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08/20/2015
Thursday, August 20, 2015 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda August 20, 2015City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available . Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 End of Session Report - Representative Chris Latvala 4.2 Sugar Sand Presentation 4.3 Southeastern Guide Dogs (SEGD) - Stephanie Miller with Century 5. Approval of Minutes 5.1 Approve the minutes of the August 6, 2015 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 8/19/2015 August 20, 2015City Council Meeting Agenda 7.1 Approve funding in the amount of $100,000 for the implementation of Clearwater Business SPARK!, per the Memorandum of Understanding approved by Council dated May 2015, to be funded from the Urban Land Institute (ULI) Report Implementation Special Program (181-99888). (consent) 7.2 Declare list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Developer Agreement with NNP-Bexley, LLC; approve a Template form of Developer/Builder Agreement; accept a Gas Main and Utility Easement for the subject development property; authorize the Gas System Managing Director, or designee, to approve future Developer/Builder Agreements in substantially similar format; and authorize the appropriate officials to execute same. (consent) 7.4 Approve an Encroachment Agreement with Florida Gas Transportation, LLC, for the installation of a natural gas distribution main across their existing easement and authorize the appropriate officials to execute same. (consent) 7.5 Approve an Underground Pipeline Right-of-Way Utilization Agreement with Duke Energy of Florida, Inc. for the installation of a natural gas distribution main across their existing Transmission Right-of-Way and authorize the appropriate officials to execute same. (consent) 7.6 Approve a contract (purchase order) between the City of Clearwater and the Bureau of Business Enterprises (BBE), Division of Blind Services, for a two-year period, with an option to renew for one additional two-year period, to provide employees and residents with healthy snack vending services to promote a culture of wellness citywide and authorize the appropriate officials to execute same. (consent) 7.7 Approve a 1-year Partnership and Operational Support Agreement from October 1, 2015 through September 30, 2016 and five one-year renewal options, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities, and authorize the appropriate officials to execute same. (consent) 7.8 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract) with Decade Sea Captain, LLC for the sale of city-owned property located at 41 Devon Drive, Clearwater and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) Page 3 City of Clearwater Printed on 8/19/2015 August 20, 2015City Council Meeting Agenda 7.9 Award a Construction Contract to Gator Grading and Paving of Palmetto Florida for the 2015 Street Resurfacing Project (14-0051-EN) in the amount of $2,500,863.85, which is the lowest responsible bid received in accordance with the plans and specification which states work is to be awarded on a unit price basis, and authorize the appropriate officials to execute same. (consent) 7.10 Approve Purchase Order and Legal Services Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental matters for a five-year period, in the amount of $250,000.00 and authorize the appropriate officials to execute same. (consent) 7.11 Approve Supplemental Work Order Seven to Reuben Clarson Consulting in the amount of $50,000.00 for continuation of design and inspection services of citywide Seawall Replacements, and authorize the appropriate officials to execute same. (consent) 7.12 Approve a Work Order to Engineer of Record (EOR) Jones Edmunds and Associates, Inc. for Engineering Services at Northeast Water Reclamation Facility (WRF) Blend Tank Improvements (14-0036-UT) in the amount of $159,500.00, and authorize the appropriate officials to execute same. (consent) 7.13 Approve agreement for professional external audit services for five fiscal years ending September 30, 2015 through 2019, with the accounting/auditing firm of Cherry Bekaert LLP, for a not-to-exceed amount of $686,400, and authorize the appropriate officials to execute same. (consent) 7.14 Establish the budget for the Sailing Center Upgrades and Improvements Capital Improvement Program, project 0315-93424, approve a transfer from General Fund Reserves in the amount of $75,000, and authorize the appropriate officials to execute same. (consent) 7.15 Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City’s option (Invitation to Bid 44-15) with Recycling Perks LLC of Norfolk, VA in the initial annual amount of $158,736 for a recycling incentive program, as provided in the Clearwater Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 7.16 Reschedule the October 1, 2015 council meeting to begin at 7:00 p.m. (consent) Public Hearings - Not before 6:00 PM Page 4 City of Clearwater Printed on 8/19/2015 August 20, 2015City Council Meeting Agenda 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Declare surplus for the purpose of sale, through Invitation to Bid 58-15, real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East whereby the successful bidder will combine the property with adjoining land for meaningful development and use. 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Aloha Lane, 1245 Palm Street and 1223 Union Street, together with certain abutting right-of-way of Union Street; and pass Ordinances 8750-15, 8751-15 and 8752-15 on first reading. (ANX2015-06016) 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2101 and 2155 Burnice Drive; and pass Ordinances 8753-15, 8754-15 and 8755-15 on first reading. (ANX2015-06017) 8.4 Approve the first amended and restated Development Agreement between PV-Pelican Walk LLC (the property owner) and the City of Clearwater for the property located at 483 Mandalay Avenue; approve the first amendment to the Purchase Agreement between PV-Pelican Walk LLC and the City of Clearwater, and pass Resolution 15-16. (DVA2014-06001A) 8.5 Approve the first amendment to a Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) and the City of Clearwater for property located at 401 South Gulfview Boulevard, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, revises the overall height of the proposed building and sets a new date by which time site plan approval must be obtained; adopt Resolution 15-19, and authorize the appropriate officials to execute same. (HDA2015-06001) 9. City Manager Reports Page 5 City of Clearwater Printed on 8/19/2015 August 20, 2015City Council Meeting Agenda 9.1 Approve reallocating the City of Clearwater’s Qualified Energy Conservation Bond authority back to the State of Florida and adopt Resolution 15 - 17. 9.2 Increase the residential and commercial Stormwater Utility rate by 1.25% to $14.33 per Equivalent Residential Unit (ERU) beginning October 1, 2015; to $14.51 per ERU beginning October 1, 2016; to $14.69 per ERU beginning October 1, 2017; to $14.87 per ERU beginning October 1, 2018; to $15.06 per ERU beginning October 1, 2019; and pass Ordinance 8765-15 on first reading. 9.3 Authorize staff to submit a 2015/16 Florida Highway Beautification Council Grant (FHBCG) for the beautification of medians on Missouri Avenue from Court Street to Belleair Road, establish a new Capital Improvement Project, Missouri Avenue Median Beautification (315-93322), authorize a third quarter amendment transferring $190,000 from General Fund Reserves, and adopt Resolution 15-22. 9.4 Approve an Extension and Clarification Agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. (Redflex), to extend the current Agreement for a two-year period, until October 30, 2017 and authorize the appropriate officials to execute same. 9.5 Appoint seven members to the Public Nuisance Abatement Board with terms to expire August 31, 2019. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1574 Agenda Date: 8/20/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: End of Session Report - Representative Chris Latvala SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1573 Agenda Date: 8/20/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Sugar Sand Presentation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1606 Agenda Date: 8/20/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Southeastern Guide Dogs (SEGD) - Stephanie Miller with Century SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1620 Agenda Date: 8/20/2015 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 6, 2015 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/19/2015 City Council Meeting Minutes August 6, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, August 6, 2015 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Vice Mayor Jay E. Polglaze Also Present: Jill Silverboard – Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order The meeting was called to order at 6:03 p.m. 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Diversity Leadership Council Poster Contest Winners - LaShante Keys and Bill Buzzell Messrs. Keys and Buzzell recognized finalists in each age category and presented prizes to the contest winners. 4.2 USSSA State Champions 5. Approval of Minutes 5.1 Approve the minutes of the July 13, 2015 Special City Council Meeting and the July 16, 2015 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the July 13, 2015 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and Page 2 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 carried unanimously. Councilmember Jonson moved to approve the minutes of the July 16, 2015 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda – None. 7. Consent Agenda – Approved as submitted. 7.1 Approve blanket purchase orders (contracts) per Invitation to Bid 08-14 and miscellaneous quotes, in the total annual amount of $375,000 for Landscaping Services, as required by the Parks and Recreation Department, and authorize the appropriate officials to execute same. (consent) 7.2 Approve contract (blanket purchase order) for pressure washing services to Sunshine Cleaning Systems, Inc., of Ft. Lauderdale, FL, in the annual amount of $50,000 (Invitation to Bid 49-15), and two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) 7.3 Approve increasing Capital Improvement Project 315-93633, Pier 60 and Beach Walk Repairs and Improvements, by $335,000 to provide funding for the refurbishment of the concrete walkways associated with Beach Walk, approximately 177,450 sq. ft., to be funded by the transfer of $335,000 from general fund reserves at third quarter. (consent) 7.4 Approve an increase to the Performance Agreement (blanket purchase order) with Data Ticket Inc. for processing parking violations in the amount of $238,272 for years one through three and authorize the appropriate officials to execute same. (consent) 7.5 Approve a blanket purchase order in the first-year amount of $70,000 to Parkmobile of Atlanta, Georgia, for reimbursement of transaction fees for mobile parking, and years two through five with authorized increases during the contract term for total of $520,912.00; and authorize the appropriate officials to execute same. (consent) 7.6 Approve an increase to Florida Department of Transportation (FDOT), in the amount of $78,753.23, for the Joint Participation Agreement (JPA) between FDOT and the City of Clearwater for SR 590 from West of Marilyn Street to East of Audrey Drive Improvement Project; and authorize the appropriate officials to execute same. (consent) 7.7 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the Reverse Osmosis Water Treatment Plant 1 High Service Pump Station Electrical Page 3 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Improvements Project (14-0024-UT) in the amount of $258,447.20, which is the lowest bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of $225,000 for the purchase of replacement hydraulic parts and repairs for vehicles and equipment used by city departments during the contract period August 3, 2015 through August 10, 2016, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q, and authorize the appropriate officials to execute same. (consent) 7.9 Award a contract (blanket purchase order) to Jet Age Fuel, Inc. of Clearwater, FL, in the annual amount of $3,100,000 for the purchase of unleaded and diesel fuel for city motorized equipment, including two one-year renewal terms at the City's option, and authorize the appropriate officials to execute same. (consent) 7.10 Appoint Councilmember Jonson to be the official voting delegate at the Florida League of Cities’ Annual Conference, August 13-15, 2015. (consent) Councilmember Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Provide direction on the proposed first amendment to an existing Development Agreement between Alanik Properties; Anco Holdings; Nikana Holdings, LLC (the property owners) and the City of Clearwater for property located at 401 South Gulfview Boulevard, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, revises the overall height of the proposed building and sets a new date by which time site plan approval must be obtained and confirm a second public hearing in City Council Chambers before City Council on August 20, 2015 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2015-06001) Body: Site Location and Existing Conditions: The 1.994-acre site is bound by South Gulfview Boulevard (west), Coronado Drive (east), and 5th Street (north). The subject property is comprised of five parcels with a frontage of approximately 350 feet along South Gulfview Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along 5th Street. The site is occupied by two hotels with a combined total of 227 hotel rooms and a small retail store. The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Beach Page 4 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Walk District of Beach by Design. Access to the site is generally provided by several driveways along South Gulfview Boulevard (including the South Gulfview Boulevard frontage road) and Coronado Drive. A drop curb along 5th Street runs along the north side of the site providing parking spaces which exist partially within and back out into the 5th Street right-of-way. Building frontage is generally located along South Gulfview Boulevard (and its frontage road) and 5th Street. The larger area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The immediate area is characterized by two to 15 story hotels. A five-story attached dwelling is located at the northeast corner of Bayside Drive and Hamden Drive. Detached dwellings are located farther along the length of Bayside Drive. The properties located along Hamden Drive are developed with attached dwellings and overnight accommodation uses. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north and south of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Development Proposal: The site was the subject of the Level II Flexible Development request approval (FLD2005-07068) which included, among other items, a request for a Termination of Status of Nonconformity to permit 127 hotel units (63.69 units per acre) to be considered conforming when the otherwise permitted number of hotel units was 97 units (50 units per acre). That portion of the request is considered vested. The site was also the subject of a Level III Development Agreement (HDA2014-06004/Resolution 14-29) approved by City Council on September 18, 2014. The owners continue to 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). The current request includes a new conceptual site plan and accompanying building elevations (exhibit B) and changes to the Development Agreement. The changes to the Development Agreement are listed below however; the conceptual site plan and building elevations have been completely reworked. Development Agreement Section 4.4: Increases the height of the building from approximately 140 feet to 150 feet. Section 6.1.3.2: Changes the date by which site plan approval must be obtained to six months from approval of the amended Development Agreement. It should be noted that September 18, 2015 is the original date Page 5 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 by which site plan approval is to be obtained. This amended Development Agreement will result in that date being February 20, 2016. The current proposal is to demolish all structures on the site and build a single 15-floor hotel with 227 hotel rooms. The building will be 150 feet (from Base Flood Elevation) to flat roof with the parking on the first six levels of the building. The parking spaces on the sixth floor are covered but essentially exterior spaces. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via four driveways. Two driveways provide access to the parking component of the project and both include two-way traffic movements; one driveway is located at the southeast corner of the site along Coronado Drive and the second is centrally located along the north side of the site along 5th Street. A third driveway is located at the northeast corner of the site along Coronado Drive and is dedicated for service uses such as loading and solid waste. The fourth driveway is a right-in/right-out pair located at the southwest corner of the site along South Gulfview Boulevard. The driveway provides direct access to the drop-off area in front of the lobby on the second floor. The primary entrance and lobby of the building will be located along South Gulfview Boulevard on the second floor. Direct access to this floor is proposed to be provided by a series of terraced steps which will form a grand entrance into the hotel providing for a seamless transition between the subject site and Beach Walk. Because this terrace feature is located mostly within the South Gulfview Boulevard right-of-way it will need to be reviewed and approved at a later date through the development review process. As noted, the first six floors of the building will contain a parking garage. In addition to parking, the ground floor also includes various back-of-house service uses. The second floor includes various back-of-house service uses as well as the main lobby, and a 2,373 square foot restaurant. The third floor includes additional support services and hotel office space. The fourth floor includes a kitchen and meeting and conference spaces as well as an outdoor pool and patio located along the south side of the building overlooking Beach Walk and the Gulf. The fifth floor includes mechanical equipment and storage space and 10 hotel rooms. The sixth floor begins the tower component of the building and includes 19 hotel rooms. The remaining floors are dedicated to hotel rooms. Consistency with the Community Development Code (CDC): Page 6 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 86,880 square feet in area and approximately 450 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet along the front (west) along South Gulfview Boulevard/Beach Walk, 15 feet along the front (north and east) along 5th Street and Coronado Drive, respectively, side (south) setbacks of 10 feet and a side (west) setback of five feet. The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 150 feet in height as measured from BFE where a height of up to 150 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application) and limited by Beach by Design. The proposal provides for a building which exceeds 100 feet in height. The applicant has demonstrated that there are no more than two structures which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1, above. In addition, the applicant has demonstrated that there are no more than four structures which exceed 100 feet within 800 feet thereby fulfilling the requirements of Option 2, above. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 227-room overnight accommodation use requires a minimum of 272 off-street parking spaces. A parking garage located on the first six levels of the building will provide a minimum of 272 spaces. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Page 7 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Staff has noted that there are instances where the tower component of the project exceeds 100 linear feet without an offset of greater than five feet contrary to Section C.2 of the Beach by Design Design Guidelines. Two instances occur along the west façade of the portion of the building which contains the parking garage component on the south side of the site. The tower component also includes facades which exceed the 100 foot limitation. The Design Guidelines provide that they are intended to be administered in a flexible manner to achieve the height quality built environment for the beach. Staff believes that the former scenario is acceptable because this façade is effectively hidden by the adjacent property to the west. Staff also believes that the latter scenario is also acceptable because the portions of the building which directly relate to the pedestrian realms surrounding the site provide a great deal of articulation and visual interest. The tower component is mostly visibly and visually effective from a distance where larger buildings planes are aesthetically consistent with the scale of that portion of the building. In other words, since the tower will be mostly viewed and appreciated from a greater distance than the base longer building planes associated with the tower are proportionally appropriate. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing 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 no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2014- 06004/Resolution 14-29); Page 8 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; Requires the developer to obtain building permits within six months of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Planner Mark Parry said no changes to the application or submitted materials have been made since Monday’s work session. He reviewed the request before Council. Mr. Parry said there is only 7 ft. of space available in the right-of-way for sidewalk. Staff has been directed to match the sidewalks set in place along Coronado Drive for continuity. The stub-out is a remnant of the original Gulfview Boulevard right-of-way; the exact design in that portion will be discussed during the site plan approval process. The City would prefer to maintain whatever is built in the right-of-way, which will be maintained at the same level and schedule as Beachwalk. Applicant representative Brian Aungst, Jr. reviewed the request. The site will be a key part of the Beachwalk experience and will be Oceans Property newest development on Clearwater Beach. In response to questions, Mr. Aungst said the Applicant can accommodate a wider sidewalk if the City desires but the sidewalk must be consistent with the adjacent property. Widening the sidewalk will also impact the landscaping and proposed building aesthetics. The Applicant prefers the sidewalk be consistent with the adjacent properties. Mr. Parry said there is a 15 ft. setback requirement from the right-of-way line. Widening the sidewalk would require taking a portion of the Applicant’s property to use as part of the sidewalk, which is more of an easement. Planning and Development Director Michael Page 9 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Delk said staff has not required a right-of-way dedication; looking at it from a development approval process, staff operates within the existing right-of-way. The request will go back to the Community Development Board (CDB) for approval. The Applicant could choose to incorporate a wider sidewalk at CDB. Concerns were expressed that the 7-ft. wide sidewalk will not be pedestrian friendly. It was stated that other developers have not been required to widen sidewalks beyond 7 ft. Councilmember Hock-DiPolito moved to confirm a second public hearing in City Council Chambers before City Council on August 20, 2015 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8731-15 on second reading, annexing certain real properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, together with certain rights-of-way of North Terrace Drive, Lucas Drive and Diane Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8731-15 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8731-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.2 Adopt Ordinance 8732-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Preservation (P) / Drainage Feature Overlay. Ordinance 8732-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8732-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze Page 10 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 9.3 Adopt Ordinance 8733-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). Ordinance 8733-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8733-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.4 Adopt Ordinance 8734-15 on second reading, annexing certain real property whose post office address is 1472 Grove Circle Court, Clearwater, Florida 33755, together with all right-of-way of Grove Circle Court, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8734-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8734-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.5 Adopt Ordinance 8735-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1472 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8735-15 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8735-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.6 Adopt Ordinance 8736-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1472 Grove Circle Court, Page 11 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8736-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8736-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.7 Adopt Ordinance 8737-15 on second reading, annexing certain real property whose post office address is 2052 The Mall, Clearwater, Florida 33755, together with all right-of-way of The Mall, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8737-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8737-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.8 Adopt Ordinance 8738-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2052 The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8738-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8738-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.9 Adopt Ordinance 8739-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2052 The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8739-15 was presented and read by title only. Vice Page 12 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Mayor Polglaze moved to adopt Ordinance 8739-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.10 Adopt Ordinance 8740-15 on second reading, annexing certain real property whose post office address is 2117 Burnice Drive, Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8740-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8740-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.11 Adopt Ordinance 8741-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2117 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8741-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8741-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.12 Adopt Ordinance 8742-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2117 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8742-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8742-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze Page 13 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 9.13 Adopt Ordinance 8745-15 on second reading, vacating a portion of that certain utility easement four feet in width along the rear of Lots 1, 2, 8 and 9 of Glenwood Estates Addition as recorded in Plat Book 9, Page 56 of the Public Records of Pinellas County, Florida. Ordinance 8745-15 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8745-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.14 Adopt Ordinance 8748-15 on second reading, amending the Clearwater Code of Ordinances Chapter 32 Utilities, Article VII Solid Waste Management, updating definitions, trash collection frequency and practice exemptions, private roll-off hauler reporting, yard waste and unincorporated collection; amend Appendix A - Schedule of Fees, Rates. In response to questions, Assistant City Manager Jill Silverboard confirmed that the $400,000 -500 000 savings is already in the rate; the 3.75% rate increase would have been higher if once a week pick-up was not implemented. Solid Waste/General Services Assistant Director John Pittman said the 3.75% rate equated to a $0.92 monthly increase for solid waste service and $.09 monthly increase for recycling service. The Department is asking residents to recycle more as the Department is still collecting the same amount of material in the black barrels. Ms. Silverboard said delaying implementation of the once a week collection will impact the revenue stream and that the Department is dependent upon the proposed operational savings. Delaying the implementation for a couple of months will not be something the enterprise could not manage. The proposed start date is scheduled after the holidays and during the time of year when Clearwater is mostly a resident community and tourism is not at its peak. Mr. Pittman said the once-a-week pick up will reduce the number of vehicles on the street and allow a savings that will be captured for the proposed transfer station improvement. Ordinance 8748-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8748-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 14 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.15 Adopt Ordinance 8749-15 on second reading, vacating a portion of that certain 10 foot drainage and utility easement along the read of Lot 13 as described in the plat titled “Northwood West” as recorded in Plat Book 85, Page 2, of the Public Records of Pinellas County, Florida. Ordinance 8749-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8749-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 10. City Manager Reports 10.1 Direct staff to allocate $2,580,000 from undesignated Penny III projects to Capital Project 315-93251, Morningside Recreation Center, in fiscal year 2016/17, for the construction of a new 22,000 sq. ft. recreation center, for the Penny for Pinellas projects special hearing scheduled for September 3, 2015. The Morningside Recreation Complex is located strategically in the Southeast portion of Clearwater. The current amenities include swimming pools with bathhouse, playground, tennis and basketball courts, racquetball/handball courts and other park amenities. What is missing is an indoor recreation Center that can be used by residents in this quadrant of the City. In 1960’s the developers of the Morningside Subdivision constructed a restaurant/clubhouse for use by the residents which in turn was sold and used as a restaurant/bar and ultimately purchased by the City in 1980 and converted to a recreation center. Knowing that the building and converted recreation center was coming to the end of its life, the City included $3.1 million in the Penny for Pinellas II project list to replace the Morningside Center. The original budget was established in 1997 and was intended to construct a recreation center similar to the Countryside Recreation Center. With the passage of time, the cost of construction increased by 100% from $100 per sq. ft. to $200 per sq. ft. With rising costs and a downturn in the economy in 2008, a decision had to be made regarding the disposition of the center. The following options were considered by the City Council. Page 15 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 1. Demolish the existing center and do not replace with another center. Convert the vacant land and renovate the existing parkland into an improved neighborhood park. $600,000 2. Continue to use the existing facility and make needed repairs and renovations as needed. $1,500,000 3. Construct a new neighborhood center of approximately 14,500 sq. ft. $3,100,000 4. Construct a new community center of approximately 25,000 sq. ft. $6,000,000 After much input from the community and staff, a decision was made by the City Council to accept option 1: to remove the building and invest in outdoor improvements at the park including, tennis courts, playground, sidewalks, landscaping etc. The citizens of Clearwater and the residents of Morningside and the southeastern portion of the City have always supported the construction of a new recreation center and have been diligent to keep the issue at the forefront of their discussions with staff and Council. There is currently a balance of $2,894,386 of Penny for Pinellas II funds remaining in CIP project 315-93251 for use at the Morningside Recreation Complex. Staff is proposing that Council reconsider the possibility of funding and supporting a new recreation center in Morningside. Staff is recommending the construction of a recreation center similar in size to the Ross Norton Recreation and Countryside Recreation Centers (approximately 22,000 sq. ft.). The facility would consist of gymnasium, multipurpose rooms, fitness room, classroom, restrooms and lobby. The new center could be constructed in a manner to combine entrance to the pool and center into one lobby thus reducing operating costs. Summary of costs: • Construction Costs: Building (22,000 sq. ft. x $225/sq. ft.) $4,950,000 FF&E 150,000 Soft Costs (7% of building cost) 370,000 Total $5,470,000 Funds available: CIP 315-93251 Morningside Recreation Center $2,894,386 Funds needed for project $2,575,614 Recommended funding source for shortfall to come from undesignated Penny for Pinellas III projects in fiscal year 2016/17 in the amount of $2,580,000. Page 16 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 • Operating Costs: Operating costs, programming and revenue generated will be similar to Countryside Recreation Center. Based on this model the annual subsidy to the center will be as follows: Annual operating costs $600,000 Annual revenue generated $225,000 Annual City subsidy $375,000 It should be pointed out that this operating budget represents the addition of 9 new FTE (Full Time Equivalent) positions. Proposed timeline for project: Fiscal Year 2015/16: • Project design, permitting, bidding Fiscal Year 2016/17: • October 2016 - Begin construction Fiscal Year 2017/18: • 1st quarter of Fiscal Year 18 - Open facility In response to questions, Parks and Recreation Director Kevin Dunbar said during 2006 and 2009, the Department identified 4.5 additional FTEs were needed for a new Morningside Recreation Center. In 2015, the Department identified that 9.5 FTEs would be needed to operate a new recreation center; the additional FTEs include summer camp staff. Staff estimates it would cost approximately $600,000 to operate the new facility and anticipates $225,000 in revenue to offset costs. Staff anticipates the new facility would include senior programming. Mr. Dunbar said JWB grants would not be secured for that zip code. There is no conceptual plan for the proposed facility; cost estimates are based on the proposed square footage. The Department uses a radius of mileage model to determine how individuals can access recreation facilities. If Council approves the agenda item, funding for the new Morningside Recreation Center will be included in the Penny for Pinellas (Penny) Project List public hearing in September. Mr. Dunbar said staff anticipates the construction contract would be presented to Council in October 2016. The new facility will be 3 miles away from the Long Center. One individual spoke in support. Discussion ensued with concerns expressed regarding the timing of the proposed recreation center, allocating funds to a project with no conceptual plan, and that the project was not included in the City Manager’s proposed budget or current capital improvement plan. Comments were made that the promise for a new recreation center to the neighborhood is overdue. Assistant City Manager Jill Silverboard said there is a placeholder for the Page 17 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 Morningside Recreation Center in Penny 2 funds. Staff periodically reviews the list to seek council direction regarding any changes to the Penny Project List. The Penny 3 funds to be used is a $7 million-line item that was originally identified for the replacement of City Hall. The City Manager would not bring an item to Council if the City was not in a position to balance operation of the center moving forward. Vice Mayor Polglaze moved to direct staff to allocate $2,580,000 from undesignated Penny III projects to Capital Project 315-93251, Morningside Recreation Center, in fiscal year 2016/17, for the construction of a new 22,000 sq. ft. recreation center, for the Penny for Pinellas projects special hearing scheduled for September 3, 2015. The motion was duly seconded and upon the vote being taken: Ayes: 3 - Mayor Cretekos, Vice Mayor Polglaze and Councilmember Hamilton Nays: 2 - Councilmember Hock-DiPolito and Councilmember Jonson Motion carried. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Hamilton wished his spouse, Sheryl, a Happy Birthday. Councilmember Jonson said he believed Council could benefit from a workshop to discuss visioning and bounce ideas off one another. The Sunshine Law prohibits the exchange of ideas outside a public meeting. He attended a PSTA legislative committee meeting where it was mentioned to make an airport express service from Clearwater beach to Tampa International Airport a priority. He congratulated Councilmember Hock-DiPolito on her appointment to the Sheriff’s Coordinating Council and the TBARTA Board of Directors. He congratulated his son and daughter-in-law on the birth of their baby and expressed condolences to the survivors of Roger Cochran. Page 18 City of Clearwater Draft City Council Meeting Minutes August 6, 2015 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 7:51 p.m. Mayor City of Clearwater Attest City Clerk Page 19 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1537 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve funding in the amount of $100,000 for the implementation of Clearwater Business SPARK!, per the Memorandum of Understanding approved by Council dated May 2015, to be funded from the Urban Land Institute (ULI) Report Implementation Special Program (181-99888). (consent) SUMMARY: After a year and a half of in-depth evaluation and partner discussion, a Memorandum of Understanding (MOU) was presented to City Council on May 7, 2015 and was approved in support of this network. Following council approval, staff met with Clearwater Business SPARK’s Executive Committee and Advisory Board and identified marketing and funding of certain services as key priorities to launch and provide ongoing support of the network, and a three-year budget was developed. Staff is recommending a $100,000 budget for Fiscal Year 15-16 to pay for the marketing and promotion as well as gaps in counseling and services. The proposed budget for this program provides the initial seed money to underwrite implementation of the ULI Advisory Services Panel Report recommendations for “Attracting an Incubator”, as reflected in the ULI Implementation Matrix Strategy 1.3, Item 15, designated Priority (P) for initial implementation. Outlined below are examples of the different channels and services that could be utilized to promote and support this network. ·Advertising - print and electronic media (TBO, 83 Degrees, Google/FB ads, Billboards), SEO ·Memberships/ Subscriptions/Licenses- National Business Incubation Association (NBIA), SMARSH ·Operating Supplies and Materials- event table, cart, office supplies ·Professional Services- contract support to develop website which will serve as a main portal to all SPARK programs, partners and facilities activities and information. It is intended staff will maintain and update website after launch. ·Promotional Activities - kick-off event, trade shows, luncheons, sponsorships ·Promotional Items- tchotchkes, printing and binding, business cards, banners, table cloth ·Fixed Services- telephone and webhosting ·Staff Training Expenses- IEDC, NBIA Certification ·Counseling and Training Services- funding for unique training programs and consulting Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1537 services through Florida Small Business Development Center at Pinellas County (FSBDC) not to exceed $35,000, and to come forward under separate agreement. Funding requests for Fiscal Year (FY) 16-17 and FY 17-18 will be presented through annual budget process. Note: Funding for certain counseling and training services delivered within the CRA for technology-related enterprises will be proposed under separate request to CRA at a future date utilizing the existing CRA Project code 388-94872 Technology District Incentives. CRA FY15-16 Operating Budget will include a funding agreement with Clearwater Library System to underwrite certain expenses of the Main Library’s STEM centers to further support this initiative. Clearwater Business SPARK! is a network of programs, services and facilities to support businesses and entrepreneurs in every stage of development so they may easily identify and obtain the resources needed to grow in the greater Clearwater area. Assistance is delivered through a consortium of public and private partners, working out of separate facilities, but coming together to facilitate entrepreneurial, creative and small business development. Partners include the City of Clearwater Economic Development and Housing Department, Clearwater Community Redevelopment Agency, Clearwater Library System, Clearwater Regional Chamber of Commerce, Florida Small Business Development Center of Pinellas County, and Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE). As detailed in Section 7(f)i of the MOU, “in-kind services and support including, but not limited to, facilities, programs, services and marketing such as 1) meeting and conference space, 2) meeting and event coordination, 3) services such as coaching, mentoring, and counseling, 4) access to speakers, trainers, and subject-matter experts, 5) promotion and marketing of the consortium through presentations, press releases, newsletters, social media and other forms of communication” is to be provided by the aforementioned Partners. APPROPRIATION CODE AND AMOUNT: Funding in the amount of $100,000 is available in special program 181-99888, ULI Report Implementation. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/19/2015 Clearwater Business SPARK! Budget Gen Fund Reserves CRA TOTAL Gen Fund CRA TOTAL Gen Fund CRA TOTAL Advertising $30,200 $30,200 $35,000 $35,000 $35,000 $35,000 Print & Digital Media $0 $0 Membership /Subs/Lic Empl $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 Professional Memberships and Archiving Services $0 $0 Operating Supplies & Materials $550 $550 $250 $250 $250 $250 Other Services/Charges $500 $500 $5,000 $5,000 $5,000 $5,000 Webhosting, Email, Ongoing Support1 $0 $0 Professional Services $10,000 $10,000 Website development1 Promotional Activities $10,000 $10,000 $3,700 $3,700 $3,700 $3,700 Trade Shows, Kickoff Event(s), Luncheons, Sponsorships,Other Networking $0 $0 Promotional Items $10,000 $10,000 $9,300 $9,300 $9,300 $9,300 Printing & Binding Services, Signage and Giveaways $0 $0 Telephone Fixed Services $750 $750 $750 $750 $750 $750 Training Expenses $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 Counseling and Training Services2 $35,000 $35,000 $40,000 $40,000 $40,000 $40,000 Tech District Specific Counseling and Training3 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 Grand Total $100,000 $25,000 $125,000 $97,000 $25,000 $122,000 $97,000 $25,000 $122,000 1 Will use Go Daddy or similar platform to build site. Budget figure is for contracted support. 2Not to exceed amount. 