rejection of Proposals
The City reserves the right to reject any or all responses and to waive any irregularity,
variance or informality whether technical or substantial in nature, in keeping with the best
interest of the City.
XV. Appropriations Clause
The City, as an entity of government, is subject to the appropriation of funds by the City
Council 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 shall remain in effect. Upon notice that sufficient funds are not
available in the subsequent fiscal years, the City shall thereafter be released of all terms
and other conditions.
XVIPUBLIC INFORMATION
The successful bidder/contractor will be required to comply with Section 119.0701, Florida
Statues (2013), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that
the City of Clearwater would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of
Clearwater all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must
be provided to the public agency in a format that is compatible with the information
technology systems of the City of Clearwater.
XVIIPUBLIC 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.
XVI. Evaluation Criteria & Ranking Process
A.Evaluation of the proposals shall be accomplished using the criteria described above.
Information and data included in the response shall be considered in the evaluation
process.
B. References may be contacted regarding the satisfaction of services rendered by the
Respondent. References will be evaluated based on overall quality of work and successful
experience.
C. Negotiations
Following the ranking of the proposals, the Committee shall designate the top ranked
Respondent and enter into negotiations. The Committee shall notify the Respondent in
writing. Negotiations shall begin immediately with the Respondent selected. If negotiations
are successful, the Committee shall recommend the favorable Respondent to the City
Council. Thereafter, the City Council may issue a notice of intent to enter into an agreement
with the Respondent by certified mail. If the negotiations are unsuccessful, the Committee
shall begin negotiations with the second ranked Respondent. The Committee reserves the
right to terminate negotiations at any time, with or without cause. The Evaluation &
Negotiation Committee reserves the right to negotiate whatever schedule is convenient to it
and which is in the best interest of the City.
D. Insurance, Safety & Contract Requirements
Thesuccessful bidder will procure and maintain, at bidder’s expense, insurance coverage
as contained in Exhibit A attached hereto and made a part hereof as if fully set forth
herein, and will also comply with all supplemental provisions regarding insurance,
indemnification, safety, etc. contained therein.
EXHIBIT “A”
CITYOF CLEARWATER
INSURANCE REQUIREMENTS
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 of 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 noless coverage and with reinstated aggregate limits, or by requiring
that nay 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 connectionwith 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 maybe 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 names 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
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: Public Communications 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 changed or reduction in coverage. Respondent’s
insurance as outlined above shall be primary and non-contributory coverage for
Respondent’s negligence.
4.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 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.
Page 1 of 6
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, entered into this Nineteenth day of June, 2014, by and
between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter
referred to as “City,” P.O. Box 4748, Clearwater, Florida 33758 and North Star
Destination Strategies, Inc., a C corporation, hereinafter referred to as “North Star,” 209
Danyacrest Drive, Nashville, TN 37214.
WHEREAS, the City requested professional services through Request for
Proposals #27-14 seeking assistance from an experienced branding, marketing and
public relations firm to develop a new community brand as a result of comprehensive
research on Clearwater, Florida with an ultimate goal to redefine Clearwater as a
community and tourist destination; and
WHEREAS, North Star agrees, pursuant to the Scope of Work as contained in
Exhibit “A” attached hereto, to conduct research, brand print definition, logo design,
consultant services, and marketing activities;
NOW THEREFORE, in consideration of the promises stated herein, the City and
North Star mutually agree as follows:
1. SCOPE OF PROJECT.
North Star agrees to provide professional services under the terms and
conditions described in attached Exhibit “A.”
2. TIME OF PERFORMANCE.
The term of this Agreement shall be for a period of one (1) years (“Initial Term”)
commencing on July 1, 2014 (“Commencement Date”) and continuing through June 30,
2015 (“Termination Date”) unless earlier terminated under the terms of this agreement.
This Agreement may be extended for one (1) year under the same terms and conditions
by the mutual written agreement of both parties. In consideration of City entering into
this Agreement with North Star, North Star covenants with City that North Star shall
unequivocably, timely and without reservation, comply with the terms and conditions
Page 2 of 6
and meet service level requirements as set out in EXHIBIT “A”. North Star’s failure to
timely comply with any of the obligations hereunder during the term of this Agreement
shall be deemed a material default resulting in termination of this Agreement.
3. COMPENSATION.
The City will pay North Star a sum of up to $100,000 for implementation and
administration of the Scope of W ork (as described in Exhibit A). Total compensation will
not exceed $100,000 per fiscal year. Payment schedule is described in Exhibit B. The
City may, from time to time, require changes in the scope of work of North Star to be
performed hereunder. Such changes, including any increase or decrease in the amount
of North Star’s compensation and changes in the terms of this Contract which are
mutually agreed upon by and between City and North Star shall be effective when
incorporated in written amendment to this Contract.
4. METHOD OF PAYMENT.
North Star’s invoices shall be submitted to the City for approval for payment in 8
monthly installments of $12,500 each according to “Exhibit B”. The City agrees to pay
after approval under the terms of the Florida Prompt Payment Act F.S. 218.70.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this Contract
shall be conclusively deemed to have been received by a party hereto on the date it is
hand delivered to such party at the address indicated below (or at such other address
as such party shall specify to the other party in writing), or if sent by registered or
certified mail (postage prepaid) on the fifth (5th) business day after the day on which
such notice is mailed and properly addressed.
Page 3 of 6
North Star Destination Strategies, Inc City of Clearwater
Don McEachern Joelle Castelli
President & CEO Public Communications Director
209 Danyacrest Drive, P.O. Box 4748
Nashville, TN 37214 Clearwater, Florida 33758
(615) 232-2103 x 26 (727) 562-4881
6. TERMINATION OF CONTRACT.
The City at its sole discretion may terminate this Contract by giving North Star a
ten (10) day written notice of its election to do so and by specifying the effective date of
such termination. North Star shall be paid for its services through the effective date of
such termination. Further, if North Star shall fail to fulfill any of its obligations hereunder,
this Contract shall be in default, the City may terminate the Contract, and North Star
shall be paid only for work completed.
7. INDEMNIFICATION AND INSURANCE.
North Star, at its own expense, shall procure and maintain the following
insurance:
A. Commercial General Liability Insurance on an “occurrence” basis in an
amount not less than $1,000,000 combined single-limit Bodily Injury
Liability and Property Damage Liability, with media exclusions removed.
The City of Clearwater shall be an additional insured on this policy.
B. Workers’ Compensation Insurance applicable to its employees for
statutory coverage limits, and Employers’ Liability with a $500,000 limit,
which meets all applicable state and federal laws.
The parties recognize that North Star is an independent contractor. North Star
agrees to indemnify and hold harmless the City of, from, and against all liability and
expense, including reasonable attorney's fees, in connection with any and all claims
Page 4 of 6
whatsoever for personal injuries or property damage caused by the negligent or
deliberate act or omission of North Star, its agents, officers, subcontractors, employees,
and independent contractors.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, North Star shall transfer, assign and make
available to City or its representatives all property and materials in North Star’s
possession belonging to or paid for by the City.
9. STOCK PHOTOGRAPHY & TRADEMARKING
Upon termination of this Agreement, North Star shall transfer, assign and make
available to the Client, or its representatives, all property and materials in its possession
or control belonging to the Client and paid for by the Client. In the event that the
material, which is the subject of this Agreement, is copyrightable subject matter, North
Star and Client agree that for the purposes of this order the material shall be a work
made for hire and the property of the Client. In the event that the material which is the
subject of this Agreement is not copyrightable subject matter, or for any reason is
determined not to be a work made for hire, then and in such event North Star hereby
assigns all right, title and interest to said material to Client for the fees specified herein.
Concepts, logos and straplines not selected by the Client remain the intellectual
property of North Star.
This Agreement may be modified only upon the written and mutual consent of
both parties. This Agreement and the documents referenced herein embody the entire
Agreement of the parties. This Agreement shall supersede all previous
communications, representations or agreements, either verbal or written, between the
parties. This procurement is being conducted on behalf of and may be used by other
public bodies, agencies, institutions and localities of the several states, territories of the
United States and the District of Columbia with the consent of the Contractor.
Page 5 of 6
Stock photography used for the demonstration of creative concepts is not to be
reproduced or published in any way without first negotiating usage rights with the
appropriate stock image provider.
To ensure that the recommended strapline (tagline) is available for use and
capable of being trademarked, North Star will conduct a trademark registration search
with the United States Patent and Trademark Office via their web site:
http://www.uspto.gov/main/trademarks.htm. North Star will report any records found relating
to the strapline. The pursuit of an official, legally-binding trademark is the responsibility
of the Client.
10. INTERESTS OF PARTIES.
North Star covenants that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance and/or provision of services required under the
terms and conditions of this Contract.
11. CONFORMANCE WITH LAWS.
North Star agrees to comply with all applicable federal, state and local laws
during the life of this Contract.
12. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through attorneys at
law, then the parties agree that each party shall bear its own attorney fees and costs.
13. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of
the date set forth above.
CITY OF CLEARWATER, FLORIDA
Countersigned:
_______________________ By: ________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
_______________________ ____________________________
Pam Akin Rosemarie Call
City Attorney City Clerk
North Star Destination Strategies
Attest:
__________________________ By: ________________________
Print Name: ________________ Don McEachern
President & CEO
5CLEARWATER BRANDPRINT
SCOPE OF WORK
1. EDUCATION AND BUY-IN
Helping stakeholders understand branding
One of the most valuable skills North Star brings to the branding table is an
understanding of how best to navigate the political waters that surround such a project.
This “intangible” benefit is strictly a result of experience. We know when projects can
derail, how to maneuver difficult political situations and who to include in the process.
With this in mind we have developed strategies for sidestepping potential problems and
keeping your branding initiative on course.
North Star also provides tactics for the use of a brand as a pivotal rallying point to help
forge win-win partnerships between the public and private sector. Such partnerships can
help fund the brand initially and eventually fund its integration into the community. In
addition, working toward the common goal of the brand inspires non-siloed teamwork
within the public sector that results in more effective use of limited resources.
Early understanding is also critical to the smooth implementation of a community
brand. Educating your citizens, businesses and stakeholders on the purpose, process and
possibility of a brand early is the first step in achieving buy-in from these important
audiences. North Star has created an array of educational tools designed to elicit
understanding of and support for the Clearwater branding initiative.
Educational Presentation: Live PowerPoint presentation (during the in-market trip) to private and public
sector stakeholder groups (determined and assembled by client) for purposes of educating and furthering buy-in
of community branding.
Press Release: General discussion on what a brand is and does. Highlight need for the public’s help during
the process.
Educational PowerPoint: Community branding PowerPoint presentation given to client for use in making
additional presentations, for distribution to interested parties or for placement on community websites.
Educational Brochure: For distribution to general public if needed:
• North Star will work with Clearwater to write and lay out the brochure to the point of a print-ready file.
• Clearwater is responsible for providing information for customized writing and printing.
6CLEARWATER BRANDPRINT
SCOPE OF WORK
2. RESEARCH AND PLANNING
What are current brand perceptions?
This stage addresses the current positioning of the community; in other words, how
Clearwater is perceived by visitors, stakeholders, residents, businesses and prospective
visitors. We evaluate the environment, the competitive situation, community attitudes,
current communications and perceptions of target audiences and their influencers.
North Star strongly advocates a mixed method approach to research where quantitative
studies tell you “What” and qualitative studies tell you “Why”. Only through mixed
methodology can your destination obtain a true picture of where your brand is now, why,
where it should be and how that preferred identity can best be accomplished.
COMMUNITY
Situation Analysis: Questionnaire and meeting with stakeholder groups to understand your primary
objectives, general history, political landscape, resources, competitors, etc.
Research and Planning Audit: Comprehensive review of research and planning documents.
Communication and Media Audit: Review of existing marketing materials from public and private sector
stakeholders as well as recent press related to Clearwater.
Familiarization Tour: Tour of commercial sites, business and technology parks, housing developments,
downtown, retailers, restaurants, outdoor recreation areas, parks, the arts, etc.
Key Stakeholder Interviews (20): One-on-one interviews with key stakeholders to gather perceptions.
Stakeholder Focus Group (2): An in-depth group discussion with the individuals responsible for driving
the branding initiative.
Vision Survey (200 Distributed): An open-ended questionnaire distributed to the community
leaders of Clearwater.
Online Community Survey (Unlimited Respondents): A quantitative version of the Vision Survey posted
online for community-wide participation and promoted using social media.
Brand Barometer: A tool to measure the strength of Clearwater’s reputation relative to the rest of the
United States as a place to live, work and play.
Undercover Interviews (15-20): Informal discussions with residents, local merchants and visitors.
Tapestry® Resident vs. Consumer Profile: A detailed market segmentation report created with ESRI’s
Arcview, Tapestry and Business Analyst software - including U.S. Census Bureau data and consumer buying
behavior data from mediamark Research Intelligence (mRI).
• Who Report: Resident socio-economic classifications.
• What Report: Profile of resident lifestyle habits such as media usage, travel behavior, household
buying preferences, recreational interests, civic involvement, dining choices, retail preferences and
lodging tendencies.
7CLEARWATER BRANDPRINT
SCOPE OF WORK
CONSUMERS
Consumer Mapping: Origin information from existing databases (inquiries, lodging properties, attractions, etc.)
