09/15/2014Monday, September 15, 2014
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Worksession
Work Session Agenda
September 15, 2014Council Worksession Work Session Agenda
1. Call to Order
2. Presentations
Service AwardsID#14-4092.1
3. Office of Management and Budget
Amend the City’s fiscal year 2013/14 Operating and Capital
Improvement Budgets at third quarter and pass Ordinances 8601-14
and 8602-14 on first reading.
8601-143.1
4. Economic Development and Housing
Approve the third amendment to the Management Agreement between
the City of Clearwater and the Clearwater Regional Chamber of
Commerce, Inc. to extend the Agreement for a one-year period,
authorize funding in the amount of $50,000 in Fiscal Year 2014-2015 for
the operation of the Beach Visitor Information Center (BVIC), and
authorize the appropriate officials to execute same. (consent)
ID#14-4544.1
Approve a one-year Grant Funding Agreement, in the amount of
$166,993 between Jolley Trolley Transportation of Clearwater, Inc. and
the City of Clearwater for the operation of transportation and trolley
service on Clearwater Beach, Island Estates and Sand Key (Beach
Route) and the Coastal Route, and authorize the appropriate officials to
execute same. (consent)
ID#14-4604.2
Provide direction regarding the City’s participation in projects applying to
the 2014 Cycle of the State of Florida’s Low Income Housing Tax Credit
program. (WSO)
ID#14-4574.3
5. Human Resources
Agree to Equal Employment Opportunity Commission (EEOC)
conciliation agreement between Rose Lara and the City of Clearwater
and settle the case for $50,000 and authorize the appropriate officials to
execute same. (consent)
ID#14-4875.1
6. Parks and Recreation
Amend Section 22.90 of the City of Clearwater Code of Ordinances, to
allow for additional special events alcohol permits in the downtown area
of Clearwater between Drew Street and Pierce Street, North and South
and between Myrtle Street and the waterfront and allow for metal
containers at special events and pass Ordinance 8600-14 on first
reading.
ID#14-4786.1
Page 2 City of Clearwater Printed on 9/12/2014
September 15, 2014Council Worksession Work Session Agenda
7. Police Department
Approve the renewal of a Software Support Agreement for the TriTech
System, in the amount of $168,862.71, for a 12-month period beginning
October 1, 2014 and ending September 30, 2015 and authorize the
appropriate officials to execute same. (consent)
ID#14-4107.1
Approve an Interlocal Agreement between the Clearwater Community
Redevelopment Agency (CRA) and the City of Clearwater to provide
CRA funding in Fiscal Year 2014/2015 in the amount of $168,788.10 to
underwrite the cost of additional Community Policing Services by the
Clearwater Police Department in the East Gateway CRA District,
pursuant to the East Gateway Five-Year Action Program for fiscal years
2012-2017. (consent)
ID#14-4247.2
Approve a contract in the amount of $406,175.40 with the Pinellas
County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene
processing, evidence and property storage and Pinellas Juvenile
Assessment Center services, during the one-year contract period
commencing October 1, 2014 through September 30, 2015 and
authorize the appropriate officials to execute same. (consent)
ID#14-4267.3
8. Engineering
Amend Section 30.060(4) of the Clearwater Code of Ordinances to
provide for the ability to electronically send the Florida Dept. of Highway
Safety and Motor Vehicles (DMV) data listing persons or entities with
three or more outstanding parking violations and pass Ordinance
8599-14 on first reading.
ID#8599-148.1
Approve an amendment to Southwest Florida Water Management
District (SWFWMD) agreement for the Smallwood Circle Stormwater
Improvements Project (N395) extending the contract expiration date to
September 30, 2015 and authorize the appropriate officials to execute
same. (consent)
ID#14-4558.2
Approve the vacation of a portion of Brownell Street, a city right-of-way,
and pass Ordinance 8592-14 on first reading, (VAC2014-01 Fire Station
45).
ID#14-4618.3
Approve a Supplemental Work Order to Harvard Jolly, Inc., Architect of
Record (AOR), for Threshold Inspections necessary for the construction
of Countryside Branch Library (11-0059-LI), in the amount of $10,560
and authorize the appropriate officials to execute same. (consent)
ID#14-4688.4
9. Fire Department
Approve the Emergency Medical Services ALS First Responder
Agreement between Pinellas County and City of Clearwater for a three
ID#14-3519.1
Page 3 City of Clearwater Printed on 9/12/2014
September 15, 2014Council Worksession Work Session Agenda
year term extending until September 30, 2017 and authorize the
appropriate officials to execute same. (consent)
Approve the Fire Protection Services Agreement between Pinellas
County Fire Protection Authority and City of Clearwater for a three-year
term beginning October 1, 2014 through September 30, 2017 and
authorize the appropriate officials to execute same. (consent)
ID#14-3659.2
10. Planning
Approve the annexation, initial Future Land Use Map designation of
Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1260 Palm Street (Lot
24, Block A, Cleardun in Section 3, Township 29 South, Range 15 East)
and 1283 Palm Street (Knight’s Acres Lots, Lot 17, N. 18.4ft of Lot 18 in
Section 3, Township 29 South, Range 15 East) together with the
abutting rights-of-way of Palm Street and N. Betty Lane; and pass
Ordinances 8581-14, 8582-14 and 8583-14 on first reading.
(ANX2014-07012)
ANX2014-0
7012
10.1
Approve the Annexation, Initial Land Use Plan Designation of Industrial
General (IG) and Initial Zoning Atlas Designation of Industrial, Research
and Technology (IRT) District for 1710 Calumet Street (Metes and
Bounds Tract 34/271 in Section 01, Township 29 South, Range 15 East)
along with the ingress/egress easement of Calumet Street; and pass
Ordinances 8588-14, 8589-14 and 8590-14 on first reading.
(ANX2014-07010)
ANX2014-0
7010
10.2
Approve a Development Agreement between Mainstream Partners VIII,
LTD (the property owner) and the City of Clearwater, providing for the
allocation of 100 units from the Hotel Density Reserve under Beach by
Design; adopt Resolution 14-25, and authorize the appropriate officials
to execute same. (HDA2013-08006)
ID#14-48810.3
Approve a Development Agreement between Alanik Properties; Anco
Holdings, LLC; Nikana Holdings, LLC (the property owners) and the City
of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design; adopt Resolution 14-29, and
authorize the appropriate officials to execute same. (HDA2014-06004)
ID#14-48910.4
Approve a second amendment to the first amended and restated
Development Agreement between K and P Clearwater Estate, LLC (the
property owner) and the City of Clearwater, adopt Resolution 14-30, and
authorize the appropriate officials to execute same. (DVA2014-07005)
ID#14-50310.5
11. Information Technology
Award a contract (Purchase Order) to Verizon Wireless for basic
cellular/smart phones and mobile data services for the period of
November 1, 2014 through October 31, 2015 in an amount not to
ID#14-47711.1
Page 4 City of Clearwater Printed on 9/12/2014
September 15, 2014Council Worksession Work Session Agenda
exceed $331,600 in accordance with Sec 2.564 (1) (d), Code of
Ordinances, under State Contract DMS-1011-008C, and authorize the
appropriate officials to execute same. (consent)
Award a contract (Purchase Order) to Verizon, Florida, Inc., St.
Petersburg, Florida for telephone service including frame relay service,
T1’s, credit/collect calls and backup trunks during the period of October
1, 2014 to September 30, 2015 at a cost not to exceed $123,095, in
accordance with Sec 2.564 (1) (e) Code of Ordinances, impractical to
bid, and authorize the appropriate officials to execute same. (consent)
ID#14-47911.2
Award a contract (Purchase Order) to Oracle America, Inc., Redwood
Shores, California for the period of October 1, 2014 to September 30,
2015 for software maintenance at a cost not to exceed $264,300, in
accordance with Sec. 2.564 (1) (b) Code of Ordinances, sole source,
and authorize the appropriate officials to execute same. (consent)
ID#14-48011.3
Award a contract (Purchase Order) to State of Florida, Department of
Management Services, Tallahassee, Florida for Suncom long distance
service, State AIN Centranet lines and toll free lines during the period of
October 1, 2014 to September 30, 2015 at a cost not to exceed
$103,565 in accordance with Sec 2.564 (1) (d), Code of Ordinances,
under State Contract 730-000-09-1, and authorize the appropriate
officials to execute same. (consent)
ID#14-48111.4
12. Public Communications
2014 National Citizen Survey Results (WSO)ID#14-49212.1
13. Official Records and Legislative Services
Appoint Caitlein Jayne Jammo to the Clearwater Housing Authority
Board with term to expire September 30, 2018. (consent)
ID#14-41213.1
Appoint one member to the Environmental Advisory Board with term to
expire September 30, 2018.
ID#14-41313.2
14. Legal
Approve the Release and Termination of restrictions executed by Forrest
Garrison as owner upon certain privately owned land located in the NE
1/4 of the SE 1/4, Section 19-29-16 (Far Horizons Mobile Home Park),
whose post office address is 18746 U.S. Highway 19 North, which were
originally accepted by the Clearwater City Commission on May 20, 1976,
and authorize the appropriate officials to execute same. (consent)
ID#14-46614.1
Adopt Ordinance 8584-14 on second reading, declaring the millage rate
to be levied for the Fiscal Year beginning October 1, 2014 and ending
September 30, 2015, for operating purposes, including the funding of
pensions, debt services, and road maintenance for Capital Improvement
8584-14
2nd rdg
14.2
Page 5 City of Clearwater Printed on 9/12/2014
September 15, 2014Council Worksession Work Session Agenda
expenditures at 5.1550 mills. The levy of 5.1550 mills constitutes a
5.92% increase from the rolled back rate of 4.8667 mills.
Adopt Ordinance 8585-14 on second reading, adopting an Operating
Budget for the Fiscal Year beginning October 1, 2014 and ending
September 30, 2015, authorizing the City Manager to issue such
instructions that are necessary to achieve and accomplish the service
programs so authorized; authorizing the City Manager to transfer monies
and programs among the departments and activities within any fund as
provided by Chapter 2 of the Clearwater Code of Ordinances.
8585-14
2nd rdg
14.3
Adopt Ordinance 8586-14 on second reading, adopting the Capital
Improvement Budget for the Fiscal Year beginning October 1, 2014 and
ending September 30, 2015, approving the six-year Capital
Improvement Program which shall be reevaluated at the beginning of
each Fiscal Year; authorizing the City Manager to issue such instructions
that are necessary to achieve and accomplish the capital improvements
so authorized; authorizing the City Manager to transfer money between
projects in the Capital Improvement Program; appropriating available
and anticipated resources for the projects identified.
8586-14
2nd rdg
14.4
15. City Manager Verbal Reports
16. City Attorney Verbal Reports
17. Council Discussion Item
18. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
19. Closing Comments by Mayor
20. Adjourn
21. Presentation(s) for Council Meeting
Constitution Week Proclamation - Elizabeth Warner of the Daughters of
the American Revolution
ID#14-45021.1
Day of Remembrance for Murder Victims Proclamation - Yolanda
Cowart, Springtime Club
ID#14-49021.2
Safety Review Results for Gulf to Bay Boulevard and Belcher Road -
Peter Hsu, FDOT Asst. District Traffic Ops Engineer
ID#14-49121.3
Page 6 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-409
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Worksession
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Nicole Kennedy Library
Timothy Jones Solid Waste
Terrance Scott Solid Waste
Carol Frahmann Library
Jacqueline Lewis Gas
Leroy Bostick Solid Waste
10 Years of Service
Theodore Mellis Engineering/Traffic
Scott Rhodes Solid Waste
Charles Shuman General Services
15 Years of Service
Edith Jones Public Utilities
Eric Kleinman Parks and Recreation
Leroy Chin Parks and Recreation
Joseph Farrar Solid Waste
Chad Reed Police
Matthew Dupree Police
20 Years of Service
Joseph Hill Solid Waste
Loren Pratt Public Utilities
25 Years of Service
Michael Mitchell Solid Waste
Stephen Sarnoff Solid Waste
30 Years of Service
Tina Wilson Office of Management & Budget
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-409
Page 2 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8601-14
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Office of Managment & Budget
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at third
quarter and pass Ordinances 8601-14 and 8602-14 on first reading.
SUMMARY:
The fiscal year 2013/14 Operating and Capital Improvement Budgets were adopted in
September 2013 by Ordinances 8476-13 and 8477-13. Section 2.521 of the City’s Code of
Ordinances requires the City Manager to prepare a quarterly report detailing income,
expenditure estimates, collections, the explanation of significant variances, as well as the
financial status of all capital improvement projects. The memorandum and the accompanying
report provide this information and outline the issues at third quarter that require amendment.
Page 1 City of Clearwater Printed on 9/12/2014
Third Quarter Budget Review
Fiscal 2013-14
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horne, City Manager
COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report
DATE: September 5, 2014
Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances.
The report is based on nine months of activity (October, 2013 through June, 2014) in this fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $3,300,019.
The major reason for the overall General Fund expenditure increase at third quarter is the budget increase of
$2,168,265 in Police and Fire for the supplemental pension plans which is offset by plan revenue.
Historically, these revenues and expenditures were reflected in a separate fund, but the Government Finance
Officers Association (GFOA) requires that the supplemental plans be reflected in the General Fund.
Amendments include appropriations of General Fund retained earnings at third quarter which include
$545,000 to fund the buyback of prior service credit for certain hazardous duty contract employees,
$237,870 to reimburse the Stormwater Fund for surplus land, $40,000 in funding for the Countryside
Library Renovation project, and $28,200 to fund the HDR Engineering contract; all of which were
previously approved by the council. Also included is an appropriation of $50,000 from General Fund
retained earnings to fund an EEOC settlement which is on the Council agenda for September 18, 2014. An
allocation of $186,130 in General Fund retained earnings is also recognized at third quarter to fund the
retirement payouts of long term employees in the City Attorney’s Office, Office of Management and Budget
and Parks and Recreation. Other expenditure increases include $34,048 for professional services in the City
Attorney’s Office which is offset by a reimbursement from the Clearwater Marine Aquarium; and $17,046
to overtime in the Police Department which is offset by reimbursements received from various agencies.
General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that
General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures
must be maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2013 books, and the allocation of reserves noted above, estimated General
Fund reserves at first quarter are approximately $19.3 million, or 16.8% of the current year’s
General Fund budget, exceeding our minimum reserve policy by $9.5 million.
Third Quarter Budget Review
Fiscal 2013-14
City Manager's Transmittal
Significant amendments to other City Operating Funds are noted as follows.
Water and Sewer Fund
Third quarter amendments to the Water and Sewer Fund reflect a net increase of $1,200,000. This
increase is the result of increased water purchases from Pinellas County due to production interruptions
related to the RO#1 Expansion and RO#2 construction projects. Fiscal year revenues of the Water and
Sewer Fund more than offset this proposed budget increase. Also reflected is an amendment recognizing
costs associated with the transfer of five electricians from Building and Maintenance which was approved
by City management in February. This amendment is offset by a decrease to building and maintenance
fixed charges leaving a zero net effect on Water and Sewer fund expenditures.
Gas Fund
Budget amendments to the Gas Fund expenditures reflect a net increase of $337,670. This is primarily
the result of increases to various operating expenditures including; resale purchases, fuel, operating
supplies, machinery and equipment purchases, promotional activity, an increase in internal costs for
building and maintenance variable charges, and small capital purchases. All Gas Fund expenditure
increases are offset by enhanced revenue amendments which more than offset the balance of the proposed
budget increases.
Solid Waste Fund
Budget amendments to the Solid Waste Fund expenditures reflect a net decrease of $95,480.
Amendments include an increase of $48,000 to garage services due to higher than expected repair costs
which is offset by a decrease of $60,800 to dump fees and a savings of $85,850 in personal services.
Recycling Fund
Budget amendments to the Recycling Fund expenditures reflect a net decrease of $139,800 which
represent reductions to personal services, advertising, contractual services, operating supplies and
inventory purchases. Revenue amendments represent a decrease of $16,400 in the sale of recyclables due
to the lower priced sales of single stream commodity, and increases of $7,000 to recycling fees and
$48,000 to other general revenue. An amendment recognizing a reduction of $178,400 to the estimated
use of Recycling Fund retained earnings is reflected to bring the Recycling Fund in balance at third
quarter.
Parking Fund
Third quarter amendments to the Parking Fund reflect an increase of $16,316 to expenditures in the Beach
Guard program. This includes an increase of $12,000 in garage service charges to fund higher than
expected repair costs as well as under budgeted debt costs; and an increase of $4,316 to fund the upgraded
cost of replacing a club car with a vehicle better able to handle the extreme beach conditions.
General Services Fund
Third quarter amendments to the General Services Fund reflect a decrease of $175,015 representing costs
associated with the transfer of five electricians to the Public Utilities Department which was approved by
City management in February. An offsetting decrease to Building and Maintenance Charge revenues is
also recognized to bring the General Services fund in balance at third quarter.
Garage Fund
Third quarter amendments to the Garage Fund reflect an allocation of $13,860 in Garage Fund retained
earnings to fund the retirement payout of a long term employee.
Third Quarter Budget Review
Fiscal 2013-14
City Manager's Transmittal
Capital Improvement Fund
Third quarter amendments to the Capital Improvement Fund reflect an increase of $2,095,802. This
increase is primarily a result of the following amendments: an increase of $1,000,000 to the Magnolia
Drive Outfall project and $750,000 to the Reclaimed Water Distribution System representing other
governmental revenue from SWFWMD, and an increase of $812,668 in Sales Tax Infrastructure revenue
and $40,000 in General Fund revenue for the Countryside Library Renovation project. All major project
budget increases listed above have been previously approved by Council and are also summarized on
page 20.
Project activity not previously approved by the Council, includes: a decrease of $578,504 of other
governmental revenue from SWFWMD in the Tropic Hills Phase III project due to completion of the
project under budget; an increase of $47,554 in Property Owners Share for the Expanded Energy
Conservation project; an increase of $13,180 of other governmental revenue representing reimbursement
from SWFWMD for the Reclaimed Water Distribution System project, and an increase of $9,297 in grant
revenue from the Florida Department of Environmental Protection for the Utilities Services Replacement
project.
Special Program Fund
The Special Program Fund reflects a net budget increase of $642,329 at third quarter. Significant
amendments include the recognition of over $110,000 in grant proceeds supporting programs for the
Report Review Team, Investigative Recovery Costs, and Federal Forfeiture Sharing; over $207,000 for
the special events and sponsorships programs in the last three months; over $137,000 in fines and court
proceeds to support public safety programs; and over $365,000 in revenues for police outside duty
contractual services.
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
MARINE FUND
MARINE FUND REVENUES
Intergovernmental - - 3,406 3,406 ~- -
Charges for Service 4,641,270 3,442,704 3,296,151 (146,553) -4%- 4,641,270
Judgements, Fines and Forfeits 1,000 747 1,440 693 93%- 1,000
Miscellaneous Revenue 34,000 25,703 32,547 6,844 27%- 34,000
Transfers In 5,750 5,750 5,750 - 0%- 5,750
Fund Equity 24,570 - - - ~- 24,570
TOTAL REVENUES 4,706,590 3,474,904 3,339,294 (135,610) -4%- 4,706,590
MARINE FUND EXPENDITURES
Marina Operations 4,518,410 3,324,685 3,250,102 74,583 2%- 4,518,410
TOTAL EXPENDITURES 4,518,410 3,324,685 3,250,102 74,583 2%- 4,518,410
CLEARWATER HARBOR MARINA FUND
CLEARWATER HARBOR MARINA FUND REVENUES
Intergovernmental 50,000 50,000 50,000 - 0%- 50,000
Charges for Service 506,000 379,394 456,519 77,125 20%- 506,000
Judgements, Fines and Forfeits 200 153 1,060 907 593%- 200
Miscellaneous Revenue 7,000 5,197 8,562 3,365 65%- 7,000
Transfers In 1,420 1,420 1,420 - 0%- 1,420
Fund Equity - - - - ~- -
TOTAL REVENUES 564,620 436,164 517,561 81,397 19%- 564,620
CLEARWATER HARBOR MARINA FUND EXPENDITURES
Clearwater Harbor Marina Operations 504,650 386,031 352,532 33,499 9%- 504,650
TOTAL EXPENDITURES 504,650 386,031 352,532 33,499 9%- 504,650
AIRPARK FUND
AIRPARK FUND REVENUES
Charges for Service 6,000 4,500 7,909 3,409 76%- 6,000
Miscellaneous Revenue 256,000 192,600 190,986 (1,614) -1%- 256,000
Transfers In 430 430 430 - 0%3 433
Fund Equity - - - - ~- -
TOTAL REVENUES 262,430 197,530 199,325 1,795 1%3 262,433
~
AIRPARK FUND EXPENDITURES ~
Airpark Operations 192,530 149,844 143,813 6,031 4%- 192,530
TOTAL EXPENDITURES 192,530 149,844 143,813 6,031 4%- 192,530
For The Nine Month Period of October 1, 2013 - June 30, 2014
ENTERPRISE FUNDS
THIRD QUARTER REVIEW
15
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
For The Nine Month Period of October 1, 2013 - June 30, 2014
ENTERPRISE FUNDS
THIRD QUARTER REVIEW
PARKING FUND
PARKING FUND REVENUES
Charges for Service 3,663,000 2,846,997 2,954,239 107,242 4%- 3,663,000
Judgements, Fines and Forfeits 600,000 450,000 517,405 67,405 15%- 600,000
Miscellaneous Revenue 367,000 314,203 296,514 (17,689) -6%- 367,000
Transfers In 7,010 7,010 12,620 5,610 80%- 7,010
Fund Equity 52,670 - - - ~- 52,670
TOTAL REVENUES 4,689,680 3,618,210 3,780,778 162,568 4%- 4,689,680
PARKING FUND EXPENDITURES
Engineering / Parking System 3,055,670 2,385,247 2,196,223 189,024 8%- 3,055,670
Engineering / Parking Enforcement 602,240 421,954 374,155 47,799 11%- 602,240
Parks & Rec / Beach Guards 542,570 429,955 421,505 8,450 2%16,316 558,886
TOTAL EXPENDITURES 4,200,480 3,237,156 2,991,884 245,272 8%16,316 4,216,796
HARBORVIEW FUND
HARBORVIEW CENTER FUND REVENUES
Miscellaneous Revenue 48,250 36,189 44,812 8,623 24%- 48,250
Transfers In - - - - ~- -
Fund Equity - - - - ~- -
TOTAL REVENUES 48,250 36,189 44,812 8,623 24%- 48,250
HARBORVIEW CENTER FUND EXPENDITURES
Harborview Center Operations 38,280 28,963 21,136 7,827 27%- 38,280
TOTAL EXPENDITURES 38,280 28,963 21,136 7,827 27%- 38,280
16
Increase/
(Decrease)Description
General Services
At third quarter, anticipated revenues of the General Services Fund
exceed anticipated expenditures by $100,270 for fiscal year 2013/14.
Revenues:(175,015)
Third quarter revenues in the General Services Fund reflect a decrease
of $175,015 to Building and Maintenance Charge to bring revenues in line
with projected receipts for the year due to the transfer of five electricians
to the Public Utilities department which was approved by City
management in February.
Expenditures:(175,015)
Third quarter expenditures in the General Services Fund reflect a
decrease totaling $175,015 to personal services,training,memberships,
and garage services due to the transfer of five electricians to the Public
Utilities department which was approved by City management in February.
Administrative Services
At third quarter, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $137,570 for fiscal year 2013/14.
Revenues:
No amendments are proposed to Administrative Services Fund revenues
at third quarter.
Expenditures:
Third quarter amendments to Administrative service fund expenditures
reflect the transfer of budget between cost centers in Information
Technology to fund the purchase of software licensing.
Garage Fund
At third quarter, anticipated revenues of the Garage Fund equal
anticipated expenditures for fiscal year 2013/14.
Revenues:13,860
Third quarter revenues in the Garage Fund reflect an allocation of
$13,860 of Garage Fund retained earnings to fund the retirement payout
of a long term employee.
Expenditures:13,860
Third quarter amendments to Garage Fund expenditures reflect an
increase of $13,860 to personal services to fund the retirement payout of
a long term employee.This increase is offset by an allocation of Garage
fund retained earnings.
Central Insurance
At third quarter, anticipated revenues of the Central Insurance Fund equal
anticipated expenditures for fiscal year 2013/14.
Revenues:
No amendments are proposed to Central Insurance Fund revenues at
third quarter.
Expenditures:
No amendments are proposed to Central Insurance Fund expenditures
at third quarter.
City of Clearwater
Internal Service Funds
Third Quarter Amendments
FY 2013/14
17
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Charges for Service 4,677,170 3,504,553 3,555,912 51,359 1%(175,015) 4,502,155
Miscellaneous Revenues 22,000 17,000 23,200 6,200 36%- 22,000
Transfers In 20,870 20,870 20,870 - 0%- 20,870
Fund Equity - - - - ~- -
TOTAL REVENUES 4,720,040 3,542,423 3,599,982 57,559 2%(175,015) 4,545,025
GENERAL SERVICES FUND EXPENDITURES
Administration 499,980 383,237 295,343 87,894 23%- 499,980
Building & Maintenance 4,119,790 3,145,724 3,051,637 94,087 3%(175,015) 3,944,775
TOTAL EXPENDITURES 4,619,770 3,528,961 3,346,980 181,981 5%(175,015) 4,444,755
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Charges for Service 9,619,200 7,214,409 7,140,072 (74,337) -1%- 9,619,200
Miscellaneous Revenues 95,000 72,100 90,864 18,764 26%- 95,000
Transfers In 36,180 36,180 36,180 - 0%- 36,180
Fund Equity 525,000 - - - ~- 525,000
TOTAL REVENUES 10,275,380 7,322,689 7,267,116 (55,573) -1%- 10,275,380
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology / Admin 382,680 295,177 289,502 5,675 2%- 382,680
Information Tech / Network Svcs 2,792,510 2,217,817 2,100,558 117,259 5%(9,460) 2,783,050
Info Tech / Software Applications 2,456,840 1,942,122 1,907,736 34,386 2%9,460 2,466,300
Info Tech / Telecommunications 853,500 642,539 594,915 47,624 7%- 853,500
Public Comm / Courier 150,460 112,810 91,641 21,169 19%- 150,460
Clearwater Customer Service 3,501,820 2,706,671 2,436,647 270,024 10%- 3,501,820
TOTAL EXPENDITURES 10,137,810 7,917,136 7,420,999 496,137 6%- 10,137,810
GARAGE FUND
GARAGE FUND REVENUES
Charges for Service 13,080,470 9,810,360 9,336,508 (473,852) -5%- 13,080,470
Miscellaneous Revenues 460,030 343,218 421,460 78,242 23%- 460,030
Transfers In 16,370 16,370 16,370 - 0%- 16,370
Fund Equity 94,859 - - - ~13,860 108,719
TOTAL REVENUES 13,651,729 10,169,948 9,774,338 (395,610) -4%13,860 13,665,589
Garage Fund Expenditures
Fleet Maintenance 13,095,590 9,909,150 9,680,661 228,489 2%13,860 13,109,450
Radio Communications 556,139 442,371 385,417 56,954 13%- 556,139
TOTAL EXPENDITURES 13,651,729 10,351,521 10,066,077 285,443 3%13,860 13,665,589
For The Nine Month Period of October 1, 2013 - June 30, 2014
INTERNAL SERVICE FUNDS
THIRD QUARTER REVIEW
18
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
For The Nine Month Period of October 1, 2013 - June 30, 2014
INTERNAL SERVICE FUNDS
THIRD QUARTER REVIEW
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Charges for Service 20,634,890 15,671,907 15,332,870 (339,037) -2%- 20,634,890
Miscellaneous Revenues 787,630 566,127 382,087 (184,040) -33%- 787,630
Transfers In 96,970 96,970 96,132 (838) -1%- 96,970
Fund Equity 2,204,670 - - - ~- 2,204,670
TOTAL REVENUES 23,724,160 16,335,004 15,811,089 (523,915) -3%- 23,724,160
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management 427,230 327,523 321,923 5,600 2%- 427,230
Human Resources / Employee Benefits 350,200 269,166 207,505 61,661 23%- 350,200
Human Resources / Employee Health Clinic 1,707,660 1,280,745 1,142,011 138,734 11%- 1,707,660
Non-Departmental 21,239,070 16,320,005 12,826,152 3,493,853 21%- 21,239,070
TOTAL EXPENDITURES 23,724,160 18,197,439 14,497,591 3,699,848 20%- 23,724,160
19
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Third Quarter Summary
FY 2013/14
20
The amended 2013/14 Capital Improvement Program budget report is submitted for the City Council's Third Quarter
review. The net proposed amendment is a budget increase in the amount of $2,095,802. This review provides the
opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally
significant budget increases encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget activity:
Expanded Energy Conservation – To record a budget increase in the amount of $47,554 of Property Owners
Share revenue which bring budgeted revenues in line with actual cash receipts.
Reclaimed Water Distribution System – To record a budget increase in the amount of $13,180 of Other
Governmental revenue representing reimbursement from SWFWMD which bring budgeted revenues in line with
actual cash receipts.
Utilities Services Replacement – To record a budget increase in the amount of $9,297 of grant revenue from the
Florida Department of Environmental Protection. The grant will provide for the operation, maintenance and repair
of the Clearwater Beach Marina pump out vessel.
Tropic Hills Phase III – To record a budget decrease in the amount of $578,504 of Other Governmental Unit for a
SWFWMD grant. The grant is not utilized due to completion of the project under budget.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council
Budget Increase Approval
Magnolia Drive Outfall 1,000,000 07/17/14
Countryside Library Renovation 852,668 08/07/14
Reclaimed Water Distribution System 750,000 08/20/14
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
Utilities Services Replacement
1 315-93418 9,297 *
To record a budget increase in the amount of $9,296.71 of grant
revenue from the Florida Department of Environmental
Protection.The grant will provide for the operation,maintenance
and repair of the Clearwater Beach Marina pump out vessel.
9,297
Countryside Library Renovation
2 315-93528 812,668
To record a budget increase in the amount of $812,668.00 of
Sales Tax Infrastructure (Penny for Pinellas)revenue from the
Special Development Fund.The funding will provide for HVAC
upgrades and chiller costs for the Countryside Recreation
Center and to cover unforeseen items.This was approved by
the City Council on August 7, 2014.
40,000
To record a budget increase in the amount of $40,000.00 of
General Fund retained earnings.The funding will provide for the
library moving expenses and artist fees which do not qualify for
Penny for Pinellas funding.This was approved by the City
Council on August 7, 2014.852,668
Capitol Theatre
3 315-93623
To record a budget increase recognizing the contribution of $1
million of CRA funds from the CRA project 388-94870,and
returning $1 million of Infrastructure Sales Tax (Penny for
Pinellas)funds to the Special Program Fund for allocation to
future Penny projects, reflecting a net project amendment of $0.
0
Airpark Security Improvements - CLOSE PROJECT
4 315-94858 (3)
To record a budget decrease in the amount of $2.59 of Airpark
revenue and return these funds back to the Airpark Fund.The
Airpark Security Improvement project is complete and will be
closed.(3)
Airpark Runway / Taxiway Extension & Rehabilitation
5 315-94871
To record a project scope modification with the Florida
Department of Transportation.The Supplemental Joint
Participation Agreement will provide for 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 the hangar floor maintenance
and a new sign for the exterior of the FBO building.Resolution
No. 14-24 was passed by the City Council on July 17, 2014.0
Stevenson Creek Estuary Restoration
6 315-96129 630,170
To record a budget transfer in the amount of $630,170.40 of
Stormwater Utility Revenue from project 315-96179,Tropic Hills
Phase III. The Tropic Hills project is complete and will be closed.
630,170
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2013/14
21 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2013/14
Coastal Basins Projects
7 315-96170 (1,000,000)
To record a budget transfer in the amount of $1,000,000.00 of
Stormwater revenue to project 315-96184,Magnolia Drive
Outfall.This will match the SWFWMD grant funding.This was
approved by the City Council on July 17, 2014.(1,000,000)
Tropic Hills Phase III - CLOSE PROJECT
8 315-96179 (630,170)
To record a budget transfer in the amount of $630,170.40 of
Stormwater Utility Revenue to project 315-96129,Stevenson
Creek Estuary Restoration.The Tropic Hills Phase III project
was completed under budget and will be closed.
(578,504) *
To record a budget decrease in the amount of $578,503.72 of
SWFWMD grant revenue due to completion of the project under
budget.(1,208,674)
Magnolia Drive Outfall
9 315-96184 1,000,000 *
To record a budget increase in the amount of $1,000,000.00 of
grant funding from the Southwest Florida Water Management
District as part of their Cooperative Funding Agreement.The
increase in grant funding was due to the new recommended
alternative design,which includes replacement versus
rehabilitation,of most of the existing stormwater infrastructure
and the installation of additional debris collection devises.This
was approved by the City Council on July 17, 2014.
1,000,000
To record a budget transfer in the amount of $1,000,000.00 of
Stormwater revenue from project 315-96170,Coastal Basins
Projects.This will match the SWFWMD grant funding.This was
approved by the City Council on July 17, 2014.2,000,000
Line Relocation Pinellas - Capitalized
10 315-96374 (400,000)
To record a budget transfer in the amount of $400,000.00 of
Gas fund revenue,to project 315-96386,Expanded Energy
Conservation.The funding is needed due to the increase in new
customer mains and service lines with the improvement in the
economy.(400,000)
Pinellas New Mains- Service Lines
11 315-96377 1,610 *
To record a budget increase in the amount of $1,610.00 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash receipts.1,610
Expanded Energy Conservation
12 315-96386 47,554 *
To record a budget increase in the amount of $47,553.54 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash receipts.
400,000
To record a budget transfer in the amount of $400,000.00 of
Gas fund revenue,from project 315-96374,Line Relocation
Pinellas -Capitalized.The funding is needed due to the increase
in new customer mains and service lines with the improvement
in the economy.447,554
22 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2013/14
Reclaimed Water Distribution System
13 315-96739 750,000 *
To record a budget increase in the amount of $750,000.00 of
Southwest Florida Water Management District grant revenue.
The grant funding will provide up to fifty percent of the costs of
designing,permitting and construction costs in the construction
of new reclaimed water transmission and distribution mains
effecting six residential areas.This was approved by the City
Council on August 20, 2014.
13,180 *
To record a budget increase in the amount of $13,180.01 of
Other Governmental revenue representing reimbursement from
SWFWMD on this project.This will bring budgeted revenues in
line with actual cash receipts.763,180
System Expansion
14 315-96744 200,000
To record a budget transfer in the amount of $200,000.00 of
Water Revenue from project 315-96752,Water Service Lines.
The funding is required to replenish the working capital of this
project,200,000
Water Service Lines
15 315-96752 (200,000)
To record a budget transfer in the amount of $200,000.00 of
Water Revenue to project 315-96744,System Expansion.The
funding is required to replenish the working capital of the
System Expansion project.(200,000)
TOTALS 2,095,802 - 2,095,802
23 * indicates budget amendment only
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2013 to June 30, 2014
Actual Expenditures
Amend Budget Amended Revised Project Open Available Amend
Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
PUBLIC SAFETY
Fire Protection
91218 Fire Engine Replacement 1,048,916 1,048,916 1,048,916 1,005,292 8,739 34,885
91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230
91229 Replace & Upgrade Airpacks 1,032,000 1,032,000 1,032,000 827,480 4,734 199,785
91236 Rescue Vehicle 1,179,869 1,179,869 1,179,869 776,771 41,779 361,319
91253 Main Station (Fire)11,489,535 11,592,885 11,592,885 7,963,726 3,060,121 569,038
91257 AED Program 90,550 90,550 90,550 89,713 837
91258 Ladder Truck Equipment 150,000 150,000 150,000 147,967 2,033
91259 Radio Replacements 364,640 364,640 364,640 352,227 12,413
91260 Thermal Imaging Cameras 88,230 88,230 88,230 69,295 18,935
91261 Personal Protection Equipment 1,283,690 1,283,690 1,283,690 887,109 396,581
91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634
91263 Extrication Tools 56,000 56,000 56,000 22,787 33,213
91264 Fire Hose Replacement 196,420 196,420 196,420 148,890 47,530
91266 Rescue Squad Replacement 850,000 850,000 850,000 827,340 22,660
91267 Training Facility Concrete Pad Replace 90,000 90,000 90,000 82,665 7,335
91268 Countryside Fire Station 400,000 400,000 400,000 400,000
Sub-Total 19,610,560 19,713,910 - 19,713,910 14,315,108 3,115,373 2,283,428
TRANSPORTATION
New Street Construction
92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 2,918,956 4,855 1,223,758
Sub-Total 4,147,569 4,147,569 - 4,147,569 2,918,956 4,855 1,223,758
Major Street Maintenance
92274 Bridge Maintenance & Improvements 5,521,060 5,521,060 5,521,060 1,279,722 113,873 4,127,464
92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,745,839 3,042,901 702,938
92276 Traffic Calming Program 5,583,635 5,583,635 5,583,635 1,981,393 456,106 3,146,136
92277 Streets and Sidewalks 7,973,577 7,973,577 7,973,577 1,277,144 3,426,434 3,270,000
Sub-Total 22,824,111 22,824,111 - 22,824,111 7,581,160 3,996,413 11,246,538
Sidewalks and Bike Trail
92339 New Sidewalks 775,471 775,471 775,471 594,690 59,987 120,794
Sub-Total 775,471 775,471 - 775,471 594,690 59,987 120,794
Intersections
92559 City-Wide Intersection Improvement 749,056 749,056 749,056 749,056
92560 Signal Renovation 90,385 110,385 110,385 85,832 24,553
92561 New Signal Installation 282,877 282,877 282,877 152,661 130,216
92562 Intersection Improvements 2,422,017 2,302,017 2,302,017 11,496 2,290,521
Sub-Total 3,544,335 3,444,335 - 3,444,335 249,989 - 3,194,346
Parking
92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000
92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 159,208 12,400 158,392
92652 Parking Lot Resurfacing 893,633 893,633 893,633 30,777 325,444 537,412
92653 Parking Garage Structure Repair 546,103 546,103 546,103 141,281 70,000 334,822
92654 Parking Lot Improvement 680,357 680,357 680,357 74,029 606,328
92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 4,294 75,706
Sub-Total 11,930,093 11,930,093 - 11,930,093 509,590 407,844 11,012,659
Miscellaneous Engineering
92839 Downtown Intermodal 575,000 575,000 575,000 519,967 55,033
92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,008,862 51,260 439,878
92841 Miscellaneous Engineering 158,396 158,396 158,396 40,701 11,232 106,463
Sub-Total 3,233,396 3,233,396 - 3,233,396 2,569,530 62,492 601,374
24
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2013 to June 30, 2014
Actual Expenditures
Amend Budget Amended Revised Project Open Available Amend
Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Park Development
93203 Carpenter Field-Infras Rep/Improve 389,380 389,380 389,380 351,544 37,836
93205 Brighthouse Field Infrastructure Imp 895,345 895,345 895,345 880,194 14,524 627
93247 Fitness Equipment Replacement 225,000 225,000 225,000 190,456 3,719 30,825
93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386
93263 Public Art Maintenance 1,498 1,498 1,498 1,498
93271 Swimming Pool R&R 601,573 601,573 601,573 544,593 950 56,030
93272 Bicycle Paths-Bridges 2,525,896 3,353,896 3,353,896 2,320,223 47,604 986,069
93273 Restrooms on Clearwater Beach 923,000 923,000 923,000 908,628 7,438 6,934
93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,286 132,166
93278 Long Center Infra Repairs 575,183 575,183 575,183 506,271 68,912
93286 Parking Lot/Bike Path Rsr/Imprv 606,943 606,943 606,943 529,636 77,307
93602 Sp Events Equip Rep & Rplcmnt 200,000 200,000 200,000 196,161 0 3,839
93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 252,239 7,564 157,197
93608 Miscellaneous Minor Public Art 249,061 253,061 253,061 112,153 3,000 137,908
93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309
93618 Miscellaneous Park & Rec Contract 145,000 145,000 145,000 116,988 22,598 5,414
93623 Capitol Theatre 7,305,936 8,305,936 8,305,936 8,277,104 28,832
93624 Pier 60 Park Repairs and Improvements 510,000 510,000 510,000 159 9,900 499,942
93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000
93626 FDOT Median & ROW Enhancement 340,206 340,206 340,206 265,864 13,883 60,459
93628 Carpenter/Bright House Fld Imp 32,482 32,482 32,482 32,482
93629 North Greenwood Athletic Fields 651,825 651,825 651,825 600,156 11,972 39,697
93630 Sid Lickton Complex Renovations 3,294,825 3,298,146 3,298,146 3,233,220 2,048 62,878
93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 867,107 16,327 214,056
93633 Pier 60 Park Repairs and Improvements 110,000 110,000 110,000 110,000 0 C
93634 Concrete Sidewalk & Pad Repair 143,176 143,176 143,176 68,291 74,885
93635 Park Amenity Purch & Rplcmnt 122,800 122,800 122,800 99,168 23,632
93636 Tennis Court Resurfacing 75,310 75,310 75,310 9,616 65,694
93637 Playground & Fitness Purch & Rplc 307,079 307,079 307,079 62,685 66,360 178,035
93638 Fencing Replacement Program 174,664 174,664 174,664 54,904 119,760
93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 14,235 41,260 551,015
93640 Bright House Repairs 0 241,272 241,272 238,470 2,802 0
Sub-Total 27,097,634 29,174,227 - 29,174,227 21,560,655 271,948 7,341,624
Marine Facilities
93403 Beach Guard Facility Maint 130,000 130,000 130,000 109,884 20,116
93405 Downtown Boat Slips 12,693,770 12,693,770 12,693,770 12,173,791 130,160 389,819
93410 Clwr Harbor Marina Maintenance 60,000 60,000 60,000 12,368 47,632
93411 Clearwater Beach Life Guard Renovation 0 0 0 0
93412 City-wide Seawall Replacement 1,298,000 1,298,000 1,298,000 710,501 228,867 358,631
93415 Waterway Maintenance 260,000 260,000 260,000 27,911 232,089
93417 Pier 60 Refurbishment 600,000 600,000 600,000 571,464 28,536
93418 Utilities Services Replacement 88,504 88,418 9,297 97,715 83,901 13,813 1
93419 Dock Replacement & Repair 46,727 46,727 46,727 29,460 17,267
93420 Fuel System R & R 47,752 47,752 47,752 14,376 176 33,200
93421 Marine Facilities Dredging & Maint 33,715 33,715 33,715 10,964 22,751
93422 Dredging of City Waterways 246,204 246,204 246,204 33,845 74,500 137,859
93495 Dock Construction 24,858 24,858 24,858 16,646 8,212
93497 Docks & Seawalls 1,086,085 1,086,085 1,086,085 552,272 533,813
93499 Pier 60/Sailing Center Maint 241,952 241,952 241,952 198,893 2,941 40,118
Sub-Total 16,857,567 16,857,481 9,297 16,866,778 14,546,277 436,644 1,883,857
Airpark
94817 Airpark Maint & Repair 134,000 134,000 134,000 133,509 491
94858 Airpark Security Improvements 173,014 173,014 (3)173,012 173,012 0 C 4
94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,839,998 41,007 118,995
94881 Airpark Hangar Rehabilitation 0 200,000 200,000 810 40,036 159,154
94882 Rehabilitation of Hanger "D"0 500,000 500,000 500,000
Sub-Total 2,307,014 3,007,014 (3) 3,007,012 2,147,328 81,043 778,641
25
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2013 to June 30, 2014
Actual Expenditures
Amend Budget Amended Revised Project Open Available Amend
Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Libraries
93527 Books & Other Lib Mat - II 7,161,601 7,161,601 7,161,601 6,694,745 5,560 461,296
93528 Countryside Library Renovation 6,250,000 6,250,000 852,668 7,102,668 537,178 149,505 6,415,985 2
93529 Main Library Entryway Improve 130,000 130,000 130,000 77,739 500 51,761
93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 6,250,000
Sub-Total 19,791,601 19,791,601 852,668 20,644,269 7,309,663 155,565 13,179,042
Garage
94233 Motorized Equip-Cash II 1,138,656 1,138,656 1,138,656 1,028,398 23,536 86,722
94238 Police Vehicles 1,400,001 1,400,001 1,400,001 1,230,198 169,803
94241 Motorized Equipment Replace - L/P 13,861,392 13,861,392 13,861,392 6,389,531 3,499,543 3,972,317
94242 Overhead Crane 48,000 48,000 48,000 11,911 36,089
Sub-Total 16,448,049 16,448,049 - 16,448,049 8,660,038 3,523,079 4,264,931
Maintenance of Buildings
94510 Air Cond Replace-City Wide 2,671,452 2,671,538 2,671,538 2,474,686 37,050 159,802
94512 Roof Repairs 627,635 670,345 670,345 565,237 77,634 27,474
94514 Roof Replacements 1,890,352 1,890,352 1,890,352 1,242,769 48,820 598,763
94517 Painting of Facilities 992,720 992,720 992,720 624,966 367,754
94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396
94519 Flooring for Facilities 953,952 953,952 953,952 743,921 210,031
94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 165,996 54,004
94528 Light Replacement & Repair 214,931 214,931 214,931 213,524 1,407
94529 MSB Restroom Renovations 65,000 65,000 65,000 2,500 62,500
94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253
94625 Development Services Center 1,151,160 1,151,160 1,151,160 66,702 1,084,458
Sub-Total 9,902,013 9,944,810 - 9,944,810 6,283,464 163,504 3,497,841
Miscellaneous
94729 City-wide Connect Infra 1,956,478 1,956,478 1,956,478 1,594,304 101,102 261,072
94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520
94761 Poll Stor Tank Rem/Repl-Gen Fd 513,658 513,658 513,658 244,249 269,409
94803 Environmental Assmt & Clean-up 940,964 940,964 940,964 714,024 15,194 211,747
94814 Network Infra & Server Upgrade 2,635,057 2,635,057 2,635,057 2,135,283 499,774
94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 114,191 335,809
94824 IT Disaster Recovery 375,000 375,000 375,000 273,990 96,369 4,641
94827 Telecommunications Upgrade 454,000 454,000 454,000 275,794 69,824 108,382
94828 Financial Systems Upgrades 776,628 776,628 776,628 224,493 34,585 517,551
94829 CIS Upgrades / Replacement 797,376 797,376 797,376 318,999 478,377
94830 MS Licensing / Upgrades 775,000 775,000 775,000 504,143 270,857
94833 Computer Monitors 320,000 320,000 320,000 315,250 4,750
94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 142,700
94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610
94850 Backfile Conversion of Records 500,000 500,000 500,000 149,832 349,864 304
94857 Accela Permitting & Code Enforce 200,000 200,000 200,000 37,966 8,955 153,079
94861 Library Technology 1,250,000 1,250,000 1,250,000 682,033 48,361 519,606
94873 Citywide Camera System 160,000 160,000 160,000 109,452 3,108 47,440
94874 City Enterprise Timekeeping System 185,000 185,000 185,000 161,897 23,103
94878 Asset Management Upgrade 60,000 60,000 60,000 60,000
94879 Aging Well Center Tech Upgrade 55,000 55,000 55,000 55,000
94880 Granicus Agenda Management Sys 60,000 60,000 60,000 36,936 23,064
Sub-Total 14,356,887 14,356,887 - 14,356,887 9,226,731 727,361 4,402,795
26
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2013 to June 30, 2014
Actual Expenditures
Amend Budget Amended Revised Project Open Available Amend
Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
UTILITIES
Stormwater Utility
96124 Storm Pipe System Improvements 17,570,189 15,169,488 15,169,488 10,199,636 1,135,362 3,834,489
96125 Town Lake 8,843,010 8,843,010 8,843,010 8,725,638 80,816 36,556
96129 Stevenson Creek Estuary Restoration 6,337,055 6,337,055 630,170 6,967,225 6,229,599 737,626 6
96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 981,830 26,170
96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 342,657 31,475 125,118
96168 Stormwater System Expansion 1,857,956 1,857,956 1,857,956 109,505 1,748,451
96169 Stevenson Creek 3,667,122 3,667,122 3,667,122 2,133,506 1,016,268 517,348
96170 Coastal Basin Projects 7,193,178 7,193,178 (1,000,000)6,193,178 3,358,400 32,074 2,802,703 7
96173 Alligator Creek Watershed Projects 3,666,490 3,666,490 3,666,490 966,217 138,999 2,561,274
96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 93,040 18,614 88,346
96177 Jeffords Street Outfall 400,000 400,000 400,000 106,648 26,046 267,306
96178 Smallwood Circle 340,000 2,437,719 2,437,719 496,768 1,123,552 817,399
96179 Tropic Hills Phase III 2,500,000 2,500,000 (1,208,674)1,291,326 1,291,326 0 0 C 8
96180 Stormwater Maint St Sweeping Fac 376,511 376,511 376,511 281,836 31,651 63,023
96181 Jeffords Street Channel 1,200,000 1,596,362 1,596,362 884,154 612,382 99,826
96183 Mandalay Ave Outfall 1,600,000 1,600,000 1,600,000 1,440,593 117,274 42,133
96184 Magnola Drive Outfall 1,100,000 1,100,000 2,000,000 3,100,000 190,282 72,861 2,836,857 9
96185 Woodlawn Terrace Floodplain Storage 0 1,006,620 1,006,620 127,844 778,790 99,986
Sub-Total 58,358,761 59,458,761 421,496 59,880,257 37,959,481 5,216,164 16,704,612
Water System
96721 System R & R - Maintenance 3,216,799 3,216,799 3,216,799 2,032,334 49,770 1,134,695
96739 Reclaimed Water Dist Sys 61,650,279 61,508,279 763,180 62,271,459 60,346,520 8,643 1,916,296 13
96740 Water Supply/Treatment 5,670,430 5,670,430 5,670,430 4,956,933 28,540 684,957
96741 System R & R-Capitalized 9,536,996 9,536,996 9,536,996 8,394,639 1,142,357
96742 Line Relocation-Capitalized 11,864,486 11,864,511 11,864,511 10,114,115 62,192 1,688,204
96743 Mtr Bkflow Prev Dev/Change 4,314,046 4,314,046 4,314,046 3,044,971 1,269,075
96744 System Expansion 1,899,673 1,899,673 200,000 2,099,673 1,899,673 200,000 14
96752 Water Service Lines 4,892,119 4,892,119 (200,000)4,692,119 3,605,553 1,086,566 15
96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 14,274,503 2,110,983 480,264
96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745
96767 RO Plant at Res #2 44,948,968 44,948,968 44,948,968 29,953,360 14,303,386 692,223
96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 102,608 147,392
96773 Groundwater Replenishment Facility 5,705,833 5,705,833 5,705,833 2,302,127 607,522 2,796,183
96774 Automated Meter Reading 1,000,000 1,000,000 1,000,000 1,000,000
96775 Arsenic Treatment WTP #3 359,420 359,420 359,420 24,932 122,250 212,239
96777 Water Supply Pick-up Trucks 60,000 60,000 60,000 34,224 25,776
Sub-Total 172,834,800 172,692,825 763,180 173,456,005 141,060,523 17,327,511 15,067,972
Sewer System
96202 WWTP Screw Pump Replacement 3,398,776 4,849,383 4,849,383 1,941,596 2,481,474 426,313
96204 WWTP UV Disinfections System 900,000 925,986 925,986 710,487 132,790 82,709
96205 Industrial Pretreatment Vehicle 25,000 25,000 25,000 7,842 17,158
96206 Maintenance Vehicle 26,000 26,000 26,000 18,121 7,879
96611 Bio-Solids Treatment 8,591,761 8,591,761 8,591,761 7,695,326 896,435
96615 Odor Control 2,062,523 2,062,523 2,062,523 1,927,302 135,221
96619 WWTP Generator Replacements 4,911,383 4,211,383 4,211,383 2,731,406 97,809 1,382,169
96621 WWTP New Presses 3,402,580 3,402,580 3,402,580 3,388,052 14,528
96630 Sanitary Sewer Extension 10,809,894 10,809,894 10,809,894 2,862,781 6,032,506 1,914,607
96634 Sanitary Util Reloc Accmmdtn 4,691,813 4,691,813 4,691,813 3,628,566 37,781 1,025,467
96645 Laboratory Upgrade & R&R 2,116,259 2,116,259 2,116,259 1,370,060 59,855 686,344
96654 Facilities Upgrade & Improvement 18,218,882 18,193,882 18,193,882 14,100,321 493,062 3,600,498
96664 WPC R & R 21,189,964 21,189,964 21,189,964 16,439,796 1,277,547 3,472,620
96665 Sanitary Sewer R&R 25,848,409 25,848,409 25,848,409 20,640,174 1,209,998 3,998,237
96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,551
96670 Poll Stor Tank Remov-WPC 207,756 206,770 206,770 206,770 0 C
96686 Pump Station Replacement 18,176,977 18,176,977 18,176,977 15,136,134 154,458 2,886,385
Sub-Total 127,164,499 127,915,106 - 127,915,106 95,104,741 12,003,243 20,807,122
27
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2013 to June 30, 2014
Actual Expenditures
Amend Budget Amended Revised Project Open Available Amend
Description 10/1/13 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Gas System
96358 Environmental Remediation 2,304,794 2,304,794 2,304,794 1,378,769 176,873 749,152
96365 Line Relocation-Pinellas Maint 1,856,927 1,856,927 1,856,927 502,468 84,670 1,269,789
96367 Gas Meter Change Out-Pinellas 1,490,000 1,490,000 1,490,000 1,187,493 302,507
96374 Line Relocation-Pinellas Capital 3,236,983 2,936,983 (400,000)2,536,983 2,178,325 358,658 10
96376 Line Relocation - Pasco Maint 830,000 830,000 830,000 69,437 760,563
96377 Pinellas New Main / Service Lines 22,528,822 22,533,046 1,610 22,534,656 19,368,094 3,166,563 11
96378 Pasco New Mains / Service Lines 10,726,330 10,726,539 10,726,539 9,538,308 251,288 936,942
96379 Pasco Gas Meter Change Out 1,020,000 1,020,000 1,020,000 378,709 641,291
96381 Line Reloc-Pasco-Capital 855,000 855,000 855,000 2,601 852,399
96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 813,865 178,135
96384 Gas Building Renovation 1,449,675 1,449,675 1,449,675 487,380 962,295
96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 940,912 616,933
96386 Expanded Energy Conservation 2,025,709 2,030,864 447,554 2,478,418 2,005,914 472,504 12
96387 Natural Gas Vehicle 3,250,000 3,800,000 3,800,000 3,185,920 407,401 206,679
96388 Gas Administrative Vehicles 37,618 0 0 0 C
96389 Future IMS Software & Hardware 100,000 100,000 100,000 55,588 44,412
Sub-Total 54,261,703 54,483,673 49,164 54,532,837 42,093,783 920,232 11,518,821
Solid Waste
96426 Facility R & R 2,032,608 2,032,608 2,032,608 1,515,804 516,804
96443 Res Container Acquisition-II 1,341,741 1,341,741 1,341,741 988,972 352,769
96444 Comm Container Acquisition-II 2,740,020 2,740,020 2,740,020 1,996,392 743,628
96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 189,414 0
96446 Single Stream Recycling Carts 1,500,000 1,500,000 1,500,000 1,484,275 15,725
Sub-Total 7,803,783 7,803,783 - 7,803,783 6,174,857 - 1,628,926
Utility Miscellaneous
96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937
96523 Pub Utilities Adm Bldg R&R 382,184 524,184 524,184 262,957 202,716 58,511
Sub-Total 541,717 683,717 - 683,717 414,552 202,716 66,448
Recycling
96804 Recycling Carts/Dumpsters 770,925 770,925 770,925 559,437 211,488
96805 Recyc Expan/Prom/R&R 1,261,525 1,261,525 1,261,525 828,668 87,633 345,224
Sub-Total 2,032,450 2,032,450 - 2,032,450 1,388,106 87,633 556,711
TOTAL ALL PROJECTS 595,824,012 600,719,268 2,095,802 602,815,070 422,669,221 48,763,609 131,382,239
28
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2013 - June 30, 2014
Increase/
Amdmt Project (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Safety Programs
2014 Report Review Team Program - NEW PROJECT
1 99206 58,283 53,696
To establish the project and record a budget increase of
$58,283 in grant funding from the Department of Justice
Edward Byrne Memorial Justice Assistance Grant.