3 Not to exceed amount. Funding to come from existing CRA Project 388-94872 Technology District Incentives FY 15-16 FY16-17 FY17-18 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1549 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Declare list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) SUMMARY: All surplus vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record; contract period through October 2015. Tampa Machinery Auction holds a live auction monthly and accepts internet bids at the time of the live auction. APPROPRIATION CODE AND AMOUNT: 0566-00000-364413-000-0000 Amount - Sales Proceeds TBD USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/19/2015 Fleet Surplus for Next Auction REASON FOR ITEM #ASSET #YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL REPLACED BY COMMENTS 1 G0381 1992 JOHN DEERE WHEEL LOADER DW644EB535721 5,323HR AGE /MILEAGE/CONDITION G4095 2 G0994 1988 ELECTRO MATION C0505 TRAILER 1135 XXXXX AGE /MILEAGE/CONDITION G4214 3 G1696 1990 HOMELITE EH2500HD GENERATOR HL0850289 XXXXX AGE /MILEAGE/CONDITION XXXX 4 G1978 1998 FOWLER 509V SPRAY RIG 506981 XXXXX AGE /CONDITION NEXTYR 5 G1993 1998 TUFNECK 20FT TRAIL TNT0698E00443 XXXXX AGE /MILEAGE/CONDITION G4008 6 G2103 1999 FORD F350 UT BODY PICK UP TRUCK 1FDWF36L3XED83808 111,005MI AGE /MILEAGE/CONDITION G4090 7 G2185 1999 FOWLER SPRAY RIG 091599B XXXXX AGE /CONDITION NEXTYR 8 G2293 2001 STERLING LT7500 12 YRD DUMP TRUCK 2FZHATBSO1AH83185 115,877MI AGE /MILEAGE/CONDITION G3868 9 G2318 200 GMC SONOMA PICK UP TRUCK 1GTCS14W1YK300853 74,053MI AGE /MILEAGE/CONDITION G4150 10 G2324 2000 VERMEER DIRECTIONAL BORING MACHINE 1VRS130NXY1000810 1,012HR AGE /CONDITION G4137 11 G2333 2000 TRAILER FOR DIRECTIONAL BORING MACH 5B7331537X1005125 XXXXX AGE /CONDITION G4138 12 G2371 2001 CHEVROLET 3500 UT BODY P/UP TRUCK 1GBJC34U91E305399 99,053MI AGE /MILEAGE/CONDITION G4079 13 G2431 2001 CHEVROLET 3500 UT BODY PU TRUCK 1GBJC34U51E305965 94,436MI AGE /MILEAGE/CONDITION G4091 14 G2506 2003 JACOBSEN GROOM MASTER 2 WHEEL DR 8989261686 2,073HR AGE /MILEAGE/CONDITION G4175 15 G2638 2003 FORD F450 UTILITY BODY PICKUP TRUCK 1FDXF46S93EC65628 129,485MI AGE /MILEAGE/CONDITION G4089 16 G2659 2003 CHEVY SILVERADO 3500 UT BODY PU 1GBJC34U03E308758 85,667MI AGE /MILEAGE/CONDITION G4087 17 G2671 2003 FORD TAURUS 4 DOOR SEDAN 1FAFP53U33A174392 97,952MI AGE /MILEAGE G4148 18 G2748 2003 KAWASAKI MULE 3010 UTILITY VEHICLE JK1AFCE193B521646 1,656HR AGE/CONDITION XXXX 19 G2797 2004 INTERNATIONAL 4300 RECYCLE TRUCK 1HTMMAAL74H604339 70,875MI AGE /MILEAGE/CONDITION G4074 20 G2798 2004 INTERNATIONAL 4300 RECYCLE TRUCK 1HTMMAAL94H604337 76,538MI AGE /MILEAGE/CONDITION G4075 21 G2799 2004 INTERNATIONAL 4300 RECYCLE TRUCK 1HTMMAALO4H604338 71,640MI AGE /MILEAGE/CONDITION G4075 22 G2829 2004 2004 TORO MULTI PRO 1250 SPRAY RIG 240000126 1,620HR AGE /CONDITION/HOURS G4170 23 G2837 2003 TORO WORKMAN UTILITY VEHICLE 230000719 2,573HR AGE /CONDITION/HOURS G3438 24 G2914 2003 CYCLONATOR FILTRATION WASH SYSTEM L05812 XXXXX AGE /CONDITION/SURPLUS XXXX 25 G2960 2005 CHEVROLET COLORADO PICKUP TRUCK 1GCCS196058222406 96,121MI AGE /CONDITION/HOURS G4149 26 G2979 2005 DODGE MAGNUM 2D4FV48T25H670236 100,187MI AGE /MILEAGE/CONDITION G4152 27 G3015 2006 FORD F450 UTILITY BODY PICKUP TRUCK 1FDXF46Y16EA33064 110,002MI AGE /MILEAGE/CONDITION G4093 28 G3133 2006 PERMAGREEN RIDEON MAGNUM SPREAD 5625 650HR CONDITION G4212 29 G3164 2006 FORD CROWN VIC PD PURSUIT VEHICLE 2FAFP71W86X122719 112,302MI AGE /MILEAGE/CONDITION G4132 30 G3505 2007 FREIGHTLINER 2500 SPRINTER VAN WDYPE845X75220557 89,750MI AGE /MILEAGE/CONDITION G4188 31 G3557 2008 BOBCAT 2200 4X4 UTILITY VEHICLE A59Z13111 3,162HR AGE /CONDITION/HOURS G4172 32 G3560 2009 TORO WORKMAN 3100 UTILITY VEHCILE 290000102 3,903HR AGE /CONDITION/HOURS G4145 33 G3585 2009 FORD CROWN VIC POLICE VEHICLE 2FAHP71V79X117337 99,794MI AGE /MILEAGE/CONDITION G4133 34 XXX 2001 HEIL 12YD DUMP BODYHPT-HD12Y 7256 XXXXX AGE /CONDITION/HOURS XXXX BODY ONLY FROM G2293 35 XXX 2004 TRANSTAT TREE CHIPPER BODY 10047 XXXXX AGE /CONDITION/HOURS XXXX BODY ONLY 36 XXX XXXX GENERATOR(PALLET) HONDA EX610 ECB-1021237 XXXXX AGE /CONDITION/HOURS XXXX 37 XXX XXXX 3 PALLETS OF HYD. CYLINDERS ASST.XXXXX SURPLUS OBSOLETE XXXX 38 XXX XXXX 1 SURPLUS USED ROOF AC UNIT XXXXX SURPLUS OBSOLETE XXXX 39 XXX X1 CUES TV REEL XXXXX XXXXX SURPLUS OBSOLETE XXXX Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1227 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Developer Agreement with NNP-Bexley, LLC; approve a Template form of Developer/Builder Agreement; accept a Gas Main and Utility Easement for the subject development property; authorize the Gas System Managing Director, or designee, to approve future Developer/Builder Agreements in substantially similar format; and authorize the appropriate officials to execute same. (consent) SUMMARY: NNP-Bexley, LLC is the developer for a new project in Pasco County, called Bexley Ranch. This agreement covers the first 525 single family homes to be constructed as part of a 5,000+ residential community. Staff is also requesting Council to approve this agreement as well as the Template format for Developer/Builder Agreements, which will be used for all future developer/builder agreements in the Clearwater Gas System territory. Additionally, staff is asking that the Clearwater Gas System Managing Director be authorized to approve all future agreements based on this approved Template in substantially similar format. Exhibit A, the legal description for the subject development property, will be attached to the original Agreement for Council’s review and approval. Exhibit B-1 will be attached by amendment when the subject property is properly, officially platted. This agreement has been thoroughly reviewed by both Legal and Risk Management and all required indemnification and insurance provisions are included. In addition, all future developer/ builder agreements will be reviewed again by our Legal department, if there are significant modifications requested by the developer/builder, to ensure provisions within such future Agreement remain in the best interest of the City. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/19/2015 CLEARWATER GAS SYSTEM/CITY OF CLEARWATER DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE This Agreement is entered into this ____day of_________, 20___, between the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of Florida, d/b/a Clearwater Gas System, hereinafter called the "CGS" and _________________, a _________________ corporation, hereinafter called the "DEVELOPER". RECITALS A. DEVELOPER is developing land for sale and plans to include, among other things, approximately _________ (____) platted lots for single family homes (the “Project”) to be known as ____________________________, located in Section 8, Township 27S, Range 16, Pinellas County, Florida, as more particularly described in Exhibit “A” attached hereto and incorporated herein, and as will be recorded in the Official Records of the Clerk of the Circuit Court, Pinellas County, Florida. B.DEVELOPER, for itself and on behalf of the future owners of residences in the Project, desires to have natural gas service available within the Project. C.CGS desires to install a natural gas distribution system within the Project, at its expense, upon completion of and final approval of CGS’S feasibility report and DEVELOPER has agreed to engage CGS to install such a system within the Project, pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, CGS and DEVELOPER hereby agree as follows. 1. Recitals.The foregoing Recitals are true and correct and are incorporated in and form a part of this Agreement. 2.Gas Distribution System. 2.1 Installation of Gas Distribution System. CGS agrees to design and install a natural gas distribution system within the Project, including all necessary distribution lines, meters and ancillary facilities (collectively, the "System") necessary to provide natural gas service up to the meter of each residence constructed during the term of this Agreement as a Gas Compliant Residence in conformity with Section 3. The design of the System shall be subject to DEVELOPER’s review and approval prior to CGS’s commencement of construction thereof, for purposes of integration of the System into the Project. CGS shall control design of the System for gas operations purposes. The System does not include any facilities past the meter and CGS has no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and CGS agree to reasonably cooperate with respect to the design and construction of the Project infrastructure, including without limitation, the System. Such cooperation shall include, without limitation, providing responses to requests for information required for development permits, plat approvals, and similar authorizations within fourteen (14) days of either parties’ receipt of a request for any such information from the other party. The parties agree to use all commercially reasonable efforts to cause the System to be designed and constructed in coordination with the other Project infrastructure, so that (i) commencement of construction of the System can commence in concert with the commencement of construction of the other Project infrastructure; and (ii) each phase of System can be completed simultaneous with completion of the other infrastructure located within the same phase of the Project. 2.2 Preparation for Installation and Easements. DEVELOPER represents that it owns and has legal title to the real property on which the Project will be constructed and has the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide or cause to be provided to CGS, and its employees, agents and subcontractors, adequate physical and legal access including recorded, assignable non-exclusive easements and/or rights of way to all reasonably necessary areas of the Project in substantially the form attached hereto and incorporated herein as Exhibit “B”, and/or by recorded, platted easements, all as reasonably necessary for the installation, operation, maintenance, repair and replacement of the System. With respect to such easements, DEVELOPER shall secure the consent and joinder of all necessary parties. DEVELOPER reserves the right to relocate any easement made available hereunder if necessary for the development of the Project, provided that construction of the portion of the System subject to any such relocated easement has not yet been commenced, and suitable easements and access for the System to all portions of the Project are maintained and provided. In the event that DEVELOPER desires to modify any easement relating to any portion of the System after installation, then DEVELOPER must obtain CGS’S advance written consent to any easement modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse CGS for design, materials, construction and other costs associated with any relocation of the System and shall provide reasonably acceptable substitute easements. 2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with respect to the construction of the System and to use commercially reasonable efforts to minimize interference with DEVELOPER’S construction of the Project. If so requested, CGS shall furnish System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to establish and reasonably manage a Project construction schedule that provides CGS with reasonably sufficient time and access to construct the System within the Project. 2.4 Ownership of Gas Distribution System. The components of the System located on the supply side of each gas meter (and including each such meter) shall remain the exclusive property of CGS at all times during and following the expiration or earlier termination of this Agreement. CGS’S operation of the System is not governed by the terms of this Agreement; rather, CGS shall operate the System in accordance with the City of Clearwater’s Code of Ordinances, City policy and the requirements of applicable regulations and law. In the event the Project is not completed and/or the gas facilities and service are for any reason abandoned by DEVELOPER or its successors, and the System, or any part thereof, is no longer required to serve the Project, CGS may at its election remove readily removable, non-essential components of the System, purge and cap any components to be left in place, and restore any disrupted surface areas of the Project. 3. Gas Appliance Requirements. In recognition of the substantial investment made by CGS in constructing the System, DEVELOPER agrees that _________ percent (___%) of the homes in the Project will be built with an energy efficient gas furnace, an energy efficient gas water heater, and gas piping to the gas range and gas dryer locations (“Gas Compliant Residences”) In consideration of DEVELOPER constructing the Gas Compliant Residences, DEVELOPER will be entitled to an Energy Conservation Allowance as defined and provided for in paragraph 4. DEVELOPER agrees that each "MODEL" residence in the Project will be a Gas Compliant Residence. Further, DEVELOPER agrees to make a reasonable effort to utilize natural gas and natural gas appliances and equipment in common areas of the Project such as community club houses, community fitness centers, community pools, street lamps, community laundries and central water heating systems. Additionally, DEVELOPER agrees to make a reasonable effort to require natural gas for any commercial portions of the Project where economically feasible and as applicable. For purposes of this Agreement, a “Gas Compliant Residence” shall be defined as those homes constructed with an energy efficient, natural gas water heater and the necessary piping to permit the installation of an energy efficient, pilotless, natural gas range and natural gas clothes dryer. 4.Energy Conservation Allowance. DEVELOPER may be entitled to Energy Conservation Allowance payments for each home constructed in the Project that meets the requirements of CGS’S Energy Conservation Program (the “Program”), as may be amended from time to time by the Clearwater City Council. A summary of the allowance payments presently allowed under the Program is attached hereto as Exhibit “C”. In the event the Clearwater City Council rules or otherwise determines that the energy conservation allowance payments referenced above, or any portion thereof, may not be recovered by CGS through the Energy Conservation Adjustment, or that the entitlements under the Program shall be changed, then CGS’S obligation to thereafter make said allowance payments will be bound by such City Council directive and, as such, said allowance payments shall be adjusted to conform to such Council directive or terminate, as applicable, upon completion of construction of any homes then under construction in the Project (which homes shall remain eligible for allowance payments without such adjustment). During the term of this Agreement, CGS shall have the right to inspect any residence for which a claim for an allowance has been made, at reasonable times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER shall be entitled to the Energy Conservation Allowance upon verification that the requirements of each Gas Compliant Residence have been met and a Certificate of Occupancy has been issued for that Residence. 5. Insurance Requirements for City/CGS: The City/CGS shall, at its own cost and expense, acquire and maintain during the term with the Developer, through self-insurance, insurance, and/or excess insurance, sufficient insurance to adequately protect the respective interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the City/CGS must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a.Commercial General Liability Insurance coverage, including products/completed operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage, including property damage liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions for City/CGS: a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract remains in effect, the City/CGS will furnish the Developer with a Letter of Self-Insurance (SIGNED by the Risk Manager), and/or Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer) evidencing all of the coverage set forth. Developer understands that Developer will not be named as an “Additional Insured” on any of City/CGS coverages. When requested in writing from the Developer, City/CGS will provide the Developer with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: ___________________________________ ___________________________________ ___________________________________ b. City/CGS shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. City/CGS’s insurance as outlined above shall be primary and non-contributory coverage for City/CGS’s negligence. d. Developer agrees that nothing contained herein shall be construed as a waiver of any sovereign immunity from, or limitation of, liability the City/CGS may be entitled to under the doctrine of sovereign immunity, or §768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defenses the City/CGS may have under §768.28, Florida Statutes or as consent to be sued by third parties. e. City/CGS reserves the right to appoint legal counsel to provide for City/CGS’s defense of any and all claims that may arise related to this Agreement, work performed under this Agreement, or to city/CGS’s design, equipment, or service. City/CGS agrees that the Developer shall not be liable to reimburse City/CGS for any legal fees or costs as a result of City/CGS providing its defense as contemplated herein. Developer’s failure to request evidence of this insurance shall not be construed by the City/CGS as a waiver of City/CGS’s obligation to provide the insurance coverage specified. 6.Insurance Requirements for Developer: The Developer shall, at its own cost and expense, acquire and maintain (and cause any sub-developers, contractors, subcontractors, sub- subcontractors, materialmen, representatives, or agents, to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Developer’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Developer must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a.Commercial General Liability Insurance coverage, including products/completed operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage, including property damage liability and bodily injury liability, for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions for Developer: a. Prior to the execution of this Agreement/Contract, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement/Contract remains in effect, the Developer will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial Liability Insurance policy. In addition when requested in writing from the City, Developer will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Clearwater Gas System P.O. Box 4748 Clearwater, FL 33758-4748 b. Developer shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Developer’s insurance as outlined above shall be primary and non-contributory coverage for Developer’s negligence. d. Developer reserves the right to appoint legal counsel to prvide for Developer’s defense for any and all claims that may arise related to this Agreement/Contract or work performed under this Agreement/Contract, or to Developer’s design, equipment, or service. Developer agrees that the City/CGS shall not be liable to reimburse Developer for any legal fees or costs as a result of Developer providing its defense as contemplated herein. e. Developer shall defend, indemnify, save and hold the City/CGS, its employees, officers, or directors harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage, arising directly or indirectly, including legal fees, court costs, or other legal expenses; except, for such claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City/CGS or its employees, officers, or directors or for statutory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by, or result from, the acts or omissions of the Developer or any of the Developer’s employees, sub-developers, contractors, subcontractors, sub-subcontractors, materialmen, representatives, or agents. The stipulated limits of coverage above shall not be construed by Developer, or any of the Developer’s employees, sub-developers, contractors, subcontractors, sub-subcontractors, materialmen, representatives, or agents as a limitation of any potential liability to the City/CGS, and failure to request evidence of this insurance shall not be construed as a waiver of Developer’s or any sub-developers’, contractors’, subcontractors’, sub- subcontractors’, materialmen’s, representatives’, or agents’ obligation to provide the insurance coverage specified. 7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance is prevented by an event of Force Majeure. The term “Force Majeure” shall mean causes not within the control of the party whose performance is affected, including without limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions, breakage or non-foreseeable accidents to machinery or pipe lines, and which in each of the above cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing commercially reasonable efforts, procedures and processes. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party of such occurrence and its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent reasonably possible, and thereafter resume such performance as soon as possible. 8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid, return requested, or by receipted overnight national delivery service (e.g., Federal Express), and shall, if not sooner received, be deemed received three (3) business days after deposit in the United States Mail, or one business day after telecopy transmission or receipt by any national delivery service. All notices shall be addressed to each party at the address listed below unless and until such time as a party notifies the other in accordance with this Section of a change in address: “CGS” Clearwater Gas System Managing Director 400 N. Myrtle Ave Clearwater, FL 33755 “DEVELOPER” ____________________ ____________________ ____________________ 9.Duration. The term of this Agreement (the “Term”) shall commence upon the Effective Date and continue until the issuance of certificates of occupancy for the residences constructed upon all of the platted residential lots located within the Project. Notwithstanding any expiration or other termination of this Agreement, CGS shall remain obligated to make energy construction allowance payments, having properly accrued, to DEVELOPER as provided in Section 4 hereof. 10.Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a substantial investment in installing the System as provided in this Agreement. In the event DEVELOPER fails to construct at least ________ percent (___%) of the residences (____ residences) of the Project as Gas Compliant Residences, CGS will suffer substantial damages that will be difficult to ascertain. DEVELOPER therefore agrees to pay to CGS liquidated damages as set forth below to partially compensate CGS for DEVELOPER'S failure to meet its obligation hereunder. Accordingly, if the DEVELOPER fails to complete the minimum percentage of the Gas Compliant Residences during the Term of this Agreement; then, DEVELOPER shall pay to CGS liquidated damages in the amount of ________________ Dollars ($ ____.00) for each residence below the minimum _________ percent (____%) requirement. 11.Remedies and Limitations. In the event of a breach of this Agreement, the non- breaching party shall, except to the extent expressly limited by the terms of this Agreement, have all rights and remedies available at law and at equity against the breaching party. 12.Assignment. This Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment of this Agreement by either party shall require the prior written consent of the other party, which consent shall not be unreasonably withheld. 13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules, orders, permits, and regulations of any federal, state, or local governmental authority having jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida. In the event of litigation between the parties hereto arising out of or in connection with this Agreement, each party shall bear its own attorneys' fees and costs. This Agreement constitutes the entire understanding and agreement between the parties and supersedes any and all prior negotiations, understandings or agreements. Except as provided above, this Agreement shall be binding upon, and shall inure to the benefit of the parties hereto, and their respective successors and assigns. This Agreement may be amended, modified or extended only by a written instrument signed by both parties. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application thereof to any party hereto or circumstance is prohibited by or invalid under applicable law, that provision shall be effective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of the same. This Agreement may be executed in any number of counterparts, and all the counterparts taken together shall be deemed to constitute one (1) and the same instrument. The captions, headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions of this Agreement. Any exhibit attached to this Agreement is incorporated by reference herein. Nothing contained herein shall be construed as a joint venture, partnership or any other similar relationship between CGS and DEVELOPER. Nothing in this Agreement shall be construed as creating any rights, benefits or interests in a person or group that is not a party to this Agreement. [Signatures begin on following page] IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement (Natural Gas) to be signed by their respective duly authorized officers as of the date first above written. Approved and accepted by: CITY OF CLEARWATER, FLORIDA By: _______________________________ Charles S. Warrington, Jr. Gas System Managing Director Agreed to and accepted by: ________________ a __________ corporation By:_______________________________ Name Printed: _________________________ Title:_________________________________ EXHIBIT A Legal Description of Project EXHIBIT B Easement Return to: Chuck Lane Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 PASCO COUNTY Parcel I. D. No. ____________________________ FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, _______________________________________________,whose post office address is ___________________________________________ (“Grantor”) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (“Grantee”), and its successors and assigns, a non-exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pasco, State of Florida, to wit: As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for gas main and appurtenant utilities (“Service Facilities”) installation and maintenance only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and reconstruct the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor’s facilities at all times during the exercise of rights granted herein for Grantor, and Grantor’s guests and invitees, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of all work related to this project and complete all matter in a timely manner. Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service Facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which consent shall not be unreasonably withheld), shall provide an alternate easement for Grantee’s Service Facilities, and shall at Grantor’s sole cost and expense reconstruct the Service Facilities within the alternate easement. Upon completion of the Service Facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pasco County, Florida. GAS MAIN & UTILITIES EASEMENT This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITNESS WHEREOF,the undersigned grantor has caused these presents to be duly executed this ______ day of ___________________, 2014. Signed, sealed and delivered In the presence of: _________________________________ By: _____________________________________ WITNESS signature _________________________________ Print name _______________________________ Print Witness Name _________________________________ By: ____________________________________ WITNESS signature _________________________________ Print name ______________________________ Print Witness Name STATE OF _____________________ : : ss COUNTY OF ___________________ : Before me, the undersigned authority, personally appeared _______________________________, who executed the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes herein set forth, and who [ ] are personally known to me, or who [ ] produced _____________________________ as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name EXHIBIT B1 [Here insert descriptions of platted road rights of way] EXHIBIT C Energy Conservation Allowance Plan CGS agrees to pay to DEVELOPER an energy conservation allowance payment for each residence constructed within the Project and that has qualified for payment based on following installation schedule (“Energy Conservation Allowance Payment”): Energy Efficient Gas Tankless Hot Water Heater $ ____.00 Energy Efficient Gas Tank Water Heater $ ____.00 Piping to Energy Efficient Pilotless Gas Range $ ____.00 Piping to Energy Efficient Gas Dryer $ ____.00 The total maximum energy conservation amount payable on each Home that conforms to the schedule above $ ____.00 DEVELOPER shall deliver a written request for payment of an Energy Conservation Allowance Payment to CGS within 90 days of issuance of a certificate of occupancy for each applicable qualified residence. DEVELOPER shall submit such written requests in the form and manner reasonably prescribed by CGS. Any request for an Energy Conservation Allowance Payment that is submitted after 90 days following the issuance of a certificate of occupancy for a particular residence may not be honored. BEXLEY SOUTH MPUD LEGAL DESCRIPTION Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1553 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve an Encroachment Agreement with Florida Gas Transportation, LLC, for the installation of a natural gas distribution main across their existing easement and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to supply natural gas service and maintain system reliability, Clearwater Gas System (CGS) needs to install a natural gas distribution main across the existing Duke Energy Transmission line Right-of-Way, located in Pasco County, just east and running parallel with Starkey Blvd. This main extension is required to serve a new customer who will run natural gas engines to pump water for blueberry crop irrigation (farming operations). In addition, the main will serve the new Starkey Ranch subdivisions, as well as increase the pressure for existing customers along the SR54 corridor. The proposed gas main will be a 4-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. Florida Gas Transmission (FGT) requires an Encroachment Agreement since they have an existing easement with Duke Energy for their 16” transmission main, which runs within the Right-of-Way corridor. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1554 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve an Underground Pipeline Right-of-Way Utilization Agreement with Duke Energy of Florida, Inc. for the installation of a natural gas distribution main across their existing Transmission Right-of-Way and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to supply natural gas service and maintain system reliability, Clearwater Gas System (CGS) needs to install a natural gas distribution main across the existing Duke Energy Transmission line Right-of-Way, located in Pasco County, just east and running parallel with Starkey Blvd. This main extension is required to serve a new customer who will run natural gas engines to pump water for blueberry crop irrigation (farming operations). In addition, the main will serve the new Starkey Ranch subdivisions, as well as increase the pressure for existing customers along the SR54 corridor. The proposed gas main will be a 4-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. Duke Energy requires a Right-of-Way Agreement since they own the property where the transmission and distribution electric facilities are installed. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1535 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) between the City of Clearwater and the Bureau of Business Enterprises (BBE), Division of Blind Services, for a two-year period, with an option to renew for one additional two-year period, to provide employees and residents with healthy snack vending services to promote a culture of wellness citywide and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2013, the City entered into a healthy vending pilot program at the Long Center and Countryside Recreation Center. In 2014, the City explored expanding the healthy vending city wide in an attempt to build on the culture of wellness and a consistent message to city employees and residents that health and wellness is a priority in Clearwater. The attempt to expand the program in 2014 was not successful. A second attempt was made in February 2015 with the release of Request for Proposals 11-15 to provide healthy vended products at 12 city facilities. A single proposal was received from the BBE, Division of Blind Services. The primary factor expressed by vendors who did not bid was the missing element of beverage vending (due to the City's exclusive agreement with Coca Cola) which severely impacts their revenues and ability to have a profitable account. Under guidelines established by the Federal Randolph-Sheppard Act, the BBE is charged with creating independent business opportunities for visually impaired/blind licensed vending facility operators. Through this program, hundreds of Floridians who are blind have acquired the management training and business skills necessary to operate successful businesses, independence, and self-sufficiency. Capital investment for equipment and products is provided by the BBE for a small percentage of the vendor's contract revenue. The Bureau oversees more than 120 licensed vendors who manage more than 150 facilities in Florida. Woody Mathews, the selected BBE Operator, is a certified Serve Safe food service manager and currently services multiple vending routes in the Clearwater area. The City chooses to promote healthy vending by requiring 100% compliance with the USDA's Smart Snacks in Schools standards at locations where youth are served, specifically the recreational facilities. In city building locations the vending is restricted to an 80/20 split of USDA compliant products and non-compliant products, respectively. In an effort to keep the typically higher priced healthy items affordable, the City elects to not collect commissions on this contract. The proposal was evaluated by a sub-committee of the City Health and Wellness Committee on the following criteria; previous successful experience, longevity of providing services, Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1535 favorable price schedule, ability to provide products meeting our nutritional specifications, customer service, and proven financial stability. Based on the evaluations, the Committee recommends that the BBE, Division of Blind Services, provide the City with an exclusive healthy vending agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1567 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a 1-year Partnership and Operational Support Agreement from October 1, 2015 through September 30, 2016 and five one-year renewal options, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities, and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 4, 2009, the City Council approved entering into Partner and Operational Support Agreements with the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and the Clearwater Shuffleboard Club (Clubs) for the use and supervision of certain City owned building and facilities they use for their various recreational activities. The agreement with the Clubs expires on October 1, 2015 and they have all expressed their desire to extend their relationship with the City by entering into a new agreement similar to the original agreement. The primary changes have to do with updating the insurance requirements and substituting new dates and typographic changes to the agreements. The agreements for the Clubs are identical with the only change being what services each provides and the person(s) entering into the agreements. As a way of background, the Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 55 years currently operating out of the Complex at the corner of Alt 19 and Calumet Street; while the Horseshoe Club has offered programs at Ed Wright Park for over 35 years. All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific specialty (i.e., Lawn Bowls, Shuffleboard and Horseshoes). In addition to offering open sessions, providing lessons, conducting tournaments and providing social activities for their participants they provide the supervision and general maintenance of the buildings and facilities assigned to each group. In turn, these groups will not be required to meet the resident/non-resident card requirements. The City will continue to provide maintenance of the grounds, and provide major capital building and maintenance service to the buildings if determined necessary by the City. Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1567 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1569 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve the Contract for Sale of Real Property by the City of Clearwater (Contract) with Decade Sea Captain, LLC for the sale of city-owned property located at 41 Devon Drive, Clearwater and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The subject property, of approximately 0.37 acres, is located at 41 Devon Drive (a/k/a 212 Hamden Drive) and is improved as a surface parking lot currently operated as Parking Lot 33 by the City’s Parking System Division. Parking Lot 33 contains 24 parking spaces and gained $86,359 in revenue in the most recent 12-month reporting period. Prior to the City taking ownership of the property in 2006, development rights were transferred from the property. On December 18, 2014, City Council declared the property surplus for the purpose of sale through Invitation to Bid 06-15 (ITB 06-15) for highest bid amount exceeding $425,000 whereby the successful bidder will incorporate the property into a redevelopment project. ITB 06-15 disclosed that a deed restriction would be placed on the property requiring that 24 parking spaces shall be reserved for public use at market-based rates that are commensurate with rates for comparable beachfront, covered parking structures in Florida resort areas. The City released ITB 06-15 on January 15, 2015 and received one bid from DCIP, LLC with a proposed purchase price of $425,010. Jeffrey Keierleber is the sole principal owner of DCIP, LLC and has requested that the Contract be between the City and Decade Sea Captain, LLC, a different LLC of which Mr. Keierleber is also the sole principal. The proposed contract is consistent with the proposal and complies with requirements set forth in ITB 06-15. Additional terms and conditions negotiated between Decade Sea Captain, LLC and City staff are listed below: ·Purchase price is $425,010 ·The proposed redevelopment project is a parking garage. A conceptual design of the garage represents approximately 185-190 parking spaces which will provide parking to the Pier House 60 Clearwater Beach Marina Hotel, and a proposed hotel development at the Sea Captain Resort site in addition to the 24 required public parking spaces ·The City will have the option to re-purchase the property if vertical construction of the parking garage does not commence by certain milestones; the latest possible milestone is three years from the effective date of the Contract ·24 required public parking spaces, referenced above, will be located on the ground floor and shall be the first available parking spaces upon entering the parking garage ·If Decade Sea Captain, LLC fails to provide required public parking, then it will be liable Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1569 to the City for payment of liquidated damages in the amount of $750.00 per day for each day that public parking is not provided. This requirement does not apply during periods when the garage is unavailable for construction, reconstruction or during other activities when public safety may be compromised ·Closing expenses for which the City is responsible, including title insurance, are estimated to be $3,000 and will be deducted from the purchase price at closing The property was appraised by James Millspaugh and Associates with the understanding that development rights have been stripped. According to the appraisal report dated August 28, 2014, market value of the property is $425,000. Per City Charter 2.01, real property declared surplus may be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with stated purpose for declaring the property surplus. Page 2 City of Clearwater Printed on 8/19/2015 SCALE: 1”=40’ 001Ground Level- L1 ARCHITECTURE | INTERIORS N 15 July 2015Clearwater Beach, Florida Devon Drive Garage SCALE: 1”=40’ 002Levels 2-4 ARCHITECTURE | INTERIORS N 15 July 2015Clearwater Beach, Florida Devon Drive Garage SCALE: 1”=40’ Level 5 003 tt ARCHITECTURE | INTERIORS N 15 July 2015Clearwater Beach, Florida Devon Drive Garage SCALE: 1”=40’ Exterior Perspective 004 ARCHITECTURE | INTERIORS N 15 July 2015Clearwater Beach, Florida Devon Drive Garage BAYSIDE DR CORONADO DR HAMDEN DR SGULFVIEW BLVD DEVON DR BRIGHT WATE R D R MEMORIALCSWY FIFTH ST BAYWAYBLVD CA USEWAY B LVD EAST SHORE DR MANDALAYAVEPOINSETTIAAVESECOND ST THIRD ST S GULFVIEW BLVD LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Surplus Property JB CL N.T.S.276A 08-29s-15e11/24/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 41 Devon DriveCity Parking Lot 33 Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\41 Devon Drive Pro Surp Prop.mxd CORONADO DR HAMDEN DR DEVON DR SECOND ST THIRD ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.276A 08-29s-15e11/24/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Surplus Property41 Devon D rive, City Parking Lot 33 Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\41 Devon Drive Pro Surp Prop Aerial.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1513 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Award a Construction Contract to Gator Grading and Paving of Palmetto Florida for the 2015 Street Resurfacing Project (14-0051-EN) in the amount of $2,500,863.85, which is the lowest responsible bid received in accordance with the plans and specification which states work is to be awarded on a unit price basis, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater annual street resurfacing program is designed to prevent deterioration of roadway wearing surfaces. The process of resurfacing includes milling a roadway and replacing with an asphalt overlay. This provides a protective coating and maintains the integrity of a roadway’s substructure. Resurfacing allows for an improved ride and safer roads for residents and visitors of the City. Streets that are scheduled for resurfacing in this contract were determined using the City’s pavement management consultants, citizen requests, and staff observations; all have been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by Engineering staff. Gator Grading and Paving is the lowest responsible bid of the four bids received ranging from $2,500,863.85 to $3,205,739.19. At a minimum, streets that are scheduled for resurfacing primarily consist of three residential neighborhoods generally located in the northwest corridor of the City. The locations are named after the major roadway in each respective area, an overall location map has been provided for reference: Pennsylvania Avenue Area - located North of Eldridge Street, West of Betty Lane, East of Myrtle Avenue, South of Overbrook Avenue. Casler Avenue Area - located near the Airpark, North of Drew Street, West of Hercules Avenue, East of Glenwood Avenue, South of Palmetto Street. Rollen Road Area - located North Overlea Street, West of Highland Avenue, East Betty Lane, South of Sandy Lane. Additional areas may be added as valid requests are received and sufficient funding is available. Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1513 APPROPRIATION CODE AND AMOUNT: 0315-92277-563700-541-000-0000 $2,502,163.85 Sufficient funding is available in Capital Improvement Program project 0315-92277, Streets and Sidewalks, in the amount of $2,502,163.85. Page 2 City of Clearwater Printed on 8/19/2015 Bid Item Item Description Unit Qty.Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 FULL WIDTH MILLING (UP TO 2”)SY 230,000 $ 2.20 $ 506,000.00 $ 1.70 $ 391,000.00 $ 1.84 $ 423,200.00 $ 2.71 $ 623,300.00 2 FULL WIDTH MILLING (2” TO 4”)SY 2,000 $ 10.00 $ 20,000.00 $ 5.15 $ 10,300.00 $ 4.56 $ 9,120.00 $ 8.92 $ 17,840.00 3 SP 12.5 ASPHALT CONCRETE RESURFACING TN 7,000 $ 103.00 $ 721,000.00 $ 94.50 $ 661,500.00 $ 97.47 $ 682,290.00 $ 113.00 $ 791,000.00 4 SP 9.5 ASPHALT CONCRETE RESURFACING TN 11,000 $ 113.50 $ 1,248,500.00 $ 99.90 $ 1,098,900.00 $ 108.72 $ 1,195,920.00 $ 122.50 $ 1,347,500.00 5 MANHOLE RISER INSTALLATION EA 25 $ 150.00 $ 3,750.00 $ 117.50 $ 2,937.50 $ 150.00 $ 3,750.00 $ 150.00 $ 3,750.00 6 PAVEMENT MARKING – CROSSWALKS (LANE)LF 310 $ 14.00 $ 4,340.00 $ 14.75 $ 4,572.50 $ 5.00 $ 1,550.00 $ 5.27 $ 1,633.70 7 PAVEMENT MARKING – STOP BARS (LANE)EA 40 $ 21.20 $ 848.00 $ 23.00 $ 920.00 $ 20.00 $ 800.00 $ 21.10 $ 844.00 8 PAVEMENT MARKING – SCHOOL CROSSING/RR EA 4 $ 60.00 $ 240.00 $ 64.00 $ 256.00 $ 75.00 $ 300.00 $ 79.11 $ 316.44 9 PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS EA 5 $ 37.00 $ 185.00 $ 40.00 $ 200.00 $ 30.00 $ 150.00 $ 31.65 $ 158.25 10 PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW) LF 2,850 $ 0.40 $ 1,140.00 $ 0.40 $ 1,140.00 $ 0.30 $ 855.00 $ 0.32 $ 912.00 11 PAVEMENT MARKING – SOLID WHITE LF 8,070 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.26 $ 2,098.20 12 PAVEMENT MARKING – SOLID DOUBLE YELLOW LF 6,650 $ 0.45 $ 2,992.50 $ 0.45 $ 2,992.50 $ 0.50 $ 3,325.00 $ 0.53 $ 3,524.50 13 PAVEMENT MARKING – SOLID YELLOW LF 5,400 $ 0.35 $ 1,890.00 $ 0.35 $ 1,890.00 $ 0.25 $ 1,350.00 $ 0.26 $ 1,404.00 14 TEMPORARY PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS EA 95 $ 40.00 $ 3,800.00 $ 40.00 $ 3,800.00 $ 30.00 $ 2,850.00 $ 31.65 $ 3,006.75 15 PREPARATION, INSTALLATION AND MAINTENANCE OF PROJECT SIGNS LS 1 $ 4,250.00 $ 4,250.00 $ 2,270.00 $ 2,270.00 $ 4,800.00 $ 4,800.00 $ 6,000.00 $ 6,000.00 16 TEMPORARY PAVEMENT MARKING – DASHED (WHITE, YELLOW OR DOUBLE YELLOW)LF 2,850 $ 0.25 $ 712.50 $ 0.25 $ 712.50 $ 0.30 $ 855.00 $ 0.32 $ 912.00 17 TEMPORARY PAVEMENT MARKING – SOLID WHITE LF 8,070 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.25 $ 2,017.50 $ 0.26 $ 2,098.20 18 TEMPORARY PAVEMENT MARKING – SOLID DOUBLE YELLOW LF 6,650 $ 0.35 $ 2,327.50 $ 0.35 $ 2,327.50 $ 0.50 $ 3,325.00 $ 0.53 $ 3,524.50 19 TEMPORARY PAVEMENT MARKING – SOLID YELLOW LF 5,400 $ 0.20 $ 1,080.00 $ 0.25 $ 1,350.00 $ 0.25 $ 1,350.00 $ 0.26 $ 1,404.00 20 REMOVE AND REPLACE TYPE I CURB (CITY INDEX 101 – SHEET 1 OF 2)LF 300 $ 57.00 $ 17,100.00 $ 40.00 $ 12,000.00 $ 37.50 $ 11,250.00 $ 57.00 $ 17,100.00 21 REMOVE AND REPLACE VALLEY GUTTER CURB (CITY INDEX 101 – SHEET 202)LF 600 $ 55.00 $ 33,000.00 $ 45.00 $ 27,000.00 $ 42.50 $ 25,500.00 $ 63.00 $ 37,800.00 BID OPENING DATE: JULY 21, 2015 at 1:30 p.m. AWARD DATE: AUGUST 20, 2015 PROJECT NAME & #: 2015 STREET RESURFACING PROJECT (#14-0051-EN) Preferred Materials, Inc. 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 STREETS RESURFACING Ajax Paving Industries of Florida, LLC 5100 W Lemon St. Suite 106 Tampa, FL 33609 Gator Grading & Paving 2704 105th St. E Palmetto, FL 34221 Hubbard Construction Co. DBA. Tampa Pavement Constructors 918 E. Busch Blvd. Tampa, FL 33612 Revised 8/17/2015 Bid Item Item Description Unit Qty.Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost BID OPENING DATE: JULY 21, 2015 at 1:30 p.m. AWARD DATE: AUGUST 20, 2015 PROJECT NAME & #: 2015 STREET RESURFACING PROJECT (#14-0051-EN) Preferred Materials, Inc. 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Ajax Paving Industries of Florida, LLC 5100 W Lemon St. Suite 106 Tampa, FL 33609 Gator Grading & Paving 2704 105th St. E Palmetto, FL 34221 Hubbard Construction Co. DBA. Tampa Pavement Constructors 918 E. Busch Blvd. Tampa, FL 33612 22 CONSTRUCT 5 FOOT WIDE ADA RAMP (CITY INDEX 109 – SHEET 2 OF 3) EA 20 $ 2,250.00 $ 45,000.00 $ 2,200.00 $ 44,000.00 $ 1,450.00 $ 29,000.00 $ 3,000.00 $ 60,000.00 $ 2,622,190.50 $ 2,274,103.50 $ 2,405,575.00 $ 2,926,126.54 24 10 % Contingency Streets Resurfacing LS 1 $ 262,219.05 $ 262,219.05 $ 227,410.35 $ 227,410.35 $ 240,557.50 $ 240,557.50 $ 292,612.65 $ 2,884,409.55 $ 2,501,513.85 $ 2,646,132.50 $ 3,218,739.19 ALTERNATE 1 23 CONTRACTOR RETAINS PROJECT MILLINGS (DEDUCT)TN 13000 (5.60)$ (72,800.00)$ (0.05)$ (650.00)$ (1.00)$ (13,000.00)$ (1.00)$ (13,000.00)$ Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071) Streets Resurfacing Subtotal: BIDDERS GRAND TOTAL STREETS RESURFACING: Revised 8/17/2015 DRAFT SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL/BID BOND .......................................................................................................................... 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 DRAFT SectionV_Revised 8.17.2015.docx Page 1 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Gator Grading & Paving, LLC 2704 105th St E. Palmetto, FL 34221 (941) 751-3900 _____________________________ City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2015 STREET RESURFACING PROJECT PROJECT NO.: 14-0051-EN PROJECT DESCRIPTION: the asphaltic resurfacing of approximately 15.1 miles of streets within the City of Clearwater as shown on the engineering maps prepared by the City of Clearwater Engineering Department, Location Maps 1 through 3 (see Section IV-A). BY THIS BOND, We Gator Grading & Paving, LLC, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $2,500,863.85, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated ___________, between Contractor and Owner for construction of 2015 STREET RESURFACING PROJECT, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and DRAFT SectionV_Revised 8.17.2015.docx Page 2 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Gator Grading & Paving, LLC By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) ____________________________________ (Corporate Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) DRAFT SectionV_Revised 8.17.2015.docx Page 3 of 17 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Gator Grading & Paving, LLC, of the City of Palmetto, County of Manatee, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2015 STREET RESURFACING PROJECT PROJECT NO.: 14-0051-EN in the Base Bid amount of $2,501,513.85, and the Alternate Bid #1 of ($650.00); for a total contract amount of $2,500,863.85. In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). DRAFT SectionV.docx Page 4 of 17 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cov er the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as sh all be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. DRAFT SectionV.docx Page 5 of 17 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statu tes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. DRAFT SectionV.docx Page 6 of 17 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) Gator Grading & Paving, LLC By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation.) DRAFT SectionV.docx Page 7 of 17 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2015 Street Resurfacing Project Engineering Department PROJECT NO.: 14-0051-EN 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Gator Grading & Paving, LLC Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: _________________________ _________________________ _________________________ ,SURETY, on bond of Gator Grading & Paving, LLC 2704 105TH St. E Palmetto, FL 34221 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ________, _______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): MARIVAJaPALMST SANDY GROVE CAROLYN SR-651 ST PIERCE G ULF-TO-BAYFLORASTATESTKING'SBARBARACARLOSSUNNYDALE ST HART STAPACHE PLAZA FAIRMONT ST NICHOLSON BLUFFTANOKOMIS IROQ UOIS CALU MET SR-590US-19 ALT.SPRUCEELDR IDG EHarbor C H E S T N U T ROGERSCSWYDREWST ALDENJONES HART SR-595GEORGIA MAPLE AVEVINEMAPLE AVEPROSPECTAVEMARKLEY ROGERS DREW AVEAVEST WATTERSONHARRISONOSCEOLACOURT PIERCE ST FORTST LAURAAVE AVECHESTNUT ST COURTMYRTLEGARDENFRANKLINEASTSR-60 HENDRICKS ST PIERCE LAUR A AVEAVEST FERNPARKWINDWARDISLANDPOINT DR AVENICHOLSON CEDAR OSCEOLAAVESPRING PALM AVEFAIRMONT BLUFF MARGO STGARDENST ST METTO PALMMYRTLEERMINE BIDWELLAVEHARRISONSUNSET FORTENGMAN ST MARSHALLDR AVESMINN EFORT HARRISON AVESUNSET DRPRINCES S PLEA SANT BURST SUNCT VENET IA N LEBE AU OSAGE JURGE NS ROOSEVELTOMOHAWKVENETIAN ROSA PARKLINCOLN AVEMaple ST ST LEE ST AVEAVEJACKSON St AVESTGOULD EWINGST STCOURT Brownell BROWNELL ST ROGERS ST CLEV ELAN D ST AVEBOOTHPark StAVEGROVE JEFFERSON AVEBrowns CLEVELAND STGROVE TONAVEMADISONWASHINGAVEN.E. ST FRACIR LIN KN ST ST WASHINGTONMADISONMISSOURIAVEAVEAVEELDR IDG E ST SANTA LINCOLNRDFORESTRDAVEBETTYDRAVEAVE HILLTOPC TBETTYDE LEON COURT SANST ST JUAN FRANKLINKENWOODAVEAVEFRANKLIN PIERCE ST FREDRICALNAVANDAWAYWAVERLYBETTYEVERGREENLADYST HILLCRESTSTMARYLNAVEDR ORANGEVIEWPARK SAN REMOAVECRESTVIEWPRESCOTTHILLCRESTS T E V E N S O N SDROVERBROOKCardova SUNSE T POINT DR AVECR-576 SPRINGTIMERD DRSHERIDANAVE CR-345COLESALOHA HOLTAVEPINELANDSTWASHINGTON MADISONBECKETT GRANT CARLTONTAFT ENGMAN METTO LA SAL LE PENNSYLVANIAST ST STMONROE AVEFULTONMARSHALL SEMINOLE BLUFF MADISONPhillies LnPALM WESTAVEST MISSOURIMADISONAVEN MARTIN LUTHER KING JR AVETANGERINE ST ST ST BECKETT ST MARSHA LL ST ST DOUGLAS AVEST RUSSE LL D R TRAILAVEOVERBROOK HARBOR ST AVEAVEBROOKSYLVANCAROLYN VISTA NIC HOLSON PALMETTO ST WAY STEVENSON WASHINGTONLN LN WILS ON MACOMBERCHENANGOBETTYSPRING THAME S SUNSE T RD ST PINEBROOK WO ODSONADMIRAL ST LNCEDAR FAIRBURNHIBISCUSPINE ST KINGSST PARKWOOD WOODBINE SPRINGDALE Otis C GreenAVEENGMAN STCAROLTONCKCLAIRE DR STODR OVERLEA BROOKDRROLLEN HIGHWAYST ST ST N S BARBARAST FAIRMONT AVEHEAVEN SANDY MARY TERRACE FAIRMONT CR-560JADE L N RDL RD RD CR-365CARLOSSENT LN OTTEN LN HIBISCUS HIBISCUS PARKWOOD WOODBINE SPRINGDALEWESTONJOEL BENTLEYBARBARASEDEEVAEDGEWATERWOODLAWN CIR SEDEE VAST CIR SCHARLES WILSONST SEDEEVAPlazaIVAST GRANADADolores OAKDALERD B Y R A MAVELN BERTLAND POINSETTAPINECRESTN TERR HIGHWAYALPINELAKEBark HERCULES AVESun Tree BlvdGTHASTINGSChathamNUGGETClearview LakeHighland PICARDYPicardy LnBELLSAVESR-590 GULF-TO-BAY Rosemere Rd KARLYNCir DR CASLER CT A V E ST ST ST STBAKERDrMAPLE ST randa CirAVEca OAKWOOD RIDGEWOOD PINEWOODAVE WoodRichards Ct MAPLE ST ST RICHARDSBLVD GULF -TO-BAY GLENWOODST ST ST CLEV ELAN D GROVE LAURA ST Rosewood SR-60BLVD DRKEYSTONELAKEDARTMOUTH HARVARDDRCRESTAVEHIGHLANDORANGEWOOD AVEEDGEWOOD AVEHOBART AVERidgewood GILBERT DR KENNETH CASLERAIRPORT Feathtree Cir TREEDRerMcKINLE Y CORONAAVEVENUSPEGASUSAVEAVEJUPITERDUNCANSTARAVEMARSSATURNAVE AVEVENUSAVERAINBOWORIONAVEAVE HARDINGDUNCAN AVEJUPITER AVEFEATHER CR-576 D RDR MACRAE AVEDRNELSONAVERIDGEWAYSOUTH RD Cir POINT DRHIGHLANDERIN SOUVENIRLN DRJUNEDRDRDRELIZABETH CIR DRWOODWOODAVETERRACEELMWOOD Rosemere Smallwood WALN UTFLAGLERCARLOSDRAVE DRWESTCIRCLE LN ST ROSEMONT SANDY LINWOOD DR LN GREENLEA LOGAN STCLARK WEBBDRST ST AVECR-548 LEVERN BONAIR ST ST RIDGELYNNAVEGENTRY CARROLL ST ST CROWN AVESTEAST LOMBARDYSHARONDALEBELLEMEADEPAMELIAFLORASHERWOOD WEBB LONG SCOTT F L A G L E R LN SunsetWoods Seton Ct THAME S TOWNSEND DRAVEST ST SUNRISEStardust SKYBRAXTONLNBRAGGPALMETTO ARDENAVEAVESTMURRAYCHANDLERAVEST STAVE KEENE RDST AMBLESATURNLNLN AVEARIESLNLEO S LEOLNEBENTLEY PRINCE PHILIP ST LINWOOD CARLISLE GREENHILLMURRAYCIR D R KEENE RDST ST DR KENESAWKEENE RDNE COACHMANSTGUNNCAMELLIA CORNELLNEPTUNEAVEST McKINLE Y HARDING PLAZA ST CI NCI NNATIBRANDONST PATRICIAMARILYN AVEDRBLVD AVEAURORAMETEORARCTURASDRCOMETCLEVELANDAVEAVEAVE HERCULESNIMBUSCIRUSSTAVE AVEAVEDREW DREW PLAZA ST WAYHARDING ST MERCURYAVEPARKCR-425KERRYGRAHAMNE COACHMANDRSHARKEY GRANGER TERRACE MARILYN RDSR-590ST RDDR DROAKMOUNT AcornN NORMAN GULF-TO-BAYSR-60STARCRESTDR CR-501MAINAVECR-528 D ELLAVE DRBELCHERST BLVD HASTINGS LN HaliRIN BARfaxKAPPST DRSUNSHINEDRRANGE PARKHERCULESGRANDWEAVERAVE CEPHASARCTURUSCARROLL SHERWOOD GENTRY ST ST AVECALUMET SUNNYDALE CALU MET CR-425ST PALMETTO DR DRHARTF PeppermillO RDALBRIGH T DRDRBELCHERDRL a g o o n CIR MANOR W MANORAVEHEMERICKARLINGTON PALMETTOCR-550 RD LOGAN ST CR-501ST S RDPLBERKLEYPLCANDLERST ELMHURSTGLENVILLECirRAGLANDWLAGOONAVE LagoonN LagoonECirBLVD RDALLIGATORSTETSONVANDERBILT DR DR RD KRUSE DRDRHUNTINGTONPLATEAU DR BY RAM CIRPOWDERHORNSOUVENIR WINDSOR PL ALGONQUIN SETONOakDRCTDRIVEDRSTARLIGHT ASHTON BRAMPTONLITTLE NECKRDABBEY DUNSTANKEENE RDDAWN LANSINGUtopian CirCR-584KAMENSKY RadcliffeDRClarendonDRTrentONLOS LOMAS DRLOMA LINDA WAYSAN SEBASTIAN WAYRADCLIFFE DRSAN MARINO WAYSANTIAGO WAYGAYLE M O N TC L AI R MADRIDN TODDDEL BETMARSUN TRE E Sun Tree BECK E TTDR RD Utopian Dr E Shangrila DrCamelot DrRDCR-576 PlaceEvergreenKnights MacKenzie PIERCE ST CR-1CR-1RD M E M O RIA L ST Carriage Ln Lantern Way SR-60 SR-60 StrathmillTalisker US-19 ALT.SR-595 Sunset Grove LnFuller D rFuller D r JEFFERSONCLEV ELAN D ST STN MARTIN LUTHER KING JR AVEAVEDOUGLASCR-576 RDPOINTSUNSET CR-576 RDPOINTSUNSET BETTYLNCR-355BETTYLNLONG ST PALMETTO ST PALMETTO ST RidgewoodSt Dr W GREENLEADR HARDING STLASDOUG RD MONTCLAIR ST PROSPECTS2015 ROAD R ESURFACING PROJECT LOCATIONS (14-0051-EN) LOCATION MAP Prepared by:Engineering D epartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyC learwater.com JB 07/15/2015 Map Gen By: Date: Document Path: \\Msb-shares-1\pwa\Engin\ENGINEERING PROJECTS\ROADS BRIDGES AND SIDEWALKS\2015\2015 STREET RESURFACING PROJECT 14-0051-EN\1-Project information\Location maps\11X17 2015 Resurfacing Locations.mxd ² N.T.S.Scale: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1539 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve Purchase Order and Legal Services Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental matters for a five-year period, in the amount of $250,000.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: Environmental Engineering has engaged Baker and Hostetler LLP to serve as legal counsel for addressing the environmental conditions at various city properties. This is for the purpose of satisfying FDEP (Florida Department of Environmental Protection) and EPA (Environmental Protection Agency) regulations to ultimately achieve regulatory closure or compliance of affected city properties or permits. APPROPRIATION CODE AND AMOUNT: 0419-01365-530100-539-000-0000 $250,000 Funds are available in cost code 0419-01365-530100, Stormwater Professional Services , to fund $50,000 in Fiscal Year (FY) 2015 and will be included in budgets FY2016 through FY2019 at $50,000 each year to fund this agreement. Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1543 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order Seven to Reuben Clarson Consulting in the amount of $50,000.00 for continuation of design and inspection services of citywide Seawall Replacements, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Engineering Department is currently in year three of the Citywide Owned Seawall Project. The first phase of this effort was inspection, Ruben Clarson Consulting has inspected most city-owned Seawalls to date and is currently designing repairs and providing construction oversight. Supplemental work order six will provide those services primarily for Island Estates, Sand Key and Clearwater Beach seawalls and bridge abutments. January 3, 2012, Professional Services purchase order was approved to Reuben Clarson Consulting in the amount of $15,504. Supplement worker orders were approved as follows: One for $11,660 on November 30, 2012; two for $13,398 on April 15, 2013; three for $14,850 on June 13, 2013; four for $13,550 on November 25, 2013; five for $11,000 on December 30, 2014; and six for $19,150 on May 20, 2015 for total funding in the amount of $99,112.00. Supplemental Work Order Seven increases the value to $149,112. APPROPRIATION CODE AND AMOUNT: 0315-93412-561300-539-000-0000 $50,000 Funds are available in Capital Improvement Program project 0315-93412, City-wide Seawall Replacement, to fund this work order. Page 1 City of Clearwater Printed on 8/19/2015 WO Initiation Form.docx 1 of 7 8/1/2014 REUBEN CLARSON CONSULTING SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date:7/16/2015 Project Number:N/A City Project Number:15-0029-EN Plan Set Number:N/A 1.PROJECT TITLE: City-wide, City owned Seawall inspections, design and repairs and as requested. 2.SCOPE OF SERVICES: I.PRE-DESIGN PHASE Inspect Seawalls as requested to determine most economical solution. II.DESIGN PHASE Signed and sealed Plans and specifications for Seawall repairs. III.FINAL DESIGN PHASE Included in Phase II IV.BIDDING PHASE Bid package for each location will be prepared. V.CONSTRUCTION PHASE (if applicable) Construction oversight, Invoice approval and final acceptance for seawall repairs. 3.PROJECT GOALS: Inspect Seawalls as requested to determine most economical solution. Prepare Plans and specifications and Bid Packages for seawall repairs. Perform Construction oversight for approval of construction, invoices and final acceptance of the work by the seawall contractor. 4.BUDGET: This price includes all labor and expenses anticipated to be incurred by Reuben Clarson Consulting for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for a fee not to exceed Fifty Thousand Dollars ($50,000.00) WO Initiation Form.docx 2 of 7 8/1/2014 5.SCHEDULE: {Insert a discussion of the schedule, including milestones, and critical events}. The project is to be completed as below from issuance of notice-to-proceed. The project deliverables are to be phased as follows: 30% construction plans NA 60% construction plans and permit applications NA 90% construction plans 20 calendar days Final construction documents 7 calendar days after any comments by City 6.STAFF ASSIGNMENT (Consultant): Reuben Clarson PE and Joe Foster PE 7.CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s/Architect’s project correspondence shall be directed to: Reuben Clarson PE and Joe Foster PE All City project correspondence shall be directed to: Ricky Hess with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization is provided by the City to proceed with those services. City Invoicing Code: 0315-93412-561300-539-000-0000 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts WO Initiation Form.docx 3 of 7 8/1/2014 will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY:APPROVED BY: __________________________________________________________ Reuben Clarson Michael D. Quillen, PE President City Engineer Reuben Clarson Consulting City of Clearwater 4/21/15 ___________________ Date Date Attachment “A” WO Initiation Form.docx 4 of 7 8/1/2014 SUPPLEMENTAL WORK ORDER CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT: The design plans shall be compiled utilizing one of the following standards: City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting documents when utilizing Consultant’s Standards). DATUM: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES: A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES: If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562-4762 or email address: tom.mahony@myclearwater.com. Attachment “B” WO Initiation Form.docx 5 of 7 8/1/2014 City wide Sea Wall Reuben Clarson Consulting SUPPLEMENTAL WORK ORDER PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Pre-Design 1.1 Project Management Plan $0 1.2 Progress Reports $0 1.3 Coordination $0 1.4 Meetings and site inspections $3,000 $3,000 2.0 Design 2.1 Ground Surveys (xyz, Inc.)$0 $0 2.2 Geotechnical Services $0 $0 2.3 Utility Locations by Vacuum Excavation (10)$0 $0 $0 3.0 Final Design Plans and Specifications 3.1 30% Submittal $0 3.2 60% Submittal and Permit Applications $0 3.3 90% Submittal $33,500 3.4 Final Construction Documents $0 $33,500 4.0 Bidding 4.1 Pre-Bid Meeting $1,000 4.2 Prepare Addendums $0 4.3 Review Bid Tabulations and Recommend Award $1,000 $2,000 5.0 Construction Phase Services 5.1 Preconstruction Conference $1,000 5.2 Permitting Close Out $0 5.3 Contractors RFI’s $0 5.4 Shop Drawing Review/oversight $5,500 $6,500 Subtotal, Labor and Subcontractors $45,000.000 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $0 Contingency (10%)$5,000.00 Grand Total $50,000.00 Attachment “C” WO Initiation Form.docx 6 of 7 8/1/2014 REVIEW PERIOD SUBMITTAL REQUIREMENTS This list is intended as a guideline of the items to be completed at various levels of project completion. The specific list for each project shall be finalized in the work order. 30% Construction Plans Requirements for the 30% submittal shall include the following: a. Cover Sheet, b. Legend and Abbreviations per City standards, c. Key Sheet, d. Demolition Plans indicating existing improvements, utilities, and topography, and identification of trees to be removed, e. Preliminary layout of the proposed improvements, existing right-of-way and easements, subdivision, block, and lot number, and plat book and page for adjacent parcels, f.Engineer’s/Architect’s preliminary opinion of probable construction cost, based on the 30 % submittal. 60% Construction Plans In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the following: a. General Construction Notes related to best management practices, utilities, and other conditions relevant to the project, b. Typical pavement sections shall indicate typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas, c. Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater management structures, retaining walls, and related notes, d. Erosion control and tree protection details, including best management practices applied to the project, e. Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV, f.Detailed Cross Sections, g. Wetland Planting Plans and Details, h. Utility Plan including utility relocation/adjustment details indicating utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required, i.Permit Applications, j.Estimated construction quantities, k. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 60% design submittal, and l.Engineer/Architect will review City’s standard technical specifications and modify or supplement as necessary for the project. Attachment “C” WO Initiation Form.docx 7 of 7 8/1/2014 90% Construction Plans The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal shall include the following: a. Maintenance of Traffic Plan, b. Structural plans, details, and calculations, including design and details of shallow foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks, and stability analyses for slopes and retaining walls, c. Detailed construction quantities based upon 90% design, d. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 90% design submittal, and e. Technical specifications and Special Provisions. Final (100%) Construction Documents The 100% submittal shall address the City’s final review comments. Engineering Projects prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the Engineer of Record. The Engineer of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. See Attachment “A” –Deliverables –for specific labeling requirements. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1548 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve a Work Order to Engineer of Record (EOR) Jones Edmunds and Associates, Inc. for Engineering Services at Northeast Water Reclamation Facility (WRF) Blend Tank Improvements (14-0036-UT) in the amount of $159,500.00, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2011, the City requested that EOR Jones Edmunds evaluate the City ’s biosolids facilities and prepare a Northeast WRF Anaerobic Digester and Biosolids Management Evaluation Report. The Report recommended improvements to the sludge handling and storage facilities at the Northeast WRF. The requested $159,500.00 authorization under this Work Order is for professional engineering services including design, permitting, and bidding of the Northeast WRF Blend Tank Improvements. The existing Sludge Storage and Blending Tanks, constructed in the late 1980s, are in need of structural and mechanical improvements. Pumping and Piping improvements are also needed to convert one of the blend tanks to a sludge storage tank to improve plant performance. Scope of services includes design to upgrade the truck off -loading sludge pump station, refurbish/upgrade the two sludge storage and blending tanks, install new Sludge Transfer Pumps, and new Dewatering Feed Pumps. Design also includes electrical and mechanical upgrades to the sludge pumping and storage system. Northeast WRF is located at 3290 State Road 580 Safety Harbor, Florida. APPROPRIATION CODE AND AMOUNT: 0315-96611-561300-535-000-0000 $159,500 Funds are available in capital improvement program project 315-96611, Bio Solids Treatment, to fund this work order. Page 1 City of Clearwater Printed on 8/19/2015 WO Initiation Form.docx 1 of 17 8/1/2014 JONES EDMUNDS & ASSOCIATES, INC. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:July 27, 2015 Project Number:03720-048-01 City Project Number:14-0036-UT 1.PROJECT TITLE: Northeast Water Reclamation Facility (WRF) Blend Tank Improvements –Design and Bidding Phase Services City of Clearwater, Florida 2.SCOPE OF SERVICES: Jones Edmunds &Associates, Inc. is pleased to provide the City of Clearwater with this proposal to design improvements to the following existing systems at the Northeast WRF: Upgrade the truck off-loading pump station (Thickened Waste Activated Sludge [WAS]Pump Station), which off-loads tankers from the East Plant WRF,and modify the pumps and piping to allow pumping the sludge to one of the Sludge Storage and Blending Tanks. Refurbish/upgrade the two 40-foot-diameter Sludge Storage and Blending Tanks to allow off-loading and storage of East Plant WRF waste activated sludge (WAS) prior to pumping to the anaerobic digester. Upgrade and modify suction piping and valves for the Sludge Storage and Blend Tank for feeding East Plant WRF thickened WAS to the anaerobic digester from the north tank and anaerobically digested sludge to the centrifuge dewatering system from the south tank. Install new Sludge Transfer Pumps to pump WAS from the Sludge Storage and Blending Tank to the anaerobic digester to allow continuous low-rate feeding over a 24-hour period to optimize anaerobic digester performance.Install new Dewatering Feed Pumps to pump from the Sludge Storage and Blending Tank to the centrifuge and/or the belt filter press. Upgrade electrical, instrumentation,and control for the above-mentioned unit treatment processes. Incorporate the design of the Biosolids Optimization at Northeast WRF improvements (Jones Edmunds & Associates, Inc., May 2015)into this project, including the following: o Install a permanent Pickett Thickener overflow bypass line to the effluent launder of Primary Clarifier No. 1 WO Initiation Form.docx 2 of 17 8/1/2014 o Install a permanent bypass line for the waste activated sludge rotary drum thickener effluent to the effluent launder of Primary Clarifier No. 2. Background In 2011, the City requested that Jones Edmunds evaluate the City’s biosolids facilities and prepare a Northeast WRF Anaerobic Digester and Biosolids Management Evaluation Report. The Evaluation identified the need to store transported biosolids from the East WRF (and potentially the Marshall Street WRF) before introduction into the Northeast WRF’s anaerobic digesters at an equalized rate over a 24-hour period. This would minimize shock-loading (which promotes foaming problems) when haulers off-load the East WRF biosolids directly into the primary anaerobic digester without any equalization, as well as improve digester gas production. The Evaluation recommended converting one of four unused 220,000-gallon aerobic digesters at the Northeast WRF into a compartmentalized storage/equalization tank. However, subsequent discussions with the City in January 2014 shifted the focus of this project to the two Sludge Storage and Blending Tanks at the Northeast WRF to serve this purpose after necessary refurbishing/upgrading (structural repairs, mixing system upgrades, and piping and pumping system upgrades as identified in this proposal). The north Sludge Storage and Blending Tank is proposed for East Plant WRF biosolids storage/equalization before sludge transfer to the primary anaerobic digester, and the south tank is proposed to store anaerobically digested sludge before centrifuge dewatering. The Northeast WRF’s two 40-foot-diameter Sludge Storage and Blending Tanks, constructed in the late 1980s, are currently used to store digested biosolids before dewatering. Each 127,000-gallon tank is equipped with an Eimco 10-HP radial sludge agitator (with a variable- speed gear motor). The tanks are constructed of 12-inch-thick reinforced concrete walls that are 18 feet high and covered with fiberglass covers. An elevated steel walking bridge spans between them. In October 2012, the tank exteriors were structurally inspected by Engineering Technologies of Lake Mary, Florida (under direct contract with the City). A minor horizontal circumferential crack was observed around each tank at approximately mid-wall height. A few areas of seepage were observed, with the majority of the seepage found at the walkway support corbels. The most recent tank coating was observed to be blistered in a few locations. The inside of the tank was not observed, but we believe that the interior of the tank is not coated. The structural inspection report provided recommendations that included coating the interior of the tank perimeter walls with an elastomeric coating to bridge creepage cracks and prevent moisture from coming in contact with the reinforcement. Structural improvements to the tanks are included in this project. Process upgrades are also proposed as part of this project to allow one of the Sludge Storage and Blending Tanks to receive and store trucked sludge via the upgraded Thickened WAS Pump Station (off-loading sludge from the East WRF) and to allow the other tank to receive and store digested sludge from the secondary anaerobic digester before dewatering via the centrifuge or belt filter press. Thickened WAS from the East WRF is transported via tanker trucks to the Northeast WRF for digestion. The Thickened WAS Pump Station at the Northeast WRF (which receives the sludge from the East WRF and pumps the sludge to the digesters or Sludge Storage and Blending Tanks) will also be upgraded as part of this project to improve reliability and operability, reduce WO Initiation Form.docx 3 of 17 8/1/2014 maintenance, and allow flexibility to pump to sludge storage tanks or directly to anaerobic digester. I.PRE-DESIGN PHASE (TASK 1.0) Task 1.1 – Develop Basis of Design (30% Submittal) a. Meet with the City to discuss the design concepts and the City’s requirements. Conduct a site visit to the Northeast WRF to review the existing conditions with the City operation, maintenance, and engineering staff. Agree to what will be reused, demolished, and upgraded. b. Conduct a limited ground survey to confirm the location of existing above and buried infrastructure and confirm tank and piping elevations within the project area. c. Arrange for exterior and interior inspection of the Sludge Storage and Blending Tanks by a subconsultant structural engineer (this will require two site visits). The City will dewater, empty, and clean tanks to allow inspection. Verify that one tank can be out of service for tank inspections and rehabilitation. d. Develop and obtain the City’s approval for the 30% design concept based on the following proposed improvements to the Northeast WRF: Provide the ability for the piping connections for sludge pumping from and to the Sludge Storage and Blending Tanks to be connected to additional piping in the future. Refurbish/upgrade the Sludge Storage and Blending Tanks at the Northeast WRF to allow one of the tanks to function as storage/equalization for the digesters and the other to serve as storage for the dewatering operation. The design will incorporate the following: o Conduct a structural inspection of the inside tank perimeter wall and update the inspection report submitted by Engineering Technologies on November 14, 2012. o Perform structural refurbishment work based on the inspection recommendations, including pressure injection of cracks, interior concrete repairs of damaged concrete, interior coating system, and exterior coating repair in areas that are bubbled. o Install new top-mounted tank mixers in each tank along with structural supports to support the mixers. We assume that the existing fiberglass tank covers will require replacement to allow the new mixers to be installed. o Install aluminum flat covers to replace the existing fiberglass covers. o Install two new low-capacity sludge-transfer pumps to pump stored sludge to the primary or secondary digester at a low-flow rate over a 24-hour period to limit shock loadings (approximately 20 to 50 gpm) and associated piping, electrical, and instrumentation and controls. The pumps will be configured to operate in a Lead, Lag, and Standby arrangement with two pumps providing the required firm capacity and the third pump for standby and/or peak pumping rate. o Upgrade the existing truck off-loading pump station (Thickened WAS Pump Station) including associated pumps, piping, valves, electrical, instrumentation and controls, and concrete pad with containment area and drainage. WO Initiation Form.docx 4 of 17 8/1/2014 o Construct new equipment pads and sidewalks for maintenance and operation purposes. o Modify yard piping to convey sludge from the Thickened WAS Pump Station to one of the Sludge Storage and Blending Tanks, from the Sludge Storage and Blending Tank to the digesters, and from the digesters to the other Sludge Storage and Blending Tank for dewatering. o Replace corroded or damaged piping required for the Sludge Storage and Blending Tanks and for the truck off-loading pump station. Replace the Dewatering Feed Pumps. Replace the suction header piping, valves, and fittings from the Sludge Storage and Blending Tanks through the pumps to the discharge isolation valve. Develop and summarize the controls protocols that will be used for the upgrade. The City requested that design of the controls integration be included in this Scope of Services (refer to the 60% design summary for additional information). For the purposes of this proposal, we have assumed that communication for the Blend Tank instruments will continue to be routed to the Filter Building PLC. These signals are currently hard wired, which poses issues by inducing potential surges due to the long copper wire distances. The resolution this issue will be to replace the copper wire with fiber optic cable over remote I/O. Develop and submit five copies of the Basis of Design (30%) design plans and technical memorandum to the City to review. Prepare a preliminary opinion of probable construction cost and submit it to the City to review. Meet with the City to review the Basis of Design. II.DESIGN PHASE – (SITE INVESTIGATIONS) – TASK 2.0 For this Scope of Services, we assume that a limited ground survey and subsurface utility locates (horizontal and vertical) will be completed to confirm the location of existing infrastructure and as a check on the previous Record Drawings. This work has been included in the project budget table as Task 2.0, with compensation on a time-and-materials basis. No geotechnical investigations are included as part of this Work Order. III.FINAL DESIGN PHASE (PLANS AND SPECIFICATIONS) – TASK 3.0 Task 3.1 – 60% Design Documents 1. Address City comments on the 30% Basis of Design and prepare 60% design plans and specifications (process, civil, mechanical, electrical, structural, instrumentation and controls). 2. Incorporate the May 2015 Biosolids Optimization at Northeast WRF drawings into the plan set. 3. The City requested that Jones Edmunds include design of the controls integration into the Scope of Services for this project. Jones Edmunds will incorporate the following components into the design documents: Piping and Instrumentation Diagram (P&ID) drawings with communication points of connection shown along with a panel diagram. WO Initiation Form.docx 5 of 17 8/1/2014 PLC programming changes to accommodate the process changes into the plant’s control network. During a May 13, 2015 meeting with the City, it was determined that the new equipment will be integrated into the Sand Filter PLC, which was recently upgraded (so PLC replacement is not required). The Sand Filter PLC is an Allen Bradley/Rockwell PLC with ControlLogix version 21.11 Studio 5000 v. 21.03. Allen Bradley/Rockwell ladder logic protocols will be used in the program design. The copper wire signal wires will be replaced with fiber optic cable over remote I/O. Modifications to the existing Citect SCADA screens to incorporate process and equipment changes. 4. Submit five hard copies and a .pdf copy of the 60% design plans and specifications to the City for review. 5. Prepare a 60% opinion of probable construction cost and submit it to the City for review. 6. Meet with the City to review the 60% design documents. Task 3.2 – 90% Design Documents a. Prepare 90% design plans and specifications (process, civil, mechanical, electrical, structural, instrumentation and controls), incorporating the City’s comments from the 60% design review. b. Submit five copies of the 90% design plans and specifications to the City to review. c. Prepare a 90% opinion of probable construction cost and submit it to the City to review. d. Meet with the City to review the 90% design documents. Task 3.3 – 100% Design Documents a. Prepare 100% plans and specifications, incorporating the City’s comments from the 90% design review. b. Submit five hard copies and a .pdf copy of the 100% design plans and specifications to the City to review. c. Submit eight copies of the 100% design plans and two sets of specifications to the City for the Building Permit Application. d. Prepare a 100% opinion of probable construction cost and submit it to the City to review. e. Meet with the City to review the 100% design documents. Below is a preliminary list of drawings expected to be developed as part of this project: DRAWING NO.DRAWING TITLE G-1 COVER SHEET G-2 DRAWING INDEX AND DESIGNATION, ABBREVIATIONS G-3 GENERAL NOTES AND SYMBOLS G-4 SITE PLAN AND YARD PIPING PLAN DEMOLITION G-5 SITE PLAN AND YARD PIPING PLAN MODIFICATIONS G-6 GENERAL LAYOUT G-7 STORMWATER POLLUTION PREVENTION PLAN NOTES WO Initiation Form.docx 6 of 17 8/1/2014 DRAWING NO.DRAWING TITLE G-8 STORMWATER POLLUTION PREVENTION PLAN DETAILS D-1 DEMOLITION PLAN I C-1 SITE GRADING AND DRAINAGE PLAN C-2 DETAILS I A-1 DEMOLITION PLAN AND SECTIONS A-2 MODIFICATION PLAN, SECTIONS AND DETAILS S-1 SLUDGE STORAGE AND BLENDING TANK REPAIR DETAILS I S-2 SLUDGE STORAGE AND BLENDING TANK REPAIR DETAILS II S-3 SLUDGE STORAGE AND BLENDING TANK MIXER STRUCTURAL SUPPORTS PLAN S-4 SLUDGE STORAGE AND BLENDING TANK MIXER STRUCTURAL SUPPORTS SECTIONS AND DETAILS S-5 TRUCK OFF-LOADING STATION DEMOLITION S-6 TRUCK OFF-LOADING STATION MODIFICATION PLANS AND SECTIONS S-7 BLEND TANK COVERS –PLAN, SECTIONS AND DETAILS S-8 DETAILS I S-9 DETAILS II M-1 DIGESTED SLUDGE TRANSFER PUMPS PLAN AND SECTION M-2 SLUDGE STORAGE AND BLENDING TANK TRANSFER PUMPS PLAN AND SECTION M-3 SLUDGE STORAGE AND BLENDING TANK TRANSFER PUMPS DETAILS M-4 SLUDGE STORAGE AND BLENDING TANK MIXER DEMOLITION M-5 SLUDGE STORAGE AND BLENDING TANK MIXER MODIFICATIONS PLAN AND SECTIONS M-6 THICKENED WAS TRANSFER PUMP DEMOLITION M-7 THICKENED WAS TRANSFER PUMP MODIFICATIONS M-8 DEWATERING FEED PUMP DEMOLITION M-9 DEWATER FEED PUMP MODIFICATIONS M-10 PICKETT THICKENER OVERFLOW -DEMOLITION PLAN & DETAILS M-11 PICKETT THICKENER OVERFLOW -SITE & YARD PIPING PLAN M-12 PICKETT THICKENER OVERFLOW –DETAILS M-13 DETAILS I M-14 DETAILS II M-15 DETAILS III I-1 GENERAL NOTES AND SYMBOLS I-2 P&ID I I-3 P&ID II I-4 INSTRUMENTATION DETAILS I I-5 INSTRUMENTATION DETAILS II E-1 GENERAL NOTES AND SYMBOLS E-2 SINGLE-LINE DIAGRAMS E-3 ELECTRICAL AND CONTROL PANELS WO Initiation Form.docx 7 of 17 8/1/2014 DRAWING NO.DRAWING TITLE E-4 WIRING AND CONDUITS PLAN E-5 WIRING AND CONDUITS DETAILS E-6 ELECTRICAL DETAILS Below is a preliminary list of specifications expected to be developed as part of this project: SPECIFICATION NO. SPECIFICATION TITLE DIVISION 0 –CLIENT’S FRONT-END DOCUMENTS DIVISION 1 –GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01100 SUMMARY OF WORK 01200 MEASUREMENT AND PAYMENT 01290 SCHEDULE OF VALUES 01300 CONTRACT ADMINISTRATION 01310 CONSTRUCTION COORDINATION 01320 PROGRESS SCHEDULE 01325 CONSTRUCTION PHOTOGRAPHS 01330 SUBMITTALS AND ACCEPTANCE 01350 ENVIRONMENTAL PROTECTION PROCEDURES 01400 QUALITY REQUIREMENTS 01450 TESTING AND TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01600 MATERIALS AND EQUIPMENT 01650 DELIVERY, STORAGE, AND HANDLING 01720 FIELD ENGINEERING 01730 CUTTING, CORING, AND PATCHING 01735 CONTROL OF WORK 01740 FINAL CLEANING 01755 EQUIPMENT TESTING AND STARTUP 01770 PROJECT CLOSEOUT 01780 WARRANTIES AND BONDS 01785 RECORD DOCUMENTS 01815 MAINTENANCE OF PLANT OPERATION AND SEQUENCE OF CONSTRUCTION 01820 TRAINING 01830 OPERATIONS AND MAINTENANCE MANUALS DIVISION 2 –SITE CONSTRUCTION 02220 DEMOLITION AND MODIFICATIONS 02230 SITE PREPARATION 02300 EARTHWORK FOR STRUCTURES WO Initiation Form.docx 8 of 17 8/1/2014 SPECIFICATION NO. SPECIFICATION TITLE 02305 EARTHWORK FOR UTILITIES 02370 EROSION AND SEDIMENTATION CONTROL 02700 PAVEMENT REPAIRS AND RESTORATION 02955 PIPELINE ABANDONMENT GROUTING DIVISION 3 –CONCRETE 03100 CONCRETE FORMWORK 03200 CONCRETE REINFORCEMENT 03250 CONCRETE JOINTS AND JOINT ACCESSORIES 03300 CAST-IN-PLACE CONCRETE 03360 CONCRETE FINISHES 03480 PRECAST CONCRETE STRUCTURES 03600 GROUT 03930 MODIFICATIONS AND REPAIR TO CONCRETE DIVISION 5 –METALS 05120 STRUCTURAL STEEL 05500 METAL FABRICATIONS 05520 METAL HANDRAILS AND RAILINGS DIVISION 7 –THERMAL AND MOISTURE PROTECTION 07900 JOINT SEALERS DIVISION 9 –FINISHES 09900 PAINTING AND COATING DIVISION 11—EQUIPMENT 11000 GENERAL EQUIPMENT REQUIREMENTS 11354 SLUDGE TRANSFER PUMPS 11356 DEWATERING FEED PUMPS 11385 TANK MIXING EQUIPMENT DIVISION 13—SPECIAL CONSTRUCTION 13125 ALUMINUM COVERS 13401 PROCESS INSTRUMENTATION AND CONTROLS DIVISION 15—MECHANICAL 15050 BASIC MECHANICAL MATERIALS AND METHODS 15055 PIPING SYSTEMS—GENERAL 15060 PIPE HANGERS AND SUPPORTS 15075 PROCESS EQUIPMENT, PIPING, AND VALVE IDENTIFICATION 15105 WALL PIPES, SEEP RINGS, AND PENETRATIONS 15110 MANUAL, CHECK, AND PROCESS VALVES 15119 ELECTRICAL MOTOR ACTUATOR FOR VALVES 15121 MISCELLANEOUS PIPE FITTINGS AND ACCESSORIES 15122 FLEXIBLE PIPE COUPLINGS AND EXPANSION JOINTS 15125 PIPING APPURTENANCES 15140 HEATING AND COOLING PIPING WO Initiation Form.docx 9 of 17 8/1/2014 SPECIFICATION NO. SPECIFICATION TITLE 15144 PRESSURE TESTING OF PIPING 15155 DUCTILE IRON PIPE AND FITTINGS 15223 STAINLESS STEEL PIPING 15245 INSULATED FLANGES 15250 SMALL-DIAMETER PIPING DIVISION 16—ELECTRICAL 16260 VARIABLE SPEED DRIVES 16401 LOW VOLTAGE ELECTRICAL WORK –GENERAL REQUIREMENTS IV.FINAL DESIGN PHASE – (PERMITTING) – TASK 4.0 Task 4.1 – Permitting The City indicated that it would like the ability to transport sludge from the Marshall Street WRF to the Northeast WRF. Based on preliminary discussions with the Florida Department of Environmental Protection (FDEP) and a review of the Marshall Street WRF, no permit modifications are required to implement this alternative (a letter of notification is required). This has been excluded from the Scope of Services. The City has also indicated that it would like the ability to transport sludge from the Northeast WRF to the Marshall Street WRF during emergency periods or times when the Northeast WRF is down for maintenance. A minor FDEP permit modification would be required to implement this. However, at the May 13, 2015 meeting with the City, it was determined that this FDEP permitting effort would be excluded from the Scope of Services. Jones Edmunds will perform the following as part of the Permitting Phase: a. Prepare a Building Permit Application for submission to the City. V.BIDDING PHASE – (FINAL CONSTRUCTION DOCUMENTS) – TASK 5.0 Task 5.1 – Bid-Phase Services a. Address the final City’s comments on the 100% design documents. b. Prepare and submit three signed-and-sealed copies and one electronic copy of the bid documents to the City, incorporating the City’s comments on the 100% design documents. c. Attend one pre-bid meeting and prepare pre-bid meeting minutes and submit them to the City for distribution. d. Respond to requests for information (RFIs) from bidders and issue up to three addenda if necessary. The last addendum, if required, will be issued 7 days before bid opening. e. Tabulate and evaluate bids and provide recommendation to the City for award. f.Prepare and submit three signed-and-sealed copies and one electronic copy of the conformed contract documents to the City incorporating the changes related to the addenda. WO Initiation Form.docx 10 of 17 8/1/2014 VI.CONSTRUCTION PHASE Construction-phase services are not included and will be provided as a separate Work Order. 3.PROJECT GOALS: Upgrade/refurbish the Northeast WRF Sludge Storage and Blending Tanks to allow biosolids from the East and Marshall Street WRFs to be temporarily stored and pumped to the anaerobic digester over a 24-hour period to reduce shock-loadings to the anaerobic digester; reduce foaming; and facilitate flexibility in biosolids handling, processing, and disposal. Convey digested biosolids from the anaerobic digester to the other Sludge Storage and Blending Tank (not used for East Plant WRF temporary storage) or directly from the secondary anaerobic digester to centrifuge dewatering. Replace the existing suction header piping, valves, and dewatering feed pumps and provide additional suction header piping and new sludge transfer pumps. Install a permanent Pickett Thickener overflow bypass line to the effluent launder of Primary Clarifier No. 1 to mitigate upset events that cause dilute primary sludge to be pumped to the anaerobic digester. A detailed plan for maintenance of plant operations will be developed for the Contract Documents to allow the Sludge Storage and Blending Tanks to remain in service during construction. 4.BUDGET: See attachment “B” This fee includes all labor and expenses expected to be incurred by Jones Edmunds for completing Task 2.0 in accordance with Professional Services Method “A” – Cost Times Multiplier Basis and Tasks 1.0, 3.0, 4.0, and 5.0 with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed One Hundred and Fifty Nine Thousand Five Hundred Dollars ($159,500). 