Online Brand Monitoring: Review of your online reputation that measures quantity and quality of Clearwater’s
online ‘‘mentions’’ , plus the current topics of discussion and keywords surrounding Clearwater. Will be used to
guide brand action for purposes of online marketing strategy suggestion and product development.
Top Business Prospects: A proprietary program that identifies a list of top business prospects using the
combination of a psychographic workforce profile and current successful industries in Clearwater. It then
determines complementary businesses within a predetermined mile radius. This data will also be applied
nationwide to cities that have a similar population size and workforce to pinpoint areas of opportunity for
Clearwater. Will be used to guide brand action for purposes of economic development.
Tapestry® Consumer Profile: Detailed psychographic report describing consumers to Clearwater using
merchant, visitor records or a regional profile.
• Who Report: Consumer demographic and socio-economic classifications; this report also compares your
consumers to the profiles of your community. In other words, are your residents like or unlike your visitors?
• What Report: Profile of consumer lifestyle and media habits such as media usage, household buying
preferences, recreational interests, civic involvement, dining choices, retail preferences, lodging tendencies,
travel behavior and more.
• Where Report: Grid showing relative comparisons of feeder markets based on the highest concentration of
core consumers.
Qualitative Perception Study (20-30): Telephone interviews to gather insights from influencers to include, but
not limited to: economic development prospects, site selectors, relocation executives, meeting planners, group tour
operators and regional and state-level economic development and tourism executives.
Quantitative Perception Study (200+ Completes): Survey conducted using a statistically significant random
sampling of consumers and non-consumers in outside markets. Data will be cross-tabulated in a number of ways
to reveal the most insightful patterns between consumer and non-consumer groups. For instance, perceptions
and attitudes for those who have visited Clearwater will be compared and contrasted to those who have not
visited and are reporting perceptions purely on reputation.
Consumer and Non-Consumer Awareness and Perception Study: Survey conducted using a random sampling
of consumers; specifically, the survey measures:
o Overall awareness and perceptions of Clearwater.
o Overall awareness and perceptions of the competition.
o Consumer visitation patterns to Clearwater.
o Attitudes regarding Clearwater’s strengths and weaknesses.
o Consumer opinions regarding what needs to be added or taken away.
o Changes in consumer perceptions of Clearwater after visiting.
o Patterns of visitation activities associated with consumer’s primary purpose of visitation.
8CLEARWATER BRANDPRINT
SCOPE OF WORK
COMPETITION
Competitive Positioning Review: A brand message assessment to evaluate Clearwater’s position relative to
the competition.
Competitive Perception Review: During every phase and study of the research process we look for
opportunities to learn more about Clearwater’s top competitors, including internal and external awareness
and perceptions of their strengths and weaknesses. All findings are combined in a competitive review
that paints a succinct picture of the competition. Specifically, the vision survey, online community survey,
quantitative perception study, focus groups, stakeholder interviews, undercover interviews and the qualitative
perception study inform the competitive perception review. Should time allow, North Star will also include a
site visit to nearby competitors.
9CLEARWATER BRANDPRINT
SCOPE OF WORK
3. INSIGHTS
Where is the heart of your brand?
The goals for this initiative may involve a number of elements: cohesive community
identity and consistent marketing efforts, collective community conscience, uncovering
community uniqueness, developing a community presentation to economic development
prospects, highest use of available resources, resident recruitment/retention and gross
receipts. Branding influences these goals by influencing expectations and affecting
attitudes, thus affecting behavior and usage. The most successful brands establish an
emotional – not simply an intellectual – connection. Our insights come from asking a
number of thought-provoking questions: What brand ‘‘story’’ does the research tell? What
emotional attachments can the brand hold? What are Clearwater’s core values? How
does the brand fit into the consumer’s lifestyle? How can the brand best be used to elicit
Clearwater’s desired emotional/behavioral responses? How can this brand strategy extend
to all Clearwater’s partner organizations? It is from these insights that we determine the
overall positioning of the brand.
These insight questions are compiled in a succinct storyline that leads directly to
Clearwater’s strategic brand platform (positioning statement). This platform is the critical
touch point for all branded activity moving forward. For maximum brand impact, all
efforts, thoughts, communications and actions should literally and symbolically support
its essence.
Situation Brief: Review of all research findings.
Blue Sky Meeting: Internal session for developing insights based on significant
research patterns and findings.
“Understanding and Insights” Presentation: Comprehensive review of all
relevant research and recommended strategic direction.
Brand Platform Statement Development: The guiding statement for the
management and development of your brand including:
Target audience: Consumers for whom community has the most appeal.
Frame of reference: Geographic context of the community.
Point of difference: What makes your community special.
Benefit: Why it should matter to the consumer.
NOTE: Here we conduct a meeting to present all of the research findings as well as our
recommended brand positioning based on those findings. Brand Platform approval is required
before proceeding.
10CLEARWATER BRANDPRINT
SCOPE OF WORK
4. CREATIVITY
How should your brand look, feel and sound?
In this stage, all the data and high-level strategies are transformed into tangible creative
products that embody your brand. Straplines and logos (with graphic standards) are
created. Foundation creative recommendations and looks are created, including targeted
marketing messages and advertising, digital design and content recommendations (web
portal, social media), collateral materials, stationery and a color palette. Additional
deliverables may also be developed, including environmental applications, signage,
promotional items, economic development prospecting packages and more.
Written Creative Concepts: North Star will provide three different written concepts for
bringing your brand platform to life creatively. Also included is a round of revisions to the
selected concept.
Logos & Graphic Identity Looks: At least five different logo options and two distinct looks
with a round of revisions to the selected option. This collaborative process results in a unique
and memorable visual identity for your brand. In a word, how will your community’s brand
look?
Note: There is critical collaboration that takes place at this point with a small select group of
marketing stakeholders to address the written creative concepts and the development of the
foundational graphic identity. North Star then provides solutions for the remainder of the
creative work based on that agreed-upon direction.
Brand Narrative: Takes the foundation of the written concept and breathes life into it through
an artistic interpretation of language. Its purpose is to help residents, businesses, influencers and
consumers connect and embrace the emotional story of the brand to their own lives. It contains
inspiring language meant to describe Clearwater’s assets as they relate to your new brand and
to garner excitement among brand drivers, brand partners and regional stakeholders. Sub-
narratives for economic development and visitor initiatives will also be provided.
Custom Deliverables: Using the new creative direction, North Star will assist the client in
identifying a list of custom deliverables that target your specific goals. Typically those ideas
might include:
Graphic standards guide
Strapline development
Color palette
Stationery design
PowerPoint slide design
E-newsletter template
Collateral design
Sample advertisements
Brand vocabulary
Infrastructure design
Website design application
Mobile website and app design
Social media design application
Signage design
Wayfinding design
Merchandising
11CLEARWATER BRANDPRINT
SCOPE OF WORK
5. ACTION
How should your brand be integrated?
In this stage, North Star develops a must-do strategic action and communications plan
for the first 6 to 36 months following your brand’s development. This plan comprises 15
fundamental action steps that ensure the brand gains traction and maintains momentum.
many of these tasks involve setting up the organization and cooperation that will propel
your brand forward. Our goal - and yours - is to make sure that the Clearwater brand is
the guiding principle for your future, not just a logo and line on your letterhead.
As part of this top 15 action plan, we will craft a selection of high-impact custom action
ideas designed to raise the profile of your brand and put it to work in every corner of your
community. Custom ideas generally fall into the following categories:
• Policy (laws or measures that support the brand strategy.)
• Sports (tournaments, events, youth sports, etc.)
• Environmental Applications (look at your community as if it were a canvas)
• Purpose Initiatives (charities, sponsorships, etc.)
• Festivals (repackage existing events/festivals or develop new ones that connect to
your brand strategy.)
• Arts (public art campaigns, partnerships with art organizations, art contests with
visitors, residents, students, artists in residence programs.)
• Private Sector (ideas and tools to engage businesses and other private sector
organizations.)
• Exports (goods that are manufactured, grown or packaged in your community
for export; even a famous person or idea from your community can be considered
an export.)
• Awards (civic awards, organizational awards, etc.)
• Education (programs in schools, small business/entrepreneur mentoring,
education for front-line hospitality staff, etc.)
• Sustainability (residential green initiatives, tax incentives for green industries, etc.)
• Health (community health programs, school-based health initiatives, business-
based health initiatives, hospital and health care agency partnerships.)
• Economic Development (marketing, communications, training, outreach,
resources, etc. . . all specifically related to economic development.)
• Tourism (marketing, communications, training, products, packaging, merchandise,
etc . . . all specifically related to tourism.)
• Events (any organized activity that ties back to the brand ranging in scope from
festivals to health fairs to career counseling to community clean-up days.)
• Incentives (tax incentives for businesses, entrepreneurs, art organizations, etc. that
are in line with the brand strategy.)
• Master Planning (design and development of infrastructure and support systems
that correlate with the brand strategy.)
12CLEARWATER BRANDPRINT
SCOPE OF WORK
6. EVALUATION
How the brand is performing
Evaluation yields new information, which may lead to the beginning of a new planning
cycle. Information can be gathered from concept pre-testing, campaign impact in the
marketplace and tracking studies to measure a brand’s performance over time. Ideally,
two basic questions will be answered: have responses to the brand among target audiences
changed in the way the BrandPrint intended? And have these changes resulted in action
that will achieve the desired objectives of the brand?
No single measure of success works for something as complicated as a community brand.
As such, every research study in this plan is designed to produce benchmarks and results
that can be used for comparison with future studies in areas of advocacy, return on
investment, perceptions of the existing Clearwater brand and attitudes regarding how well
Clearwater performs as a place to live, visit, do business and attract a talented workforce.
Additionally, our 13 years of branding experience have shown that true success can be seen
in the spread of excitement, inspiration and innovation among your stakeholders around
the brand. This is a ‘‘soft measurement’’ but it is vitally important.
North Star builds hours into our BrandPrint process for mentoring with our clients. We
also provide a 12-month follow up. However, we do not limit communication to this
instance. Your success is our success, and everyone at North Star - from the president and
CEO to the office manager to our research assistants - takes the success of our clients
personally. Toward that end, we are always available to answer questions and help with
problems. In short, we have maintained an ongoing personal and business relationship
with most of our clients, some for more than a decade.
12- month Check Up.
Recommended measures of Accountability:
Online Brand Perception.
Qualitative Perception Study.
Quantitative Perception Study.
Brand Barometer.
Use of the Brand Narrative in the private sector.
NOTE: Here, we conduct a final presentation that delivers the creative product, the brand
action ideas and recommended measures of accountability. A final report is produced that delivers
these items as well as the research findings, insights and strategic brand platform.
Exhibit B
Payment Schedule
In consideration of the obligations undertaken by North Star, the City of Clearwater
shall pay North Star the sum of US $100,000 (one hundred thousand US Dollars) in
7 monthly payments: July, 2014 through January 2015 and one final payment of
$12,500 being paid upon completion of the entire scope of work.
North Star shall invoice the City of Clearwater on the first day of every month, to be
due by the 15th of the month on the 7 months specified above. Upon completion of
the project, North Star shall invoice the city for the final payment of $12,500.
Additional expenses incurred on behalf of the City of Clearwater shall all be at the
expense of North Star.
From:Castelli, Joelle Wiley
To:Call, Rosemarie
Subject:FW: North Star and EFI
Date:Wednesday, July 23, 2014 2:34:47 PM
Follow up from last week’s Council meeting is below. I will forward the correspondence when I
receive it from Enterprise Florida. Thanks.
From: Don McEachern [mailto:don@northstarideas.com]
Sent: Wednesday, July 23, 2014 1:27 PM
To: Castelli, Joelle Wiley
Subject: North Star and EFI
Joelle,
Thank you for the opportunity to respond to the concern expressed during the council meeting of
July 17, 2014 regarding North Star’s work with Enterprise Florida. You should receive
correspondence soon from Melissa Medley, Chief Marketing Officer and Senior Vice President of
EFI, regarding the specifics of our work for EFI. In short, we conducted the research, strategy
development, and implementation recommendations for the Florida business brand. Logo
development, and design work for the effort was created by a local firm, On Ideas, out of
Jacksonville.
I also want to assure council that our creative process is collaborative. Many options are provided,
explored and vetted before the graphic identity work would ever go to them for approval or go
public. Creative work is subjective and the same passion that makes community branding powerful
also means that people will express their opinions both positive and negative about any logo. But
the process works to eliminate any surprises for council and ultimately puts that passion to work
for Clearwater.
Please let me know when you hear from Enterprise Florida and if we can be of further assistance in
this matter.
Don
Don McEachern
President & CEO
209 Danyacrest Drive | Nashville, TN 37214
615.232.2103 x 26 - p
615.943.9450- m
615.523.1146 - f
don@northstarideas.com
www.northstarideas.com
From:Melissa Medley [mailto:mmedley@eflorida.com]
Sent:Thursday, July 31, 2014 6:50 PM
To:Castelli, Joelle Wiley
Cc:Molly Pflanz; KWilmes@eflorida.com
Subject:Letter of Recommendation -North Star Destination Strategies
Ms. Joelle Castelli
Director of Public Communications
City of Clearwater
PO Box 4748
Clearwater, FL33758-4748
Dear Ms. Castelli,
In 2012, North Star Destination Strategies conducted extensive research on behalf of Enterprise Florida,
Inc. (EFI), the lead economic development organization for the state of Florida.EFI is a public-private
partnership focused on expanding and diversifying Florida’s economy through job creation. We selected
North Star for its proven track record and razor sharp strategic thinking.