To record a budget transfer of $53,696 in fines,forfeitures
and penalties revenue from project 181-99329,Investigative
Recovery Costs to provide voluntary cash match for the
program.
This new project,and funding associated to maintain 2.7
FTE's for the program was approved by the Council on
August 7, 2014.111,979
Human Trafficking - Zonta Club
2 99242 913
To record a budget increase of $762.50 representing a
reimbursement from the Department of Justice on a human
trafficking case;and an increase of $150 representing a
donation from the Knights of Columbus Council for human
trafficking supplies.This will bring the budget in line with
actual revenues received.913
AmeriCorps Clearwater 2012 - CLOSE PROJECT
3 99250 (11,596)
To record a budget decrease of $11,595.85 in grant
revenue which will bring the budget in line with actual
receipts. This project is complete and will be closed.(11,596)
CATFHT Enhancement Project 2011 - CLOSE PROJECT
4 99252 (6,894)
To record a budget decrease of $6,894.01 in grant revenue
to bring the budget in line with actual revenue received.This
project is complete and will be closed.(6,894)
School Resource Officers
5 99264 6,427
To record a budget increase of $6,426.98 in reimbursement
revenue from the Pinellas County School Board to bring the
budget in line with revenues received.6,427
Police Volunteers
6 99316 500
To record a budget increase of $500 representing a
donation from Wal-Mart.This will bring the budget in line
with actual revenue received.500
Police Education Fund
7 99317 10,427
To record a budget increase of $10,427.37 in Police
Education fine revenue to bring the budget in line with actual
revenue received.10,427
29
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2013 - June 30, 2014
Increase/
Amdmt Project (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Investigative Recovery Costs
8 99329 42,370 (53,696)
To record a budget increase of $3,664.84 in US
Department of Justice grant revenue and $38,704.85 in
fines,forfeitures and penalties revenue to bring the budget in
line with actual revenues received.
To record a transfer of $53,696 in fines,forfeitures and
penalties revenue to project 181-99206,2014 Report Review
Team Program to provide the cash match for the new year
as approved by the Council on August 7, 2014.(11,326)
FL Contraband Forfeiture Fund
9 99330 72,456 (100,000)
To record a budget increase of $72,455.94 in fines,
forfeitures and penalties revenue to bring the budget in line
with actual revenues received.
To record a transfer of $100,000 in fines forfeitures and
penalties revenue to project 181-99331,Special Law
Enforcement Trust Fund.(27,544)
Law Enforcement Trust Fund
10 99331 2,965 100,000
To record a budget increase of $2,964.70 in fines,
forfeitures and penalties revenue to bring the budget in line
with actual revenues received.
To record a transfer of $100,000 from project 181-99330,
FL Contraband Forfeiture Fund.102,965
Vehicle Replacement
11 99350 6,213
To record a transfer of $6,215.50 in Police Services
Revenue from project 181-99908,Extra Duty Program.This
represents revenue collected for vehicle usage on extra duty
jobs.6,213
Federal Forfeiture Sharing
12 99387 53,727
To record a budget increase of $53,726.82 in US
Department of Justice revenue to bring the budget in line
with actual revenues received.53,727
Public Safety Program
Totals:229,577 6,213 235,790
Community Development
Relocation/Demolition 2012 - CLOSE PROJECT
13 99604 (27,289)
To record a budget transfer of $27,288.74 in grant revenue
to 181-99741,Relocation/Demolition 2014 representing
remaining unused project funds.(27,289)
30
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2013 - June 30, 2014
Increase/
Amdmt Project (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Relocation/Demolition 2013 - CLOSE PROJECT
14 99643 (690)
To record a budget transfer of $690.00 in grant revenue to
181-99741,Relocation/Demolition 2014 representing
remaining unused project funds.(690)
NSP2 Administration - CLOSE PROJECT
15 99646 (86,569)
To record a budget decrease of $86,569.11 in other
governmental revenue to close the project.This program
has ended and funds are no longer available.(86,569)
Public Facilities 2013
16 99730 (60,079) (156,357)
To record a budget transfer of $66,000 in grant revenue to
project 181-99737,Public Facilities 2014 and a transfer of
$90,357 in grant revenue to project 181-99739,Housing
Rehab 2014 representing unused project funds.
To record a budget decrease of $60,079.36 in grant
revenue to reflect the actual funds available per HUD and
close the project.(216,436)
Economic Development 2013 - CLOSE PROJECT
17 99731 (40,960)
To record a budget transfer of $40,959.83 in grant revenue
to project 181-99738,Economic Development 2014
representing remaining unused project funds.(40,960)
Housing Rehab 2013
18 99732 (156,653)
To record a budget transfer of $156,653 in grant revenue to
project 181-99739,Housing Rehab 2014 representing
unused project funds.(156,653)
Infill Housing 2013 - CLOSE PROJECT
19 99735 (11,585)
To record a budget transfer of $11,584.63 in grant revenue
to project 181-99742,Infill Housing 2013 representing
unused project funds.(11,585)
Public Services 2013 - CLOSE PROJECT
20 99736 (325)
To record a budget reduction of $325 in grant revenue to
reflect the actual funds available per HUD and to close the
project.(325)
Public Facilities 2014
21 99737 66,000
To record a budget transfer of $66,000 in grant revenue
from project 181-99730,Public Facilities 2013 representing
remaining unused project funds.66,000
Economic Development 2014
22 99738 40,960
To record a budget transfer of $40,959.83 in grant revenue
from project 181-99731,Economic Development 2013
representing remaining unused project funds.40,960
31
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2013 - June 30, 2014
Increase/
Amdmt Project (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Housing Rehab 2014
23 99739 247,010
To record a budget transfer of 90,357 in grant funding from
project 181-99730 Public Facilities 2013 and a transfer of
$156,653 in grant funding from project 181-99732,Housing
Rehab 2013 representing remaining unused project funds.247,010
Relocation/Demolition 2014
24 99741 27,979
To record a budget transfer of $27,288.74 in grant funding
from project 181-99604,Relocation/Demolition 2012 and a
transfer of $690 in grant funding from project 181-99643,
Relocation/Demolition 2013 representing remaining unused
project funds.27,979
Infill Housing 2014
25 99742 11,585
To record a budget transfer of $11,584.63 in grant funding
from project 181-99735 Infill Housing 2013 representing
remaining unused project funds.11,585
Community Development
Totals:(146,973) - (146,973)
Miscellaneous Programs:
Pension Changes - CLOSE PROJECT
26 99863 (32,095)
To record a budget decrease of $32,095.13 in General
Fund revenue.This project is complete and will be closed
returning unspent funds back to the General Fund.(32,095)
Special Events
27 99865 207,045
To record a budget increase of $207,045.22;representing
increases of $51,873.51 in rental income,$40,163.75 in
sponsorship revenue,$38,700.00 in memberships and
registrations,$37,206.43 in sales revenue,$613.00 in
donations,and $38,488.53 in reimbursements.This will
bring the budget in line with actual receipts for the quarter.207,045
State Brownfield Redevelopment
28 99871 229
To record a budget increase of $229.25 in interest earnings
to bring the budget in line with actual receipts.229
32
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2013 - June 30, 2014
Increase/
Amdmt Project (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Police - Outside Duty
29 99908 365,974 (6,213)
To record a budget increase of $365,974.00 in Police
Services revenue to bring the budget in line with actual
receipts.
To record a transfer of $6,212.50 in Police Services
revenue to project 181-99350,Vehicle Replacement.This
represents revenue collected for vehicle usage on extra duty
jobs.359,762
Library Special Account
30 99910 5,464
To record a budget increase of $5,464.47 in donation
revenue to bring the budget in line with actual receipts.5,464
Nagano Sister City Program
31 99928 652
To record a budget increase of $652.00 in donation
revenue to bring the budget in line with actual receipts.652
Tree Replacement Project
32 99970 12,456
To record a budget increase of $12,456.00 in fines,
forfeiture and penalty revenue to bring the budget in line with
actual receipts.12,456
Miscellaneous Programs
Total:559,726 (6,213) 553,513
Grand
Total:642,329 - 642,329
33
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2013 to June 30, 2014
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2013 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42
99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073
Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115
PUBLIC SAFETY PROGRAMS
99200 Tactical Headset System - 20,976 - 20,976 20,976 - - C
99204 Pedestrian & Bicycle Safety Project - 29,037 - 29,037 21,119 - 7,918
99206 2014 Report Review Team Program - - 111,979 111,979 - - 111,979 1
99241 Human Trafficking Overtime - 87,000 - 87,000 14,590 - 72,410
99242 Human Trafficking Zonta Club - 5,000 913 5,913 2,566 - 3,347 2
99243 2013 RRT - Invest Cost Recovery 52,377 52,377 - 52,377 13,085 - 39,292
99244 AmeriCorps 2014 228,942 259,187 - 259,187 105,914 - 153,273
99245 2013 Report Review Team 56,631 56,631 - 56,631 55,514 - 1,117
99246 AmeriCorps 2013 270,606 270,606 - 270,606 242,821 - 27,785
99247 2012 RRT - Invest Cost Recovery 45,672 45,672 - 45,672 45,672 - - C
99248 2012 Report Review Team Program 60,658 60,658 - 60,658 60,658 - - C
99250 Americorps 2012 255,481 255,481 (11,596) 243,885 243,885 - 0 C 3
99252 CATFHT Enhancement Program 346,159 346,159 (6,894) 339,265 339,265 - 0 C 4
99264 School Resource Officers 1,175,899 1,485,964 6,427 1,492,391 1,445,212 - 47,179 5
99279 Police Recruitments 65,155 65,155 - 65,155 53,282 - 11,873
99281 Fed Forfeitures - Treasury 148,282 150,433 - 150,433 120,171 - 30,262
99316 Police Volunteers 115,421 125,421 500 125,921 115,577 - 10,344 6
99317 Police Education Fund 1,189,054 1,209,771 10,427 1,220,199 1,112,284 - 107,915 7
99325 Citizen's Police Academy 39,113 39,113 - 39,113 30,356 - 8,757
99329 Investigative Recovery Costs 1,854,739 1,939,051 (11,326) 1,927,724 1,549,017 1,250 377,457 8
99330 FL Contraband Forfeiture Fnd 1,167,440 1,172,109 (27,544) 1,144,565 606,795 - 537,770 9
99331 Law Enforcement Trust Fund 2,636,910 2,638,271 102,965 2,741,235 2,578,126 - 163,109 10
99350 Vehicle Replacement Fund 218,547 237,008 6,213 243,220 32,257 - 210,963 11
99356 Safe Neighborhood Program 575,046 640,046 - 640,046 577,594 6,000 56,452
99364 Crime Prevention Program 24,204 24,204 - 24,204 23,642 - 562
99387 Federal Forfeiture Sharing 1,550,306 1,652,769 53,727 1,706,496 1,266,077 3,458 436,961 12
Sub-Total 12,076,641 12,868,098 235,790 13,103,887 10,676,455 10,708 2,416,724
COMMUNITY DEVELOPMENT
99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666
99604 Relocation/Demolition 2012 36,098 36,098 (27,289) 8,809 8,809 - 0 C 13
99643 Relocation/Demolition 2011 8,165 8,165 (690) 7,475 7,475 - - C 14
99646 NSP2 Administration 200,088 200,088 (86,569) 113,519 113,519 - (0) C 15
99730 Public Facilities 2013 794,243 794,243 (216,436) 577,806 480,407 97,399 0 16
99731 Economic Development 2013 45,000 45,000 (40,960) 4,040 4,040 - 0 C 17
99732 Housing Rehab 2013 317,805 317,805 (156,653) 161,152 161,152 - (0) 18
99733 Program Administration 2013 143,999 143,999 - 143,999 143,999 - - C
99735 Infill Housing 2013 25,000 25,000 (11,585) 13,415 13,415 - 0 C 19
99736 Public Services 2013 127,799 127,799 (325) 127,474 127,474 - - C 20
99737 Public Facilities 2014 114,000 114,000 66,000 180,000 - 114,000 66,000 21
99738 Economic Development 2014 10,000 10,000 40,960 50,960 4,257 - 46,703 22
99739 Housing Rehab 2014 234,437 292,568 247,010 539,578 80,594 - 458,984 23
99740 Program Administration 2014 136,799 151,297 - 151,297 107,019 - 44,278
99741 Relocation/Demolition 2014 - - 27,979 27,979 - - 27,979 24
99742 Infill Housing 2014 60,000 60,000 11,585 71,585 6,857 - 64,728 25
99743 Public Services 2014 128,759 128,620 - 128,620 100,851 22,927 4,842
99744 Economic Development Incentives - 292,500 - 292,500 - - 292,500
Sub-Total 2,497,191 2,862,181 (146,973) 2,715,208 1,409,202 234,326 1,071,680
SOCIAL SERVICES
99538 Affordable Housing Imp Fees 423,622 426,257 - 426,257 163,018 - 263,239
99562 HUD Special Education 30,000 30,000 - 30,000 27,000 - 3,000
Sub-Total 453,622 456,257 - 456,257 190,018 - 266,239
MARINE
99704 Sembler Mitigation Project 684,891 690,456 - 690,456 134,480 - 555,976
Sub-Total 684,891 690,456 - 690,456 134,480 - 555,976
34
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2013 to June 30, 2014
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2013 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
MISCELLANEOUS PROGRAMS
99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619
99844 United Way 6,080 6,080 - 6,080 5,579 - 501
99846 Economic Development - QTI 85,729 85,729 - 85,729 52,116 - 33,613
99860 Strategic Direction Action Plan - 250,000 - 250,000 17,550 2,500 229,950
99863 Pension Changes 200,000 200,000 (32,095) 167,905 167,905 - (0) C 26
99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192
99865 Special Events 1,331,676 2,346,627 207,045 2,553,672 2,294,264 12,125 247,283 27
99867 Centennial Celebration 150,000 150,000 - 150,000 7,000 14,000 129,000
99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278
99869 Health Prevention Program 106,301 106,301 - 106,301 92,847 - 13,454
99871 State Brownfields Redevelopment Acct 164,726 164,849 229 165,078 134,565 23,609 6,904 28
99872 Coordinated Child Care - Ross Norton 574,216 749,216 - 749,216 415,983 14 333,219
99908 Police - Outside Duty 7,797,189 8,320,426 359,762 8,680,187 8,474,215 - 205,972 29
99910 Library Special Account 732,441 743,170 5,464 748,635 682,361 1,542 64,732 30
99925 Peg Access Support 838,261 838,261 - 838,261 796,977 - 41,284
99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981
99928 Nagano Sister City Program 96,737 96,737 652 97,389 73,159 - 24,230 31
99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301
99970 Tree Replacement Project 1,233,420 1,255,068 12,456 1,267,524 691,981 - 575,543 32
99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612
99997 Main Library Field Trust 115,571 115,571 - 115,571 115,571 - 0 C
Sub-Total 20,602,336 22,598,024 553,513 23,151,537 18,074,080 53,790 5,023,667
TOTAL ALL PROJECTS 36,604,182 39,764,516 642,329 40,406,845 30,634,620 298,824 9,473,401
35
City of Clearwater
SPECIAL DEVELOPMENT FUND
Third Quarter
FY 2013/14
Increase/
(Decrease)Description
Revenues
Ad Valorem Taxes 13,000
An increase in Ad Valorem Taxes to bring the
budget in line with actual receipts for the year.
Interest Earnings 405,500
An increase in Interest Earnings to bring the budget
in line with actual receipts for the year.
Open Space Fees 51,340
An increase in Open Space Fees to bring the budget
in line with actual receipts for the year.
Recreation Facility Impact Fees 28,850
An increase in Recreation Facility Impact Fees to
bring the budget in line with actual receipts for the
year.
Recreation Land Impact Fees 152,260
An increase in Recreation Land Impact Fees to bring
the budget in line with actual receipts for the year.
Fee in Lieu of Drainage Retention 1,500
An increase in Fee in Lieu of Drainage Retention to
bring the budget in line with actual receipts for the
year.
Fee in Lieu of Sidewalks 6,350
An increase in Fee in Lieu of Sidewalks to bring the
budget in line with actual receipts for the year.
Transportation Impact Fees (56,000)
A decrease in Transportation Impact Fees to bring
the budget in line with actual receipts for the year.
602,800$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund (187,332)
Third quarter expenditure amendments reflect the
following:1)a transfer of $812,668 in Sales Tax
Infrastructure revenues to capital project 315-93528,
Countryside Library Renovation,as approved by the
Council on August 7,2014;and 2)the return of
$1,000,000 in Sales Tax Infrastructure revenue from
capital project 315-93623,Capitol Theatre,these
funds are being returned for allocation to future Penny
projects.
(187,332)$ Net Expenditure Amendments
36
SPECIAL REVENUE FUNDS
Third Quarter: October 1, 2013 - June 30, 2014
Original First Quarter Mid Year Third Quarter
Budget Amended Budget Amended Budget Amended Budget
2013/14 2013/14 2013/14 2013/14 Amendments
SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes 1,823,650 1,823,650 1,823,650 1,836,650 13,000
Infrastructure Tax 8,632,540 8,632,540 8,632,540 8,632,540
Interest Earnings 35,000 35,000 35,000 440,500 405,500
Open Space Fees 20,000 20,000 20,000 71,340 51,340
Recreation Facility Impact Fees 25,000 25,000 25,000 53,850 28,850
Recreation Land Impact Fees 25,000 25,000 25,000 177,260 152,260
Fee in Lieu of Drainage Retention - - - 1,500 1,500
Fee in Lieu of Sidewalks - - - 6,350 6,350
Transportation Impact 125,000 125,000 125,000 69,000 (56,000)
Local Option Gas Tax 1,400,000 1,400,000 1,400,000 1,400,000
Allocation of Assigned Fund Balance 1,100,190 1,600,190 2,528,190 2,528,190
13,186,380 13,686,380 14,614,380 15,217,180 602,800
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 1,823,650 1,823,650 1,823,650 1,823,650
Infrastructure Tax 8,831,680 9,331,680 10,181,680 9,994,348 (187,332)
Recreation Land Impact Fees - 78,000 78,000
Transportation Impact fees 290,000 290,000 190,000 190,000
Local Option Gas Tax 1,409,990 1,409,990 1,409,990 1,409,990
Developer Contributions - Public Art - - - -
Unassigned Fund Balance - - - - -
Infrastructure Tax - Debt on Internal Loans 726,060 726,060 726,060 726,060
13,081,380 13,581,380 14,409,380 14,222,048 (187,332)
37
SPECIAL REVENUE FUNDS
Third Quarter: October 1, 2013 - June 30, 2014
Original First Quarter Mid Year Third Quarter
Budget Amended Budget Amended Budget Amended Budget
2013/14 2013/14 2013/14 2013/14 Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG Program Income 970,480 970,480 970,480 970,480
Interest Earnings 50,000 73,335 73,335 73,564 229
Grant Funds - 211,737 263,557 301,100 37,543
Other Governmental Revenue - 175,000 176,167 89,598 (86,569)
Police Fines and Court Proceeds - 192,371 337,087 474,096 137,009
Donations - 15,342 16,534 23,913 7,379
Sales - 284,814 843,260 880,467 37,206
Rentals - 12,721 18,395 70,268 51,874
Sponsorships - 39,459 51,959 92,123 40,164
Memberships/Registrations - 4,100 6,000 44,700 38,700
Contractual Services - 523,589 794,540 1,205,430 410,890
Transfers from General Fund - 367,000 629,500 597,405 (32,095)
Sister City Program 3,000 3,000 3,000 3,000
Special Events 70,000 70,000 70,000 70,000
1,093,480 2,942,948 4,253,814 4,896,144 642,329
Expenditures:
CDBG/Home Funds 970,480 970,480 970,480 970,480
Planning - - - -
Public Safety - 596,174 791,456 1,027,246 235,790
Community Development - 102,490 364,990 218,017 (146,973)
Social Services - 2,635 2,635 2,635
Marine - 5,565 5,565 5,565
Sister City Program 3,000 3,000 3,000 3,000
Special Event Funding 70,000 70,000 70,000 70,000
Other Miscellaneous Programs - 1,142,603 1,995,687 2,549,201 553,513
1,043,480 2,892,948 4,203,814 4,846,144 642,329
38
CITY OF CLEARWATER
THIRD QUARTER SUMMARY
2013/14
FY 13/14 Amended Third Third Third
Adopted Previous Quarter Quarter Quarter Amended
Description Budget Quarter Projected Actual Variance %Adjustment Budget
General Fund:
Revenues 114,923,880 117,311,958 89,756,608 90,959,790 1,203,182 1%3,300,019 120,611,977
Expenditures 114,923,880 117,311,958 91,692,305 89,267,073 2,425,232 3%3,300,019 120,611,977
Utility Funds:
Water & Sewer Fund
Revenues 69,216,770 69,299,890 51,498,878 51,202,519 (296,359) -1%- 69,299,890
Expenditures 67,727,960 67,811,080 53,401,211 52,079,807 1,321,404 2%1,200,000 69,011,080
Stormwater Fund
Revenues 16,730,140 16,798,320 12,550,215 12,806,357 256,142 2%237,870 17,036,190
Expenditures 16,156,510 16,224,690 13,545,893 12,977,082 568,812 4%- 16,224,690
Gas Fund
Revenues 41,051,450 43,502,360 32,536,295 33,523,605 987,310 3%920,460 44,422,820
Expenditures 36,089,850 38,317,760 30,715,570 29,976,297 739,273 2%337,670 38,655,430
Solid Waste Fund
Revenues 19,600,100 19,830,610 14,938,882 15,381,375 442,493 3%210,630 20,041,240
Expenditures 18,971,240 19,140,250 14,695,582 14,240,640 454,942 3%(95,480) 19,044,770
Recycling Fund
Revenues 2,993,950 3,089,230 1,927,983 2,060,919 132,936 7%(139,800) 2,949,430
Expenditures 2,993,950 3,089,230 2,388,581 2,241,164 147,417 6%(139,800) 2,949,430
Enterprise Funds:
Marine Fund
Revenues 4,676,270 4,706,590 3,474,904 3,339,294 (135,610) -4%- 4,706,590
Expenditures 4,488,090 4,518,410 3,324,685 3,250,102 74,583 2%- 4,518,410
Airpark Fund
Revenues 260,000 262,430 197,530 199,325 1,795 1%3 262,433
Expenditures 183,100 192,530 149,844 143,813 6,031 4%- 192,530
Clearwater Harbor Marina Fund
Revenues 563,200 564,620 436,164 517,561 81,397 19%- 564,620
Expenditures 503,230 504,650 386,031 352,532 33,499 9%- 504,650
Parking Fund
Revenues 4,630,000 4,689,680 3,618,210 3,780,778 162,568 4%- 4,689,680
Expenditures 4,137,250 4,200,480 3,237,156 2,991,884 245,272 8%16,316 4,216,796
Harborview Center
Revenues 48,250 48,250 36,189 44,812 8,623 24%- 48,250
Expenditures 38,280 38,280 28,963 21,136 7,827 27%- 38,280
Internal Service Funds:
General Services Fund
Revenues 4,712,510 4,720,040 3,542,423 3,599,982 57,559 2%(175,015) 4,545,025
Expenditures 4,612,240 4,619,770 3,528,961 3,346,980 181,981 5%(175,015) 4,444,755
Administrative Services
Revenues 10,239,200 10,275,380 7,322,689 7,267,116 (55,573) -1%- 10,275,380
Expenditures 10,101,630 10,137,810 7,917,136 7,420,999 496,137 6%- 10,137,810
Garage Fund
Revenues 13,540,500 13,651,729 10,169,948 9,774,338 (395,610) -4%13,860 13,665,589
Expenditures 13,540,500 13,651,729 10,351,521 10,066,077 285,443 3%13,860 13,665,589
Central Insurance Fund
Revenues 22,158,160 23,724,160 16,335,004 15,811,089 (523,915) -3%- 23,724,160
Expenditures 22,158,160 23,724,160 18,197,439 14,497,591 3,699,848 20%- 23,724,160
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter Review
FY 2013 / 14
39
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based on the code
specified criteria:
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in any one change or
cumulatively for the same project.
*****
05/30/14 Administrative Change Order #2 – Hillcrest-Brookhill Neighborhood Traffic
Calming & Stormwater Improvements (10-0002-EN & 10-0050-EN). This
change order is needed to decrease, increase and add items due to field conditions
with no change to the contract amount.
David Nelson Construction, Inc. 0
05/30/14 Administrative Change Order #1 and final – Reverse Osmosis Plant 1 – Plant
Expansion Phase 1: Concentrate and Brackish Pipelines (09-0018-UT). This
change order is needed for final increases, decreases and added items according to
field conditions resulting in a net decrease to the contract.
SL Williams Consulting Corp. (206,171.77)
05/30/14 Administrative Change Order #3 and final – Mandalay Avenue Stormwater
Outfall (11-0031-EN). This change order is needed for final increases, decreases
and added items according to field conditions resulting in a net decrease to the
contract.
Kamminga and Roodvoets, Inc. (173,744.94)
06/03/14 Administrative Change Order #1 – WTP2-Contract 2: Raw Water Transmission
Main US19 Crossing (10-0039-UT-B). This change order is needed for increases,
decreases and added items according to field conditions with no change to the
contract amount.
Young’s Communication Co., Inc. 0
06/04/14 Administrative Change Order #1 and final – Lift Station 2/2A Rehabilitation (08-
0050-UT). This change order is needed for final decreases and added items
according to field conditions resulting in a net decrease to the contract amount.
TLC Diversified, Inc. (8,365.00)
07/03/14 Administrative Change Order #1 and final – Marshall St. Salsnes Filter Design
(06-0022-UT). This change order is needed for final increases, decreases and
added items according to field conditions resulting in a net decrease to the
contract amount.
TLC Diversified, Inc. (707,289.80)
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter Review
FY 2013 / 14
40
07/11/14 Administrative Change Order #1 and final – Island Estates Bridge Repairs (13-
0004-EN). This change order is needed for final decreases and added items
according to field conditions resulting in a net decrease to the contract amount.
Biltmore Construction Co., Inc. (5,484.91)
07/14/14 Administrative Change Order #1 and final – Reservoir 2 Brackish Wellfield
Expansion (10-0033-UT). This change order is needed for final increases,
decreases and added items according to field conditions resulting in a net decrease
to the contract amount.
Southeast Drilling Services, Inc. (94,670.50)
07/15/14 Administrative Change Order #2 – Sanitary Sewer and Manhole Rehab-Sanitary
Sewer Emergency Repair (09-0047-UT). This change order is needed to decrease
stormwater items and increase funding for emergency sewer repairs with the same
unit prices. These changes result in a net increase to the contract amount.
Rowland Inc. 74,894.91
07/29/14 Administrative Change Order #2 and final – WTP2-Contract 2: Raw Water
Transmission Main US19 Crossing (10-0039-UT). This change order is needed
for final increases, decreases and added items according to field conditions
resulting in a net decrease to the contract amount.
Young’s Communication Co. Inc. (66,825.36)
08/06/14 Administrative Change Order #3 and final – Town Pond Modifications
Stormwater Improvements (11-0008-EN). This change order is needed for final
added items according to field conditions resulting in a net increase to the contract
amount.
Pepper Contracting Services Inc. 3,071.00
Ordinance No. 8601-14 41
ORDINANCE NO. 8601-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2014 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
AND SEWER FUND, STORMWATER FUND, SOLID WASTE
FUND, RECYCLING FUND, GAS FUND, AIRPARK FUND,
PARKING FUND, GENERAL SERVICES FUND, AND GARAGE
FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2014, for operating
purposes, including debt service, was adopted by Ordinance No. 8476-13; and
WHEREAS, at the Third Quarter Review it was found that an increase of $5,613,156
is necessary for revenues and an increase of $4,912,567 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8476-13 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2013 and ending September 30, 2014 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_______________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
_______________________________ ________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
EXHIBIT A
2013-14 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Budgeted Amended Amended Amended
Revenues Budget Budget Budget Budget
2013/14 2013/14 2013/14 2013/14 Amendment
General Fund:
Ad Valorem Taxes 36,453,700 36,453,700 36,453,700 36,717,170 263,470
Utility Taxes 13,588,250 13,588,250 13,588,250 14,118,250 530,000
Local Option, Fuel & Other Taxes 8,260,650 8,260,650 8,260,650 7,260,650 (1,000,000)
Franchise Fees 10,163,930 10,163,930 10,163,930 9,743,930 (420,000)
Other Permits & Fees 1,985,700 1,985,700 1,985,700 2,485,700 500,000
Intergovernmental Revenues 19,068,590 19,083,109 19,127,553 21,439,394 2,311,841
Charges for Services 13,663,630 13,777,260 13,893,260 13,850,720 (42,540)
Judgement, Fines & Forfeitures 996,150 996,150 996,150 996,150
Miscellaneous Revenues 1,521,370 1,521,370 1,667,410 1,737,458 70,048
Transfers In 7,798,490 9,205,292 9,205,292 9,237,387 32,095
Other Financing Sources - - - -
Transfer from Reserves - 1,525,113 1,970,063 3,025,168 1,055,105
Total, General Fund 113,500,460 116,560,524 117,311,958 120,611,977 3,300,019
Special Revenue Funds:
Special Development Fund 12,086,190 13,686,380 14,614,380 15,217,180 602,800
Special Program Fund 1,093,480 2,942,948 4,253,814 4,896,144 642,329
Utility & Other Enterprise Funds:
Water & Sewer Fund 69,216,770 69,299,890 69,299,890 69,299,890
Stormwater Utility Fund 16,730,140 16,755,610 16,798,320 17,036,190 237,870
Solid Waste Fund 19,600,100 19,650,610 19,830,610 20,041,240 210,630
Gas Fund 39,351,450 42,577,360 43,502,360 44,422,820 920,460
Recycling Fund 2,728,000 3,158,730 3,089,230 2,949,430 (139,800)
Airpark Fund 260,000 260,430 262,430 262,433 3
Marine Fund 4,676,270 4,682,020 4,706,590 4,706,590
Clearwater Harbor Marina 563,200 564,620 564,620 564,620
Parking Fund 4,630,000 4,689,680 4,689,680 4,689,680
Harborview Center Fund 48,250 48,250 48,250 48,250
Internal Service Funds:
Administrative Services Fund 9,714,200 10,275,380 10,275,380 10,275,380
General Services Fund 4,712,510 4,733,380 4,720,040 4,545,025 (175,015)
Garage Fund 13,540,500 13,556,870 13,651,729 13,665,589 13,860
Central Insurance Fund 20,736,490 23,724,160 23,724,160 23,724,160
Total, All Funds 333,188,010 347,166,841 351,343,442 356,956,598 5,613,156
42
Ordinance #8601-14
EXHIBIT A (Continued)
2013-14 BUDGET EXPENDITURES
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2013/14 2013/14 2013/14 2013/14 Amendment
General Fund:
City Council 278,010 280,130 280,130 280,130
City Manager's Office 1,185,310 1,079,302 1,079,302 1,079,302
City Attorney's Office 1,592,530 1,598,560 1,704,600 1,804,028 99,428
City Auditor's Office 198,750 199,620 199,620 202,620 3,000
Economic Development & Housing Svc 1,362,310 1,366,170 1,366,170 1,366,170
Engineering 7,588,090 7,615,570 7,615,570 7,615,570
Finance 2,190,560 2,172,930 2,172,930 2,172,930
Fire 23,891,470 24,038,180 24,233,180 25,541,240 1,308,060
Human Resources 1,026,540 1,140,218 1,140,218 1,140,218
Library 5,959,470 5,986,390 5,986,390 5,986,390
Marine & Aviation 693,570 769,400 850,400 843,860 (6,540)
Non-Departmental 3,970,100 4,931,722 5,234,222 6,100,592 866,370
Office of Management & Budget 312,550 313,970 313,970 409,230 95,260
Official Records & Legislative Svcs 1,200,750 1,204,660 1,204,660 1,204,660
Parks & Recreation 21,135,600 21,306,682 21,364,132 21,393,122 28,990
Planning & Development 4,838,370 4,871,720 4,871,720 4,899,920 28,200
Police 36,329,010 36,510,039 36,519,484 37,396,735 877,251
Public Communications 926,880 931,250 931,250 931,250
Public Utilities 244,010 244,010 244,010 244,010
Allocation to Reserves - - - -
Total, General Fund 114,923,880 116,560,524 117,311,958 120,611,977 3,300,019
Special Revenue Funds:
Special Development Fund 13,081,380 13,581,380 14,409,380 14,222,048 (187,332)
Special Program Fund 1,043,480 2,892,948 4,203,814 4,846,144 642,329
Utility & Other Enterprise Funds:
Water & Sewer Fund 67,727,960 67,811,080 67,811,080 69,011,080 1,200,000
Stormwater Utility Fund 16,156,510 16,181,980 16,224,690 16,224,690
Solid Waste Fund 18,971,240 19,118,250 19,140,250 19,044,770 (95,480)
Gas Fund 36,089,850 37,565,982 38,317,760 38,655,430 337,670
Recycling Fund 2,993,950 3,158,730 3,089,230 2,949,430 (139,800)
Airpark Fund 183,100 183,530 192,530 192,530
Marine Fund 4,488,090 4,493,840 4,518,410 4,518,410
Clearwater Harbor Marina 503,230 504,650 504,650 504,650
Parking Fund 4,137,250 4,200,480 4,200,480 4,216,796 16,316
Harborview Center Fund 38,280 38,280 38,280 38,280
Internal Service Funds:
Administrative Services Fund 10,101,630 10,137,810 10,137,810 10,137,810
General Services Fund 4,612,240 4,633,110 4,619,770 4,444,755 (175,015)
Garage Fund 13,540,500 13,556,870 13,651,729 13,665,589 13,860
Central Insurance Fund 22,158,160 23,724,160 23,724,160 23,724,160
Total, All Funds 330,750,730 338,343,603 342,095,982 347,008,549 4,912,567
43
Ordinance #8601-14
44
Ordinance No. 8602-14
ORDINANCE NO. 8602-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2014, TO REFLECT A NET INCREASE OF $2,095,802
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2014 was adopted by Ordinance No. 8477-13; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8477-13 is amended to read:
Pursuant to the Mid Year Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2013 and ending September 30, 2014, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Year Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
______________________________ ____________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2013/14 2013/14 2013/14 2013/14 Amendments
Fire Protection 1,540,690 1,644,040 1,644,040 1,644,040
Major Street Maintenance 3,408,640 3,408,640 3,408,640 3,408,640
Sidewalk and Bike Trail 100,000 100,000 100,000 100,000
Intersections 435,000 435,000 335,000 335,000
Parking 305,000 305,000 305,000 305,000
Miscellaneous Engineering 35,000 35,000 35,000 35,000
Park Development 1,060,000 1,801,272 3,136,593 3,136,593
Marine Facilities 488,000 487,914 487,914 497,211 9,297
Airpark Facilities 10,000 10,000 10,000 9,997 (3)
Libraries 7,557,000 7,557,000 7,557,000 8,409,668 852,668
Garage 5,911,100 5,911,100 5,911,100 5,911,100
Maintenance of Buildings 441,910 441,996 484,706 484,706
Miscellaneous 1,055,000 1,055,000 1,755,000 1,755,000
Stormwater Utility 5,111,570 6,211,570 6,211,570 6,633,066 421,496
Gas System 4,000,000 4,220,581 4,221,970 4,271,134 49,164
Solid Waste 540,000 540,000 540,000 540,000
Utilities Miscellaneous 20,000 20,000 162,000 162,000
Sewer System 7,602,000 7,608,965 8,352,608 8,352,608
Water System 4,745,000 4,745,000 4,603,025 5,366,205 763,180
Recycling 60,000 60,000 60,000 60,000
TOTAL PROJECT EXPENDITURES 44,425,910 46,598,078 49,321,166 51,416,968 2,095,802
GENERAL SOURCES:
General Operating Revenue 1,853,920 2,448,542 2,488,542 2,528,542 40,000
General Revenue/County Co-op 557,000 557,000 557,000 557,000
Road Millage 1,823,650 1,823,650 1,823,650 1,823,650
Penny for Pinellas 8,831,680 9,331,680 10,181,680 9,994,348 (187,332)
Transportation Impact Fee 290,000 290,000 190,000 190,000
Local Option Gas Tax 1,409,990 1,409,990 1,409,990 1,409,990
Recreation Land Impact Fees 0 0 78,000 78,000
Special Program Fund 30,000 30,000 30,000 30,000
Grants - Other Agencies 100,000 100,000 600,000 609,297 9,297
Other Governmental 0 6,965 754,607 767,787 13,180
Property Owner's Share 0 8,199 9,588 58,752 49,164
Reimbursements 0 0 3,321 3,321
Interest Earned- Other 0 0 25 25
Community Redevelopment Agency 0 0 0 1,000,000 1,000,000
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14
45
Ordinance # 8602-14
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2013/14 2013/14 2013/14 2013/14 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14
SELF SUPPORTING FUNDS:
Marine Revenue 60,000 60,000 60,000 60,000
Clearwater Harbor Marina Revenue 15,000 15,000 15,000 15,000
Airpark Revenue 10,000 10,000 10,000 9,997 (3)
Parking Revenue 315,000 315,000 315,000 315,000
Utility System:
Water Revenue 3,625,000 3,625,000 3,625,000 3,625,000
Sewer Revenue 5,192,760 5,192,760 5,192,760 5,192,760
Water Impact Fees 12,000 12,000 12,000 12,000
Sewer Impact Fees 6,230 6,230 6,230 6,230
Utility R&R 3,420,010 3,420,010 3,420,010 3,420,010
Stormwater Utility Revenue 5,111,570 5,111,570 5,154,280 5,154,280
Gas Revenue 4,000,000 3,962,382 3,962,382 3,962,382
Solid Waste Revenue 540,000 540,000 540,000 540,000
Recycling Revenue 60,000 60,000 60,000 60,000
Grants - Other Agencies 0 1,100,000 1,660,000 2,831,496 1,171,496
INTERNAL SERVICE FUNDS:
Garage Revenue 121,100 121,100 121,100 121,100
Administrative Services Revenue 700,000 700,000 700,000 700,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 240,000 240,000 240,000 240,000
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 60,000 60,000 60,000 60,000
Lease Purchase - Sewer 51,000 51,000 51,000 51,000
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 5,590,000 5,590,000 5,590,000 5,590,000
Lease Purchase - Administrative Services 400,000 400,000 400,000 400,000
TOTAL ALL FUNDING SOURCES:44,425,910 46,598,078 49,321,166 51,416,968 2,095,802
46
Ordinance # 8602-14
1
THIRD QUARTER REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2013-14 REPORT
PAGE #
General Fund Operating Budget .................................................................................................................. 3
Utility Funds Operating Budget ..................................................................................................................... 8
Other Enterprise Funds Operating Budgets .............................................................................................. 13
Internal Service Funds Operating Budgets ................................................................................................ 17
Capital Improvement Program Budget ....................................................................................................... 20
Special Program Fund Budget.................................................................................................................... 29
Special Development Funds ....................................................................................................................... 36
Administrative Change Orders .................................................................................................................... 39
Ordinances .................................................................................................................................................. 41
Third quarter budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects
identified in the report are not simply time percentages applied to annual budgets but rather department
director's judgment of month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents six months, October 1, 2013 through June
30, 2014. The adjustments, however, represent all data available at the time of the report, including action
taken by the City Council after June 30, 2014.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Original Budget The budget as adopted by the City Council on September 19, 2013.