5.SCHEDULE: The project is to be completed in approximately 8 months from issuance of Notice to Proceed (NTP) excluding bid-phase and construction-phase services. The project deliverables are to be phased as follows: Site Investigation and Basis of Design 45 calendar days from NTP and Kickoff Meeting with City Basis of Design Review Meeting with City 14 calendar days after Basis of Design Memo Submission 60% Design Documents 60 calendar days after Basis of Design Review Meeting 60% Design Review Meeting with City 14 calendar days after 60% Submittal 90% Design Documents 45 calendar days after 60% Design Review Meeting 90% Design Review Meeting with City 14 calendar days after 90% Submittal 100% Design Documents 14 calendar days after 90% Review Meeting 100% Design Review Meeting with City 14 calendar days after 100% Submittal WO Initiation Form.docx 11 of 17 8/1/2014 Bid Documents 21 calendar days after 100% Review Meeting 6.STAFF ASSIGNMENT (Consultant): Jones Edmunds & Associates, Inc. Staff Tom Friedrich, PE, BCEE Client Services Manager/Senior QA/QC Greg Perrine, PE Utilities Director Bartt Booz, PE Project Manager Chris Baggett, PE Senior Project Engineer – Pump QA/QC Mike Clark, PE Senior Electrical Engineer – QA/QC Bilgin Erel, PE Structural Engineer David Fitzgerald, PE Electrical, Instrumentation and Controls Engineer Justin Kise, PE Project Engineer Sean Menard, EI Engineering Intern Gregg Fruecht Construction Administrator All City project correspondence shall be directed to: City Staff Kelly O’Brien Project Manager Randy Barnoski Northeast WRF Lead Operator David Porter, PE Acting Public Utilities Director Kathryn McGrath Wastewater Environmental Technologies Manager Kervin St. Aimie Utilities Coordinator - Maintenance 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Bartt Booz, PE, with a copy to Tom Friedrich, PE, BCEE. All City project correspondence shall be directed to Kelly O’Brien,with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: Invoices, for work performed, shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, PO Box 4748, Clearwater, Florida 33758- 4748. City Invoicing Code: 0315-96611-561300-535-000-000 WO Initiation Form.docx 12 of 17 8/1/2014 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned, and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The following services/scope of services items are specifically excluded from or are assumed for this Work Order: A. This Scope of Services does not include geotechnical work, which is not anticipated since tanks or large structures are not being constructed. B. The City will arrange to empty and clean each Sludge Storage and Blending Tank during the Pre-Design Phase to allow our structural engineer to inspect tank interiors. C. Existing yard piping record drawings will be used for the design. Limited survey and SUE services have been included under Task 2.0 on a time-and-materials basis, if needed. D. Based on the City’s direction, odor control systems are not included in this Scope of Services. E. For this proposal, we assume that the existing Sludge Storage and Blending Tank fiberglass covers will be replaced to accommodate the new mixers. F. The reliability class requirements for individual unit operations and processes for any facility are not estimated to be changed by the proposed modifications. PREPARED BY:APPROVED BY: ________________________________________________ Stanley F. Ferreira, Jr., PE Michael D. Quillen, PE President & CEO City Engineer Jones Edmunds & Associates, Inc.City of Clearwater ______________________________________ Date Date Attachment “A” WO Initiation Form.docx 13 of 17 8/1/2014 WORK ORDER INITIATION FORM CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT The design plans shall be compiled utilizing the following methods: City of Clearwater CAD standards. DATUM: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES: If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562-4762 or email address: tom.mahony@myclearwater.com. Attachment “B” WO Initiation Form.docx 14 of 17 8/1/2014 Blend Tank Improvements – Design and Bidding Phase Services Jones Edmunds & Associates, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Pre-Design Phase (Basis of Design)–Lump Sum Basis 1.1 Sludge Storage and Blend Tank – 30% Submittal $ 9,000 $ 28,700 $37,700 $ 37,700 2.0 Design Phase (Site Investigations)–Cost Time Multiplier Basis 2.1 Ground Surveys $7,500 $0 $7,500 2.2 Geotechnical Services $0 $0 2.3 Utility Locations by Vacuum Excavation $5,000 $0 $5,000 $ 12,500 3.0 Final Design Phase (Plans and Specifications)–Lump Sum Basis 3.1 Sludge Storage and Blend Tank – 60% Submittal $ 11,000 $ 40,400 $51,400 3.2 Sludge Storage and Blend Tank – 90% Submittal $ 8,000 $ 18,700 $26,700 3.3 Sludge Storage and Blend Tank – 100% Submittal $ 6,000 $ 12,100 $18,100 $ 96,200 4.0 Permitting Services –Lump Sum Basis 4.1 Apply for City Building Permit $ 0 $ 2,000 $2,000 $ 2,000 5.0 Final Construction Documents and Bidding Phase –Lump Sum Basis 5.1 Sludge Storage and Blend Tank -Final Construction Documents and Bid Phase Services $ 2,000 $ 9,100 $11,100 $ 11,100 6.0 Construction Phase Services 6.1 Site Observation $ 0 6.2 Construction Administration $ 0 $ 0 6.3 Task Allowance (10%)$ 0 $ 0 Subtotal, Labor and Subcontractors $159,500 Permit Review Fees $ 0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $ 0 Grand Total $ 159,500 Attachment “C” WO Initiation Form.docx 15 of 17 8/1/2014 REVIEW PERIOD SUBMITTAL REQUIREMENTS This list is intended as a guideline of the items to be completed at various levels of project completion. The specific list for each project shall be finalized in the work order. 30% Construction Plans Requirements for the 30% submittal shall include the following: a. Cover Sheet, b. Legend and Abbreviations per City standards, c. Key Sheet, d. Demolition Plans indicating existing improvements, utilities, and topography, and identification of trees to be removed, e. Preliminary layout of the proposed improvements, existing right-of-way and easements, subdivision, block, and lot number, and plat book and page for adjacent parcels, f.Engineer’s/Architect’s preliminary opinion of probable construction cost, based on the 30 % submittal. 60% Construction Plans In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the following: a. General Construction Notes related to best management practices, utilities, and other conditions relevant to the project, b. Typical pavement sections shall indicate typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas, c. Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater management structures, retaining walls, and related notes, d. Erosion control and tree protection details, including best management practices applied to the project, e. Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV, f.Detailed Cross Sections, g. Wetland Planting Plans and Details, h. Utility Plan including utility relocation/adjustment details indicating utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required, i.Permit Applications, j.Estimated construction quantities, k. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 60% design submittal, and Attachment “C” WO Initiation Form.docx 16 of 17 8/1/2014 l.Engineer/Architect will review City’s standard technical specifications and modify or supplement as necessary for the project. 90% Construction Plans The 90% construction plans shall include the design items required for the construction of the project, including the special provisions and technical specifications. In addition to the items in the 60% submittal, requirements for the 90% submittal shall include the following: a. Maintenance of Traffic Plan, b. Structural plans, details, and calculations, including design and details of shallow foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks, and stability analyses for slopes and retaining walls, c. Detailed construction quantities based upon 90% design, d. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on the 90% design submittal, and e. Technical specifications and Special Provisions. Final (100%) Construction Documents The 100% submittal shall address the City’s final review comments. Engineering Projects prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the Engineer of Record. The Engineer of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. See Attachment “A” –Deliverables –for specific labeling requirements. Attachment “C” WO Initiation Form.docx 17 of 17 8/1/2014 NE WRF BLEND TANK IMPROVEMENTS (14-0036-UT) WORKORDER INITIATION CHECKLIST APPROVAL CHECKLIST Name Title “Initials”Date Reviewed David Porter Acting Public Utilities Director DWP 7/23/15 Public Utilities Asst. Director Kathy McGrath WET Manager KM 7/23/15 Stephanie Sansom Sr. Accountant Engineering Sss 7/24/15 Yvonne Taylor Controller Public Utilities YMT 7/23/15 Robert Fahey Utilities Engineering Manager RSF 7/16/15 Michael Quillen Engineering Director Scott Rice Engineering Dept. Assistant Director DSR 7/13/15 Kelly J. O’Brien Project Manager KJO 7/9/15 SR 580 SR 580 McMULLEN-BOOTH RD McMULLEN-BOOTH RD BRIAR CREEK BLVD BRIAR CREEK BLVD RIGSBY RIGSBY COUNTRY VILLAS DR COUNTRY VILLAS DR CLUBVIEW DR CLUBVIEW DR RIGSBY LN RIGSBY LN BEECHWOOD DR BEECHWOOD DR HILLCREST DR HILLCREST DR PINEWOOD TER PINEWOOD TER CEDAR ELM DR CEDAR ELM DR KENDALE DR KENDALE DR TIMBERVIEW DR TIMBERVIEW DR LOTUS DR LOTUS DR NESTLEBRANCH DR NESTLEBRANCH DR MEADOWCROSS DR MEADOWCROSS DR DIAMOND BLVD DIAMOND BLVD NATURES TRL NATURES TRL TIMBER CIR TIMBER CIR FOREST CIR FOREST CIR JUNIPERUS DR JUNIPERUS DR RED FOX RUN RED FOX RUN PEACOCK CIR PEACOCK CIR LIVE OAK CT LIVE OAK CT LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Sludge BlendTanks Location ^ MBK KO N.T.S.201B 21-28s-16e7/31/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Northeast WRFBlend Tank Improvements14-0036-UT Document Path: V:\GIS\Engineering\Location Maps\NortheastWRF.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1540 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Auditor Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve agreement for professional external audit services for five fiscal years ending September 30, 2015 through 2019, with the accounting/auditing firm of Cherry Bekaert LLP, for a not-to-exceed amount of $686,400, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City employed the accounting/auditing firm of Kirkland, Russ, Murphy and Tapp, subsequently acquired by Mayer Hoffman McCann P.C., for external auditing services for the five fiscal years ending September 30, 2010 through 2014. Per City Charter, Article II, Section 2.01(c)(3), the City cannot employ an external audit firm for more than five consecutive years. The City solicited proposals for external auditing services from qualified firms per Request for Proposal 47-15 issued May 14, 2015. Five firms submitted proposals that were ranked by the City’s Audit Committee comprised of: Councilmember Bill Jonson; citizen appointee, Herb McLachlan; and three City staff members: Martin Moran, Fire Administrative Support Manager; Mary Beth Setter, Finance Accounting Manager; and Robin Gomez, City Auditor. The committee completed a preliminary ranking of the proposals and three firms were chosen as finalists for oral presentations and interviews: Carr, Riggs and Ingram, LLC; Cherry Bekaert LLP; and CliftonLarsenAllen LLP. Per the RFP guidelines, the committee weighed and combined the rankings of proposals, reference checks, and oral interviews to arrive at a composite ranking for each firm. Cherry Bekaert LLP emerged as the top ranked firm. The proposed contract includes a fixed fee of $117,500, for the fiscal year 2015 audit, representing an 8% decrease from the fiscal year 2014 audit fee of $128,400. For fiscal years 2016 through 2019, Audit fees will increase 3% annually to a total of $132,300 in fiscal year 2019, the fifth and final year. A 10% contingency is also included in the funding request to fund expenses related to any significant changes in the scope of the audit due to new governmental accounting and auditing standards/practices, federal grants, or other. APPROPRIATION CODE AND AMOUNT: Budgeted funds for this agreement are available in the Finance, Professional Services expense code: 0010-09821-530100-513-000-0000. Page 1 City of Clearwater Printed on 8/19/2015 401 East Jackson Street, Suite 3400, Tampa, FL 33602 | P 813.251.1010 | cbh.com July 28, 2015 Brian Jay Ravins, Finance Director City of Clearwater, Florida 100 S. Myrtle Avenue Clearwater, Florida 33756 Mr. Ravins: This engagement letter between City of Clearwater, Florida (hereafter referred to as the “City”) and Cherry Bekaert LLP (the “Firm” or “Cherry Bekaert”) sets forth the nature and scope of the services we will provide, the City’s required involvement and assistance in support of our services, the related fee arrangements and other Terms and Conditions, which are attached hereto and incorporated by reference, designed to facilitate the performance of our professional services and to achieve the mutually agreed upon objectives of the City. SUMMARY OF SERVICES We will provide the following services to the City as of and for the year ended September 30, 2015: Audit services 1. We will audit the basic financial statements of the City as of and for the year ended September 30, 2015 including the governmental activities, the business type activities, each major fund and the remaining fund information. We will also audit the financial statements of each of the City’s non-major governmental, non-major enterprise, internal service and fiduciary funds presented as supplementary information, as defined by the Governmental Accounting Standards Board, in the accompanying combining and individual fund financial statements as of and for the year ended September 30, 2015. 2. Accounting standards generally accepted in the United States of America provide for certain required supplementary information ('RSI"), such as management's discussion and analysis, to accompany the City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. 3. Supplementary information, other than RSI, also accompanies the City’s basic financial statements. We will subject such supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements. 4. Additional information, such as the introductory section and statistical section, will not be subjected to the auditing procedures applied in our audit of the financial statements, and, accordingly, our auditors' report will disclaim an opinion on such information. Accounting and other services We will provide the following additional services: 1. Complete the appropriate sections of and sign the Data Collection Form. City of Clearwater, Florida July 28, 2015 Page 2 YOUR EXPECTATIONS As part of our planning process, we have discussed with you your expectations of Cherry Bekaert, changes that occurred during the year, your views on risks facing you, any relationship issues with Cherry Bekaert, and specific engagement arrangements and timing. Our services plan, which includes our audit plan, is designed to provide a foundation for an effective, efficient, and quality-focused approach to accomplish the engagement objectives and meet or exceed your expectations. Our service plan will be reviewed with you periodically and will serve as a benchmark against which you will be able to measure our performance. Any additional services that you may request, and that we agree to provide, will be the subject of separate written arrangements. The City recognizes that our professional standards require that we be independent from you in our audit of your financial statements and our accompanying report in order to ensure that our objectivity and professional skepticism have not been compromised. As a result, we cannot enter into a fiduciary relationship with you and you should not expect that we will act only with due regard to your interest in the performance of this audit and you should not impose on us special confidence that we will conduct this audit with only your interest in mind. Because of our obligation to be independent of you, no fiduciary relationship will be created by this engagement or audit of your financial statements. The engagement will be led by John Gilberto, who will be responsible for assuring the overall quality, value, and timeliness of the services provided to you. AUDIT SERVICES The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the Summary of Services section when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on: Internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements and grants, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General of the State of Florida. The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe (1) the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, (2) the scope of testing internal control over compliance for major programs and major program compliance and the result of that testing and to provide an opinion on compliance but not to provide an opinion on the effectiveness of internal control over compliance, and (3) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance and with City of Clearwater, Florida July 28, 2015 Page 3 OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General of the State of Florida, in considering internal control over compliance and major program compliance. The paragraph will also state that the report is not suitable for any other purpose. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; Government Auditing Standards, issued by the Comptroller General of the United States; the provisions of OMB Circular A-133; the Single Audit Act Amendments of 1996; and Chapter 10.550, Rules of the Auditor General of the State of Florida, and will include tests of accounting records, a determination of major programs in accordance with Circular A-133, Chapter 10.550, and other procedures as deemed necessary to enable us to express such opinions and to render the required reports. If any of our opinions resulting from the procedures described above are other than unmodified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue a report as a result of this engagement. ACCOUNTING AND OTHER SERVICES Data Collection Form We will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the City; however, it is management’s responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to the designated federal audit clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors’ reports or nine months after the end of the audit period. Management’s responsibilities related to accounting and other services For all nonattest services we perform in connection with the engagement, you are responsible for designating a competent employee to oversee the services, make any management decisions, perform any management functions related to the services, evaluate the adequacy of the services, and accept overall responsibility for the results of the services. Prior to the release of the report, Management will need to sign a representation letter acknowledging your responsibility for the results of these services. Use of the Internal Audit Function As part of our engagement, we plan to use the work of the internal audit function to provide direct assistance. The successful use of the internal audit function was considered in developing our fee proposal. The successful use of the internal audit function is dependent upon our assessment of the objectivity and competence of the internal audit function and its personnel. The successful use of the internal audit function to provide direct assistance is dependent upon our ability to confirm that those individuals employed or contracted by you and performing work on our behalf are allowed to follow our instructions without undue restrictions from management. We currently plan to use the internal audit function to provide direct assistance during our audit. We will meet early in the planning process to mutually agree on the work that the internal audit function will perform. If any disagreements over our procedures or the use of the internal audit function do arise you will work with us on a best efforts basis to satisfactorily resolve any issues. City of Clearwater, Florida July 28, 2015 Page 4 As part of our consideration of the use of the internal audit function we will make certain inquiries and request supporting documentation when applicable. In addition, to facilitate a constructive and complementary relationship we will ask that those responsible for the internal audit function timely provide us responses to questionnaires and participate in the planning of our audit when requested. If we are unable to successfully use the work of the internal function, whether due to lack of objectivity, competence, application of a systematic and disciplined approach, application of a quality control system, or undue restrictions place by management, then we will estimate the impact on the nature, timing and extent of our planned audit procedures and will communicate with you concerning the scope of the additional procedures and the additional estimated fees. MANAGEMENT’S RESPONSIBILITIES RELATED TO THE AUDIT Management is responsible for the fair presentation of the financial statements in conformity with GAAP, including the appropriate basis of accounting is applied by all component units, if applicable, for making all financial records and related information available to us, for ensuring that all material information is disclosed to us, and for identifying and ensuring that the City complies with the laws and regulations applicable to its activities and with the provisions of contracts and grant agreements. Management is responsible for the preparation of the supplementary information in conformity with GAAP. Management agrees to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. Management also agrees to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management is also responsible for adjusting the financial statements to correct material misstatements, informing us of events that occurred subsequent to the balance sheet date until the date of the auditors’ report that might affect the financial statements or related disclosures and informing us of any discovery of facts related to items that existed at the financial statement date that might affect the financial statements or related disclosures. Management is responsible for informing us of its views regarding the risk of fraud at the City. Management must inform us of their knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, regulators, or others. Additionally, Management must inform us about all known or suspected fraud affecting the City involving (a) Management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. Management is responsible for the design and implementation of programs and controls over financial reporting and to prevent and detect fraud. Appropriate supervisory review procedures are necessary to provide reasonable assurance that adopted policies and prescribed procedures are adhered to and to identify errors and fraud or illegal acts. As a part of our audit, we will consider the City’s internal control structure, as required by GAAS, sufficient to plan the audit and to determine the nature, timing, and extent of auditing procedures necessary for expressing our opinion concerning the financial statements. An audit is not designed to provide any assurance on internal controls. As part of our City of Clearwater, Florida July 28, 2015 Page 5 consideration of the City’s internal control structure, we will inform you of matters that come to our attention that represent significant deficiencies or material weaknesses in the design or operation of the internal control structure. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying to us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management’s views on our current findings, conclusions and recommendations, as well as your planned corrective actions, and the timing and format related thereto. At the conclusion of the engagement, Management will provide to us a representation letter that, among other things, addresses (1) Management’s responsibilities related to the audit and confirms certain representations made to us during the audit, including, Management’s acknowledgement of its responsibility for the design and implementation of programs and controls to prevent and detect fraud; (2) Management’s responsibilities related to the monitoring of internal control over financial reporting; and (3) Management’s knowledge, directly or from allegations by others, of fraud or suspected fraud affecting the City. The representation letter will also affirm to us that Management believes that the effects of any uncorrected misstatements, if any, pertaining to the financial statements are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The Firm will rely on Management providing these representations to us, both in the planning and performance of the audit, and in considering the fees that we will charge to perform the audit. Because we will be relying on Management’s representations, you agree to indemnify the Firm, and its partners and employees, and hold them harmless from all claims, liabilities, losses, and costs arising in circumstances where there has been a known misrepresentation by an officer or employee of the City regardless of whether such officer or employee was acting in the City’s interest, and even if the Firm acted negligently or wrongfully in failing to uncover or detect such misrepresentation. This indemnification will survive termination of this letter. FEES The estimated fee contemplates only the services described in the Summary of Services section of this letter. If Management requests additional services not listed above, we will provide an estimate of those fees prior to commencing additional work. The following summarizes the [estimated range of] fees for the services described above: Description of Services Estimated Fee Audit services Audit of the financial statements as described listed in the Summary of services above for the year ended September 30, 2015. $117,500 The fees will be billed periodically as the work progresses. Invoices are due on presentation. A service charge will be added to past due accounts equal to 1-1/2% per month (18% annually) on the previous month’s balance less payments received during the month, with a minimum charge of $2.00 per month. City of Clearwater, Florida July 28, 2015 Page 6 If the foregoing is in accordance with your understanding, please sign a copy of this letter in the space provided and return it to us. If you have any questions, please call John Gilberto at 813-251-1010. Sincerely, CHERRY BEKAERT LLP ATTACHMENT – Engagement Letter Terms and Conditions City of Clearwater, Florida ACCEPTED BY: ____________________________________________________________ TITLE: ________________________________________ DATE: ___________________ Attachment ‐ Page 1 Cherry Bekaert LLP Engagement Letter Terms and Conditions The following terms and conditions are an integral part of the attached engagement letter and should be read in their entirety in conjunction with your review of the letter. LIMITATIONS OF THE AUDIT REPORT Any additional services that you may request, and that we agree to provide, will be the subject of separate written arrangements. Should the City wish to include, publish or otherwise reproduce the financial statements and our report thereon at a date subsequent to their original issuance, such as for inclusion in a bond offering, prospectus or similar document, our firm is presumed not to be associated with such document and we have no obligation to perform any procedures with respect to such document. In addition, you agree to include in the offering statement the following language: “Cherry Bekaert LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. Cherry Bekaert also has not performed any procedures relating to this official statement. If, however, management takes certain actions, such as requesting a written consent from us prior to including our audit report in such an offering statement, our firm then becomes associated with the offering and in accordance with professional standards, we will be required to perform certain limited procedures with respect to unaudited information contained in the document. These procedures will be subject to separate written arrangements and fees. LIMITATIONS OF THE AUDIT PROCESS In conducting the audit, we will perform tests of the accounting records and such other procedures as we consider necessary in the circumstances to provide a reasonable basis for our opinion on the financial statements. We also will assess the accounting principles used and significant estimates made by Management, as well as evaluate the overall financial statement presentation. Our audit will include procedures designed to obtain reasonable assurance of detecting misstatements due to errors or fraud that are material to the financial statements. Absolute assurance is not attainable because of the nature of audit evidence and the characteristics of fraud. For example, audits performed in accordance with GAAS are based on the concept of selective testing of the data being examined and are, therefore, subject to the limitation that material misstatements due to errors or fraud, if they exist, may not be detected. Also, an audit is not designed to detect matters that are immaterial to the financial statements. In addition, an audit conducted in accordance with GAAS does not include procedures specifically designed to detect illegal acts having an indirect effect (e.g., violations of fraud and abuse statutes that result in fines or penalties being imposed on the City) on the financial statements. Similarly, in performing our audit we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts generally will be detected, and only reasonable assurance that illegal acts having a direct and material effect on the determination of financial statement amounts will be detected. We will inform you with respect to errors and fraud, or illegal acts that come to our attention during the course of our audit unless clearly inconsequential. In the event that we have to consult with the City’s counsel or counsel of our choosing regarding any illegal acts Attachment ‐ Page 2 we identify, additional fees incurred may be billed to the City. You agree to cooperate fully with any procedures we deem necessary to perform with respect to these matters. AUDIT PROCEDURES – GENERAL An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve professional judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and fraud, or illegal acts that come to our attention during the course of our audit. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. AUDIT PROCEDURES – INTERNAL CONTROLS Our audit will include obtaining an understanding of the City and its environment, including internal controls, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards, and Government Auditing Standards. Attachment ‐ Page 3 AUDIT PROCEDURES – COMPLIANCE As part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. NON‐ATTEST SERVICES (IF APPLICABLE) All non-attest services to be provided in the attached engagement letter (if applicable) shall be provided pursuant to the AICPA Code of Professional Conduct. The AICPA Code of Professional Conduct requires that we establish objectives of the engagement and the services to be performed, which are described under non-attest services in the attached letter. You agree to assume all management responsibilities for the nonattest services we provide; oversee the services by designating an individual, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. In order to ensure we provide such services in compliance with all professional standards, you are responsible for- Making all financial records and related information available to us. Ensuring that all material information is disclosed to us. Granting unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. Identifying and ensuring that such non-attest complies with the laws and regulations. The accuracy and appropriateness of such non-attest services shall be limited by the accuracy and sufficiency of the information provided by you. In the course of providing such non-attest services, we may provide professional advice and guidance based on knowledge accounting, tax and other compliance, and of the facts and circumstances as provided by you. Such advice and guidance shall limited as permitted under the Code of Professional Conduct. COMMUNICATIONS At the conclusion of the audit engagement, we may provide Management and those charged with governance a letter stating any significant deficiencies or material weaknesses which may have been identified by us during the audit and our recommendations designed to help the City make improvements in its internal control structure and operations related to the identified matters discovered in the financial statement audit. As part of this engagement we will ensure that certain additional matters are communicated to the appropriate members of the City. Such matters include (1) our responsibility under GAAS; (2) the initial selection of and changes in significant accounting policies and their application; (3) our independence with respect to the City; (4) the process used by Management in formulating particularly sensitive accounting estimates and the basis for our conclusion regarding the reasonableness of those estimates; (5) audit adjustments, if any, that could, in our judgment, either individually or in the aggregate be significant to the financial statements or our report; (6) any disagreements with Management concerning a financial accounting, reporting or auditing matter that could be significant to the financial statements; (7) our views about matters that were the subject of Management’s consultation with other accountants about auditing and accounting matters; (8) major issues that were discussed with Management in Attachment ‐ Page 4 connection with the retention of our services, including, among other matters, any discussions regarding the application of accounting principles and auditing standards; and (9) serious difficulties that we encountered in dealing with Management related to the performance of the audit. We have attached, at your request, a copy of the report on our most recent peer review. OTHER MATTERS Access to working papers The working papers and related documentation for the engagement are the property of the Firm and constitute confidential information. We have a responsibility to retain the documentation for a period of time to satisfy legal or regulatory requirements for records retention. It is our policy to retain all workpapers and client information for seven years from the date of issuance of the report. It is our policy to retain emails and attachments to emails for a period of 15 months, except as required by any governmental regulation. Except as discussed below, any requests for access to our working papers will be discussed with you prior to making them available to requesting parties. Any parties seeking access to our working papers must agree to sign our standard access letter. We may be requested to make certain documentation available to regulators, governmental agencies (e.g., SEC, PCAOB, HUD, DOL, etc.) or their representatives (“Regulators”) pursuant to law or regulations. If requested, access to the documentation will be provided to the Regulators. The Regulators may intend to distribute to others, including other governmental agencies, our working papers and related documentation without our knowledge or express permission. You hereby acknowledge and authorize us to allow Regulators access to and copies of documentation as requested. In addition, our Firm, as well as all other major accounting firms, participates in a “peer review” program covering our audit and accounting practices as required by the American Institute of Certified Public Accountants. This program requires that once every three years we subject our quality assurance practices to an examination by another accounting firm. As part of the process, the other firm will review a sample of our work. It is possible that the work we perform for you may be selected by the other firm for their review. If it is, they are bound by professional standards to keep all information confidential. If you object to having the work we do for you reviewed by our peer reviewer, please notify us in writing. Electronic transmittals During the course of our engagement, we may need to electronically transmit confidential information to each other, within the Firm, and to other entities engaged by either party. Although email is an efficient way to communicate, it is not always a secure means of communication and thus, confidentiality may be compromised. As an alternative, we recommend using our Client Portal (”Portal”) to transmit documents. Portal allows you, us, and other involved entities to upload and download documents in a secure location. You agree to the use of email, Portal, and other electronic methods to transmit and receive information, including confidential information between the Firm, the City, and other third party providers utilized by either party in connection with the engagement. Attachment ‐ Page 5 Subpoenas In the event we are requested or authorized by you or required by government regulation, subpoena, or other legal process to produce our working papers or our personnel as witnesses with respect to our engagement for you, you will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expense, as well as the fees and expenses of our counsel, incurred in responding to such a request at standard billing rates. Dispute resolution procedures If any dispute, controversy or claim arises in connection with the performance or breach of this agreement, either party may, on written notice to the other party, request that the matter be mediated. Such mediation would be conducted by a mediator appointed by and pursuant to the rules of the American Arbitration Association (AAA) or such other neutral facilitator acceptable to both parties. Both parties would exert their best efforts to discuss with each other in good faith their respective positions in an attempt to finally resolve such dispute, controversy, or claim. TERMS AND CONDITIONS SUPPORTING FEE The estimated fees set forth in the attached engagement letter are based on anticipated full cooperation from your personnel, timely delivery of requested audit schedules and supporting information, timely communication of all significant accounting and financial reporting matters, the assumption that unexpected circumstances will not be encountered during the audit, as well as working space and clerical assistance as mutually agreed upon and as is normal and reasonable in the circumstances. We strive to ensure that we have the right professionals scheduled on each engagement. As a result, sudden City requested scheduling changes or scheduling changes necessitated by the agreed information not being ready on the agreed upon dates can result in expensive downtime for our professionals. Any last minute schedule changes that result in downtime for our professionals could result in additional fees. Our estimated fee does not include assistance in bookkeeping or other accounting services not previously described. If for any reason the City is unable to provide such schedules, information and assistance, the Firm and the City will mutually revise the fee to reflect additional services, if any, required of us to achieve these objectives. The estimated fees contemplate that the City will provide adequate documentation of its systems and controls related to significant transaction cycles and audit areas. In providing our services, we will consult with the City with respect to matters of accounting, financial reporting or other significant business issues as permitted by professional standards. Accordingly, time necessary to effect a reasonable amount of such consultation is reflected in our fee. However, should a matter require research, consultation or audit work beyond that amount, the Firm and the City will agree to an appropriate revision in our fee. The estimated fees are based on auditing and accounting standards effective as of the date of this engagement letter and known to apply to the City at this time, but do not include any time related to the application of new auditing or accounting standards that impact the City for the first time. If new auditing or accounting standards are issued subsequent to the date of this letter and are effective for the period under audit, we will estimate the impact of any such standard on the nature, timing and extent of our planned audit procedures and will communicate with you concerning the scope of the additional procedures and the estimated fees. Attachment ‐ Page 6 The City agrees to pay all costs of collection (including reasonable attorneys’ fees) that the Firm may incur in connection with the collection of unpaid invoices. In the event of nonpayment of any invoice rendered by us, we retain the right to (a) suspend the performance of our services, (b) change the payment conditions under this engagement letter, or (c) terminate our services. If we elect to suspend our services, such services will not be resumed until your account is paid. If we elect to terminate our services for nonpayment, the City will be obligated to compensate us for all time expended and reimburse us for all expenses through the date of termination. This engagement letter sets forth the entire understanding between the City and the Firm regarding the services described herein and supersedes any previous proposals, correspondence, and understandings whether written or oral. Any subsequent changes to the terms of this letter, other than additional billings, will be rendered in writing and shall be executed by both parties. Should any portion of this engagement letter be ruled invalid, it is agreed that such invalidity will not affect any of the remaining portions. Letter ID: 840713 November 14, 2013 Howard Joseph Kies, CPA Cherry Bekaert LLP 200 S 10th St Ste 900 Richmond, VA 23219 Dear Mr.Kies: It is my pleasure to notify you that on November 13,2013 the National Peer Review Committee accepted the report on the most recent system peer review of your firm.The due date for your next review is October 31,2016.This is the date by which all review documents should be completed and submitted to the administering entity. As you know,the report had a peer review rating of pass.The Committee asked me to convey its congratulations to the firm. Sincerely, Betty Jo Charles Chair, National Peer Review Committee nprc@aicpa.org 919 402-4502 cc: Lewis Eddie Dutton;Lawrence S Gray Firm Number: 10011816 Review Number 347649 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1546 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Establish the budget for the Sailing Center Upgrades and Improvements Capital Improvement Program, project 0315-93424, approve a transfer from General Fund Reserves in the amount of $75,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Community Sailing Center has grown from 39 members in 1998 to 275 to 300 in any given current year. The summer camp youth sailing programs attracts on average 400 youth sailors and paddlers per summer sailing camp season. Since the management provided under contract with the Clearwater Community Sailing Association, Inc. a State of Florida 501 c (3), the sailing center has continued to grow in program offerings, members and vessels available for rental, youth training, regattas and a fleet of Paralympic Class sailing vessels. The Clearwater Community Sailing Association has received national recognition for its programs supporting people of all abilities. They have earned the designation as a US Sailing Association Certified Paralympic Training Facility. This status required an investment of roughly $180,000.00 necessary to procure 9 specific sailboats, with the Sailing Center raising over 177,000.00 themselves. They have purchased and have in service two 18-foot SKUDs a 2-person racing dinghy, three 2.4-meter vessels along with four additional 13-foot Laser Radial class sailboats used by local Olympic class sailors. The funds they raised purchased the vessels, trailers, seats, sails and dollies necessary to support training and racing programs for each vessel. The Clearwater Community Sailing Center is requesting support to upgrade the existing dock system, shore side storage and Man Rated ADA compliant lifts to get paraplegic and quadriplegic sailors from their wheelchairs into the boats and back out safely and quickly. The existing 10 ft. by 32 ft. floating dock with one man rated lift is no longer sufficient to safely run multi vessel programs and clinics at the Paralympic Level. A larger more stable platform is needed. No other modifications are necessary other than replacing the dock with a wider more stable dock for increasing the number of sailors that can get on and off the water at the same time. The docks will provide an additional margin of safety with the increased stability for the ongoing Sailability Program, an introduction to sailing, and the increasingly popular Pirate Camp, now in its 4th year, are at capacity. Staff Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1546 must be careful not to overload the current floating dock specifically designed and outfitted for all to use safely but in limited numbers. The new dock will double launching and retrieval abilities safely and quickly. Clearwater Community Sailing Center is renowned for its service to persons of all ages and abilities and is well suited to support paraplegic and quadriplegic persons and/or supporting staff or family. The existing floating dock and lifts are simply not large enough in size (the dock) or number (the lifts) to continue to grow the program and support the membership and increasing number of international events and training seminars they host. The funding for this project is needed to procure and install: a 20 ft. by 30 ft. Floating dock to support increased Paralympic training a 20 ft. by 50 ft. concrete pad with covered storage racks above the slab for existing vessels 4 new Pelsue man-rated ADA compliant manual hoists to lift sailors in and out of various sailboats The replacement floating dock, storage racks and personnel lifts are to support a growing number of active sailors in our Paralympic training program as well as support the Center’s ongoing Veteran Alternative Therapy Programs and Sailability program that put Clearwater on the US Sailing Map. They will also provide ongoing support of the Center’s traditional community sailing and paddling programs for persons of all abilities and future summer camp programs starting in 2016. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish capital improvement project 315-93424, Sailing Center Upgrade and Improvements, recognizing a transfer from General Fund reserves in the amount of $75,000 to fund this project. USE OF RESERVE FUNDS: Funding for this project will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $75,000 to capital improvement project 93424, Sailing Center Upgrade and Improvements. A net total of $3,029,615 of General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $20.7 million, or 17.7% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 8/19/2015 Clearwater Community Sailing Center Dock Project #SF $ 1 -$6,300 2 1,600 $4,795 3 -$800 4 -$3,500 5 -$600 6 1,600 $1,600 7 $9,000 8 $3,000 $29,595 #SF $ 1 2 3 $23,920 #SF $ 1 -$2,432 2 $5,776 4 -$7,264 $15,472 $6,013 $75,000 DESCRIPTION (4) david kit - 42' & 48' Offset arm (4) Hoist - personnel, 310#rating, clockwise, small, w/70' of SS cable (2) 10 x 30 Floating Docks, alum deck, poly floats, rigid bolted connection (4) roller internal pile guides, mounted in above docks (2) lifting beams x 20' TOTAL ESTIMATED COST OF CONSTRUCTION: HOISTS (4) Sleeve - Floor mount, offset sleeve, stainless Back fill Labor Two custom built boat dollies TOTAL ESTIMATED COST OF CONSTRUCTION: STORAGE RACKS General Construction pressure treated lumber DESCRIPTION 4 inch Concrete Slab Material Miscellaneous hardware Galvanized Roof Structure Tools TOTAL ESTIMATED COST OF PROJECT: DESCRIPTION FLOATING DOCK TOTAL ESTIMATED COST OF CONSTRUCTION: CONTINGENCY BUDGET: Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1556 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City’s option (Invitation to Bid 44-15) with Recycling Perks LLC of Norfolk, VA in the initial annual amount of $158,736 for a recycling incentive program, as provided in the Clearwater Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Solid Waste Department implemented a single stream recycling program in September of 2013. The City provides to the approximately 28,000 residential households, at no additional charge, either a 64 or 95 gallon blue recycling receptacle for the curbside single stream recycling service. To ensure the ongoing success of the single stream recycling program, the City wishes to incentivize residential recycling and to establish an outreach to our customers to better inform them about our recycling and solid waste services. During May 2015, the Purchasing Department advertised an Invitation to Bid 44-15 for a recycling incentive program. Three qualified bidders responded to the bid and staff chose Recycling Perks as the best qualified bidder. Staff is requesting that a blanket purchase order be awarded to Recycling Perks LLC for the administration of a recycling incentive program. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in the operating funds of the solid waste and recycling programs under Advertising: 424-02082-543100-534 Solid Waste-Residential-Advertising 426-02041-543100-534 Recycling-Residential-Advertising USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/19/2015 Outreach Calendar: Clearwater, FL 10/4 10/11 10/18 10/25 11/1 11/8 11/15 11/22 11/29 12/6 12/13 12/20 12/27 10/7 10/21 11/1 12/1 TBD 1/14 11/11 12/9 10/4-12/31 10/4-12/5 10/1-10/31 12/1-12/31 ONGOING/CONTINUOUS ONGOING/CONTINUOUS 10/11-10/31 10/25-11/14 11/8-11/28 10/11-11/28 10/4-10/31 11/1-11/30 12/1-12/24 11/1-1/31 ACTIVITY FACEBOOK ADS: PERKS GENERAL ARTWORK 5 PROGRAM DATES RESIDENT MAILER: PROGRAM INTRO 1 OFFICIAL PROGRAM LAUNCH 2 BILL INSERT 3 FACEBOOK ADS: PROGRAM INTRO 4 FACEBOOK ADS: HOLIDAY PERKS/SAVINGS 6 MEMBER NEWSLETTERS 7 RECYCLING PERKS QUARTERLY JOURNAL 8 MARCHING BAND COMMERCIAL: DIGITAL ADS 9 TOWN HALL MEETINGS 16 WHY RECYCLE COMMERCIAL: DIGITAL ADS 10 IPAD MINI GIVE-AWAY: KICK OFF REWARD 18 BANNERS AROUND TOWN 17 WASTE OF TEARS PSA: DIGITAL ADS 11 HOW IT WORKS PSA: DIGITAL ADS 12 NEIGHBORHOOD PRESENTATIONS 13 GOOGLE AD WORDS 14 MAYOR'S PRESS EVENT 15 1 Mailer to all curbside recycling households in Clearwater with joint messages from Perks and City Solid Waste/Recycling 2 Proposed launch date of 10/21/15; two months post contract signing for reward partner acquisition, data feed execution & marketing prep 3 Joint message from City Solid Waste/Recycling and Recycling Perks to be included in bill insert (if possible, do in October and December) 4 Targeted facebook ads introducing the program with general branding messages/artwork 5 Targeted facebook ads with Recycling Perks branding artwork/messaging 6 Targeted facebook ads focusing on holiday shopping savings with Perks reward discounts 7 Monthly member newsletters introducing new partners and highlight important program details 8 16-page printed newspaper produced by Recycling Perks loaded with recycling and solid waste information, distributed locally 9 Digital media buy through various web platforms, pre-roll, and news stations highlighting Perks marching band commercial (already created) 10 Digital media buy through various web platforms, pre-roll, and news stations highlighting Perks why recycle commercial (already created) 11 Digital media buy through various web platforms, pre-roll, and news stations highlighting Perks community recycling commercial (in production) 12 Digital media buy through various web platforms, pre-roll, and news stations highlighting how Perks works (to be created in Clearwater) 13 Attend and present to neighborhood groups about recycling & Recycling Perks 14 Targeted Google Ad words linked to enrolling in Perks account 15 Execution of press event with Mayor in conjunction with City Solid Waste/Recycling 16 Host town hall meetings at rec centers, libraries, etc where Perks will hand out promotional items and enroll new members 17 Hang 10x3 (or similar) size banners on City-owned buildings and properties throughout town 18 Kick-off campaign giving away an iPad mini to be randomly awarded to a new Perks member that signs up through 12/5/15 (to utilize multiple advertising channels for execution) The above outreach calendar provides general branding with the intent of executing program awareness. Starting January 1, 2016; outreach focus will switch to targeted, neighborhood specific programming strategically created and delivered to neighborhoods with low recycling participation. Each quarter, Recycling Perks will present a media calendar to the City of Clearwater Solid Waste and Recycling Department with new planning tactics. Calendars will be updated as events are attended and will be adjusted with any changes in channel execution. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1545 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Reschedule the October 1, 2015 council meeting to begin at 7:00 p.m. (consent) SUMMARY: This year’s Taste of Clearwater will be held on Thursday, October 1, 2015. Staff is requesting that Council move the October 1 council meeting to Wednesday, September 30. At the August 17 work session, Council directed staff to schedule the October 1 meeting at 7:00 p.m. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1552 Agenda Date: 8/20/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Invitation to Bid 58-15, real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East whereby the successful bidder will combine the property with adjoining land for meaningful development and use. SUMMARY: On February 19, 2015, City Council passed and adopted Ordinance 8682-15 vacating several portions of right-of way. First Baptist Church of Clearwater, Inc. (a.k.a. Calvary Baptist Church of Clearwater), owner of adjacent lands, requested the vacation. The vacated right-of-way includes a portion of Cherry Lane located just south of Cleveland Street on the west side of McMullen Booth Road; the City is the owner of fee title to this property. The property is approximately 200 ft. by 20 ft. Its size and shape impose limitations on potential land uses. The adjacent land owner has expressed an interest in acquiring the parcel. City staff has evaluated the property and has determined that the fair market value is $8,000. Per City Charter 2.01, real property declared surplus may be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. The property is legally described as follows: A PARCEL OF LAND BEING THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LYING IN THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00°37'03"W, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, (BEING THE BASIS OF BEARING FOR THIS DESCRIPTION), A DISTANCE OF 1320.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 16; THENCE S89°28'12"E, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE NORTH LINE OF VIRGINIA AVENUE, ACCORDING TO BAY VIEW CITY SUBN, AS RECORDED IN PLAT BOOK 9, PAGE 43, PUBLIC RECORDS OF PINELLAS Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1552 COUNTY, FLORIDA, A DISTANCE OF 669.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE N00°37'20"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 110.00 TO THE SOUTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND TO THE POINT OF BEGINNING; THENCE CONTINUE N00°37'20"E, ALONG SAID WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE WEST LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512; THENCE S89°28'12"E, ALONG THE NORTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE S00°37'20"W, ALONG SAID EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 20.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503; THENCE N89°28'12"W, ALONG THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. SUBJECT PROPERTY CONTAINING 4,000 SQUARE FEET, MORE OR LESS. Page 2 City of Clearwater Printed on 8/19/2015 Prop ose d Surplus Property DREW ST GULF-TO-BAY BLVD McMULLEN-BOOTH RD BAY LN BAYVIEW AVE MEADOW LARK LN DOWNING ST JOHNS PKWY BAY ST CHERRY LN CLEVELAND ST FE AT H E RW O O D C T OYSTER BAYOU WAY VIRGINIA AVE KENTUCKY AVE TENNESSEE AVE COLONIAL DR BAYVIEW AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.292A 16-29s-16e08/03/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Surplusof Vac ated City Right-of-Way Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\Prop Surplus Vac ROW Cherry.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-06016 Agenda Date: 8/20/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Aloha Lane, 1245 Palm Street and 1223 Union Street, together with certain abutting right-of-way of Union Street; and pass Ordinances 8750-15, 8751-15 and 8752-15 on first reading. (ANX2015-06016) SUMMARY: This voluntary annexation petition involves three parcels of land totaling 0.599 acres. All parcels are occupied by single -family dwellings. The three 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 to connect to City sewer as part of the City ’s Idlewild/The Mall Septic-to-Sewer Project. The Development Review Committee is proposing that the 0.041-acres of abutting Union Street right -of-way not currently within the City limits also be annexed. The properties are contiguous to existing City boundaries along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category 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. All of the applicants have paid the required sewer impact fee in full. The properties located at 1245 Palm Street and 1223 Union Street are already connected to the City sewer system and 1219 Aloha Lane will be connected by the contractor soon. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service . The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Page 1 City of Clearwater Printed on 8/19/2015 File Number: ANX2015-06016 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 these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the District and the properties exceed the District ’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/19/2015 Ordinance No. 8750-15 ORDINANCE NO. 8750-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576) AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1219 ALOHA LANE, 1245 PALM STREET AND 1223 UNION STREET, ALL IN CLEARWATER, FLORIDA, 33755, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF-WAY OF UNION STREET, 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 maps attached hereto as Exhibits B and C have 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 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 descriptions (ANX2015-06016) The maps attached as Exhibits B and C are 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. 8750-15 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 LEGAL DESCRIPTIONS ANX2015‐06016 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-002-0130 Lot 13, Block 2 1219 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 03-29-15-15840-002-0170 Lots 17 and 18, Block B 1245 Palm Street 3. 03-29-15-15840-001-0120 Lot 12, Block A 1223 Union Street Together with the South ½ of the Right-of-Way of Union Street, abutting lot 12. The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 606015840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 50605E J 1 15 1 2 3 4 5 6 7 8 9 10 11 1 1 2 3 4 5 1 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 1227123512632031 12591263126512591255125112471245123912251201124212341235123312211215121112091262121212062077 2063 1241121112071244124512532061 125512598 0 2 8 8 6 0 4 1231123512211217121112641262125612501232122812201216121212062049 125512571251123912311260125612501246123812341230122412221220124712451237122312191215-Not to Scale--Not a Survey-Rev. 06/11/15 Exhibit C PROPOSED ANNEXATION MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 40404040 333060 63 608397087912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 22 60 503360 8 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12131904 19101212 12031958 1960 12171209121312051234122412081915 1917 12181231121512161211120312011887 12221237122312071205122512331230118911851184118611901944 1942 1938 1910 1930 1934 1936 12241901 1903 124612481916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 12011901 12061204120012141226122012121204123212261212120612041184118212021180121619 19 19 1 19 19 1210120612191961 2725232092112011249 19 19 1 1 1 1947 1949 1245 31122411781186181B181A99Traf-Not to Scale--Not a Survey-Rev. 06/11/15 Ordinance No. 8751-15 ORDINANCE NO. 8751-15 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 SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576) AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1219 ALOHA LANE, 1245 PALM STREET AND 1223 UNION STREET, ALL IN CLEARWATER, FLORIDA, 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Urban (RU) (ANX2015-06016) The maps attached as Exhibits B and C are 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. 8750-15. Ordinance No. 8751-15 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 LEGAL DESCRIPTIONS ANX2015‐06016 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-002-0130 Lot 13, Block 2 1219 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 03-29-15-15840-002-0170 Lots 17 and 18, Block B 1245 Palm Street 3. 03-29-15-15840-001-0120 Lot 12, Block A 1223 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 606015840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 60 506057E 1 15 1 2 3 4 5 6 7 8 9 10 11 1 202122 1 2 3 4 5 1 2 1 1 1 1 RU RU RU RU RU RU UNION ST PALM ST BERMUDA ST DOUGLAS AVE 122712352040 2052 2058 2031 2066 2070 2074 12591259125512511247124512391225120112421234123512331221121512111209121212062077 2063 1241121112071244124512532061 125512592038 2048 1263123112351221121712111262125612501232122812201216121212062049 125512571251123912311260125612501246123812341230122412221220124712451237122312191215-Not to Scale--Not a Survey-Rev. 06/11/15 Exhibit C FUTURE LAND USE MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 40404040 333060 63 608397087912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 22 60 503360 8 1 I RU I RU RU RU RU RM CG RU RU DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12131904 19101212 1958 1960 12171209121312051234122412081915 1917 1218123112151216120312011237122312071205122512331230118911851942 1938 1910 1930 1934 1936 12241901 124612481916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 120112061204120012141226122012121204123212261212120612041202RU RU RU CG RU RU RU12161203 19 19 19 1 19 19 12101206121112191961 2725232092112011887 12221249 1184118611901944 1903 19 19 1 1 1 1947 1949 1245 311901 122411781184118211861180181B181A99Traf-Not to Scale--Not a Survey-Rev. 06/11/15 Ordinance No. 8752-15 ORDINANCE NO. 8752-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (SR 576) AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1219 ALOHA LANE, 1245 PALM STREET AND 1223 UNION STREET, ALL IN CLEARWATER, FLORIDA, 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The maps attached as Exhibits B and C are 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. 8750-15. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2015-06016) Ordinance No. 8752-15 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 LEGAL DESCRIPTIONS ANX2015‐06016 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-002-0130 Lot 13, Block 2 1219 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 2. 03-29-15-15840-002-0170 Lots 17 and 18, Block B 1245 Palm Street 3. 03-29-15-15840-001-0120 Lot 12, Block A 1223 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 606015840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 60 506057E 1 15 1 2 3 4 5 6 7 8 9 10 11 1 202122 1 2 3 4 5 1 2 1 1 1 1 LMDR MDR UNION ST PALM ST BERMUDA ST DOUGLAS AVE 122712352040 2052 2048 2031 2066 2070 2074 12591259125512511247124512391225120112421234123512331221121512111209121212062077 2063 1241121112071244124512532061 125512592038 2058 1263123112351221121712111262125612501232122812201216121212062049 125512571251123912311260125612501246123812341230122412221220124712451237122312191215-Not to Scale--Not a Survey-Rev. 06/11/15 Exhibit C ZONING MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 40404040 333060 63 608397087912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 22 60 503360 8 1 I LMDR MDR MDRMDR LMDR LMD LMDR LMDR LMDRDOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12131904 19101212 1958 1960 121712091213120512341224120819151218123112151216121112031201 1887 12221237122312051225123312301184118611901944 1942 1938 1910 1930 1934 1936 12241901 1903 12461916 1918 1924 1926 1932 1938 1940 1933 1946 1952 1954 1239 1901 120612041200121412261220121212041232122612121206120412021216120319 19 19 1 19 19 1210120619171219 1961 27252320921120112071249 1189118519 19 12481936 1 1 1 1947 1949 1245 311201122411781184118211861180181B181A99Traf-Not to Scale--Not a Survey-Rev. 06/11/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ ^ ^-Not to Scale--Not a Survey-Rev. 06/11/15 AERIAL PHOTOGRAPH (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE -Not to Scale--Not a Survey-Rev. 06/11/15 AERIAL PHOTOGRAPH (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SEDEEVA CIR SSEDEEVA CIR SSEDEEVA ST SEDEEVA ST -Not to Scale--Not a Survey-Rev. 06/11/15 EXISTING SURROUNDING USES MAP (1 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 505066 606015840 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 50605E J 1 15 1 2 3 4 5 6 7 8 9 10 11 1 1 2 3 4 5 1 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 1227123512632031 12591263126512591255125112471245123912251201124212341235123312211215121112091262121212062077 2063 1241121112071244124512532061 125512598 0 2 8 8 6 0 4 1231123512211217121112641262125612501232122812201216121212062049 125512571251123912311260125612501246123812341230122412221220124712451237122312191215-Not to Scale--Not a Survey-Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Single Family Residential EXISTING SURROUNDING USES MAP (2 OF 2) Owner(s): Multiple Owners Case: ANX2015-06016 Site: 1219 Aloha Lane 1245 Palm Street 1223 Union Street Property Size(Acres): ROW (Acres): 0.599 0.041 Land Use Zoning PIN: 03-29-15-87912-002-0130 03-29-15-15840-002-0170 03-29-15-15840-001-0120 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 40404040 333060 63 608397087912 G 1 2 3 4 18 19 20 21 24 10 11 16 17 18 192021222324 25262728 891011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 22 60 503360 8 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SEDEEVA CIR S 1909 1913 1943 12131904 19101212 12031958 1960 12171209121312051234122412081915 1917 12181231121512161211120312011887 12221237122312071205122512331230118911851184118611901944 1942 1938 1910 1930 1934 1936 12241901 1903 124612481916 1918 1924 1926 1932 1938 1936 1940 1933 1946 1952 1954 1239 12011901 12061204120012141226122012121204123212261212120612041184118212021180121619 19 19 1 19 19 1210120612191961 2725232092112011249 19 19 1 1 1 1947 1949 1245 31122411781186181B181A99Traf-Not to Scale--Not a Survey-Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial View looking south at the subject property, 1219 Aloha Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-06016 Frank Joseph Clark 1219 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane View looking south at the subject property, 1245 Palm Street East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-06016 MintaAlbino 1245 Palm Street View looking easterly along Palm Street View looking westerly along Palm Street View looking south at the subject property, 1223 Union Street East of the subject property West of the subject property Across the street, to the north of the subject property (Dunedin) ANX2015-06016 Sherry Lynn Read 1223 Union Street View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-06017 Agenda Date: 8/20/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2101 and 2155 Burnice Drive; and pass Ordinances 8753-15, 8754-15 and 8755-15 on first reading. (ANX2015-06017) SUMMARY: This voluntary annexation petition involves two parcels of land totaling 0.554 acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, west of South Belcher Road, east of South Hercules Avenue, and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Belcher Area Sanitary Sewer Extension Project Area. The properties are contiguous to existing City limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category 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 Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is made 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 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water from Pinellas County. 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 and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact Page 1 City of Clearwater Printed on 8/19/2015 File Number: ANX2015-06017 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 Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/19/2015 Ordinance No. 8753-15 ORDINANCE NO. 8753-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF SOUTH BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2101 BURNICE DRIVE AND 2155 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, 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 have 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 Descriptions; (ANX2015-06017) 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. 8753-15 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 LEGAL DESCRIPTIONS ANX2015‐06017 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0180 Lot 18 and the West 40 feet of Lot 19 2101 Burnice Drive 2. 24-29-15-31050-000-0270 Lot 27 2155 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 606060606 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 81 82 97 98 99 100 90 89 88 101 102 103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 60 50 6060 606060 60 60 50 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PLEASANT PKWY GROVEWO 1282 12202172 2130216521492187218121572173209921101 1 1 0 1100 1000 2125210921172147210721172109 21612167217321781276219721912185217321672157215521492143213921252188216021242106 2111 2115 2 1 1 9 21352143122220912 1 4 1 1105 1250LS47 120021482140 21482154121621732141215721912195219921992195219121872176212165213221121262140216421321006 1010 21331008 11001104 1108 10042077 21482156217921852191213121432109211721252101213521522134213021222116210021252133218121552147218421902166216021982192217421662142213821302118211221062100212321272124211021181228 23420762085 211211011009 218021761107 21401005 2180219821861001 211219821861111 212621922172219221182210Elec-Not to Scale--Not a Survey-Rev. 06/11/15 Ordinance No. 8754-15 ORDINANCE NO. 8754-15 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 DRUID ROAD, WEST OF SOUTH BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2101 BURNICE DRIVE AND 2155 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions;Residential Low (RL) (ANX2015-06017) 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. 8753-15. Ordinance No. 8754-15 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 LEGAL DESCRIPTIONS ANX2015‐06017 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0180 Lot 18 and the West 40 feet of Lot 19 2101 Burnice Drive 2. 24-29-15-31050-000-0270 Lot 27 2155 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 606060606 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 81 82 97 98 99 100 90 89 88 101 102 103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 60 50 6060 606060 60 60 50 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PLEASANT PKWY GROVEWO RL RL RL P RU R/OS WATER RU 1282 12202172 213021652149218721812157217321101 1 1 0 1100 1000 2125210921172147210721172109 21612167217321781276219721912185217321672157215521492143213921252188216021242106 2111 2115 2 1 1 9 2135214312222 1 4 1 1105 1250LS47 RU RURURU RU RURU RL ATER 120021482140 214821541216217321412157219121952199219921952191218721762121652132211212621402164213220991006 1010 21331008 11001104 1108 10042077 21482156217921852191213121432109211721252101213521522134213021222116210021252133218121552147218421902166216021982192217421662142213821302118211221062100212321272124211021181228 23420762085 2091211211011009 218021761107 21401005 2180219821861001 211219821861111 212621922172219221182210Elec-Not to Scale--Not a Survey-Rev. 06/11/15 Ordinance No. 8755-15 ORDINANCE NO. 8755-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF SOUTH BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2101 BURNICE DRIVE AND 2155 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8753-15. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ANX2015-06017) Ordinance No. 8755-15 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 LEGAL DESCRIPTIONS ANX2015‐06017 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0180 Lot 18 and the West 40 feet of Lot 19 2101 Burnice Drive 2. 24-29-15-31050-000-0270 Lot 27 2155 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 606060606 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 81 82 97 98 99 100 90 89 88 101 102 103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 60 50 6060 606060 60 60 50 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PLEASANT PKWY GROVEWO LMDR P OS/R P LMDR LMDR LMDR 1282 12202172 2130216521492187218121572173209921101 1 1 0 1100 1000 2125210921172147210721172109 2161216721732178127621972191218521732167215721552149214321392188216021242111 2115 21352143122220912 1 4 1 1105 1250LS47 120021482140 21482154121621732141215721912195219921992195219121872176212165213221121262140216421321006 1010 21331008 11001104 1108 10042077 2148215621792185219121312143210921172125210121352152213421302122211621002125213321812155214721842190216621602198212521922174216621422138213021182112210621002106 2 1 1 9 212321272124211021181228 23420762085 211211011009 218021761107 21401005 2180219821861001 211219821861111 212621922172219221182210Elec-Not to Scale--Not a Survey-Rev. 06/11/15 LOCATION MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD BELCHER RD^^-Not to Scale--Not a Survey-Rev. 06/11/15 AERIAL PHOTOGRAPH Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD COLLEGE DR COLLEGE DR UNIVERSITY CT UNIVERSITY CT PLEASANT PKWY PLEASANT PKWY BELL DR BELL DR W UNIVERSITY DR W UNIVERSITY DR -Not to Scale--Not a Survey-Rev. 06/11/15 EXISTING SURROUNDING USES MAP Owner(s): John L & Gail L Dumoulin Linda S Baker, TRE and Melvin L Baker, TRE Case: ANX2015-06017 Site: 2101 Burnice Drive 2155 Burnice Drive Property Size(Acres): ROW (Acres): 0.554 N/A Land Use Zoning PIN: 24-29-15-31050-000-0180 24-29-15-31050-000-0270 From : RL R-3 Atlas Page: 308B To: RL LMDR 60 606060606 0 50 45 9 10 11 12 13 14 1 2 3 4 5 6 78 79 80 81 82 97 98 99 100 90 89 88 101 102 103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 60 50 6060 606060 60 60 50 72144 064080642606444 310 504 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 4 32 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 17 8 123 15 16 17 1 2 6 7 8 8 16 11/04 4.76 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR WOODLEY RD COLLEGE DR UNIVERSITY CT BELL DR W UNIVERSITY DR PLEASANT PKWY GROVEWO 1282 12202172 2130216521492187218121572173209921101 1 1 0 1100 1000 2125210921172147210721172109 21612167217321781276219721912185217321672157215521492143213921252188216021242106 2111 2115 2 1 1 9 21352143122220912 1 4 1 1105 1250LS47 120021482140 21482154121621732141215721912195219921992195219121872176212165213221121262140216421321006 1010 21331008 11001104 1108 10042077 21482156217921852191213121432109211721252101213521522134213021222116210021252133218121552147218421902166216021982192217421662142213821302118211221062100212321272124211021181228 23420762085 211211011009 218021761107 21401005 2180219821861001 211219821861111 212621922172219221182210Elec-Not to Scale--Not a Survey-Rev. 06/11/15 Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2101 Burnice Drive East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-06017 John L. and Gail L. Dumoulin 2101 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking south at the subject property, 2155 Burnice Drive East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-06017 Linda S. and Melvin S. Baker 2155 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1376 Agenda Date: 8/20/2015 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the first amended and restated Development Agreement between PV -Pelican Walk LLC (the property owner) and the City of Clearwater for the property located at 483 Mandalay Avenue; approve the first amendment to the Purchase Agreement between PV -Pelican Walk LLC and the City of Clearwater, and pass Resolution 15-16. (DVA2014-06001A) SUMMARY: The 1.68-acre subject property is located on the west side of Poinsettia Avenue approximately 65 feet south of Baymont Street with 350 feet of frontage along Poinsettia Avenue. The property consists of two parcels. The western parcel is 0.74 acres and consists of the two-story Pelican Walk shopping center, which has 39,580 square feet of commercial floor area. The eastern parcel is 0.94 acres and consists of a surface parking lot that supports the shopping center. The City Council, at their meeting on August 20, 2014, approved a Development Agreement between PV-Pelican Walk, LLC (Paradise) and the City of Clearwater, to allow for a parking garage with 642 parking spaces. The proposed First Amended and Restated Development Agreement would completely replace and supersede the Development Agreement dated August 26, 2014. While there has been no substantial change to the approved building design, a reengineering of the interior of the garage has eliminated the cantilever design and provided for an additional 60 off-street parking spaces. The interior columns that would have supported the cantilever design were moved to the outside wall of the parking garage where it connects to the existing Pelican Walk shopping center. Overall, the form of the building has remained the same. The substantive changes to the original Development Agreement are as follows: 1.The number of parking spaces contained in the garage is increasing from 642 to 702. This does not result in any substantial change to the approved design of the building or site plan; 2.Amends the Commencement Date from September 1, 2015 in Section 1.01(6) to an uncertain month in 2015. It is the intent of the Developer to commence construction as early as August 2015; 3.Amends Section 2.03(2) Scope of Project from the condominium units in the original Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1376 Development Agreement being designated as Unit 1 (existing Pelican Walk Plaza retail); Unit 2 (new approximately 11,000 square feet of retail fronting Poinsettia St .); Unit 3 (Developer’s first 89 parking spaces starting on the ground floor ); Unit 4 (the City’s 450 spaces); and Unit 5 (the top floor consisting of 103 Developer owned spaces); to Section 2.03(2) Scope of Project which refers to the configuration of the condominium units as follows: RU-1 (existing Pelican Walk Plaza retail ); RU-2 (approximately 12,000 square feet of retail fronting Poinsettia Ave .); PU-G (28 developer owned spaces on the ground floor ); PU-1 (114 developer owned spaces on the first and second floors ); PU-2 (the City’s 450 spaces starting on the second floor ); and PU-3 (110 spaces owned by the Developer on the top floor). This change reflects the additional 60 spaces and also is consistent with the terminology used in the condominium documents which are being drafted contemporaneously with the consideration of the First Amended and Restated Development Agreement; 4.Amends Section 2.03(2) Scope of Project to clarify that the Developer ’s parking spaces may be apportioned as leased parking, hourly parking, or both as the Council agenda item approving the original Development Agreement stated; 5.Amends Section 2.03(3) to add a conceptual parking management plan as Exhibit “H” to the Development Agreement. The conceptual parking management plan is intended to be a guide for the parties in negotiating a mutually agreeable parking management plan for the entire garage as a condition of the City closing on its purchase of PU-2; 6.Amends Section 6.01, Acquisition of Condominium Unit Four to Section 6.01 Acquisition of PU-2, to give the City an option to purchase up to 60 of the additional spaces being added to the garage at the same per space purchase price that it is purchasing PU-2. This option expires on September 4, 2015. The City’s original option to purchase additional spaces expired in August 2014; 7.Section 6.04, Public Parking Reconciliation which detailed the City ’s obligation to pay the Developer for operating PU -2 prior to closing in the event PU -2 does not generate sufficient revenue has been removed from the document; and 8.Section 10.01(5) is added to provide that the City will not require RU -2 to have any additional parking so long as it maintains 100% retail and/or restaurant use in Article 10. Representations, Warranties and Covenants of the City. Changes to Development Agreements: Pursuant to Section 4-606.I., Community Development Code (CDC), a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206, CDC, 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 Community Development Board continued this development agreement from its July 7, 2015 meeting to its meeting in August. The board will review this First Amendment and Restated Development Agreement at its public hearing on August 18, 2015, and the Planning Page 2 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1376 and Development Department will report its recommendation. Page 3 City of Clearwater Printed on 8/19/2015 Resolution No. 15-16 RESOLUTION NO. 15-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND PV-PELICAN WALK, LLC (“PARADISE”); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into an amended development agreement with PV PELICAN WALK, LLC.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Amended Development Agreement between the City of Clearwater and PV PELICAN WALK, LLC a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Amended 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 _____________, 2015. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk City of Clearwater – Pelican Walk Proposed Garage May 28, 2015 27 Model C– 141 Paradise Spaces with 113 Public Use Using the most recent historical revenue data, we have went back and estimated the parking revenue and distribution should Paradise operate the first 28 ground level spaces as reserved/monthly parking, the remaining 113 spaces for public use, and the City’s 450 spaces are located immediately after those 139 spaces. The detailed pro forma on the following page illustrates that this scenario would produce a financially self-sufficient parking facility for the City. The tables below compare the City’s estimated transient revenue for the three scenarios we have evaluated as part of this effort: Original Model: 89 Paradise Spaces and 450 City Spaces. Paradise Spaces would only be available for Pelican Walk employees and customers. All public parking would be located in City spaces. Model A: 141 Paradise Spaces and 450 City Spaces. Paradise Spaces would be available for general public use Model B: 89 Paradise Spaces and 450 City Spaces. Paradise Spaces would be available for general public use. Model C: 141 Paradise Spaces and 450 City Spaces. Paradise would assign the 28 ground level spaces to monthly parking and allow general public parking in the remaining 113 spaces. Should the first 28 spaces be used by Paradise for reserved monthly parking and the remaining 113 spaces remain for public use, the estimated City transient revenue is approximately 21% less than the original model without any competing public parking. In addition, Paradise will control 20% of the transient parking supply (113 spaces divided by 561 total public spaces) but would generate a much higher portion of the total transient revenue (44%) due to the location of their spaces within the garage. The pro forma on the following page illustrates a positive net income after reserves should the City utilize cash financing. However, after the inclusion of 4% bond financing, the parking facility is not financially self-sufficient. Please note, the pro forma on the following page has been formatted slightly different than previous versions with the inclusion of debt service listed after the structural maintenance reserves. City/Public Transient Parking Revenue 2016 2017 2018 2019 2020 2021 Original Model - 89 Paradise Spaces; No Public Parking $602,667 $1,217,387 $1,229,561 $1,241,857 $1,254,275 $1,266,818 Model A - 141 Paradise Spaces; Public Parking $378,521 $764,612 $772,258 $779,980 $787,780 $795,658 Model B - 89 Paradise Spaces; Public Parking $500,015 $1,010,030 $1,020,130 $1,030,332 $1,040,635 $1,051,041 Model C - 141 Paradise Spaces; 28 Monthly & 113 Public Parking $474,560 $958,611 $968,197 $977,879 $987,658 $997,534 City/Public Transient Parking Revenue 2022 2023 2024 2025 2026 Original Model - 89 Paradise Spaces; No Public Parking $1,279,486 $1,292,281 $1,305,204 $1,318,256 $1,331,439 Model A - 141 Paradise Spaces; Public Parking $803,614 $811,651 $819,767 $827,965 $836,244 Model B - 89 Paradise Spaces; Public Parking $1,061,552 $1,072,167 $1,082,889 $1,093,718 $1,104,655 Model C - 141 Paradise Spaces; 28 Monthly & 113 Public Parking $1,007,510 $1,017,585 $1,027,761 $1,038,038 $1,048,419 City of Clearwater – Pelican Walk Proposed Garage May 28, 2015 28 Spaces 450Rev. Infl. 1%Exp. Infl. 3%Rev. Inflation Factor 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.12Exp. Inflation Factor 1.03 1.06 1.09 1.13 1.16 1.19 1.23 1.27 1.30 1.34 1.38Duration Vehicles Rate times/year 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026OPERATING REVENUETransient/Hourly Parking RevenueHoliday/Event (Weekday) 4 1,325 1.50$ 29 $114,707 $231,708 $234,026 $236,366 $238,729 $241,117 $243,528$245,963 $248,423 $250,907 $253,416Holiday/Event (Weekend) 4 1,394 1.50$ 11 $48,272 $97,510 $98,485 $99,470 $100,465 $101,469 $102,484 $103,509 $104,544 $105,589 $106,645High Demand (Weekday) 2 1,385 1.50$ 100 $209,828 $423,852 $428,090 $432,371 $436,695 $441,062 $445,472 $449,927 $454,426 $458,970 $463,560High Demand (Weekend) 2 1,391 1.50$ 40 $84,295 $170,275 $171,978 $173,698 $175,435 $177,189 $178,961 $180,750 $182,558 $184,384 $186,227Moderate Demand (Weekday) 2 871 1.50$ 29 $37,702 $76,158 $76,919 $77,689 $78,465 $79,250 $80,043 $80,843$81,651 $82,468 $83,293Moderate Demand (Weekend) 2 871 1.50$ 11 $15,081 $30,463 $30,768 $31,075 $31,386 $31,700 $32,017 $32,337$32,661 $32,987 $33,317Low Demand (Weekday) 2 0 1.50$ 100 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Low Demand (Weekend) 2 832 1.50$ 40 $50,419 $101,847 $102,865 $103,894 $104,933 $105,982 $107,042 $108,112 $109,194 $110,285 $111,388Sub-Total Hourly Revenue 331.4285714 $445,596 $900,104 $909,105 $918,196 $927,378 $936,652 $946,019 $955,479 $965,034 $974,684 $984,431less cc transaction fees 6.50%($28,964) ($58,507) ($59,092) ($59,683) ($60,280) ($60,882) ($61,491)($62,106) ($62,727) ($63,354) ($63,988)Monthly ParkingEmployee 30 1 40.00$ 12 $7,272 $14,689 $14,836 $14,985 $15,135 $15,286 $15,439 $15,593 $15,749 $15,907 $16,066Sub-Total Monthly Revenue$7,272 $14,689 $14,836 $14,985 $15,135 $15,286 $15,439 $15,593 $15,749 $15,907 $16,066less cc transaction fees 4.00%($291) ($588) ($593) ($599) ($605) ($611) ($618) ($624) ($630) ($636) ($643)TOTAL OPERATING REVENUE$423,614 $855,699 $864,256 $872,899 $881,628 $890,444 $899,349 $908,342 $917,425 $926,600 $935,866Average Revenue per Space per Day $5.16 $5.21 $5.26 $5.31 $5.37 $5.42 $5.48 $5.53 $5.59 $5.64 $5.70OPERATING EXPENSESPayroll and Benefits $250.00 $57,938 $119,351 $122,932 $126,620 $130,418 $134,331 $138,361 $142,512 $146,787 $151,191 $155,726Insurance$75.00 $17,381 $35,805 $36,880 $37,986 $39,126 $40,299 $41,508 $42,753 $44,036 $45,357 $46,718Equipment Repairs (PARCS & Elevator) $150.00 $34,763 $71,611 $73,759 $75,972 $78,251 $80,599 $83,016 $85,507 $88,072 $90,714 $93,436Building Maintenance, Repairs, & Custodial $75.00 $17,381 $35,805 $36,880 $37,986 $39,126 $40,299 $41,508 $42,753 $44,036 $45,357 $46,718Professional Fees $10.00 $2,318 $4,774 $4,917 $5,065 $5,217 $5,373 $5,534 $5,700 $5,871 $6,048 $6,229Communications $50.00 $11,588 $23,870 $24,586 $25,324 $26,084 $26,866 $27,672 $28,502 $29,357 $30,238 $31,145Uniforms$5.00 $1,159 $2,387 $2,459 $2,532 $2,608 $2,687 $2,767 $2,850 $2,936 $3,024 $3,115Utilities$100.00 $23,175 $47,741 $49,173 $50,648 $52,167 $53,732 $55,344 $57,005$58,715 $60,476 $62,291Supplies$20.00 $4,635 $9,548 $9,835 $10,130 $10,433 $10,746 $11,069 $11,401 $11,743 $12,095 $12,458Misc. Expenses $15.00 $3,476 $7,161 $7,376 $7,597 $7,825 $8,060 $8,302 $8,551 $8,807 $9,071 $9,344TOTAL OPERATING EXPENSES $750.00 $173,813 $358,054 $368,795 $379,859$391,255 $402,993 $415,082 $427,535 $440,361 $453,572 $467,179Net Operating Income$249,801 $497,646 $495,461 $493,040 $490,373 $487,451 $484,266 $480,807 $477,064 $473,028 $468,687ReservesStructural Maintenance Reserves $75.00 $17,381 $35,805 $36,880 $37,986 $39,126 $40,299 $41,508 $42,753 $44,036 $45,357 $46,718Reserve Fund Balance$17,381 $53,187 $90,066 $128,052 $167,178 $207,477 $248,985 $291,739 $335,775 $381,132 $427,850Net Income After Reserves$232,420 $461,840 $458,581 $455,054 $451,247 $447,152 $442,758 $438,054 $433,028 $427,671 $421,969Debt ServiceTotal Cost $11,300,000 $25,111.11Term 30Rate 4.0%Annual Debt Service($653,480) ($326,740) ($653,480) ($653,480) ($653,480) ($653,480) ($653,480) ($653,480) ($653,480) ($653,480) ($653,480) ($653,480)Net Income($94,320) ($191,640) ($194,899) ($198,426) ($202,233) ($206,328) ($210,722) ($215,426) ($220,452) ($225,809) ($231,511) Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 1 of 29 FIRST AMENDED AND RESTATED AGREEMENT FOR THE DEVELOPMENT OF PROPERTY (PELICAN WALK) This First Amended and Restated Development Agreement (the “Agreement”) is made as of this _____ day of ________, 2015, by and between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation and political subdivision of the State of Florida (the “City”), and PV-PELICAN WALK, LLC, a Florida limited liability company (“Paradise”): WITNESSETH: 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,(2014) 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, the City of Clearwater has adopted a community revitalization plan entitled Beach by Design; WHEREAS, Beach by Design contemplates the provision of additional off-street parking on Clearwater Beach in support of revitalization of the retail/restaurant district, the East Shore marina district, the North Mandalay area, to promote resort development, and to promote beach patronage; WHEREAS, on days of peak beach patronage, there is a serious shortfall in the availability of public parking on Clearwater Beach; WHEREAS, the City of Clearwater has exhaustively analyzed the opportunities for providing additional parking on Clearwater Beach; WHEREAS Paradise and Pelican Walk Investors, LLC are the owners of certain real property on Clearwater Beach popularly known as the Pelican Walk Shopping Center and the Pelican Walk parking lot. Pelican Walk Investors, LLC has executed a limited joinder in this Development Agreement as set forth in Exhibit “A” and incorporated herein by reference; WHEREAS, Beach by Design identifies the existing surface parking lot of the Pelican Walk Shopping Center as the preferred site for a parking garage for North Mandalay and the Retail and Restaurant Districts (“Parking Garage Site”); WHEREAS, the City of Clearwater has conducted various studies of the feasibility of constructing additional off-street parking and evaluated several different sites on North Beach; Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 2 of 29 WHEREAS, Paradise intends to develop and construct on what is currently the Pelican Walk Shopping Center and the Parking Garage Site a retail/commercial project, including a parking garage containing approximately 702 total parking spaces, (collectively, the "Project"), on the property more particularly described in Exhibit “B” attached hereto (the "Property"). WHEREAS, the Property, which includes the current Pelican Walk Shopping Center property described in Exhibit “B-1” (“Existing Retail Center”), shall be and will be submitted to the condominium form of ownership pursuant to Chapter 718 of the Florida Statutes and condominium documents shall be prepared. The condominium shall contain units to be utilized for public and/or private parking. WHEREAS, Paradise proposes to sell a 450 parking space condominium unit to the City (“Parking Unit Two ”or “PU-2”) to facilitate the provision of additional off-street parking on Clearwater Beach; WHEREAS, the City and Paradise have worked diligently to identify a financially feasible approach to the construction of a new parking garage on the Parking Garage Site; WHEREAS, the City employed professionals experienced in the financing of parking garages to evaluate the economic feasibility of various options for a new parking garage on the Parking Garage Site; WHEREAS, the economic feasibility analysis prepared for the City revealed that the development of the Parking Garage as proposed by Paradise and the City’s purchase of PU-2 is financially feasible and will generate sufficient revenue for the City to own and operate PU-2. WHEREAS, on June 4, 2014, the City and Paradise entered into a Purchase Agreement for the purchase and sale of PU-2. WHEREAS, on ________________, 2015, the City and Paradise entered into a First Amendment to the Purchase Agreement which is contingent upon Community Development Board and City Council approval of this First Amended and Restated Development Agreement among other things. A true and accurate copy of the Purchase Agreement and the First Amendment to the Purchase Agreement are attached hereto as composite Exhibit “C” and are incorporated herein in their entirety. WHEREAS, Paradise represents that the parking garage proposed by Paradise is not economically viable without the City’s purchase of PU-2; WHEREAS, the City has determined that the construction of a new parking garage on the Parking Garage Site with at least 450 parking spaces available to the public will serve the best interests of the citizens of the City; WHEREAS, the provision of additional public parking available is a valid public purpose; WHEREAS, the City understands that Paradise is willing to undertake the financial risk Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 3 of 29 of designing, constructing and operating the proposed Parking Garage and that Paradise is relying upon the Purchase Agreement and First Amendment to the Purchase Agreement attached hereto as Exhibit “C” WHEREAS, at a duly called public meeting on the 19th day of July, 2014, the Community Development Board approved the design of the Parking Garage and recommended that the City Council approve the Development Agreement; WHEREAS, at a duly called public meeting on the 20th day of August, 2014, the City Council approved this Development Agreement, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, at a duly called public meeting on the _____ day of __________, 2015, the Community Development Board approved the design of the Parking Garage and recommended that the City Council approve the First Amended and Restated Development Agreement; WHEREAS, at a duly called public meeting on the _____ day of __________, 2015, the City Council approved this First Amended and Restated Development Agreement, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the appropriate members of Paradise with authority have approved this Agreement and have authorized certain individuals to execute this Agreement on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1 DEFINITIONS. 