Florida is well known for its beaches and sunshine; it has the best tourism brand around. However, many
are unaware that Florida has an earned reputation of being a business superstate –and this compelling
story was neither being told or heard.EFI contracted with North Star for branding research and strategy
development to ensure that as we sought to better tell the state’s business story, our efforts would be
based on sound research and strategy.
Subsequent creative design work, logo development, and implementation of the promotional campaign
were awarded to On Ideas, a talented Jacksonville, Florida creative firm.
North Star conducted extensive research for us within Florida as well as nationally and internationally
and reached our target audiences of business executives and site location consultants, as well as
economic development, higher education and community leaders. As we embarked on uncovering
Florida’s business brand, we found North Star’s methodology to be very effective, their insight
extremely invaluable and their presentation of the final results to be powerful and sharp.We were very
pleased with their work and have used their findings and recommendations as the foundation for our
Perfect Business Climate campaign and further marketing efforts. We highly recommend the North Star
team for any community’s branding efforts.
Please let me know if there are any questions I can answer for you.We wish you great luckwith your
branding effort and congratulate you on selecting North Star.Their understanding of all of the unique
areas in our great state will enhance your project and its result.
Sincerely,
Melissa Medley
Melissa Medley, Chief Marketing Officer
Enterprise Florida, Inc.
101 North Monroe Street, Suite 1000•Tallahassee, FL 32301•(850) 298-6654
800 North Magnolia Ave., Suite 1100•Orlando, FL 32803•(407) 956-5604
Cell (850) 509-4844
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-298
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 7.13
SUBJECT/RECOMMENDATION:
Appoint Candace Hays to the Sisters Cities Advisory Board as the Clearwater Sister Cities,
Inc. representative to fill the remainder of the unexpired term, which expires on July 31, 2015.
(consent)
SUMMARY:
APPOINTMENT WORKSHEET
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6
CHAIRPERSON: Sallie Parks
MEETING DATES: Quarterly
PLACE: Long Center
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local
business community, the School Board’s World Language Coordinator or designee, and the
Clearwater Arts Alliance shall not be required to reside within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER RESIGNED FROM THIS BOARD AS THE
CLEARWATER SISTER CITIES, INC. REPRESENTATIVE AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
1. Daryl W. Schuster - 2030 Sandpiper Drive, Palm Harbor, FL 34683 - Teacher
Original Appointment - 6/14/11 (was serving 1st term to expire 7/31/15)
Resigned 5/5/14
(Clearwater Sister Cities, Inc.)
THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCY:
1. Candace B. Hays - 2664 Augusta Drive N., 33761 - General Studies
(to fill the remainder of the unexpired term until 7/31/15)
(Clearwater Sister Cities, Inc.)
Zip codes of current members:
1 - 33764
1 - 33765
1 - 34683
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-298
1 - 34695
Page 2 City of Clearwater Printed on 8/7/2014
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Name:
Home Address: Office Address:
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Telephone: -2 » 2- 7 fiel- 2-63 60
Cell Phone: 72
Zip
Telephone:
E-mail Address: (''"A 2L K-?),
How long a resident of Clearwater? / 7
Occupation: Employer:
Field of Education:
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Other Work Experience:
If retired, former occupation: /Vie /4 72.„ /
Community Activities: (2.),;.7-/
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Other Interests:
Board Service (current and past):
Additional Comments:
Board Preference:
Signed: Date:
f/ /
47/
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department, P.
0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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2. Have you ever observed a board meeting either in person or on C.-View, the City's TV station?
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
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4. Why do you want to serve on this Board?
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Name: 412e/a
Board Name:
2,
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-233
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 2
File Type: Action ItemIn Control: Library
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Award the Construction Manager (CM) at Risk contract to Ajax Building Corporation of
Oldsmar, Florida, to construct the Countryside Branch Library (11-0059-LI), amend the budget
and scope for the Countryside Library Renovation project to a new total of $7,102,668, an
increase of $852,668 over the original $6,250,000 budget to include HVAC upgrades and
chiller costs for the Countryside Recreation Center, approve Library GMP of $5,462,668,
which includes approval of $173,511 in additional library funds to cover unforeseen items,
approve $679,157 to design and construct HVAC upgrades to the Countryside Recreation
Center, and authorize the appropriate officials to execute same.
SUMMARY:
The Countryside Library project includes construction of a new 22,404 square foot, 1-story
library on Sabal Springs Drive, adjacent to the Countryside Recreation Center.
Council approved the selection of Ajax Builders as the CM at Risk firm for the library in
December 2013. The item noted that Ajax would provide preconstruction services under a
Purchase Order including design review and construction cost estimating. Once design
approached final construction documents, staff would present a guaranteed maximum price
contract to Council for approval.
The contract allows for management fees based on a percentage of the Guaranteed
Maximum Price (GMP) to construct the project of 5.0% for construction phase services.
The construction is estimated to last one year, August 2014 to August 2015.
The Library Department will be responsible for the day-to-day facility operations, and the
Building and Maintenance Department will be responsible for maintenance of the library.
This item requests additional funding for items unforeseen in the budgeting for design and
construction of the library, summarized as follows:
$68,081 - sanitary lift station due to shallow existing sanitary pipes
$59,406 - cost impact due to geotechnical conditions requiring over excavation under library
footprint
$46,024 - cost to provide LED lighting in lieu of fluorescent with an estimated 20-year pay
back
$173,511 - additional Library funds requested
This item also requests funding to cover upgrades to the existing HVAC system at the
Countryside Recreation Center. The timing of the needed upgrade coincides with construction
of library. The chilled water system is estimated to save over $800,000 in energy costs over a
30-year lifetime with an eleven-year pay back. Similar life cycle energy savings are anticipated
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-233
for the Library. Hence to optimize efficiency and cost savings, the upgrade will be included in
the construction of the library, summarized as follows:
$237,157 - 50% of equipment and construction cost of chiller yard and piping, included in
GMP
$42,000 - design cost to upgrade the Recreation Center HVAC system to chilled water
$400,000 - cost to construct HVAC interior upgrades to Recreation Center
$679,157 additional funds requested to design and construct Recreation Center upgrades
APPROPRIATION CODE AND AMOUNT:
Funding for the contract is provided in the Countryside Library Renovation project with the
current budget of $6,250,000. Funding for the additional costs outlined above will be provided
by an additional allocation of $812,668 of Penny for Pinellas infrastructure funds. An
additional allocation of $40,000 of General Fund reserves is necessary for library moving
expenses and artist fees that were originally projected to be covered by Penny for Pinellas
funds, but those expenses do not qualify for Penny funding. Removing those costs from
Penny funding will allow some offset of the added scope of work, leaving a total of added
funds equal $852,668, for a new budget total of $7,102,668.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 8/7/2014
SR 580
WINDING WOOD DR PEACHTREE CIR
COUNTRYSIDE BLVD
FOXFIRE CT
2691
2681
2741
2
7
6
8
2
7
5
9
2 7 3 7
2 7 6 0
2774
2 7 5 8
2755
2757
2717 2721
2750
2
7
6
9
2725
2 7 3 72751
2
7
5
7
2762
2754
2753
2756
2 7 4 9
2
7
3
8
2
7
4
0
2756
2751
AERIAL: Countryside Fire Station #50 & Library
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM 1"=100'222A 29-28-1612/15/2010Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
2009 Aerial
Name: Countryside Fire Station and LibrarySR 580 & Countryside Blvd. (SE corner)Legend Parcel BoundaryStorm PondsOutlined in White
7/24/2014
Estimated Capital Costs:Estimated Cost
I.Land Acquisition
A. Land Survey
B. Property Appraisal 9,790
C. Closing & Title Costs
Total Land Acquisition 9,790
CONSTRUCTION COSTS (II, III, IV)
II.Professional Services
A. Architect 550,000
B. Soil Borings & Infiltration test, Driggers 6,563
D. Consulting, exisitng library analysis, traffic study etc.151,160
E. Project Management (both external and internal)-
F. Other (sign language interpretation for public mtg)310
Total Professional Services 708,033
III.Site Development
A. Contamination Assessment
B. Permits (E.P.A., F.D.E.P., SWFWMD, County, City, etc.)182
C. Fees (Impact, proprietary, other)
D. Demolition
Total Site Development 182
IV.Construction
A. CM at Risk Contract (Ajax) 5,462,668
B. City Costs:
1. Site work- Public Utilities 3,000
2. IT/Data/Security/Fire Alarm/CATV/AV 60,000
3. Threshold Insp 10,000
4. Duke Energy cost for new transformer 15,000
7. Utility use during constr 5,000
6. Builder's Risk Insurance 20,000
5. Pre-Con CM Fee 26,000
Total Construction 5,601,668
SUBTOTAL - CONSTRUCTION COSTS 6,309,883
V.Furniture, Machinery & Operating Equipment
Total Furniture, Mach, & Operating Equip 330,995
VI.Other Costs
A. Public Art- artist fee, $52K in constr contract to build flooring w/
art element 10,000
Total Other Costs 10,000
GRAND TOTAL 6,660,668
Capital Improvement Project Checklist
7/24/2014
LED Light fixtures 46,024
Sanitary Lift Station*68,081
Unexpected geotech cost to over excavate and take addl borings*59,406
50% of exterior chiller cost for CS Rec Ctr portion 237,157
Requested Adds for 8/4/14 work session 410,668
GRAND TOTAL minus above items NOT in orginal scope 6,250,000
Other Adds for 8/4/14 Council work session:
Interior upgrades to convert Rec Ctr DX HVAC system to chilled water 400,000
Design fee for Rec Ctr interior upgrades 42,000
TOTAL Adds not in GMP 442,000
Revised Budget total TOTAL 7,102,668
7/24/2014
AJAX PROJECT NO. 201335
CITY OF CLEARWATER
COUNTRYSIDE BRANCH LIBRARY
GMP PROPOSAL July 24, 2014
EXECUTIVE SUMMARY
Ajax Building Corporation is pleased to present this Guaranteed Maximum Price (GMP) Proposal in the amount of
$5,462,668 for the Countryside Branch Library for consideration by The City of Clearwater. This GMP Proposal
includes schedule and other project information to be utilized by the project team as the project moves forward. This
GMP Proposal, upon acceptance by The City of Clearwater, is intended to serve as the basis of the GMP Agreement
to the CM Contract, adding the construction phase activities to the current contract.
Project Description
The project consists of a new 23,524 SF single story branch library building with remote chiller building for the City of
Clearwater. Structure consists of masonry with structural steel framing with single ply membrane and standing seam
metal roofing.
Guaranteed Maximum Price (GMP)
The Base Bid GMP Proposal for the Countryside Library totals $5,462,668. This GMP does not include any costs
related to replacing the HVAC equipment for the existing adjacent Recreational Center to change this building over to
the new Chilled Water Plant being constructed with the new Library.
Ajax Building Corporation is confident that the GMP Estimate included herein is representative of the proposed scope
of work depicted in the GMP Documents.
Inclusive of the Base Bid GMP Proposal are Accepted Deductive Alternates that are detailed in Section III-B totaling
($461,845)
Project Schedule
The project schedule included within this proposal is based on the information represented in the GMP Documents.
The project schedule reflects an overall duration of twelve (12) months for the construction phase of the project.
The following contractual dates are incorporated into the CM Contract via this GMP Proposal.
▪ Mobilization / Start of Construction August 14, 2014
▪ Substantial Completion July 06, 2015
▪ Final Completion August 03, 2015
Construction Manager @ Risk Services for the Countryside Branch Library
This CONTRACT made and entered into this day of August, 2014by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the “City” or
“Owner”, and Ajax Building Corporation,of Oldsmar,County of Pinellas and State of
Florida, hereinafter designated as the “Construction Manager”. The contracting entities shall
collectively be known as the “Parties.”
WITNESSETH:
WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk
approach on appropriate projects as determined by the City’s EngineeringDepartment; and
WHEREAS, the City desires that the Construction Manager perform the management of the
necessary construction, design, and preconstruction services (collectively referred to as the
Services) on an as-needed basis subject to the terms and conditions set forth in this agreement
and any agreement incorporated into this agreement by reference.
NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS
1.1 The Construction Manager and its successors, assigns, executors or administrators, in
consideration of the sums of money, as herein after set forth to be paid by the City to the
Construction Manager, shall and will at its own cost and expense perform all labor, furnish
all materials, tools and equipment forall individual projects assigned as a result of this
contract.
1.2 For each individual project assigned, 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 ofsaid
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.
1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with
Section III,Section IIIa and Section IV of the City of Clearwater Contract Specifications
(the Specifications). For the purposes of this contract, the term Contractor in Section III shall
include the Construction Manager. The Specifications, as may be supplemented and changed,
along with this Contract constitute the “Contract Documents.” In the event there is any
conflict between this Contract and the Specifications, this Contract shall take precedence
except that the GMP PROPOSAL dated July 24, 2014 is expressly incorporated and made
part of this Agreement. Further, the GMP Proposal shall be determinative and control in the
event of any conflict, discrepancy, absence of information and /or term or condition to the
contrary.