Third Quarter Projections Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
Third Quarter Actual Self-explanatory.
Variance Difference between Third Quarter projected and Third Quarter actual.
Variance % % of variance to Third Quarter projection.
Adjustments Adjustments that have been approved by the City Council, made at the
Manager’s discretion, and/or adjustments proposed based on Third
Quarter review.
Amended Budget Adding the Original Budget and Adjustments.
Amended Budget % Percentage change of amended budget to original budget.
2
Capital Improvement Projects
The amended 2013/14 Capital Improvement Projects budget report is submitted for the City Council review.
This review provides the opportunity to analyze the status of all active projects and present formal
amendments to the project budget.
The Capital Improvement and Special Program funds information is presented as follows:
Definitions:
Budget The budget as of October 1, 2013, which includes budgets from prior
years, which have not been completed.
Amendment Amendments which have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed as a result of the Third
Quarter review.
Revised Budget Adding columns one and two.
Expenditure Self-explanatory.
Encumbrance Outstanding contract or purchase order commitment.
Available Balance Difference between revised budget and expenditure plus encumbrance.
Status C - project is completed
Amend Ref Reference number for description of amendment.
Increase/
(Decrease)Description
263,470
At third quarter,basically all property tax revenues have been
received.The budget is increased by $263,470 to reflect actual
collections for the year.
530,000
At third quarter,an increase of $530,000 is recommended to
bring the budget in line with actual receipts of the final months
of the year.
(1,000,000)
At third quarter,the revenue category of Local Option,Fuel
and Other Taxes reflects a 25%negative variance primarily
related to the timing of Communication Services Tax
collections.Adjusting for timing,and a prior year adjustment
received from the DOR audit,revenues received to date are
17%less than expected for the year and 3%less than the prior
year.A reduction of $1,000,000 is recommended to bring the
budget in line with actual receipts for the final months of the
year.
Franchise Fee (420,000)
At third quarter,franchise fee revenues reflect a 13%negative
variance primarily related to the Progress Energy fee.Progress
Energy fee revenues received to date are 9%less than
expected due to mild winter weather patterns.A reduction of
$420,000 is recommended to bring the budget in line with actual
receipts for the final months of the year.
Other Permits and Fees 500,000
At third quarter,other permits and fees revenues reflect a 35%
positive variance primarily related to the building and sign
permit revenue.An increase of $500,000 is recommended to
bring the budget in line with actual receipts for the final months
of the year.
Intergovernmental 2,311,841
At third quarter,amendments to Other Governmental revenue
reflect a net increase of $2,311,840.77.Amendments include:
1)an increase of $17,045.96 in reimbursements from the
Department of Treasury supporting the HIDTA and the FBI
which offset expenditure increases in the Police Department;2)
an increase of $126,530 to State Revenue Sharing revenues
representing an adjustment payment received from the state;
and 3)an increase of $2,168,264.81 based upon direction of
the Government Finance Officer's Association (GFOA)which
believes that our state monies for Police and Fire supplemental
plans should not be received by the plans,but instead recorded
as a revenue and as an expenditure for City employer
contributions to the General Fund budget.
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2013/14
Local Option, Fuel and Other
Taxes
Ad Valorem Taxes
Utility Taxes
3
Increase/
(Decrease)Description
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2013/14
Charges for Service (42,540)
At third quarter,Charges for Service revenue reflect a net
decrease of $42,540.Amendments include:1)an decrease of
$6,540 to Cigarette Sales revenue which brings the budget in
line with actual receipts due to the discontinuation of sales of
Cigarettes in June;2)a decrease of $10,000 to rental fees to
bring the budget in line with projected receipts for the
Clearwater Beach Recreation Center;and 3)a decrease of
$26,000 in revenue projections for service fees at Ross Norton.
Miscellaneous 70,048
Third quarter amendments to miscellaneous revenues reflect a
net increase of $61,220.Amendments include:1)an increase
of $36,000 to South Beach Pavilion umbrella revenue due to
higher than expected receipts;2)an increase of $34,048 in
reimbursements from CMA which offsets an increase in
expenditures in the City Attorney's office; and 3)
32,095
At third quarter,transfer in revenue reflects the return of
$32,095.13 in General Fund revenues from closed special
program project 181-99863, Pension Changes.
Third quarter amendments reflect a net appropriation of
$1,055,104.87 from General Fund retained earnings.
Amendments represent the following allocations:
545,000
1)An appropriation of $545,000 from retained earnings to
fund the buyback of prior service credit for certain hazardous
duty contract employees as approved by the Council on May 15,
2014.
237,870
2)An appropriation of $237,870 from retained earnings to
fund reimbursement to the Stormwater Fund for surplus land,as
approved by Council on August 7, 2014.
28,200
3)An appropriation of $28,200 from retained earnings to fund
the HDR Engineering contract in the Planning Department as
approved by the Council on August 7, 2014.
186,130
4)An appropriation of $186,130 from retained earnings to fund
the retirement payouts of long term employees in the City
Attorney's Office,Office of Management and Budget and Parks
and Recreation.
40,000
5)An appropriation of $40,000 from retained earnings to fund
expenses for capital project 315-93528,Countryside Library
Renovation which do not qualify for Penny for Pinellas funding.
This was approved by the Council on August 7, 2014.
50,000
6)An appropriation of $50,000 from retained earnings to fund
an EEOC settlement,as approved by the Council on September
18, 2014.
(32,095)
7)A reduction to the use of General Fund reserves by
$32,095.13 will bring the General Fund in balance at third
quarter.This reduction represents the return of funds from
closed special program project 181-99863, Pension Changes.
1,055,105
3,300,019
Net General Fund Revenue
Amendment
Net Transfer (to) from
Retained Earnings
Transfer (to) from Surplus
Transfers In
4
Increase/
(Decrease)Description
99,428
Third quarter amendments to the City Attorney's Office reflect an
increase of $34,048 to professional services for the use of outside
council which is offset by a revenue amendment recognizing
reimbursement revenue from Clearwater Marine Aquarium.
Amendments also include an increase of $65,380 to personal
services to fund the retirement payout of a long term attorney.
3,000
Third quarter amendments to the City Audit program reflect an
increase of $3,000.This small department has had no vacancies
and is unable to achieve the salary savings or the cost additional
training.This increase is offset my savings in the Non-
Departmental program
1,308,060
Third quarter amendments to the Fire Department reflect an
increase of $1,308,060.03 for the City's contribution to the Fire
supplemental plan based upon guidance of the Government
Finance Officer's Association (GFOA)which believes that our state
monies for Police and Fire Supplemental plans should not be
received by the plans,but instead be recorded as a revenue and
an expenditure for City employer contributions in the General
Fund.This budget expenditure increase is offset by a revenue
amendment recognizing the supplemental revenue.
(6,540)
Third quarter amendments to Pier 60 expenditures reflect a
decrease of $6,540 to inventory purchases for resale to offset the
revenue amendment which is recognized due to the
discontinuation of cigarette sales.
95,260
Third quarter amendments to Office of Management and Budget
expenditures recognize an increase of $91,760 to personal
services to fund the retirement payout of the budget director,which
is offset by a revenue amendment recognizing an allocation of
General Fund reserves.This small department has had no
vacancies and is unable to achieve salary savings for the year,an
increase of $3,500 is also recognized at third quarter which is
offset by savings in the Non-Departmental program.
28,990
Third quarter amendments to Parks and Recreation expenditures
recognize an increase of $28,990 to personal services to fund
retirement payouts of three long term employees.This
expenditure is offset by a revenue amendment recognizing an
allocation of General Fund reserves.
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 2013/14
City Attorney's Office
City Audit
Parks & Recreation
Fire
Marine & Aviation
Office of Management
and Budget
5
Increase/
(Decrease)Description
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 2013/14
877,251
Third quarter amendments to the Police Department reflect a net
increase of $877,250.74.Amendments include:1)an increase to
overtime by $17,045.96 which is offset by revenue amendments
recognizing the reimbursements received for overtime from the
Department of Treasury supporting HIDTA,the Secret Service and
the FBI;and 2)an increase of $860,204.78 for the City's
contribution to the Police supplemental plan based upon guidance
of the Government Finance Officer's Association (GFOA)which
believes that our state monies for Police and Fire Supplemental
plans should not be received by the plans,but instead be recorded
as a revenue and an expenditure for City employer contributions in
the General Fund.This budget expenditure increase is offset by a
revenue amendment recognizing the supplemental revenue.
28,200
Third quarter amendments to the Planning Department reflect an
increase of $28,200 to contractual services to fund the HDR
Engineering contract for the US 19 Corridor Redevelopment Plan.
This increase is offset by an allocation of General Fund retained
earnings as approved by the Council on August 7, 2014.
Non-Departmental
588,500
Third quarter amendments to Non-Departmental reflect an
increase of $545,000 to pension contribution to provide funding for
the buyback of prior service credit for certain hazardous duty
contract employees enrolled in the City of Clearwater Employees'
Pension Plan. This was approved by the Council on May 15, 2014
with offsetting revenues from General Fund reserves.
Amendments also include a reduction of $6,500 at third quarter
representing savings which will offset increases in the City Audit
and Office of Management and Budget departments, and an
increase to legal settlements for $50,000 for an EEOC settlement
that was approved by the Council on September 18, 2014.
The budget amendment reflects the following City Council
approved interfund transfers of $277,870 at third quarter:
237,870
1)A transfer of $237,870 from General Fund unappropriated
retained earnings to reimburse the Stormwater Fund for surplus
land; as approved by the Council on August 7, 2014.
40,000
2)A transfer of $40,000 from General Fund unappropriated
retained earnings to fund expenditures in capital project 315-
93528,Countryside Library Renovation not qualified for Penny for
Pinellas funding; as approved by the Council on August 7, 2014.
866,370
3,300,019
Net General Fund
Expenditure
Amendment
Police
Planning
6
Increase/
(Decrease)Description
Water & Sewer Fund
At third quarter, anticipated revenues of the Water & Sewer Fund
exceed anticipated expenditures by $288,810 for fiscal year 2013/14.
Revenues:
No amendments are proposed to Water and Sewer fund revenues at
third quarter.
Expenditures:1,200,000
Third quarter amendments to Water and Sewer fund expenditures
reflect an increase of $3,200,000 to the Water Supply program for
increased water purchases from Pinellas County due to production
interruptions related to RO #1 Expansion and RO #2 construction
projects.This increase is offset by a reduction of $2,000,000 to WPC
Plant Operations due to savings in electrical charges and lab chemical
supplies.Also included is an amendment increasing personal
services,training,memberships and garage services for a total of
$175,015 to recognize the transfer of five electricians from the Building
and Maintenance department to the Infrastructure Maintenance
program which was approved by City management in February.This
increase is offset by an equal decrease to building and maintenance
fixed charges.
Stormwater Fund
At third quarter, anticipated revenues of the Stormwater Fund exceed
anticipated expenditures by $811,500 for fiscal year 2013/14.
Revenues:237,870
At third quarter,Stormwater fund revenues reflect a transfer from
General Fund reserves for $237,870,recognizing reimbursement for
surplus land as approved by the Council on August 7, 2014.
Expenditures:
No amendments are proposed to Stormwater Fund expenditures at
third quarter.
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2013/14
8
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2013/14
Gas Fund
At third quarter, anticipated revenues of the Gas Fund exceed
anticipated expenditures by $5,767,390 for fiscal year 2013/14.
Revenues:920,460
Third quarter revenues in the Gas Fund reflect a net increase of
$920,460.Amendments include:1)an increase of $400,000 in RIA
recovery gas sales;2)an increase of $18,000 in Natural Gas Vehicle
(NGV)sales;3)an increase of $161,960 in service charges to
customers,including appliance sales,franchise fees and installation
charges;4)an increase of $10,500 other revenue;and 5)an increase
of $330,000 in capitalized labor.These amendments bring the budget
in line with actual and estimated receipts for the remainder of the year.
Expenditures:337,670
Third quarter expenditures in the Gas Fund reflect an net increase of
$337,670.Amendments include:1)an increase of $321,170 to
operating expenditures which include increases in resale purchases,
fuel,operating supplies,machinery and equipment,and promotional
activity;2)an increase of $4,000 to internal service charges for building
and maintenance variable charges;and 3)an increase of $12,500 to
capital expenditures for the purchase of televisions and equipment for
conference rooms.
Solid Waste Fund
At third quarter, anticipated revenues of the Solid Waste Fund exceed
anticipated expenditures by $996,470 for fiscal year 2013/14.
Revenues:210,630
Third quarter revenues in the Solid Waste Fund reflect a net increase
of $210,630.Amendments include an increase of $150,000 to Solid
Waste collection charge revenue due to better than anticipated
performance;an increase of $60,000 in interest earnings due to better
than anticipated performance;an increase of $5,000 to other general
revenue;a decrease of $5,000 in contractor collection fees;and other
small increases and decreases which net an increase of $630 to bring
the budget in line with actual and projected receipts.
Expenditures:(95,480)
Third quarter expenditures in the Solid Waste Fund reflect a net
decrease of $95,480.Amendments include a decrease of $85,850 to
personnel cost due to employee turnover;a decrease of $60,800 to
dump fees due to lower than expected volumes;an increase of
$48,000 to garage services due to higher than expected costs for
vehicle repairs;and various increases and decreases which net an
increase of $3,170 to bring the budget in line with actual expenditures.
9
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2013/14
Recycling Fund
At third quarter, anticipated revenues of the Recycling Fund equal
anticipated expenditures for fiscal year 2013/14.
Revenues:(139,800)
Third quarter revenues in the Recycling Fund reflect a net decrease
of $139,800.Amendments include:1)an increase of $7,000 to
recycling fees;2)an increase of $48,000 to other general revenue due
to auction proceeds;3)a decrease of $16,400 in sale of recyclables
due to lower priced sale of single stream commodity;and 4)an
reduction of $178,400 to the estimated use of Recycling Fund retained
earnings due to projected operating savings and increased revenues.
Expenditures (139,800)
Third quarter expenditures in the Recycling Fund reflect a net
decrease of $139,800.Amendments include:1)a decrease of
$60,300 in personnel costs,2)a decrease of $30,000 in advertising;3)
a decrease of $18,000 in contractual services;4)a decrease of
$16,000 in operating supplies;5)a decrease of $15,000 in inventory
purchases for resale and 6)various increases and decreases which
net a decrease of $500 all to bring the budget in line with actual
expenditures.
10
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL FUND
GENERAL FUND REVENUES
Ad Valorem Taxes 36,453,700 35,884,100 36,689,771 805,671 2%263,470 36,717,170
Utility Taxes 13,588,250 8,700,595 9,053,791 353,196 4%530,000 14,118,250
Local Option, Fuel & Other Taxes 8,260,650 4,637,000 3,483,307 (1,153,693) -25%(1,000,000) 7,260,650
Franchise Fees 10,163,930 6,824,946 5,909,770 (915,176) -13%(420,000) 9,743,930
Other Permits & Fees 1,985,700 1,489,275 2,014,318 525,043 35%500,000 2,485,700
Intergovernmental 19,127,553 12,391,269 13,624,115 1,232,846 10%2,311,841 21,439,394
Charges for Services 13,893,260 10,203,478 10,299,617 96,139 1%(42,540) 13,850,720
Judgetments, Fines & Forfeitures 996,150 736,525 714,713 (21,812) -3%- 996,150
Miscellaneous Revenues 1,667,410 1,247,098 1,516,812 269,714 22%70,048 1,737,458
Transfers In 9,205,292 7,642,322 7,653,576 11,254 0%32,095 9,237,387
OPERATING REVENUES 115,341,895 89,756,608 90,959,790 1,203,182 1%2,244,914 117,586,809
Transfer (to) from Surplus 1,970,063 - - - ~1,055,105 3,025,168
TOTAL REVENUES 117,311,958 89,756,608 90,959,790 1,203,182 1%3,300,019 120,611,977
GENERAL FUND EXPENDITURES
City Council 280,130 219,983 197,918 22,065 10%- 280,130
City Manager's Office 1,079,302 782,887 790,158 (7,271) -1%- 1,079,302
City Attorney's Office 1,704,600 1,301,034 1,321,609 (20,575) -2%99,428 1,804,028
City Auditor's Office 199,620 155,575 156,676 (1,101) -1%3,000 202,620
Economic Development & Housing 1,366,170 1,102,071 1,041,763 60,308 5%- 1,366,170
Engineering 7,615,570 5,670,292 5,444,342 225,950 4%- 7,615,570
Finance 2,172,930 1,677,646 1,584,649 92,997 6%- 2,172,930
Fire 24,233,180 18,982,200 18,687,384 294,816 2%1,308,060 25,541,240
Human Resources 1,140,218 897,294 836,796 60,498 7%- 1,140,218
Library 5,986,390 4,718,249 4,566,831 151,418 3%- 5,986,390
Marine & Aviation 850,400 687,385 614,510 72,875 11%(6,540) 843,860
Non-Departmental 5,234,222 4,593,695 4,578,437 15,258 0%866,370 6,100,592
Office of Management & Budget 313,970 244,744 246,712 (1,968) -1%95,260 409,230
Official Records & Legislative Svcs 1,204,660 972,284 876,826 95,458 10%- 1,204,660
Parks & Recreation 21,364,132 16,564,795 16,029,954 534,841 3%28,990 21,393,122
Planning & Development 4,871,720 3,759,372 3,601,336 158,036 4%28,200 4,899,920
Police 36,519,484 28,464,474 27,840,161 624,313 2%877,251 37,396,735
Public Communications 931,250 715,332 682,512 32,820 5%- 931,250
Public Utilities 244,010 182,993 168,501 14,492 8%- 244,010
Allocation to GF Reserve - - - - ~- -
TOTAL EXPENDITURES 117,311,958 91,692,305 89,267,073 2,425,232 3%3,300,019 120,611,977
For Nine Month Period of October 1, 2013 - June 30, 2014
GENERAL FUND
THIRD QUARTER REVIEW
7
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Charges for Service 67,463,340 50,597,505 50,169,734 (427,771) -1%- 67,463,340
Judgements, Fines and Forfeits 271,000 203,247 208,421 5,174 3%- 271,000
Miscellaneous 1,482,430 615,006 736,294 121,288 20%- 1,482,430
Transfers In 83,120 83,120 88,070 4,950 6%- 83,120
Fund Equity - - - - ~- -
Total Revenues 69,299,890 51,498,878 51,202,519 (296,359) -1%- 69,299,890
Water & Sewer Fund Expenditures
Public Utilities Administration 960,280 724,386 724,352 34 0%- 960,280
Wastewater Collection 5,503,280 4,450,284 4,355,484 94,800 2%- 5,503,280
Public Utilities Maintenance 3,435,530 2,645,642 2,570,736 74,906 3%- 3,435,530
WPC / Plant Operations 18,390,690 14,880,123 12,512,525 2,367,598 16%(2,000,000) 16,390,690
WPC / Laboratory Operations 1,323,470 1,005,095 928,564 76,531 8%- 1,323,470
WPC / Industrial Pretreatment 871,300 665,637 508,475 157,162 24%- 871,300
Water Distribution 10,910,890 9,160,397 8,838,545 321,852 4%- 10,910,890
Water Supply 10,151,380 7,638,747 9,555,079 (1,916,332) -25%3,200,000 13,351,380
Reclaimed Water 2,393,540 1,827,863 1,681,624 146,239 8%- 2,393,540
Non-Departmental 13,870,720 10,403,037 10,404,422 (1,385) 0%- 13,870,720
Total Expenditures 67,811,080 53,401,211 52,079,807 1,321,404 2%1,200,000 69,011,080
STORMWATER FUND
Stormwater Utility Revenues
Charges for Service 16,474,550 12,355,920 12,497,293 141,373 1%- 16,474,550
Judgements, Fines and Forfeits 50,000 37,503 53,792 16,289 43%- 50,000
Miscellaneous 205,590 131,322 229,802 98,480 75%- 205,590
Transfers In 25,470 25,470 25,470 - 0%237,870 263,340
Fund Equity 42,710 - - - ~- 42,710
Total Revenues 16,798,320 12,550,215 12,806,357 256,142 2%237,870 17,036,190
Stormwater Utility Expenditures
Stormwater Management 10,119,790 8,898,953 8,626,444 272,510 3%- 10,119,790
Stormwater Maintenance 6,104,900 4,646,940 4,350,638 296,302 6%- 6,104,900
Total Expenditures 16,224,690 13,545,893 12,977,082 568,812 4%- 16,224,690
GAS FUND
Gas Fund Revenues
Charges for Service 39,692,250 31,602,764 32,302,638 699,874 2%589,960 40,282,210
Judgements, Fines and Forfeits 150,000 112,500 102,718 (9,782) -9%(10,000) 140,000
Miscellaneous 956,200 742,203 1,039,421 297,218 40%340,500 1,296,700
Transfers In 78,828 78,828 78,828 - 0%- 78,828
Fund Equity 2,625,082 - - - ~- 2,625,082
Total Revenues 43,502,360 32,536,295 33,523,605 987,310 3%920,460 44,422,820
Gas Fund Expenditures
Administration & Supply 24,026,436 18,557,000 18,165,248 391,752 2%(31,400) 23,995,036
South Area Gas Operations 7,625,448 6,492,070 6,242,479 249,591 4%22,630 7,648,078
North Area Gas Operations 2,769,470 2,390,436 2,190,319 200,117 8%55,210 2,824,680
Marketing & Sales 3,896,406 3,276,064 3,378,251 (102,187) -3%291,230 4,187,636
Total Expenditures 38,317,760 30,715,570 29,976,297 739,273 2%337,670 38,655,430
For the Nine Month Period of October 1, 2013 to June 30, 2014
UTILITY FUNDS
THIRD QUARTER REVIEW
11
2013/14 2013/14
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
For the Nine Month Period of October 1, 2013 to June 30, 2014
UTILITY FUNDS
THIRD QUARTER REVIEW
SOLID WASTE FUND
Solid Waste Revenues
Other Permits and Fees 1,000 747 1,132 385 52%130 1,130
Charges for Service 19,085,000 14,345,000 14,632,868 287,868 2%146,000 19,231,000
Judgements, Fines and Forfeits 85,100 63,819 61,862 (1,957) -3%- 85,100
Miscellaneous 609,000 478,806 635,003 156,197 33%64,500 673,500
Transfers In 50,510 50,510 50,510 - 0%- 50,510
Fund Equity - - - - ~- -
Total Revenues 19,830,610 14,938,882 15,381,375 442,493 3%210,630 20,041,240
Solid Waste Expenditures
Collection 15,705,100 12,035,578 11,639,394 396,184 3%(69,980) 15,635,120
Transfer 1,606,740 1,264,646 1,251,946 12,700 1%(6,000) 1,600,740
Container Maintenance 848,650 651,568 611,475 40,093 6%(18,600) 830,050
Administration 979,760 743,790 737,825 5,965 1%(900) 978,860
Total Expenditures 19,140,250 14,695,582 14,240,640 454,942 3%(95,480) 19,044,770
RECYCLING FUND
Recycling Revenues
Other Permits and Fees 350 261 345 84 32%- 350
Intergovernmental 83,100 83,100 83,167 67 0%- 83,100
Charges for Service 1,982,000 1,498,250 1,467,556 (30,694) -2%7,000 1,989,000
Judgements, Fines and Forfeits 7,500 5,625 5,639 14 0%- 7,500
Miscellaneous 525,550 330,967 494,432 163,465 49%31,600 557,150
Transfers In 9,780 9,780 9,780 - 0%- 9,780
Fund Equity 480,950 - - - ~(178,400) 302,550
Total Revenues 3,089,230 1,927,983 2,060,919 132,936 7%(139,800) 2,949,430
Recycling Expenditures
Residential 1,242,580 936,843 916,610 20,233 2%(40,000) 1,202,580
Multi-Family 395,160 305,719 267,205 38,514 13%(35,000) 360,160
Commercial 1,451,490 1,146,019 1,057,349 88,670 8%(64,800) 1,386,690
Total Expenditures 3,089,230 2,388,581 2,241,164 147,417 6%(139,800) 2,949,430
12
Increase/
(Decrease)Description
Marine Fund
Anticipated revenues of the Marine Fund exceed anticipated
expenditures by $188,180 at third quarter fiscal year 2013/14.
Revenues:
No amendments are proposed to Marine Fund revenues at third
quarter.
Expenditures:
No amendments are proposed to Marine Fund expenditures at third
quarter.
Clearwater Harbor Marina Fund
Anticipated revenues of the Clearwater Harbor Marina fund exceed
anticipated expenditures by $59,970 at third quarter fiscal year
2013/14.
Revenues:
No amendments are proposed to Clearwater Harbor Marina Fund
revenues at third quarter.
Expenditures:
No amendments are proposed to Clearwater Harbor Marina Fund
expenditures at third quarter.
Airpark Fund
Anticipated revenues of the Airpark Fund exceed anticipated
expenditures by $69,903 at third quarter fiscal year 2013/14.
Revenues:3
At third quarter,amendments reflect the return of $2.59 of Airpark
Fund revenues from closed capital project 315-94858,Airpark
Security Improvements.
Expenditures:
No amendments are proposed to Airpark Fund expenditures at third
quarter.
Parking Fund
At third quarter, anticipated revenues of the Parking Fund exceed
anticipated expenditures by $472,884 for fiscal year 2013/14.
Revenues:
No amendments are proposed to Parking Fund revenues at third
quarter.
Expenditures:16,316
Third quarter expenditure amendments in the Parking Fund reflect a
net increase of $16,316. Amendments include an increase of $12,000
in garage service charges in the Beach Guard program to fund higher
than expected costs of repairs as well as under budgeted debt costs;
and an increase of $4,316 in the Beach Guard program to fund the
upgraded cost of replacing a club car with a 4 x 4 vehicle (cart)better
able to fit the extreme beach conditions.This upgrade was approved
by the Resource Management Committee in January.
FY 2013/14
City of Clearwater
Other Enterprise Funds
Third Quarter Amendments
13
Increase/
(Decrease)Description
FY 2013/14
City of Clearwater
Other Enterprise Funds
Third Quarter Amendments
Harborview Fund
Anticipated revenues of the Harborview Fund exceed anticipated
expenditures by $9,970 at third quarter fiscal year 2013/14.
Revenues:
No amendments are proposed to Harborview Fund revenues at third
quarter.
Expenditures:
No amendments are proposed to Harborview Fund expenditures at
third quarter.
14
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-454
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the third amendment to the Management Agreement between the City of Clearwater
and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a
one-year period, authorize funding in the amount of $50,000 in Fiscal Year 2014-2015 for the
operation of the Beach Visitor Information Center (BVIC), and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The BVIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach
just west of the Clearwater Beach Municipal Marina. The center is a 15 ft. by 20 ft.
air-conditioned concrete block structure of tropical seascape design compatible with existing
beach buildings. The Economic Development and Housing Department is the owner of the
building. The City’s Building and Maintenance Division maintains the structural integrity of the
building.
The City released an RFP for management services in July 2007. The Clearwater Regional
Chamber of Commerce was the sole responder. A five-year management agreement was
signed in October 2007 and expired in October 2012. A one-year extension was approved by
the City Council in June 2012 and again in September 2013. This will be the last renewal of
this agreement.
The main purpose of the BVIC is to provide quality service and information to the visitors to
Clearwater. The BVIC maintains open communication with Visit St. Pete Clearwater (Pinellas
County Convention and Visitors Bureau) providing essential information as to the condition of
traffic, parking, weather, red tide, events, activities and other information deemed appropriate.
The BVIC facility is open 7 days a week, has a full time manager, and is staffed during key
operating hours with the appropriate number of employees to serve the needs of the public.
The BVIC maintains a guest book where visitors are asked to provide such information as the
visitor’s origin (state/country), if it’s a first visit, if they flew or drove, length of stay, where they
are staying, and if they already had reservations. The Center also provides a computer for
visitors to check e-mails and other internet usage. Over 36,000 visitors were served in the
2013 calendar year.
Comment cards are made available for the visitors to provide the City with information on their
overall stay, things they liked or disliked and additional services the City might provide. Staff
addresses visitor complaints and acts as a liaison to local businesses. The Chamber is
exercising its third one-year extension out of the three extensions provided for in the 2007
base agreement.
The budget for the one-year extension is $50,000 (revised budget is an addendum to Exhibit
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-454
B). Any losses will be covered by the Chamber and any surpluses will be returned to the City.
The funding for this one-year extension is included in the City Manager’s proposed 2014/15
annual operating budget as part of Economic Development’s operating budget.
The BVIC has been consistent over the past couple of years with 74 advertisers and is one of
the main sellers of Jolley Trolley and event tickets.
APPROPRIATION CODE AND AMOUNT:
Code 0010-09216-530300-552-000-0000 - $50,000
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 9/12/2014
1
THIRDAMENDMENT TO MANAGEMENT AGREEMENT
THIS THIRDAMENDMENT to that certain Management Agreement dated
September 12, 2007, (“Agreement”) is hereby made and entered into on
______________________, 2014, by and between the CITY OF CLEARWATER, a
municipal corporation of the State of Florida, whose address is P.O. Box 4748,
Clearwater, FL 33758-4748, hereinafter referred to as the “City” and Clearwater
Regional Chamber of Commerce, Inc., 600 Cleveland Street, Suite 200, Clearwater, FL
33755, hereinafter referred to as “Agency”.
WHEREAS, City and Agency desire to extend the Agreement for one (1)
additional one (1) year period (“Extended Term”); and
NOW, THEREFORE, the parties agree as follows:
1.Terms and Consideration. In accordance with paragraph 1, the Term of the
Agreement is hereby extended for one (1) year beginning October 1, 2014and
ending September 30, 2015.
2.All other terms and conditions of the Agreement not modified herein shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
Countersigned:CITY OF CLEARWATER, FLORIDA
_____________________________By: ____________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
Approved as to form:Attest:
_____________________________________________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
Clearwater Regional Chamber of Commerce, Inc.
By: _________________________
Bob Clifford
CEO/President
08/14/2014
Cash Basis
Annual Budget
Ordinary Income/Expense
Income
4040 · Advertising Sales/Publications
40408 · BVIC Advertising 26,316.94$
40411 · BVIC Attraction Tickets 18,254.15
40409 · BVIC Merchandise 145.92
40412 · BVIC Trolley Tickets 8,403.90
Total 4040 · Advertising Sales/Publications 53,120.91$
4071 · BVIC City of Clearwater Subsidy 50,000.00
Total Income 103,120.91$
Expense
5010 · Payroll & Related Expenses
50101 · Salaries & Wages 59,800.00$
50102 · Commissions 1,589.55
50103 · Payroll Taxes 5,653.09
50107 · Payroll Admin Fees 1,300.00
Total 5010 · Payroll & Related Expenses 68,342.64$
Office Expense 625.00$
Telephone - Internet 2,407.24
Auto Expense 150.00
Equipment 1,300.00
Insurance 1,200.00
Staff/Education 500.00
Attraction & Trolley Tickets 28,596.03
Total 34,778.27$
Total Expense 103,120.91$
Net Income/Loss -$
Clearwater Regional Chamber of Commerce
BVIC
October 1, 2014 - September 30, 2015
Addendum B
2007 2008 2009 2010 2011 2012 2013 2014 2015
JAN 4,231 5,640 4,382 3,130 3,107 4,335 2857 2771
FEB 5,337 7,970 8,003 4,124 4,412 5,858 4201 3981
MAR 9,107 9,457 8,773 6,848 5,186 5,146 4961 4363
APR 8,554 8,051 7,441 5,921 4,290 3,727 4104 4395
MAY 6,154 5,833 4,950 2,774 2,908 2,882 2899 2946
JUN 5,085 4,508 3,813 2,859 3,353 2,917 2749 2613
JUL 5,108 5,079 4,754 3,632 3,264 2,937 3298 4094
AUG 4,173 3,954 3,971 2,754 2,802 4,127 2490
SEP 2,600 missing 2,509 1,929 2,172 2,215 1767
OCT 3,874 3,305 3,534 2,878 2,465 2,445 2411
NOV 5,450 4,814 3,749 2,905 2,538 2,013 2347
DEC 4,917 4,317 2,868 2,366 3,262 2,210 2616
TOTAL 64,590 62,928 58,747 42,120 39,759 40,812 36,700 25,163 0
% change -3%-7%-28%-6%3%-10%
BVIC Visitors
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-460
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve a one-year Grant Funding Agreement, in the amount of $166,993 between Jolley
Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of
transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach
Route) and the Coastal Route, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley
service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982.
The non-profit’s mission is to reduce congestion and improve mobility in this area for both
tourists and residents. The Jolley Trolley expects to transport 600,000 passengers for Fiscal
Year 2014-15, reducing approximately 200,000 vehicles on Clearwater Beach. In addition, the
Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other
beaches in the area.
In this fiscal year, the Jolley Trolley had 520,000 riders, a 13% decrease in ridership due to
Clearwater Marine Aquarium being closed for Dolphin Tale 2 filming, but Clearwater Beach
had a healthy 5.2% ridership increase. The Jolley Trolley currently has a fleet of 19 trolleys
with an average age of 8.9 years and 185,314 miles. A deposit was placed on another trolley
in April with an expected delivery date of December 2014.
The Jolley Trolley accomplishments for Fiscal Year 2013-14 are:
·Beach route ridership increased 5.2% over prior year
·Added one new trolley to the fleet and ordered one new trolley with a delivery date of
December
·Crossed trained majority of drivers on all routes, thus increasing overall asset to the
trolley; updated Anti-Drug and Alcohol policies ensuring all employees are
knowledgeable
·Replaced 100% of “STOP” signs in the third quarter and added destination cities to
those stop signs. All signs now display the QR codes (Apple and Android) for tracking
the trolley
·Charter business continues to be strong with a 9% increase over prior year
·Added an additional route connecting Safety Harbor to the Westfield Mall to the
Coastal Route on weekends
Jolley Trolley’s overall plans for Fiscal Year 2014-15 include:
·Kicking-off an advertising campaign called Twice as Nice. Employees of the trolley
who send sales leads that result in a contract being signed will receive a commission.
The commission will double if they get a second or third lead.
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-460
·Preparing a Driver Handbook that will ensure uniformity and understanding of the
driver position
·Attract more employees that see the Jolley Trolley as a career, rather than just a job
·Continue to maintain the Capital Expenditure Strategy with the continued
refurbishments of older trolleys and addition of new trolleys
Beach Route
Historically, the City has supported the Beach Route which connects Clearwater Beach, Sand
Key, and Island Estates. The City’s contribution to this route is $163,443 and has been at this
level since 2012. The Jolley Trolley expense forecast for Fiscal Year 2014-15 for the Beach
Route is $617,599. PSTA matches the City of Clearwater’s contributions (both grant funding
and in-kind services with its lease on Myrtle) at $181,963. Fares cover 23% of total revenue
with advertising covering 18% of revenue.
Coastal Route
Four years ago, the Jolley Trolley began the Coastal Route that starts at Island Estates and
progresses through Downtown Clearwater, into Dunedin, Palm Harbor and ends in Tarpon
Springs. The route travels only on Friday, Saturday and Sunday and takes approximately one
hour to make the Island Estates to Tarpon Springs trip. Last year, because the Downtown
Development Board (DDB) could not cover the increase in the cost for the Coastal Route, the
PSTA proposed that if the DDB’s contribution could remain constant at $9,220, the PSTA
would match the $3,550 difference if the City of Clearwater contributed the remaining $3,550
to make up the full $16,320 contribution to the Clearwater portion of the route. The city agreed
and this agreement reflects the same commitment as last year.
The Coastal Route has become an important component of providing additional options to
tourists staying on the Beach and connecting them to Downtown as well as other Pinellas
County locations.
The Jolley Trolley expense forecast for the Coastal Route is $334,502. The City’s contribution
is approximately 1.5%. Fares cover approximately 19% and advertising covers 9%. The other
coastal partners cover $32,643 each to the route. PSTA’s portion is $129,405.
Contract Terms
The term of the agreement is for one year. The Economic Development and Housing
Department administers the agreement. The Jolley Trolley’s Business Plan covers the
proposed revenues and expenditures for the fiscal year for both the Beach Route and the
Coastal Route.
As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks
high-level financials, ridership numbers, accident frequency, and on-time adherence to
schedule. The City will use these items as a measure of performance.
$166,993 has been budgeted in the Parking Fund’s Fiscal Year 14-15 operating budget to
fund this agreement.
APPROPRIATION CODE AND AMOUNT:
0435-01333-558200-545-000-0000 - $166,993
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 9/12/2014
1
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT
This Jolley Trolley System Funding Agreement is made and entered into this _______ day of
September, 2014, between the City of Clearwater, hereinafter referred to as the ("City") and the
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation,
hereinafter referred to as the ("Corporation").
ARTICLE I. TERM
The term of this agreement shall be for a period of one (1) year commencing on October 1, 2014
and continuing through September 30, 2015, (the "Termination Date"), subject to annual budgetary
appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of
this agreement.
ARTICLE II. RESPONSIBILITIES OF THE CORPORATION
1)Services to be Provided.The Corporation shall provide the transportation services to
promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand
Key(Beach Route)and the Coastal Route, both described in Exhibit A.
2) Transportation Pick-ups. (a) Beach Route: The Corporation shall provide scheduled
transportation pick-ups which will be no more than 30 minutes apart (conditions permitting),
as described in Exhibit A. (b) Coastal Route: The Corporation shall provide scheduled
transportation pick-ups which will be no more than 60 minutes apart (conditions permitting),
as described in Exhibit A.
3)Posted Route Schedules. The Corporation shall provide posted route times at selected
pick-up locations listing scheduled pick-up times, inconjunction with the Pinellas Suncoast
Transit Authority (PSTA).
4)Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990
and 990T certified by independent Certified Public Accountant within 90 days of the end of
the fiscal year to the Economic Development and HousingDirector. The financial report is to
set forth thetotal cost of operations provided, and the detailed account of operational costs
funded in part by the City. The Corporation will also provide quarterly reports of activities
including: high level financials, ridership numbers, accident frequency, and on-time
adherence to schedulefor both the Beach and Coastal Routes.
5)Use and Disposition of Funds Received.Funds received by the Corporation from the City
shall be used towards the payment of expenses attendant to the operation of the Trolley
System.
6)Creation, Use and Maintenances of Financial Records.
a)Creation of Records. The Corporation shall create, maintain and make accessible
to authorized City representatives such financial and accounting records, books,
documents, policies, practices andprocedures necessary to reflect fully the financial
activities of the Corporation. Such records shall be available and accessible at all
times for inspection, review or audit by authorized City personnel, and shall be made
available in accordance with Chapter 119, Florida Statutes (Public Records) and
other applicable law.
b)Use of Records. The Corporation shall produce such reports and analyses that may
be required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
2
c) Maintenance of Driver’s Log and Check Point System. The Corporation agrees to
maintain a driver’s log and a check point system to document compliance with the
agreed upon schedule. Changes to these attached schedules are at the discretion of
the Corporation Board of Directors, but will be submitted to the City at least two
weeks prior to implementation. Any change, or series of changes, which will cause
more than a 25% reduction in the routes may, at the discretion of the City Council, be
considered a failure to adhere to the terms of the contract and may be grounds for
reducing the funding commitment or may be considered cause for termination of the
contract.
d)Maintenance of Records.All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the applicable
fiscal year.
7)Non-discrimination.Notwithstanding any other provision of this agreement, the Corporation
for itself, agents and representatives, as part of the consideration for this agreement does
covenant and agree that:
a)No Exclusion from Use. No person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination in the operation of this
program on the grounds of race, color, religion, sex, handicap, age or national origin.
b)No Exclusion from Hire.In the management, operation, or provision of the program
activities authorized and enabled by this agreement, no person shall be excluded
from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discriminationon the
grounds of race, color, religion, sex, handicap, age, or national origin, except that
age may be taken into consideration to the extent that the age of an employee is a
bona fide occupational qualification, as permitted by law.
c)Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-
contracts.
d)Breach of Non-discrimination Covenants. In the event of conclusive evidence of a
breach of any of the above non-discrimination covenants, the City shall have the right
to terminate this agreement immediately.
8)Liability and Indemnification.The Corporation shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed and
all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers,
agents, and employees from and against any and all claims of loss, liability and damages of
whatever nature, topersons and property, including, without limiting the generality of the
foregoing, death of any person and loss of the use of any property, except claims arising
from the negligence of the City or City's agents or employees. This includes, but is not
limited to, matters arising out of or claimed to have been caused by or in any manner related
to the Corporation's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Corporation
whether or not based on negligence. Nothing herein shall be construed as consent by the
City to be sued by third parties, or as a waiver or modification of the provisions or limits of
Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity.
9)Compliance with Laws. Corporation shall comply with all federal, state, county and local
laws, rules and regulations applicable to the operation of the vehicles. If it is ever
determined that this Agreement violates any federal, state, county or local laws, rules or
regulations, then Corporation shall comply in a timely manner or City may terminate.
3
10) Corporation’s Role in the Development and Revitalization of Clearwater Beach. It is
contemplated by the Parties hereto that in consideration for the funding provided by the City,
the Corporation’s role in providing trolley service shall be promoted as a tourist amenity and
enhancement in furtheranceof the development and revitalization of Clearwater Beach. To
that end, the Corporation agrees to cooperate and work with City staff to develop the
Corporation’s role as integral to such revitalizationand development and as a catalyst for
tourism. In addition, the Costal Route is intended to link the tourism activities on Clearwater
Beach with those of Downtown Clearwater.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part
the operational costs incurred in providing the activities and services authorized by this
agreement as follows:
An annual amount of $163,443for providing trolley service on Clearwater Beach, Island
Estates and Sand Key, based upon the Corporation meeting the route schedule attached as
Exhibit A.
An annual amount of $3,550 for the Coastal Route, contingentupon PSTA match of $3,550
and Downtown Development Board contribution of $9,220.
Payable in equal payments of 1/12 per month per fiscal year.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties. No
representations or warranties by either party shall be binding unless expressed herein or in a duly
executed Amendment hereof.
ARTICLE V. TERMINATION
1)For Cause.Failure to adhere to any of the provisions of this Agreement in material respect shall
constitute cause for termination. Either party may terminate this Agreement for cause by giving
the other party sixty (60) days notice of termination. If the default is not cured within the sixty
(60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st)
day.
2)Disposition of Fund Monies. In the event of termination for any reason, monies made available
to the Corporation but not expended in accordance with this Agreement shall be returned to the
City within 30 days of demand.
4
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to the
other party in writing), or if sent by registered or certified mail (postage prepaid),on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1) If to Corporation, addressed to:Jolley Trolley Transportation of Clearwater, Inc.
483 Mandalay Avenue, Suite 213
Clearwater, FL 33767
2)If to City, addressed to:City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
With copiesto:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
Economic Development and HousingDirector
P.O. Box 4748
Clearwater, FL 33758-4748
5
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date written below.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals this _______ day of
_________________, 2014.
Countersigned:CITY OF CLEARWATER, FLORIDA
_______________________________________________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form:Attest:
_______________________________________________________________
Pam Akin Rosemarie Call, MPA, CMC
City Attorney City Clerk
JOLLEY TROLLEY TRANSPORATION
OF CLEARWATER, INC.
By: _______________________________
Rosemary W. Longenecker
Executive Director
Attest:
__________________________________
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-457
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Provide direction regarding the City’s participation in projects applying to the 2014 Cycle of the
State of Florida’s Low Income Housing Tax Credit program. (WSO)
SUMMARY:
The Low Income Housing Tax Credit Program (LIHTC) is governed by the U.S. Department of
Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal
Revenue Code, as amended. The program was established to provide for-profit and non-profit
organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the
acquisition and substantial rehabilitation, substantial rehabilitation, or new construction of low
and very low-income rental housing units. Each year, the IRS allocates housing tax credits to
designated state agencies, typically state housing finance agencies, which in turn award the
credits to developers of qualified projects through a competitive application process. The
program is monitored by the IRS and rents are set by HUD. Residents of these units are
limited to 60% and below of the area median income with 10% of residents required to be at
33% of area median income and below.
In the State of Florida, the Florida Housing Finance Corporation administers the LIHTC
program and is in the process of developing the rules for the 2014 Universal Application cycle.
They have released a tentative schedule that applications will be released in mid-November
2014 and due in late January 2015. From the initial rules, projects in Clearwater have a strong
chance of scoring competitively. For this reason, developers have inquired whether the City
will be participating in the 2014 cycle. Similar to last year, cities will need to provide a $75,000
commitment to each project they are supporting in order for the proposed project to receive
maximum points.
Given the reductions in the city’s housing funds from the state and federal governments (SHIP
and HOME programs); the Housing Division may not have funding available to commit to
LIHTC projects for Fiscal Year 14-15. However, there is still an identified need for both
affordable senior housing and multi-family rental housing. LIHTC projects provide a benefit to
the community because they provide the financing vehicle to construct these projects,
leveraging dollars and bringing in new investment.
In 2011 and 2013, City Council directed staff to release a Notice of Funding Availability
(NOFA) and committed General Fund dollars to support projects applying to the LIHTC
program. If the Council provides this direction for the city to participate in the 2014 cycle, staff
recommends following the same public process as last year to allocate General Funds, or
other city funding, for LIHTC projects.