1.01 Definitions. The terms defined in this Article 1 shall have the following meanings except as herein otherwise expressly provided: 1.“Agreement” means this First Amended and Restated Development Agreement including any Exhibits and any amendments thereto. 2.“Beach by Design” or “Plan” means the strategic redevelopment plan for Clearwater Beach adopted February 2001 as amended through 2015. 3.“City” means the City of Clearwater, Florida, a Florida municipal corporation. 4.“City Council” means the governing body of the City. 5.“City’s Representative” means that person designated by the City to represent the City during the design and construction of the proposed Parking Garage. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 4 of 29 6.“Commencement Date” means the date on which Paradise commences or causes a Contractor to commence site work related to the Pelican Walk Parking Garage which date shall occur on or before __________, 2015. 7.“Commence construction” means the start of meaningful physical development of a material part of the Parking Garage building. 8.“Construction Completion Date” means the date a final certificate of occupancy is issued by the City for the Pelican Walk Parking Garage. 9.“Effective Date” means the date of approval and execution of this Agreement as provided in Section 12.14. 10.“Exhibits” means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached hereto and designated as exhibits to, and incorporated in and made a part of, this Agreement. 11.“Parking Garage Site” means the land on which the existing Pelican Walk surface parking lot and associated storm water management facilities are located which is located immediately to the east of the existing Pelican Walk Shopping Center and fronts on Poinsettia Avenue, as more particularly described in Exhibit B. 12.“Pelican Walk Parking Garage” means a parking garage to be constructed on the Parking Garage Site” containing not less than six hundred and twenty (620) off- street parking spaces. 13.“Plans and Specifications” means the schematic, preliminary and final construction plans for the Pelican Walk Parking Garage. 14.“Unavoidable Delay” means a delay as described in Article 15 hereof. 1.02 Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word “person” shall include corporations and associations, including public bodies, as well as natural persons. “Herein,” “hereby,” “hereunder,” “hereof,” “hereinbefore,” “hereinafter” and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03 Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2014), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT. 2.01 Finding of Public Purpose and Benefit. The proposed Project, and the design, construction, completion and operation of the Project, and each part thereof, is hereby found by the City: (1) to be consistent with and in furtherance of the objectives of the Land Development Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 5 of 29 Regulations of the City of Clearwater, (2) to conform to the provisions of Applicable Laws, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design. 2.02 Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for additional public parking on Clearwater Beach to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach, all in accordance with and in furtherance of the Land Development Regulations of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03 Scope of the Project. 1.Description. The Project shall include a commercial parking garage, private and public parking, commercial and retail uses and appropriate accessory uses and shall be developed in substantial conformity with the Conceptual Plans, copies of which are attached as Exhibit “D” hereto. 2.Formation of the Condominium. Paradise shall create a six (6) unit commercial condominium for the Project and Existing Retail Center. Retail Unit One (RU-1) shall consist of the Existing Retail Center described in Exhibit B-1 and improvements thereon, Retail Unit Two (RU-2) shall consist of the new approximately 12,000 square foot retail space with no common elements except for exterior walls excluding doors and plate glass, Parking Unit Ground (PU-G) shall consist of 28 parking spaces on the ground floor, Parking Unit One (PU-1) shall consist of 114 parking spaces on the first and second floors, Parking Unit Two (PU-2) shall consist of the next lowest 450 parking spaces to be acquired by the City pursuant to the Amended Purchase Agreement plus any additional spaces acquired by the City pursuant to its hereinafter described option, and Parking Unit Three (PU-3) shall consist of the remaining 110 spaces (reduced by the number of spaces acquired by the City pursuant to its option, right of purchase or right of first refusal). All development rights remaining on the parking lot parcel shall be retained by RU-2 and be available for transfer (TDR) to another site as permitted by the Clearwater Community Development Code. The available development rights retained in RU-2 shall be calculated based upon the original unified parcel configuration, which included the parking lot parcel and the Pelican Walk Shopping Center parcel. PU-G, PU-1, and PU-3 may be divided into multiple units. Paradise shall submit the Property, including the Existing Retail Center, to the condominium form of ownership pursuant to Chapter 718 of the Florida Statutes. The condominium documents shall be in a in a form to be approved by City with a consent or joinder from any lender or lienholder or any other party having any record interest in any mortgage or lien encumbering the interest in the Property as required by Section 718.104(3) of the Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 6 of 29 Florida Statutes. It is anticipated that the maintenance fees of the condominium will be allocated between the Units on an equitable basis mutually agreed upon by Paradise and City based on the anticipated maintenance and costs associated with the different units with the understanding that all improvements on RU-1 will be maintained by the owner of RU-1 and the owner of RU-1shall control the improvements made within said Unit. Cost of utilities shall be segregated to the Unit receiving service and not be a common expense, where possible. This Agreement shall terminate and the City shall have no obligation to purchase PU- 2 in the event Paradise fails to deliver mutually agreeable condominium documents as a condition of closing on the City’s purchase of PU-2. Prior to the City’s purchase of PU-2, the condominium documents, once approved by the City, shall not be materially modified or amended without the prior written consent of the City, which consent shall not be unreasonably withheld. 3.Use of Parking Units/Spaces by Paradise and the City. The use of the Parking Units/Spaces shall be limited and restricted as follows: PU-G shall consist of 28 spaces that may not be apportioned by Paradise as leased parking, hourly parking, or both. PU-1 shall consist of 114 spaces that that may be apportioned by Paradise as leased parking, hourly parking, or both. Subsequent to closing, PU-2 shall consist of 450 spaces which may be apportioned by the City as leased parking, hourly parking, or both. PU-3 shall consist of 110 spaces apportioned by Paradise as leased parking, hourly parking, or both Paradise agrees to submit a mutually agreeable commercially reasonable Parking Management Plan for the operation of PU-G, PU-1, PU-2 and PU-3 as a condition of closing. The parties have developed a conceptual parking management plan which is outlined in Exhibit “H.” The parties agree that the restrictions on the use of the Parking Units/Spaces contained in this First Amended and Restated Development Agreement and the terms of the Parking Management Plan may be amended upon mutual agreement of the parties without amending this First Amended and Restated Development Agreement or the Purchase Agreement and First Amendment to the Purchase Agreement which are attached hereto as Exhibit “C.” Any spaces within PU-G, PU-1, and PU-3 shall not be leased for an amount less than 50% of the then current monthly space rental charge charged by the City for parking spaces in PU-2. This restriction is limited to Paradise’s monthly rentals only. 2.04 Cooperation of the Parties. The City and Paradise recognize that the successful development and operation of the Parking Garage is dependent upon continued cooperation of the City and Paradise, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Parking Garage is designed, constructed, completed and operated as provided herein. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 7 of 29 ARTICLE 3. REGULATORY PROCESS. 3.01 Land Development Regulations. 1.Land Use Designation. The Parking Garage Site is located within the Tourist District as provided in the City's Land Development Regulations. 2.Amendments to Land Development Regulations. The City’s current Land Development Regulations shall govern the development of the Project for the duration of this Agreement. 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, subject to the terms and conditions of this Agreement. 3.02 Development Approvals and Permits. 1.Applications for Development Approval. Paradise shall prepare and submit to the appropriate governmental authorities, including the City, applications for all necessary Permits for the Parking Garage, and shall bear all costs of preparing such applications, applying for and obtaining such permits, including payment of any and all applicable application, inspection, regulatory and impact fees or charges, except as otherwise provided in this Agreement. A list of all permits and approvals required to implement the provisions of this Agreement is attached as Exhibit “E”. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2.Schedule. A Project Development Schedule is attached to this Agreement as Exhibit "F” that identifies specific tasks to be completed through the entire Project and the proposed date for completion. 3.City Cooperation and Assistance. The City shall cooperate with Paradise with regard to all necessary approvals and or permits required for the construction, completion and opening for business of the Parking Garage which may be required from an agency of government other than the City. If requested by Paradise and authorized by law, the City will join in any application for any permit or approval, or, alternatively, recommend to and urge any governmental authority to which application for any permits has been made that such permit or approval to issue or approve the requested permit or approval, to the extent that the work covered by such Permit(s) is not in violation of the terms of this Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 8 of 29 Agreement. 4.City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established processes and in accordance with applicable provisions of law. 3.03 Not a Development Order or Permit. The City and Paradise hereby acknowledge, agree and represent that this Agreement is not intended to be and should not be construed or deemed to be a “development order” or “development permit” within the meaning of those terms in Section 163.3164, Florida Statutes. ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01 Plans and Specifications. 1.Responsibility for Preparation of Plans and Specifications. Paradise shall be responsible for and shall pay the cost of preparing the site plan and schematic, preliminary, and final construction plans for the proposed Parking Garage. During the design process, Paradise agrees that the City's Representative shall have access to and a right to review and approve all phases of design and construction processes. 2.Approval of Plans and Specifications for PU-2. The City has previously approved the Conceptual Plans in its regulatory capacity. Exhibit “G” attached to this Agreement sets forth the City Standards for PU-2 to be owned by the City (the “Parking Unit”). In order to ensure that the design of the Parking Unit will meet the City's standards, the Plans and Specifications for the Project shall be submitted to the City for review and comment prior to the submission of any application for a building permit, other than a foundation permit. The City's review of the Plans and Specifications hereunder in its proprietary (i.e., non-regulatory) capacity shall be limited to compliance by the Parking Unit guidelines attached hereto as Exhibit “G”. The City shall notify the Developer in writing within thirty (30) days following receipt that the Plans and Specifications have or have not been approved, and in the case of disapproval, the specific reason(s) for such disapproval. If the Plans and Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 9 of 29 Specifications submitted to the City by the Developer substantially comply with this Agreement and have not materially changed from the Conceptual Plans in a manner which causes the Parking Unit to no longer conform to the City Parking Garage Standards, the City shall approve the Plans and Specifications as submitted. The City's failure to respond to the Developer within said 30-day period shall be deemed approval. 3.Character and Quality. The City and Paradise agree that the proposed Parking Garage shall be designed, constructed, maintained and operated in a manner consistent with other first class or high quality parking garages in the Tampa Bay region. The City and Paradise further agree that the Parking Garage will be designed and constructed in a manner which will ensure that the Parking Garage has a positive impact on the appearance and community character of Clearwater Beach. The City acknowledges that the conceptual plans for the Parking Garage attached hereto as Exhibit “D” satisfy the requirements of this section. 4.Useful Life. The City and Paradise agree that the Parking Garage will be designed and constructed so as to have a useful life of not less than forty (40) years. 5.Use of Qualified Professionals. Paradise shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. ARTICLE 5. PARADISE OBLIGATIONS. 5.01 Financing for Parking Garage. Paradise shall provide City with evidence to the City’s satisfaction of Paradise having obtained financing adequate to construct the Project and Paradise’s lender shall have entered into a subordination/non-disturbance/tri-party agreement with City and Paradise as described hereinafter below. The Developer covenants and agrees that the Project Financing documents shall include a provision which provides that in the event any Project Financing secured by the Parking Unit shall become due and payable by maturity or acceleration, the Project Lender shall give written notice thereof to the City by certified mail, return receipt requested, or by overnight courier or by hand deliver. Such notice from the Project Lender to the City shall state the basis of the default by the Developer and shall include copies of any pleadings in any proceeding instituted by the Project Lender(s) incident thereto. 5.02 Construction of the Project. 1.Commencement. Paradise shall commence construction of the Parking Garage in accordance with the Plans and Specifications for the Parking Garage within six (6) months after the Effective Date and shall thereafter diligently pursue construction to completion within eighteen (18) months of the Effective Date, subject to extensions for Unavoidable Delays. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 10 of 29 2.Payment of Contractors and Suppliers. Paradise shall be responsible for all on-site costs relative to the development of the Project, including the Parking Unit. Paradise agrees to promptly pay, or arrange to be paid, all moneys due and legally owing to all persons or organizations doing any work or furnishing any materials, fuel, machinery or supplies for the design and construction of the Parking Garage. 3.Maintenance of Construction Site. During the construction of the Parking Garage, Paradise shall, at its own expense, keep the Parking Garage Site in good and clean order and condition. 5.03 Subordination/Non-Disturbance/Tri-Party Agreement.City shall be provided upon the filing of any lien on the Property with a subordination/non-disturbance/tri-party agreement from any mortgagee or lien holder having a lien or mortgage on the Property recognizing the City’s rights under this Agreement and agreeing to the City’s and Paradise’s ability to enforce this Agreement and City’s rights hereunder in the event of a default in any loan, lien or mortgage encumbering the Property or any default in this Agreement. The subordination/non-disturbance/tri-party agreement shall provide, at a minimum, that, in the event that such mortgagee or lien holder succeeds to the interest of Paradise as owner of the Property, such mortgagee or lien holder shall have no obligation nor have any liability with respect to the erection and/or completion of the Pelican Walk Parking Garage, including, but not limited to completing the Parking Unit contemplated to be conveyed to the City; provided, however, the City is permitted to terminate this Agreement if the mortgagee or lien holder does not complete the construction obligations of Paradise, subject to any notice and or cure rights as provided herein. In addition, the subordination/non-disturbance/tri-party agreement shall provide that the City’s option to acquire additional contiguous spaces and the City’s right of first refusal to acquire spaces which Paradise is offering to sell to unrelated third parties shall both be subordinate and inferior to the mortgagee’s mortgage lien encumbering the Property and the City’s option and right of first refusal rights shall not apply to the mortgagee or lien holder in the event such mortgagee or lien holder seeks possession of the Property through foreclosure, deed in lieu or such other similar proceedings. The subordination/non-disturbance/tri-party agreement shall be recorded and be binding on and run to the benefit of any successors or assigns of the parties. A memorandum of this Agreement shall be placed of record upon the execution of this Agreement. 5.04 Operation of Parking Garage. Prior to the purchase of PU-2 by the City, Paradise agrees and covenants that the Parking Garage shall operate on the following terms and conditions: 1.Open to the Public. PU-2 of the Parking Garage shall be available to the general public, including the tenants and partners of the Pelican Walk Shopping Center, on an equal, first come, first served basis. For the purposes of this Agreement, equal, first come, first serve means that each and every parking space will Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 11 of 29 available for use by the public at all times when the Parking Garage is open, and that at least four hundred and fifty (450) parking spaces shall be unrestricted (no reserved parking) within PU-2at all times. 2.Hours of Operation. PU-2 shall be open for public parking 24 hours per day seven days per week. 3.Operation of PU-G, PU-1, and PU-3. PU-G and PU-1 shall consist of 142 parkng spaces . PU-3 shall consist of 110 parking spaces . Any parking spaces within PU-G, PU-1, and PU-3 shall not be leased for an amount less than 50% of the then current monthly space rental charge charged by the City for parking spaces in PU-2 . This restriction is limited to Paradise’s monthly rentals only. ARTICLE 6. CITY OBLIGATIONS. 6.01 Acquisition of PU-2. As provided in the Amended Purchase Agreement attached as Exhibit “C”, City shall acquire PU-2 consisting of 450 contiguous Parking Spaces which shall materially meet the City’s Parking Garage guidelines as provided in Exhibit “G”. Such Unit may be acquired at a cost per space as set forth in the Purchase Agreement (“Parking Unit”) with the City having the option to acquire up to 60 additional contiguous Spaces at a cost of $25,144 per space provided City exercises this option prior to final project design approval or September 4, 2015, whichever shall first occur. After September 4, 2015, until Closing the City shall still have the right to purchase additional spaces only if Paradise is offering to sell spaces to third parties, provided, however, the cost per space shall be at the rate or $25,144.00 per space. After closing, the City shall have a right of first refusal to acquire spaces which the Paradise is offering to sell to unrelated third parties, provided, however, the cost to the City per space shall be the same as the third party has offered. City shall be provided, within ten (10) days of execution of any third party offer for spaces, a copy of the proposed third party offer for the parking space(s) and the City shall have forty-five (45) days after receipt of the same within which to match the offer from the third party and closing will be within thirty (30) days thereafter. Provided, however, City shall not be required to close on such additional spaces prior to the City acquiring the Parking Unit with the 450 Parking Spaces. In terms of City’s obligation to pay the Purchase Price, the City covenants and agrees to appropriate in its annual budget, by amendment, if required, and to pay when due under this Agreement as promptly as money becomes available directly to Paradise, amounts of Non-Ad Valorem Revenues of the City sufficient to satisfy the obligation of the City to purchase the Parking Facility Unit as required under this Agreement as set forth herein. Such covenant is subject in all respects to the payment of obligations secured by a pledge of such Non-Ad Valorem Revenues heretofore or hereafter entered into. Such covenant and agreement on the part of the City to budget and appropriate such amounts of Non-Ad Valorem Revenues shall be cumulative, and shall continue until such Non- Ad Valorem Revenues or other legally available funds in amounts sufficient to pay the Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 12 of 29 Purchase Price, shall have been budgeted, appropriated and actually paid to Paradise. The City further acknowledges and agrees that the obligations of the City to include the amount of any deficiency in the payment of the Purchase Price in each of its annual budgets and to pay such deficiencies from Non-Ad Valorem Revenues may be enforced in a court of competent jurisdiction. Notwithstanding the foregoing or any provision of this Agreement to the contrary, the City does not covenant to maintain any services or programs now maintained by the City which generate Non-Ad Valorem Revenues or to maintain the charges it presently collects for any such services or programs, and the City further reserves the right to pledge any Non-Ad Valorem Revenues to the repayment of any debt obligation of the City at any time, which pledge shall be superior to the use of such Non-Ad Valorem Revenues subject to this covenant. 6.02 Purchase Price of PU-2.The purchase price to be paid by the City to Paradise for PU- 2 is Twenty-Five Thousand One Hundred Forty-Four and No/100 Dollars ($25,144.00) per space or Eleven Million Three Hundred Fourteen Thousand Eight Hundred and No/100 Dollars ($11,314,800.00) for the 450 spaces, (the “Purchase Price”), subject to adjustments and prorations as provided in the Purchase Agreement. 6.03 Terms of Payment.Subject to the limitations set forth herein and in the Purchase Agreement, the Purchase Price shall be paid to Paradise as follows: $11,314,800.00 in current funds at time of Closing, subject to adjustments as provided in the Purchase Agreement. If additional spaces are being acquired and further subject to prorations and adjustments as herein provided, the same to be paid by wire transfer of federal funds at the time of closing. 6.04 Enforcement of Municipal Parking Regulations. The City agrees to take reasonable steps to enforce municipal parking regulations on Clearwater Beach. 6.05 Construction of Additional Structured Parking Spaces North of Causeway Boulevard on Clearwater Beach. The City understands and agrees that as a party to this Agreement, Paradise assumes certain financial risks which will be adversely affected by the construction of additional structured parking spaces in the immediate vicinity of the Parking Garage Site. In consideration thereof, the City agrees not to pursue the development of another public parking garage or acquire a public parking garage north of Causeway Boulevard on Clearwater Beach prior to closing. 6.06 Assistance with location temporary parking during construction. The City will assist, but will not be responsible for, Paradise in locating temporary parking for the Pelican Walk Shopping Center during construction. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 13 of 29 ARTICLE 7. INDEMNIFICATION. 7.01 Indemnification by the Developer. 1.The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of its obligations covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of such obligations. 2.The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 8.01, or covenants contained in Section 8.02. 3.The Developer's indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4.The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 7.02 Indemnification by the City. 1.To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of its obligations covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of such obligations. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 14 of 29 2.The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. 3.The City's indemnity obligations under this Section 7.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4.The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 7.03 Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 7.01) and the City (as set forth in Section 7.02), the following shall apply: 1.The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2.The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3.There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. 8.01 Rights of Project Lenders.The City hereby agrees with and for the benefit of each Project Lender: (1) When giving notice to the Developer with respect to any default under this Development Agreement or any exercise of any right to terminate this Development Agreement, the City will also give a copy of such notice to each Project Lender, and no such notice to the Developer shall be deemed effective with respect to any Project Lender unless such notice is also given in said manner to each such Project Lender. (2) In case the Developer shall default in respect of any of the provisions of this Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 15 of 29 Development Agreement, any Project Lender shall have the right, but not the obligation, to cure such default and the City shall accept performance by or on behalf of such Project Lender as though, and with the same effect as if, the same had been done or performed by the Developer. A Project Lender will have a period of time after the service of such notice upon it within which to cure the default specified in such notice, or cause it to be cured, which is the same period for cure, if any, as is given to the Developer under this Development Agreement in respect of the specified default after the giving of such notice to the Developer, plus an additional period of thirty (30) days. In the event of a default (or in the event that the City is seeking to terminate this Development Agreement by reason of a default) which is curable without Project Lender being in possession and control of the Property, but cannot reasonably be cured within said period, the period of time for cure shall be extended for so long as any Project Lender is diligently and continuously proceeding to attempt to cure such default, provided that the Project Lender has begun proceedings to cure the default within the said period. (3) With respect to any default by the Developer under this Development Agreement that is not susceptible of being cured by the Project Lender without being in possession and control of the Property, the City shall take no action to terminate this Development Agreement on account of such default if, within ninety (90) days after notice of the default from the City (subject to any bankruptcy stays), the Project Lender shall have commenced appropriate proceedings to obtain possession of the Property (including possession by a receiver) or to foreclose the Project, and shall thereafter be prosecuting the same to completion in good faith, with diligence and continuity (subject to any bankruptcy stays); provided, however, that (i) the Project Lender shall conclude any proceedings to obtain possession of the Property or to foreclose the Project (as applicable, including the removal of any bankruptcy stay) within eighteen (18) months following commencement of such action, (ii) during the period of the City’s forbearance, the Project Lender shall comply with such of the terms, covenants and conditions of this Development Agreement as are then susceptible of compliance by the Project Lender, and (iii) if and after the Project Lender obtains possession of the Property, the Project Lender shall promptly commence and diligently pursue the curing of all defaults under this Development Agreement then susceptible of being cured by the Project Lender. (4) The City agrees to consider reasonable modifications to this Section 6.05 requested by any Project Lender in connection with the closing of the Project Financing, provided that such modifications do not result in any changes in the Project to be constructed hereunder or impair the City’s rights or impose any additional obligations on the City or adversely affect the City's remedies in the event of any default. (5) The provisions of this Section 6.05 in favor of the Project Lender shall inure to the Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 16 of 29 benefit of the Project Lender and its successors, assigns and designees, and also any other purchaser or transferee of the Project and this Development Agreement pursuant to any foreclosure or bankruptcy proceedings, or assignment in lieu thereof. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PARADISE. 9.01 Representations and Warranties. Paradise represents and warrants to the City that each of the following statements is currently true and accurate and agrees that the City may rely upon each of the following statements: 1.Paradise is a Florida limited liability company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2.This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, Paradise, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on Paradise, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of Paradise under any indenture, mortgage, deed of trust, bank loan or credit agreement, Paradise’s Articles of Incorporation, or, any other agreement or instrument to which Paradise is a party or by which Paradise may be bound. 3.This Agreement and any document contemplated or required by this Agreement to which Paradise is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of Paradise enforceable against Paradise 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 creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4.There are no pending or, to the knowledge of Paradise, threatened actions or Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 17 of 29 proceedings before any court or administrative agency against Paradise, or against any controlling shareholder, officer, employee or agent of Paradise, which could affect the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the duties and obligations contemplated in this Agreement or the financial condition of Paradise. 5.Paradise has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by Paradise, and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against Paradise. 6.The principal place of business and principal executive offices of Paradise is Safety Harbor, Florida, and Paradise agrees to maintain records concerning the Parking Garage (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas County. 7.All financial information and other documentation, including that pertaining to the Project or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct in all material respects 8.Subject to the approval of lender financing, Paradise has the financial capability to carry out its obligations and responsibilities in connection with the development of the Parking Garage as contemplated by this Agreement. 9.Paradise has the experience, expertise, and capability to develop, cause the construction, and complete the Project and, oversee and manage the design, planning, construction, completion and opening for business of the Parking Garage. 9.02 Covenants. Paradise covenants with the City that until the Termination or Expiration Date: 1.Paradise shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of Paradise to perform. 2.During each year that this Agreement and the obligations of Paradise under this Agreement shall be in effect, Paradise shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, Paradise. 3.Paradise shall use commercially reasonable efforts to accomplish the development, operation, and maintenance of the Parking Garage in accordance with the Plan and Specifications, and this Agreement, and will not violate any Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 18 of 29 laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4.Paradise shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 5.Paradise shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City. 6.Paradise shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering Paradise unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. 7.Paradise shall design, construct and complete the Parking Garage such that it is substantially complete as provided in this Agreement no later than the Project Completion Date, subject to extensions for an Unavoidable Delay(s). ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01 Representations and Warranties. The City represents and warrants to Paradise that each of the following statements is currently true and accurate and agrees that Paradise may rely on each of the following statements: 1.The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2.This Agreement and to the extent such documents presently exist in a form accepted by the City and Paradise, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 19 of 29 contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3.This Agreement and, to the extent such documents presently exist in a form accepted by the City and Paradise, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4.The City will not require Condominium RU-1 to have any additional parking so long as RU-1 maintains at least a 70% of its square footage as retail and/or restaurant use. 5.The City will not require Condominium RU-2 to have any additional parking so long as RU-2 maintains 100% of its square footage as retail and/or restaurant use. 10.02 Covenants. The City covenants with Paradise that until the earlier of the Termination Date or the Expiration Date (unless an earlier date is specified, in which case such earlier date shall control): 1.The City shall timely perform, or cause to be performed all of the obligations contained herein which are the responsibility of the City to perform. 2.During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3.The City shall assist and cooperate with Paradise to accomplish the development of the Parking Garage in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 20 of 29 other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. ARTICLE 11 DEFAULT. 11.01 The following default provisions shall apply to any default by a party under this Agreement: 1.City Default. In the event of a default by the City under this Agreement which is not cured within ten (10) days following written notice from Paradise, Paradise shall have the right to: (i) terminate this Agreement, whereupon the parties shall be released from all further obligations under this Agreement, except the obligations which by their express terms survive a termination, or, alternatively, (ii) seek specific performance of the City's obligations hereunder and/or any other equitable remedies, without thereby waiving damages. 2. Paradise Default. In the event of a default by Paradise under this Agreement, which is not cured within ten (10) days following written notice from the City and subject to the Tri-Party Agreement cure rights of any lender, the City at its option shall have the right to: (i) terminate this Agreement, whereupon the parties shall be released from all further obligations under this Agreement, except the obligations which by their express terms survive a termination, or, alternatively, (ii) seek specific performance of Paradise’s obligations hereunder and/or any other equitable remedies, without thereby waiving damages. Notwithstanding anything to the contrary herein, in the event the City has received notice of a mortgagee having a mortgage lien encumbering the Property, the City agrees to provide such mortgagee a copy of any notice of default served upon Paradise which with the passage of time or otherwise would entitle the City to terminate this Agreement or seek such other remedy hereunder. The City further agrees that if Paradise has failed to cure such default within the time provided for above, then the mortgagee shall have an additional thirty (30) days after its receipt of notice within which to cure such default, or, if such default cannot be cured within that time, then such additional time as may be necessary to cure such default shall be granted if, within such thirty (30) days, the mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of foreclosure proceedings necessary to effect such cure), in which event this Agreement shall not be terminated while such remedies are being so diligently pursued. 11.02 Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City or Paradise to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or Paradise may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 21 of 29 ARTICLE 12 UNAVOIDABLE DELAY. 12.01 Unavoidable Delay. 1.Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of “Unavoidable Delay” shall be excused in the manner provided in this Section 11.01. 2.“Unavoidable Delay” means any of the following events or conditions not currently existing at the effective date of this Agreement or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five year period preceding the Effective Date), litigation initiated by third parties, strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3.An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4.The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. 