1
ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS
2.1 The Construction Manager recognizes the relationship of trust and confidence established
between it and the City by this Agreement, and agrees with the City to furnish its best skill
and judgment andthe overall supervision of its executives; to furnish efficient business
administration and superintendence; and to use every effort to keep upon the project site at
all times an adequate supply of workforce and materials to secure its execution and
completion in the most expeditious and economical manner.
2.2 The Construction Manager represents that it has made a thorough examination of the
premisesand is thoroughly familiar with the conditions under which it is to work.
2.3 The Construction Manager agrees to perform and complete the Services in accordance with
laws, rules, and regulations of all governmental authorities and departments thereof.
2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any
other Design Professional in all respects, including, but not limited to, providing necessary
preconstruction services, such as evaluation of methods, availability and costs of the various
components of the Services while under design consideration; supervising the Services and
the progress thereof; the coordination of the Services and suggesting changes in the
Services; and supplying information as to costs and availability of materials and methods of
construction in order, amongst other things, to reduce costs whereverthe same may be
practicably consistent with the quality of the Services presented in the Contract Documents.
2.5 TheConstruction Manager agrees to the following:
a) In connection with the performance of work under this Contract, the Construction
Manager 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
b) The Construction Manager 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.
c) The Construction Manager 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.
2
ARTICLE 3: SCOPE OF THE SERVICES
3.1 The services that the Construction Manager shall provide include, but are not limited to
those described in the following sections.
3.2 Reporting -Written reports shall be provided with the monthly pay requests as follows:
a)Monthly Executive Summary which provides an overview of current issues and
pending decisions, future developments and expected achievements, and any
problems or delays, including code violations found by any permitting agency.
b)A Monthly Construction Progress Report that includes a cost narrative, a scheduling
narrative and that summarizes the work of the various subcontractors. This report
shall include information from the weekly job site meetings as applicable such as:
- general conditions
- long lead supplies
- current deliveries
- safety and labor relations programs permits
- construction problems and recommendations; and
- plans for the succeeding month
3.3 Scheduling
a)Upon award of this Contract, the Construction Manager shall submit a master
project schedule covering the planning and design approvals, construction and
Owner occupancy of the Project. This schedule will serve as the framework for the
subsequent development of all detailed schedules. The master project schedule shall
be produced and updated monthly throughout the project.
b)Within thirty (30) days after the date of the Owner’s issuance of a Notice to
Proceed, the Construction Manager shall prepare and submit to the Owner two
copies of a Critical Path Method (CPM) construction schedule graphically depicting
the activities contemplated to occur as a necessary incident to performance of the
work required to complete the project, showing the sequence in which the
Construction Manager proposes for each such activity to occur and duration (dates
of commencement and completion, respectively) of each activity.
c)Following development and submittal of the construction schedule the Construction
Manager shall, at the end of each calendar month during the project, or at such
earlier intervals as circumstances may require, update and/or revise the construction
schedule to show the actual progress of the work performed and the occurrences of
all events which have affected the progress of performance of work already
performed or will affect the progress of the performance of the work yet to be
performed in contrast with the planned progress of performance of such work, as
depicted on the original construction schedule and all updates and/or revisions
thereto as reflected in the updated and/or revised construction schedule last
submitted prior tosubmittal of each such monthly update and revision. Each such
update and/or revision to the construction schedule shall be submitted to the Owner
in duplicate.
3
d)The Construction Manager shall provide current scheduling information and provide
direction and coordination regarding milestones, beginning and finishing dates,
responsibilities for performance and the relationships of the Construction Manager’s
work to the work of his subcontractors and suppliers to enable them to perform their
respective tasksso that the development of construction progresses in a smooth and
efficient manner in conformance with the overall project schedule. The schedule shall
include all phases of the construction work, material supplies, long lease procurement,
approval of shop drawings, change orders in progress, schedules for change orders, and
performance testing requirements. The Construction Manager shall advise the Owner, its
representatives and the Architect-Engineer of their required participation in any meeting
or inspection giving each at least one week notice unless such notice is made impossible
by conditions beyond his control. The Construction Manager shall hold job-site meetings
at least once each month with the Construction Team and at least once each week with
the subcontractors and the Architect-Engineer’s Field Representative, or more frequently
as required by work progress, to review progress, discuss problems and their solutions
and coordinate future work with all subcontractors.
e)Twice per month corresponding as closely as possible with progress review meetings, a
“two week” look ahead report shall be prepared and submitted to Owner and Architect /
Engineer.
3.4Design Review and Recommendations
a) The Construction Manager shall familiarize himself thoroughly with the evolving
architectural, civil, mechanical, plumbing, electrical and structural plans and
specifications and shall follow the development of design through Contract Documents.
The Construction Manager shall make recommendations with respect to the selection of
systems and materials, and cost reducing alternatives including assistance to the
Architect-Engineer and Owner in evaluating alternative comparisons versus long term
cost effect. The evaluation shall speak to the benefits of the speed of erection and early
completion of the project. The Construction Manager shall furnish pertinent information
as to the availability of materials and labor that will be required. The Construction
Manager shall submit to the Owner and Architect-Engineer such comments as may be
appropriate concerning construction, feasibility, and practicality. The Construction
Manager shall bring to the Owner and the Architect-Engineer’s attention any apparent
defects inthe design, drawing and specifications, or other documents. The Construction
Manager shall prepare an estimate of the construction cost at appropriate milestones
during the design and shall evaluate suchestimate with the project budget. The
ConstructionManager shall recommend cost saving alternatives, as appropriate, at each
design milestone. At each design milestone the Owner, Architect Engineer and
Construction Manager shall conduct a value engineering review.
b) After receiving the Construction Documents for each phase of the project, the
Construction Manager shall perform a specific review thereof. Promptly after
completion of the review, the Construction Manager shall submit to the Owner, with a
duplicate to the Architect-Engineer, a written report covering suggestions or
recommendations previously submitted, additional suggestions or recommendations as
the Construction Manager may deem appropriate, and all actions taken by the Architect-
Engineer with respect to same, any comments he may deem to be appropriate with
respect to separating the work into separate contracts and/or alternative materials.
4
c)At completion of the Construction Manager’s review of the plans and specifications,
except only as to specific matters as may be identified by appropriate comments pursuant
to this section, the Construction Manager shall warrant, without assuming any
architectural or engineering responsibility, that the plans and specifications are consistent,
practical, feasible and constructible. The Construction Manager shall warrant that the
work described in the plans and specifications for the various bidding packages is
constructible within the scheduled construction time.
d)The Construction Manager shall review the design for the purpose of identifying long
lead procurement items (i.e. machinery, equipment, materials and supplies). When each
item is identified, the Construction Manager shall notify the subcontractors, the Owner,
and the Architect-Engineer of the required procurement and schedule. Such information
shall be included in the bid documents and made a part of all affected sub-contracts. As
soon as the Architect-Engineer has completed drawings and technical specifications and
the Construction Manager has obtained permitting approval, the Construction Manager
shall prepare invitations for bids. The Construction Manager shall keep informed of the
progress of the respective subcontractors or suppliers, manufacturing or fabricating such
items and advise Project Director, Owner and Architect-Engineer ofany problems or
prospective delay in delivery.
3.5 Staffing -Key personnel assigned to City projects by the Construction Manager shall not be
removed from the project until alternate personnel acceptable to the City are approved in
writing by the City.
3.6 Soliciting Bids
a)Without assuming responsibilities of the Architect-Engineer, and unless waived in
writing by the Owner, the Construction Manager shall prepare invitations for bids, or
requests for proposal when applicable, for all procurements of long lead items, materials
and services, and for Subcontractor contracts. Such invitations for bids shall be prepared
in accordance with the following guidelines:
i)Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the
Construction Manager with the firm which is qualified and submits the lowest verbal
quotation. The Construction Manager shall obtain a minimum of two (2) verbal
quotations. These quotations shall be entered on a bid tabulation sheet and a copy of
such tabulation sent to the Owner, Architect-Engineer and to each firm. The
successful quotation shall be confirmed by written contract or purchase order to the
low bid firm defining the scope and quality of work to be provided.
ii)Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the
Construction Manager with the firm who is qualified and submits the lowest
responsive proposal. The Construction Manager shall request at least three (3) firms
to submit sealed written proposals based on written drawings and/or specifications.
The written proposals shall all be opened publicly at the location, date and time
named by the Construction Manager in his request for proposal. A tabulation of the
results shall be furnished to the Owner, Architect-Engineer and to each firm.
5
iii)Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the
Construction Manager with the firm who is pre-qualified and submits the lowest
responsive proposal. The Construction Manager shall advertise these projects at least
once with the last advertisement appearing at least 21 calendar days prior to the
established bid opening date. These proposals shall be based on approved plans and
specifications. Bids shall be received and opened publicly at the location, date and
time established in the bid advertisement.
iv)Contracts totaling $500,000 or greater shall be treated the same as described under iii
above except that the advertisement shall be run for at least 30 days prior to the
established bid opening and at least 5 days prior to any scheduled pre-bid conference.
v)Individual purchases of materials or rentals or leases of equipment of up to $999.99
each may be made without bids or quotes when reasonably necessary to expedite
work on the project; however, the Construction Manager shall not divide or separate a
procurement in order to avoid the requirements set forth above.
vi)Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
b)For each separate construction contract exceeding $35,000, the Construction Manager shall,
unless waived by Owner, conduct a pre-bid conference with prospective bidders, the
Architect-Engineer and the Owner. In the event questions are raised which require an
interpretation of the bidding documents orotherwise indicate a need for clarification or
correction of the invitation, the Construction Manager shall transmit these to the Architect-
Engineer and upon receiving clarification or correction in writing shall prepare an addendum
to the bidding document, and issue same to all of the prospective bidders.
3.7 Quality Control -The Construction Manager shall develop and maintain a program,
acceptable to the Owner and Architect-Engineer that assures quality control of the
construction. The Construction Manager shall supervise the work of all subcontractors
providing instruction to each when their work does not conform to the requirements of the
plans and specifications and shall continue to assert influence and control over each
subcontractor to ensure thatcorrections are made in a timely manner so as to not affect the
efficient progress of the work. Should disagreement occur between the Construction
Manager, the Owner or the Architect-Engineer over acceptability of work and conformance
with the requirements of the specifications and plans, the Owner shall be the final judge of
performance and acceptability.
3.7 Subcontractor Interfacing -The Construction Manager shall be the single point of interface
with all subcontractors for any work done under this Contract. The Construction Manager
shall negotiate all change orders, field orders and request for proposals, with all affected
subcontractors and shall review the costs of those proposals and advise the Owner and
Architect-engineer of their validity and reasonableness, acting in the Owner’s best interest
prior to requesting approval of each change order from the Owner. Before any work is begun
on any change order, a written authorization from the Owner must be issued. When health
and safety are threatened, however, the Construction Manager shall act immediately to
remove such threat to health and safety. The Construction Manager shall also carefully
review all shop drawings and then forward the same to the Architect-Engineer for review and
actions. The Architect-Engineer will transmit them back to the Construction Manager who
6
will then issue the shop drawings to the affected subcontractor for fabricationor revision.
The Construction Manager shall maintain a record to promote expeditious handling. The
Construction Manager shall request the Architect-Engineer to make interpretations of the
drawings or specifications requested of him by the subcontractors and shall maintain a record
to promote timely response. The Construction Manager shall advise the Owner and
Architect-Engineer when timely response is not occurring on any of the above. The
Construction Manager shall collect, review and submit to the Owner, all project closeout
documentation including operation, maintenance and training manuals.
ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES
4.1 Guaranteed Maximum Price for Construction
a) When the Construction Documents are sufficiently complete to establish the scope of
work for the project or any portion thereof, the Construction Manager will establish and
submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP)
guaranteeing the maximum price to the Owner, for the construction cost of the project or
designated part thereof. Such Guaranteed Maximum Price will be subject to modification
for changes in the project as provided in article 4.1(e) below. Actual price paid for the
work by the Owner, however, shall be the actual cost of all work subcontracts, supply
contracts, direct labor costs, direct supervision costs and direct job costs, plus the
Construction Manager’s fees or the GMP, whichever is less when the work is complete.