The suggested timeline would be to release the NOFA in October 2014, advertising in the
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-457
newspapers, website, etc. for interested developers to submit an application for their proposed
projects. Applications would be due in November 2014. Staff would rank the applications
according to city goals and objectives identified in the Consolidated Plan and the LIHTC
program. The City Council would make the final selection, including the number of projects to
support and the total amount of commitment in December 2014. This process ensures
consistency and equitableness and allows the City to continue to support affordable housing.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-487
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Agree to Equal Employment Opportunity Commission (EEOC) conciliation agreement between
Rose Lara and the City of Clearwater and settle the case for $50,000 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Ms. Lara is currently employed by the City. In 2008, she alleged she was denied a promotion
to Storm Water Technician III and was subsequently disciplined for raising a concern about
the promotion denial. The City denied the allegations and provided the EEOC documentation
justifying its actions.
Ms. Lara was subsequently promoted to Storm Water Technician III in July 2013 and to Public
Utility Supervisor I in August 2013.
The EEOC determined that reasonable cause existed that a violation had occurred and
offered the City the opportunity to settle the case. After evaluating the circumstances and the
viability of witnesses, staff has determined that settling the case is the appropriate course of
action.
APPROPRIATION CODE AND AMOUNT:
A third quarter amendment in the amount of $50,000 from General Fund reserves to the
General Fund Non-Departmental program will provide funding for the settlement.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 9/12/2014
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Tampa Field Office
501 East Polk Street, Room 1000
Tampa, FL 33602
Intake Information Group: (800) 669-4000
Intake Information Group TTY: (800) 669-6820
TampaStatus Line: (866) 408-8075
Tampa Direct Dial: (813) 228-2310
TTY (813) 225-7025
FAX (813) 228-2841
IN THE MATTER OF:
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
And
ROSE LARA CHARGING PARTY
1566 Ewing Ave
Clearwater FL 33756
CHARGE NOs. 15H-2011-00044
15H-2012-00022
City of Clearwater RESPONDENT
Joseph Roseto, HR Director
112 S Osceola Ave
Clearwater FL 33756
CONCILIATION AGREEMENT
A charge having been filed under Title VII of the Civil Rights Act of 1964,as amended, with the
U.S. Equal Employment Opportunity Commission, by the Charging Party against the
Respondent, thecharge having been investigated and reasonable cause having been found, the
parties do resolve and conciliate this matter as follows:
TABLE OF CONTENTS
I.General Provisions
II.Charging Party Relief
1.Monetary Relief
2.Charging Party Not To Be Penalized
3.Training Requirements
4.Confidentiality
III.Notice Requirements
IV.Reporting
V.Signatures
Appendix A
I.GENERAL PROVISIONS
1.Commission May Review Compliance With Agreement
The Respondent agrees that the Commission, on request of the Charging Party or
on its motion, may review compliance with this Agreement. As a part of such
review, the Commission may require written reports regarding compliance, may
inspect the Respondent’s premises at reasonable times, interview employees, and
examine and copy relevantdocuments.
2.Charging Party’s Covenant Not to Sue
The Charging Party agrees not to sue Respondent with respect to any allegations
contained in the above-referenced charge. EEOC agrees not to use the above-
referenced charge as the jurisdictional basis forfiling a lawsuit against the
Respondent. However, nothing in this Agreement shall be construed to preclude
EEOC and/or the Charging Party from bringing suit to enforce the promises and
representations contained herein. Neither does it preclude the Charging Party or
the Commission from filing charges in the future.
3.All Employment Practices To Be Conducted In Non-Discriminatory Manner
The Respondent agrees that all hiring, promotion practices, and other terms and
conditions of employment shall be maintained and conducted in a manner which
does not discriminate on the basis of race, color, sex, religion, national origin,
disability, or age in violation of Title VII of the Civil Rights Act of 1964, as
amended, the Equal Pay Act of 1963, the Age Discrimination in Employment Act
of 1967, as amended, the Americans with Disabilities Act of 1990, as amended,
and the Genetic Information Nondiscrimination Act of 2008.
4.Retaliation Prohibited
The Respondent agrees that there shall be no discrimination or retaliation of any
kind against any person because of opposition to any practice declared unlawful
under Title VII of the Civil Rights Act of 1964, as amended, or because of the
filing of a charge; giving testimony or assistance; or participation in any manner
in any investigation, proceeding or hearing under Title VII of the Civil Rights Act
of 1964, as amended.
5.Reporting Requirements
The Respondent agrees to retain the records, and to provide the written reports
under the section in this Agreement entitled “Reporting.” These written reports
will be sent to the Tampa Field Office of the EEOC located at the Timberlake
Federal Building Annex, 501 E. Polk Street, Suite 1000, Tampa, Florida 33602.
6.Duration of the Agreement
This agreement shall remain in full force and effect for three (3) years subsequent
to the date of its execution.
II.CHARGING PARTY RELIEF
1.Monetary Relief
Within twenty-one (21)days of the ratification of thisAgreement, Respondent
will pay Charging Party:
a. Back Pay-Within twenty-one (21) days of the ratification of this
Agreement, Respondent agrees topay Charging Party the amount of
Three Thousand Three Hundred and Thirty-Three Dollars and Thirty-
Four cents ($3,334.34). Respondent will issue Charging Party Form W-2
substantiating same.The parties agree this monetary relief resolves
charges 15H-2011-00044 and 15H-2012-00022.
b.Compensatory Damages-Within twenty-one(21) days of the
ratification of this Agreement, Respondent agrees to pay the Charging
Party the amount of ThirtyThousand dollars($30,000). This amount
includes pecuniary and non-pecuniary compensatory damages including
but not limited to emotional harm and out of pocket expenses.
Respondent will issue Charging Party Form 1099(Misc/Box 3)
substantiating same. The parties agree this monetary relief resolves
charges 15H-2011-00044 and 15H-2012-00022.
c. Attorney Fees-Within twenty-one(21) days of the ratification of this
Agreement, Respondent agreesto pay Charging Party’s attorney, Ryan
Barack, Sixteen Thousand Six Hundred Sixty-Six dollars and Sixty-Six
cents ($16, 666.66)in attorney fees. Respondent will send to Ryan
Barack of Kwalls, Showers & Barack, P.A. at 133 North Fort Harrison
Avenue, Clearwater FL 33755. Respondent will issue Ryan Barack
Form 1099(Misc/Box 3)substantiating same.The parties agree this
monetary relief resolves charges 15H-2011-00044 and 15H-2012-00022.
d.Withdrawal of Action Plan-The plan was completed successfully and is,
therefore, no longer in effect. Researchindicates a signed copy of the
plan no longer exists.In any case, it cannot impact Ms. Lara’s future
performance.
2.Charging Party Not To Be Penalized For Filing Charges
Respondent agrees that no other potential employers will be advised in any way
of the facts or circumstances of these proceedings.
3.Training
Within 90(days) of theratification of this Agreement,Respondent agrees to
provide training on discriminationwith specific emphasis on the prohibition
against gender discrimination and retaliation under Title VII of the Civil Rights
Act of 1964,as amended.
4.Confidentiality
The parties agree that the terms of this agreement will remain confidential, except
where limited disclosure is necessary for the purpose of filing tax and related
forms.
III.NOTICE REQUIREMENTS
Respondent agrees to post the notice set forth in Appendix A on all bulletin boards where
notices to employees and/or applicants for employment are normally posted.
Such notices shall remain posted for three (3) years following the effective date of this
agreement.
IV.REPORTING
1.Report on Monetary Relief
Within thirty (30) days of the ratification of this Agreement, Respondent agrees to
provide a copy of the check given to Charging Party as proof of payment.
2.Reports on Training Activities
Within thirty (30) days of the ratification of this Agreement, Respondent agrees to
provide a written report to the Commission outlining the manner in which the
training as required under Section II (paragraph 3) has been scheduled for
completion.Within ten (10) days of the completion of the training, Respondent
will provide EEOC a copy of the sign-in sheet for training listing the names of the
managers and supervisors that attended the training.
V.SIGNATURES
I have read the foregoing Conciliation Agreement and accept and agree to the provisions
contained therein.
_________________________________________
Date Mayor
Attest:
_______________
Rosemarie Call
City Clerk
__________________________________________
Date Rose Lara
CHARGING PARTY
I recommend approval of this Conciliation Agreement:
___________________________________________
Date Cynthia M. Woodruff
Investigator
Approved on behalf of the Commission:
_____________________________________________
Date Georgia Marchbanks
Tampa Field Office Director
APPENDIX A
NOTICE
STATEMENT OF EEOC POLICY
It is the policy of the City of Clearwaterto offer employment opportunities to all qualified
employees and applicants, regardless of sex, race, color, religion, national origin, age, or
disability. There will be no intentional discrimination in violation of the provisions of Title VII
of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act
(ADEA), or the Equal Pay Act (EPA) of 1963, or the Americans with Disabilities Act
Amendments Act(ADAAA), or Title II of the Genetic Information Nondiscrimination Act
(GINA).
We wish to emphasize that it is the Respondent's fundamental policy to provide equal
opportunity in all areas of employment practices. All employees shall feel free to exercise their
rights under this policy.
The Respondent will not retaliate against any employee because he or she has opposed any
practice made unlawful under Title VII of the Civil Rights Act of 1964, as amended, the Age
Discrimination in Employment Act (ADEA), as amended, or the Equal Pay Act (EPA) of 1963,
or the Americans with Disabilities Act Amendments Act(ADAAA), or Title II of the Genetic
Information Nondiscrimination Act (GINA) or has filed charges, testified, assisted or
participated in any manner in any Civil Rights Act investigation, proceedings, hearing or lawsuit.
An employee has the right, and is encouraged to exercise that right, to report allegations of
employment discrimination in the work place. While reporting is not a requirement an employee
may do so by notifying any respondent official. Anyreport of such an allegation will be
thoroughly investigated, with appropriate sanctions taken against any person(s) found to have
engaged in inappropriate conduct.
An employee may, either alternatively or in addition to reporting such an allegation to
management, contact the U.S. Equal Employment Opportunity Commission, or any Federal or
State compliance agency, for the purposes of filing a charge of employment discrimination.
Date Respondent
DO NOT REMOVE THIS NOTICE!
This notice is posted pursuant to a Conciliation Agreement entered into with the U.S. Equal
Employment Opportunity Commission.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-478
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Amend Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional
special events alcohol permits in the downtown area of Clearwater between Drew Street and
Pierce Street, North and South and between Myrtle Street and the waterfront and allow for
metal containers at special events and pass Ordinance 8600-14 on first reading.
SUMMARY:
Current language in Section 22.90 allows for nonprofit civic organizations to obtain three
temporary alcohol permits per year as allowed by section 561.422 of Florida Statutes.
In an effort to promote downtown Clearwater numerous special events are held throughout the
year on Cleveland Street as well as in Coachman Park. With so many special events, most
of which allow for alcohol, a special event permit as well as an alcohol permit must be
obtained. The requirement of having only three temporary permits per year was very
restrictive to the nonprofit groups supporting these events.
This ordinance allows for an additional 15 alcohol permits per year for nonprofit civic
organizations in the downtown district pursuant to Chapter 2012-244, Laws of Florida.
In addition the current ordinance restricts the use of alcoholic beverages being served from
certain containers including metal cans. The purpose for this is to allow law enforcement
officials to ascertain what the beverage is during an event.
However, many of the special event sponsors are now serving their beverages in metal cans
so there is a need to allow for their use. The Chief of Police has the right to disallow the use
of metal cans for events where safety concerns might prevail.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 9/12/2014
Ordinance No. 8600-14
ORDINANCE NO.8600-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA,RELATING TO PARKS, BEACHES, AND
RECREATION; AMENDING CHAPTER 22, PARKS,
BEACHES,RECREATION, ARTICLE III, SPECIAL
EVENTS, SECTION 22.89, ALCOHOLIC BEVERAGE
SPECIAL EVENT PERMIT;CITY PROPERTY OR
SPONSORSHIP, TO ALLOWTHE SALE AND/OR
CONSUMPTION OF ALCOHOLIC BEVERAGES IN
THE DOWNTOWN AREA; AMENDING SECTION
22.90, CONDITONS; ALCHOLIC BEVERAGE SPECIAL
EVENT PERMIT, TO ALLOW ADDITIONAL SPECIAL
EVENT PERMITS TO BE ISSUED TO BONA FIDE
NONPROFIT ORGANIZATIONS AUTHORIZING THE
SALE OF ALCOHOLIC BEVERAGES FOR
CONSUMPTION ON THE PREMISES AT OUTDOOR
EVENTS ON PUBLIC RIGHT-OF-WAY AND PUBLIC
PARK PROPERTY IN THE DOWNTOWN AREA,AND
REMOVING PROHIBITION ON METAL CANSAS AN
APPROPRIATE CONTAINER FOR ALCOHOLIC
BEVERAGES AT A SPECIAL EVENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater Code of Ordinances (“Code”) currently
empowers the city manager to regulate the time, place and manner in which city park
property is to be used and enjoyed by the public, including use for the sale,
consumption or possession of alcoholic beverages on park property and the sale and/or
consumption of alcoholic beverages at a special event in accordance with analcoholic
beverage special event permit; and
WHEREAS, the Code currently provides for the sale and/or consumption of
alcoholic beverages at a special event located on Cleveland Street within the downtown
district; and
WHEREAS, the city council now wishes to allow for the sale, consumption and
possession of alcoholic beverages at outdoor events on public right-of-way and public
park property within a larger area of the downtown of Clearwater by issuing an alcoholic
beverage special event permit in accordance with Section 22.89 of the Code; and
WHEREAS, the Code currently provides that no applicant shall be issued more
than three permits per year, and
WHEREAS, the city council now wishes to allow for the issuance of up to 15
additional temporary permits to bona fide nonprofits per calendar year; now, therefore,
Ordinance No. 8600-14
,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22, Sections 22.89 and 22.90of the Code of
Ordinances, City of Clearwater, Florida, arehereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
* * *
Article III. Special Events*
* * *
Division 2. Permit
***
Sec. 22.89. Alcoholic beverage special event permit; city property or sponsorship.
(1) Saleand/orconsumptionofalcoholicbeveragesataspecialeventlocatedon
propertyownedbythecitywherethecityisasponsororco-sponsoroftheevent,orat
aspecialeventtakingplaceonClevelandStreetindowntownClearwaterwhichis
describedforthesepurposesas:Theareawithinthenorthandsouthboundariesof
ClevelandStreet,boundedoneastbythewestboundaryofMyrtleAvenue,onthewest
bythewestboundaryofOsceolaAvenue,includingthecontiguousrights-of-wayand
sidewalksatoutdooreventsonpublicright-of-wayandpublicparkpropertyinthe
downtownareaofClearwater,maybeauthorizedbyissuanceofanalcoholicbeverage
specialeventpermit. ForpurposesofthisArticle,thedowntownareaofClearwateris
theareabetweenDrewStreetandPierceStreetNorthandSouthandbetweenMyrtle
Avenueandthewaterfront.
***
Sec. 22.90. Conditions; alcoholic beverage special event permit.
Ordinance No. 8600-14
* * *
(1) Noapplicantshallbeissuedmorethanthreepermitsperyearpursuanttosection
561.422,FloridaStatutes,andanadditional15temporarypermitspursuanttoChapter
2012-244,LawsofFla.,andnopermittedeventmayexceedthreedaysinduration.
* * *
(12) Alcoholicbeveragesshallbeservedincontainersmeetingindustrystandardsfor
suchevents,andmustbeapprovedforeacheventbythespecialeventscommittee.
Alcoholicbeveragecontainersshallbesodesignedandconstructedthatlaw
enforcementofficersmayascertaintheircontentsuponvisualinspection,andshallnot
includesportdrinkbottles,ceramicorglassmugs,closedcontainers,metalcans,glass
bottles,orsimilarcontainers.Theapplicantshallprovideforproperdisposaloflitter
resultingfromtheactivity.Othercontainers,suchasmetalcansmaybedisallowedfor
safetyreasonsbyorderoftheChiefofPolice.
.
Section2. 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:
_______________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-410
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve the renewal of a Software Support Agreement for the TriTech System, in the amount
of $168,862.71, for a 12-month period beginning October 1, 2014 and ending September 30,
2015 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The TriTech System has been operational since October 2007; the final sign-off and payment
closing out the project was disbursed in March 2009.
The Council previously approved a twelve month TriTech Software Support Agreement, which
will expire September 30, 2014.
The TriTech System provides an integrated CADS, mobile, and AVL environment, and
downloading of data to the report management system (ACISS). Prior to the TriTech System,
each of these functions required separate software support and hardware agreements.
Funding for renewal of the 12-month Software Support Agreement, in the amount of
$168,862.71, is budgeted in Fiscal Year 2014/2015 Police Department operating budget
0010-01162-530300-521-000-0000.
APPROPRIATION CODE AND AMOUNT:
Funding for renewal of the 12-month Software Support Agreement, in the amount of
$168,862.71, is budgeted in Fiscal Year 2014/2015 Police Department operating budget
0010-01162-530300-521-000-0000.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-424
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency
(CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2014/2015 in the
amount of $168,788.10 to underwrite the cost of additional Community Policing Services by
the Clearwater Police Department in the East Gateway CRA District, pursuant to the East
Gateway Five-Year Action Program for fiscal years 2012-2017. (consent)
SUMMARY:
The CRA approved the new East Gateway District Five-Year Action Program on October 15,
2012. The Action Program responded to public input on the issues of drug dealing,
prostitution and street crime by including an action item for the continuation of increased
police presence and crime reduction within the East Gateway District.
An allowable funding source of this action item is the use of CRA Tax Increment Financing
(TIF) funds. Florida Statutes allows for the use of TIF funds for community policing
innovations in Community Redevelopment Areas.
The CRA and Clearwater Police Department have reached an agreement on a proposed
scope of services and terms as delineated in the Interlocal Agreement. Included in the scope
is the delineation of specific, measurable crime reduction targets by which to monitor the
success of the initiative as well as providing clear language required by statute assuring that
the resources are applied to the CRA/East Gateway area.
Funding will be from the CRA East Gateway Project account (388-94849).
APPROPRIATION CODE AND AMOUNT:
Funds in the amount of $168,788.10 are available in account 388-94849, CRA East Gateway
Project, to fund this contract.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 9/12/2014
8/29/2014-11:50 AM
1 Officer 2 Officers
Step 6 Step 6
Base Salary 58,211.14 116,422.28
Pension (24.69%)14,372.33 28,744.66
Social Security (1.45%)844.06 1,688.12
Major Medical (employee only)7,723.20 15,446.40
Life Insurance 10.00 20.00
Workers Compensation 1,503.33 3,006.66
82,664.06 165,328.12
Fuel 3,459.98
TOTAL 168,788.10
Police Department - CRA Funded Officers
For FY 2014/15
EXHIBIT "A"
Position Enhancement Fact Sheet
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-426
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve a contract in the amount of $406,175.40 with the Pinellas County Sheriff’s Office,
Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage
and Pinellas Juvenile Assessment Center services, during the one-year contract period
commencing October 1, 2014 through September 30, 2015 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD)
began annual contractual agreement for services in January 1994. The agreements covered
latent fingerprint examination, property/evidence storage, and crime scene processing
services and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC).
The total cost of the proposed Fiscal Year 2014/2015 agreement is $406,175.40 reflecting a
5.28% decrease in cost from the 2013/2014 contract for services primarily due to a contractual
reduction in the calls for service requiring crime scene processing.
The proposed contractual agreement reflects the following breakout of costs:
Fingerprint Services - $80,265.60; Forensic Science Services (Crime Scene Processing) -
$190,039.80 (940 calls @ $202.17 per call); Evidence and Property Service and Storage -
$93,870.00 (9,000 submissions @ $10.43 per submission); Pinellas Juvenile Assessment
Center (PJAC) - $42,000 (500 bookings @ $84 per booking).
Requests for services in excess of the number of contractual calls will be invoiced separately.
Additionally, at the end of the contract, any funds remaining from unused calls for service will
be refunded to the city.
Funding for this contractual agreement is available in the Police Department’s Fiscal Year
2014/2015 operating budget.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement is available in the Police Department’s Fiscal Year
2014/2015 operating budget, 010-01155-530300-521-000.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#8599-14
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Amend Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to
electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing
persons or entities with three or more outstanding parking violations and pass Ordinance
8599-14 on first reading.
SUMMARY:
August 20, 2014 City Council approved an agreement to Data Ticket Inc. for citation
processing which requires electronic communication with the DMV. This revision to the Code
of Ordinances will authorize this type of communication.
Previously the City and the DMV have relied on a Florida Statue provision to meet this
requirement, however the DMV is now requiring the language to actually be in the City Code
of Ordinances.
Page 1 City of Clearwater Printed on 9/12/2014
Ordinance No. 8599-14
ORDINANCE NO. 8599-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTION 30.060 CLEARWATER
CODE OF ORDINANCES TO ALLOW THE CITY OR ITS
PARKING VIOLATION PROCESSING SERVICE DESIGNEE
THE ABILITY TO ELECTRONICALLY SEND THE FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES DATA LISTING PERSONSOR ENTITIESTHAT
HAVE THREE OR MORE OUTSTANDING PARKING
VIOLATIONS, INCLUDING VIOLATIONS OF FLORIDA
STATUTE 316.1955,SO THAT THE CITY’S PARKING
PENALTIES ORDINANCE ISCONSISTENTWITH FLORIDA
STATUTE 316.1967(6); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida,through its parking violation processing
service designee wishes to provide the Florida Department of Highway Safety and Motor
Vehicles (the Department) electronic data listing persons or entities that have three or
more outstanding parking violations, including violations of Florida Statute 316.1955 for
greater ease of communication with the Department;and
WHEREAS, Florida Statute 316.1967(6) provides for electronic communication
with the Department; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the followingunderlined language be added to section 30.060,
Clearwater Code of Ordinances:
*********
(4)Thedesignatedparkingviolationprocessingservicesofficeshallsupply
theStateofFloridaDepartmentofHighwaySafetyandMotorVehicleswitha
magneticallyencodedcomputertapereelorcartridgeorsendbyotherelectronic
meansdata,whichismachinereadablebytheinstalledcomputersystematthat
department,listingpersonswhohavethreeormoreoutstandingparking
violationsorwhohaveanyoutstandingviolationsofF.S.§316.1955.
*********
Section 2. This ordinance shall take effect immediately upon adoption.
Ordinance No. 8599-14
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ _______________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-455
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve an amendment to Southwest Florida Water Management District (SWFWMD)
agreement for the Smallwood Circle Stormwater Improvements Project (N395) extending the
contract expiration date to September 30, 2015 and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
February 20, 2014 City Council approved an amendment to SWFWMD agreement N395
increasing funding to a maximum of $875,000.
The amendment will allow the agreement between the City and SWFWMD to extend the
contract expiration date to September 30, 2015.
The Smallwood Circle Drainage Improvements project consists of the following improvements:
·The upstream limit of the project is by Wood Drive near Rose Wood Street and the
downstream limit of the project is the intersection of Elmwood Avenue and North
Highland Avenue.
·Construction of this project includes 48 drainage structures, 3,450 linear feet of
larger pipes, and a baffle box to improve water quality.
Construction of Smallwood Circle Drainage Improvements project was combined with
Edgewood Sanitary Sewer Improvements which caused a delay in the completion of
Smallwood. Extending the agreement will allow adequate time to complete the construction
and the City to maintain SWFWMD Cooperative Funding
APPROPRIATION CODE AND AMOUNT:
0315-96178-563700-539-000-0000
Funds are available in capital improvement program project 0315-96178, Smallwood Circle,
funding this contract and matching grant revenue.
USE OF RESERVE FUNDS:
NA
Page 1 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-461
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Approve the vacation of a portion of Brownell Street, a city right-of-way, and pass Ordinance
8592-14 on first reading, (VAC2014-01 Fire Station 45).
SUMMARY:
Construction of Fire Station 45 is nearly complete. In 2011, prior to the design phase of the
construction project, Brownell Street bisected the project site. City Council passed and
adopted Ordinance 8301-11 on December 1, 2011 vacating the easternmost 136-feet of
Brownell Street to accommodate construction. Council was not able to vacate the remaining
portion of Brownell Street that currently bisects the project site because of a single, privately
owned parcel. The City has acquired this parcel and now owns all property on both sides of
the portion of Brownell Street proposed for vacation.
Upon City Council approval of Ordinance 8592-14, the City will take ownership of the vacated
area by operation of law. The road within the vacated area will no longer be considered a
public right-of-way but it will continue to serve as the entry drive -isle accessing the parking lots
at Fire Station 45. The right-of-way proposed for vacation is 30-feet wide and approximately
180-feet long. Vacating the right-of-way will not affect access to any privately owned property.
Duke Energy and Verizon have each requested that the City grant an easement over a portion
of the vacated area. Staff will present the easements as requested following the adoption of
Ordinance 8592-14.
Page 1 City of Clearwater Printed on 9/12/2014
Ordinance No. 8592-14
ORDINANCE NO. 8592-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, ALL OF THE RIGHT-OF-WAY
ABUTTING THE SOUTH LOT LINES OF LOTS 8, 9, 10 AND
11 OF BLOCK 1, AND THE NORTH LOT LINES OF LOTS 8,
9, 10, AND 11 OF BLOCK 2, ALL PROPERTIES
DESCRIBED IN THE PLAT “MOASE AND HARRISON”
LOCATED IN HILLSBOROUGH PLAT BOOK 2 PAGE 85 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida, owner of real property located in the
City of Clearwater, finds it necessary to vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for use
as a public roadway, and it is deemed to be in the best interest of the City and the general
public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
ALL OF THE RIGHT-OF-WAY ABUTTING THE SOUTH LOT LINES OF LOTS 8, 9, 10
AND 11 OF BLOCK 1, AND THE NORTH LOT LINES OF LOTS 8, 9, 10, AND 11 OF
BLOCK 2, ALL PROPERTIES DESCRIBED IN THE PLAT “MOASE AND HARRISON”
LOCATED IN HILLSBOROUGH PLAT BOOK 2 PAGE 85 OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FL
is hereby vacated, closed and released, and the City of Clearwater releases its
right, title and interest thereto only to the extent that this property is used as a
public right-of-way; however, the City reserves its fee simple interest for any and all
other purposes.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No. 8592-14
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ _______________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
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Location Map
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.287A 15-29S-15E8/28/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Right-of-Way Vacationat Brownell Street
Document Path: V:\GIS\Engineering\Location Maps\Brownell street vacation FS 45.mxd
Fire Station 45 Boundary
Right-of-Way Vacation
Previously Vacated
Legend
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-468
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Approve a Supplemental Work Order to Harvard Jolly, Inc., Architect of Record (AOR), for
Threshold Inspections necessary for the construction of Countryside Branch Library
(11-0059-LI), in the amount of $10,560 and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
Council approved the initial design work order to Harvard Jolly on May, 1, 2013 in the amount
of $550,000.
Subsequent supplemental work orders were approved by the City Manager March 13, 2014
for $5,750 for design of the exterior chiller for future connection to the Recreation Center; and
August 26, 2014 for $42,000 for design of the Recreation Center interior HVAC system
conversion to chilled water.
The requested approval of the third supplemental work order for threshold inspection will bring
the total increase to $58,310 for a new total of $608,310.
The addition of the Countryside Recreation Center chilled water system to the Countryside
Branch Library project was approved by Council on August 7, 2014.
APPROPRIATION CODE AND AMOUNT:
0315-93528-561100-571-000-0000
Funds are available in capital improvement project 315-93528, Countryside Library
Renovation, to fund this work order.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 9/12/2014
1 of 4WOInitiation Form.docx form revised:7/22/2013
SUPPLEMENTAL WORKORDER
CITYOFCLEARWATER
Date:August12,2014
ProjectNumber:HJComm.No.13041.02
CityProjectNumber:11‐0059‐LI
1.PROJECTTITLE:
ThresholdBuildingSpecialInspectionServicesforCountrysideBranchLibrary ‐New
Construction.
2.SCOPEOFSERVICES:
RefertoletterdatedNovember20,2013,fromPhilipL.Trezza,Jr.ofHarvardJollyArchitecture
attachedasExhibitBforasummaryoftheproject.Refertobelowwhichoutlinesthetasksthat
willbeperformedaspartofthedesignphaseoftheoverallproject.Thedesignplansshallbe
compiledusingtheCityOfClearwaterCADstandards,asattachedasExhibitA.
I.CONSTRUCTIONPHASE
Task1‐ProvideThresholdInspectionServicesforthefollowingphasesinconstruction:
Foundation:4sitevisits@4hrs./visit&report=16hours
Masonrywallconstruction:8sitevisits@4hrs./visit&report=32hours
Reinforcedconcretebeam/column:6sitevisits@4hrs./visit&report=24hours
Structuralsteel:6sitevisits@4hrs./visit&report=24hours
Totalnumberofhours:96hours
3.PROJECTGOALS:
ToprovideSpecialInspectionservices,asrequiredperthe“ThresholdBuilding”requirements
withintheFloridaBuildingCode,duetothefactthattheCountrysideBranchLibrary–New
Constructionwillbelargerthan5,000squarefeetinareaandhaveanoccupancyofmorethan
500people(referenceFBC2010,Chapter2,Definitions).SpecialInspectionswillincludesite
visitsandreportsasindicatedaboveinPart2,ScopeofServices.
4.BUDGET:
Foundation:4sitevisits@4hrs. /visit&report=$1,760.00
Masonrywallconstruction:8sitevisits@4hrs./visit&report=$3,520.00
Reinforcedconcretebeam/column:6sitevisits@4hrs./visit&report=$2,640.00
Structuralsteel:6sitevisits@4hrs./visit&report=$2,640.00
Totalcost:$10,560.00
2 of 4WOInitiation Form.docx form revised:7/22/2013
ThispriceincludesalllaborandexpensesanticipatedtobeincurredbyHarvardJolly,Inc.forthe
completionofthesetasksinaccordancewithProfessionalServicesMethod“B”–LumpSum–
PercentageofCompletionbyTask,forafeenottoexceedTenthousandfivehundredsixty
Dollars($10,560.00).
Ifmoresitevisitsandlongerdurationsoftimearerequired,weproposetonotifyyouin
advance,andwecanprovidesuchservicesonanhourlybasis,attherateof$110/hour.
TherearenopermitapplicationfeesanticipatedfortheworkassociatedwiththisThreshold
BuildingSpecialInspectionServicesWorkOrderInitiationForm.
5.SCHEDULE:
Foundation:4sitevisits@4hrs./visit&report
Masonrywallconstruction:8sitevisits@4hrs./visit&report
Reinforcedconcretebeam/column:6sitevisits@4hrs./visit&report
Structuralsteel:6sitevisits@4hrs./visit&report
TheseSitevisitswouldbeprovidedinconcertwiththeInspectionsrequiredbytheContract
DocumentstobeprovidedbyEngineeringTestingLaboratories,AWSCertifiedWelding
Inspectors,etc.,hiredandcoordinatedbytheCityorConstructionManager.
Theprojectistobecompleted concurrentwiththemainproject(CountrysideBranchLibrary–
NewConstruction)fromissuanceofnotice‐to‐proceed.
6.STAFF ASSIGNMENT(Consultant):
AmyE.Jarman,R.A.,LEEDAP,HarvardJolly,Associate
PhilipL.Trezza,Jr.AIA,HarvardJolly,SeniorVicePresident
WeberandTinnen,StructuralEngineeringConsultant
7.CORRESPONDENCE/REPORTINGPROCEDURES:
AllCityprojectcorrespondenceshallbedirectedto:
TaraKivett,ConstructionEngineeringManager,withcopiestoothersasmaybeappropriate.
8.INVOICING/FUNDING PROCEDURES:
Forworkperformed,invoicesshallbesubmittedmonthlytotheCityofClearwater,Engineering
Department,Attn.:VeronicaJosef,SeniorStaffAssistant,POBox4748,Clearwater,Florida
33758‐4748.Contingencyserviceswillbebilledasincurredonlyafterwrittenauthorization
providedbytheCitytoproceedwiththoseservices.
CityInvoicingCode:0315-93528‐561100‐571‐000-0000
3 of 4WOInitiation Form.docx form revised:7/22/2013
9.INVOICINGPROCEEDURES
Ataminimum,inadditiontotheinvoiceamount(s)thefollowinginformationshallbeprovided
onallinvoicessubmittedontheWorkOrder:
A.PurchaseOrderNumberandContractAmount.
B.Thetimeperiod(beginandenddate)coveredbytheinvoice.
C.Ashortnarrativesummaryofactivitiescompletedinthetimeperiod
D.Contractbillingmethod–LumpSumorCostTimesMultiplier
E.IfLumpSum,thepercentcompletion,amountdue,previousamountearnedandtotal
earnedtodateforalltasks(directcosts,ifany,shallbeincludedinlumpsumamount).
F.IfCostTimesMultiplier,hours,hourlyrates,namesofindividualsbeingbilled,amountdue,
previousamountearned,totalearnedtodateforeachtaskandotherdirectcosts(receipts
willberequiredforanysingleitemwithacostof$50orgreaterorcumulativemonthly
expensesgreaterthan$100).
G.IftheWorkOrderisfundedbymultiplefundingcodes,anitemizationoftasksandinvoice
amountsbyfundingcode.
10.SPECIALCONSIDERATIONS:
TheconsultantnamedaboveisrequiredtocomplywithSection119.0701,FloridaStatutes
(2013)whereapplicable.
PREPAREDBY:APPROVEDBY:
AmyE.Jarman,R.A.MichaelD.Quillen,PE
Associate CityEngineer
HarvardJolly,Inc.CityofClearwater
08/12/14
Date Date
4 of 4WOInitiation Form.docx form revised:7/22/2013
Exhibit“A”
CITYOFCLEARWATER
ENGINEERINGDEPARTMENT
WORKORDERINITIATIONFORM
CITYDELIVERABLES
1.FORMAT
Thedesignplansshallbecompiledutilizingthefollowingmethods:
1.CityofClearwaterCADstandards.
2.Datum:HorizontalandVerticaldatumshallbereferencedtoNorthAmericanVertical
Datumof1988(vertical)andNorthAmericanDatumof1983/90(horizontal).Theunitof
measurementshallbetheUnitedStatesFoot.Anydeviationfromthisdatumwillnotbe
acceptedunlessreviewedbyCityofClearwaterEngineering/GeographicTechnology
Division.
2.DELIVERABLES
Thedesignplansshallbeproducedonbondmaterial,24"x36"atascaleof1"=20’unless
approvedotherwise.Uponcompletiontheconsultantshalldeliveralldrawingfilesindigital
formatwithallprojectdatainAutodeskCivil3Dfileformat.IfnotavailableLandDesktopfiles
arestillacceptable,howevertheCityorClearwateriscurrentlyphasingoutLandDesktop.
NOTE:IfapproveddeviationfromClearwaterCADstandardsareusedtheConsultantshall
includeallnecessaryinformationtoaidinmanipulatingthedrawingsincludingeitherPCP,CTB
fileorpenscheduleforplotting.Thedrawingfileshallincludeonlyauthorizedfonts,shapes,line
typesorotherattributescontainedinthestandardreleaseofAutodesk,Inc.software.Allblock
referencesandreferencescontainedwithinthedrawingfileshallbeincluded.Pleaseaddressany
questionsregardingformattoMr.TomMahony,at(727)5624762oremailaddress
Tom.Mahony@myClearwater.com.
Allelectronicfiles(CADandSpecificationfiles)mustbedelivereduponcompletionofprojector
with100%plansubmittaltoCityofClearwater.
Exhibit"B"
ARCHITECTURE
DESIGNING
POSSIBILITIES
SINCE 1938
STOCKHOLDERS
WilliamB.Harvard,Jr.,AIA
JeffreyE.Cobble,AIA,CPTED
MichaelK.Hart,AIA,ACHA
WardJ.Friszolowski,AIA
StevenM.Heiser,AIA
AlejandroF.Gonzalez,AIA
YvetteV.London,AIA,LEEDAP
JackWilliams,Jr.,AIA
PaulN.Schnitzlein,AIA
JacquelynS.Spears,ASID,LEEDAP
LeslieD.Brunell,AIA
StephenL.Johnson,AIA,LEEDAP
PhilipL.Trezza,Jr.,AIA,LEEDAP
LouisB.KublerII
CharlesJ.Clees,RLA
MariaHarvardRawls,LEEDAP
HowardW.Braukman,AIA,LEEDAP
RonaldR.Zajac,AIA,LEEDAP
JosephE.Blouin,Jr.,AIA
WinolaH.Davidson,LEEDAP
AmyE.Jarman,RA,LEEDAP
CandaceE.Shepherd
RobertS.Cusick,AIA,LEEDAP
2714 Dr ML King Jr St N
St.Petersburg,FL 33704
727-896-4611
www.harvardjolly.com
AAC000119
November20,2013
Ms.Tara L. Kivett
EngineeringConstruction Manager
CityofClearwater
P.O. Box4748
Clearwater,FL33758-4748
RE:COUNTRYSIDEBRANCHLIBRARY
PROPOSALFORADDITIONALSERVICES FOR
THRESHOLD BUILDING INSPECTION SERVICES
DearTara:
The newCountrysideBranchLibraryisconsidered a “ThresholdBuilding”bytheFloridaBuilding
Code,duetothefactthatitwillbelargerthan 5,000squarefeetinareaandhaveanoccupancy
contentofmore than500people(referenceFBC2010,Chapter2,Definitions). Withthis
classification,SpecialInspectionservicesare requiredtobedoneduringthe constructionprocess.
Therefore,HarvardJolly proposestoprovidetherequiredservicesthroughourstructural
engineeringconsultant,WeberandTinnen. The following is anestimateof thetypesandnumber
ofsitevisitsthatwillberequiredforthisproject,howeverthismayvary depending onthe
ConstructionManager’sandtheirsubcontractors’schedules.The actualnumberofsitevisitsand
amountoftimespentduringeachvisitmayvary.
EstimatedSpecialInspectionsrequired:
Foundation:4 sitevisits@ 4 hrs./visit& report=16hours
Masonrywallconstruction:8 sitevisits@ 4 hrs./visit& report=32hours
Reinforcedconcretebeam/column:6 sitevisits@ 4 hrs./visit& report=24hours
Structuralsteel:6 sitevisits@ 4 hrs./visit& report=24hours
Estimatedtotalnumberofhours:96hours
Weproposetoprovidetheservicesidentifiedaboveforthefollowing proposedfee:
Tenthousandfive hundred sixtydollars($10,560.00)
Ifmoresitevisitsandlongerdurationsoftimearerequired,weproposetonotify youinadvance,
andwecan providesuchservicesonanhourlybasis,attherateof$110/hour. The scope
describedabovealsoassumestheCityofClearwater oritsBuilding Departmentwillnotrequirethe
SpecialInspectortobeonsiteduringallconcrete/groutpours. Ifsuchsupervisionisrequiredor
requested,wecanprovidesuch servicesonanhourly basis.
The sitevisitslistedabovewillbeprovided inconjunctionwiththeinspectionsrequiredbythe
ContactDocumentstobeprovidedbyEngineering TestingLaboratories,AWSCertifiedWelding
Inspectors,etc.,whichwillbehiredandcoordinatedbytheCityorAjax BuildingCorporation,the
ConstructionManager.
Pleasedonothesitatetocontactusifyouhave anyquestionsorconcerns.Afterourreceiptofa
PurchaseOrderand/ora Work Orderfortheseadditionalservices,wewillcoordinateandprovide
theservicesattheappropriatetime duringtheconstruction.Thankyou.
Sincerely,
Philip L. Trezza,Jr., AIA,LEEDAP
VicePresident
HARVARDJOLLYARCHITECTURE
cc:WardFriszolowski,AmyJarman,HJfile
Page1of1
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-351
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Approve the Emergency Medical Services ALS First Responder Agreement between Pinellas
County and City of Clearwater for a three year term extending until September 30, 2017 and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special
district created for the purpose of providing Emergency Medical Services (EMS) throughout
Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III,
Pinellas County Code, as amended.
Pinellas County has contracted with various municipalities and independent special fire
districts in the County to provide first responder services and has also contracted with an
ambulance contractor to provide emergency and non-emergency transport services.
Through this contract, Clearwater Fire and Rescue will provide advanced life support services
to the residents of the City of Clearwater and to individuals within the unincorporated area of
Pinellas County that is located within the Clearwater Fire Control District. The City of
Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire
Control District.
The Pinellas County EMS Authority signed a 10-year agreement with the contract providers
that expired on September 30, 2007 and then another agreement was signed for 2007-2009.
Each year from this expiration date an annual extension has been authorized.
The current contract proposal is for a three-year contract term and allows two one-year
contract extensions. This proposal continues funding for our current service level.
Compensation for the fiscal year commencing October 1, 2014 and ending September 30,
2015 shall be $5,743,906. Compensation is to be paid in arrears in equal monthly installments
beginning on November 1, 2014.
The contract terms include:
·Average annual increase of 1.9% over the three year term. If extended for the
additional two year term, annual costs increases equal to the lower of the Consumer
Price Increase (CPI-U) or 125% of the annual increase in taxable property values are
included.
·The contract allows up to an additional 1% of budgeted funds to cover allowable costs,
which may exceed budgeted anticipated expenditures or for some overhead, internal
services, or station supply costs which were not previously reimbursable.
·The contract funds replacement of rescue units and two staff support vehicles.
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-351
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 9/12/2014
2014
EMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
CITY OF CLEARWATER
OCTOBER 1, 2014
PINELLAS COUNTY
EMERGENCY MEDICAL SERVICES AUTHORITY
12490 Ulmerton Road
Largo, FL 33774
Emergency Medical Services
ALS First Responder Agreement
Page 1
TABLE OF CONTENTS
PARTIES -------------------------------------------------------------------------------------------------- 4
RECITALS -------------------------------------------------------------------------------------------------- 4
ARTICLE 1
THE AGREEMENT
SECTION 101. Recitals and Purpose --------------------------------------------------------------------- 5
SECTION 102. Cooperation --------------------------------------------------------------------------------- 5
SECTION 103. Contract Documents ---------------------------------------------------------------------- 5
SECTION 104. Scope of Services ------------------------------------------------------------------------- 5
ARTICLE II
DEFINITIONS
SECTION 201. Words and Terms -------------------------------------------------------------------------- 6
SECTION 202. Terms Generally --------------------------------------------------------------------------- 11
ARTICLE III
REPRESENTATIONS
SECTION 301. Representations of Authority ----------------------------------------------------------- 12
SECTION 302. Representations of Contractor --------------------------------------------------------- 12
ARTICLE IV
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
SECTION 401. Vehicles and Equipment ----------------------------------------------------------------- 13
SECTION 402. Priority Dispatch Protocols -------------------------------------------------------------- 14
SECTION 403. Response Time ---------------------------------------------------------------------------- 15
SECTION 404. Continuing Medical Education ---------------------------------------------------------- 15
SECTION 405. Medical Quality Control ------------------------------------------------------------------ 15
SECTION 406. Medical Case Reviews ------------------------------------------------------------------- 16
SECTION 407. Personnel ------------------------------------------------------------------------------------ 17
SECTION 408. Disaster Assistance and Mutual Aid -------------------------------------------------- 17
SECTION 409. Automatic Aid/Closest Unit Response ----------------------------------------------- 18
SECTION 410. Medical Supplies and Inventory Control --------------------------------------------- 18
SECTION 411. Patient Care Reporting System -------------------------------------------------------- 19
SECTION 412. Utilization of Regional 9-1-1 Center --------------------------------------------------- 20
SECTION 413. Community Involvement ----------------------------------------------------------------- 21
SECTION 414. Licensure and Certification -------------------------------------------------------------- 21
SECTION 415. Accurate Information --------------------------------------------------------------------- 21
Emergency Medical Services
ALS First Responder Agreement
Page 2
ARTICLE V
DUTIES AND RESPONSIBILITIES OF AUTHORITY
SECTION 501. Medical Direction and Control ---------------------------------------------------------- 21
SECTION 502. Continuing Medical Education ---------------------------------------------------------- 21
SECTION 503. Medical Communications Equipment ------------------------------------------------ 21
SECTION 504. Medical Supplies --------------------------------------------------------------------------- 22
SECTION 505. Extraordinary Modifications ------------------------------------------------------------- 22
SECTION 506. Billing ------------------------------------------------------------------------------------------ 22
SECTION 507. ECG Equipment and Maintenance ---------------------------------------------------- 23
SECTION 508. Biohazard Waste Collection ------------------------------------------------------------ 23
SECTION 509. Patient Care Reporting System Equipment ----------------------------------------- 23
ARTICLE VI
INSURANCE AND INDEMNIFICATION
SECTION 601. Minimum Insurance Requirements ---------------------------------------------------- 24
SECTION 602. Additional Insurance Requirements --------------------------------------------------- 25
SECTION 603. Liability ---------------------------------------------------------------------------------------- 26
ARTICLE VII
COMPENSATION AND OTHER FINANCIAL PROVISIONS
SECTION 701. Compensation ------------------------------------------------------------------------------ 26
SECTION 702. Reserved. ------------------------------------------------------------------------------------ 28
SECTION 703. Deduction for Failure to Provide First Responder Unit -------------------------- 29
SECTION 704. Deduction for Faulty Documentation & Transport Protocol Compliance ---- 29
SECTION 705. Adjustment for Extraordinary Cost Increases -------------------------------------- 30
SECTION 706. Funds to Be Used Solely For EMS First Response ------------------------------ 30
SECTION 707. Future/Additional Services -------------------------------------------------------------- 31
SECTION 708. Additional Units ----------------------------------------------------------------------------- 31
SECTION 709. Audits and Inspections ------------------------------------------------------------------- 32
SECTION 710. Fiscal Non-Funding ----------------------------------------------------------------------- 32
ARTICLE VIII
TERM AND TERMINATION
SECTION 801. Term ------------------------------------------------------------------------------------------- 33
SECTION 802. Termination ---------------------------------------------------------------------------------- 33
SECTION 803. Resolution of Disputes ------------------------------------------------------------------- 34
Emergency Medical Services
ALS First Responder Agreement
Page 3
ARTICLE IX
MISCELLANEOUS
SECTION 901. Non-Discrimination in Employment --------------------------------------------------- 35
SECTION 902. Notices ---------------------------------------------------------------------------------------- 35
SECTION 903. Entire and Complete Agreement ------------------------------------------------------ 35
SECTION 904. Other Documents -------------------------------------------------------------------------- 35
SECTION 905. Applicable Law ----------------------------------------------------------------------------- 35
SECTION 906. Waiver ---------------------------------------------------------------------------------------- 36
SECTION 907. Severability ---------------------------------------------------------------------------------- 36
SECTION 908. Contractor Is Independent Contractor ------------------------------------------------ 36
SECTION 909. No Third-Party Beneficiaries; Assignment ------------------------------------------ 36
SECTION 910. Headings ------------------------------------------------------------------------------------- 36
SECTION 911. Counterparts -------------------------------------------------------------------------------- 36
SECTION 912 No Waiver of Rights under Special Act --------------------------------------------- 36
Emergency Medical Services
ALS First Responder Agreement
Page 4
EMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
AGREEMENT made this ________ day of__________, 2014, between the CITY OF
CLEARWATER, a Florida municipal corporation (”Contractor”), and the PINELLAS COUNTY
EMERGENCY MEDICAL SERVICES AUTHORITY, a special district (”Authority”).
RECITALS
1. The Authority is a special district created for the purpose of providing Emergency Medical
Services throughout Pinellas County (”County”), pursuant to Chapter 80-585, Laws of
Florida and Chapter 54, Article III, Pinellas County Code, as amended (“The Acts”).
2. The Authority has determined that a single-tier all Advanced Life Support (”ALS”) EMS
system with a first responder component and a transport component is in the best
interest of public safety, health and welfare.
3. The Authority has contracted with various municipalities and independent special fire
districts in the County to provide First Responder Services (as defined herein) and has
also contracted with an Ambulance Contractor to provide ALS emergency and non-
emergency transport services.
4. The Authority wishes to continue to provide for the long-term direction and financial
stability of the entire Emergency Medical Services system through working with the First
Responder agencies to control costs.
5. Authority is authorized to enter into agreements for Emergency Medical Services and the
Contractor is willing and able to provide First Responder Services (as defined herein).
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein set
forth to be kept and performed by and between the parties hereto, it is agreed as follows:
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THE AGREEMENT
ARTICLE I
SECTION 101. RECITALS AND PURPOSE
. The foregoing recitals are hereby
incorporated and made part of this Agreement. The purpose of this Agreement is to define the
obligations and responsibilities of the Parties hereto with respect to the provision of ALS First
Responder Services in the County.
SECTION 102. COOPERATION
. The Parties shall cooperate and use all reasonable
efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement.
Accordingly, the Parties further agree in good faith to mutually undertake resolution of disputes,
if any, in an equitable and timely manner so as to limit the need for costly, time-consuming,
adversarial proceedings to resolve such disputes.
SECTION 103. CONTRACT DOCUMENTS
Appendix A. ALS First Responder Units
. The following Appendices are attached to and
made part of this Agreement:
Appendix B. Annual Compensation
Appendix C. ALS First Responder Contractor
Appendix D. EMS Districts
Appendix E. On-Scene Equipment Exchange Items
Appendix F. EMS Equipment
Appendix G. EMS Financial Information Attestation Form
Subject to Section 912, this Agreement, together with the foregoing Appendices, constitutes the
entire Emergency Medical Services ALS First Responder Agreement between the Parties with
respect to the provision of ALS First Responder Services, except to the extent that HIPAA
(Health Insurance Portability and Accountability Act) requires additional agreements, which will
be handled separately, and shall supersede any prior agreement, contract or memorandum of
understanding between the Parties regarding such services.
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SECTION 104. SCOPE OF SERVICES.
(a) The response of an ALS First Responder Unit to the scene of an EMS Incident.
The services to be performed by the Contractor
under this Agreement include the following:
(b) The on-scene Patient care by Field Personnel.
(c) The continuation of Patient care, when Contractor’s Paramedic accompanies the Patient
during transport by the Ambulance Provider or medical helicopter. The transport of
Patients to a medical facility, in extraordinary circumstances, shall be in accordance with
Florida Statute 401.33 and the then current Medical Operations Manual, Transport
Protocols.
Such services shall be provided in accordance with the terms and conditions of this Agreement.
The specific terms and conditions of this Agreement shall govern and prevail over this Section
104.
DEFINITIONS
ARTICLE II
SECTION 201. WORDS AND TERMS
“ALS” means Advanced Life Support.
. Unless the context otherwise requires, capitalized
terms used herein shall have the following meanings ascribed to them:
“ALS First Responder Services” means the response of an ALS First Responder Unit to an
EMS Incident and, if necessary, on-scene Patient care by EMTs and Paramedics, all in
accordance with the protocols of the Authority.
“ALS First Responder Station” means any location designated by the Contractor and
approved by the Authority at which an ALS First Responder Unit, with the minimum
staffing required herein, is located.
“ALS First Responder Unit” means any of the ALS permitted vehicles provided by Contractor
under this Agreement and listed on Appendix A; each of which is equipped to provide
Advanced Life Support services and is used for rapid response to an EMS Incident . ALS
First Responder Units may include, but not be limited to: ALS engines, Transport
capable rescue units and non-Transport capable rescue units.
“Advanced Life Support” means treatment of life-threatening medical emergencies through
the use of techniques such as endotracheal intubation, the administration of drugs or
intravenous fluids, cardiac monitoring, and cardiac defibrillation by a qualified person,
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pursuant to rules of the Department.
“Ambulance” means a vehicle constructed, equipped and permitted as an ALS Ambulance,
pursuant to the rules of the Department for the transportation of Patients.
“Ambulance Contractor” means the entity selected by the Authority to provide ambulance
service countywide.
“Annual Compensation” means the professional services fee listed on Appendix B, as may be
adjusted pursuant to the terms of this Agreement.
“Annual External Audit” means an audit conducted by an external certified public accountant,
retained by the Contractor, who at the end of each Fiscal Year verifies and attests that
the Contractor has complied with the requirement to utilize EMS funds solely for EMS
purposes in accordance with Section 706 through the submission of the form shown on
Appendix G.
“Authority” means the Pinellas County Emergency Medical Services Authority, a special
district established by Chapter 80-585, Laws of Florida, as amended.
“Authority Funded Unit” means an ALS First Responder Unit authorized and funded by the
Authority pursuant to the terms of this Agreement.
“Automatic Aid/Closest Unit Response Agreement” means the agreement by and between
every political subdivision and fire control districts within Pinellas County dated October
16, 1990.
“BLS” means Basic Life Support.
“BLS First Responder Unit” means a vehicle equipped to provide Basic Life Support only.
“Basic Life Support” means treatment of medical emergencies by a qualified person through
the use of techniques described in the Emergency Medical Technician Basic Training
Course Curriculum of the United States Department of Transportation.
“CAD” means the computer aided dispatch system.
“Caller” means a person accessing the response system by telephone.
“Continuing Medical Education” or “CME” means (1) the minimum required continuing
medical education required for Emergency Medical Technicians and Paramedics to
maintain certified status within the EMS System, the State of Florida, and where
applicable, the National Registry of Emergency Medical Technicians; and (2) education
for individuals who have a specific deficiency that must be corrected to maintain or
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restore their status within the EMS System.
“Contractor” means any one of the entities described on Appendix C.
“Contractor Funded Unit” means an ALS First Responder Unit, approved by the Executive
Director, which is funded and operated by the Contractor for their operational flexibility,
but, the additional Unit is not necessary for the Contractor to meet its obligations under
the terms of this Agreement.
“County” means Pinellas County, Florida, a political subdivision of the State of Florida.
“County Certified” means authorized to work in the EMS System in accordance with
requirements established by the Medical Control Board, the Medical Director and
approved by the Authority.
“Department” means the State of Florida Department of Health.
“Disaster” means an occurrence of a severity and magnitude that normally results in death,
injuries and/or property damage and that cannot be managed through routine procedures
and resources of the EMS system.
“Emergency Medical Technician” or “EMT” means any person who is trained in Basic Life
Support, who is County Certified and who is certified by the Department to perform such
services in emergency situations.
“Emergency Medical Services” or “EMS” means the services provided by the Contractor
pursuant to Section 104.
“EMS Advisory Council” means the advisory board established by the Special Act. “EMS
Districts” means the districts designated by Authority pursuant to the Special Act and
shown on Appendix D.
“EMS Emergency” means any occurrence or threat thereof in the County, any municipalities
therein, or in Pasco, Hillsborough or Manatee County, which may result in unusual
system overload and is designated as an EMS Emergency by the Executive Director or
Authority.
“EMS Equipment” means the equipment listed on Appendix F, as may be amended from time
to time by the Executive Director.
“EMS Incident” means an emergency or non-emergency request processed through the
Regional 9-1-1 Center that needs or is likely to need medical services.
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“Emergency Response” means, for the purposes of measuring response time compliance in
Section 403, the act of responding to a request for services in which the Priority Dispatch
Protocols have determined that red lights and sirens will be used.
“EMS Mill” means the ad valorem real property tax imposed by the Authority pursuant to the
“Special Act”, Laws of Florida, as amended.
“EMS Ordinance” means Chapter 54, Article III of the Pinellas County Code, as may be amended.
“EMS System” means the network of organizations and individuals, including, but not limited to
the Authority, Ambulance Contractor, the Contractors, the EMS Advisory Council, the
Medical Control Board and the Medical Director, established to provide Emergency
Medical Services in Pinellas County.
“Executive Director” means the Director of the EMS System, or his or her designee.
“First Due Unit” means the ALS First Responder Unit, within Contractor’s primary response area,
predetermined to be the nearest to the EMS Incident, in accordance with Section 409 hereof.
“Field Personnel” means Paramedics and EMTs employed by Contractor.
“First Responder Services” means ALS First Responder Services.
“Fiscal Year” means the year commencing on October 1 of any given year and ending on
September 30 of the immediately-succeeding year.
“Force Majeure” means any act, event, or condition, other than a labor strike, work stoppage or
slowdown, that has had or may reasonably be expected to have a direct material adverse
effect on the rights or obligations of either Party under this Agreement, and such act, event, or
condition is beyond the reasonable control of the Party relying thereon as justification for not
performing an obligation or complying with any condition required of such Party under this
Agreement, and is not the result of willful or negligent action or a lack of reasonable diligence
of the Party relying thereon. Such acts or events may include, but shall not be limited to: an
act of God (except normal weather conditions for the County), epidemic, landslide, or similar
occurrence, an act of the public enemy, war, blockade, insurrection, riot, general arrest or
restraint of government and people, civil disturbance or similar occurrence.
“Medical Case Review” means a quality assurance review, informal investigation, medical
case review or formal investigation hearing by the Medical Director and/or Medical
Control Board into procedures and practices of Field Personnel.
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“Medical Control” means the medical supervision of the EMS System provided by the Medical
Director.
“Medical Control Board” means the board appointed by Authority pursuant to the EMS
Ordinance and having the duties and responsibilities set forth in the EMS Ordinance.
“Medical Direction” means supervision by Medical Control through two-way communication or
through established standing orders, pursuant to rules of the Department.
“Medical Director” means a licensed physician, or a corporation, association, or partnership
composed of physicians, which employs a licensed physician for the purpose of providing
Medical Control to the EMS System.
“Medical Operations Manual” means the clinical guidelines, prepared for the EMS System and
approved by the Medical Control Board, as the same may be amended from time to time.
“On-Scene Equipment Exchange Program” means the Authority’s program whereby an
equipment item listed on Appendix E, which many be amended from time to time by the
Executive Director, is employed by Contractor in the course of preparing a Patient for transport
and the ambulance personnel replaces the same from its own on-board inventory.
“Paramedic” means a person who is trained in Basic and Advanced Life Support, who is County
Certified, and who is certified by the Department to perform Basic and Advanced Life Support
procedures pursuant to the provisions of state statute, regulations and the Medical Operations
Manual.
“Party” or “Parties” means either the Authority or the Contractor, or both, as the context of the
usage of such term may require.
“Patient” means an individual who is ill, sick, injured, wounded or otherwise incapacitated and
is in need of or is at risk of needing medical care.
“Priority Dispatch Protocols” means the protocols adopted by the Authority, and as may be
amended from time to time, governing the EMS System’s response to the different types
of service requests.
“Regional 9-1-1 Center” means the Communications Center and related telephone, radio and
data systems operated and maintained by Pinellas County as the countywide Public
Safety Answering Point for the purpose of receiving 9-1-1 calls from citizens; providing
emergency medical dispatch following the Priority Dispatch Protocols; providing for the
dispatch of all BLS and ALS First Responder Units to EMS Incidents; and providing for
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the ongoing communications via radio and wireless data systems.
“Response” means the act of responding to a request for services, which act begins when ALS
First Responder Units are dispatched to an EMS Incident.
“Response Time” means the period of time commencing when an ALS First Responder Unit is
dispatched to an EMS Incident and ending when Contractor's first ALS First Responder Unit
arrives on the scene of the incident.
“Rules and Regulations” means the rules and regulations adopted by the Authority, which is
subject to amendment.
“Run Cards” means the Regional 9-1-1 Center’s computer aided dispatch software database
that, based upon the location of the EMS Incident and a predetermined listing of ALS
First Responder Units which the Contractor has determined to be the closest by travel
time or most appropriate in ranked order, recommends the closest or most appropriate
ALS First Responder Unit(s) to respond to EMS Incidents, or successor methods such as
global positioning satellite (GPS) automatic vehicle location (AVL) systems.
“Special Act” means Chapter 80-585, Laws of Florida, as amended.
“Special Events” means non-emergency events, such as sporting events, parades, festivals
and other group or mass gatherings, which may require BLS or ALS medical coverage.
“State” means the State of Florida.
“State of Emergency” means a Disaster which has been declared by proclamation of the
State, County or a municipality in the County.
“Total Unit Hour Compensation” means Unit Hour Compensation multiplied by the number of
Authority Funded Units provided by this Agreement.
“Transport” means the transportation of Patients to any destination by Ambulance.
“Uncontrollable Circumstance” means a Force Majeure, an EMS Emergency or a State of
Emergency.
“Unforeseen Circumstances” means circumstances which could not reasonably be foreseen
by the Parties at the time of execution of this Agreement.
“Unit Compensation” means the Annual Compensation in a Fiscal Year divided by the
number of Authority Funded Units provided by this Agreement.
“Unit Hour Compensation” means the Unit Compensation divided by Eight Thousand, Seven
Hundred and Sixty (8,760) Hours.
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SECTION 202. TERMS GENERALLY
. Whenever the context may require, any pronoun
shall include corresponding masculine, feminine and neuter forms. The words “include”,
“includes” and “including” shall be deemed to be followed by the phrase “without limitation”,
except as the context may otherwise require. The words “agree”, “agreement”, “approval”
and “consent” shall be deemed to be followed by the phrase “which shall not be unreasonably
withheld or unduly delayed”, except as the context may otherwise require.
REPRESENTATIONS
ARTICLE III
SECTION 301. REPRESENTATIONS OF AUTHORITY
(a)
. Authority represents to Contractor
that each of the following statements is presently true and correct:
Existing.
(b)
Authority has all requisite power and authority to carry on its business
as now conducted and to perform its obligations under this Agreement and each document
contemplated hereunder to which it is or will be a party.
Due Authorization
(c)
. This Agreement has been duly authorized by all necessary
action on the part of, and has been or will be duly executed and delivered by Authority and
neither the execution and delivery thereof, nor compliance with the terms and provisions thereof
or hereof contravenes any existing law, judgment, government rule, regulation or order
applicable to or binding on Authority.
Enforceability
(d)
. This Agreement constitutes a legal, valid and binding obligation of
Authority enforceable against Authority in accordance with the terms thereof, except as such
enforceability may be affected or limited by applicable bankruptcy, insolvency or similar laws,
from time to time in effect, which affect creditor’s rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
Financial Capability
(e)
. Authority is fully capable, financially and otherwise, to
perform its obligations hereunder, subject to availability of funds lawfully appropriated for the
purposes provided in this Agreement.
No Litigation. There are no pending, or to the knowledge of Authority, threatened
actions or proceedings before any court or administrative agency to which Authority is a party,
questioning the validity of this Agreement or any document or action contemplated hereunder,
or which are likely, in any case or in the aggregate, to materially adversely affect the
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consummation of the transactions contemplated hereunder.
SECTION 302. REPRESENTATIONS OF CONTRACTOR
(a)
. Contractor represents to
Authority that each of the following statements is presently true and correct:
Existing
(b)
. Contractor is a Florida municipal corporation or independent special district
having all requisite power and authority in Florida to carry on its business as now conducted, to own
or hold or otherwise control its properties, and to enter into and perform its obligations under this
Agreement and under each instrument described herein to which it is or will be party.
Due Authorization
(c)
. This Agreement has been duly authorized by all necessary
action on the part of and has been duly executed and delivered by Contractor and neither the
execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof
contravenes any existing law, judgment, government rule, regulation or order applicable to or
binding on the Contractor.
Enforceability
(d)
. This Agreement constitutes a legal, valid and binding obligation of
Contractor enforceable against Contractor in accordance with the terms thereof, except as such
enforceability may be limited by applicable bankruptcy, insolvency or similar laws, from time to
time in effect, which affect creditor’s rights generally and subject to usual equitable principles in
the event that equitable remedies are involved.
No Litigation
(e)
. There are no pending, or to the knowledge of Contractor,
threatened actions or proceedings before any court or administrative agency to which
Contractor is a party, questioning the validity of this Agreement or any document or action
contemplated hereunder, or which are likely, in any case or in the aggregate to materially
adversely affect the consummation of the transactions contemplated hereunder.
Financial Capability
. Contractor is fully capable, financially and otherwise, to
perform its obligations hereunder subject to availability of funds lawfully appropriated for the
purposes provided in this Agreement.
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
ARTICLE IV
SECTION 401.
VEHICLES AND EQUIPMENT.
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(a) Obligation to Provide Vehicles
(b)
. At all times during the term of this Agreement,
Contractor shall provide the number of Authority Funded Units described on Appendix A.
Contractor reserves the right to select and acquire vehicles and apparatus used in the
performance of this Agreement.
Maintenance of Vehicles and Fuel
(c)
. Contractor shall be responsible for the
maintenance and repair of ALS First Responder Units and for furnishing maintenance,
equipment, supplies, repairs, spare parts, replacement vehicles and fuel. Contractor shall
maintain records of maintenance and fuel in order to document that ALS First Responder Units
are maintained and used in accordance with this Agreement.
Staffing of Vehicles
(d)
. Each ALS First Responder Unit shall be staffed in
compliance with Chapter 401, Florida Statutes, with a minimum of one (1) Paramedic.
Contractor shall maintain records of staffing in order to document that ALS First Responder
Units are staffed in accordance with this Agreement.
Equipment and Supplies
(e)
. With the exception of equipment maintained by the
Authority in Section 507, Contractor shall furnish and maintain all EMS Equipment, required to be
provided by the Contractor pursuant to Appendix F. Contractor shall also be responsible for the cost
of replacing outdated medical supplies as provided in Section 504, which are lost through inadequate
stock rotation; as well as the cost of medical supplies which are lost, stolen, damaged, or
unaccounted for due to Contractor’s negligence. The Authority shall be responsible for the cost of any
medical supplies which are lost, stolen, or damaged due to a cause other than Contractor’s
negligence. Contractor shall be subject to the Authority’s On-Scene Equipment Exchange Program.
Medical Communications Equipment
(f)
. Contractor shall be responsible for the
replacement of all medical communications equipment that is lost, stolen or damaged due to
Contractor’s negligence. Contractor shall also be responsible for all routine maintenance of such
equipment. The Authority shall be responsible for the replacement of any medical communications
equipment that is lost, stolen or damaged due to a cause other than Contractor’s negligence.
Inspections
(g)
. Contractor shall allow representatives of the Authority and of the
Medical Director to inspect ALS First Responder Units, equipment and ALS First Responder
Stations as may be reasonably required to determine compliance with this Agreement.
Patient Care Reporting System Equipment. Contractor shall be responsible for
the replacement of all field equipment for the Patient Care Reporting System (e.g. notebook
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computers) that is lost, stolen or damaged due to Contractor’s negligence. Contractor is
responsible for providing and maintaining equivalent hardware for Contractor Funded Units.
Contractor shall also be responsible for all routine maintenance of such equipment. The
Authority shall be responsible for the replacement of field equipment for the Patient Care
Reporting System that is lost, stolen or damaged due to a cause other than Contractor’s
negligence.
SECTION 402. PRIORITY DISPATCH PROTOCOLS
. Contractor shall respond to EMS
Incidents in accordance with the then current Priority Dispatch Protocols. Contractor and the
Authority shall cooperate in implementing periodic enhancements and improvements to the
Priority Dispatch Protocols.
SECTION 403. RESPONSE TIME
. Response Time to not less than ninety percent (90%)
of all EMS Incidents in a Fiscal Year which are (1) prioritized as an Emergency Response; (2)
are within Contractor’s EMS District as set forth in Appendix D; and (3) for which Contractor’s
ALS First Responder Unit is determined, in accordance with Section 409, to be the First Due
Unit, shall be within seven (7) minutes and thirty (30) seconds or less; provided, however, that
such Response Time standard shall not be applicable to Responses which occur during periods
of Uncontrollable Circumstances or to Responses to remote areas or areas of limited
accessibility, as requested by Contractor and approved by the Executive Director. The Authority
and the Contractor desire to maintain Response Times for each EMS District at or below the
Response Times now enjoyed by each respective EMS District. Such level of service is met by
Authority Funded Units.
SECTION 404. CONTINUING MEDICAL EDUCATION. Contractor shall make available its
EMS personnel for Continuing Medical Education as required by state regulation, Rules and
Regulations and the Medical Control Board. Satisfactory participation by Contractor’s EMS
personnel in Continuing Medical Education provided and made available by the Authority shall
constitute fulfillment of this obligation. Contractor shall be responsible for ensuring that its EMS
personnel attend Continuing Medical Education training, either in classroom based training or
distance learning methods as determined by the Medical Director, in accordance with the Rules
and Regulations. Contractor may prepare and submit to the Executive Director a report
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evaluating performance of the CME program. Contractor shall use any prepared forms that the
Authority requests it to use for this evaluation.
SECTION 405. MEDICAL QUALITY CONTROL
(a)
.
Medical Director
(b)
. The Medical Director of the EMS System shall also serve as
medical director of Contractor’s EMS or ALS First Responder Services. Contractor may not use
or employ another Medical Director for the provision of Emergency Medical Services within
Contractor’s EMS District.
Rules and Regulations: Protocols
(c)
. Contractor shall fully comply with the Rules
and Regulations, including the protocols established in the Medical Operations Manual.
Ride-Along
(d)
. Contractor shall allow the Medical Director and the Executive Director or
their representative to ride in ALS First Responder Units during Responses to EMS Incidents.
However, such representatives shall conduct themselves in a professional and courteous manner,
shall not interfere with Contractor’s employees in the performance of their duties, except as
necessary to assure protocol compliance and good Patient care, and shall at all times be respectful of
Contractor’s employee/employer relationship. The Medical Director, Executive Director, or their
representatives, shall provide proof of employment, proof of workers’ compensation insurance and
shall complete any waiver or release forms which may be required by the Contractor prior to riding in
ALS First Responder Units.
On-Scene Patient Care
(e)
. Contractor shall comply at all times with the Authority’s
protocol for on-scene control of Patient care. If Contractor’s Paramedic is requested to ride to
the hospital with the Ambulance Contractor’s Paramedic, Contractor’s Paramedic shall comply.
Contractor’s Paramedic may also decide to ride to the hospital with Ambulance Contractor’s
Paramedic. Contractor shall be responsible for the return of the Paramedic from the hospital.
Special Events. In the event Contractor provides either BLS or ALS medical coverage
at a Special Event in their EMS District, Contractor shall be under the auspices of the Authority, the
Medical Control Board and the Medical Director. In providing medical coverage at a Special Event,
Contractor shall comply with the Rules and Regulations and with the protocols established in the
Medical Operations Manual. Authority Funded Units will not be used for dedicated special events
coverage without the written approval of the Executive Director. Contractor and Authority will notify
each other of large scale Special Events, which may require additional resources or adversely affect
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the EMS System, to ensure coordinated event coverage.
(f) Quality Assurance
. Contractor shall adhere to the quality assurance and quality
management program established by the Medical Director and shall participate in quality
assurance reviews.
SECTION 406. MEDICAL CASE REVIEWS
. Medical Case Reviews may include access to
data, records review, written and verbal statements by Field Personnel and EMS Coordinator,
and attendance at interviews and informal and formal hearings, in accordance with the then
current EMS Rules and Regulations and Florida Statute 401.425. Contractor shall cooperate in
obtaining such records, verbal and written statements and ensure that its Field Personnel attend
Medical Case Reviews when reasonably requested.
SECTION 407. PERSONNEL
(a)
.
Training and Qualifications
(b)
. All Field Personnel employed by the Contractor in
the performance of work under this Agreement shall be trained and qualified at a level
consistent with the standard established by the Authority for delivering Patient care and shall
hold appropriate credentials in their respective EMS profession.
Standard of Conduct
(c)
. Contractor’s personnel shall conduct themselves in a
professional and courteous manner at all times. Contractor shall address and correct any
departures from this standard of conduct. Contractor’s Field Personnel shall be easily identified
as EMTs or Paramedics while on scene of an EMS Incident.
Part-Time Employment
(d)
. Contractor shall not unreasonably restrict its employees
from seeking or performing part-time employment with Authority’s Ambulance Contractor.
EMS Coordinator
(1) Reviewing Patient care records in accordance with procedures established by the Medical
Director.
. Contractor shall designate a County Certified Paramedic as the
EMS Coordinator who will be responsible for performing or supervising, at a minimum, for:
(2) Responding to EMS Incidents and overseeing Patient care in accordance with procedures
established by the Medical Director.
(3) Monitoring Contractors’ EMS personnel to ensure compliance with CME requirements.
(4) Monitoring Contractors’ EMS personnel to ensure clinical competence and good customer
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service.
(5) Attending and actively participating in EMS related meetings and quality
improvement committees.
SECTION 408.
(a)
STATE OF EMERGENCY ASSISTANCE, EMS EMERGENCY AND MUTUAL AID
State of Emergency Assistance Within Pinellas County
(b)
. Immediately upon
notification by the Authority of a State of Emergency within Pinellas County, Contractor shall commit
such resources as mutually agreed upon by the Parties, given the nature of the State of Emergency
and shall assist in accordance with applicable plans and protocols mutually agreed upon by the
Parties. During a State of Emergency, Contractor shall be released from the requirements of Section
403 and the time requirements of Section 704(a). When Contractor ceases providing assistance with
the State of Emergency, Contractor shall resume normal operations as rapidly as is practical and
notify the Authority’s authorized representative that Contractor is able to resume normal operations
considering exhaustion of personnel, need for restocking and other relevant considerations.
State of Emergency Assistance Outside of Pinellas County
(c)
. Contractor shall
manage any State of Emergency assistance response outside of Pinellas County in a manner which
does not prevent Contractor from rendering services in accordance with this Agreement.
EMS Emergency
During an EMS Emergency, the Contractor shall be released from the requirements of Section 403.
When Contractor ceases providing assistance during an EMS Emergency, Contractor shall resume
normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking,
and other relevant considerations. During the course of an EMS Emergency, Contractor shall use
best efforts to continue to provide local ALS emergency coverage.
. Immediately upon notification by the Authority of an EMS
Emergency, Contractor shall assist in the locality where the EMS Emergency has occurred. The level
of assistance provided by Contractor shall be mutually agreed upon by the Parties.
(d) Mutual Aid
. Mutual aid responses outside of Pinellas County, rendered by the
Contractor outside of Pinellas County that are not due to a State of Emergency or EMS Emergency,
shall be performed in accordance with the terms and conditions of this Agreement.
SECTION 409. AUTOMATIC AID/CLOSEST UNIT RESPONSE
Regional 9-1-1 Center of an EMS Incident, Contractor shall provide ALS First Responder Services in
. Upon notification by the
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accordance with the Automatic Aid/Closest Unit Response Agreement. The ALS First Responder
Unit which is predetermined to be the closest to the emergency scene, by the Run Cards, shall be
dispatched without regard to EMS District or jurisdictional boundaries. In the event that the Automatic
Aid/Closest Unit Response Agreement is terminated, Contractor shall provide ALS First Responder
Services in accordance with the then current Run Cards for all EMS Incidents. The Contractor’s
authorized representative will periodically, or at the request of the Authority, update their Run Cards
to insure their accuracy and coordinate any changes with any affected Contractor(s).
SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL
. Contractor shall
establish and implement inventory control procedures for the stocking and use of medical
supplies. Contractor shall report, as of September 30th during each year this Agreement is in
effect, the balance of all medical supplies held by the Contractor in inventory. Such report will
list the item’s identification number, the item’s description, and the quantity held. Contractor will
report the quantity of medical supplies which are lost, damaged, or unaccounted for, due to
Contractor’s negligence, and medical supplies unusable due to inadequate stock rotation.
Contractor agrees to not maintain more than thirty (30) days of medical supplies in stock based
upon historical use. Contractor shall maintain inventory records that identify all ALS First
Responder Unit supplies issued from stock, and will keep stock under lock so that access is
limited to only authorized personnel. Contractor shall adhere to inventory control procedures
that the Authority may require, as long as they are reasonable and prudent. Contractor shall
follow all federal, state and local laws and protocols in the distribution and handling of controlled
substances. Contractor shall provide list of personnel authorized to receive controlled
substances from the warehouse and any change to such list.
SECTION 411. PATIENT CARE REPORTING SYSTEM. Contractor shall cooperate with
the Authority in refining and improving the fully-integrated, electronic patient care reporting
system. This system shall meet the information needs of the Contractor, the Medical Director,
the Medical Control Board and the Authority. Contractor shall gather and enter data into the
Authority’s electronic patient care reporting system for every Patient encountered and every
EMS Incident responded to by the Contractor’s Field Personnel. Operating costs of this
information system shall be the responsibility of the Authority. The Executive Director shall
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determine the start date and implementation timeline to ensure seamless implementation in the
EMS System.
The database of the Authority’s patient care reporting system shall be fully
comprehensive, including complete and integrated information on all EMS System activities
beginning with the receipt of an EMS Incident; dispatch activities and Response Times; every
Patient assessment and all treatment rendered while Contractor’s Field Personnel are attending
the Patient. Contractor shall require Field Personnel to comply with the completion of paper
reports and the data entry requirements of the EMS System and insure the accuracy and
completeness of such reports, as approved and periodically revised by the Authority. Authority
agrees that the procedures used to implement and operate the electronic patient care reporting
system shall be mutually agreed upon by the Parties.
Contractor shall have unlimited access, regardless of storage location or medium, to
electronic patient care reports generated by the Contractor’s EMS personnel and all dispatch-
related data.
SECTION 412. UTILIZATION OF REGIONAL 9-1-1 CENTER.
(a) Regional 9-1-1 Center
. Contractor shall utilize the Regional 9-1-1 Center for the dispatch of all
BLS and ALS First Responder Units to EMS Incidents. Contractor shall utilize the Regional 9-1-1
Center’s radio and data systems to include, but not limited to, computer aided dispatch (CAD)
software, mobile communications terminal software, and the County’s public safety and
intergovernmental voice and data radio system.
Contractor shall provide and maintain all fire station alerting systems, base stations, pagers, fire
station computers and peripherals, all mobile and portable radios except as provided in Section 503,
and mobile communications terminals and radio modems to communicate with the Regional 9-1-1
Center’s radio and data system following the County’s technical specifications.
Authority shall provide and maintain, at no cost to the Contractor, all necessary broadband
networking from Fire Stations to the Regional 9-1-1 Center’s data system, and access to the County’s
800MHz High Performance Data (HPD) system following the County’s technical specifications.
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Authority shall provide a mutually agreed upon appropriate planning phase, cost analysis, changes in
the County’s technical specifications, and implementation plan for any future upgrades or system
changes.
Contractor shall ensure all frontline ALS First Responder Units are equipped with GPS enabled
mobile communications terminals running mobile CAD software. Contractor shall ensure GPS
enabled mobile communications terminals are kept in working order and repaired in a timely manner
to ensure efficient and accurate dispatch.
(b) Requests for Emergency Medical Assistance
. Should Contractor receive any request for
emergency medical assistance, including walk-ins, Contractor shall record the address and telephone
number of the caller, obtain the location and nature of the emergency, shall immediately respond to
the request for emergency medical assistance, if appropriate, and shall immediately advise the 9-1-1
Center of the information received, and the Response initiated by Contractor, if any.
SECTION 413. COMMUNITY INVOLVEMENT
. Contractor is encouraged to make available to
their local community, health promotions and prevention education (i.e., CPR training, public access
defibrillation programs, drowning prevention, health risk assessments). The programs may be
developed by the individual contractor or in coordination with the Medical Director or the Authority.
SECTION 414. LICENSURE AND CERTIFICATION
. Contractor shall maintain the
appropriate licensure with the Department as an ALS provider. Contractor or Contractor’s
employees, as the case may be, shall be responsible for payment of any fees associated with
EMS and Paramedic certification and recertification using funds provided under this Agreement.
SECTION 415. ACCURATE INFORMATION
. Any news releases, statements, or public
information given by the Contractor’s or Authority’s personnel to the public or the media shall
accurately reflect the design and operation of the EMS system.
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DUTIES AND RESPONSIBILITIES OF AUTHORITY
ARTICLE V
SECTION 501. MEDICAL DIRECTION AND CONTROL
. The Authority shall be
responsible for providing, or cause to be provided, Medical Direction and Medical Control to the
Contractor.
SECTION 502. CONTINUING MEDICAL EDUCATION
. Authority shall provide and make
available to Contractor a Continuing Medical Education training program at multiple, regionally-
located training sites and not at a single, centralized training site. Authority shall endeavor to
utilize distance learning methodologies and technology to deliver CME training whenever possible.
SECTION 503. MEDICAL COMMUNICATIONS EQUIPMENT
. Authority has provided, or shall
provide, as applicable, one (1) 800 MHZ Mobile Radio, and one (1) 800 MHZ Portable Radio for each
Authority Funded Unit approved on Appendix A. The radio equipment shall be installed in the
Authority Funded Units by the Contractor and become Contractor’s property. Contractor shall be
responsible for such equipment, as provided for in Section 401(e) hereof. Authority shall be
responsible for replacing such equipment at the end of a reasonable useful life, as determined by the
Authority. Such equipment will be replaced through the County’s “P25 Communications System
Upgrade”.
SECTION 504. MEDICAL SUPPLIES. The Authority shall provide and replace, as necessary,
without cost to Contractor, the medical supplies used by Contractor in rendering Patient care under
this Agreement. The Authority shall deliver, or cause to be delivered, all medical supplies, except
controlled substances, every two weeks to Contractor’s designated medical supply receiving location.
Contractor’s authorized representative shall sign for and pick up controlled substances at a central
location designated by the Authority. The Authority shall not be responsible for costs of replacing
inventory items lost, stolen, damaged or unaccounted for due to Contractor’s negligence but the
Authority shall be responsible for the costs of replacing inventory items lost, stolen damaged or
unaccounted for due to a cause other than Contractor’s negligence. Where applicable, Contractor
shall relocate supplies nearing their expiration dates to ALS First Responder Units serving areas of
higher demand within their EMS District. All medications and supplies shall be returned to the
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Authority not later than sixty (60) days after the respective expiration dates. If such medications and
supplies are not returned to Authority within sixty (60) days after their respective expiration dates, or
at the direction of the Medical Director, Contractor shall be charged for the replacement of such
supplies. A fully comprehensive narcotic control system shall be provided by the Authority to include
boxes, electronic locks, and web-based tracking software.
SECTION 505. EXTRAORDINARY MODIFICATIONS
. Notwithstanding the provision of
Section 401(b) hereof, Authority shall separately provide and fund any modifications to ALS First
Responder Units or equipment which may be required by the Authority and which do not
constitute routine maintenance, repair or replacement.
SECTION 506. BILLING
. The Authority shall have sole responsibility for submitting claims
for transports made by either the Authority or by Contractor.
SECTION 507. ECG EQUIPMENT AND MAINTENANCE
. The Authority shall provide all
electrocardiogram (ECG) monitoring/defibrillation equipment and pulse oximetry/capnography
equipment for Authority Funded Units including adequate spare equipment. Contractor agrees to
continue using its current equipment on Authority Funded Units over its useful life which equipment
will be maintained by the Authority and repaired or replaced at the Authority’s option. The Authority
shall be responsible for replacing such equipment at the end of a reasonable useful life, as
determined by the Authority. At the point that the equipment is replaced with new equipment, the
Contractor will transfer ownership of the equipment being replaced to the Authority who will trade in
the used equipment to reduce the cost of replacement. Contractor will remain responsible for the
purchase, maintenance and repair of equipment for Contractor Funded Units and may use the
Authority’s ECG bid to purchase identical equipment. Contractor shall be responsible for any repairs
that are necessary due to Contractor’s negligence.
SECTION 508. BIOHAZARD WASTE COLLECTION
. The Authority shall provide or cause
to be provided, the collection and disposal of all biohazard waste from ALS First Responder
Stations on a periodic basis, no less than monthly. Contractor shall follow any procedures
necessary for biohazard waste to be collected.
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SECTION 509. PATIENT CARE REPORTING SYSTEM EQUIPMENT. Authority shall
provide, as applicable, one (1) notebook computer or tablet computer for each Authority Funded
Unit approved on Appendix A. The equipment shall be utilized on Authority Funded Units by the
Contractor for the purpose of completing electronic patient care reports. Only Authority
authorized software and peripherals may be utilized to ensure a highly reliable and coordinated
system. Authority provided patient care reporting system equipment shall remain property of the
Authority. Contractor shall be responsible for such equipment, as provided for in Section 401(g)
hereof. Authority shall be responsible for maintaining such equipment and replacing it at the
end of a reasonable useful life, as determined by the Authority. If EMS Grant funding is
available, the Authority will provide equipment and software for Contractor Funded Units.
Otherwise, the Contractor will be responsible for providing equipment and software for
Contractor Funded Units at its discretion.
INSURANCE AND INDEMNIFICATION
ARTICLE VI
SECTION 601. MINIMUM INSURANCE REQUIREMENTS
(a) Provide Workers’ compensation insurance as required by Florida Law.
. Contractor shall be self-
insured or shall pay for and maintain at least the following insurance coverage and limits as
listed below. Insurance coverage and limits shall be evidenced by delivery to the Authority of: a
certificate of insurance executed by the insurer(s) listing coverage and limits, expiration dates
and terms of policies and all endorsements whether or not required by the Authority, and listing
all carriers issuing said policies; and, a certified copy of each policy, including all endorsements.
Where applicable, Contractor shall submit to Authority a letter from Contractor’s Risk Manager
stating that Contractor is self-insured, or the amount of insurance per claim and per occurrence,
any gap and the amount of excess insurance up to its coverage. Notwithstanding anything to
the contrary contained in this Agreement, Contractor does not waive any immunity or limitation
of liability it may have under the doctrine of sovereign immunity or Section 768.28 Florida
Statutes. The following insurance requirements shall remain in effect throughout the term of this
Agreement (unless Contractor is self-insured, in which case Contractor shall not be required to
comply with the following insurance requirements):
(b) Provide commercial general liability, employers’ liability and commercial vehicle
liability insurance that reflects the limits of liability for governmental entities in accordance
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with Section 768.28(5), F.S., should the State Legislature change these limits, coverage
consistent with the revised limits shall be obtained.
(c) Professional Liability Insurance, including errors and omissions, with minimum
limits of $1,000,000 per occurrence; if occurrence form is available; or claims made form
with “tail coverage” extending three (3) years beyond the ending date of this Agreement.
In lieu of “tail coverage” the Contractor may submit annually to the Authority a current
certificate of insurance proving claims made insurance remains in force throughout the
same three (3) year period. This coverage is subject to statutory and regulatory
requirements of Federal, State or local law.
(d) Personal and/or Bodily Injury including death and property damage liability Insurance
with minimum limits of $1,000,000 Combined Single Limit insurance in excess of all primary
coverage.
SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS
(a) Each policy shall require that forty-five (45) days prior to expiration, cancellation,
non-renewal or any material change in coverage or limits, a notice thereof shall be given
to Authority. Contractor shall also notify Authority within twenty-four (24) hours after
receipt of any notices of expiration, cancellation, non-renewal or material changes in
coverage received by said Contractor from its insurer.
. To the extent that
Contractor maintains insurance policies rather than being self-insured, each insurance policy
shall include the following conditions by endorsement to the policy:
(b) Companies issuing the insurance policy, or policies, shall have no recourse
against Authority or County for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of Contractor.
(c) The Authority shall be endorsed to the required policy or policies as an additional
insured, exclusive of professional liability insurance. The additional insured clause covers
the actions of the Contractor while providing services under the terms of this Agreement.
(d) The policy clause “Other Insurance” shall not apply to any insurance coverage
currently held by the Authority or the County, to any such future coverage, or to County’s
Self-Insured Retention of whatever nature.
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SECTION 603. LIABILITY
. Contractor and Authority agree to be fully responsible for their own
acts of negligence or their respective agents’ acts of negligence when acting within the scope of
their employment, and agree to be liable for any damages resulting from said negligence.
Nothing herein is intended to serve as a waiver of sovereign immunity or the limits of liability
contained in Section 768.28, Florida Statutes, by the Contractor, County or Authority. Nothing
herein shall be construed as consent by Contractor or Authority to be sued by third parties in
any manner arising out of this Agreement. Contractor is not liable for the causes of action
arising out of the negligence of the Authority, its employees or agents, or arising out of the
negligence of any persons or entities contracted by, appointed by, or approved by the Authority
to provide services related to this Agreement (including but not limited to other Contractors, the
Ambulance Contractor, Medical Control Board and Medical Director). This Section 603 shall
survive expiration or earlier termination of this Agreement.
COMPENSATION AND OTHER FINANCIAL PROVISIONS
ARTICLE VII
SECTION 701. COMPENSATION
(a)
.
FY 2014 – 2015.
(b)
Authority and Contractor have agreed to an amount reflecting
Contractor’s submitted budget for EMS services during Fiscal Year 2014 – 2015. The approved
budget amounts for the Fiscal Year commencing October 1, 2014, shall be equal to that shown
on Appendix B.
FY 2015 – 2016 and FY 2016 – 2017.
Contractor represents that its projected budgets
without including capital expenditures for rescue unit replacements for FY 2015 – 2016 and FY
2016 – 2017 are in the amounts shown on Appendix B. The Authority shall approve
Contractor’s budgets that are submitted for FY 2015-2016 and FY 2016-2017, which shall be
prepared in the same manner as the budget submitted for FY 2014-2015, so long as said
budgets are equal to or less than the amounts shown on Appendix B, and Authority shall pay
Annual Compensation to Contractor for FY 2015-2016 and FY 2016-2017 in accordance with
said approved budgets.
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(c) FY 2017 – 2018 and FY 2018 – 2019.
(d)
Should the Agreement be extended pursuant to
Section 801 below, the Annual Compensation (not including capital expenditures) shall be
adjusted by the lesser of the percentage increase in the Consumer Price Index for All Urban
Consumers (CPI-U) for “Tampa-St. Petersburg-Clearwater, Florida” (Bureau of Labor Statistics
Series CUUSA321SA0) as of January each year (to assist in accurate budget forecasting) for
the most recent twelve (12) months or 125% of the annual percentage increase in the taxable
value of those properties subject to the EMS mill. In no circumstances shall the Annual
Compensation be reduced if the inflation adjustment is less than zero (0) percent in any given
year. For these two (2) years, if EMS reserve funds are not sufficient to cover capital
expenditures for rescue unit replacements, then the budget shall include sufficient funds to
provide for necessary purchases of rescue unit replacements. Provided, however if , either the
average change in CPI or property value for Fiscal Years 2014-2015, 2015-2016, and 2016-
2017, using the calculation method above, provides for a greater Annual Compensation, the
higher amount of these two alternatives will be the Annual Compensation to be paid to the
Contractor.
Capital for Rescue Unit Replacement.
(e)
Authority will provide funding for Authority
funded rescue units and the proportionate share of EMS Coordinator staff vehicles. Fire engines
and other fire apparatus are not subject to EMS vehicle replacement funding. Units will be
replaced after at least five (5) years, but no more than seven (7) years, of frontline service.
Contractor represents that its projected capital replacement needs are as shown in Appendix B.
Payment.
(f)
Payments shall be paid monthly in arrears in (approximately) equal monthly
installments.
EMS Reserve Funds. Beginning in Fiscal Year 2014-2015 and through the term of this
Agreement, inclusive of the 2-year extension, if extended, Contractor, through the Annual
External Audit process delineated in Section 706 of this Agreement, may be reimbursed for up
to 1.0% of the Fiscal Year’s approved budget in which such expenditures were made for
Authority funded EMS costs that exceed the Contractor’s Annual Compensation for that Fiscal
Year. Such payment shall be made by the Authority to the Contractor after receipt of the audit
attestation shown in Appendix “G”.
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(g) If any proposed budget submitted by Contractor to the Authority for the following Fiscal
Year should exceed the amount of the projected budget in FY 2015 – 2016 or FY 2016 – 2017
in Appendix B (as adjusted pursuant to subsection (f) above) or should exceed the amount of
the inflation adjusted budget in FY 2017 – 2018 or FY 2018 – 2019, Authority and Contractor
agree to reopen this Section 701 to negotiate no later than April 1 of the then current Fiscal
Year the Annual Compensation for the following Fiscal Year. For any Fiscal Year in which
Section 701 is reopened to negotiate the Annual Compensation for the following Fiscal Year, in
the event that Authority and Contractor cannot reach agreement on the Annual Compensation
by June 30 (or such later date agreed upon in writing by Contractor), this Agreement shall
terminate on the last day of the then current Fiscal Year. In no event, unless separate
agreement is made pursuant to the reopener provision of this subsection, shall the total
expenditure of the Authority in any Fiscal Year exceed the total sum of the amounts shown on
Appendix B plus any available EMS Reserve Fund provided in subsection (f) herein, or as
calculated in subsection (c) plus any available EMS Reserve Fund provided in subsection (f)
herein.
SECTION 702. Reserved.
SECTION 703. DEDUCTION FOR FAILURE TO PROVIDE FIRST RESPONDER UNIT
In the event Contractor fails to provide an ALS First Responder Unit, or substitutes a BLS First
Responder Unit instead of an ALS First Responder Unit, for an extended period (as described
below) of time and without the advance approval of the Authority, the Authority may deduct an
amount equal to the Contractor’s Unit Hour Compensation multiplied by each hour or portion
thereof for each day or portion thereof that the Contractor has failed to provide an ALS First
Responder Unit. Such deduction shall be made from the following monthly Annual
Compensation payment. For purposes of this Agreement, an extended period of time means,
with respect to mechanical problems and personnel, more than four (4) consecutive hours in
any given day, and with respect to training, more than ten (10) hours in any given day; provided
however that Section 703 shall not be applicable when the Executive Director has waived the
provisions of Section 703, or when Contractor has failed to provide an ALS First Responder Unit
or substitutes a BLS First Responder Unit during periods of Uncontrollable Circumstances.
.
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SECTION 704.
(a)
DEDUCTION FOR FAULTY DOCUMENTATION AND TRANSPORT
PROTOCOL COMPLIANCE.
Faulty Documentation.