Invoicing shall occur monthly for completed work with 5% retainage withheld until final
completion and acceptance of all work covered in the contractdocuments in accordance
to the City’s General Conditions.
b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager
will verify the time schedule for activities and work which were adopted and used to
determine the Construction Manager’s cost of work. In addition to the cost of work, a
GMP will include an agreed upon sum as the construction contingency which is included
for the purpose of defraying the expenses due to unforeseen circumstances relating to
construction. The Construction Manager will be required to furnish documentation
evidencing expenditures charged to the contingency prior to the release of funds by the
Owner. If bids are received below the applicable line items in the GMP, the surplus will
be added to the contingency.
c)If bids are received above the applicable line item in the GMP, the deficiency will be
taken from the contingency; however, such occurrence shall not be cause to increase the
GMP.
d)If bids are not received for a portion of the work at or below the applicable line item
amount in the GMP, the Construction Manager reserves the right to perform that portion
of the work as acknowledged by the Owner or negotiate for its performance for the
specified line item lump sum amount or less.
e)The increase or decrease in the Guaranteed Maximum Price resulting from a change in
the Project shall be determined in one or more of the following ways:
7
i.By mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation by the Architect Engineer and
owner;
ii.By unit prices stated in the Agreement or subsequently agreed upon;
iii.If none of the methods is agreed upon, the Construction Manager, provided it has
received a signed written order by the Owner, shall promptly proceed with the
work involved. The cost of such work shall then be determined on the basis of the
reasonable expenditures and savings of those performing the work attributed to
the change. In the event a Change Order is issued under these conditions,
however, the Architect-Engineer will establish an estimated cost of the work and
the Construction Manager shall not perform any work whose cost exceeds that
estimatewithout prior written approval by the Owner. In such case, the
Construction Manager shall keep and present, in such form as the Owner may
prescribe, an itemized accounting together with appropriate supporting data of the
increase in the Cost of the Project. The amount of decrease in the Guaranteed
Maximum Price to be allowed by the Construction Manager to the Owner for any
deletion or change which results in a net decrease in cost will be the amount of the
actual net decrease;
iv.The Architect-Engineer will have authority to order minor changes in the Project
not involving an adjustment in the Guaranteed Maximum Price or an extension of
the Construction Completion Date and not inconsistent with the intent of the
Drawings and Specifications. Such changes shallbe effected by written order.
Documentation of changes shall be determined by the Architect-Engineer.
Changes shall be approved by the Architect-Engineer.
4.2 Construction Manager’s Fee -In consideration of the performance of the contract, the
Owner agrees to pay the Construction Manager as compensation for his services, fees as set
forth below:
a)Preconstruction Phase Fee -shall be based on design costs if applicable,
constructability review, value engineering and fee determination of Guaranteed
Maximum Price. The fee for this phase in the amount of $26,000.00
shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price.
b)Construction Phase Fee -Prior to commencement of the Construction Phase, the Owner
will direct the Construction Manager in writing to proceed into the Construction Phase.
The Construction Manager’s compensation for work or service performed during the
Construction Phase shall be a fee of $297,507.00. The Construction Phase Fee shall be
invoiced and paid in Twelve (12)months. Payments will be remitted monthly at the cost
of $24,792.00 each and one final monthly payment of $24,795.00.The first monthly
payment shall become due thirty days following the issuance of the first Construction
Authorization and the final monthly payment shall be paid only when construction of the
project is completed and occupancy of the project accepted by the Owner. If construction
is authorized only for a part of the project, the fee paid shall be proportionate to the
amount of work authorized by the Owner.
8
ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE
5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the
benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or
fails, except in cases for which an extension of time is provided, to supply enough properly
skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial
violation of any provision of this Agreement as determined by the certificate of the Architect,
the Owner may, without prejudice and reserving any other right or remedy the Owner may
have, after giving the Construction Manager seven (7) days’ written notice, terminate the
employment of the Construction Manager and take possession of the premises and all
materials, tools, and appliances thereon and finish the Project in whatever manner the Owner
may deem expedient.
5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract,
and in the event that the Substantial Completion Date is not achieved 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 Construction Manager, the sum of $1,000.00 per day for
each day that the work to be performed by the Construction Manager 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 Construction
Manager to complete the work within the time stipulated, it being further agreed that the sum
is not to be construed as a penalty but is only to be construed as liquidated damages for
failure of the Construction Manager to complete and perform all work within the time period
as specified in this contract.
ARTICLE 6: INDEMNIFICATION
6.1The Construction Manager 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
Construction Manager’s activities arising outof 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 claimsmade 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.
6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation
of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or
section 768.28, Florida Statutes.
ARTICLE 7: TITLE TO THE PROJECT
7.1 The title of all work, completed portions of the Project and in the course of construction, and
of all materials on account of which payment has been made shall be in the Owner.
9
ARTICLE 8: ASSIGNMENT
8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, except that this Agreement may not be assigned by either
party without the prior written consent of the other party. Any assignment made without such
prior written consent shall not vest rights in the assignee.
ARTICLE 9: ADDITIONAL PROVISIONS
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida, and the venue for any dispute under this Agreement shall be an appropriate court
of competent jurisdiction in Pinellas County, Florida.
9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law
or governmental regulation, either by the Owner or Construction Manager, shall be in writing
unless otherwiserequired by such law or regulation and shall be deemed to have been served
and given when deposited in either Registered or Certified Mail in United States Branch Post
Office, addressed to the party hereto to whom directed, at the address specified in the
Specifications.
9.3 The language in this Agreement shall be construed according to its customary meaning
within the Florida building industry. Whenever used, the singular shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all genders.
9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person
or party, the remainder of the Contract Documents and the applicability of such provision to
other persons or parties shall not be affected thereby.
9.5 Nothing contained in this Agreement shall be construed to mean that the Construction
Manager and Owner are joint ventures or partners.
Public Records Requirements:
The successful bidder/contractor will be required to comply with Section 119.0701, Florida
Statues (2013), specifically to:
(a)Keep and maintain public records that ordinarily and necessarily would be required by
the City of Clearwater in order to perform the service;
(b)Provide the public with access to public recordson 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
10
(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 contractorupon 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.
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
Attest:
By: _______________________________ (Seal)
William B. Horne II City Manager
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) _________________________________
_________________________________
Ajax Building Corporation
(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 By: __________________________(Seal)
he must, by Affidavit, show his authority to bind the William P. Byrne, President
Corporation).
11
Cost Management Recap
Sort Sequences:
1. Sec
2. Divisions
3. Not Used
4. Not Used
Report includes Taxes & Insurance.
Estimate File: :14063.est - Countryside Branch Library - GMP, Clearwater, FL
Estimator: Jim Markart
Primary Project Qty:22515 SF
Secondary Project Qty: 1 FLRS
Estimate UM: Imperial
7/24/2014 4:24:21PM
Description Total $Unit$
Total Division 01 GENERAL
REQUIREMENTS
$112,724
Total Division 03 CONCRETE $420,240
Total Division 04 MASONRY $418,559
Total Division 05 METALS $318,655
Total Division 06 WOOD & PLASTICS $111,037
Total Division 07 THERMAL & MOISTURE
PROTECTION
$441,906
Total Division 08 DOORS & WINDOWS $469,278
Total Division 09 FINISHES $737,753
Total Division 10 SPECIALTIES $159,039
Total Division 12 FURNISHINGS $8,330
Total Division 13 ACCEPTED VALUE
ENGINEERING
-$461,845
Total Division 21 FIRE SUPRESSION
SYSTEMS
$39,260
Total Division 22 PLUMBING $162,790
Total Division 23 HVAC WORK $729,712
Total Division 26 ELECTRICAL WORK $631,431
Total Division 31 SITEWORK $359,148
Total Division 32 SITE IMPROVEMENTS $61,795
Total Division 36 BONDS & INSURANCE $95,797
Total Division 37 WARRANTY $2,678
Total Division 40 PRECONSTRUCTION FEE $26,000
Total Division 60 GENERAL CONDITIONS
(STAFFING)
$297,507
Total Division 70 OWNER'S TAX SAVINGS -$70,000
Total Division 80 CONTINGENCY $152,868
Total Division 90 OVERHEAD & FEE $238,006
Total Sec BB BASE BID $5,462,668
Page 1
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8570-14
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 3
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8570-14 on second reading, amending Section 3-1508 of the Community
Development Code of the City of Clearwater to clarify prohibited noises.
SUMMARY:
The proposed amendments are intended to more clearly capture within the types of prohibited
noise those rumbling or reverberating rhythmic bass type sounds that many residents
frequently hear while traveling by motor vehicle throughout the city or within their residences.
Additionally, because the courts have held that amplified music is a form of communication
and expression protected by the First Amendment, the proposed amendments will fortify the
noise ordinance against constitutional attack. For example, the Florida Supreme Court held
that the State of Florida’s noise statute prohibiting sounds heard 25 feet or more and coming
from motor vehicles was unconstitutional because those engaged in political or commercial
activities while using a sound truck, for example, were exempted from the noise statute.
Similarly, the preferential treatment afforded to noise coming from religious worship activities
regardless of how disturbing the noises are to reasonable persons of ordinary sensibilities
could subject the ordinance to an attack under the Equal Protection Clause of the Federal and
State Constitutions. For example, currently, the exception would arguably allow a church to
ring bells at 2:00 a.m.; and police could not take any action because of the exemption
contained in the ordinance.
The exemption is unnecessary because a police officer will always be making a determination
if a sound is so loud as to be disturbing to reasonable persons of ordinary sensibilities. Thus, it
is difficult to conceive of a situation where a church was engaged in routine worship activities
that would ever meet the threshold of becoming a noise violation: that is, that a reasonable
person of ordinary sensibilities would find the activity to be disturbing. Moreover, the intent
clause added to Section 3-1508A clearly states that “[i]t is the intent of this section to regulate
unreasonably excessive noise and not to interfere with or unduly burden the exercise of a
person’s freedom of speech, expression, or religion.”
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/7/2014
Ordinance No.8570-14
ORDINANCE NO.8570-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TONOISE; AMENDING SECTION
3-1508A, CLEARWATER COMMUNITY DEVELOPMENT
CODE, TO CLARIFY THE PROHIBITED NOISES;
AMENDING SECTION 3-1508B5, TO CLARIFY THE
PROHIBITED SOUND THAT IS EMITTED BY RADIOS,
AMPLIFIERS, AND OTHER SOUND PRODUCING
DEVICES;AMENDING SECTION 3-1508DTO CLARIFY
THE SOUNDS RELATING TO THE EXISTENCE OF AN
EMERGENCYAND THE PROCEDURES FOR OBTAINING
A SPECIAL EVENT PERMITAND TO DELETE THE
EXCEPTION PERTAINING TO RELIGIOUS WORSHIP
ACTIVITIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1.Section3-1508A, Section 3-1508B5,and Section 3-1508D,
Clearwater Community Development Code, areamended to read as follows:
Section 3-1508. Noise.
A.Prohibited generally.It shall be unlawful for any person to willfully make, continue or
cause to be made or continued any loud and raucous noise that through unaided,
ordinary auditory sensescan beheard upon the public streets, sidewalks, or rights-
of-way, in any public park, in any school or public building, in any church or hospital,
or in any occupieddwelling and thatcan be heardata distance of 100 feet or more
from the source of the noise, measured in a straight line from the radio, loudspeaker,
motor, horn, or other noise source. Theterm “loud and raucous noise”shall mean
any sound which because of its volume level, duration and character, annoys,
disturbs, injures or endangers the comfort, health, peace or safety of reasonable
persons of ordinary sensibilities within the limits of the city. The term includes, but is
not limited to,the kinds of loud and raucous noise generated by the activities
enumerated in subsection Bwhen the loud and raucous noise through unaided,
ordinary auditory sensescan be heardat a distance of 100 feet or more from the
source of the noise, measured in a straight line from the radio, loudspeaker, motor,
horn, or other noise source,but not including activitiesenumerated in subsection D
of this section. It is the intent of this section to regulate unreasonably excessive
noise and not to interfere with or unduly burden the exercise of a person’s freedom
of speech, expression, or religion.
Ordinance No. 8570-14
2
B.The followingnoises, as limited by Section 3-1508A,are declared to be public
nuisances in violation of this section:
* * * * *
5.Radios, amplifiers, phonographs, etc.TheUusing, operating or permitting to
be played, used or operated any radio, amplifier, musical instrument,
phonograph, music player,or other device for the producing or reproducing of
sound such that thespeech or music, including arumbling or reverberating
rhythmic bass type sound,emitted by the devicecreatesis identifiable in
terms ofwords or melody so as to createaloud and raucous noise.
* * * * *
D.Exceptions.The term "loud and raucous noise" does not include noise or sound
generated by the following:
1.Cries for emergency assistance and warning calls;
1.2.Radios, sirens, horns and bells on police, fire and other emergency response
vehicles, including the emission of any other sound for the purpose of alerting a
person of the existence of an emergency;
2.3.Parades, fireworks displays, outdoor music performances and other special
events for which a permit has been obtained from the Citypursuant to Division 2,
Article III of Chapter 22, Clearwater Code of Ordinances, within such hours as
may be imposed as a condition for the issuance of the permit;
3.4.Activities on or in municipal and school athletic facilities and on or in publicly
owned property and facilities, provided that such activities have been authorized
by the owner of such property or facilities or its agent;
4.5.Fire alarms and burglar alarms, prior to the giving of notice and a reasonable
opportunity for the owner or tenant in possession of the premises served by any
such alarm to turn off the alarm;
6.Religious worship activities occurring on or in the premises owned or leased by
places of worship, includingbut not limited to bells and organs;
Ordinance No. 8570-14
3
5.7. Locomotives and other railroad equipment, and aircraft.
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:
____________________________ _______________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:July 15, 2014
AGENDA ITEM:
CASE:TA2014-00002
ORDINANCE NO.:8570-14
REQUEST:Review, and recommendation to the City Council, of an
amendment to the Community Development Code.