(b)
In the event that the Contractor transports a Patient,
under the extreme circumstances authorized by online Medical Control or in compliance with the
then current Medical Operations Manual transport protocols, Contractor shall provide a billable
Patient Care Report to the Authority. The report shall include, at a minimum, the medical
reason for Transport, the Patient’s condition, the Patient’s name, the Patient’s address, the
Patient’s social security number, Patient’s telephone number, the origin and destination of the
Transport, the Transport mileage, and all medical care rendered. Contractor’s Field Personnel
shall obtain the Patient’s signature and any other signatures necessary to process a bill. The
report shall be delivered to the Authority’s EMS Billing Office within four (4) business days from
the date of service. If such report is illegible, incomplete or is provided to the Authority greater
than four (4) business days from the date of service, then Contractor shall be subject to a
deduction of One Hundred Dollars ($100.00) for each such occurrence. The amount shall be
deducted from the following monthly Annual Compensation payment.
Transport Protocol Compliance
. In the event the Contractor transports a Patient
that is not authorized by online Medical Control or in compliance with the then current Medical
Operations Manual transport protocols, then Contractor shall be subject to a deduction of One
Hundred Dollars ($100.00) for each such occurrence. The amount shall be deducted from the
following monthly Annual Compensation payment.
SECTION 705. ADJUSTMENT FOR EXTRAORDINARY COST INCREASES
(a) Contractor must document, using generally accepted accounting procedures, the
actual financial impact of the increased fuel prices upon Contractor’s costs of production.
. Contractor
may apply for and receive prospective compensation adjustments to the Annual Compensation
as necessary to offset documented increases in Contractor’s cost of production directly resulting
from increases in the prices paid by Contractor for fuel due to Unforeseen Circumstances and
subject to the following stipulations:
(b) Only the effects of increased direct fuel prices-excluding any effects of increased
fuel consumption, overhead allocations and indirect costs-shall be considered.
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SECTION 706. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE
Contractor shall have an Annual External Audit conducted by a Certified Public Accounting firm
to verify the Authority funded EMS income, Authority funded EMS expenditures, and Authority
funded EMS reserves. The Annual External Audit shall include the “EMS Financial Information
Attestation Form” prepared by the Contractor and signed by the Contractor’s auditor. The
required “EMS Financial Information Attestation Form” is attached as Appendix G. Contractor
shall provide to Authority the audited financial statement that includes the “EMS Financial
Information Attestation Form” within ten (10) business days of Contractor’s receipt of the Annual
External Audit. The cost of the Annual External Audit will be expended from Contractor’s EMS
funds.
. Contractor
recognizes that monies received hereunder are derived from the EMS Mill and that the EMS
Mill, pursuant to referendum, has been dedicated solely to the provision of Emergency Medical
Services. Contractor, therefore, agrees that funding provided under this Agreement will be used
strictly for the provision of the services described herein.
SECTION 707. FUTURE/ADDITIONAL SERVICES
shall discuss the manner in which such additional services shall be effected, evaluate the
relationship of such services; and determine the impact of such services on the EMS system.
Contractor’s obligations shall be limited to those specifically set forth in this Agreement.
Contractor shall not be responsible for providing any additional services unless Contractor
agrees in writing to provide such additional services.
. Contractor and Authority understand
that, in the future, health care delivery and Emergency Medical Services may evolve to include
pathway management, an expanded scope of practice, primary care services or other activities
where EMS resources provided under this Agreement may be used. Contractor and Authority
SECTION 708. ADDITIONAL UNITS
(a)
.
Authority Funded. During the term of the Agreement, the Authority may
determine that additional Authority Funded Unit(s) are needed. Additionally, Contractor may
request that consideration be given for approval of an additional Authority Funded Unit. If the
Authority determines that additional Authority Funded Unit(s) are needed from Contractor, then
Authority and Contractor shall negotiate a mutually-agreeable compensation for such additional
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Authority Funded Unit(s). In those instances where the Contractor requests Authority to approve
additional Authority Funded Unit(s), the Authority shall meet with the Contractor to determine the
need for the requested Authority Funded Unit(s). If approved, the Authority will negotiate a
mutually-agreeable compensation for such additional Authority Funded Unit, Units or Unit
Hours. Compensation for such additional Authority Funded Unit(s), or Unit Hours, shall begin
upon approval by the Authority.
(b) Contractor-Funded
. Contractor and Authority understand that the EMS System
is a unified, integrated system requiring the cooperation of all providers in the EMS System. To
insure coordinated implementation of any improvements to the EMS System and to insure the
integrity of the EMS System, if Contractor desires to operate additional ALS First Responder
Unit(s) as a Contractor Funded Unit, Contractor will obtain approval from the Authority in writing
prior to operating the Contractor Funded Unit. Contractor may elect to cease operation of a
Contractor Funded Unit at its sole discretion. Contractor is responsible for all costs associated
with staffing, equipping and operating such Contractor Funded Units. The Authority shall provide
Medical Control and Medical Supplies for authorized Contractor Funded Units.
SECTION 709. AUDITS AND INSPECTIONS
Contractor shall make available to the Medical Director its records with respect to all clinical
matters covered by this Agreement and the Medical Director may audit, examine, copy and make
excerpts or transcripts from such records and inspections to the extent permitted by law.
. At any time during normal business hours, and
as often as may reasonably be deemed necessary, representatives of the Authority or Medical
Director may observe Contractor’s operations. Contractor shall make available to Authority for its
examination, its records with respect to all matters covered by this Agreement, and Authority may
audit, examine, copy, and make excerpts or transcripts from such records, and may make audits of
all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs,
conditions of employment, and other data related to all matters covered by this Agreement to the
extent permitted by law.
The Authority’s right to observe and inspect operations or records in Contractor’s business
office shall, however, be restricted to normal business hours, and reasonable notification shall be
given the Contractor in advance of any such visit.
Records relating to contract activities shall be retained for three (3) years from final payment
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in each year.
All representatives of the Authority, Medical Control Board and Medical Director who
observe Contractor’s operations or audit or examine Contractor’s records shall conduct themselves
in a polite manner; complete any training required by law; and not interfere with Contractor’s
employees’ duties. Audits and inspections shall be done to the extent permitted by law.
SECTION 710. FISCAL NON-FUNDING. In the event sufficient budgeted funds are not
available for a new Fiscal Year, the Authority shall timely notify Contractor of such occurrence
prior to the end of the current Fiscal Year and this Agreement shall terminate on the last day of
current Fiscal Year.
TERM AND TERMINATION
ARTICLE VIII
SECTION 801. TERM
. The initial term of this Agreement shall be for three (3) years,
commencing October 1, 2014 and ending at midnight September 30, 2017, unless this
Agreement is earlier terminated as provided for herein in this Agreement. This Agreement may
be extended for an additional two (2) year period following the initial term, provided that the
Parties mutually agree in writing to such extension which is subject to Authority and Contractor
approval prior to July 1, 2017. References in this Agreement to “Term” shall include the initial
term of this Agreement and all extensions thereof.
SECTION 802. TERMINATION
(a) By Authority for Cause. This Agreement may be terminated by the Authority for
cause upon twenty (20) days written notice to Contractor. For purposes of this section 802(a),
“cause” shall mean (1) the event that Contractor, for any reason, fails to meet the licensing
requirements in the State of Florida pursuant to the provisions of Chapter 401, Florida Statutes,
or (2) a material breach by Contractor of any term, covenant or warranty contained in this
Agreement; provided, however, that in the case of a breach of any term, covenant or warranty,
the Authority shall provide written notice of such breach and Contractor shall have the
opportunity to cure such breach within twenty (20) days of receipt of such notice or within such
additional period of time mutually agreed upon by the Parties.
.
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(b) By Contractor for Cause
(c)
. This Agreement may be terminated by Contractor for
cause upon twenty (20) days written notice to the Authority. For purposes of this section 802(b),
“cause” shall mean a material breach by the Authority of any term, covenant or warranty
contained in this Agreement; provided, however, that in the case of a breach of any term,
covenant or warranty, Contractor shall provide written notice of such breach and the Authority
shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice,
or, within such additional period of time mutually agreed upon by the Parties.
By Authority or Contractor Without Cause.
(d)
This Agreement may be terminated
without cause by Contractor or the Authority upon six (6) months written notice to the other
Party.
Provision of Emergency Medical Services Upon Termination.
In the event of
termination of this Agreement by either Contractor or the Authority, Contractor shall continue to
participate in the EMS System and Emergency Medical Services shall be provided in
Contractor’s EMS District in accordance with the Special Act and EMS Ordinance, and the
Authority shall compensate Contractor in accordance with the Special Act.
SECTION 803. RESOLUTION OF DISPUTES. To the extent that Contractor and Authority
cannot, after good faith attempts, resolve any controversy or dispute that may have arisen under this
Agreement, except for any dispute concerning the Annual Compensation or §701, Contractor and
Authority shall appoint an ad-hoc committee consisting of one mutually agreed upon representative
from the Medical Control Board, the EMS Advisory Council, and the Pinellas County Fire Chiefs
Association to facilitate a timely and effective resolution. The ad-hoc committee shall meet as often
as necessary under the circumstances in an attempt to resolve the controversy or dispute. The
committee shall review each Party’s submittal of its interpretation of the Agreement and may request
additional information as necessary. The committee shall complete its review within sixty (60) days of
the date that the Committee is notified of the controversy or dispute (unless the Parties mutually
agree to extend this period of time) and submit any recommendation to the Pinellas County
Administrator and Contractor. All recommendations and other actions of the committee shall be non-
binding. After the committee has submitted its recommendation to the Pinellas County Administrator
and Contractor, either Party may thereafter refer the matter to non-binding mediation in the State of
Florida. If the Parties do not agree upon representatives for the committee, if either Party chooses not
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to engage in mediation or if the Parties engage in mediation but mediation fails to resolve the dispute,
either Party may pursue its legal remedies, including the Chapter 164 process, and , including, but
not limited to, filing a complaint (including but not limited to a complaint for injunctive relief) in the
appropriate court possessing competent jurisdiction.
MISCELLANEOUS
ARTICLE IX
SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT
SECTION 902.
. The Contractor will not discriminate
against any applicant for employment because of age, race, color, religion, sex, sexual orientation or
national origin. Contractor agrees that applicants will be employed, and that employees are treated
during employment, (e.g. layoff or termination, promotion, demotion, transfer, rates of pay and
compensation, and selection for training, including apprenticeship), without regard to age, race, color,
religion, sex, sexual orientation or national origin. The Contractor will post in conspicuous places,
available to all employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
NOTICES
this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified
mail, return receipt requested, with notice deemed to be given upon receipt; postage prepaid, and
shall be addressed as follows:
. All notices, consents and agreements required or permitted by
If to Authority: Executive Director, Pinellas County EMS Authority
Pinellas County Emergency Medical Services
12490 Ulmerton Road – Suite 134
Largo, Florida 33774
If to Contractor: See Appendix C
SECTION 903. ENTIRE AND COMPLETE AGREEMENT. Subject to Section 912, this
Agreement, as amended, and all Appendices hereto, constitute the entire and complete
agreement of the Parties with respect to the services to be provided hereunder. This
Agreement, unless provided herein to the contrary, may be modified only by written agreement
duly executed by the Parties with the same formality as this Agreement.
Emergency Medical Services
ALS First Responder Agreement
Page 35
SECTION 904. OTHER DOCUMENTS
. Each Party agrees to execute and deliver any
instruments and to perform any acts that may be necessary or reasonably requested in order to
give full effect to this Agreement.
SECTION 905. APPLICABLE LAW
. Florida Law shall govern the validity, interpretation,
construction and performance of this Agreement.
SECTION 906. WAIVER
. Unless otherwise specifically provided by the terms of this
Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement
shall impair such right or shall be construed to be a waiver thereof, but such may be exercised
from time to time and as often as may be deemed necessary. Any waiver shall be in writing and
signed by the Party granting such waiver. If any representation, warranty or covenant contained
in this Agreement is breached by either Party and thereafter waived by the other Party, such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other breach under this Agreement.
SECTION 907. SEVERABILITY
. In the event that any provision of this Agreement shall,
for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties
hereto shall negotiate in good faith and agree to such amendments, modifications, or
supplements of or to this Agreement or such other appropriate actions as shall, to the maximum
extent practicable in light of such determination, implement and give effect to the intentions of
the Parties as reflected herein.
SECTION 908. CONTRACTOR IS INDEPENDENT CONTRACTOR
SECTION 909.
. The Parties agree
that throughout the term of this Agreement, and during the performance of any obligations
hereunder, Contractor is an independent contractor in all respects and shall not be the agent,
servant, officer, or employee of the Authority or Pinellas County.
NO THIRD-PARTY BENEFICIARIES; ASSIGNMENT
. This Agreement is
not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a
party hereto, and no right, duty or obligation of the Contractor under this Agreement, shall be
assigned to any person, private association or corporation, not-for-profit corporation, or public
body without the prior written consent of the Authority.
Emergency Medical Services
ALS First Responder Agreement
Page 36
SECTION 910. HEADINGS
. Captions and headings in this Agreement are for ease of
reference and do not constitute a part of this Agreement.
SECTION 911. COUNTERPARTS
. This Agreement may be executed in more than one
counterpart, each of which shall be deemed an original.
SECTION 912. NO WAIVER OF RIGHTS UNDER SPECIAL ACT.
This Agreement, and
specifically its provisions related to the Annual Compensation, is being entered into to resolve a
dispute between the parties regarding the determination of the Annual Compensation to be paid
to Contractor by the Authority. Authority and Contractor have worked together in good faith to
reduce spending under the EMS Mill based upon the extraordinary economic times facing local
governments at present. Notwithstanding anything to the contrary contained in this Agreement,
it is the intent of Contractor and Authority that any actions or determinations taken in order to
reach agreement herein not be seen as a waiver of any rights, claims or defenses that either the
Contractor, or the Authority may have under the Special Act. Furthermore, Contractor does not
necessarily agree that the Annual Compensation provided under this Agreement constitutes
reasonable and customary cost reimbursement by the Authority as required by the Special Act,
and, by entering into this Agreement does not waive any rights, claims or defenses that
Contractor may have with regard to the determination of reasonable and customary costs in any
year not governed by this Agreement. Therefore, the Annual Compensation paid to the
Contractor pursuant to this Agreement shall not be used as evidence in any dispute regarding
the reasonable and customary costs to be reimbursed by the Authority to the Contractor.
Emergency Medical Services
ALS First Responder Agreement
Page 37
IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized
officers have caused this Agreement to be executed on this day of
, 2014.
ATTEST: PINELLAS COUNTY EMERGENCY
KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY
By and through its Board of County
Commissioners
by: by:
Deputy Clerk Chairman
APPROVED AS TO FORM:
Office of the County Attorney
Countersigned: CITY OF CLEARWATER, FLORIDA
by:
George N. Cretekos William B. Horne II
_
Mayor City Manager
Approved as to form: Attest:
________________________________ by:_______________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Emergency Medical Services
ALS First Responder Agreement
Page 38
Appendix A
ALS First Responder Units
Contractor Authority Funded Contractor Funded
Clearwater Engine 44, Rescue 45
Rescue 46, Rescue 47
Rescue 48, Rescue 49
Engine 50, Engine 51
Engine 45, Engine 46**,
Engine 47**, Engine 48
Engine 49, Squad 51
** May operate Engine 46 when
Rescue 46 is out of service for
training. May operate Engine 47
when Rescue 47 is out of service
for training.
Dunedin Engine 60, Engine 61
Engine 62
None
East Lake Engine 56, Squad 57
Engine 58
None
Gulfport Engine 17 None
Largo Engine 38, Engine 39
Engine 40, Engine 41
Rescue 41, Rescue 42
Engine 43
Squad 38, Squad 39
Truck 42
Lealman (including Tierra
Verde)
Engine 18, Rescue 19
Engine 19, Engine 21
Special Rescue 21
Madeira Beach Engine 25 None
Oldsmar Engine 54 Rescue 54 or Truck 54
Palm Harbor Engine 65, Squad 65
Engine 66, Truck 67
Engine 68
None
Pinellas Park Rescue 33, Rescue 34
Truck 35
Engine 16, Truck 33, Engine 34,
Squad 35
Pinellas Suncoast Engine 27 Squad 27
Truck 28
Safety Harbor Engine 52, Truck 53 None
St. Pete Beach Engine 22, Rescue 23 None
St. Petersburg Rescue 1, Rescue 3
Rescue 4, Rescue 5
Rescue 6, Rescue 7
Rescue 8, Rescue 9
Rescue 10, Rescue 11
Engine 12, Engine 13
Engine 14
Engine 3, Engine 4
Engine 5, Engine 6
Engine 7, Engine 8
Engine 9, Engine 10,
Engine 11
Seminole Engine 29, Squad 29
Engine 30, Engine 31
Engine 32
None
South Pasadena Rescue 20 None
Tarpon Springs Engine 69, Engine 70, Truck 71 None
Treasure Island Engine 24 None
Updated May 1, 2014
Emergency Medical Services
ALS First Responder Agreement
Page 39
Appendix B
Annual EMS First Responder Compensation
for Fiscal Years 2014-2015, 2015-2016 and 2016-2017
Annual Compensation for Fiscal Year 2014 – 2015
Contractor FY 2014 – 2015
Annual Compensation
Clearwater $5,743,906.00
Contractor’s Projected Budget for Annual Compensation for Fiscal Year 2015 – 2016
Contractor FY 2015 – 2016
Projected Budget
Clearwater $5,838,680.45
Contractor’s Projected Budget for Annual Compensation for Fiscal Year 2016 - 2017
Contractor FY 2016 – 2017
Projected Budget
Clearwater $5,935,018.68
Contractor’s Projected Capital
Fiscal Year Projected Capital
2014-2015 1 - Rescue
2015-2016 1 - Rescue
2016-2017 1 - Rescue
2017-2018 2 - Staff
2018-2019 1 - Rescue
Emergency Medical Services
ALS First Responder Agreement
Page 40
Appendix C
First Responder Contractors
City Manager City Manager
CITY OF CLEARWATER CITY OF PINELLAS PARK
112 S. Osceola Avenue P O Box 1100
Clearwater, FL 33756 Pinellas Park, FL 33780-1100
City Manager Chairman, Board of Fire Commissioners
CITY OF DUNEDIN PINELLAS SUNCOAST
P O Box 1348 FIRE & RESCUE DISTRICT
Dunedin, FL 34697 304 First Street
Indian Rocks Beach, FL 33785
Chairman, Board of Commissioners
EAST LAKE TARPON City Manager
SPECIAL FIRE CONTROL DISTRICT CITY OF SAFETY HARBOR
3375 Tarpon Lake Boulevard 750 Main Street
Palm Harbor, FL 34685 Safety Harbor, FL 34695-3597
City Manager City Manager
CITY OF GULFPORT CITY OF ST. PETE BEACH
2401 53rd Street South 155 Corey Avenue
Gulfport, FL 33707 St. Pete Beach, FL 33706-1701
City Manager City Manager
CITY OF LARGO CITY OF SEMINOLE
P O Box 296 9199 113 th Street North
Largo, FL 33779-0296 Seminole, FL 33772-2806
Chairman, Board of Commissioners City Clerk
LEALMAN CITY OF SOUTH PASADENA
SPECIAL FIRE CONTROL DISTRICT 7047 Sunset Drive South
4360 55th Avenue North South Pasadena, FL 33707-2895
St. Petersburg, FL 33714
City Manager
City Manager CITY OF TARPON SPRINGS
CITY OF MADEIRA BEACH 324 Pine Street East
300 Municipal Drive Tarpon Springs, FL 34689
Madeira Beach, FL 33708
City Manager
City Manager CITY OF TREASURE ISLAND
CITY OF OLDSMAR 120 108th Avenue
100 State Street West Treasure Island, FL 33706-4794
Oldsmar, FL 34677-3655
Chairman, Board of Commissioners
PALM HARBOR
SPECIAL FIRE CONTROL DISTRICT
250 W. Lake Road
Palm Harbor, FL 34684
Emergency Medical Services
ALS First Responder Agreement
Page 41
Appendix D
EMS Districts
The EMS District is defined as the Fire District for the following providers:
Clearwater
Dunedin
East Lake
Palm Harbor
Pinellas Suncoast Fire and
Rescue District
Safety Harbor
Seminole
South Pasadena
Tarpon Springs
The EMS District is defined as the Municipality for the following providers:
Gulfport
Madeira Beach
Oldsmar
St. Pete Beach
Treasure Island
The following EMS Districts are comprised of Multiple Fire Districts and are defined by
County Resolution as follows:
- The Largo EMS District is defined as the Largo Fire District, the Belleair Bluffs Fire District, the
Town of Belleair and the Highpoint-West Fire District.
- The Lealman EMS District is defined as the Lealman Fire District, the Town of Kenneth City,
and the Tierra Verde Fire District.
- The Pinellas Park EMS District is defined as the Pinellas Park Fire District.
- The Redington Beach EMS District comprised of the City of Redington Beach, the Town of
Redington Shores and the City of North Redington Beach are jointly served by Seminole Fire
District and the City of Madeira Beach per Resolution 10-154.
- The St. Petersburg EMS District is defined as the St. Petersburg Fire District, the Gandy Fire
District and the Highpoint-East Fire District.
NOTE: EMS Districts are fixed for the shorter term of either the existing Fire Protection
Agreement covering such area, or this ALSFR Agreement, and may be changed by the
Authority thereafter.
Emergency Medical Services
ALS First Responder Agreement
Page 42
Appendix E
On Scene Equipment Exchange Items
-Short Spinal Immobilization Devices
-Long Spinal Immobilization Devices (Adult and Pediatric)
-Traction Splints
Emergency Medical Services
ALS First Responder Agreement
Page 43
Appendix F
EMS Equipment
Provided by the Authority:
- All Medical Supplies and Equipment authorized by the Authority, except for the supplies and
equipment to be provided by Contractor pursuant to this Appendix F.
- Phillips MRx ECG Monitor/Defibrillator with the following clinical specifications: biphasic
defibrillation, Q-CPR meter, pulse oximetry, waveform capnography, pacing, 12 lead acquisition
and transmission, and non-invasive blood pressure monitoring as determined by the Medical
Control Board and Authority for all Authority Funded ALS First Responder Units to include all
patient cables, accessories, cases, battery chargers and batteries as needed.
- Phillips MRx ECG Monitor/Defibrillators in the same configuration above shall be utilized for
reserve and spare equipment. The specific quantity shall be determined by the Authority.
- The remaining Physio Control Lifepak 12s may only be used for Special Events, a Disaster or
EMS Emergency or Evacuation Shelters. After eight (8) years of useful life the remaining
Lifepak 12 equipment will no longer be used for patient care in Pinellas County.
Provided By Contractor
:
- Phillips MRx ECG Monitor/Defibrillator with the following clinical specifications: biphasic
defibrillation, Q-CPR meter, pulse oximetry, waveform capnography, pacing, 12 lead acquisition
and transmission, and non-invasive blood pressure monitoring as determined by the Medical
Control Board and Authority for all Contractor Funded ALS First Responder Units to include all
patient cables, accessories, cases, battery chargers and batteries as needed.
- Rescue equipment required by the Department
Emergency Medical Services
ALS First Responder Agreement
Page 44
APPENDIX G
Pinellas County
ALS First Responder Agreement
EMS FINANCIAL INFORMATION ATTESTATION FORM
Instructions:
In accordance with Section 706 of the 2014 ALS First Responder Agreement, funds provided by the EMS
Authority must be used solely for EMS Allowable Costs. Any unspent balance at the conclusion of a
fiscal year must be accounted for and returned to the EMS Authority. The return of any such funds will
be accomplished through a reduction to the current year funding from the EMS Authority to Contractor for
ALS First Responder Services.
The following form is provided for consistent cost reporting and shall be submitted within ten (10)
business days of Contractor’s receipt of Annual External Audit. The results of the form (line 3) and
supporting annual audit may be used to adjust the current year payments from Pinellas County to
Contractor for any surplus funding.
City or Fire District (Contractor) ____________________________________________
To be Completed by Contractor:
Name of Person Completing Form ____________________________________________
Phone Number and Email Address ____________________________________________
1. EMS Funding Received by Contractor $____________ Audit Page: ___
2. EMS Allowable Costs Incurred by Contractor $____________ Audit Page: ___
3. Difference (If excess, amount due to Pinellas County) $____________ Audit Page: ___
PLEASE INCLUDE A COPY OF ANNUAL AUDIT AND
SUPPORTING DOCUMENTATION AS NEEDED.
I certify the costs identified, in line 2 above, are related to EMS Authorized positions and units and
comply with the EMS Allowable Cost Standards contained in Pinellas County EMS Resolution 09-38. I
certify that I have reviewed payroll registers, salary and benefit actual expenditures, actual relief staffing
costs incurred to maintain continuous staffing of Authority authorized positions, and actual costs of
supervision, fuel, maintenance and repairs and other allowable costs.
________________________________________
Signature and Date, Contractor’s External Auditor
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-365
Agenda Date: 9/29/2014 Status: Approval ReviewVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Approve the Fire Protection Services Agreement between Pinellas County Fire Protection
Authority and City of Clearwater for a three-year term beginning October 1, 2014 through
September 30, 2017 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Pinellas County Fire Protection Authority is a special district created for the purpose of
providing fire protection services throughout the unincorporated areas of Pinellas County,
pursuant to Chapter 73-600, Laws of Florida.
Pinellas County has contracted with various municipalities and independent special fire
districts in the County to provide fire protection services, which include:
·response of firefighting apparatus, units and personnel to the scene of a fire, life safety
related emergency, man-made or natural disaster, or public series request;
·command and control of the emergency scene, containment of any fire and mitigation
of any hazards, including specialized rescue;
·investigation of any fire to determine the cause and origin;
·inspection of commercial, industrial and multi-family dwellings for compliance with fire
and life safety codes; and
·education of the public in fire prevention, life safety, and disaster preparedness.
In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers
that expired on September 30, 2009.
Since 2009/10, the Fire Protection Authority and the contract providers have extended the
contract for one year terms. The current agreement expires September 30, 2014. The current
proposal is for a 3-year term. The agreement may be extended for an additional two years
following the initial term upon the mutual agreement of the parties.
Through this contract, Clearwater Fire and Rescue will provide fire protection services to the
residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas
County that is located within the Clearwater Fire Control District. The City of Clearwater has
6.49 square miles of unincorporated land located within the Clearwater Fire Control District.
Pinellas County Fire Protection authority will continue to compensate Clearwater Fire and
Rescue for the fiscal year commencing October 1, 2014 under the same terms as the
previous contract. Under that contract 10.9% of the Clearwater Fire District was determined to
be unincorporated Pinellas County for 2014. Therefore, the County reimbursed the City 10.9%
of the net department budget or approximately $2.0 Million for fiscal year 2014. The
reimbursement percentage can fluctuate year to year as property values within the fire district
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-365
change.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 9/12/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2014-07012
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for
1260 Palm Street (Lot 24, Block A, Cleardun in Section 3, Township 29 South, Range 15
East) and 1283 Palm Street (Knight’s Acres Lots, Lot 17, N. 18.4ft of Lot 18 in Section 3,
Township 29 South, Range 15 East) together with the abutting rights-of-way of Palm Street
and N. Betty Lane; and pass Ordinances 8581-14, 8582-14 and 8583-14 on first reading.
(ANX2014-07012)
SUMMARY:
This voluntary annexation petition involves two parcels of land totaling 0.306 acres. One
parcel is occupied by a single -family dwelling and the other parcel is occupied by a
multi-family dwelling (3 units). The two lots are located south of Union Street, east of Douglas
Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are
requesting annexation in order to receive solid waste service from the City, and will connect to
City sewer when it is available in the future, as part of the City ’s Idlewild/The Mall
Septic-to-Sewer Project. The properties are contiguous to existing City boundaries along at
least one property boundary. The Development Review Committee is proposing that the
0.331-acres of abutting Palm Street and Betty Lane rights -of-way not currently within the City
limits also be annexed. It is proposed that the properties be assigned a Future Land Use Map
designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed annexations are
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The properties currently receive water service from the City. Collection of solid waste
will be provided to the properties by the City. The applicants will connect to the City ’s
sanitary sewer service when it is available, and are aware of the fee that must be paid
in order to connect and the financial incentives available. The properties are located
within Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services will
be provided to the properties by Station 51 located at 1720 Overbrook Avenue. The
City has adequate capacity to serve the properties with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexations will not have an adverse effect
on public facilities and their levels of service; and
·The proposed annexations are consistent with and promote the following objectives
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ANX2014-07012
and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City ’s tax base through the
annexation of a variety of land uses located within the Clearwater Planning
Area.
Policy A.7.2.3 Continue to process voluntary annexations for single -family
residential properties upon request.
·The proposed Residential Urban (RU) Future Land Use Map category is consistent
with the current Countywide Plan designation of the properties. This designation
primarily permits residential uses at a density of 7.5 units per acre. The proposed
zoning district to be assigned to the properties is the Low Medium Density Residential
(LMDR) District. The use of the subject property located at 1260 Palm Street is
consistent with the uses allowed in the district and the property exceeds the district ’s
minimum dimensional requirements. The property located at 1283 Palm Street is an
existing triplex (attached dwelling), and although the use is allowed within the Low
Medium Density Residential (LMDR) District through the Flexible Standard
Development process, the property is nonconforming with regard to density and lot
width. The provisions of Community Development Code Article 6 Nonconformity
Provisions will apply to this property once annexed into the City. The proposed
annexations are therefore consistent with the Countywide Plan and the City ’s
Comprehensive Plan and Community Development Code; and
·The properties proposed for annexation are contiguous to existing City boundaries
along at least one property boundary; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044 .
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 2 City of Clearwater Printed on 9/12/2014
Ordinance No. 8581-14
ORDINANCE NO. 8581-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF UNION STREET, EAST
OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD
(STATE ROAD 576), AND WEST OF KINGS HIGHWAY,
CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP
29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1260 PALM STREET AND 1283 PALM
STREET, TOGETHER WITH ALL ABUTTING RIGHT OF
WAY OF PALM STREET AND BETTY LANE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the
properties into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION
(ANX2014-07012)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8581-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
A NX2014 -07012
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0240 Lot 24, Block A 1260 Palm Street
The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas
County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 03-29-15-46998-000-0170 Lot 17 and North 18.4’ of Lot 18 1283 Palm Street
together with:
- all Right of Way of Palm Street and Betty Lane abutting Lot 17 and North 18.4 feet of Lot 18.
The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of
Pinellas County, Florida.
Proposed Annexation Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site: Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170 From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
60
60
60
15840 46998
A
F
A
B
C
A
14 15 16 17 18 19 20 21 22
232425262728293031
14 15 16 17 18 19 20 21 22
232425262728293031
10 11 12 13 141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1 2 3
5
6
78
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60
63
30
36
J910
11
1
1
2 3 4 5
6
7 8 9 1011 106 1071
1
DUNEDIN
UNION ST
PALM ST
BETTY LN
BERMUDA ST
12
6
5
12
6
7
12
5
5
12
5
9
12
6
3
2073
2071
2079
2081
12
7
4
12
7
8
2087
12
5
9
12
7
1
12
6
3
13
0
9
2069
12
5
4
12
4
6
12
4
2
2044
12
9
3
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
5
5
12
5
1
12
4
7
12
4
5
12
3
9
12
3
5
12
6
4
12
6
2
12
4
2
12
3
4
2060
2064
2066
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
12
4
5
12
3
9
12
3
5
12
8
2
12
7
0
12
6
6
12
6
2
12
5
6
12
5
0
12
5
3
12
8
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
12
3
7
2083
2067
2063
2065
12
5
0
12
3
1
12
7
6
12
6
8
12
5
6
12
5
0
12
3
2
12
8
3
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3
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6
0
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4
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Ordinance No. 8582-14
ORDINANCE NO. 8582-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY,
TO DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTIES LOCATED GENERALLY SOUTH OF UNION
STREET, EAST OF DOUGLAS AVENUE, NORTH OF
SUNSET POINT ROAD (STATE ROAD 576), AND WEST
OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF
SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESSES ARE 1260 PALM
STREET AND 1283 PALM STREET , TOGETHER WITH
ALL ABUTTING RIGHT OF WAY OF PALM STREET AND
BETTY LANE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN (RU);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use
Category
SEE ATTACHED EXHIBIT A FOR LEGAL Residential Urban
(RU)
(ANX2014-07012)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8581-14.
Ordinance No. 8582-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
A NX2014 -07012
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0240 Lot 24, Block A 1260 Palm Street
The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas
County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 03-29-15-46998-000-0170 Lot 17 and North 18.4’ of Lot 18 1283 Palm Street
together with:
- all Right of Way of Palm Street and Betty Lane abutting Lot 17 and North 18.4 feet of Lot 18.
The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of
Pinellas County, Florida.
Future Land Use Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170 From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
60
60
60
15840 46998
A
F
A
B
C
A
14 15 16 17 18 19 20 21 22
232425262728293031
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10 11 12 13 141516 17
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9101112
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17
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13
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DUNEDIN
RU
RU
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RU
RU
UNION ST
PALM ST
BE
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L
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BERMUDA ST
12
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7
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5
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2071
2079
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2083
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4
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7
8
2087
12
5
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1
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6
3
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0
9
2063
2069
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5
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5
0
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4
2
2044
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7
9
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1
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1
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4
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3
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6
8
12
6
4
12
6
2
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5
6
12
5
0
12
4
2
12
3
4
2060
2064
2066
12
7
9
12
7
5
12
6
7
12
5
1
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4
5
12
3
9
12
3
5
12
8
2
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7
0
12
6
6
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6
2
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5
6
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5
0
12
4
6
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4
4
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3
8
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3
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5
3
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3
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5
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7
3
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7
1
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4
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4
5
12
4
1
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3
7
12
5
5
2067
2065
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8
3
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5
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5
7
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RU
RU
ExhibitB
Ordinance No. 8583-14
ORDINANCE NO. 8583-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY SOUTH OF UNION STREET, EAST OF
DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD
(STATE ROAD 576), AND WEST OF KINGS HIGHWAY,
CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP
29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1260 PALM STREET AND 1283 PALM
STREET, TOGETHER WITH ALL ABUTTING RIGHT OF
WAY OF PALM STREET AND BETTY LANE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described properties located in Pinellas County, Florida,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
zoning atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8581-14.
Property Zoning District
SEE ATTACHED EXHIBIT A FOR LEGAL Low Medium Density Residential
(LMDR)
(ANX2013-07012)
Ordinance No. 8583-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
A NX2014 -07012
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0240 Lot 24, Block A 1260 Palm Street
The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas
County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 03-29-15-46998-000-0170 Lot 17 and North 18.4’ of Lot 18 1283 Palm Street
together with:
- all Right of Way of Palm Street and Betty Lane abutting Lot 17 and North 18.4 feet of Lot 18.
The above in KNIGHT’S ACRES subdivision, as recorded in PLAT BOOK 11, PAGE 67, of the Public Records of
Pinellas County, Florida.
Zoning Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170 From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
60
60
60
15840 46998
A
F
A
B
C
A
14 15 16 17 18 19 20 21 22
232425262728293031
14 15 16 17 18 19 20 21 22
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10 11 12 13 141516 17
1 2 3 4
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9101112
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17
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1
DUNEDIN
UNION ST
PALM ST
BETTY LN
BERMUDA ST LMDR
12
6
5
12
6
7
12
5
5
12
5
9
12
6
3
2073
2071
2079
2081
12
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7
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2087
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5
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7
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6
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0
9
2069
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2067
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LMDR
LMDR
Location Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170 From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
Aerial Photograph
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
DUNEDIN
UNION STUNIONST
PALM STPALMST
BETTY
LN
BETTY
LN
BERMUDA STBERMUDAST
-N
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Proposed Annexation Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
60
60
60
15840 46998
A
F
A
B
C
A
14 15 16 17 18 19 20 21 22
232425262728293031
14 15 16 17 18 19 20 21 22
232425262728293031
10 11 12 13 141516 17
1 2 3 4
5
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9101112
13 14 15 16
17
18
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21222324
25 26 27 28
29
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13
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30
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J910
11
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1
2 3 4 5
6
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1
DUNEDIN
UNION ST
PALM ST
BETTY
LN
BERMUDA ST
12
6
5
12
6
7
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5
5
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5
9
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6
3
2073
2071
2079
2081
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2087
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4
2
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2064
2066
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2083
2067
2063
2065
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Future Land Use Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170 From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
60
60
60
15840 46998
A
F
A
B
C
A
14 15 16 17 18 19 20 21 22
232425262728293031
14 15 16 17 18 19 20 21 22
232425262728293031
10 11 12 13 141516 17
1 2 3 4
5
6
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9101112
13 14 15 16
17
18
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21222324
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29
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13
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DUNEDIN
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RU
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PALM ST
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L
N
BERMUDA ST
12
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5
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2071
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3
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2063
2069
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2044
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2060
2064
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2067
2065
12
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RU
RU
Zoning Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
60
60
60
15840 46998
A
F
A
B
C
A
14 15 16 17 18 19 20 21 22
232425262728293031
14 15 16 17 18 19 20 21 22
232425262728293031
10 11 12 13 141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
9 10 11 12
13
14 15 16 17 18 19 20 21 22
23
24
1 2 3
5
6
78
9
10
1
2
3
4
5
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8
9
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13
14
15
16
18
60
63
30
36
J910
11
1
1
2 3 4 5
6
7 8 9 1011 106 1071
1
DUNEDIN
UNION ST
PALM ST
BETTY
LN
BERMUDA STLMDR
12
6
5
12
6
7
12
5
5
12
5
9
12
6
3
2073
2071
2079
2081
12
7
4
12
7
8
2087
12
5
9
12
7
1
12
6
3
13
0
9
2069
12
5
4
12
4
6
12
4
2
2044
12
9
3
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
5
5
12
5
1
12
4
7
12
4
5
12
3
9
12
3
5
12
6
4
12
6
2
12
3
4
2060
2064
2066
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
12
4
5
12
3
9
12
3
5
12
8
2
12
7
0
12
6
6
12
6
2
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5
6
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5
0
12
5
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LMDR
LMDR
Existing Surrounding Uses Map
Owner MULTIPLE OWNERS Case: ANX2014-07012
Site:
Idlewild Septic-to-Sewer Project Area: Two lots south of
Union Street, east of Douglas Avenue, north of Sunset
Point Road (SR 576), and west of Kings Highway
Total Property Size:
Total ROW Size:
0.307
0.331
Land Use Zoning
PIN: 03-29-15-15840-001-0240
03-29-15-46998-000-0170From:
To:
RU (County) R-4 (County)
RU (City) LMDR (City) Atlas Page: 251B
60
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15840 46998
A
F
A
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A
14 15 16 17 18 19 20 21 22
232425262728293031
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232425262728293031
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Single Family Residential
Single Family Residential
Multi-Family
Residential
Single Family Residential
View looking north at the subject property, 1260 Palm StreetWest of the subject property
East of the subject propertyAcross the street, to the south of the subject
property
ANX2014-07012
USHH 8, Fuerst
1260 Palm Street
View looking westerly along Palm Street View looking easterly along Palm Street
View looking south at the subject property, 1283 Palm StreetWest of the subject property
East of the subject propertyAcross the street, to the north of the subject
property
ANX2014-07012
USHH 8, Fuerst
1283 Palm Street
View looking westerly along Palm Street View looking easterly along Palm Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2014-07010
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and
Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1710
Calumet Street (Metes and Bounds Tract 34/271 in Section 01, Township 29 South, Range 15
East) along with the ingress/egress easement of Calumet Street; and pass Ordinances
8588-14, 8589-14 and 8590-14 on first reading. (ANX2014-07010)
SUMMARY:
This voluntary annexation petition involves a 1.5 acre property consisting of one parcel of land
occupied by a light manufacturing facility. It is located on the south side of Calumet Street,
approximately 1,140 feet west of Hercules Avenue. The applicant, Instrument Transformers,
will demolish the existing structures on this site in order to provide parking for their existing
facilities, which were previously annexed into the City. They are requesting solid waste service
from the City upon annexation. The property is located within an enclave and is contiguous to
existing City boundaries to the north and east. It is proposed that the property be assigned a
Future Land Use Plan designation of Industrial General (IG) and a zoning category of
Industrial, Research and Technology (IRT).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Community Development Code Section 4-604.E as follows:
·The property currently receives water service from Pinellas County. Sewer is not
readily available for this site, but it is not needed for the proposed parking use. The
applicant is aware of the additional costs to extend City sewer service to this property if
it is desired in the future. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station 48 located at
1700 N. Belcher Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will
not have an adverse effect on public facilities and their levels of service; and
·The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City ’s tax base through the
annexation of a variety of land uses located within the Clearwater Planning
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ANX2014-07010
Area.
·The proposed IG Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits light
and/or heavy manufacturing, wholesale, warehouse, research /development and
vehicular salvage. The proposed zoning district to be assigned to the property is the
Industrial, Research and Technology (IRT) District. The use of the subject property is
consistent with the uses allowed in the District. The parcel exceeds the District ’s
minimum lot area requirement and meets the District ’s lot width through the Flexible
Standard Development requirements. The proposed annexation is therefore consistent
with the Countywide Plan and the City ’s Comprehensive Plan and Community
Development Code; and
·The property proposed for annexation is contiguous to existing City boundaries to the
north and east; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 9/12/2014
Ordinance No. 8588-14
ORDINANCE NO. 8588-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF CALUMET STREET,
APPROXIMATELY 2,300 FEET SOUTH OF SUNSET POINT
ROAD, CONSISTING OF METES & BOUNDS TRACT 34/271
IN SECTION 01 TOWNSHIP 29 S, RANGE 15 E, WHOSE
POST OFFICE ADDRESS IS 1710 CALUMET STREET,
CLEARWATER, FLORIDA 33765, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Commence at the South 1/4 (the Southeast corner of the Southwest 1/4) of Section 1,
Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89°21'54"
West, 50.01 feet, along the South boundary of said Section 1, to a point on the West
right-of-way line of Hercules Avenue; thence South 00°18'13" West, 171.55 feet, along
said West right-of-way line to a point on the Northerly right-of-way line of the Seaboard
System Railroad right-of-way; thence North 72°54'38" West, 1139.02 Feet along said
Northerly right-of-way line, to the Point of Beginning; thence North 72°54'38" West,
224.36 feet, along the aforementioned Northerly right-of-way line; thence North
00°09'52" West, 297.58 feet; thence South 89°28'38" East, 189.97 feet; thence South
00°12'55" East, 60.00 feet; thence South 04°45'32" East, 302.82 feet, to the Point of
Beginning.
(ANX2014-07010)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
2 Ordinance No. 8588-14
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
Proposed Annexation Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
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70164
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34/16
34/17
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34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
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(001)
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Ordinance No. 8589-14
ORDINANCE NO. 8589-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY,
TO DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE WEST SIDE OF CALUMET
STREET, APPROXIMATELY 2,300 FEET SOUTH OF
SUNSET POINT ROAD, CONSISTING OF METES &
BOUNDS TRACT 34/271 IN SECTION 01 TOWNSHIP 29 S,
RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1710
CALUMET STREET, CLEARWATER, FLORIDA 33765,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS INDUSTRIAL GENERAL (IG); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Commence at the South 1/4 (the Southeast
corner of the Southwest 1/4) of Section 1,
Township 29 South, Range 15 East,
Pinellas County, Florida, and go North
89°21'54" West, 50.01 feet, along the
South boundary of said Section 1, to a
point on the West right-of-way line of
Hercules Avenue; thence South 00°18'13"
West, 171.55 feet, along said West right-of-
way line to a point on the Northerly right-of-
way line of the Seaboard System Railroad
right-of-way; thence North 72°54'38" West,
1139.02 Feet along said Northerly right-of-
way line, to the Point of Beginning; thence
North 72°54'38" West, 224.36 feet, along
the aforementioned Northerly right-of-way
line; thence North 00°09'52" West, 297.58
feet; thence South 89°28'38" East, 189.97
feet; thence South 00°12'55" East, 60.00
feet; thence South 04°45'32" East, 302.82
feet, to the Point of Beginning.
Industrial General
(IG)
2 Ordinance No. 8589-14
(ANX2014-07010)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8588-14.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
Future Land Use Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
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RAILROAD
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01260
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70164
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34/16
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34/24
34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
60
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1821
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1770
1780
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1770
1760
1670
1741
1739
1760 1761
1770
1780
1771
1791
1805
1855
1850
1840
1830
1801
1833
1783
1782 1944
1949
1801
1770
1750
1784
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1700
1945
1975
1524
1907
1791
15
16
16
1965
1967
1975
1943
1955
1959
1985
1989
1979
1995
1928
1936
1944
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1982
1988
1680
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183
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1786
1810
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1730
1710
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1783
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1710
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IG
Ordinance No. 8590-14
ORDINANCE NO. 8590-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF CALUMET STREET,
APPROXIMATELY 2,300 FEET SOUTH OF SUNSET
POINT ROAD, CONSISTING OF METES & BOUNDS
TRACT 34/271 IN SECTION 01 TOWNSHIP 29 S, RANGE
15 E, WHOSE POST OFFICE ADDRESS IS 1710 CALUMET
STREET, CLEARWATER, FLORIDA 33765, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
INDUSTRIAL RESEARCH AND TECHNOLOGY (IRT);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Industrial Research and
Technology (IRT)
Commence at the South 1/4 (the Southeast
corner of the Southwest 1/4) of Section 1,
Township 29 South, Range 15 East,
Pinellas County, Florida, and go North
89°21'54" West, 50.01 feet, along the
South boundary of said Section 1, to a
point on the West right-of-way line of
Hercules Avenue; thence South 00°18'13"
West, 171.55 feet, along said West right-of-
way line to a point on the Northerly right-of-
way line of the Seaboard System Railroad
right-of-way; thence North 72°54'38" West,
1139.02 Feet along said Northerly right-of-
way line, to the Point of Beginning; thence
North 72°54'38" West, 224.36 feet, along
the aforementioned Northerly right-of-way
line; thence North 00°09'52" West, 297.58
feet; thence South 89°28'38" East, 189.97
feet; thence South 00°12'55" East, 60.00
feet; thence South 04°45'32" East, 302.82
feet, to the Point of Beginning.