INITIATED BY:City of Clearwater, Office of the City Attorney
BACKGROUND:
Rumbling or reverberating rhythmic bass type sounds can become an annoyance to persons who
travel by motor vehicle throughout the city or who are located within their residences. One of
the amendments would clearly include those types of sounds within Section 3-1508, Community
Development Code (CDC),of the noise ordinance.
Additionally, because the courts have held that amplified music is a form of communication and
expression protected by the First Amendment, the proposed amendments will fortify the noise
ordinance against constitutional attack.For example, the Florida Supreme Court held that the
State of Florida’s noise statute prohibiting sounds heard 25 feet or more and coming from motor
vehicles was unconstitutional because those engaged in political or commercial activities while
using a sound truck, for example, were exempted from the noise statute.
Similarly, the preferential treatment in Section 3-1508.D.6., CDC,afforded to noise coming from
religious worship activities regardless of how disturbing the noises are to reasonable persons of
ordinary sensibilities could subject the ordinance to an attack under the Equal Protection Clause
of the Federal and State Constitutions.For example, currently, the exception would arguably
allow a church to ring bells at 2:00 a.m.; and police could not take any action because of the
exemption contained in the ordinance.
The exemption for religious worship activities is unnecessary because a police officer will
always be making a determination if a sound isso loud as to be disturbing to reasonable persons
of ordinary sensibilities. Thus, it is difficult to conceive of a situation where a church was
engaged in routine worship activities that would ever meet the threshold of becoming a noise
violation: that is, that a reasonable person of ordinary sensibilities would find the activity to be
disturbing.Moreover, the intent clause added to Section 3-1508.A., CDC,clearly states that “[i]t
is the intent of this section to regulate unreasonably excessive noise and not to interfere with or
unduly burden the exercise of a person’s freedom of speech, expression, or religion.”
ANALYSIS:
Proposed Ordinance No. 8570-14includes the following amendments:
Community Development Board –July 15, 2014
TA2014-00002 –Page 2
Community Development Code Text Amendment PLANNING & DEVELOPMENT;AND,
OFFICE OF THE CITY ATTORNEY
1.Amends Section 3-1508.A., CDC,to clearly state that the noise ordinance is intended only
“to regulate unreasonably excessive noise and not to interfere with or unduly burden the
exercise of a person’s freedom of speech, expression, or religion.”
2.Amends Section 3-1508.B.5., CDC,to clarify that rumbling or reverberating rhythmic bass
type sounds are included within the types of sounds covered by the noise ordinance.
3.Amends Section 3-1508.D., CDC,to clarify the sounds relating to the existence of an
emergency and the procedures for obtaining a special events permit and to delete the
exception pertaining to religious worship activities.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1.The proposed amendment is consistent with and furthers the goals,policies, and
objectivesof the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal which will be
furthered by the proposed Code amendments:
Goal A.3The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
The proposed amendment will ensure that noise generated by individuals within the City will
be below a reasonable threshold.
2.The proposed amendments further the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
It is the purpose of this Development Code to implement the Comprehensive Plan of the city;
to promote the health, safety, general welfare and quality of life in the city; to guide the
orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of the
city (Section 1-103.A., CDC).
The proposed amendment will ensure that businesses providing amplified and live music will
operate without becoming a public nuisance.
SUMMARY AND RECOMMENDATION:
Community Development Board –July 15, 2014
TA2014-00002 –Page 3
Community Development Code Text Amendment PLANNING & DEVELOPMENT;AND,
OFFICE OF THE CITY ATTORNEY
The proposed amendment to the Community Development Code is consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department and the
Office of the City Attorney recommend APPROVAL of Ordinance No. 8570-14 that amends the
Community Development Code.
Prepared by Office of the City AttorneyStaff:___________________
Robert J. Surette,
Assistant City Attorney
ATTACHMENTS:Ordinance No. 8570-14
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-341
Agenda Date: 8/7/2014 Status: Agenda ReadyVersion: 1
File Type: Presentations by
outside groups
In Control: City Council
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Clearwater Housing Authority Update - Jacqueline Rivera
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/7/2014
CLEARWATERHOUSINGAUTHORITY
Portfolio&Programs
Aug.7,2014
RalphRichards
Tower
SeniorPublic
Housing
50units
BarbeeTowers
SeniorPublic
Housing
150units
PalmettoProperties
PublicHousing
(2homes)
ParadiseTrail
PublicHousing
13units
PineviewApartments
MixedIncomeAffordable(non-federal)
50units
PineviewApartments
Mainstreet Apartments
Mixed Income Affordable (non-federal)
204 units
Mainstreet
Apartments
Clubhouse
withWi-Fi
Mainstreet
Apartments
Pool
TheHampton
SeniorMixedIncomeAffordable
Community(non-federal)
275units
TheHampton
(PoolandPromenadeArea)
Sapphire Sky Restaurant at the Hampton
(Sunday Brunch with Chef Ivan)
WaterAerobicswithMs.Lana
attheHampton
Portfolio&ProgramSummary
•High Performing Agency
•45% Dependent on Federal Monies
•Excellent Audit Reports with No
Findings
•High Return on Investment for
Investors
•Diverse Portfolio Mix Allowing for
Better Properties and Financial
Independence
Portfolio&ProgramSummary
•215 Units of Public Housing
•529 Units of Mixed Income Affordable
Properties
•Approximately 1,100 Housing Choice
Vouchers
•41 Families with 102 Children
Participating in Family Self-
Sufficiency program
Portfolio&ProgramSummary
•Economies of Scale Program; Where
We Provide Services as Follows:
-Financial Management &
Compliance Center
-Information Technology Services
Current Customers (St. Petersburg &
Dunedin Housing Authorities)
Portfolio&ProgramSummary
•Clearwater Housing Development
Corporation
–Serves as Fee Management
Company
–Currently Managing Affordable and
Public Housing Properties
CurrentlyWorkingOn….
•PropertyAcquisitiontoIncrease
PublicHousingStock
•RefinancingofExistingAffordable
HousingPortfolio
•RepairingParadiseTrail
•RedevelopmentofSeniorPublic
Housing
CurrentlyWorkingOn….
•IncreasingHomeownership
OpportunitiesforCurrent
Customers(ThroughFSSProgram)
ThankYou
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-323
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Accept the Quit Claim Deed from Dimmit Car Leasing, Inc.; approve the Agreement for
Exchange of Real Property (Exchange Agreement) between the Community Redevelopment
Agency (CRA) and the City with additional cash compensation to be paid from the CRA to the
City in an amount not to exceed $301,303 and authorize the appropriate officials to execute
same, together with all other instruments required to affect closing; approve reimbursement to
the Stormwater Utility for the surplus land in the amount of not-to-exceed $539,173, including
not-to-exceed $301,303 received from CRA, along with $237,870 from General Fund
unassigned fund balance; and approve reimbursement from Stormwater Utility to U.S.
Department of Housing and Urban Development (HUD) for related grant in the amount of
not-to-exceed $301,303; adopt Resolution 14-28 and authorize the appropriate officials to
execute same.
SUMMARY:
The City and CRA’s redevelopment strategy emphasizes the creation of a significant
residential concentration in and around the downtown core, to create the support for a retail
and recreation destination environment in the Cleveland Street District. In addition, the City’s
Economic Development Strategic Plan calls for the growth/support of employment
opportunities as part of the CRA’s Technology District and its software/information technology
industry cluster. The CRA views the development of the Cleveland Street and Prospect Lake
Park site as a major opportunity to further these strategies by adding a mixed-use project that
activates the street and creates living opportunities for the District’s workforce.
The CRA released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19,
2013 with the goal of selecting a qualified Development Team to successfully develop the
5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater,
one block east of the Downtown Core.
The successful proposal was submitted by Prospect Park Development, LLC (Developer).
The proposal consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of
allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting
Cleveland Street, which will be composed of a retail/office space and a residential component.
The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses
(exercise area, leasing office, and business center).
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement). The Development Agreement
requires that the CRA is, or will be, the owner of the project site by the closing date. The City
owns approximately 77,834 square feet of property (City Parcel) within the project site. The
Page 1 City of Clearwater Printed on 8/7/2014
File Number: ID#14-323
CRA owns approximately 3,829 square feet of property (CRA Parcel) that it will no longer
need following the transfer of property to the Developer. The CRA Parcel is not located within
the project site and is adjacent to City-owned property. The Exchange Agreement stipulates
that the City will transfer the City Parcel to the CRA and the CRA will transfer the CRA Parcel
to the City.
The City purchased a portion of the City Parcel on July 1, 1999, from Dimmitt Car Leasing,
Inc. (Dimmitt). The deed used in that conveyance failed to properly describe a previously
vacated alley. Staff recommends Council acceptance of a Quit Claim Deed from Dimmit, prior
to conveyance of the City Parcel to the CRA, to cure what is otherwise a title defect.
The City Parcel was acquired by the City with Stormwater Utility enterprise funds and grant
funding from the HUD. HUD will be reimbursed for a portion of this grant to remove any
grant-related restrictions from the City Parcel. The reimbursement amount has not been
determined, however, will not exceed $301,303. When determined, the CRA will transfer the
appropriate amount to the City as compensation for the land transfer. The City will then
transfer these funds to the Stormwater Utility for final disbursement to HUD.
The City will reimburse $237,870 to the Stormwater Utility enterprise fund. This amount will
provide full reimbursement eliminating all restrictions that would otherwise be applied to
property acquired with this funding source.
Resolution 14-28 authorizes the transfer of property and executing the Special Warranty
Deed.
USE OF RESERVE FUNDS:
The balance currently remaining in General Fund available reserves is $10.00 million after
deductions for: $1.4 million used to fund the original Fiscal Year 2014 operating budget; $1.1
million of items funded from General Fund reserves approved by Council during fiscal 2014
(representing Fiscal Year 2014 budget amendments); and $9.8 million reflecting the required
8.5% General Fund reserves per Council policy. This agenda item, if approved, will decrease
the available balance from $10.00 million to $9.77 million.
Page 2 City of Clearwater Printed on 8/7/2014
1
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
THIS AGREEMENT is made and entered into the _____ day of _______________________, 2014
by and between the CITY OF CLEARWATER, FLORIDA,hereinafter referred to as “City”,and the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, hereinafterreferred to as
“CRA”, (collectively, “parties”), to mutually establish terms and conditions for the orderly exchange of
equitable interests in real property in Clearwater, Florida, as more specifically described hereafter.
WITNESSETH:
1.PROPERTY INTERESTS TO BE EXCHANGED:The City shall convey to the CRAby
Special Warranty Deed fee simple title in and to that certain real property more specifically described in
EXHIBIT “A”, hereafter “City Parcel”. The CRAshall conveyto the City by Special Warranty Deed fee simple
title in and to that certain real property more specifically described in EXHIBIT “B”, hereafter “CRAParcel.”
Collectively, the herein described parcels shall be referenced as the “Exchange Property”.
2.PURCHASE PRICE:
a)It is mutually agreed that the CRA Parcel and a portion of the City Parcel were acquiredat no cost to
the respective party through the vacation of dedicated right-of-way, are of equal value and will be
transferred in accordance with the terms herein at no cost to either party.
b)The remaining portion of the City Parcel was acquired with assistance of a grantawarded by the
United States Department of Housing and Urban Development (herein, “HUD”). The CRA will pay
the City an amount to bedetermined by HUD (herein, “HUD Reimbursement”) to relieve the City
Parcel, in perpetuity, from any and all restrictions associated with the HUD grant. The property
transfer described herein is in compliance with provisions of Section 2.01(5)(d)(iii) of the City of
Clearwater Charter.The HUD Reimbursement shall not exceed ThreeHundred One Thousand
Three Hundred Three and 00/100 Dollars($301,303.00) and shall constitute full and sufficient
consideration for the transfer of the interests described herein by and between the parties.
3.TIME FOR ACCEPTANCE/EFFECTIVE DATE: It is agreed by and between the parties
that the CRAshall first approve and execute this Agreement and deliver in original counterpart to the City’s
designee. The City shall have 45 days following receipt thereof in which to agenda the Agreement for action
by the City Council at a regularly scheduled meeting. If this agreement is accepted and approved by the City
Council, duly authorized City officials shall execute it and an original counterpart shall be returned to the
CRAor its appropriate designee within 15 days thereafter. The date of Agreement (“Effective Date”) shall be
the date the Agreement is executed by the City.
4.PROPERTY CONDITION: At time of closing, or as otherwise provided herein, the parties
shall deliver title to the respective properties being exchanged in their present “as is” condition, ordinary wear
and tear excepted.
5.SURVEYS:Each party, at its option and expense, and within time allowed to deliver
evidence of title and to examine same, may contract services of a registered Florida land surveyor to perform
surveys of the property it will acquire in the exchange. All such surveys shall then be certified to both of the
respective parties, the closing agentand title insurance underwriter, if applicable. If the surveys reveal any
encroachments on the property the party will receive, or the property improvements encroach on the setback
lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental
regulation, the same shall constitute a title defect and subject to remedy as provided in paragraph 7.
6.POSSESSION/OCCUPANCY: Each party represents that it has sole possession of the
property interests it proposes to exchange with the other and that each shall lawfully convey both possession
and the interests as above described at closingdescribed in paragraph 8 below.
7.EVIDENCE OF TITLE: Following the exchange of property as described herein, the CRA
intends to sell the property to a private third party (herein, “Developer”) to develop the property in accordance
with that certain Agreement for Development and Purchase and Sale of Property Between the Community
Redevelopment Agency of the City of Clearwater andProspect Park Development, LLC. In advance of the
CRA’s sale of the property to the Developer, the CRA will, at its soleexpense, obtain a title insurance
2
commitment issued by a Florida licensed title insurer agreeing to issue the Developer, upon recording of the
instruments of conveyance, an owner’s policy of title insurance in a sufficient amountthatthe Developerand
its title underwriter shall determine, insuring the Developer’s good and marketable title to the property,
subject only to those standard exceptions appearing in the owner’s title policy which, from the insured party’s
standpoint do not unduly affect title, and those items which shall be discharged by the conveying party at or
before closing. Iftitle is found defective, the City shall, in good faith, assist the CRA in clearing title to the
property.
8.CLOSING DOCUMENTS: Prior to closing, each party shallfurnish to the other party copies
of all deeds, instruments, affidavits, closing statements, and other documents which will be executed and
delivered by the respective parties at closing, which documents shall be subject to the reasonable approval
of each party’s legal counsel.
9.PLACE OF CLOSING: Closing shall be held in Pinellas County, Florida at a location agreed
to by the parties.
10.CLOSING EXPENSES: Except as the parties may be exempt under Chapter 201.24,
Florida Statutes, each shall pay the cost of documentary stamps and recording fees to record the conveying
instruments thatit will receive at closing. The conveying party shall pay the costs of recording any corrective
instruments required to insure title to the receiving party.
11.RESTRICTIONS, EASEMENTS, LIMITATIONS: The parties shall take title to the respective
property interests described herein subject to restrictions in matters appearing on the plat where applicable,
public utility easements of record, and taxes levied subsequent to delivery of possession, if such are levied
due to failure of either party to obtain their respective exemption.
12.SUCCESSORS AND ASSIGNS:The covenants, provisions and agreements herein
contained shall in every case be binding on and inure to the benefit of the parties hereto, respectively, and
their respective successors and/or assigns.
13.OTHER AGREEMENTS: No prior or present agreements or representations shall be
binding upon either party unless included in this Agreement. No modification orchange in this Agreement
shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound
thereby. Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control
all printed provisions of this Agreementin conflict therewith.
14.BROKERAGE COMMISSIONS: Each party represents to the other that no person or firm
has acted as broker in this transaction.
15.WARRANTIES AND REPRESENTATIONS:
A. The parties mutually represent each to the other that, to the best of their knowledge,
during the period of their respective ownership, that toxic chemicals, hazardous substances (including
hazardous wastes) or substances likely to infiltrate the soil or groundwater have not been spilled or buried on
the Exchange Property.
B. The parties represent and warrant each to the other that to the best of their knowledge,
none of the Exchange Property is in violation of any federal, state or local law, rule, ordinance or regulation
relating to hazardous substances or wastes, or to environmental conditions on, under or about the property,
including, but not limited to, soil and groundwater condition.
C. The parties represent and warrant each to the other that there is no pending or
threatened condemnation or similar proceeding affecting their respective property or any portion thereof, nor
have they any knowledge that any such action is presently contemplated by the parties.
D. The parties make no other representations to each other regarding the Exchange
Propertyother than marketability of title, including but not limited to the suitability of the properties for the
intended uses of the respective parties.
3
16.RADON GAS DISCLOSURE: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed
to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from your county public
health unit.
17.COMPLIANCE WITH LAWS: To each party’s knowledge, each has complied with all
applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to and affecting their
respective Exchange Property. Performance of this Contract will not result in any breach of, or constitute
any default under, or result in the imposition of any lien or encumbrance upon the Exchange Property of
either party under any agreement or other instrument to which the respective party or property might be
bound.
18. PENDING LITIGATION: The parties further covenant with each otherthat there are no legal
actions, suits or other legal or administrative proceedings affecting the Exchange Property or any portion
thereof, nor has either party knowledge that any such action is presently contemplated.
19.RISK OF LOSS: The risk of loss or damage to any of the Exchange Property by fire or
otherwise, until the delivery of the deed or conveyance, is assumed by the party in title.
20.DEFAULT: If either party fails to perform this Agreement within the time specified, other
than failure to render the title marketable after diligent effort, the other party, at its option, may proceed in
equity to enforce its rights under the Agreement or release all parties from all obligations hereunder; or the
injured party may seek specific performance without waiving any action for damages resulting from the
defaulting party’s breach. Failure or refusal of either party to execute the deeds and other documents
required hereunder shall be deemed a default on the part of that party.
21. MISCELLANEOUS PROVISIONS: This Agreement may be executed in several
counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same
Agreement. Whenever the context hereof shall so require, the singular shall include the plural, the male
gender shall include the female gender and the neuter, and vice versa. In case any one or more of the
provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect by a court of competent jurisdiction, such invalidity, illegality or illegal or unenforceable provision
shall not effect the validity of any other provision, and the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by the parties subsequent to the expungement of the invalid
provision or provisions. The parties hereby agreethat each has played an equal part in the negotiations and
drafting of this Agreement, and in the event any ambiguities should be realized in the construction or
interpretation of this Agreement, the result of those ambiguities shall be equally assumed and realized by
each of the parties to the Agreement. The waiver of one or more defaults by any party to this Agreement
shall not be deemed a waiver of any subsequent default of that provision of the Agreement, or of a default
under any other provision of this Agreement.
22.NOTICES: Any notice to be given or to be served upon any party hereto, in connection with
this Agreement, must be in writing and may be given in person or by certified mail, and shall be deemed to
have been given and received when a certified letter containing such notice, properly addressed, with
postage prepaid, is deposited in the United States mail; and, if given otherwise than by certified mail, it shall
be deemed to have been given when delivered to and received by the party to whom it is addressed. Such
notices shall be given to the parties hereto at the following address:
FOR THE CITY:FOR THE CRA:
William B. Horne, II, City Manager Rod Irwin, Executive Director
City of Clearwater Community Redevelopment Agency ofthe
P. O. Box 4748 City of Clearwater
Clearwater, FL 33758-4748 112 South Osceola Avenue
Clearwater, Florida 33756
4
23. MERGER BY DEED: All covenants, warranties and representations contained herein shall
mergewith delivery and acceptance of the deeds and other instruments of conveyance by the parties hereto.
Each shall hold the other forever harmless thereafter.
24. ENTIRE AGREEMENT: Upon execution by the parties, this Agreement shall constitute the
entire Agreement between the parties, and shall supercede any and all prior and contemporaneous written
and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements,
memoranda and writings shall be merged herein. Any changes to be made in this Agreement shall only be
valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
IN WITNESS WHEREOF, and in acknowledgment of its approval by the respective governing bodies
of the parties, their duly authorized officials have hereunto executed this Agreement For Exchange of Real
Property the day and year first above written.
COMMUNITY REDEVELOPMENT AGENGY
OF THE CITY OF CLEARWATER, FLORIDA
By: ________________________________________
George N. Cretekos, Chairperson
Approved as to form: Attest:
_____________________________________________________________________________
Pamela K. Akin, City Attorney Rosemarie Call, CityClerk
Countersigned: CITY OF CLEARWATER, FLORIDA
_____________________________________ By: _______________________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approvedas to form: Attest:
_____________________________________ _______________________________________
Pamela K.Akin,City Attorney Rosemarie Call, City Clerk
L1 1
:21.42'
L2 6
:25.71'
Point of Beginning
Line Direction Length
L3 1
:27.08'
L4 6
(4.77'
Point of Commencement
SE Corner of Parcel 64 (P-64)
"Mediterranean Village in the Park"
Plat Book 125, Page 44-46
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(32.70'
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(26.04'
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(46.67'
L6
L5
L4
L7 L8
Prospect Lake
Proposed Prospect Lake Development
Previously Vacated Right-of-Way
Pr
e
v
i
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u
s
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L1
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Point of Beginning
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:
L3
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Point of Commencement
SE Corner of Parcel 64 (P-64)
"Mediterranean Village in the Park"
Plat Book 125, Page 44-46
Prospect Lake
Proposed Prospect Lake Development
L1 1
:21.42'
L2 6
:
Line Direction Length
L3 1
(
L4 6
(
22.12'
14.01'
25.34'
Deeded from City to CRA in 2006
Town Pond 42,019 S.F.25,462 S.F.
S PROSPEC
T AV
E
CLEVELAND ST
EWING AVE
S MARTIN LUTHER KING, JR. AVE
COURT ST
PIERCE ST
PARK ST
PADUA LN
FR ANKLIN ST
PARK ST
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.287A 15-29s-15e05/15/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
HUD Special Project Grant B-00-SP-FL-0088D;Disposition of Real Property
Legend
Property to be deeded from City to CRAunder proposed Exchange Agreement
City Owned Property subject to HUD &stormwater reimbursement
Total Development Project Area
CRA O wned
CITY Owned (Stormwater)
Property acquired with assistance of HUD grant
Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\HUD Special Project Grant_Prospect Lake2.pdf.mxd
Property to be deeded from CRA to City
1
PREPARED BY AND RETURN TO:
Tina M. Fischer, Esq.
Fletcher & Fischer, P.L.
501 E. Kennedy Blvd., Suite 802
Tampa, FL 33602
________________________________________________________________________
QUIT CLAIM DEED
THIS QUITCLAIM DEED is made as of July___, 2014, by DIMMITT CAR
LEASING, INC, a Florida corporation ("Grantor"), having its principal place of business in the
County of Pinellas, State of Florida to and in favor of CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation ("Grantee"), whose address is 112 S. Osceola Ave., Clearwater,
FL 33756. (Wherever used herein the terms “grantor” and “grantee” include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations.)
W I T N E S S E T H :
That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration in hand paid by Grantee to Grantor, the receipt,
adequacy and sufficiency of which are hereby acknowledged, by these presents does hereby
remise, release, and quit-claim unto the Grantee, all the right, title, interest, claim and demand, if
any, which Grantor may have in and to that certain real property situate in Pinellas County,
Florida, described hereto and made a part hereof (the "Property");
That certain vacated alley lying and being South of and
adjacent to the West 1/2 of Lot 5, Block 3, MAGNOLIA
PARK, according to the plat thereof, recorded in Plat Book 3,
Page 43, of the Public Records of Pinellas County, Florida.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity, and claim whatsoever of Grantor, if any, either in law or in equity, to the use, benefit and
profit of Grantee forever.
2
IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed as of the date
first above written.
WITNESSES:
Print Name:
Print Name:
GRANTOR:
DIMMITT CAR LEASING, INC., a Florida
corporation
By:
Name: Eileen Dimmitt Magidson
Title: Vice President and Secretary
STATE OF FLORIDA
COUNTY OF PINELLAS
I hereby certify that the foregoing instrument was acknowledged before me this ____day
of July____, 2014, by Eileen Dimmitt Magidson, as the Vice President and Secretary of
DIMMITT CAR LEASING, INC, a Florida corporation, on behalf of said entity. She [__] is
personally known to me, or [__] has produced _____________________________as
identification.
Affix Notary Stamp/Seal Below:
NOTARY PUBLIC - signature above
Print Name:
My commission expires:
Resolution No. 14-28
RESOLUTION NO. 14-28
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE TRANSFEROF CERTAIN
CITY-OWNED PROPERTY,AS MORE PARTICULARLY
DESCRIBED HEREIN, TO THE COMMUNITY
REDEVELOPMENT AGENCY VIASPECIAL WARRANTY
DEED IN THE FORM ATTACHED HERETO;AND
AUTHORIZING APPROPRIATE OFFICIALS TO EXECUTE
SAID WARRANTY DEED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City and CRA’s redevelopment strategy emphasizes the creation
of a significant residential concentration in andaround the downtown core, to create the
support for a retail and recreation destination environment in the Cleveland Street
District. In addition, the City’s Economic Development Strategic Plan calls for the
growth/support of employment opportunities as part of the CRA’s Technology District
and its software/information technology industry cluster. The CRA views the
development of the Cleveland Street and Prospect Lake Park site as a major
opportunity to further these strategies by adding a mixed-use project that activates the
street and creates living opportunities for the District’s workforce; and
WHEREAS, the CRA released a Request for Proposals/Qualifications (RFP/Q)
12-13 on February 19, 2013 with the goal of selecting a qualified Development Team to
successfully develop the 5.91+/-acre site located on Cleveland Street and Prospect
Avenue in Downtown Clearwater, one block east of the Downtown Core; and
WHEREAS, the successful proposal was submitted by Prospect Park
Development, LLC (Developer). Theproposal consists of 257 market-rate rental
dwelling units and up to 24,000 sq. ft. of allowable ground floor retail. Approximately 7 of
these units will be Live/Work units fronting Cleveland Street, which will be composed of
a retail/office space and a residential component. The project will have 300 parking
spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing
office, and business center); and
WHEREAS, on June 10, 2014, the CRA and the Developer entered into the
Agreement for Development and Purchase and Sale of Property (Development
Agreement). The Development Agreement requires that the CRA is, or will be, the
owner of the project site by the closing date. The City owns approximately 77,834
square feet of property (City Parcel) within the project site. The CRA owns
approximately 3,829 square feet of property (CRA Parcel) that it will no longer need
following the transfer of property to the Developer. The CRA Parcel is not located within
the project site and is adjacent to City-owned property. The proposed Exchange
Agreement stipulates that the City will transfer the City Parcel to the CRA and the CRA
will transfer the CRA Parcel to the City; and
2 Resolution No. 14-28
WHEREAS, the City Parcel was acquired by the City with assistance of a grant
from the United States Department of Housing and Urban Development (HUD). HUD
will be reimbursed for a portion of this grant to remove any grant-related restrictions
from the City Parcel. The reimbursement amount has not been determined, however,
will not exceed $301,303 and will be confirmed by HUD after closing of the sale of the
Prospect Lake Park development site. The CRA will transfer the appropriate amount to
the City from these sales proceeds as compensation for the land transfer. The City will
then provide reimbursement to HUD; and
WHEREAS, the Developer’s Title Company requires that the Warranty Deed for
the property being conveyed to the CRA include a Resolution of the City of Clearwater
authorizing such sale or transfer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The transfer to the City of Clearwater Community Redevelopment
Agency of thecity-owned property described in the Special Warranty Deed attached
hereto asExhibit A, ishereby authorized and approved.