(ANX2014-07010)
2 Ordinance No. 8590-14
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8588-14.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
Zoning Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
60
60
60
60
60
60
60
83
60
60
33
50
100
15
15
15
15
100
83
100
15
50
50
SEABOARD
COASTLINE
RAILROAD
100
100
100
100
60
60
01260
70164
70164
9
15 16
25 26
27
28
26 25
24
23
22 19
18
17
16
15
14
1312
11
10
98
7
6
54
3
2
1
5
4
34/010
34/0534/0634/1034/1234/13
34/16
34/17
34/18
34/24
34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
60
60
60
50
60
100
5
4
3
2
50
60
60
72.8
21
2
26 50
60
45
45
60
75
60
60
100
60
60
60
60
55
50
SEABOARD
100
70182
38250
(001)
8 7
10 9
6 5
11 12
1 234 5 6 7 8 9 10
20 1918 17 16 1514 13 12 11
22 23 24 25 26 27 28 29 30
4
3
2
1
TRACT A
21
(001)
5 4
8 9
6
12
1415
A C(C)
A C(C)
A C
3
1
1
2
1
2
3
12
1
2
1
1
1
A C(C)
A C
N KEENE RD
N HERCULES AVE
CALUMET ST
SHERWOOD ST
GREENLEA DR
ARCUTRAS AVE
BRAXTON BR
AGG LN
SHERWOOD ST
I
IRT
IRT
I
OS/R
I
1553
19
3
9
1426
1600
1680
1698
1610
1907
1788
1790
1798
1850
19
2
0
19
1
6
19
2
5
19
3
7
1909
1905
1640
19
2
0
19
0
1
1640
1650
1650
1701
1912
1910
1782
1914
1780
1821
1831
1820
1830
1781
1751
1771
1750
1770
1780
1750
1770
1760
1670
1741
1739
1760 1761
1770
1780
1771
1781
1791
1805
1855
1850
1840
1830
1801
1807
1817
1833
1783
1782 1944
1949
1801
1770
1750
1784
1780
1700
1945
1975
1524
1907
1791
1739Well
15
16
16
1965
1967
1975
1943
1955
1959
1985
1989
1979
1995
1928
1936
1944
1948
1984
1974
1982
1988
183
17
1786
1810
1903
1351
1555
1730
1710
1908
1904
1897
1740
00
54
42
48
36
60
30
66
1783
1784
06
24
1715
1980
1950
1740
1955
1965
1410 142
1710
16
1783
1525
1737
184
1792
17
17
180
-N
o
t
t
o
S
c
a
l
e
-
-N
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u
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet Street 1710
ANX2014-07010\Maps\Location ANX2014-07010.docx
Location Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
^
PROJECT
SITE
-N
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet Street 1710
ANX2014-07010\Maps\Aerial ANX2014-07010.docx
Aerial Photograph
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
N KEENE RD
N KEENE RD
N HERCUL
ES AVE
N HERCULES AVE CALUMET ST CALUMET ST
SHERWOOD ST SHERWOOD ST
GREENLEA DR GREENLEA DR
ARCUTRAS AVE
ARCUTRAS AVE
BRAXTON BRAGG LN
BRAXTON BRAGG LN
KE
N
E
S
A
W
L
N
KE
N
E
S
A
W
L
N
SHERWOOD ST SHERWOOD ST
-N
o
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet Street 1710
ANX2014-07010\Maps\Proposed ANX2014-07010.docx
Proposed Annexation Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
60
60
60
60
60
60
60
83
60
60
33
50
100
15
15
15
15
100
83
100
15
50
50
SEABOARD
COASTLINE
RAILROAD
100
100
100
100
60
60
01260
70164
70164
9
15 16
25 26
27
28
26 25
24
23
22 19
18
17
16
15
14
1312
11
10
98
7
6
54
3
2
1
5
4
34/010
34/0534/0634/1034/1234/13
34/16
34/17
34/18
34/24
34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
60
60
60
50
60
100
5
4
3
2
50
60
60
72.8
21
2
26 50
60
45
45
60
75
60
60
100
60
60
60
60
55
50
SEABOARD
100
70182
38250
(001)
8 7
10 9
6 5
11 12
1 234 5 6 7 8 9 10
20 1918 17 16 1514 13 12 11
22 23 24 25 26 27 28 29 30
4
3
2
1
TRACT A
21
(001)
5 4
8 9
6
12
1415
A C(C)
A C(C)
A C
3
1
1
2
1
2
3
12
1
2
1
1
1
A C(C)
A C
N KEENE RD
N HERCULES AVE
CALUMET ST
SHERWOOD ST
GREENLEA DR
ARCUTRAS AVE
BRAXTON BR
AGG LN
SHERWOOD ST
1553
19
3
9
1426
1600
1680
1698
1610
1907
1788
1790
1798
1850
19
2
0
19
1
6
19
2
5
19
3
7
1909
1905
1903
1640
19
2
0
19
0
1
1640
1650
1650
1701
1912
1910
1782
1914
1780
1897
1821
1831
1820
1830
1781
1751
1771
1750
1770
1780
1750
1770
1760
1670
1741
1739
1760 1761
1770
1780
1771
1781
1791
1805
1855
1850
1840
1830
1801
1807
1817
1833
1783
1782 1944
1949
1801
1770
1750
1784
1780
1700
1945
1975
1783
1524
1907
1791
1739Well
15
16
16
1965
1967
1975
1943
1955
1959
1985
1989
1979
1995
1928
1936
1944
1948
1984
1974
1982
1988
183
17
1786
1810
1351
1555
1730
1710
1908
1904
1740
00
54
42
48
36
60
30
66
1783
1784
06
24
1715
1980
1950
1740
1955
1965
1410 142
1710
16
1525
1737
184
1792
17
17
180
-N
o
t
t
o
S
c
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l
e
-
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet Street 1710
ANX2014-07010\Maps\FLU ANX2014-07010.docx
Future Land Use Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
60
60
60
60
60
60
60
83
60
60
33
50
100
15
15
15
15
100
83
100
15
50
50
SEABOARD
COASTLINE
RAILROAD
100
100
100
100
60
60
01260
70164
70164
9
15 16
25 26
27
28
26 25
24
23
22 19
18
17
16
15
14
1312
11
10
98
7
6
54
3
2
1
5
4
34/010
34/0534/0634/1034/1234/13
34/16
34/17
34/18
34/24
34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
60
60
60
50
60
100
5
4
3
2
50
60
60
72.8
21
2
26 50
60
45
45
60
75
60
60
100
60
60
60
60
55
50
SEABOARD
100
70182
38250
(001)
8 7
10 9
6 5
11 12
1 234 5 6 7 8 9 10
20 1918 17 16 1514 13 12 11
22 23 24 25 26 27 28 29 30
4
3
2
1
TRACT A
21
(001)
5 4
8 9
6
12
1415
A C(C)
A C(C)
A C
3
1
1
2
1
2
3
12
1
2
1
1
1
A C(C)
A C
IG
IG
RS
IL
I
IL
IL
P
T/U
IG
RS
IL
IL
R/OS
IL
CG
I
IL
R/OS
N KEENE RD
N HERCULES AVE
CALUMET ST
SHERWOOD ST
GREENLEA DR
ARCUTRAS AVE
BRAXTON BR
AGG LN
1553
19
3
9
1426
1600
1698
1907
1788
1790
1798
1850
19
2
0
19
1
6
19
2
5
19
3
7
1909
1905
1903
1640
19
2
0
1640
1650
1650
1701
1912
1910
1782
1914
1780
1897
1821
1831
1820
1830
1781
1751
1771
1750
1770
1780
1750
1770
1760
1670
1741
1739
1760 1761
1770
1780
1771
1791
1805
1855
1850
1840
1830
1801
1833
1783
1782 1944
1949
1801
1770
1750
1784
1780
1700
1945
1975
1524
1907
1791
15
16
16
1965
1967
1975
1943
1955
1959
1985
1989
1979
1995
1928
1936
1944
1948
1984
1974
1982
1988
1680
1610
183
17
1786
1810
1351
1901
1555
1730
1710
1908
1904
1740
1781
1807
1817
00
54
42
48
36
60
30
66
1783
1784
06
24
1715
1980
1950
1740
1955
1965
1410 142
1710
16
1783
1525
1737
184
1792
17
17
180
1739Well
-N
o
t
t
o
S
c
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l
e
-
-N
o
t
a
S
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet Street 1710
ANX2014-07010\Maps\Zoning Map ANX2014-07010.docx
Zoning Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
60
60
60
60
60
60
60
83
60
60
33
50
100
15
15
15
15
100
83
100
15
50
50
SEABOARD
COASTLINE
RAILROAD
100
100
100
100
60
60
01260
70164
70164
9
15 16
25 26
27
28
26 25
24
23
22 19
18
17
16
15
14
1312
11
10
98
7
6
54
3
2
1
5
4
34/010
34/0534/0634/1034/1234/13
34/16
34/17
34/18
34/24
34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
60
60
60
50
60
100
5
4
3
2
50
60
60
72.8
21
2
26 50
60
45
45
60
75
60
60
100
60
60
60
60
55
50
SEABOARD
100
70182
38250
(001)
8 7
10 9
6 5
11 12
1 234 5 6 7 8 9 10
20 1918 17 16 1514 13 12 11
22 23 24 25 26 27 28 29 30
4
3
2
1
TRACT A
21
(001)
5 4
8 9
6
12
1415
A C(C)
A C(C)
A C
3
1
1
2
1
2
3
12
1
2
1
1
1
A C(C)
A C
N KEENE RD
N HERCULES AVE
CALUMET ST
SHERWOOD ST
GREENLEA DR
ARCUTRAS AVE
BRAXTON BR
AGG LN
SHERWOOD ST
I
IRT
IRT
I
OS/R
I
1553
19
3
9
1426
1600
1680
1698
1610
1907
1788
1790
1798
1850
19
2
0
19
1
6
19
2
5
19
3
7
1909
1905
1640
19
2
0
19
0
1
1640
1650
1650
1701
1912
1910
1782
1914
1780
1821
1831
1820
1830
1781
1751
1771
1750
1770
1780
1750
1770
1760
1670
1741
1739
1760 1761
1770
1780
1771
1781
1791
1805
1855
1850
1840
1830
1801
1807
1817
1833
1783
1782 1944
1949
1801
1770
1750
1784
1780
1700
1945
1975
1524
1907
1791
1739Well
15
16
16
1965
1967
1975
1943
1955
1959
1985
1989
1979
1995
1928
1936
1944
1948
1984
1974
1982
1988
183
17
1786
1810
1903
1351
1555
1730
1710
1908
1904
1897
1740
00
54
42
48
36
60
30
66
1783
1784
06
24
1715
1980
1950
1740
1955
1965
1410 142
1710
16
1783
1525
1737
184
1792
17
17
180
-N
o
t
t
o
S
c
a
l
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-
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet Street 1710
ANX2014-07010\Maps\Existing Uses ANX2014-07010.docx
Existing Surrounding Uses Map
Owner: Instrument Transformers, Inc. Case: ANX2014-07010
Site: 1710 Calumet Street Property
Size (Acres): 1.5 acres
Land Use Zoning
PIN: 01-29-15-00000-340-2710
From :
To:
IG M-2
IG IRT
Atlas Page: 262A
60
60
60
60
60
60
60
83
60
60
33
50
100
15
15
15
15
100
83
100
15
50
50
SEABOARD
COASTLINE
RAILROAD
100
100
100
100
60
60
01260
70164
70164
9
15 16
25 26
27
28
26 25
24
23
22 19
18
17
16
15
14
1312
11
10
98
7
6
54
3
2
1
5
4
34/010
34/0534/0634/1034/1234/13
34/16
34/17
34/18
34/24
34/25
34/15
34/11 34/09
34/08
34/07
34/04
34/02
34/03
34/30
34/31
34/33
17.74
1.10
34/14
34/36
2.65
34/181
34/351
1.26
34/271
1.50
34/251
NOTE: SUB #70164 DOES NOT FOLLOW STANDARDIZED PARCEL FORMAT
LOT FIELD HAS BEEN SHIFTED TO LEFT 1 SPACE
60
60
60
50
60
100
5
4
3
2
50
60
60
72.8
21
2
26 50
60
45
45
60
75
60
60
100
60
60
60
60
55
50
SEABOARD
100
70182
38250
(001)
8 7
10 9
6 5
11 12
1 234 5 6 7 8 9 10
20 1918 17 16 1514 13 12 11
22 23 24 25 26 27 28 29 30
4
3
2
1
TRACT A
21
(001)
5 4
8 9
6
12
1415
A C(C)
A C(C)
A C
3
1
1
2
1
2
3
12
1
2
1
1
1
A C(C)
A C
N KEENE RD
N HERCULES AVE
CALUMET ST
SHERWOOD ST
GREENLEA DR
ARCUTRAS AVE
BRAXTON BR
AGG LN
SHERWOOD ST
1553
19
3
9
1426
1600
1680
1698
1610
1907
1788
1790
1798
1850
19
2
0
19
1
6
19
2
5
19
3
7
1909
1905
1903
1640
19
2
0
19
0
1
1640
1650
1650
1701
1912
1910
1782
1914
1780
1897
1821
1831
1820
1830
1781
1751
1771
1750
1770
1780
1750
1770
1760
1670
1741
1739
1760 1761
1770
1780
1771
1781
1791
1805
1855
1850
1840
1830
1801
1807
1817
1833
1783
1782 1944
1949
1801
1770
1750
1784
1780
1700
1945
1975
1783
1524
1907
1791
1739Well
15
16
16
1965
1967
1975
1943
1955
1959
1985
1989
1979
1995
1928
1936
1944
1948
1984
1974
1982
1988
183
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View looking south at the subject property, 1710 Calumet StEast of the subject property
North of the subject propertyWest of the subject property
Looking westerly along Calumet Street Looking easterly along Calumet Streetgyggyg
ANX2014-07010
Instrument Transformers, Inc.
1710 Calumet Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-488
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Approve a Development Agreement between Mainstream Partners VIII, LTD (the property
owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design; adopt Resolution 14-25, and authorize the
appropriate officials to execute same. (HDA2013-08006)
SUMMARY:
Development Proposal:
No changes have been made to the Development Proposal, Agreement, Conceptual Site Plan
or Conceptual Elevations presented at the September 4, 2014 Council meeting.
The owners propose to utilize the otherwise permitted density of 50 units per acre or 66 units
and incorporate an additional 100 units from the Hotel Density Reserve through Beach by
Design resulting in a total of 166 units (126 units per acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the September 4, 2014
Council meeting. The Conceptual Site Plan continues to appear to be consistent with the
CDC with regard to:
§Minimum Lot Area and Width
§Minimum Setbacks
§Maximum Height
§Minimum Off-Street Parking
§Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the September 4, 2014
Council meeting. The Conceptual Site Plan continues to appear to be consistent with the
Beach by Design with regard to:
§Design Guidelines
§Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Beach by Design. The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-488
Reserve under Beach by Design and includes the following main provisions:
§Provides for the allocation of up to 100 units from the Hotel Density Reserve or a
maximum density of 126 units per acre;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will
be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and /or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
The Planning and Development Department is recommending approval of this Development
Agreement for the allocation of up to 100 units from the Hotel Density Reserve under Beach
by Design.
Page 2 City of Clearwater Printed on 9/12/2014
HDA2013-08006 405 Coronado Dr. (PARCEL C)
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("AGREEMENT") is dated the _______ day of _______________, 2014, and entered into
between MAINSTREAM PARTNERS VIII, LTD., ("Developer"), its successors and
assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the
State of Florida acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 1.32 acres of real property ("Property") in the
corporate limits of the City, more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, the Developer desires to develop the Property by demolishing
existing hotel rooms and other uses in order to construct One Hundred Sixty-Six (166)
overnight accommodation units, meeting space for guest use, pool, new lobby and parking
with a minimum of 199 parking spaces (1.2 spaces/unit), generally conforming to the
architectural elevation dimensions shown in composite Exhibit “B” (collectively, the
improvements are the Project); and
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
WHEREAS, upon completion the planned hotel will contain 166 overnight
accommodation units, which includes 100 units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
, 2014, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
and is zoned Tourist (T).
3.2. The Property is owned in fee simple or under contract to be owned in fee
simple by the Developer.
3.3 The Property is generally located at 405 Coronado Drive, Clearwater, FL
33767, as further described in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Project shall consist of 166 overnight accommodation units. Of the
166 overnight accommodation units, 100 units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 199 parking spaces (1.2 spaces
per unit), as defined in the Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design.
4.4 The density of the Project shall be 126 units per acre. In no instance shall
the density of a parcel of land exceed 150 units per acre. The height of the Project shall be
100 feet measured from Base Flood Elevation, as defined in the Code. The maximum
building heights of the various character districts cannot be increased to accommodate
hotel rooms allocated from the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes
Section 163.3239 and Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
Property:
6.1.3 The following restrictions shall apply to development of the
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". Any modifications determined by the Community Development
Coordinator as either inconsistent with attached Exhibit “B” or
constituting a substantial deviation from attached Exhibit “B” shall
require an amendment to this Agreement in accordance with the procedures
of the Act and the Code, as necessary and applicable. Any and all such
approved and adopted amendments shall be recorded in the public records
of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement in accordance with the
provisions of the Code, and shall then obtain appropriate permits and
certificates of occupancy in accordance with the provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approval or other development orders pursuant to the Code or state
law. In the event that work is not commenced pursuant to issued permits,
or certificates of occupancy are not timely issued, the City may deny future
development approvals and/or certificates of occupancy for the Project,
and may terminate this Agreement in accordance with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part
of the hotel use. There shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to all units must be
provided through a lobby and internal corridor. All units shall be available to the
public for overnight transient hotel occupancy at all times through the required hotel
reservation system. Occupancy in the hotel is limited to a term of less than one (1)
month or thirty-one (31) consecutive days, whichever is less. No unit in the hotel
shall be used as a primary or permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as
that term is used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these
regulations as allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to
comply with the Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or
after 12:00 a.m., midnight, on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan
and the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in
Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes,
as they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is
filed, at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive
100 units from the Hotel Density Reserve as defined in Beach by Design,
contingent upon the provisions of Section 6.1.5.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
6
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall
be responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall
be responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer
at the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning
Organization’s [MPO] or its successor’s countywide approach to the application of
concurrency management for transportation facilities, and the transportation analysis
conducted for the Project shall include the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads
as established by the MPO;
• Utilization of proportional fair-share requirements consistent with
Florida
Statutes and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of “Constrained Facilities” as set forth
in the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified
in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate
of occupancy.
7.7 Developer agrees to provide a cashier’s check, a payment and
performance bond, or letter of credit in the amount of 115% of the estimated
costs of the public facilities and services, to be deposited with the City to secure
construction of any new public facilities and services required to be constructed by this
Agreement. Such construction shall be completed prior to issuance of a Certificate
of Occupancy for the Project.
SECTION 8. Required Local Government Approvals. The required
local government development approvals for development of the Property include,
without limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-
of- way utilization permits;
8.2 Construction plan approval(s);
7
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of
the Property is consistent with the terms of this Agreement and is consistent with the
City Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the
City Manager, after notice to the Developer and an opportunity to be heard, existing
permits shall be administratively suspended and issuance of new permits suspended
until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations
may serve as a basis for termination of this Agreement by the City, at the discretion
of the City and after notice to the Developer and an opportunity for the Developer to be
heard.
SECTION 11. Other Terms and Conditions. Except in the case of
termination, until ten (10) years after the date of this Agreement, the City may apply
laws and policies adopted subsequently to the Effective Date of this Agreement if the
City has held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land
uses, intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and
expressly state that they shall apply to a development that is subject
to a development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this
Agreement; or
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to
address any particular permit, condition, term or restriction shall not relieve the
Developer from the necessity of complying with the law governing such permitting
requirements, conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the Developer: Mainstream Partners VIII, LTD.
8
10165 NW 19th
Street
Miami, FL 33172-
2529
With Copy to: Mr. Antonio Fernandez
Mainstream Partners VIII, LTD.
2552 22nd Ave.
St. Petersburg, FL
33713
If to City: City of Clearwater, City Attorney
ATTN: City Manager,
112 South Osceola
Avenue
Clearwater, FL
33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after
deposit with an overnight courier service for next day delivery, or on the third (3rd) day
following deposit in the United States mail, certified mail, return receipt requested. The
parties may change the addresses set forth above (including the addition of a mortgagee
to receive copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignment
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell,
convey, assign or otherwise dispose of any or all of its right, title, interest and
obligations in and to the Project, or any part thereof, only with the prior written
notice to the City, provided that such party (hereinafter referred to as the
"assignee"), to the extent of the sale, conveyance, assignment or other
disposition by the Developer to the assignee, shall be bound by the terms of this
Agreement the same as the Developer for such part of the Project as is subject to
such sale, conveyance, assignment or other disposition.
14.1.2 If the assignee of the Developer’s right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer’s
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the
Developer to any corporation, limited partnership, limited liability company,
9
general partnership, or joint venture, in which the Developer (or an entity under
common control with Developer) has either the controlling interest or
through a joint venture or other arrangement shares equal management rights
and maintains such controlling interest or equal management rights shall not be
deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Agreement, provided, however, that
notice of such assignment shall be given by the Developer to the City not less
than thirty (30) days prior to such assignment being effective and the assignee
shall be bound by the terms of this Agreement to the same extent as would the
Developer in the absence of such assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part
of the Developer's rights and obligations with respect to any one Parcel shall in
any way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure
to the benefit of the City, and its successors and assigns, and the Developer and,
as applicable to the parties comprising Developer, their personal representatives,
trustees, heirs, successors and assigns, except as may otherwise be specifically provided
herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed
to have failed to comply with the terms of this Agreement in the event such
noncompliance, in the judgment of the City Manager, reasonably exercised, is
of a minor or inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance
of the provisions of this Agreement and in achieving the completion of development of
the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under
or contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of
performance of this Agreement or its revocation or termination, a statement
evidencing such completion, revocation or termination shall be signed by the parties
hereto and recorded in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as
10
if such Exhibits were set forth in full in the body of this Agreement), constitutes the
entire agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section,
subsection or provision of this Agreement. Whenever the context requires or permits,
the singular shall include the plural, and plural shall include the singular and any
reference in this Agreement to the Developer includes the Developer's successors or
assigns. This Agreement was the production of negotiations between representatives
for the City and the Developer and the language of the Agreement should be given its
plain and ordinary meaning and should not be strictly construed against any party
hereto based upon draftsmanship. If any term or provision of this Agreement is
susceptible to more than one interpretation, one or more of which render it valid and
enforceable, and one or more of which would render it invalid or unenforceable, such
term or provision shall be construed in a manner that would render it valid and
enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement
or the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this Agreement, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby and shall with the remainder of this Agreement continue
unmodified and in full force and effect. Notwithstanding the foregoing, if such
responsibilities of any party hereto, to the extent that the purpose of this Agreement or
the benefits sought to be received hereunder are frustrated, such party shall have the
right to terminate this Agreement upon fifteen (15) days written notice to the other
parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and
codes of the City which are of general application not governing the development of
land shall be applicable to the Property, and such modifications are specifically
anticipated in this Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in
counterparts, all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement
the date and year first above written.
11
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY,
INC., it Managing Member
________________________________ By: ________________________________
Print Name_______________________ Edward W. Easton, President
_________________________________
Print Name________________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By:
Print Name: ______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Rosemarie Call, CMC, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
__________________________________
Assistant City Attorney
12
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this ___ day of
_____________, 2014, by Edward W. Easton, as President of Edward W. Easton &
Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a
Florida limited liability company, as General Partner of Mainstream Partners VIII, LTD a
Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known
to me or has [ ] produced _____________________________ as identification.
_________________________________
Print: ____________________________
Notary Public – State of Florida
My Commission Expires:
13
EXHIBIT “A”
PROJECT LEGAL DESCRIPTION
Parcel 5: Lot 1, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida
Parcel 6: Lots 11 and 12, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida; also,
beginning at the intersection of the high water mark of the Gulf of Mexico and the East and
West center line of Section 8, Township 29 South, Range 15 East; and run thence East
along the East and West Center line of said Section 8, 164.38 feet; thence South 1,573.94
feet; thence South 77°25'30" East, 280 feet for a point of beginning; thence South
77°25'30" East, 10 feet; thence South 12°34'30" West, 50.87 feet; Thence North 77°25'30"
West, 10 feet; Thence North 12°34'30" East, 50.87 feet to a point of beginning, otherwise
described as Lot 1-A of Columbia Subdivision No. 5, According to the plat thereof as
recorded in Plat Book 31, page 16, of the Public Records of Pinellas County, Florida.
Parcel 7: Lot 2, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 8: Parcel 5: Lots 5 and 6, Columbia Subdivision No. 4, According to the plat thereof
as recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 9: Lots 3 and 4, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Containing 1.32 Acres, more or less.
14
EXHIBIT “B”
Conceptual Site Plans and Elevations
15
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the day of , 2014, by MAINSTREAM PARTNERS
VIII, LTD., a Florida limited liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2014, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
16
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the hotel on the Real Property is restricted as follows:
2.1.1 166 units, 100 of which are units allocated to Developer from the
Hotel Density Reserve, shall be used solely for transient occupancy of
one month or thirty-one (31) consecutive days or less, must be licensed as a
public lodging establishment and classified as a hotel, and must be operated
by a single licensed operator of the hotel. No unit shall be used as a
primary or permanent residence. Access to the units must be provided
through a lobby and internal corridor. A reservation system shall be
required as an integral part of the hotel use and there shall be a lobby/front
desk area that must be operated as a typical lobby/front desk area for a
hotel would be operated. All units shall be required to be submitted to a
rental program requiring the units to be available for members of the public
as overnight hotel guests on a transient basis at all times. No unit shall
have a complete kitchen facility as that term is used in the definition of
“dwelling unit” in the Code. Developer shall make available for inspection
to authorized representatives of the City its books and records
pertaining to each unit upon reasonable notice to confirm compliance with
these regulations as allowed by general law. The Developer agrees to
comply with the Design Guidelines as set forth in Section VII of Beach by
Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to
such terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project ("Project") and Developer's commencement of construction of the
Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and
terminate automatically if and when the allocation of Reserve Units to the Developer expires or is
terminated.
4 Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real Property
with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is
necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief,
whether by agreement of the parties or through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent to be
invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ___
day of ______________, 2014.
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY, INC.,
its Managing Member
________________________________ By: ________________________________
Print Name_______________________ Edward W. Easton, President
_________________________________
Print Name________________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By:
Print Name: ______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Rosemarie Call, CMC, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
__________________________________
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this ___ day of _____________,
2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida
corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as
General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the
aforesaid entities. He is [ ] personally known to me.
Print:
Notary Public – State of Florida
My Commission Expires:
SCHEDULE A
Parcel 5: Lot 1, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida
Parcel 6: Lots 11 and 12, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida; also, beginning at the
intersection of the high water mark of the Gulf of Mexico and the East and West center line of
Section 8, Township 29 South, Range 15 East; and run thence East along the East and West
Center line of said Section 8, 164.38 feet; thence South 1,573.94 feet; thence South 77°25'30"
East, 280 feet for a point of beginning; thence South 77°25'30" East, 10 feet; thence South
12°34'30" West, 50.87 feet; Thence North 77°25'30" West, 10 feet; Thence North 12°34'30" East,
50.87 feet to a point of beginning, otherwise described as Lot 1-A of Columbia Subdivision No. 5,
According to the plat thereof as recorded in Plat Book 31, page 16, of the Public Records of
Pinellas County, Florida.
Parcel 7: Lot 2, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 8: Parcel 5: Lots 5 and 6, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 9: Lots 3 and 4, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Containing 1.32 Acres, more or less.
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this ____ day of _______,
2014, by (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain
Hotel Density Reserve Development Agreement dated the ____ day of _________, 2014
("Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the
Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer
does hereby agree that, effective as of the date on which Developer receives all permits required to
construct the Project and Developer commences construction thereof, as evidenced by a Notice of
Commencement for the Project, the Real Property shall be developed and operated as a limited-service
hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall
expire automatically when and if Developer's allocation of additional hotel units (as defined in the
Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the
Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to
the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the
City shall have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____
day of ______________, 2014.
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY, INC.,
its Managing Member
________________________________ By: ________________________________
Print Name_______________________ Edward W. Easton, President
_________________________________
Print Name________________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By:
Print Name: ______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Rosemarie Call, CMC, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
__________________________________
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this ___ day of _____________,
2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida
corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as
General Partner of Mainstream Partners VIII, LTD a Florida limited partnership, on behalf of the
aforesaid entities. He is [ ] personally known to me.
_________________________________
Print: ____________________________
Notary Public – State of Florida
My Commission Expires:
SCHEDULE A
Parcel 5: Lot 1, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida
Parcel 6: Lots 11 and 12, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida; also, beginning at the
intersection of the high water mark of the Gulf of Mexico and the East and West center line of
Section 8, Township 29 South, Range 15 East; and run thence East along the East and West
Center line of said Section 8, 164.38 feet; thence South 1,573.94 feet; thence South 77°25'30"
East, 280 feet for a point of beginning; thence South 77°25'30" East, 10 feet; thence South
12°34'30" West, 50.87 feet; Thence North 77°25'30" West, 10 feet; Thence North 12°34'30" East,
50.87 feet to a point of beginning, otherwise described as Lot 1-A of Columbia Subdivision No. 5,
According to the plat thereof as recorded in Plat Book 31, page 16, of the Public Records of
Pinellas County, Florida.
Parcel 7: Lot 2, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 8: Parcel 5: Lots 5 and 6, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 9: Lots 3 and 4, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Containing 1.32 Acres, more or less.
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80
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88'-9"
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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CLEARWATER, FL
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30
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14
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6'-6"59'-10"7'-8"
14
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9
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45
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5'-4"30'-11"42'-8"90'-9"5'-0"
22
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0
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72
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9
"
15
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0
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14
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9
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5'-0"62'-7"31'-7"
19
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43
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32
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STEPBACK
LI
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STEPBACK
20'-5"
15'-1"
20'-9"
19'-4"
15
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23'-4"
59
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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GREEN SCREENDECORATIVEFEATURESTAIR C
CLEARWATER, FL
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20'-5"
11
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14
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8
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30
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6
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14
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9
"
6'-6"59'-10"7'-8"
14
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9
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45
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2
"
5'-4"30'-11"42'-8"90'-9"5'-0"
15
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5
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10'-1"
22
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72
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9
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15
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14
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9
"
5'-0"62'-7"31'-7"
19
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20
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20
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GREEN SCREENDECORATIVEFEATURE
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GLASS RAILINGSYSTEMGARAGE OPENINGSPROTECTED BYBARRIER WALLPRE-FINISHEDALUMINUMBAHAMA SHUTTERS
GL
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14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"13'-4"12'-0"4'-6"100'-0"BASE FLOOD12'-0" NAVD LEVEL TWOEL.= +14'-0"LEVEL THREEEL.= +24'-0"LEVEL FOUREL.= +34'-0"LEVEL FIVEEL.= +48'-0"LEVEL SIXEL.= +58'-8"LEVEL SEVENEL.= +69'-4"LEVEL EIGHTEL.= +80'-0"LEVEL NINEEL.= +91'-8"MAIN ROOFEL.= +102'-0"LEVEL ONEEL.= +0'-0"TOP OF STAIR TOWEREL.= +114'-0"
2
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GLASS CANOPYPRE-FINISHEDALUMINUMBAHAMA SHUTTERS GLASS RAILINGSYSTEM
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GARAGE ENTRANCE/EXIT
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14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"13'-4"12'-0"4'-6"100'-0"
GR
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BASE FLOOD12'-0" NAVD LEVEL TWOEL.= +14'-0"LEVEL THREEEL.= +24'-0"LEVEL FOUREL.= +34'-0"LEVEL FIVEEL.= +48'-0"LEVEL SIXEL.= +58'-8"LEVEL SEVENEL.= +69'-4"LEVEL EIGHTEL.= +80'-0"LEVEL NINEEL.= +91'-8"MAIN ROOFEL.= +102'-0"LEVEL ONEEL.= +0'-0"TOP OF STAIR TOWEREL.= +114'-0"BASE FLOOD12'-0" NAVD LEVEL TWOEL.= +14'-0"LEVEL THREEEL.= +24'-0"LEVEL FOUREL.= +34'-0"LEVEL FIVEEL.= +48'-0"LEVEL SIXEL.= +58'-8"LEVEL SEVENEL.= +69'-4"LEVEL EIGHTEL.= +80'-0"LEVEL NINEEL.= +91'-8"MAIN ROOFEL.= +102'-0"LEVEL ONEEL.= +0'-0"TOP OF STAIR TOWEREL.= +114'-0"14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"11'-4"12'-0"4'-6"100'-0"
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HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
1
Attachment C
Beach by Design Criteria
A. Density:
DESIGN RESPONSE:
The project will maintain an overnight accommodation density of 126 units per
acre based on a 1.32 acre parcel. This includes 66 base density units plus 100
additional units requested from the Hotel Density Reserve via a Development
Agreement. The total number of units proposed for overnight accommodations is
166
B. Height & Separation:
DESIGN RESPONSE:
The highest base flood elevation on site is (AE) 12 feet. The maximum allowable
building height is 100’-0” above the base flood elevation. The proposed building
height is 100’-0” above the base flood elevation, to top of roof, and 112’-0” to top
of roof top mechanical and stair towers.
C. Design, Scale and Mass of Building:
1. Buildings with a footprint of greater than 5000 square feet or a single
dimension of greater than one hundred (100) feet will be constructed so
that no more than two (2) of the three (3) building dimensions in the
vertical or horizontal planes are equal in length. For this purpose, equal
in length means that the two lengths vary by less than forty (40%) of the
shorter of the two (2) lengths. The horizontal plan measurements relate
to the footprint of the building.
DESIGN RESPONSE:
The massing of the proposed building is comprised of an “L” shaped tower with
each leg approximately 65’ wide by 160’ long and 70’ tall, sitting on a 3-story 30’
tall parking base, and intersecting at the corner of 5th and Coronado. The 3-story
parking garage extends southward along Coronado Dr. 180+ feet beyond the end
of the residential portion of the building.
The intent of this portion of Beach by Design is to avoid boxy static building
designs; this building incorporates significant movement and massing articulation
and provides for a varied and energetic massing design.
See attached plans and elevations,
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
2
2. No plane of a building may continue uninterrupted for greater than one
hundred linear feet (100’). For the purpose of this standard, interrupted
means an offset of greater than five feet (5’).
DESIGN RESPONSE:
The proposed building design adds many horizontal steps to three of the building
facades such that no one surface is longer than 100 feet without a break in the
façade. See attached plans and elevations; there is an exception to this for the
southern parking ramp, located on the interior of the site.
The ramps are longer than 100 feet and notching the building is not practical
given the narrow dimension of the property and our desire to maintain the
recommended 10 ‘ side yard setback. Adding a building offset at this façade
would either reduce the side setback to 5’ or reduce the parking on each of the
parking levels and require an additional level of parking and a taller garage
podium. The 140’ long section occurs on an interior, secondary façade of the
building.
We visually broke up the length of this one area of the building with articulated
openings and decorative concrete wall panels. This portion of the building is also
the lowest, at 30’, and least imposing on the surrounding properties.
The Coronado and Hamden stepback guidelines, all but, necessitate a maximum
three story parking structure to achieve the 20 foot stepback at the 20 foot height.
3. At least sixty percent (60%) of any elevation will be covered with
windows or architectural decoration. For the purpose of this standard,
an elevation is that portion of a building that is visible from a particular
point outside the parcel proposed for development.
DESIGN RESPONSE:
In the proposed elevation design, a significant portion of each façade is
composed of windows, balconies, green screens and articulated façade elements.
The result is that over 60% of each façade is covered in windows and/or
architectural decoration.
See attached plans and elevations
4. No more than sixty percent (60%) of the theoretical maximum building
envelope located above forty-five feet (45’) will be occupied by a
building. However, in those instances where an overnight
accommodations use on less than 2.0 acres that has been allocated
additional density via the Hotel Density Reserve, no more than seventy-
five percent (75%) of the theoretical maximum building envelope located
above forty-five feet (45’) may be occupied by a building unless the
property is located between Gulfview Boulevard and the Gulf of Mexico,
then no more than 70% may be occupied by a building.
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
3
DESIGN RESPONSE:
The proposed design occupies approximately 56% of the “Theoretical Building
Envelope” above 45’. This is significantly less than the allowable 75%.
5. The height and mass of buildings will be correlated to: (1) the
dimensional aspects of the parcel of the parcel proposed for
development and (2) adjacent public spaces such as streets and parks.
DESIGN RESPONSE:
The building height is maintained at 100’, as dictated in Beach by Design. The
height and mass of the building meets the design standards of Beach by Design.
The massing of the building allows for landscape buffer areas of 15 feet on
Hamden Dr., 15’ along 5th Street, and 10’ to 20’ along Coronado Dr. In addition to
the greenspace surrounding the building the landscape design concept calls for
10’ wide public sidewalks, hardscape plazas at the hotel entry and hotel retail
entry.
See attached plans and elevations,
6. Buildings may be designed for a vertical or horizontal mix of permitting
uses.
DESIGN RESPONSE:
The building will be designed to provide the dining, hotel related retail, and a mix
of overnight accommodation space, typical for a limited service hotel. The
proposed hotel retail and restaurant uses are intended strictly as accessory uses,
to support the needs of hotel guests, and are within the allowable 15% of Gross
Floor Area accessory allowance.
D. Setbacks & Stepbacks:
1. Rights-of-way.
The area between the building and the edge of the pavement as existing
and planned should be sufficiently wide to create a pedestrian-friendly
environment. The distances from structures to the edge of the right-of-way
should be:
DESIGN RESPONSE:
a) Fifteen feet (15') along arterials, and (Proposed 10.00’ to 20’ on Coronado
Drive) and 15’ on Hamden Drive. Hamden and Coronado both have a 60’
wide ROW. The 15’ setback on Hamden is prescribed in BbD, and along
with the 15’ setback gives nearly 30’ buffer from the building to the curb.
Along Coronado Dr. we are requesting a minimum 10’ setback. This
setback occurs only in a few locations, given the curve on Coronado. The
building average setback on Coronado is approximately 17 feet.
b) Twelve feet (12') along local streets. (Proposed 15.00’ on 5th Street)
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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The 5th Street setback is greater than the 12’ setback prescribed in BbD.
This façade also mirrors the 15’ setback on Parcel B, giving a 90’ building
separation at the first three floors and increasing to nearly 105 feet at the
tower elevations.
2. Side and Rear Setbacks
Side and rear setbacks shall be governed by the provisions of the Tourist
District of the Community Development Code unless otherwise prescribed
in the applicable Character District provisions contained in Section II.,
Future Land Use.
DESIGN RESPONSE:
10’ setback proposed.
3. Coronado Drive Setbacks and Stepbacks.
To reduce upper story massing along the street and ensure a human scale
street environment, buildings using the hotel density reserve along
Coronado Drive and Hamden Drives shall be constructed in accordance
with the following:
a. Buildings constructed with a front setback of
fifteen feet (15’) or more shall stepback with a
minimum depth of fifteen feet (15’) from the
setback line at a height not more than twenty-five
feet (25’).
DESIGN RESPONSE:
Along Hamden Drive, the proposed building is setback back 15’ from the ROW
line and has an additional 15’ stepback at 20’ (above BFE) for 100% of the
building frontage. Please see Elevations, plans, and isometric massing study.
b. Buildings constructed with a front setback greater
than or equal to ten feet (10’) and less than fifteen
feet (15’) shall stepback at a height not more than
twenty feet (20’). The required stepback/ setback
ratio is one and one-half feet (1.5’) for every one
foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
Along Coronado Drive, the proposed building has a minimum setback of 10’ and
correspondingly the building is stepped back an additional 20’ at the requisite 20’
height (above BFE) for approximately 76% of the building frontage. (75%
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
5
minimum is prescribed under Beach by Design.) Please see Elevations, plans,
and isometric massing study.
As described above, the 3 story garage extends nearly 180 feet beyond the hotel
proper, along Coronado Dr. While the design proposes to step the main
structure of the building at the 20’ height, as required by Beach by Design, we
are proposing to add some architectural embellishments, greenscreens, which
extend 8’ above the required 20’ cutoff. The green screens serve to break up the
long horizontal mass of the building, create a more varied, softer pedestrian
experience, and shield a portion of the exposed parking; exposed because of the
stepback requirements.
c. Buildings constructed with a front setback of less
than ten feet (10’) shall provide a building stepback
required stepback/ setback ratio is two and one-half
feet (2.5’) for every one foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
d. To achieve upper story facade variety and
articulation, additional stepbacks may be required.
To avoid a monotonous streetscape, a building
shall not replicate the stepback configuration of the
neighboring buildings including those across
rights-of-way.
DESIGN RESPONSE:
The neighboring buildings along Coronado Drive are low rise buildings and
the proposed design does not mimic or mirror the existing buildings.
e. Required stepbacks shall span a minimum of 75%
of the building frontage width.
DESIGN RESPONSE:
The required stepbacks span approximately 76% of the building frontage along
Coronado Drive and 100% on Hamden Drive. The proposed design brings
certain appropriate and reasonable portions of the building forward to create
appropriate mass, presence and a sense of entry along Coronado and Hamden
Drives.
E. Street-Level Facades
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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The human scale and aesthetic appeal of street-level
facades, and their relationship to the sidewalk, are essential to a
pedestrian-friendly environment. Accordingly:
1. at least sixty percent (60%) of the street level facades of
buildings used for nonresidential purposes which abut a
public street or pedestrian access way, will be transparent.
For the purpose of this standard:
a) street level facade means that portion of a building
facade from ground level to a height of twelve feet
(12')
DESIGN RESPONSE:
At least 60% of the street level facades are transparent. The facades include
significant amount of glazed storefront at the building entry and accessory
spaces on Coronado and 5th, as well as the Porte Cochere and building entrance
on 5th, and along Hamden Drive the view into the garage is decoratively
screened with metal green screening. Additionally, as defined below, the
buildings are setback approximately 15 feet or more from all three street front
facades, so the streetscapes are effectively 100% transparent. See attached
plans and elevations,
b) transparent means windows or doors that allow pedestrians to see
into:
i. the building, or
ii. landscaped or hardscaped courtyard or plazas,
where street level facades are set back at least
fifteen feet (15') from the edge of the sidewalk
and the area between the sidewalk and the
facade is a landscaped or hardscaped courtyard
DESIGN RESPONSE:
The buildings step back 15 feet or more from all three street front facades, so the
streetscapes are effectively 100% transparent. See attached plans and
elevations,
c) parking structures should utilize architectural
details and design elements such a false recessed
windows, arches, planter boxes, metal grillwork,
etc. instead of transparent alternatives. When a
parking garage abuts a public road or other public
place, it will be designed such that the function of
the building is not readily apparent except at points
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. The
openings in the parking area at the 4th floor level is pulled back minimally 15 feet
from the face of the building, effectively hiding the openings from pedestrian and
higher levels.
See attached plans and elevations,
2. Window coverings, and other opaque materials may cover
not more than 10% of the area of any street-level window
in a nonresidential building that fronts on a public right-of way.
DESIGN RESPONSE:
Not more than 10% of the area of any street-level windows are opaqued,
3. Building entrances should be aesthetically inviting and
easily identified. Goods for sale will not be displayed outside of a building,
except
as a permitted temporary use. This standard does not
apply to outdoor food service establishments.
DESIGN RESPONSE:
Acknowledged,
4. Awnings and other structures that offer pedestrians cover
from the elements are recommended. Awnings help define
entryways and provide storefront identity to both
pedestrians and drivers.
DESIGN RESPONSE:
The design proposes cantilevered awnings and canopies along the Coronado
hotel entry and accessory area facades as well as a significant canopy over the
Porte Cochere on 5th Street. These façade articulations will serve to identify the
available hotel activity areas and entrances.
See attached plans and elevations
F. Parking Areas
To create a well-defined and aesthetically appealing street
boundary, all parking areas will be separated from public rights of
way by a landscaped decorative wall, fence or other opaque
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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landscape treatment of not less than three feet (3’) and not more
than three and one-half feet (3½’) in height. Surface parking areas
that are visible from public streets or other public places will be
landscaped such that the parking areas are defined more by their
landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots.
However, care should be taken to choose trees that do not drop excessive
amounts of leaves, flowers, or seeds on the vehicles below. Entrances to
parking areas should be clearly marked in order to avoid confusion and
minimize automobile-pedestrian
conflicts. Attractive signage and changes to the texture of the road (such
as pavers) are recommended. When a parking garage abuts a public road
or other public place, it will be designed such that the function of the
building is
not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. The
openings in the parking area at the 4th floor level is pulled back minimally 15 feet
from the face of the building, effectively hiding the openings from pedestrian and
higher levels.
See attached plans and elevations,
G. Signage
Signage is an important contributor to the overall character
of a place. However, few general rules apply to signage.
Generally, signage should be creative, unique, simple, and
discrete. Blade signs, banners and sandwich boards should not be
discouraged, but signs placed on the sidewalk should not obstruct
pedestrian traffic.
DESIGN RESPONSE:
Signage shall be designed per code and submitted for approval along with the
building permit.
H. Sidewalks
Sidewalks along arterials and retail streets should be at
least ten feet (10’) in width. All sidewalks along arterials and
retail streets will be landscaped with palm trees, spaced to a
maximum of thirty-five feet (35') on centers, with “clear grey” of
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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not less than eight feet (8'). Acceptable palm trees include sabal
palms (sabal palmetto), medjool palms (phoenix dactylifera
‘medjool’), and canary island date palms (phoenix canariensis).
Sidewalks along side streets will be landscaped with palms (clear
trunk of not less than eight feet (8')) or shade trees, spaced at
maximum intervals of thirty-five feet (35') on centers.
Portions of required sidewalks may be improved for nonpedestrian
purposes including outdoor dining and landscape material, provided that:
1. movement of pedestrians along the sidewalk is not
obstructed; and
2. on-pedestrian improvements and uses are located on the
street side of the sidewalk. Distinctive paving patterns should be used to
separate
permanent sidewalk café improvements from the pedestrian space on the
sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving
should also be used to mark crosswalks.
DESIGN RESPONSE:
Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and
shall be submitted for approval at DRC application.
I. Street Furniture and Bicycle Racks
Street furniture, including benches and trash receptacles
should be liberally placed along the sidewalks, at intervals no
greater than thirty linear feet (30') of sidewalk. Bicycle racks
should also be provided, especially near popular destinations, to
promote transportation alternatives. Complicated bicycle rack
systems should be avoided. The placement of street furniture and
bicycle racks should not interrupt pedestrian traffic on the
sidewalk.
DESIGN RESPONSE:
Street Benches and trash receptacles area proposed along Coronado Drive and
shall be designed per code and submitted for approval at building permit..
J. Street Lighting
Street lighting should respond to the pedestrian-oriented
nature of a tourist destination. In this context, it should balance
the functional with the attractive – providing adequate light to
vehicular traffic, while simultaneously creating intimate spaces
along the sidewalks. Clearwater’s historic lighting is an attractive,
single-globe fixture atop a cast-iron pole.
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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DESIGN RESPONSE:
Street lighting, it has not been decided if lighting is to be provided, if the
ownership determines that they wish to provide street lighting, it shall be
designed per code and submitted for approval at building permit.
K. Fountains
Fountains provide attractive focal points to public spaces
and add natural elements to urban environments. They should be
interesting, engaging and unique. While it is important not to
overburden architectural creativity regarding fountains, they
should meet at least the following standards in order to be a
functional and attractive component of the public space:
1. They should be supplemented with street furniture such as
benches and trash receptacles, and
2. They should have rims that are:
a. Tall enough to limit unsupervised access by small
children, and
b. Wide enough to permit seating.
Fountains should be encouraged in landscaped and
hardscaped courtyards and plazas.
DESIGN RESPONSE:
There are no fountains planned for the property, at this time.