Section 2. The Mayor and City Manager are authorized to execute saidSpecial
Warranty Deed, with the City Clerk attesting thereto.
Section 3. By executing this resolution, the City Attorney hereby certifies the
proper adoption of this Resolution by the governing body of the City of Clearwater.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7th day of August, 2014.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
RETURN TO:
Office of Official Records
And Legislative Services
City of Clearwater
P. O. Box 4748
Clearwater, FL33758 -4748
THIS INDENTURE madethis _____ day of ____________________,2014,by and
between the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida,
party of the first part, andthe COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida, party of the
second part,whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756.
WITNESSETH,that the party of the first part, for and in consideration of the sum of Ten
Dollars ($10.00)and other good and valuable consideration, to it in hand paid by said party of the
second part, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold, conveyed and confirmedunto the party of the second part, and to its successors and assigns
forever, all of the following piece, parcel, lot or tract of land, situate, lying and being in the County of
Pinellasand State of Florida, and described more particularly as follows, to wit:
See EXHIBIT “A”appended hereto and by this reference made a part hereof.
TOGETHER WITH all and singular the tenements, hereditaments and appurtenances
thereunto belonging or appertaining, and every right, title or interest, legal or equitable, of the said
party of the first part in and to the same.
TO HAVE AND TO HOLD,thesame unto the said party of the second part, its heirs and
assigns, to its own proper use, benefit and behoof forever.
IN WITNESS WHEREOF,the said party of the first parthas caused these presents to be
executed in its name, and its corporate seal tobe hereunto affixed, by its proper officers thereunto
duly authorized, the day and year first above written.
SPECIAL WARRANTY DEED
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________________ By:_________________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form Attest:
__________________________________ ________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared George N. Cretekos, the Mayorof the
City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be hisfree act and deed for the use and purposes herein set forth, and who is
personally known to me.
WITNESS my hand and official seal this______ day of _______________________ 2014.
______________________________________
Notary Public –State of Florida
Print/type name:_________________________
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager
of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be hisfree act and deed for the use and purposes herein set forth, and who is
personally known to me.
WITNESS my hand and official seal this______ day of _______________________ 2014.
______________________________________
Notary Public –State of Florida
Print/type name:_________________________
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Previously Vacated Right-of-Way
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-320
Agenda Date: 8/4/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Approve the revised Interlocal Agreement for the unification of the Metropolitan Planning
Organization (MPO) and the Pinellas Planning Council (PPC), authorize the appropriate
officials to execute same and adopt Resolution 14-27.
SUMMARY:
On July 15, 2014 the Metropolitan Planning Organization (MPO) sent a letter to the all local
governments in Pinellas County, including the City of Clearwater and the Pinellas Suncoast
Transit Authority (PSTA), requesting that they execute the revised Interlocal Agreement for
the unification of the MPO and the Pinellas Planning Council (PPC).
The purpose of the Interlocal Agreement is to take two separate entities, the MPO and the
PPC, and unify them into a single entity that will be more efficient by eliminating duplication of
efforts and reducing overall costs.
The original Interlocal Agreement was sent to all local governments on March 19, 2014 but
after some concerns from the City of St. Petersburg, the Florida Department of Transportation
(FDOT) agreed to revise the agreement to incorporate the changes requested by the City of
St. Petersburg. The City of Clearwater never executed the original March 19, 2014 agreement
since there were revisions taking place.
The MPO has requested that all local governments in Pinellas County disregard the original
March 19, 2014 agreement and approve the revised Interlocal Agreement by the end of
August 2014 so that they can seat the new board at their September 10, 2014 meeting.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/7/2014
Resolution No. 14- 27
RESOLUTION NO. 14-27
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE FORM OF AND EMPOWERING
APPROPRIATE OFFICIALS WITH THE AUTHORITY TO
EXECUTE A REVISED INTERLOCAL AGREEMENT THAT
PROVIDES FOR THE UNIFICATION OF THE METROPOLITAN
PLANNING ORGANIZATION (MPO) AND THE PINELLAS
PLANING COUNCIL (PPC) INTO A SINGLE ENTITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 15, 2014 the Metropolitan Planning Organization (MPO) sent a letter to
the all local governments in Pinellas County, including the City of Clearwater and the Pinellas
Suncoast Transit Authority (PSTA), requesting that they execute the revised Interlocal
Agreement (the Interlocal Agreement) for the unification of the MPO and the Pinellas Planning
Council (PPC);
WHEREAS, the purpose of the Interlocal Agreement is to take two separate entities, the MPO
and the PPC, and unify them into a single entity that will be more efficient by eliminating
duplication of efforts and reducing overall costs;
WHEREAS, the original Interlocal Agreement was sent to all local governments on March 19,
2014 but after some concerns from the City of St. Petersburg, the Florida Department of
Transportation (FDOT) agreed to revise the agreement to incorporate the changes requested by
the City of St. Petersburg. The City of Clearwater never executed the original March 19, 2014
agreement since there were revisions taking place; and
WHEREAS, the MPO has requested that all local governments in Pinellas County disregard
the original March 19, 2014 agreement and approve the revised Interlocal Agreement by the
end of August 2014, so that they can seat the new board at their September 10, 2014 meeting;
now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. Authority. This Resolution is adopted pursuant to the provisions of
Section 163.01, Florida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida;
Chapter 166, Florida Statutes; and other applicable provisions of law (collectively, the "Act").
SECTION 2. Authorization of the Form of the Interlocal Agreement. The form of the
Interlocal Agreement, which is attached hereto as Exhibit A, is hereby authorized. The form of
the Interlocal Agreement is hereby approved, subject to such changes, insertions and omissions
and such filling of blanks therein as may be approved and made in such form by the officers of
the County and the City executing the same, such execution and delivery to be conclusive
evidence of such approval.
Resolution No. 14-27 2
SECTION 3. Authorization to Execute. The Mayor and the City Clerk are hereby
authorized and empowered to execute the Interlocal Agreement in substantially the form
attached hereto, subject to such changes, modifications, additions, deletions and substitutions
which do not materially affect the substance thereof as such officers executing the same shall
approve, such execution to be conclusive evidence of such approval and to affix thereto or
impress thereon the seal of the City.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this _______ day of _____________, 2014.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo A. Soto Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-389
Agenda Date: 8/7/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Approve the Release (Release) for the purpose of discharging certain rights in favor of the
City over previously vacated right-of-way lying within the Prospect Lake development site and
authorize the appropriate officials to execute same.
SUMMARY:
On June 10, 2014, the Community Redevelopment Agency (CRA) and Prospect Park
Development, LLC (Developer) entered into the Agreement for Development and Purchase
and Sale of Property (Development Agreement). The Development Agreement requires that
the CRA is, or will be, the owner of the project site by the closing date. The City is proposing
to transfer approximately 77,834 square feet of property (City Parcel) to the CRA so the CRA
can sell the property to the Developer in accordance with the Development Agreement.
It has been determined that there may be a cloud in title to the City Parcel. On May 18, 1978,
prior to the City owning the City Parcel, the City passed and adopted Ordinance 1777 vacating
certain right-of-way, a portion of which now lies within the City Parcel. A document titled
Covenant Running with the Land (Covenant) was recorded as public record along with
Ordinance 1777. The Covenant grants the City the right to reacquire the property within the
vacated area if the City determines, at a future time, that the property is ever needed for use
as public right-of-way. The proposed Release will release, acquit and forever discharge any
and all rights that the City may have under the Covenant. The Release will eliminate the cloud
in title.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/7/2014
RELEASE
This Release is executed by the City of Clearwater ("City") on this ____th day of
August, 2014, to wit:
WHEREAS, the Community Redevelopment Agency of the City of Clearwater,
Florida is selling certain property more fully described in Exhibit "A" (the
"Property") pursuant to that certain Agreement for Development and Purchase and
Sale of Property Between The Community Redevelopment Agency of the City of
Clearwater Florida and Prospect Park Development, LLC dated June 10, 2014; and
WHEREAS, a portion of the property to be conveyed is burdened by that certain
Covenant Running With the Land ("CCR") related to an earlier alleyway vacation
recorded at OR Book 4699 Page 143 in the Public Records of Pinellas County,
Florida pursuant to which the City may retain certain rights to reacquire certain
lands for right of way and to require structures located thereon to be torn down;
and
WHEREAS, the City does not anticipate the need for additional right of way in the
location specified in the CCR and has agreed to release any remaining rights it
retains under the CCR.
NOW, THEREFORE, in consideration of the foregoing, the City hereby agrees to the
following:
1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
2. Release. The City, on behalf of itself, and anyone claiming by or through or
under the City, hereby releases, acquits and forever discharges any and all rights
arising under the CCR and on behalf of itself and all such parties, agrees not to
enforce the CCR against any owner of the Property.
IN WITNESS WHEREOF, the City acting by and its duly authorized and
empowered officers and representatives, has executed and sealed this Release the
day and year first written.
THE CITY OF CLEARWATER, FLORIDA
By: _________________________
Mayor
Approved as to form: Attest:
________________________ ______________________________
Pamela K. Akin Rosemarie Call
City Attorney
EXHIBIT A
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 43 PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE
OF MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT
BOOK 125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN
VILLAGE IN THE PARK, THE FOLLOWING THREE COURSES: SOUTH 00°02'16"
WEST, 8.16 FEET; THENCE NORTH 89°57'44" WEST, 21.42 FEET; THENCE SOUTH
00°17'21" WEST, 52.12 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF
PARK STREET; THENCE LEAVING THE SAID BOUNDARY LINE OF
MEDITERRANEAN VILLAGE IN THE PARK AND ALONG THE SAID SOUTH RIGHT OF
WAY LINE OF PARK STREET, SOUTH 89°39'49" EAST 288.90 FEET TO A POINT ON
THE WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE;
THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF PARK STREET AND
ALONG THE SAID WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER KING, JR.
AVENUE, SOUTH 00°04'00" WEST 264.88 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF PIERCE STREET; THENCE LEAVING THE SAID WEST RIGHT OF
WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE AND ALONG THE SAID
NORTH RIGHT OF WAY LINE OF PIERCE STREET AND THE EXTENSION THEREOF,
NORTH 89°39'04" WEST 386.83 FEET; THENCE LEAVING THE SAID EXTENSION OF
THE NORTH RIGHT OF WAY LINE OF PIERCE STREET, NORTH 05°34'56" WEST
61.39 FEET; THENCE NORTH 15°56'32" WEST, 122.03 FEET; THENCE NORTH
29°12'41" WEST, 115.70 FEET; THENCE NORTH 53°04’15” WEST, 52.08 FEET;
THENCE NORTH 89°54'47" WEST, 252.52 FEET TO A POINT ON THE EAST RIGHT
OF WAY LINE OF SOUTH PROSPECT AVENUE; THENCE ALONG THE SAID EAST
RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE, NORTH 00°05'13" EAST,
251.17 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF CLEVELAND
STREET, SAID POINT BEING THE NORTHWEST CORNER OF TRACT 2 OF SAID
MEDITERRANEAN VILLAGE IN THE PARK; THENCE LEAVING THE SAID EAST
RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE, ALONG THE SAID SOUTH
RIGHT OF WAY LINE OF CLEVELAND STREET, SOUTH 89°41'20" EAST, 647.02
FEET TO A POINT ON THE WEST LINE OF THE EAST 50 FEET OF BLOCK 5, MRS.
SARAH MCMULLEN’S SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 41,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING THE SAID
SOUTH RIGHT OF WAY LINE OF CLEVELAND STREET, ALONG THE SAID WEST
BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, SOUTH 00°03'59" WEST,
235.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF PARK STREET;
THENCE LEAVING THE SAID WEST BOUNDARY LINE OF THE EAST 50 FEET OF
BLOCK 5, ALONG THE SAID NORTH RIGHT OF WAY LINE OF PARK STREET, NORTH
89°41'20" WEST, 137.10 FEET TO THE POINT OF BEGINNING. CONTAINING
279,998 SQUARE FEET (6.428 ACRES) MORE OR LESS.