L. Materials and Colors
1. Facades
Finish materials and building colors will reflect Florida or
coastal vernacular themes. All awnings should contain at
least three (3) distinct colors. Bright colors will be limited
to trims and other accents. Glass curtain walls are prohibited.
DESIGN RESPONSE:
The design is primarily white stucco with pale blue and blue-gray surfaces. All
colors are anticipated to follow the BbD color palate.
2. Sidewalks
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
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Sidewalks will be constructed of:
a. Pavers;
b. Patterned, distressed, or special aggregate concrete;
or
c. Other finished treatment that distinguishes the
sidewalks from typical suburban concrete sidewalks.
Materials should be chosen to minimize the cost and complexity
of maintenance.
DESIGN RESPONSE:
Proposed sidewalks will be designed using several coordinating paver styles as
well as concrete.
3. Street Furniture
Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its
surroundings.
DESIGN RESPONSE:
Concrete street benches are being proposed along Coronado Drive. Designs
shall be coordinated with City staff.
4. Color Palette
A recommended palette for building colors is presented
on the following page.
DESIGN RESPONSE:
The building shall utilize the BbD color palates.
UPDATED 09/04/2014
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed FLD2009-03013 / DVA2009-00001 Wells
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed FLD2008-12033 / DVA2008-00002 Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July
6, 2011
Total Number of Rooms Allocated from Reserve 114
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 11/17/2014 FLD2009-08026 / DVA2009-00002 Wells
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 11/17/2014 FLD2009-08027 / DVA2009-00003 Wells
40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 5/21/2015 FLD2013-02007 / DVA2010-08001A Jackson one year time extension granted - DOfor FLD2013-02007 expires 05-21-15
443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 FLD2012-03008/DVA2012-03001 Jackson one year time extension granted - DOfor FLD2012-03008 expires 09-16-14;
Building Permit applied for: BCP2014-08618 - submitted 08-29-14
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 FLS2013-02006 / DVA2013-02001 Nurnburger
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 6/19/2015 FLD2013-03011 / DVA2013-03001 Nurnburger Came in for additional site plan approval and a revision to the HDA - see
FLD2014-03007/HDA2014-02001
691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 12/17/2015 HDA2013-08001/FLD2013-08028 Nurnburger
325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 HDA2013-08004 Parry
353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 6/19/2015 HDA2013-08005 Parry
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 HDA2013-08007 Parry
The maximum amount of units allotted is 69 although as few as 39 may be
used. It is possible that 30 units may be returned to the Reserve. Term. Of
Status for density approved October 15, 2013, see FLD2013-08025
715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 2/20/2015 HDA2013-12008 Parry
The acreage is the portion of the site remaining after subtracting the amount of
land needed to support 74 attached dwelling units. The total site is 4.38 acres
(zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 4/16/2015 FLD2014-03007/HDA2014-02001 Nurnburger
521 South Gulfview Boulevard 30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 FLD2013-11038/FLD2014-06019/
HDA2014-04002 Parry
site plan as related to HDA214-04002 approved as part of FLD201311038.
New site plan approval request to accommodated approved units as part of
the HDA - FLD2014-06019 (pending DRC review)
Total Number of Rooms Allocated from Reserve 923
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
405 Coronado Drive 100 166 1.32 125.76 66 N/A PENDING PENDING HDA2013-08006 Parry Scheduled CC 1st Reading: 09-04-14 and 2nd Reading: 09-18-14
401 South Gulfview Boulevard 100 227 1.953 117.00 98 N/A PENDING PENDING HDA2014-06004 Parry Scheduled DRC meeting: 08-07-14; CC 1st Reading: 09-04-14 and 2nd
Reading: 09-18-14
40 Devon Drive 13 98 0.659 148.70 32 N/A PENDING PENDING HDA2014-07004 Jackson DRC Meeting: 09-04-14; Tentative CC 1st Reading: 10/02/14 and 2nd
Reading: 10-15-14
630 South Gulfview Boulevard 100 159 1.19 133.61 60 N/A PENDING PENDING HDA2014-08007 Parry Scheduled DRC meeting: 10-02-14; Tentative CC 1st Reading: 11-06-14 and
2nd Reading: 11-20-14
706 Bayway 15 32 0.349 91.69 17 N/A PENDING PENDING HDA2014-08006 Parry Scheduled DRC meeting: 10-02-14; Tentative CC 1st Reading: 11-06-14 and
2nd Reading: 11-20-14
Total Number of Rooms Pending Allocation 328
Total Number of Rooms in Reserve 1,385
Total Number of Rooms Allocated from Reserve 1,037
Total Number of Rooms Pending Allocation 328
APPROVED HOTEL DENSITY RESERVE PROJECTS
PENDING HOTEL DENSITY RESERVE PROJECTS
CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS
Total Remaining For Allocation 20
Resolution No. 14-25
RESOLUTION NO. 14-25
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND
MAINSTREAM PARTNERS, VIII, LTD.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with MAINSTREAM PARTNERS, VIII, LTD.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The Development Agreement between the City of Clearwater and
MAINSTREAM PARTNERS, VIII, LTD., a copy of which is attached as Exhibit “A,” is
hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submita recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this _______ day of _____________, 2014.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-489
Agenda Date: 9/15/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 10.4
SUBJECT/RECOMMENDATION:
Approve a Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana
Holdings, LLC (the property owners) and the City of Clearwater, providing for the allocation of
100 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-29,
and authorize the appropriate officials to execute same. (HDA2014-06004)
SUMMARY:
Development Proposal:
No changes have been made to the Development Proposal presented at the September 4,
2014 Council meeting. The applicant has committed to the provision of a bicycle rack the
location, materials and installation methodology of which will be coordinated with Staff as part
of the site plan review process.
The owners propose to utilize the existing 127 hotel units and incorporate an additional 100
units from the Hotel Density Reserve through Beach by Design resulting in a total of 227 units
(114 units per acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the September 4, 2014
Council meeting. The Conceptual Site Plan continues to appear to be consistent with the
CDC with regard to:
§Minimum Lot Area and Width
§Minimum Setbacks
§Maximum Height
§Minimum Off-Street Parking
§Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the September 4, 2014
Council meeting. The Conceptual Site Plan continues to appear to be consistent with the
Beach by Design with regard to:
§Design Guidelines
§Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Page 1 City of Clearwater Printed on 9/12/2014
File Number: ID#14-489
Beach by Design. The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
§Provides for the allocation of up to 100 units from the Hotel Density Reserve or a
maximum density of 114 units per acre;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will
be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and /or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
The Planning and Development Department is recommending APPROVAL of this
Development Agreement for the allocation of up to 100 units from the Hotel Density Reserve
under Beach by Design.
Page 2 City of Clearwater Printed on 9/12/2014
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
(“Agreement”) is dated the day of , 2014, and entered into
between ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA
HOLDINGS, LLC (collectively “Developer"), its successors and assigns, and the CITY
OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting
through its City Council, the governing body thereof (“City”).
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act (“Act”), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 1.994 acres of real property ("Property") in the
corporate limits of the City, more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, the Developer desires to develop the Property by demolishing
existing hotel rooms and other uses in order to construct two hundred and twenty-seven
(227) overnight accommodation units, meeting space for guest use, pool, new lobby and
parking with parking spaces, generally conforming to the architectural elevation
dimensions shown in composite Exhibit “B” (collectively the “Project”); and
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
WHEREAS, upon completion the planned resort will contain 227 overnight
accommodation units, which includes 100 units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
, 2014, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
and is zoned Tourist (T).
3.2. The Property is owned in fee simple or under contract to be owned in fee
simple by the Developer.
3.3 The Property is generally located at 401, 411, and 421 South Gulfview
Blvd., Clearwater, FL 33767, as further described in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Project shall consist of 227 overnight accommodation units. Of the
227 overnight accommodation units, 100 units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 273 parking spaces, as defined in
the Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design.
4.4 The density of the Project shall be 114 units per acre. In no instance shall
the density of a parcel of land exceed 117 units per acre. The height of the Project shall be
140 feet 0 inches measured from Base Flood Elevation, as defined in the Code. The
maximum building heights of the various character districts cannot be increased to
accommodate hotel rooms allocated from the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes
Section 163.3239 and Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
Property:
6.1.3 The following restrictions shall apply to development of the
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". Any modifications determined by the Planning Director as either
inconsistent with attached Exhibit “B” or constituting a substantial
deviation from attached Exhibit “B” shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted
amendments shall be recorded in the public records of Pinellas County,
Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement in accordance with the
provisions of the Code, and shall then obtain appropriate permits and
certificates of occupancy in accordance with the provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approval or other development orders pursuant to the Code or state
law. In the event that work is not commenced pursuant to issued permits,
or certificates of occupancy are not timely issued, the City may deny future
development approvals and/or certificates of occupancy for the Project,
and may terminate this Agreement in accordance with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of
the hotel use. There shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to all units must be provided
through a lobby and internal corridor. All units shall be available to the public for
overnight transient hotel occupancy at all times through the required hotel reservation
system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-
one (31) consecutive days, whichever is less. No unit in the hotel shall be used as a
primary or permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that
term is used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these regulations
as allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply
with the Design Guidelines as set forth in Section VII of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after
12:00 midnight on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 96
units from the Hotel Density Reserve as defined in Beach by Design, contingent
upon the provisions of Section 6.1.5.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization’s
[MPO] or its successor’s countywide approach to the application of concurrency
management for transportation facilities, and the transportation analysis conducted for the
Project shall include the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
• Utilization of proportional fair-share requirements consistent with Florida
Statutes and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of “Constrained Facilities” as set forth in
the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of
occupancy.
7.7 Developer agrees to provide a cashier’s check, a payment and performance
bond, or letter of credit in the amount of 115% of the estimated costs of the public
facilities and services, to be deposited with the City to secure construction of any new
public facilities and services required to be constructed by this Agreement. Such
construction shall be completed prior to issuance of a Certificate of Occupancy for the
Project.
SECTION 8. Required Local Government Approvals. The required local
government development approvals for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of the
Property is consistent with the terms this Agreement is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination,
until ten (10) years after the date of this Agreement, the City may apply laws and policies
adopted subsequently to the Effective Date of this Agreement if the City has held a public
hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses,
intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a
development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement;
or
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Alanik Properties, LLC
With Copy to: Brian J. Aungst, Jr.
Macfarlane Ferguson & McMullen, P.A.
625 Court Street
Clearwater, FL 33756
If to City: City of Clearwater, City Manager
ATTN: William B. Horne, II
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer’s right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
extent that the purpose of this Agreement or the benefits sought to be received hereunder
are frustrated, such party shall have the right to terminate this Agreement upon fifteen
(15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of land shall
be applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: Alanik Properties, LLC, Anco Holdings,
LLC, and Nikana Holdings, LLC
Print Name
By:
Martin R. Cole
Print Name
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this day of
, 2014, by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco
Holdings, LLC, and Nikana Holdings, LLC. He is [ ] personally known to me or has [ ]
produced as identification.
Print:
Notary Public – State of Florida
My Commission Expires:
EXHIBIT “A”
PROJECT LEGAL DESCRIPTION
PARCEL 1:
LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF
LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY
BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY
BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID
LOT TO THE POINT OF BEGINNING.
AND
LOTS 124, 125, 126 AND 127, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE
NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.
AND
LOTS 128 AND 129, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2:
LOTS 72, 73, 121, 122 AND THE NORTH ONE‐HALF OF LOT 123, LLOYD‐WHITE‐SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS.
Exhibit “B”
Survey, Conceptual Site Plan, and Architectural Drawings
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
and DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the ______ day of ____________, 2014, by ALANIK PROPERTIES, LLC, ANCO
HOLDINGS, LLC, and NIKANA HOLDINGS, LLC, (collectively “Developer”).
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2014, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 227 units, 100 of which are units allocated to Developer from the
Hotel Density Reserve, shall be used solely for transient occupancy of
one month or thirty-one (31) consecutive days or less, must be licensed as a
public lodging establishment and classified as a hotel, and must be operated
by a single licensed operator of the hotel. No unit shall be used as a
primary or permanent residence. Access to the units must be provided
through a lobby and internal corridor. A reservation system shall be required
as an integral part of the hotel use and there shall be a lobby/front desk area
that must be operated as a typical lobby/front desk area for a hotel would be
operated. All units shall be required to be submitted to a rental program
requiring the units to be available for members of the public as overnight
hotel guests on a transient basis at all times. No unit shall have a complete
kitchen facility as that term is used in the definition of “dwelling unit” in the
Code. Developer shall make available for inspection to authorized
representatives of the City its books and records pertaining to each
unit upon reasonable notice to confirm compliance with these regulations as
allowed by general law. The Developer agrees to comply with the Design
Guidelines as set forth in Section VII of Beach by Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to
such terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance
of all building permits required to build the project ("Project") and Developer's
commencement of construction of the Project, as evidenced by a Notice of
Commencement for the Project. This Declaration shall expire and terminate automatically
if and when the allocation of Reserve Units to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance
with and governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of
the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration
or the application of this Declaration to any person or circumstance will be or is
declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or
the application of such provision or portion thereof to any person or circumstance, shall
not be affected thereby, and each and every other provision of this Declaration shall be
valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed
this
day of , 2014.
In the Presence of: ALANIK PROPERTIES, LLC, ANCO
HOLDINGS, LLC, and NIKANA
HOLDINGS, LLC
Print Name
As to “Developer”
Print Name
By:
Martin R. Cole
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this day of , 2014,
by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana
Holdings, LLC. He is [ ] personally known to me or has [ ] produced
as identification.
Print:
Notary Public – State of Florida
My Commission Expires:
SCHEDULE “A”
PROJECT LEGAL DESCRIPTION
PARCEL 1:
LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD‐
WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES
12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY
BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY
OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE
SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST
CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT
OF BEGINNING.
AND
LOTS 124, 125, 126 AND 127, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE
NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID
LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.
AND
LOTS 128 AND 129, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2:
LOTS 72, 73, 121, 122 AND THE NORTH ONE‐HALF OF LOT 123, LLOYD‐WHITE‐SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of
, 2014, by (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement dated , 201 (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a limited-service hotel project, as described in the Agreement. The restrictions
set forth in the preceding sentence shall expire automatically when and if Developer's allocation
of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this
Agreement shall require Developer to develop the Project or restrict Developer's ability to sell,
assign, transfer or otherwise convey its right in and to the Real Property or any portion or
portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to
enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be
executed this day of , 2014.
In the Presence of: Alanik Properties, LLC., Anco Holdings,
LLC, and Nikana Holdings, LLC
Print Name
By:
Martin R. Cole
Print Name
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Assistant City Attorney
STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this _______ day of ________, 2014, by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC. He is [ ] personally known to me or has [ ] produced as identification.
_____________________________________
Print Name: ___________________________
Notary Public – State of Florida
My Commission Expires: ________________
SCHEDULE “A”
PROJECT LEGAL DESCRIPTION
PARCEL 1:
LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND
77; THAT PART OF LOT 123 OF LLOYD-WHITE-SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13,
PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING
THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE
WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY
BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS
NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY
ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR
LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY
ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF
BEGINNING.
AND
LOTS 124, 125, 126 AND 127, LLOYD-WHITE-SKINNER SUBDIVISION,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND
RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE
SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER
OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO
THE POINT OF BEGINNING.
AND
LOTS 128 AND 129, LLOYD-WHITE-SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13,
PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2:
LOTS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD-
WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD-WHITE-SKINNER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99
ACRES, MORE OR LESS.
CORONADO DRIVE
5T
H
S
T
R
E
E
T
SOUTH GULFVIEW BOULEVARD
SITE PLAN
SCALE: 1" = 20'
COASTAL CONSTRUCTION CONTROL LINE
1 SITE PLAN
SCALE: 1" = 20'
PROJECT NORTH
N
1 0 '-0 "
S E T B A C K
OPEN PARKINGBELOW
COASTAL CONSTRUCTION CONTROL LINE
LANDSCAPE AREA
LANDSCAPE AREA
P/L
P/L
P/L
P/L
P/L
15'-0"
SETBACK
SIDEWALK
BUILDING
ENTRY/ EXIT
SIDEWALK
BUILDING
ENTRY/ EXIT
LANDSCAPE
AREA
LANDSCAPE
AREA
LANDSCAPE
AREA
10'-0"
SETBACK
15'-0"
1 0 '-0 "
S E T BA C K
1
0
'
-
0
"
1
9
'
-
1
"
S
E
T
B
A
C
K
40
1
,
4
1
1
,
4
2
1
S
.
G
U
L
F
V
I
E
W
B
L
V
D
.
ITEM:DATE:
COL14.01
ISSUE DATE:
AL
A
N
I
K
HO
T
E
L
PROJECT TITLE:
ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
ISTVAN L. PETERANECZ
AR94533
FLORIDA
2013.06.27
CL
E
A
R
W
A
T
E
R
,
F
L
A1_0
SITE PLAN
1 GROUND FLOOR
SCALE: 1/16" = 1'-0"
COASTAL CONSTRUCTION CONTROL LINE
PROJECT NORTH
N
CORONADO DRIVE
UP
UP
STAIR B
STAIR C
12
30
4
45
9
RAMP UP 12% MAX
BUILDING
ENTRY/ EXIT
15
19
2
S T A I R A
UP
STAIR E
POOL ABOVE
ELEVATOR
LOBBY
SOLID WASTE
/ HOLDING
4
HC
HC
HC
HC
UP DNSTAIR D
SVC
ELEV
GARAGE - 135 SPACES
273 TOTAL SPACES
1 0 '-0 "
S E T B A C K
P/L
P/L
15'-0"
SETBACK
SIDEWALK
BUILDING
ENTRY/ EXIT
LANDSCAPE
AREA
10'-0"
SETBACK
20'-0"
1
0
'
-
0
"
1
9
'
-
1
"
S
E
T
B
A
C
K
0'-0" SETBACK
0'-0" SETBACK
FORMER SOUTH GULFVIEW BOULEVARD ROW
P/L
BUILDING
ENTRY/ EXIT
24
'
-
0
"
18
'
-
0
"
18
'
-
0
"
24
'
-
0
"
18
'
-
0
"
18
'
-
0
"
24
'
-
0
"
18
'
-
0
"
22
'
-
0
"
1
8
'
-
0
"
2
4
'
-
0
"
1
8
'
-
0
"
33'-9"7'-4"30'-6"11'-11"186'-10"12'-9"
67'-1 1 "
9 1 '-1 0 "
6
1
'
-
4
"
70 '-7 "
10 5 '-5 "
1
2
2
'
-
9
"
SERVICE DRIVE
ONLY
40
1
,
4
1
1
,
4
2
1
S
.
G
U
L
F
V
I
E
W
B
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V
D
.
ITEM:DATE:
COL14.01
ISSUE DATE:
AL
A
N
I
K
HO
T
E
L
PROJECT TITLE:
ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
ISTVAN L. PETERANECZ
AR94533
FLORIDA
2013.06.27
CL
E
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W
A
T
E
R
,
F
L
A2_1
GROUND LEVEL
COASTAL CONSTRUCTION CONTROL LINE
1 LEVEL 2
SCALE: 1/16" = 1'-0"PROJECT NORTH
N
9
RAMP UP 12% MAX
12
15
2
S T A I R A
DN UP
STAIR C
UP
DN
RAMP DN
HCHC
BALL ROOM
PRE-FUNCTION
RESTAURANT
LOBBY
SWIMMING POOL
POOL DECK
FIRE PUMP
LINE OF BUILDING
ABOVE
UTILITY
KITCHEN
BOH
STO.
CORONADO DRIVE
BOH
RESTROOMS
LINE OF BUILDING
ABOVE
RESTROOMS
FRONT DESK
ELEVATOR
LOBBY
LOBBY LOUNGE
FRONT DESK
ADMIN
UP DNSTAIR D
SVC
ELEV
BACK-OF-HOUSE
BALLLROOM
STORAGE
DROP-OFF
CHECK-IN
PARKING
MECH
GARAGE - 38 SPACES
1
8
'
-
0
"
2
4
'
-
0
"
1
8
'
-
0
"
67'-1 1 "
9 1 '-1 0 "
6
1
'
-
4
"
41'-9"
66
'
-
0
"
32
'
-
6
"
28
'
-
7
"
49
'
-
7
"
61'-9"
5'-0"
29'-10"12'-0"185'-11"13'-7"
1
2
2
'
-
9
"
70 '-7 "
8
8
'
-
4
"
10 5 '-5 "
40
1
,
4
1
1
,
4
2
1
S
.
G
U
L
F
V
I
E
W
B
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V
D
.
ITEM:DATE:
COL14.01
ISSUE DATE:
AL
A
N
I
K
HO
T
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L
PROJECT TITLE:
ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
ISTVAN L. PETERANECZ
AR94533
FLORIDA
2013.06.27
CL
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R
,
F
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A2_2
LEVEL 2
COASTAL CONSTRUCTION CONTROL LINE
1 LEVEL 3
SCALE: 1/16" = 1'-0"PROJECT NORTH
N
11
RAMP UP 12% MAX
12
15
2
S T A I R A
DN UP
STAIR C
RAMP DN
18
UP
DN
OPEN TO BELOW
OPEN TO BELOW
LAUNDRY ROOM
LINE OF BUILDING
ABOVE
SWIMMING POOL BELOW
POOL DECK BELOW
SADFSAF
EMPLOYEE
LOUNGE
STORAGE
ADMINISTRATION ADMINISTRATION
CORRIDOR
ADMINISTRATIONADMINISTRATION
ELEVATOR
LOBBY
UP DNSTAIR D
SVC
ELEV
3
MECHANICAL
GARAGE - 61 SPACES
41'-9"
66
'
-
0
"
32
'
-
6
"
28
'
-
7
"
49
'
-
7
"
61'-9"
5'-0"
65
'
-
5
"
29'-10"12'-0"185'-11"13'-7"
1
8
'
-
0
"
2
4
'
-
0
"
1
8
'
-
0
"
67'-1 1 "
9 1 '-1 0 "
6
1'
-
4
"
5
'
-
7
"
1
2
2
'
-
9
"
70 '-7 "
8
8
'
-
4
"
18
'
-
0
"
24
'
-
0
"
18
'
-
0
"
1'
-
0
"
22
'
-
0
"
10 5 '-5 "
138'-2"
40
1
,
4
1
1
,
4
2
1
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ITEM:DATE:
COL14.01
ISSUE DATE:
AL
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I
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HO
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L
PROJECT TITLE:
ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
ISTVAN L. PETERANECZ
AR94533
FLORIDA
2013.06.27
CL
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F
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A2_3
LEVEL 3
COASTAL CONSTRUCTION CONTROL LINE
1 LEVEL 4
SCALE: 1/16" = 1'-0"PROJECT NORTH
N
15
RAMP DN
21
UP
DN
LINE OF BUILDING
ABOVE
UP DNSTAIR D
STORAGE
CORRIDOR
EXERCISE ROOM
BOARD ROOM
ROOF
BOARD ROOM
1
2
3
4
5
6
7
8 9 10 11 12
13
14
ELEVATOR
LOBBY
SVC
ELEV
RESTROOMS
BUSINESS BOARD ROOM
3
GARAGE - 39 SPACES
LINE OF BUILDING
ABOVE
41'-9"
66
'
-
0
"
32
'
-
6
"
28
'
-
7
"
49
'
-
7
"
44'-3"32'-6"
5'-0"
38
'
-
2
"
4'
-
0
"
50'-6"13'-7"
1
1
8
'
-
3
"
30
'
-
2
"
233'-9"
RAMP BELOW
23
'
-
4
"
177'-3"
23
'
-
0
"
S
T
E
P
B
A
C
K
10
'
-
0
"
40
1
,
4
1
1
,
4
2
1
S
.
G
U
L
F
V
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ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
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AR94533
FLORIDA
2013.06.27
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LEVEL 4
COASTAL CONSTRUCTION CONTROL LINE
1 LEVEL 5
SCALE: 1/16" = 1'-0"PROJECT NORTH
N
UP DNSTAIR D
UP
DN
CORRIDOR
RAMP BELOW1
2
3
4
5
6
7
8 9 10 11 12
13
14
15
17 18 19 20 21 22 23 24 25
STORAGE
26
LINE OF BUILDING
ABOVE
27 2816
ROOF BELOW
ELEVATOR
LOBBY /
VIEWING
LOUNGE
HSKP
MECH
SVC
ELEV
41'-9"
66
'
-
0
"
32
'
-
6
"
28
'
-
7
"
49
'
-
7
"
44'-3"32'-6"
5'-0"
87'-6"62'-9"100'-0"
5'
-
0
"
36
'
-
0
"
2
7
'
-
2
"
1 8'-2 "
23
'
-
1
1
"
88'-9"62'-6"57'-6"
8'
-
0
"
5'
-
6
"
46
'
-
5
"
38
'
-
2
"
4'
-
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"
10
'
-
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S
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31
'
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PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
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AR94533
FLORIDA
2013.06.27
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LEVEL 5
COASTAL CONSTRUCTION CONTROL LINE
1 LEVELS 6-10
SCALE: 1/16" = 1'-0"PROJECT NORTH
N
UP DNSTAIR D
UP
DN
CORRIDOR
STORAGE
ELEVATOR
LOBBY /
VIEWING
LOUNGE
1
2
3
4
5
6
7
8 9 10 11 12
13
14
15
17 18 19 20 21 22 23 24 25 26 27 2816
BALCONY BELOW
MECH
SVC
ELEV
HSKP
LINE OF BUILDING
ABOVE
41'-9"
66
'
-
0
"
32
'
-
6
"
28
'
-
7
"
49
'
-
7
"
44'-3"32'-6"
5'-0"
87'-6"62'-9"100'-0"
5'
-
0
"
36
'
-
0
"
2
7
'
-
2
"
1 8'-2 "
23
'
-
1
1
"
88'-9"62'-6"57'-6"
8'
-
0
"
5'
-
6
"
46
'
-
5
"
38
'
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4'
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40
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PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
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AR94533
FLORIDA
2013.06.27
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LEVELS 6-10
COASTAL CONSTRUCTION CONTROL LINE
1 LEVELS 11-13
SCALE: 1/16" = 1'-0"PROJECT NORTH
N
UP DNSTAIR D
UP
DN
STORAGE
ELEVATOR
LOBBY /
VIEWING
LOUNGE
ROOF DECK
1
2
3
4
5
6
7
8 9 10 11 12
13
14
15
SVC
ELEV
ROOF TERRACE
SUPPORT SPACE @ L11
LOUNGES @ L12 &L13
41'-9"
66
'
-
0
"
32
'
-
6
"
28
'
-
7
"
49
'
-
7
"
44'-3"32'-6"
4'
-
0
"
5'-0"
30'-0"
38
'
-
2
"
84
'
-
8
"
60
'
-
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"
36
'
-
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40
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ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
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AR94533
FLORIDA
2013.06.27
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LEVELS 11-13
T
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8"
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8"
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401
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OHW
OH
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401, 411, 421 S. GULFVIEW BLVD.
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ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
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AR94533
FLORIDA
2013.06.27
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PERSPECTIVES
2
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:
1
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=
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'
GROUND FLOOREL.= +4'-0"BASE FLOOD14'-0" NAVD LEVEL 2EL.= +20'-0"LEVEL 3EL.= +32'-0"LEVEL 4EL.= +44'-0"LEVEL 5EL.= +54'-8"LEVEL 6EL.= +65'-4"LEVEL 7EL.= +76'-0"LEVEL 8EL.= +86'-8"LEVEL 9EL.= +97'-4"LEVEL 10EL.= +108'-0"LEVEL 11EL.= +118'-8"LEVEL 12EL.= +129'-4"TOP OF ROOFEL.= +153'-4"TOP OF MECHANICALEL.= +168'-4"10'-0"12'-0"12'-0"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"13'-4"6'-0"LEVEL 13EL.= +140'-0"15'-0"154'-4"Building Height - 140'-0" Maximum
1
NO
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1
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=
2
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GROUND FLOOREL.= +4'-0"BASE FLOOD14'-0" NAVD LEVEL 2EL.= +20'-0"LEVEL 3EL.= +32'-0"LEVEL 4EL.= +44'-0"LEVEL 5EL.= +54'-8"LEVEL 6EL.= +65'-4"LEVEL 7EL.= +76'-0"LEVEL 8EL.= +86'-8"LEVEL 9EL.= +97'-4"LEVEL 10EL.= +108'-0"LEVEL 11EL.= +118'-8"LEVEL 12EL.= +129'-4"TOP OF ROOFEL.= +153'-4"TOP OF MECHANICALEL.= +168'-4"10'-0"12'-0"12'-0"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"13'-4"6'-0"154'-4"LEVEL 13EL.= +140'-0"15'-0"Building Height - 140'-0" Maximum GLASS RAILINGSYSTEMGARAGE OPENINGSPROTECTED BYBARRIER WALL
401, 411, 421 S. GULFVIEW BLVD.
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GROUND FLOOREL.= +4'-0"BASE FLOOD14'-0" NAVD LEVEL 2EL.= +20'-0"LEVEL 3EL.= +32'-0"LEVEL 4EL.= +44'-0"LEVEL 5EL.= +54'-8"LEVEL 6EL.= +65'-4"LEVEL 7EL.= +76'-0"LEVEL 8EL.= +86'-8"LEVEL 9EL.= +97'-4"LEVEL 10EL.= +108'-0"LEVEL 11EL.= +118'-8"LEVEL 12EL.= +129'-4"TOP OF ROOFEL.= +153'-4"TOP OF MECHANICALEL.= +168'-4"10'-0"12'-0"12'-0"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"13'-4"6'-0"LEVEL 13EL.= +140'-0"15'-0"154'-4"Building Height - 140'-0" Maximum
401, 411, 421 S. GULFVIEW BLVD.
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NORTH WEST CORNERSOUTH EAST CORNER
NORTH EAST CORNER SOUTH WEST CORNER
S O U T H GU LF V IEW B O U LE V ARD
FIFTH STREET
C O R O N A D O D R I V E
SOUTH GULFVIEW BOULEVARDCORONADO DRIVE
FIF T H S TR EET
40
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ITEM:DATE:
COL14.01
ISSUE DATE:
AL
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PROJECT TITLE:
ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
ISTVAN L. PETERANECZ
AR94533
FLORIDA
2013.06.27
CL
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A5_4
BUILDING
PERSPECTIVE
IMAGES
Alanik Hotel HDA2014‐06004 401 S Gulfview Blvd 2014
1
Attachment C
Alanik Hotel - Beach by Design Criteria
A. Density:
DESIGN RESPONSE:
The project will maintain an overnight accommodation density of 114 units per
acre based on a 1.994 acre parcel. This includes 127 base density units (vested
from a termination of non-conformity plus 100 additional units requested from the
Hotel Density Reserve via a Development Agreement. The total number of units
proposed for overnight accommodations is 227
B. Height & Separation:
The maximum base flood elevation on site is (VE) 14 feet. The maximum
allowable building height is 150 feet above the base flood elevation. The
proposed building height is 139 feet 4 inches above the base flood elevation, to
top of roof, and 154 feet 4 inches to top of roof top mechanical and stair towers.
1. Additional density is allocated to the development either by
transferred development rights, or via the Destination Resort
Density Pool pursuant to the CRD designation, or via the Hotel
Density Reserve where the subject property is located
between South Gulfview Boulevard and the Gulf of Mexico or
on the west side of Coronado Drive;
DESIGN RESPONSE:
In discussions with the City, it was determined that the existing 127 units are
vested.
2. portions of any structures which exceed one hundred feet
(100') are spaced at least one hundred feet (100') apart (with no
more than two (2) structures which exceed one hundred feet
(100') within five hundred feet (500'); or four (4) structures
which exceed one hundred feet (100') within eight hundred feet
(800') so long as the elevations of all structures which exceed
one hundred feet (100') when such structures are viewed from
the east do not occupy a total of forty percent (40%) of a north
south vertical plane which is parallel to the alignment of
Coronado and North Mandalay of the building envelope above
one hundred feet (100'); and
DESIGN RESPONSE:
The proposed structure falls within the above guideline in that no two structures,
over 100’ tall fall within 500 feet of each other. Sheet A2_8 shows the project
Alanik Hotel HDA2014‐06004 401 S Gulfview Blvd 2014
2
site and building footprint. The tower portion falls greater than 100 feet from a
proposed project to the East side of Coronado and only the new Adam’s Mark
building falls within the 800’ separation limit. Additionally, the proposed structure,
above 100’, is aligned perpendicularly to Coronado to align its least dimension
east to west. The elevations occupy 32% of the vertical plane to the north,
between the proposed Beachview and this project and 39% to the south,
between this project and the New Adam’s Mark property.
3. the floorplate of any portion of a building that exceeds forty-
five feet (45') in height is limited as follows: a) between forty-
five feet (45') and one hundred feet (100'), the floorplate will be
no greater than 25,000 square feet except for parking
structures open to the public; and b) between one hundred
feet (100') and one hundred fifty feet (150'), the floorplate will
be no greater than 10,000 square feet; and c) deviations to the
above floorplate requirements may be approved provided the
mass and scale of the design creates a tiered effect and
complies with the maximum building envelop allowance above
45’ as described in section C. 1.4 below
DESIGN RESPONSE:
The floor plates from 45’ to 100 feet are 23,028 square feet: less that the
permitted 25,000 square feet. The floor plate above 100 feet is 10,900 square
feet. To compensate for the additional 900 SF. Of the top 3 stories, the building
does considerable tiering on the north south axis as well as on the southern side
of the east west axis.
C. Design, Scale and Mass of Building:
1. Buildings with a footprint of greater than 5000 square feet or a
single dimension of greater than one hundred (100) feet will be constructed
so that no more than two (2) of the three (3) building dimensions in the
vertical or horizontal planes are equal in length. For this purpose, equal in
length means that the two lengths vary by less than forty (40%) of the
shorter of the two (2) lengths. The horizontal plan measurements relate to
the footprint of the building.
DESIGN RESPONSE:
The project site is an elongated rectangle with a panhandle portion of the lot to
the south east; the longer dimension of the site is approximately two to three
times as long as the shorter dimensions. The proposed building design follows
the site configuration, the resultant building foot print also has unequal legs with
the longer of the two, twice the length of the shorter. Vertically the building is
comprised of an L-shape with a three-story parking garage extending from the
towers along the length of the site along Coronado Drive.
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See attached plans and elevations,
2. No plane of a building may continue uninterrupted for greater
than one hundred linear feet (100’). For the purpose of this standard,
interrupted means an offset of greater than five feet (5’).
DESIGN RESPONSE:
The proposed design adds many horizontal steps in the building facades such
that no one surface is longer than 100 feet without a break in the façade. The
singular exception is along the eastern façade to accommodate the parking ramp.
The openings and facade treatment of the elevation along Coronado is further
articulated to assist in breaking the line of the façade resulting from the ramp.
This ramp length is similar to the City’s new parking garage on Coronado Drive.
3. At least sixty percent (60%) of any elevation will be covered
with windows or architectural decoration. For the purpose of this standard,
an elevation is that portion of a building that is visible from a particular
point outside the parcel proposed for development.
DESIGN RESPONSE:
In the proposed elevation design, each façade is composed of windows,
balconies, or otherwise articulated façade. The result is that over 60%
(Approximately 70%) of each façade is covered in windows and/or architectural
decoration.
See attached plans and elevations
4. No more than sixty percent (60%) of the theoretical maximum
building envelope located above forty-five feet (45’) will be occupied by a
building. However, in those instances where an overnight accommodations
use on less than 2.0 acres that has been allocated additional density via the
Hotel Density Reserve, no more than seventy-five percent (75%) of the
theoretical maximum building envelope located above forty-five feet (45’)
may be occupied by a building unless the property is located between
Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be
occupied by a building.
DESIGN RESPONSE:
The proposed design occupies approximately 22% of the “Theoretical Building
Envelope” above 45’. This is significantly less than the allowable 75%.
See attached plans and elevations,
5. The height and mass of buildings will be correlated to: (1) the
dimensional aspects of the parcel of the parcel proposed for development
and (2) adjacent public spaces such as streets and parks.
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DESIGN RESPONSE:
The building height is proposed at 139’-4”; this is in keeping with the 150’
allowable in this district. The height and mass of the building meet the design
standards of Beach by Design. The mass of the building allows for significant
landscape buffer areas as well as an enhanced landscape and hardscape areas.
See attached plans and elevations.
6. Buildings may be designed for a vertical or horizontal mix of
permitting uses.
DESIGN RESPONSE:
The building will be designed to provide restaurant, retail, and a mix of high end
overnight accommodation space.
D. Setbacks & Stepbacks:
1. Rights-of-way.
The area between the building and the edge of the pavement as existing
and planned should be sufficiently wide to create a pedestrian-friendly
environment. The distances from structures to the edge of the right-of-way
should be:
a) Fifteen feet (15') along arterials, and (Proposed 15.00’ on Coronado Drive)
b) Twelve feet (12') along local streets. (Proposed 15.00’ on 5th Street)
c) Zero feet (0’) on S. Gulfview Blvd.
DESIGN RESPONSE:
The design proposes a 15’ setback along 5th Street. Along Coronado
Drive a 10 foot setback is proposed although the building approaches the 10 foot
line in one location only. Because of the curved property line and the angled
building line along Coronado Drive the majority of the building is actually
significantly behind the 15’ setback line. Only 25% of the building is in front of
the 15’ line and the average setback is near 16 feet. Approximately 34% of the
Coronado Drive frontage sets back nearly 19’.
By pulling the building to the 10 foot setback line, we are able to reduce
the buildings garage height to three stories (two elevated).
We are also proposing a 0’-0” setback along the western property line,
along South Gulfview and Beach Walk. There is considerable “Public Realm” in
this area with Beach Walk and the additional 35’ of open space of the former
Gulfview Blvd Right of Way.
2. Side and Rear Setbacks
Except for the setbacks set forth above, no side or rear setback lines are
recommended, except as may be required to comply with the City’s Fire Code.
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DESIGN RESPONSE:
Side and Rear Setbacks Side and rear setbacks shall be governed by the
provisions of the Tourist District of the Community Development Code unless
otherwise prescribed in the applicable Character District provisions contained in
Section II., Future Land Use.
3. Coronado and Hamden Drive Setbacks and Stepbacks.
To reduce upper story massing along the street and ensure a human scale
street environment, buildings using the hotel density reserve along
Coronado Drive and Hamden Drives shall be constructed in accordance
with the following:
a. Buildings constructed with a front setback of
fifteen feet (15’) or more shall stepback with a
minimum depth of fifteen feet (15’) from the
setback line at a height not more than twenty-five
feet (25’).
DESIGN RESPONSE:
We are proposing a 10’ minimum building setback. Please see response to
Section b, following.
b. Buildings constructed with a front setback greater
than or equal to ten feet (10’) and less than fifteen
feet (15’) shall stepback at a height not more than
twenty feet (20’). The required stepback/ setback
ratio is one and one-half feet (1.5’) for every one
foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
The proposed building has the requisite additional 15’ to 20’ stepbacks, from the
setback line, at the 20’ height (above BFE) for significant portions of the building
frontage along Coronado Drive. Approximately 78% of the building along
Coronado Drive is the three story garage and is between 20’ and 30’ in Height.
Please see Elevations, plans, and isometric massing study A5_5.
a. Buildings constructed with a front setback of less than ten feet (10’)
shall provide a building stepback required stepback/ setback ratio is
two and one-half feet (2.5’) for every one foot (1’) reduction in setback
in addition to the minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
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b. To achieve upper story facade variety and articulation, additional
stepbacks may be required. To avoid a monotonous streetscape, a
building shall not replicate the stepback configuration of the
neighboring buildings including those across rights-of-way.
DESIGN RESPONSE:
The proposed design does not mimic or mirror the existing buildings. The
neighboring building across Coronado Drive has its primary façade and
commercial face along Coronado. This proposal backs to Coronado and
presents it’s low, minor façade to Coronado.
c. Required stepbacks shall span a minimum of 75% of the building
frontage width.
DESIGN RESPONSE:
The required stepbacks span approximately 77% of the building frontage. The
proposed design brings certain appropriate and reasonable portions of the
building forward to create appropriate mass and presence along Coronado Drive.
E. Street-Level Facades
The human scale and aesthetic appeal of street-level facades, and their
relationship to the sidewalk, are essential to a pedestrian-friendly
environment. Accordingly:
1. At least sixty percent (60%) of the street level facades of buildings used for
nonresidential purposes which abut a public street or pedestrian access
way, will be transparent. For the purpose of this standard:
a) street level facade means that portion of a building facade from ground
level to a height of twelve feet (12')
DESIGN RESPONSE:
At least 60% of the street level facades are transparent. This building is in the VE
flood zone, so the building infill needs to be of a permeable nature. The facades
include significant amount of open colonnade at the building entry on 5th, and
along Coronado Drive around the perimeter of the building the view into the
garage is decoratively screened. See attached plans and elevations,
b) transparent means windows or doors that allow pedestrians to see into:
i. the building, or ii. landscaped or hardscaped courtyard or plazas,
where street level facades are set back at least fifteen feet (15') from the
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edge of the sidewalk and the area between the sidewalk and the facade is a
landscaped or hardscaped courtyard
DESIGN RESPONSE:
The buildings step back 15 feet or more from all three street front facades, so the
streetscapes are effectively 100% transparent. See attached plans and
elevations,
c) Parking structures should utilize architectural details and design elements
such a false recessed windows, arches, planter boxes, metal grillwork, etc.
instead of transparent alternatives. When a parking garage abuts a public
road or other public place, it will be designed such that the function of the
building is not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the 2nd level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. See
attached plans and elevations,
2. Window coverings, and other opaque materials may cover not more than
10% of the area of any street-level window in a nonresidential building that
fronts on a public right-of way.
DESIGN RESPONSE:
Not more than 10% of the area of any street-level windows are opaqued,
3. Building entrances should be aesthetically inviting and easily identified.
Goods for sale will not be displayed outside of a building, except as a
permitted temporary use. This standard does not apply to outdoor food
service establishments.
DESIGN RESPONSE:
Acknowledged,
4. Awnings and other structures that offer pedestrians cover from the
elements are recommended. Awnings help define entryways and provide
storefront identity to both pedestrians and drivers.
DESIGN RESPONSE:
The design proposes a cantilevered awning and canopy on the 5th Street hotel
entry. These façade articulations will serve to identify the available hotel activity
areas and entrances.
See attached plans and elevations
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F. Parking Areas
To create a well-defined and aesthetically appealing street boundary, all
parking areas will be separated from public rights of way by a landscaped
decorative wall, fence or other opaque landscape treatment of not less than
three feet (3’) and not more than three and one-half feet (3½’) in height.
Surface parking areas that are visible from public streets or other public
places will be landscaped such that the parking areas are defined more by
their landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots.
However, care should be taken to choose trees that do not drop excessive
amounts of leaves, flowers, or seeds on the vehicles below. Entrances to
parking areas should be clearly marked in order to avoid confusion and
minimize automobile-pedestrian conflicts. Attractive signage and changes
to the texture of the road (such as pavers) are recommended. When a
parking garage abuts a public road or other public place, it will be designed
such that the function of the building is not readily apparent except at
points of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. See
attached plans and elevations,
G. Signage
Signage is an important contributor to the overall character of a place.
However, few general rules apply to signage. Generally, signage should be
creative, unique, simple, and discrete. Blade signs, banners and sandwich
boards should not be discouraged, but signs placed on the sidewalk
should not obstruct pedestrian traffic.
DESIGN RESPONSE:
Signage shall be designed per code and submitted for approval along with the
building permit.
H. Sidewalks
Sidewalks along arterials and retail streets should be at least ten feet (10’)
in width. All sidewalks along arterials and retail streets will be landscaped
with palm trees, spaced to a maximum of thirty-five feet (35') on centers,
with “clear grey” of not less than eight feet (8'). Acceptable palm trees
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include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera
‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks
along side streets will be landscaped with palms (clear trunk of not less
than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-
five feet (35') on centers. Portions of required sidewalks may be improved
for nonpedestrian purposes including outdoor dining and landscape
material, provided that:
1. Movement of pedestrians along the sidewalk is not obstructed; and non-
pedestrian improvements and uses are located on the street side of the
sidewalk. Distinctive paving patterns should be used to separate
permanent sidewalk café improvements from the pedestrian space on the
sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving
should also be used to mark crosswalks.
DESIGN RESPONSE:
Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and
shall be submitted for approval at DRC application.
I. Street Furniture and Bicycle Racks
Street furniture, including benches and trash receptacles should be
liberally placed along the sidewalks, at intervals no greater than thirty
linear feet (30') of sidewalk. Bicycle racks should also be provided,
especially near popular destinations, to promote transportation
alternatives. Complicated bicycle rack systems should be avoided. The
placement of street furniture and bicycle racks should not interrupt
pedestrian traffic on the sidewalk.
DESIGN RESPONSE:
Street Benches and trash receptacles area proposed along Coronado Drive and
Beachwalk and shall be designed per code and submitted for approval at building
permit.
J. Street Lighting
Street lighting should respond to the pedestrian-oriented nature of a tourist
destination. In this context, it should balance the functional with the
attractive – providing adequate light to vehicular traffic, while
simultaneously creating intimate spaces along the sidewalks. Clearwater’s
historic lighting is an attractive, single-globe fixture atop a cast-iron pole.
DESIGN RESPONSE:
Street lighting shall be designed per code and submitted for approval at building
permit.
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K. Fountains
Fountains provide attractive focal points to public spaces and add natural
elements to urban environments. They should be interesting, engaging and
unique. While it is important not to overburden architectural creativity
regarding fountains, they should meet at least the following standards in
order to be a functional and attractive component of the public space:
1. They should be supplemented with street furniture such as benches and
trash receptacles, and
2. They should have rims that are:
a. Tall enough to limit unsupervised access by small children,
and
b. Wide enough to permit seating. Fountains should be
encouraged in landscaped and hardscaped courtyards and plazas.
DESIGN RESPONSE:
There are no fountains planned for the property, at this time.
L. Materials and Colors
1. Facades
Finish materials and building colors will reflect Florida or coastal
vernacular themes. All awnings should contain at least three (3) distinct
colors. Bright colors will be limited to trims and other accents. Glass
curtain walls are prohibited.
DESIGN RESPONSE:
The design is primarily white stucco with some blue-gray accent surfaces. All
colors are anticipated to follow the BbD color palate.
2. Sidewalks: Sidewalks will be constructed of:
a. Pavers;
b. Patterned, distressed, or special aggregate concrete;
Or
c. Other finished treatment that distinguishes the sidewalks from typical
suburban concrete sidewalks. Materials should be chosen to minimize the
cost and complexity of maintenance.
DESIGN RESPONSE:
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Proposed sidewalks will be designed using several coordinating paver styles as
well as concrete.
3. Street Furniture: Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its surroundings.
DESIGN RESPONSE:
Concrete street benches are being proposed along Coronado Drive. Designs
shall be coordinated with City staff.
4. Color Palette
A recommended palette for building colors is presented on the following
page.
DESIGN RESPONSE:
The building shall utilize the BbD color palates.