12.02 Termination. 1. If the Paradise’s obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Council, after notice to Paradise and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until Paradise has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 22 of 29 by the City, at the discretion of the City Council and after notice to Paradise and an opportunityfor Paradise to be heard. 2. If the City’s obligations set forth in this Agreement are not followed after written notice and 30 days to cure the City’s default, Paradise shall have the option, in its sole discretion to terminate this Agreement. ARTICLE 13. MISCELLANEOUS PROVISIONS 13.01 Assignments by Paradise. 1.Prior to the Commencement Date, Paradise may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Parking Garage Site and the Parking Garage, or any part thereof, only with the prior written consent of the City, such consent shall not be unreasonably withheld provided that such party (hereinafter referred to as the “assignee”) shall be continue to be bound by the terms of this Agreement to the same extent as Paradise. 2.If the assignee of Paradise’s right, title, interest and obligations in and to the Parking Garage assumes all of Paradise’s obligations hereunder for the Parking Garage, then Paradise 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. 3.An assignment of the Parking Garage, or any part thereof, by Paradise to any corporation, limited partnership, general partnership, or joint venture, in which Paradise is the or a general partner or has either the controlling interest or through a joint venture or other arrangement shares equal management rights with a financial institution 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 Section 12.01, provided, however, that notice of such assignment shall be given by Paradise 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 Paradise prior to such assignment. 13.02 Successors and Assigns. The terms and obligations herein contained shall bind and inure to the benefit of the City and Paradise and its successors and assigns, including any lessee of the Parking Garage. In the event that Paradise enters into a lease of the Parking Garage or sells the Parking Garage and real property, the obligations of this Agreement shall be enforceable against Paradise and its lessee or successor until the Termination or Expiration Date, at which time Paradise shall be released from any further obligations during the term of such lease, so long as Paradise has no obligations or rights to operate the Parking Garage. Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 23 of 29 13.03. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by facsimile transmission, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at:City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 Attn: City Manager Fax. No. (727) 562-4052 With a copy to:Pamela K. Akin, Esq. Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 Fax No. (727) 562-4021 If to Paradise at:Paradise Group, LLC 2901 Rigsby Lane Safety Harbor, Florida 34695 Attn: Mr. Michael P. Connor Fax No. (727) 726-2337 With a copy to:Macfarlane Ferguson McMullen, P.A. Attn: Brian J. Aungst, Jr., Esq. 625 Court Street, Suite 200 Clearwater, Florida 33756 Fax No. (727) 442-8470 Notices personally delivered, sent by facsimile transmission or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. Each party shall be entitled to change its address for notices from time to time by delivering to the other party notice thereof in the manner herein provided for the delivery of notices. 13.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and Paradise, and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or Paradise, but by all equally. 13.05. Venue; Submission to Jurisdiction. 1.For purposes of any suit, action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2.Each party to this Agreement hereby submits to the jurisdiction of the State of Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 24 of 29 Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3.If at any time during the term of this Agreement, Paradise is not a resident of the State of Florida or has no office, employee, or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, Paradise hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to Paradise at the address for notices as provided in 12.03. 13.06 Estoppel Certificates. The City shall at any time and from time to time, upon not less than ten (10) days prior notice by Paradise, execute, acknowledge and deliver to the Developer and other persons reasonably designated by Developer a statement in recordable form certifying, to the extent true, that this Agreement has not been modified and is in full force and effect (or, if there have been modifications, that the said Agreement, as modified, is in full force and effect and setting forth a notation of such modifications), and that, to the knowledge of the City, neither it nor Paradise is then in default hereof (or if either party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this paragraph 13.06 may be relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or assignee of the respective interest in Paradise or the Project, if any, of any party made in accordance with the provisions of this Agreement. 13.07. Complete Agreement; Amendments. a.This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. b.Any provision of this Agreement shall be read and applied in para materia with all other provisions hereof. c.This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 13.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 25 of 29 way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 13.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given or any time period ends on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 13.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. The terms of the Purchase Agreement and First Amendment to the Purchase Agreement attached hereto as Exhibit “C” shall control over any inconsistencies between the terms of this Agreement and the terms of the Purchase Agreement as amended unless otherwise specifically provided herein. 13.11. Not an Agent of City. During the term of this Agreement, Paradise hereunder shall not be an agent of the City with respect to any and all services to be performed by Paradise (and any of its agents, assigns, or successors) with respect to the Parking Garage. 13.12. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 13.13. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City or the City, a pledge of the ad valorem taxing power of the City or the City or a general obligation or indebtedness of the City or the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither Paradise nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City, the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's or the City's obligations or undertakings hereunder. 13.14. Term; Expiration. This Agreement shall expire and no longer be of any force and effect on the tenth (10th) anniversary of the issuance of a final certificate of occupancy for the Parking Garage. 13.15. Recording of Development Agreement. Pursuant to §163.3239 of the Florida Statutes (2013), the City authorizes and hereby directs the City Clerk to record this Agreement in the public records of Pinellas County, Florida, within fourteen (14) days after City Council approval of this Agreement. The Developer shall pay the cost of such recording. A copy of the recorded Agreement shall be submitted by the City to the state land planning agency within fourteen (14) days after this Agreement is recorded, with Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 26 of 29 evidence of such submittal to be provided to the Developer. 13.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or under takings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 13.17 Effective Date. As provided by §163.3239 of the Florida Statutes (2013), this Agreement will become effective after being recorded in the Public Records of Pinellas County, Florida and 30 days after having been received by the state land planning agency. 13.18. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 13.19. Minor Non-Compliance. Paradise 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. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this _____ day of __________, 2015. Countersigned:CITY OF CLEARWATER, FLORIDA __________________________________By: ________________________________ GEORGE N. CRETEKOS WILLIAM B. HORNE, II Mayor-Commissioner City Manager Approved as to form:Attest: _____________________________________________________________________ PAMELA K. AKIN ROSEMARY CALL City Attorney City Clerk Pelican Walk Parking GarageFirst Amended and RestatedDevelopment Agreement 27 of 29 PV-PELICAN WALK,, LLC By PGD IV, INC., its Managing Member By: ______________________________ Michael P. Connor STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of __________, 2015 by Michael P. Connor, President of PGD IV, INC., a Florida corporation, on behalf of PARADISE GROUP, LLC. ____________________________________ Print/Type Name: _____________________ Notary Public EXHIBIT A JOINDER TO AGREEMENT FOR DEVELOPMENT OF PROPERTY (PELICAN WALK) The undersigned hereby acknowledges that Pelican Walk Investors, LLC, owner of the property commonly known as Pelican Walk Shopping Center and more fully described in Exhibit B-1, attached hereto, joins in this Development Agreement for the purpose of consenting to the proposed site plan, consenting to the property being submitted to the Development Review process, and confirming its agreement to join in the Declaration of Condominium contemplated in Section 2.03 of the Agreement for Development of Property (Pelican Walk) to cause such Pelican Walk Shopping Center to be described as Retail Unit One (RU-1) thereof and subject to the terms of such Declaration. ___________________________ By: Benjamin Mallah, its Manager EXHIBIT B Legal Description of Property The land referred to herein below is situated in the County of Pinellas, State of Florida, and described as follows: Lots 32 through 43, Block “B”, FIRST ADDITION TO CLEARWATER BEACH PARK, according to the map or plat thereof as recorded in Plat Book 15, Page 80, Public Records of Pinellas County, Florida, together with the adjacent 1/2 of a vacated alley lying along the East boundary thereof. AND Lots 2 through 8, Block “A”, as appearing on the plat named A RE-PLAT OF BLOCK “A” AND LOTS 1 TO 15 INCL. BLOCK “B” OF CLEARWATER BEACH PARK FIRST ADDITION, according to the map or plat thereof recorded in Plat Book 21, Page 21, Public Records of Pinellas County, Florida, together with the adjacent 1/2 of a vacated alley lying along the West boundary thereof. EXHIBIT “B-1” Lots 2 through 8, Block “A”, as appearing on the plat named A RE-PLAT OF BLOCK “A” AND LOTS 1 TO 15 INCL. BLOCK “B” OF CLEARWATER BEACH PARK FIRST ADDITION, according to the map or plat thereof recorded in Plat Book 21, Page 21, Public Records of Pinellas County, Florida, together with the adjacent 1/2 of a vacated alley lying along the West boundary thereof. EXHIBIT C PURCHASE AGREEMENT AND FIRST AMENDMENT TO PURCHASE AGREEMENT Exhibit D SITE PLANS EXHIBIT E PROJECT DEVELOPMENT SCHEDULE EXHIBIT F REQUIRED PERMITS EXHIBIT G CITY PARKING GARAGE REQUIREMENTS EXHIBIT H “CONCEPTUAL PARKING MANAGEMENT PLAN” FIRST AMENDMENT TO PURCHASE AGREEMENT DATED JUNE 10, 2014 BETWEEN THE CITY OF CLEARWATER, FLORIDA AND PARADISE GRPUP, LLC DATED AS JULY 16, 2015 THIS FIRST AMENDMENT TO THE PURCHASE AGREEMENT DATED JUNE 10, 2014 (the “Amendment”) is made as of this ___ day of _________, 2015 (the “Effective Date”), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “City”) and PARADISE GROUP, LLC, a Florida limited liability company (the “Developer”). W I T N E S S E T H WHEREAS, the City and the Developer are parties to that certain Purchase Agreement dated June 10, 2014; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Purchase Agreement, as more fully set forth herein below. NOW, THEREFORE the City and the Developer agree as follows: 1.Recital C is hereby amended as follows: C.The Developer intends to develop and construct on what is currently the Pelican Walk Shopping Center and Parking Lot (“Pelican Walk Property”) a retail/commercial project, including a parking garage containing approximately 702 total parking spaces, (collectively, the "Project"), on the property more particularly described in Exhibit “A: attached hereto (the "Property"). 2.Section 1(A)(1) is hereby amended to read as follows: Description of Project. The Project shall include a commercial parking garage, private and public parking, commercial and retail uses and appropriate accessory uses and shall be developed in substantial conformity with the Conceptual Plans, copies of which are attached as Exhibit “B” hereto. 3.Section 1(A)(2) is hereby amended as follows: Formation of Condominium. Paradise shall create a six (6) unit commercial condominium for the Project and Existing Retail Center. Retail Unit One (RU-1) shall consist of the Existing Retail Center described in Exhibit B-1 and improvements thereon, Retail Unit Two (RU-2) shall consist of the new approximately 12,000 square foot retail space with no common elements except for exterior walls excluding doors and plate glass, Parking Unit Ground (PU-G) shall consist of 28 parking spaces on the ground floor, Parking Unit One (PU-1) shall consist of 114 parking spaxes on the first and second floors, Parking Unit Two (PU-2) shall consist of the next lowest 450 parking spaces to be acquired by the City pursuant to the Amended Purchase Agreement plus any additional spaces acquired by the City pursuant to its hereinafter described option, and Parking Unit Three (PU-3) shall consist of the remaining 110 spaces (reduced by the number of spaces acquired by the City pursuant to its option, right of purchase or right of first refusal). All development rights remaining on the parking lot parcel shall be retained by RU-2 and be available for transfer (TDR) to another site as permitted by the Clearwater Community Development Code. The available development rights retained in RU-2 shall be calculated based upon the original unified parcel configuration, which included the parking lot parcel and the Pelican Walk Shopping Center parcel. PU-G, PU-1, and PU-3 may be divided into multiple units. Paradise shall submit the Property, including the Existing Retail Center, to the condominium form of ownership pursuant to Chapter 718 of the Florida Statutes. The condominium documents shall be in a in a form to be approved by City with a consent or joinder from any lender or lienholder or any other party having any record interest in any mortgage or lien encumbering the interest in the Property as required by Section 718.104(3) of the Florida Statutes. It is anticipated that the maintenance fees of the condominium will be allocated between the Units on an equitable basis mutually agreed upon by Paradise and City based on the anticipated maintenance and costs associated with the different units with the understanding that all improvements on RU-1e will be maintained by the owner of RU-1 and the owner of RU-1shall control the improvements made within said Unit. Cost of utilities shall be segregated to the Unit receiving service and not be a common expense, where possible. This Agreement shall terminate and the City shall have no obligation to purchase PU-2 in the event Paradise fails to deliver mutually agreeable condominium documents as a condition of closing on the City’s purchase of PU-2. Prior to the City’s purchase of PU-2, the condominium documents, once approved by the City, shall not be materially modified or amended without the prior written consent of the City, which consent shall not be unreasonably withheld. 4.Section 1(A)(3) is hereby amended as follows: Use of Parking Units/Spaces by Paradise and the City. The use of the Parking Units/Spaces shall be limited and restricted as follows: PU-G shall consist of 28 spaces that which may be apportioned by the City as leased parking, hourly parking, or both. PU-1 shall consist of 114 spaces that that may be apportioned by Paradise as leased parking, hourly parking, or both. Subsequent to closing, PU-2 shall consist of 450 spaces which may be apportioned by the City as leased parking, hourly parking, or both. PU-3 shall consist of 110 spaces that may not be rented on an hourly basis but may be leased or rented by Paradise on a non-hourly basis. Paradise agrees to submit a mutually agreeable commercially reasonable Parking Management Plan for the operation of PU-G, PU-1, PU-2 and PU-3 as a condition of closing. The parties have developed a conceptual parking management plan which is outlined in Exhibit “A.” The parties agree that the restrictions on the use of the Parking Units/Spaces contained in this First Amended and Restated Development Agreement and the terms of the Parking Management Plan may be amended upon mutual agreement of the parties without amending this First Amended and Restated Development Agreement or the Purchase Agreement and First Amendment to the Purchase Agreement. Any spaces within PU-G, PU-1, and PU-3 shall not be leased for an amount less than 50% of the then current monthly space rental charge charged by the City for parking spaces in PU-2. This restriction is limited to Paradise’s monthly rentals only. 5.Section 2 is hereby amended as follows: Acquisition of Parking Spaces. City shall acquire PU-2 consisting of 450 contiguous Parking Spaces which shall materially meet the City’s Parking Garage guidelines as provided in Exhibit “G” of the First Amended and Restated Development Agreement. Such Unit may be acquired at a cost per space as set forth in the Purchase Agreement (“Parking Unit”) with the City having the option to acquire up to 60 additional contiguous Spaces at a cost of $25,144 per space provided City exercises this option prior to final project design approval or September 4, 2015, whichever shall first occur. After September 4, 2015, until Closing the City shall still have the right to purchase additional spaces only if Paradise is offering to sell spaces to third parties, provided, however, the cost per space shall be at the rate or $25,144.00 per space. After closing, the City shall have a right of first refusal to acquire spaces which the Paradise is offering to sell to unrelated third parties, provided, however, the cost to the City per space shall be the same as the third party has offered. City shall be provided, within ten (10) days of execution of any third party offer for spaces, a copy of the proposed third party offer for the parking space(s) and the City shall have forty-five (45) days after receipt of the same within which to match the offer from the third party and closing will be within thirty (30) days thereafter. Provided, however, City shall not be required to close on such additional spaces prior to the City acquiring the Parking Unit with the 450 Parking Spaces…. 5.Section 3 is hereby amended as follows: Purchase Price. The purchase price to be paid by the City to Developer for the Parking Unit (PU-2) is Twenty-Five Thousand One Hundred Forty-Four and No/100 Dollars ($25,144.00) per space or Eleven Million Three Hundred Fourteen Thousand Eight Hundred and No/1 00 Dollars ($11,314,800.00) for the 450 spaces, (the “Purchase Price”), subject to adjustments and prorations as provided herein. 6.Section 6(C) is hereby deleted in its entirety. 7.Exhibit E is hereby amended as follows: “Project” means, generally, the development and construction of a 12,000 square foot retail/commercial project with a commercial parking garage containing 702 parking spaces open to the public. The Project will consist of the Retail Unit(s) and the Parking Unit, as more particularly described in this Agreement. “Retail Unit(s)” means 12,000 square foot retail/commercial unit. EXECUTED as of the date first above written. WITNESSES:DEVELOPER: PARADISE GROUP, LLC, a Florida limited liability company By: PDG IV, Inc., a Florida corporation, its managing member _________________________________By:__________________________ Michael P. Connor, President CITY: Attest:THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation By:_________________________________ Rosemarie Call, City Clerk Approved as to form: Pamela K. Akin City Attorney password COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE:July 7, 2015 AGENDA ITEM:E.1. CASE:DVA2014-06001A REQUEST:Review of, and recommendation to the City Council, of the first amended and restated Development Agreement between PV-Pelican Walk LLC (the property owner) and the City of Clearwater to increase the number of parking spaces from 642 to 702 for the property located at 483 Mandalay Avenue. GENERAL DATA: Agent………………………..Brian J. Aungst, Jr., Esq. Applicant / Owner.............PV-Pelican Walk, LLC (“Paradise”) Location……......................483 Mandalay Avenue; west side of Poinsettia Avenue,approximately 65 feet south of Baymont Street. Property Size…..................1.68 acres Future Land Use Plan……Resort Facilities High (RFH) Zoning………………………Tourist (T) District Special Area Plan..............Beach by Design (Retail/Restaurant District) Adjacent Zoning...North:Tourist (T) District South:Tourist (T) District East:Tourist (T) District West:Tourist (T) District Existing Land Use.............Surface parking lot, retail sales and services, and restaurants Proposed Land Use……….Parking garage, retail sales and services, and restaurants Community Development Board –July 7, 2015 DVA2014-06001A –Page 1 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ANALYSIS: Site Location and Existing Conditions: The 1.68-acre subject property is located on the west side of Poinsettia Avenue approximately 65 feet south of Baymont Street with 350 feet of frontage along Poinsettia Avenue. The property also has approximately 300 linear feet of frontage on Mandalay Avenue. The property is zoned Tourist (T) District and is located within the Restaurant/Retail District of Beach by Design. This district encompasses the area bounded by Memorial Causeway, Mandalay Avenue, Baymont Street and Poinsettia Avenue. The development proposal consists of two parcels of land which have an overall acreage of 1.68 acres. The western parcel is 0.74 acres and consists of the two-story Pelican Walk shopping center, which has 39,580 square feet of commercial floor area. The eastern parcel is 0.94 acres and consists of a surface parking lot that supports the shopping center. The immediate area is characterized by a variety of uses including restaurants,retail sales and services, overnight accommodations, and attached dwellings. The subject parcel is used as a surface parking lot for the Pelican Walk shopping center. It has 94 parking spaces. The property also has loading zones and solid waste enclosures that support the various uses within the shopping center. Code Compliance Analysis: There are no active Code Compliance cases for the subject property. Development Proposal: This amended development agreement does not include any changes to the approved setbacks, height of building, lot area and width, site layout, Poinsettia Avenue façade or landscape plan (FLD2014-05013). Community Development Board – July 7, 2015 DVA2014-06001A – Page 2 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION There has been no substantial change to the building design. The reengineering of the interior of the garage eliminated the cantilever design to accommodate an additional 60 spaces. The interior columns that would have supported the cantilever design were moved to the outside wall of the parking garage. This modification resulted in this addition of support columns on the ground floor level on the where the parking garage and existing Pelican Walk shopping center connect. The form of the building has remained the same. This modification to the interior of the garage increases the number of parking spaces from 642 to 702 off-street parking spaces. Development Agreement: The First Amended and Restated Development Agreement would completely replace and supersede the Development Agreement dated August 26, 2014. The City will still purchase 450 parking spaces with an option to buy some of the added 60 off-street parking spaces. The substantive changes to the original Development Agreement are as follows: 1. The number of parking spaces contained in the garage is increasing from 642 to 702. This does not result in any substantial change to the approved design of the building or site plan; 2. Amends the Commencement Date from September 1, 2015 in Section 1.01(6) to an uncertain month in 2015. It is the intent of the Developer to commence construction as early as August 2015; 3. Amends Section 2.03(2) Scope of Project from the condominium units in the original Development Agreement being designated as Unit 1 (existing Pelican Walk Plaza retail); Unit 2 (new approximately 11,000 square feet of retail fronting Poinsettia St.); Unit 3 (Developer’s first 89 parking spaces starting on the ground floor); Unit 4 (the City’s 450 spaces); and Unit 5 (the top floor consisting of 103 Developer owned spaces); to Section 2.03(2) Scope of Project which refers to the configuration of the condominium units as follows: RU-1 (existing Pelican Walk Plaza retail); RU-2 (approximately 12,000 square feet of retail fronting Poinsettia Ave.); PU-G (28 developer owned spaces on the ground floor); PU-1 (114 developer owned spaces on the first and second floors); PU-2 (the City’s 450 spaces starting on the second floor); and PU-3 (110 spaces owned by the Developer on the top floor). This change reflects the additional 60 spaces and also is consistent with the terminology used in the condominium documents which are being drafted contemporaneously with the consideration of the First Amended and Restated Development Agreement; 4. Amends Section 2.03(2) Scope of Project to clarify that the Developer’s parking spaces may be apportioned as leased parking, hourly parking, or both as the Council agenda item approving the original Development Agreement stated. 5. Amends Section 2.03(3) to add a conceptual parking management plan as Exhibit “H” to the Development Agreement. The conceptual parking management plan is intended to be a guide for the parties in negotiating a mutually agreeable parking management plan for the entire garage as a condition of the City closing on its purchase of PU-2; Community Development Board – July 7, 2015 DVA2014-06001A – Page 3 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 6. Amends Section 6.01, Acquisition of Condominium Unit Four to Section 6.01 Acquisition of PU-2, to give the City an option to purchase up to 60 of the additional spaces being added to the garage at the same per space purchase price that it is purchasing PU-2. This option expires on September 4, 2015. The City’s original option to purchase additional spaces expired in August 2014; 7. Section 6.04, Public Parking Reconciliation which detailed the City’s obligation to pay the Developer for operating PU-2 prior to closing in the event PU-2 does not generate sufficient revenue has been removed from the document; and 8. Section 10.01(5) is added to provide that the City will not require RU-2 to have any additional parking so long as it maintains 100% retail and/or restaurant use in Article 10. Representations, Warranties and Covenants of the City. The Community Development Board unanimously approved the site plan and building design on July 15, 2014 (FLD2014-05013). The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 4, 2015, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. The overall site is 1.68 acres located on the west side of Poinsettia Avenue approximately 65 feet south of the Baymont Street and Poinsettia Avenue intersection; 2. That the subject property is located in the Retail/Restaurant District of Beach by Design; 3. Commercial uses, including retail sales and services, restaurants and overnight accommodations, dominate this tourist area along the east and west sides of Mandalay Avenue, from Baymont Street in the north to the Memorial Causeway to the south; 4. That there are no changes to the approved site plan and building design; 5. The proposal increases the number of approved off-street parking spaces from 642 to 702 off-street parking spaces; and 6. There are no active Code Compliance cases for the subject property. Community Development Board – July 7, 2015 DVA2014-06001A – Page 4 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the First Amended and Restated Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2014-05013); 2. That the First Amended and Restated Development Agreement complies with the standards and criteria of CDC Section 4-606; and 3. That the First Amended and Restated Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the APPROVAL and recommendation to the City Council, of the first amended and restated Development Agreement between PV-Pelican Walk LLC (the property owner) and the City of Clearwater that increases the number of parking spaces from 642 spaces to 702 off-street parking spaces, for the property at 483 Mandalay Avenue. Prepared by Planning and Development Department Staff: Kevin W. Nurnberger, Planner III ATTACHMENTS: Photographs password COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE:August 18, 2015 AGENDA ITEM:E.1. CASE:DVA2014-06001A REQUEST:Review of, and recommendation to the City Council, of the first amended and restated Development Agreement between PV-Pelican Walk LLC (the property owner) and the City of Clearwater to increase the number of parking spaces from 642 to 702 for the property located at 483 Mandalay Avenue. GENERAL DATA: Agent………………………..Brian J. Aungst, Jr., Esq. Applicant / Owner.............PV-Pelican Walk, LLC (“Paradise”) Location……......................483 Mandalay Avenue; west side of Poinsettia Avenue,approximately 65 feet south of Baymont Street. Property Size…..................1.68 acres Future Land Use Plan……Resort Facilities High (RFH) Zoning………………………Tourist (T) District Special Area Plan..............Beach by Design (Retail/Restaurant District) Adjacent Zoning...North:Tourist (T) District South:Tourist (T) District East:Tourist (T) District West:Tourist (T) District Existing Land Use.............Surface parking lot, retail sales and services, and restaurants Proposed Land Use……….Parking garage, retail sales and services, and restaurants Community Development Board –August 18, 2015 DVA2014-06001A –Page 1 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ANALYSIS: Site Location and Existing Conditions: The 1.68-acre subject property is located on the west side of Poinsettia Avenue approximately 65 feet south of Baymont Street with 350 feet of frontage along Poinsettia Avenue. The property also has approximately 300 linear feet of frontage on Mandalay Avenue. The property is zoned Tourist (T) District and is located within the Restaurant/Retail District of Beach by Design. This district encompasses the area bounded by Memorial Causeway, Mandalay Avenue, Baymont Street and Poinsettia Avenue. The development proposal consists of two parcels of land which have an overall acreage of 1.68 acres. The western parcel is 0.74 acres and consists of the two-story Pelican Walk shopping center, which has 39,580 square feet of commercial floor area. The eastern parcel is 0.94 acres and consists of a surface parking lot that supports the shopping center. The immediate area is characterized by a variety of uses including restaurants,retail sales and services, overnight accommodations, and attached dwellings. The subject parcel is used as a surface parking lot for the Pelican Walk shopping center. It has 94 parking spaces. The property also has loading zones and solid waste enclosures that support the various uses within the shopping center. Code Compliance Analysis: There are no active Code Compliance cases for the subject property. Development Proposal: This amended development agreement does not include any changes to the approved setbacks, height of building, lot area and width, site layout, Poinsettia Avenue façade or landscape plan (FLD2014-05013). Community Development Board – August 18, 2015 DVA2014-06001A – Page 2 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION There has been no substantial change to the building design. The reengineering of the interior of the garage eliminated the cantilever design to accommodate an additional 60 spaces. The interior columns that would have supported the cantilever design were moved to the outside wall of the parking garage. This modification resulted in this addition of support columns on the ground floor level on the where the parking garage and existing Pelican Walk shopping center connect. The form of the building has remained the same. This modification to the interior of the garage increases the number of parking spaces from 642 to 702 off-street parking spaces. Development Agreement: The First Amended and Restated Development Agreement would completely replace and supersede the Development Agreement dated August 26, 2014. The City will still purchase 450 parking spaces with an option to buy some of the added 60 off-street parking spaces. The substantive changes to the original Development Agreement are as follows: 1. The number of parking spaces contained in the garage is increasing from 642 to 702. This does not result in any substantial change to the approved design of the building or site plan; 2. Amends the Commencement Date from September 1, 2015 in Section 1.01(6) to an uncertain month in 2015. It is the intent of the Developer to commence construction as early as August 2015; 3. Amends Section 2.03(2) Scope of Project from the condominium units in the original Development Agreement being designated as Unit 1 (existing Pelican Walk Plaza retail); Unit 2 (new approximately 11,000 square feet of retail fronting Poinsettia St.); Unit 3 (Developer’s first 89 parking spaces starting on the ground floor); Unit 4 (the City’s 450 spaces); and Unit 5 (the top floor consisting of 103 Developer owned spaces); to Section 2.03(2) Scope of Project which refers to the configuration of the condominium units as follows: RU-1 (existing Pelican Walk Plaza retail); RU-2 (approximately 12,000 square feet of retail fronting Poinsettia Ave.); PU-G (28 developer owned spaces on the ground floor); PU-1 (114 developer owned spaces on the first and second floors); PU-2 (the City’s 450 spaces starting on the second floor); and PU-3 (110 spaces owned by the Developer on the top floor). This change reflects the additional 60 spaces and also is consistent with the terminology used in the condominium documents which are being drafted contemporaneously with the consideration of the First Amended and Restated Development Agreement; 4. Amends Section 2.03(2) Scope of Project to clarify that the Developer’s parking spaces may be apportioned as leased parking, hourly parking, or both as the Council agenda item approving the original Development Agreement stated. 5. Amends Section 2.03(3) to add a conceptual parking management plan as Exhibit “H” to the Development Agreement. The conceptual parking management plan is intended to be a guide for the parties in negotiating a mutually agreeable parking management plan for the entire garage as a condition of the City closing on its purchase of PU-2; Community Development Board – August 18, 2015 DVA2014-06001A – Page 3 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 6. Amends Section 6.01, Acquisition of Condominium Unit Four to Section 6.01 Acquisition of PU-2, to give the City an option to purchase up to 60 of the additional spaces being added to the garage at the same per space purchase price that it is purchasing PU-2. This option expires on September 4, 2015. The City’s original option to purchase additional spaces expired in August 2014; 7. Section 6.04, Public Parking Reconciliation which detailed the City’s obligation to pay the Developer for operating PU-2 prior to closing in the event PU-2 does not generate sufficient revenue has been removed from the document; and 8. Section 10.01(5) is added to provide that the City will not require RU-2 to have any additional parking so long as it maintains 100% retail and/or restaurant use in Article 10. Representations, Warranties and Covenants of the City. The Community Development Board unanimously approved the site plan and building design on July 15, 2014 (FLD2014-05013). Community Development Code: Pursuant to Section 4-606.A., the City Council may enter into a general development agreement to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The City Council may also not enter into a Development Agreement as set forth in CDC Section 4-6706.G.1.i, if the agreement conflicts with the public health, safety or welfare of the citizens of the City of Clearwater. At this time, the City has not come to agreement with the applicant on certain aspects of the revised parking management plan and condominium documents, therefore, the First Amended and Restated Development Agreement does not meet the requirements of Section 4-606.G.1.i. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 4, 2015, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds the following finding of facts: 1. The overall site is 1.68 acres located on the west side of Poinsettia Avenue approximately 65 feet south of the Baymont Street and Poinsettia Avenue intersection; Community Development Board – August 18, 2015 DVA2014-06001A – Page 4 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 2. That there are no changes to the site plan or building design approved by the Community Development Board on July 15, 2014 (FLD2014-05013); 3. The revised Development Agreement increases the number of approved off-street parking spaces from 642 to 702 off-street parking spaces; 4. There are no active Code Compliance cases for the subject property; and 5. That the City of Clearwater has not agreed to certain aspects of the revised parking management plan and condominium documents. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the First Amended and Restated Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2014-05013); 2. That the First Amended and Restated Development Agreement does not comply with CDC Section 4-606.G.1.i; and 3. That the First Amended and Restated Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the DENIAL of the revised development agreement based on the fact that certain aspects of the parking management plan and condominium documents have not been agreed upon by the City. Prepared by Planning and Development Department Staff: Kevin W. Nurnberger, Planner III ATTACHMENTS: Photographs Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1572 Agenda Date: 8/20/2015 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the first amendment to a Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) and the City of Clearwater for property located at 401 South Gulfview Boulevard, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, revises the overall height of the proposed building and sets a new date by which time site plan approval must be obtained; adopt Resolution 15-19, and authorize the appropriate officials to execute same. (HDA2015-06001) SUMMARY: Development Proposal: No changes have been made to the Development Proposal presented at the August 6, 2015 council meeting. The owners continue to propose to utilize the existing 127 hotel units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design approved by City Council on September 18, 2014 as part of a Level III Development Agreement (HDA2014-06004/Resolution 14-29) resulting in a total of 227 units (114 units per acre). The proposal, in short, includes a new conceptual site plan and accompanying building elevations (exhibit B) and changes to the Development Agreement. The changes to the Development Agreement are listed below however, the conceptual site plan and building elevations have been completely reworked and a list of differences between the approved plan set and this submitted set is impractical. Development Agreement §Section 4.4: Increases the height of the building from approximately 140 feet to 150 feet. §Section 6.1.3.2: Changes the date by which site plan approval must be obtained to six months from approval of the amended Development Agreement. It should be noted that September 18, 2015 is the original date by which site plan approval is to be obtained. This amended Development Agreement will result in that date being February 20, 2016. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the August 6, 2015 council meeting. The Conceptual Site Plan continues to appear to be consistent with the Community Development Code (CDC) with regard to: §Minimum Lot Area and Width §Minimum Setbacks §Maximum Height §Minimum Off-Street Parking Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1572 §Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the August 6, 2015 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 first amended and restated amendment to the existing 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 no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2014-06004/Resolution 14-29); §Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; §Requires the developer to obtain building permits within six months of approval of the amended and restated Development Agreement 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 first amendment to an existing 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 8/19/2015 Resolution No. 15-19 RESOLUTION NO. 15-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND ALANIK PROPERTIES, ANCO HOLDINGS, LLC and NIKANA HOLDINGS, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated September 10, 2014, and the Agreement is attached as Exhibit “A;” and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit “B;” and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and ALANIK PROPERTIES, ANCO HOLDINGS, LLC and NIKANA HOLDINGS, INC., a copy of which is attached as Exhibit “B,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2015. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“Amendment”) is dated the day of _______________, 2015, 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 Cit y Council, the governing body thereof (“Cit y”). WITNESSETH: WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated September 10, 2014; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth herein below; and NOW, THEREFORE the City and the Developer agree as follows: 1. Exhibit “B,” attached to the Agreement is hereby amended and restated in its entirety and shall hereafter be and read as provided in Exhibit “B,” attached to this Amendment and incorporated for all purposes. 2. Section 4.4 is amended to read as follows: 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 150 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 3. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within six (6) months from the effective date of this Amendment in accordance with 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 the 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 the Agreement in accordance with Section 10. 4. This Amendment embodies the entire agreement between the City and the Developer with respect to the amendment of the Agreement. In the event of any conflict or inconsistency between provisions of the Agreement and this Amendment, the provisions of this Amendment shall control and govern. 5. Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the Agreement remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Amendment shall not, in any manner impair the Agreement, the purpose of this Amendment being simply to amend and ratify the Agreement, as hereby amended and ratified, and to confirm and carry forward the Agreement, as hereby amended, in full force and effect. IN W ITNESS 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 __________, 2015 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 “B” Survey, Conceptual Site Plan, and Architectural Drawings Exhibit “B” Survey, Conceptual Site Plan, and Architectural Drawings CLEARWATER HOTELSite Plan SubmittalJuly 7, 2015 No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.comCLEARWATER HOTELJuly 7, 2015RENDERINGSClearwater, FLSITE PLAN SUBMITTALA-102 HOTEL TOWERPARKINGPOOLDECK209' - 11"360' - 8"No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015SITE PLANClearwater, FLSITE PLAN SUBMITTALA-103 62' - 1" *61' - 4"23' - 5"24' - 0"85' - 9"11' - 0" 25' - 6"43' - 7"14' - 9"98' - 0"251' - 1" *80' - 0"10'-0" SETBACK15'-0" SETBACK15'-0" SETBACK10'-0" SETBACK6' - 0" *12' - 0"12' - 0"1234565' - 0" *12345661,293 SFGARAGE1ST FLOORSERVICEELEV.RAMPRAMPACCESS TOPOOL DECKHOTELELEVATORSTRASHCOMPACTOR+ 4' - 0"GARAGE1ST FLOOR+ 4' - 0"MEETINGROOMSTAIRSCOASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINERAMP UP2,305 SFSERVICE2,818 SFLOADING DOCK7' - 0"61' - 5" *7' - 2" *61' - 5" *5'-0" SETBACK7' - 0"4' - 9"23' - 6"5' - 1"27' - 4"4' - 9"28' - 5"20' - 0"14' - 6"5' - 0"27' - 9"4' - 7"27' - 9"4' - 2"24' - 10"4' - 6"26' - 7"4' - 5"34' - 7"4' - 1"16' - 9"2 4 ' - 3 "92' - 1"110' - 7"106' - 8"42' - 2" *No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015GROUND FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-104N* Measured along a curve 12345625' - 6"43' - 7"14' - 9"98' - 0"2,927 SFMAINTENANCEHOUSEKEEPINGLAUNDRY2,098 SFSTORAGE6,297 SFFRONT LOBBY /LOBBY LOUNGE934 SFRESTROOMS1,162 SFKITCHEN2,373 SFRESTAURANT2,177 SFMECH10'-0" SETBACK15'-0" SETBACK10'-0" SETBACK23' - 8"86' - 1"251' - 1" *80' - 0"5' - 0" *62' - 5" *6' - 6"6' - 0" *24' - 0"26,106 SFVALETENTRANCE/EXITONLY+ 14' - 0"GARAGE2ND FLOOR22' - 0"10' - 0" RADIUS15' - 0" RADIUSLOBBY1ST FLOOR+ 14' - 0"BARLOADING BELOWRAMP UPDROP OFF20,152 SFSERVICEELEV.RAMPRAMPDNTERRACE3,309 SFMEETINGROOMELEVATORSHOTELROOMELEVATORS42' - 1" *COASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINE15'-0" SETBACK15'-0" SETBACK2,818 SF61' - 5" *7' - 2" *61' - 5" *5'-0" SETBACKNo copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015FIRST FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-105N* Measured along a curve 25' - 6"43' - 7"14' - 9"98' - 0"10'-0" SETBACK15'-0" SETBACK10'-0" SETBACK134' - 11"58' - 6"251' - 1" *80' - 0"GARAGE3RD FLOOR22' - 0"10' - 0" RADIUSRAMP UPDROP OFFBELOWTERRACEBELOWRESTAURANT BELOWLOBBY BELOWPOOL DROP ABOVESERVICEELEV.MEETINGROOMELEVATORSHOTELROOMELEVATORSPOOL DROP ABOVE+ 27' - 6"ADMINISTRATION2ND FLOOR+ 27' - 6"8,718 SFBOH3,485 SFEMPLOYMENT SUPPORT& HUMAN RESOURCES4,062 SFACCOUNTING &EXECUTIVE OFFICES24' - 0"1 5 ' - 0 "COASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINE15'-0" SETBACK62' - 1" *6' - 0" *42' - 1" *61' - 5" *7' - 2" *61' - 5" *5'-0" SETBACKNo copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015SECOND FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-106N* Measured along a curve 22' - 0" 2 7 ' - 0 "25' - 2"43' - 11"14' - 9"98' - 0"10'-0" SETBACK15'-0" SETBACK10'-0" SETBACK60' - 9"71' - 11"61' - 2"80' - 0"6,531 SF1,453 SFBATHROOMS1,663 SFMEETING ROOM2,278 SFKITCHEN FOR MEETINGSPACE5,660 SFPRE-FUNCTION998 SF2,162 SFLOBBY486 SFSTORAGE6,889 SF6 HOTEL KEYS19,845 SF+ 37' - 6"POOL DECK3RD FLOORGARAGE4TH FLOOR16,053 SF10' - 0" RADIUSRAMP UPSERVICEELEV.MEETINGROOMELEVATORSHOTELELEVATORS123456POOLRESTROOMSCONFERENCEROOM 1CONFERENCEROOM 2MEETINGROOM 3MEETINGROOM 4PRE-FUNCTION STORAGEOUTDOOR TERRACE+ 37' - 6"COASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINE15'-0" SETBACK62' - 1" *40' - 8" *144' - 0" *5'-0" SETBACKNo copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015THIRD FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-107N* Measured along a curve 1234567891080' - 0"10'-0" SETBACK15'-0" SETBACK10'-0" SETBACKPOOL DECK BELOWGARAGE5TH FLOORVALET RAMP UPMECHANICAL / STORAGE+ 49' - 6"+ 49' - 6"HOTEL4TH FLOORMEETING/CONFERENCE ROOMS BELOW16,053 SFCOASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINE15'-0" SETBACK62' - 1" *40' - 8" *5'-0" SETBACKSTEPBACK15' - 0"S T E P B A C K15' - 0"No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015FOURTH FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-108N* Measured along a curve 13456 78910111314151617181913' - 6"35' - 8"36' - 8"13' - 6"10'-0" SETBACK80' - 0"44' - 8"15'-0" SETBACK10'-0" SETBACK30' - 0"12' - 0"16,053 SFPOOL DECK BELOWGARAGE6TH FLOOR+ 59' - 0"MECH/STORAGECOASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINE15'-0" SETBACK5'-0" SETBACKSTEPBACK15' - 0"S T E P B A C K15' - 0 "2122021No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015FIFTH FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-109* Measured along a curve 13' - 6"35' - 9"13' - 6"10'-0" SETBACK44' - 8"15'-0" SETBACK10'-0" SETBACK30' - 0"12' - 0"16,053 SFPOOL DECK BELOWGARAGE6TH FLOORHOTELTYP. 6TH-15THFLOORMECH/STORAGECOASTAL CONSTRUCTION LINEAPPROXIMATEFLOOD ZONE LINEAPPROXIMATEFLOOD ZONE LINE15'-0" SETBACK5'-0" SETBACKSTEPBACK15' - 0"S T E P B A C K15' - 0 "13456 78910111314151617181921219 KEYS/LEVEL10 TYP. LEVELS OF HOTEL15,257 SFNo copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015TYP. HOTEL FLOOR PLANClearwater, FLSITE PLAN SUBMITTALA-109.1N* Measured along a curve No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 40'-0"CLEARWATER HOTELJuly 7, 2015NORTH ELEVATIONClearwater, FLSITE PLAN SUBMITTALA-110 No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 40'-0"CLEARWATER HOTELJuly 7, 2015EAST ELEVATIONClearwater, FLSITE PLAN SUBMITTALA-111 No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 40'-0"CLEARWATER HOTELJuly 7, 2015WEST ELEVATIONClearwater, FLSITE PLAN SUBMITTALA-112 No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.comCLEARWATER HOTELJuly 7, 2015SOUTH ELEVATIONClearwater, FLSITE PLAN SUBMITTALA-113 No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.comCLEARWATER HOTELJuly 7, 20153D VIEWSClearwater, FLSITE PLAN SUBMITTALA-114NORTHEAST VIEWSOUTHEAST VIEWSOUTHWEST VIEWNORTHWEST VIEW No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.comCLEARWATER HOTELJuly 7, 2015MASSING DIMENSIONSClearwater, FLSITE PLAN SUBMITTALA-115 No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.comCLEARWATER HOTELJuly 7, 2015TOWER SEPARATION DIAGRAMClearwater, FLSITE PLAN SUBMITTALA-116 16,443Gross AreaSite Area = 86,880 SFAllowable Height = 150'Podium Level = 45'Calculated Height = 105'Site Volume at Tower = 9,122,400 CFGross Area at Podium = 16,443 SFTower Volume = 1,726,515 CFRatio Tower Volume to Site Volume at Tower = 19%No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.com 1" = 50'-0"CLEARWATER HOTELJuly 7, 2015BUILDING ENVELOPEClearwater, FLSITE PLAN SUBMITTALA-117 DECORATIVESCREENSDECORATIVESCREENSGLAZINGBASE COLOR:WHITENo copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or inpart be made without the express written permission of Zyscovich Architects. All designs indicated in thesedrawings are property of Zyscovich Architects. All copyrights reserved © 2015.100 N Biscayne Blvd . 27th FlMiami . FL 33132.2304t 305.372.5222 f 305.577.4521e info@zyscovich.comw www.zyscovich.comCLEARWATER HOTELJuly 7, 2015PROPOSED BUILDING COLORSClearwater, FLSITE PLAN SUBMITTALA-118 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 15-1479 Agenda Date: 8/20/2015 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve reallocating the City of Clearwater’s Qualified Energy Conservation Bond authority back to the State of Florida and adopt Resolution 15 - 17. SUMMARY: On April 23, 2015, the Florida Department of Agriculture and Consumer Services notified the City of Clearwater of the authority to issue $1,110,554 in Qualified Energy Conservation Bonds. A review of the costs associated with issuance of the bonds indicates that other funding options would be in the best interest of the City. Adopting Resolution 15 - 17 reallocates the bonding authority back to the State of Florida for possible use by others. Page 1 City of Clearwater Printed on 8/19/2015 Resolution No. 15-17 RESOLUTION NO. 15-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REALLOCATING THE CITY OF CLEARWATER’S QUALIFIED ENERGY CONSERVATION BOND AUTHORITY BACK TO THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Agriculture and Consumer Services Office of Energy (FDACS OOE) administers Qualified Energy Conservation Bonds (QECBs) for the State of Florida; and, WHEREAS, QECBs provide low-interest federal bonds to Large Local Governments (LLGs) with a population of 100,000 or more, and other governments, for qualified energy projects; and, WHEREAS, the FDACS OOE has notified LLGs of the availability for a QECB allocation; and, WHEREAS, analysis of the benefits of issuing QECBs in accordance with the allocation provided by the FDACS OOE has indicated that other funding options are in the best interest of the City; and, WHEREAS, the FDACS OOE reallocation procedures (see Notice of Intent to Use Allocation of QECBs, attached hereto as Exhibit A) requires that the City of Clearwater authorize QECB reallocations by issuance of a resolution by the City’s governing body; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby reallocates the 2015 QECB authorization allocation of $1,110,554 back to the State of Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2015. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1559 Agenda Date: 8/20/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Increase the residential and commercial Stormwater Utility rate by 1.25% to $14.33 per Equivalent Residential Unit (ERU) beginning October 1, 2015; to $14.51 per ERU beginning October 1, 2016; to $14.69 per ERU beginning October 1, 2017; to $14.87 per ERU beginning October 1, 2018; to $15.06 per ERU beginning October 1, 2019; and pass Ordinance 8765-15 on first reading. SUMMARY: The City’s rate study consultant, Burton and Associates, recently completed a Stormwater Revenue Sufficiency Analysis. The study indicated that, due to current capital and operating cost projections, the previously adopted rate increases of 2.75% scheduled for October 1, 2015 and October 1, 2016 can be revised downward to 1.25% increases, with additional 1.25% rate increases needed for the following three years. The recommended rates are as follows: ·Fiscal Year 2016, effective 10/01/2015 $14.33 ·Fiscal Year 2017, effective 10/01/2016 $14.51 ·Fiscal Year 2018, effective 10/01/2017 $14.69 ·Fiscal Year 2019, effective 10/01/2018 $14.87 ·Fiscal Year 2020, effective 10/01/2019 $15.06 Since the 2012 rate increases were passed, several significant flood control and water quality projects have been completed or are underway at the following locations: Tropic Hills, Hillcrest Avenue, South Gulfview Blvd, Myrtle Avenue/Seminole Street , Mandalay Avenue, Jeffords Street, Smallwood Circle, Woodlawn Terrace, Mango Street and the East Gateway. Page 1 City of Clearwater Printed on 8/19/2015 Ordinance 8765-15 ORDINANCE NO. 8765-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CLEARWATER CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION (3)(E) STORMWATER MANAGEMENT UTILITY RATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the August 4, 2015 Burton & Associates’ Stormwater Revenue Sufficiency Analysis, the City’s Engineering Department (the Department) determines that due to current capital and operating cost projections, the previously adopted 2.75% rate increases scheduled for 10/01/2015 and 10/01/2016 can be decreased to 1.25% increases, with years 2017, 2018, and 2019 also receiving 1.25% rate increases; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Appendix A, Schedule of Fees, Rates, and Charges, Article XXV Public Works--Fees, Rates, and Charges, Section (3)(e) Stormwater Management Utility Rates be amended by adding the underlined language and deleting the stricken language as follows: XXV. PUBLIC WORKS—FEES, RATES AND CHARGES ********* (3) Rates: ********* (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program funding needs of the system. For the purpose of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 2 Ordinance 8765-15 1.Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below and shall be effective for bills issued on or after the dates indicated: Effective 10/1/12 15 10/1/13 16 10/1/14 17 10/1/15 18 10/1/16 19 Per ERU $13.40 $14.33 $13.77 $14.51 $14.15 $14.69 $14.54 $14.87 $14.94 $15.06 ********* 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: ________________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Prepared by: City of Clearwater FY 2015 Stormwater Revenue Sufficiency Analysis Final Report August 4, 2015 BURTON & ASSOCIATES 1000 North Ashley Drive, Suite 513 Tampa, Florida 33602 Phone (813) 443-5138 Fax (813) 443-8289 E-mail: aburnham@burtonandassociates.com August 4, 2015 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: FY 2015 Stormwater Revenue Sufficiency Analysis – Final Report Dear Mr. Ravins: Burton & Associates is pleased to present the Final Report of the FY 2015 Stormwater Revenue Sufficiency Analysis that we have performed for the City’s Stormwater Enterprise Fund. We sincerely appreciate the fine assistance provided by you and all of the members of City staff who participated in the analysis. If you have any questions, please do not hesitate to call me at (813) 443-5138. Sincerely, Andrew J. Burnham Senior Vice President Enclosure FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS TABLE OF CONTENTS BURTON & ASSOCIATES i City of Clearwater Utility & Governmental Economics Final Report TABLE OF CONTENTS SECTION 1. INTRODUCTION ........................................................................................................... 1 1.1 BACKGROUND ................................................................................................................................... 1 1.2 OBJECTIVE AND SCOPE ..................................................................................................................... 2 SECTION 2. ANALYSIS ....................................................................................................................... 3 2.1 DESCRIPTION .................................................................................................................................... 3 2.2 ASSUMPTIONS ................................................................................................................................... 4 2.2.1 Growth .................................................................................................................................... 4 2.2.2 Interest Earnings on Invested Funds ...................................................................................... 4 2.2.3 Cost Escalation ....................................................................................................................... 5 2.2.4 Capital Projects Funding ....................................................................................................... 5 2.2.5 Borrowing Assumptions .......................................................................................................... 5 2.2.6 Short-Term Debt / Lease-Purchase Capital Expenditures...................................................... 6 2.2.7 Debt Service and Coverage .................................................................................................... 7 2.2.8 Minimum Working Capital Balance in Unrestricted Reserves ............................................... 7 2.3 RESULTS ........................................................................................................................................... 7 SECTION 3. CONCLUSIONS & RECOMMENDATIONS .............................................................. 9 3.1 CONCLUSIONS ................................................................................................................................... 9 3.2 RECOMMENDATIONS ......................................................................................................................... 9 APPENDIX A ..............................................................................................................................................11 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION BURTON & ASSOCIATES 1 City of Clearwater Utility & Governmental Economics Final Report SECTION 1. INTRODUCTION On behalf of the City of Clearwater (City), Burton & Associates conducted a Revenue Sufficiency Analysis (RSA) for its Stormwater Enterprise Fund1. The following sections of this Report describe in detail the assumptions, procedures, and results of the RSA, as well as our conclusions and recommendations. 1.1 BACKGROUND In 2012, the City Council adopted the following multi-year plan of annual stormwater fee revenue adjustments, effective October 1 of each year: FY 2013* FY 2014* FY 2015* FY 2016 FY 2017 Stormwater Fee Increase 2.75% 2.75% 2.75% 2.75% 2.75% * Increases already implemented. Though the adopted plan extends through FY 2017, the City periodically reviews the sufficiency of projected stormwater fee revenues (reflecting the adopted plan) to satisfy projected Utility requirements based upon updated assumptions2. Accordingly, the City has retained the services of Burton & Associates to conduct such a review, and to the extent necessary, recommend plans of future rate revenue adjustments that would satisfy projected requirements. 1 The Stormwater Enterprise Fund is used to account for the financing, acquisition, and operation and maintenance of the City’s stormwater utility system (the “Utility”). 2 The City last reviewed the sufficiency of projected stormwater fee revenues in 2014, see Final Report dated August 6, 2014. Per the results of the FY 2014 RSA, it was determined that the adopted plan of annual stormwater fee adjustments, followed by 2.75 % increases each year thereafter, would be sufficient to fund the Utilities identified requirements through FY 2024. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS INTRODUCTION BURTON & ASSOCIATES 2 City of Clearwater Utility & Governmental Economics Final Report 1.2 OBJECTIVE AND SCOPE Perform a Revenue Sufficiency Analysis – To evaluate the sufficiency of approved stormwater fee revenue adjustments to generate the level of revenues necessary to satisfy the Utility’s projected requirements through FY 2025, including 1) operations and maintenance costs, 2) capital improvement program costs, 3) existing debt service costs and corresponding net income to debt service coverage ratios, and 4) adequate operating reserves; and, if necessary, develop alternative plans of future stormwater fee revenue adjustments that will satisfy these projected requirements during each year of the forecast. Conduct a Stormwater Fee Survey – That compares the City’s current monthly stormwater user fee to that of other utility systems within the City’s surrounding geographic area. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 3 City of Clearwater Utility & Governmental Economics Final Report SECTION 2. ANALYSIS Burton & Associates performed a Revenue Sufficiency Analysis (RSA) for the City’s Stormwater Enterprise Fund that identifies the level of annual revenue (and stormwater fee adjustments) required over a near-term planning period (FY 2016 – FY 2020) and long-term projection period (FY 2016 – FY 2025) to meet all of the Utility’s operating and capital requirements3. The following sub-sections present a description of the procedures, assumptions, and results of the RSA. 2.1 DESCRIPTION The RSA was performed using both historical and projected information. The Utility’s Statement of Net Position, as of September 30, 2014, was used for establishing the beginning FY 2015 fund balances. The revenue sources utilized in the RSA consist of 1) stormwater fee revenue, 2) other operating revenues, 3) interest earnings revenue, and 4) inter-fund transfers in (including one-time revenues and anticipated grant proceeds for capital). FY 2015 stormwater fee revenue was estimated based upon the straight-line extrapolation of six months of actual year-to-date results; while future stormwater fee revenues are calculated annually based upon prior year projected revenues, adjusted for applicable stormwater fee adjustments and projected customer growth. Interest income is calculated annually based upon projected average fund balances and assumed interest rates. All other categories of revenue were based upon the FY 2015 Budget, including one-time revenues from the City’s General Fund and Community Redevelopment Agency from the sale of property in the City’s redevelopment area. 3 The RSA begins with FY 2015 data; however, the majority of this information serves as base data upon which future year projections of revenue and expenses are based. As such, for the purposes of this analysis, FY 2015 is not considered part of the projection period. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 4 City of Clearwater Utility & Governmental Economics Final Report The revenue requirements identified in the RSA consist of 1) operating and maintenance expenses (including personal services expenses), 2) inter-fund transfers out, 3) minor capital outlays, 4) debt service requirements, and 5) capital improvement program (CIP) requirements. FY 2015 operating and maintenance expenses, inter-fund transfers, and minor capital outlays are per the FY 2015 Budget; while future operating and maintenance costs and minor capital outlays are based upon the Proposed FY 2016 Budget, adjusted for assumed future cost escalation4. Future inter-fund transfers represent annual Payment In Lieu of Taxes (PILOT) payments, calculated as 5.5% of prior year operating revenues. Outstanding annual debt service requirements are per amortizations schedules provided by City staff for each of the Utility’s existing debt issues, whereas the annual debt service associated with any future borrowing is calculated within the financial model. Annual capital requirements are based upon the multi-year CIP budget provided by City staff, and adjusted for projected annual spending execution as discussed with City staff. 2.2 ASSUMPTIONS We communicated with City staff regarding the following assumptions, base data, and parameters utilized in the RSA: 2.2.1 Growth There was no customer growth assumed in any year of the RSA. 2.2.2 Interest Earnings on Invested Funds Interest earnings on invested funds, or interest income, was calculated annually based upon projected average fund balances and assumed annual interest rates of 1.50% in FY 2015, 2.00% in FY 2016, and 2.50% in FY 2017 and each year thereafter. 4 FY 2016 includes a one-time payment to the Army Core of Engineers of $1,300,000. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 5 City of Clearwater Utility & Governmental Economics Final Report 2.2.3 Cost Escalation Annual cost escalation factors for the various types of operating and maintenance expenses were discussed with and approved by City staff and applied in each year of the projection period beginning in FY 2017. The specific escalation factors assumed for each category of expense are presented on Schedule 1 of Appendix A of this Report. 2.2.4 Capital Projects Funding Through FY 2021, annual capital requirements are per the multi -year CIP provided by City staff. Each year thereafter, annual capital requirements are calculated based upon the average annual capital requirements budgeted for the preceding 5-years. It is important to note that beginning in FY 2016, a 3.0% annual compounding cost escalation factor has been applied to each capital project to account for inflation in the future cost of construction. Recognizing City staff’s anticipated FY 2015 capital spending, $12 million of capital requirements were moved out of FY 2015 and into FY 2016, FY 2017 and FY 2018 ($4 million per year) resulting in capital spending execution rates of 48% in FY 2015 and 169% in the subsequent three years. Spending execution of 100% is assumed each year thereafter. In total, the cost of the CIP (including cost inflation) from FY 2015 – FY 2025 equals approximately $97.5 million. A detailed list of the specific projects and costs by year are presented on Schedule 3 of Appendix A of this Report. 2.2.5 Borrowing Assumptions To the extent borrowing is required in any year of the projection period, it was assumed to carry the following terms: Long-Term Debt: Term: 30 Years Interest Rate: 5.50% in each year of the projection period Cost of Issuance: 2.50% of Par Debt Service Reserve: Equal to 1 year of annual debt service expense Payment Schedule: Interest-only in first year of issuance FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 6 City of Clearwater Utility & Governmental Economics Final Report Interim Financing: Term: 20 Years Interest Rate: 1.50% in FY 2015, 2.00% in FY 2016 and 2.50% in FY 2017 and each year thereafter To the extent required, long-term debt is assumed to be issued in FY 2017, and every other year thereafter. Therefore, to the extent required, interim financing is utilized in years when long-term debt is not. All interim financing issues are assumed to be issued at the beginning of the fiscal year and refinanced in the subsequent year as part of a long- term debt issuance. Interest payments are the only carrying cost assumed for interim financings. No new debt is projected during the near-term planning period (FY 2016 – FY 2020). However, new debt is projected beginning in FY 2023. It is important to note that the RSA presented herein incorporates significant conservative assumptions, such that future borrowings as currently projected may not occur, including: 1. Operations & Maintenance (O&M) spending is assumed to be 100% in each year of the projection period, but historically the Utility spends closer to 95% of budgeted O&M expenses. 2. A one-time payment to the Army Core of Engineers is currently reflected in FY 2016 for $1.3 million. Pending legislative action, it is possible that this payment will not occur; and if it does, it is anticipated to be less than budgeted. 3. The RSA included herein assumes no grant funding will be received beyond FY 2016; however, it is expected that some level of grant funding will be awarded in the future. 2.2.6 Short-Term Debt / Lease-Purchase Capital Expenditures The RSA includes $320,000 of shorter-lived asset replacements in FY 2016 that will be financed via the City’s short-term lease-purchase program. Specifically, these assets were assumed to be financed over a 5-year term at an annual cost of borrowing equal to 2.00%, and assuming cost of issuance equal to 1% of the par amount. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 7 City of Clearwater Utility & Governmental Economics Final Report 2.2.7 Debt Service and Coverage The Utility must maintain the following debt service coverage ratios per the Utility’s outstanding bond covenants: Rate Covenant – Net income (gross revenues minus operating expenses) must be at least 1.15 times annual debt service Parity Test – Net income must be at least 1.20 times maximum annual debt service payment (only in years when revenue bonds are issued) 2.2.8 Minimum Working Capital Balance in Unrestricted Reserves The financial management plan presented herein reflects a minimum annual working capital balance equal to 6-months of annual operating and maintenance expenses. 2.3 RESULTS As previously stated, the primary objectives of the RSA were evaluate the sufficiency of approved stormwater fee revenue adjustments to generate the level of revenues necessary to satisfy the Utility’s projected requirements through FY 2025, including 1) operations and maintenance costs, 2) capital improvement program costs, 3) existing debt service costs and corresponding net income to debt service coverage ratios, and 4) adequate operating reserves; and, if necessary, develop alternative plans of future stormwater fee revenue adjustments that will satisfy these projected requirements during each year of the forecast. Per the results of the RSA, it was determined that annual inflationary-like rate increases of 1.25% beginning in FY 2016would satisfy all requirements and objectives of the Utility through FY 2025. However, the City’s adopted plan of 2.75% annual stormwater fee adjustments extends through FY 2017. Both plans of rate adjustments would preserve debt capacity for future unplanned capital improvement requirements, such as those that may be required to comply with new regulatory requirements. However, in consideration of current economic conditions, it is the recommendation of City staff and Burton & Associates that the City proceed with a new five-year plan of annual stormwater fee adjustments equal to 1.25% per year, effective October 1, 2015 (FY 2016) and each FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS ANALYSIS BURTON & ASSOCIATES 8 City of Clearwater Utility & Governmental Economics Final Report October 1 thereafter. Schedules included in Appendix A of this Report present the detailed financial management plan described herein, assuming annual stormwater fee adjustments of 1.25% (effective for FY 2016). Schedule 12 of Appendix A of this Report presents the results of a comparative survey that compares the City’s current monthly stormwater user fee to that of other utility systems within the City’s surrounding geographic area; whereas, Schedule 13 presents information gathered with regard to each utility’s known, or planned, FY 2016 stormwater user fee adjustments. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS CONCLUSIONS & RECOMMENDATIONS BURTON & ASSOCIATES 9 City of Clearwater Utility & Governmental Economics Final Report SECTION 3. CONCLUSIONS & RECOMMENDATIONS This section of the Report presents our conclusions and recommendations of the RSA. 3.1 CONCLUSIONS • Based upon the assumptions and data described herein, the approved plan of 2.75% annual rate increases through FY 2017, and subsequent annual 2.75% adjustments through the remainder of the projection period, is projected to generate revenue sufficient to fully fund the operating and capital requirements of the Utility without the issuance of additional debt (based upon current regulatory requirements). • However, annual stormwater user fee increases of 1.25% beginning in FY 2016, and continuing through the remainder of the projection period, is also projected to generate revenue sufficient to fully fund the operating and capital requirements of the Utility without the issuance of additional debt (based upon current regulatory requirements). 3.2 RECOMMENDATIONS • The City should replace its existing plan with a new five-year plan of annual stormwater fee adjustments; amending FY 2016 and FY 2017 rate increases from 2.75% to 1.25%, effective October 1, 2015, and extending the plan through FY 2020. These rate adjustments are projected to preserve debt capacity to address the cost of compliance associated with future regulatory requirements, such as those that may result from the numeric nutrient criteria rulemaking process. • The City should continue to update this analysis on an annual basis to evaluate the adequacy of its revenues and plan of annual stormwater fee increases. Doing so will allow for the incorporation of updated revenue and expense information as well as changes in economic conditions, regulatory requirements, and other factors so that any necessary adjustments can be made to the financial FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS CONCLUSIONS & RECOMMENDATIONS BURTON & ASSOCIATES 10 City of Clearwater Utility & Governmental Economics Final Report management plan presented herein. This will ensure the Utility continue meeting all of its financial and operational requirements, while minimizing the impacts to customers from future events occurring differently than currently projected. FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS APPENDIX A BURTON & ASSOCIATES 11 City of Clearwater Utility & Governmental Economics Final Report Appendix A Supporting Schedules FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 1 - Assumptions APPENDIX A BURTON & ASSOCIATES 12 City of Clearwater Utility & Governmental Economics Final Report Description:14 URS (1)Update 14 URS Update 14 URS Update 14 URS Update 14 URS Update 14 URS Update 14 URS Update Internal Service Charges 4.00%As budgeted 4.00%5.00%3.00%5.00%3.00%3.00%3.00%3.00%3.00%3.00%N/A 3.00% Annual Inflation Component 4.00%As budgeted 4.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%N/A 3.00% Pay Increases 2.50%As budgeted 3.00%3.00%3.00%2.50%2.50%2.50%2.50%2.50%2.00%2.50%N/A 2.50% Add For Health Insurance 5.00%As budgeted 5.00%10.00%5.00%9.00%5.00%8.00%5.00%8.00%0.00%8.00%N/A 8.00% City Pension Contribution - % Of Pay 24.00%As budgeted 23.60%19.00%22.80%18.00%21.80%18.00%21.00%18.00%20.00%18.00%N/A 18.00% % Of Yr Increase Is Effective 100.00%As budgeted 100.00%100.00%100.00%100.00%100.00%100.00%100.00%100.00%100.00%100.00%N/A 100.00% Interest Earning Rates: Revenue Account 2.50%1.50%2.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%3.00%2.50%N/A 2.50% Bond Funds (New Issues)2.50%1.50%2.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%3.00%2.50%N/A 2.50% Rate of Expend. From Cap Funds: Stormwater - CIP And Bond Funds 30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%N/A 30.00% Payment In Lieu Of Taxes (PILOT)5.50%As budgeted 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%N/A 5.50% Other Assumptions: Debt Issuance: Dbt Svc Reserve Surety Dbt Svc Reserve Fund 540100 540200 540300 540400 Capitalized Int. To Bond Sinking Fund 540500 540600 540700 540800 Underwriters Discount 540900 541000 541100 541200 Other Costs Of Issuance:541400 541500 541600 541700 Cost Of Bond Insurance:541800 542000 542700 542800 Term Of Issuance 542900 547900 Annual Interest Rate Debt Service Working Capital Above Required Reserves Required Coverages: Parity Test Rate Covenant (1) SW 14 URS are assumptions from the FY 2014 Stormwater Revenue Sufficiency Analysis Update as prepared by Burton and Associates 1.20 1.20 1.50 1.50 depending on debt depending on debt 25% of O&M expense 25% of O&M expense 30 years 30 years 5.5% wrapped and levelized 5.5% wrapped and levelized 1 year of debt svc 1 year of debt svc Zero capitalization Zero capitalization Combine into one item Costs of Issuance at 2.5% Combine into one item Costs of Issuance at 2.5% FY 2021 - FY 2025 14 URS Update INTERNAL SERVICE CHARGE CODES SUBJECT TO 5.0% INFLATION RATE for FY16 -17 and 3.0% for FY18 - 21N/A N/A FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 2 – Beginning Balances APPENDIX A BURTON & ASSOCIATES 13 City of Clearwater Utility & Governmental Economics Final Report FUND BALANCES 9/30/2014 Revenue Fund 26,490,655$ Restricted Reserves 1,375,313$ TOTAL CONSOLIDATED FUND BALANCE 27,865,968$ REVENUE FUND DETAIL Current Unrestricted Assets Cash and Investments 24,884,907$ Accrued Interest Receivable 97,314$ Accounts and Contracts Receivable (net of Allowance for Uncoll.)2,238,619$ Other Receivables -$ Interfund Receivables -$ Due From Other Governmental Entities -$ Inventories -$ Prepaid Expenses and Other Assets -$ Total Current Unrestricted Assets 27,220,840$ Less: Accounts and Contracts Payable (324,975)$ Less: Accrued Payroll (72,289)$ Less: Accrued Interest Payable -$ Less: Due to Other Funds -$ Less: Due to Other Governmental Entities -$ Less: Deposits -$ Less: Unearned Revenue and Liens -$ Less: Current Potion of LT Liabilities - Compensated Absences (118,851)$ Less: Current Potion of LT Liabilities - OPEB -$ Less: Current Potion of LT Liabilities - Revenue Bonds (114,583)$ Less: Current Potion of LT Liabilities - Notes (99,487)$ Less: Current Potion of LT Liabilities - Claims Payable -$ Total Unrestricted Working Capital 26,490,655$ Less: Inventories -$ Net Unrestricted Working Capital Available 26,490,655$ RESTRICTED RESERVE FUND DETAIL Restricted Reserve Assets Assets in Stormwater 04 Bond Debt Service Fund 230 376,522$ Assets in Bond Debt Service Requirements Fund 244 1,368,666$ Assets in Stormwater 05 Bond Debt Service Fund 277 236,842$ Assets in Stormwater 12 Bond Debt Service Fund 281 876,876$ Assets in Stormwater 13 Bond Debt Service Fund 282 182,186$ Assets in Stormwater 14 Bond Debt Service Fund 285 23,617$ Total Noncurrent Restricted Reserve Assets 3,064,709$ Less: Accrued Interest Payable (428,979)$ Less: Current Portion of LT Liabilities - Revenue Bonds (1,260,417)$ Net Restricted Reserve Balance 1,375,313$ FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 3 – Capital Improvement Plan APPENDIX A BURTON & ASSOCIATES 14 City of Clearwater Utility & Governmental Economics Final Report Project Description FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Public Works Complex -$ 16,000 110,720 1,080,710 174,130 1,729,740 - - - - - A/C Replacement 8,094 - - - - - - - - - - Flooring of Facilities 2,269 - - - - - - - - - - Roof Repairs - - - - - - - - - - - Storm Pipe Syst Imprvmnts 7,020,120 1,682,550 1,914,380 951,150 2,374,320 1,199,690 2,494,000 - - - - Town Pond 5,144 - - - - - - - - - - Stevensons Crk Est Rest 730,461 - - - - - - - - - - FDEP Compliance - - - - - - - - - - - Allens Crk Imprv Pjs 154,843 - - - - - - - - - - Stormwater System Expansion 2,348,451 300,000 300,000 300,000 300,000 300,000 300,000 - - - - Stevenson Creek 1,303,462 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 - - - - Coastal Basins Improv Projs 2,924,605 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 - - - - Alligator Creek Watershed Projs 1,744,023 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 - - - - Allen's Crk Wtrshd Mgmnt Plan 106,960 - - - - - - - - - - Jeffords St Outfall 93,352 - - - - - - - - - - Smallwood Circle 1,192,514 - - - - - - - - - - Tropic Hills Phs III - - - - - - - - - - - Stormwater Maint St Swping Facility 381,583 - - - - - - - - - - Jeffords Street Channel - - - - - - - - - - - Mandalay Ave Outfall 0 - - - - - - - - - - Magnolia Dr Outfall 1,343,607 - - - - - - - - - - Woodlawn Terr Floodplain Storage Facility 333,795 - - - - - - - - - - Hillcrest Bypass Culvert 1,950,000 - - - - - - - - - - Mango Outfall 900,000 - - - - - - - - - - East Gateway Improvements 750,000 - - - - - - - - - - Dump Trailer - 60,000 - - - - - - - - - Roll Off Truck - 230,000 - - - - - - - - - 4WD Ford Explorer - 30,000 - - - - - - - - - Citywide Aerial Photography 3,312 - - - - - - - - - - Unspecified Stormwater (1)-$ - - - - - - 7,633,095 7,959,169 8,315,342 8,570,153 315-961xx NNC Requirements - Scenario - - - - - - - - - - - 315 961xx Stormwater Maintenance R&R - - - - - - - - - - - Total CIP Budget 23,296,596$ 5,818,550 5,825,100 5,831,860 6,348,450 6,729,430 6,294,000 7,633,095 7,959,169 8,315,342 8,570,153 Cumulative Projected Cost Escalation (2)0.00%3.00%6.10%9.30%12.60%15.90%19.40%23.00%26.70%30.50%34.40% Resulting CIP Funding Level 23,296,596$ 5,993,107 6,180,431 6,374,223 7,148,355 7,799,409 7,515,036 9,388,706 10,084,268 10,851,522 11,518,286 Annual CIP Execution Percentage 48.5%168.7%168.7%168.6%100.0%100.0%100.0%100.0%100.0%100.0%100.0% Final CIP Funding Level 11,296,596$ 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,959,169 8,315,342 8,570,153 (1) Unspecified Future Stormwater Projects are calculated as a 5-yr rolling average of all budgeted Stormwater CIP expenditures (2) Annual cost escalation factor of 3.00% is based upon the 5-year average increase in utility construction costs, per the Engineering News Record Construction Cost Index (ENR-CCI). FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 4 – Projection of Cash Inflows APPENDIX A BURTON & ASSOCIATES 15 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Projection Assumptions Growth N/A 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Annual Stormwater Rate Increase Assumed N/A 1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25% Stormwater Rate Revenue Subject to Growth & Rate Increases 17,165,316$ 17,379,882 17,597,131 17,817,095 18,039,809 18,265,306 18,493,623 18,724,793 18,958,853 19,195,839 19,435,787 Other Operating Revenue Late Payment Fee 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Scrap Sales 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 Misc. - Capital Labor 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 Misc. - Parking Oper Fund Transfer 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 86,390 Misc. - Workers Comp Reimburse 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Total Operating Revenue 147,890$ 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 Interest Earnings Revenue Interest Earned on Invested Funds 468,178$ 627,245 701,265 594,997 491,392 438,121 390,798 341,898 296,362 280,140 295,504 Total Interest Earnings Revenue 468,178$ 627,245 701,265 594,997 491,392 438,121 390,798 341,898 296,362 280,140 295,504 Transfers In General Fund 237,870$ - - - - - - - - - - Community Rdvlpmnt Agncy 301,303 - - - - - - - - - - Grant Funded CIP Proceeds 3,056,251 3,056,251 - - - - - - - - - Total Transfers In & Grant Funding 3,595,424$ 3,056,251 - - - - - - - - - Total Cash Inflows 21,376,808$ 21,211,268 18,446,286 18,559,982 18,679,091 18,851,317 19,032,311 19,214,581 19,403,105 19,623,868 19,879,180 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX A BURTON & ASSOCIATES 16 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 O&M, Transfers Out, Capital Outlay, & Debt Service Expenditures O&M EXPENSES 01365 Eng-Stormwater Management 510100 Full Time Salaries & Wages 586,450$ 641,530 657,568 674,007 690,858 708,129 725,832 743,978 762,578 781,642 801,183 510200 Part Time Salaries & Wages 12,290 12,290 12,597 12,912 13,235 13,566 13,905 14,253 14,609 14,974 15,349 510500 Overtime 1,210 1,270 1,302 1,334 1,367 1,402 1,437 1,473 1,509 1,547 1,586 520100 Life Ins $2500 Empl & Pens 60 90 93 95 98 101 104 107 111 114 117 520200 1% Life Insurance-Employee 820 870 896 923 951 979 1,009 1,039 1,070 1,102 1,135 520300 Samp Life Insurance 1,020 2,100 2,163 2,228 2,295 2,364 2,434 2,508 2,583 2,660 2,740 520400 Major Medical Ins-Emp 88,550 92,160 100,454 108,491 117,170 126,544 136,667 147,600 159,409 172,161 185,934 520600 Social Security-Employee 14,160 15,240 15,697 16,168 16,653 17,153 17,667 18,197 18,743 19,306 19,885 520700 Emp Pension Plan 100,860 105,350 118,362 121,321 124,354 127,463 130,650 133,916 137,264 140,696 144,213 520900 Workers Compensation 5,940 6,950 7,159 7,373 7,594 7,822 8,057 8,299 8,548 8,804 9,068 521000 Disability Insurance 420 430 443 456 470 484 498 513 529 545 561 522000 CWA Life Insurance 200 200 206 212 219 225 232 239 246 253 261 530100 Professional Services 83,000$ 83,000 85,490 88,055 90,696 93,417 96,220 99,106 102,080 105,142 108,296 530300 Other Contractual Serv 349,800 346,800 357,204 367,920 378,958 390,326 402,036 414,097 426,520 439,316 452,495 542200 Elec-Util Charges 7,000 7,000 7,210 7,426 7,649 7,879 8,115 8,358 8,609 8,867 9,133 542300 Gas,Water & Sanitation Utl 880 880 906 934 962 990 1,020 1,051 1,082 1,115 1,148 542500 Postage 1,600 1,600 1,648 1,697 1,748 1,801 1,855 1,910 1,968 2,027 2,088 543100 Advertising 780 780 803 828 852 878 904 931 959 988 1,018 543400 Printing & Binding 5,500 5,500 5,665 5,835 6,010 6,190 6,376 6,567 6,764 6,967 7,176 544100 Equipt Rental 100 100 103 106 109 113 116 119 123 127 130 546100 Ofc Equip Svc & Repair 100 100 103 106 109 113 116 119 123 127 130 546200 Other Equip Svc & Repair 250 250 258 265 273 281 290 299 307 317 326 547100 Uniforms-Employee 580 580 597 615 634 653 672 693 713 735 757 547200 Travel Expense-Emp 4,400 6,100 6,283 6,471 6,666 6,866 7,072 7,284 7,502 7,727 7,959 547300 Mileage Reimbursement 410 410 422 435 448 461 475 490 504 519 535 547400 Meals-Employee 80 80 82 85 87 90 93 96 98 101 104 547700 Cell Phone Stipend 360 360 371 382 393 405 417 430 443 456 470 548000 Other Services Or Charges 100 100 103 106 109 113 116 119 123 127 130 550100 Office Supplies 720 720 742 764 787 810 835 860 886 912 939 550400 Operating Supplies & Matls 4,640 4,640 4,779 4,923 5,070 5,222 5,379 5,540 5,707 5,878 6,054 557100 Memberships/Subs/Lic Emp 10,950 6,520 6,716 6,917 7,125 7,338 7,558 7,785 8,019 8,259 8,507 557200 Officl Recognition-Emp 100 100 103 106 109 113 116 119 123 127 130 557300 Training & Ref Employee 5,500 8,250 8,498 8,752 9,015 9,285 9,564 9,851 10,146 10,451 10,764 540100 Garage Services 8,220$ 8,630 9,062 9,333 9,613 9,902 10,199 10,505 10,820 11,145 11,479 540300 Telephone Service Variable 1,950 2,050 2,152 2,217 2,283 2,352 2,422 2,495 2,570 2,647 2,726 540600 Telephone Svc Fixed 1,310 1,380 1,448 1,492 1,537 1,583 1,630 1,679 1,730 1,781 1,835 540700 Postal Service 12,500 13,120 13,776 14,189 14,615 15,053 15,505 15,970 16,449 16,943 17,451 540900 Risk Mgmt Service 2,420 2,420 2,541 2,617 2,696 2,777 2,860 2,946 3,034 3,125 3,219 541000 Info Technology Charge 97,350 102,220 107,330 110,550 113,867 117,283 120,801 124,425 128,158 132,003 135,963 542000 Employee Benefits-Fixed 1,860 1,950 2,048 2,109 2,172 2,237 2,304 2,374 2,445 2,518 2,594 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX A BURTON & ASSOCIATES 17 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 02090 Pub Ser-Stormwater Util 510100 Full Time Salaries & Wages 1,501,940$ 1,679,050 1,721,026 1,764,052 1,808,153 1,853,357 1,899,691 1,947,183 1,995,863 2,045,759 2,096,903 510500 Overtime 31,950 30,460 31,222 32,002 32,802 33,622 34,463 35,324 36,207 37,113 38,040 520100 Life Ins $2500 Empl & Pens 20 30 31 32 33 34 35 36 37 38 39 520200 1% Life Insurance-Employee 600 640 659 679 699 720 742 764 787 811 835 520300 Samp Life Insurance 330 660 680 700 721 743 765 788 812 836 861 520400 Major Medical Ins-Emp 342,010 433,040 472,014 509,775 550,557 594,601 642,169 693,543 749,026 808,948 873,664 520600 Social Security-Employee 25,160 27,900 28,737 29,599 30,487 31,402 32,344 33,314 34,313 35,343 36,403 520700 Emp Pension Plan 297,370 314,750 309,785 317,529 325,468 333,604 341,944 350,493 359,255 368,237 377,443 520900 Workers Compensation 47,540 40,920 42,148 43,412 44,714 46,056 47,437 48,861 50,326 51,836 53,391 521000 Disability Insurance 260 260 268 276 284 293 301 310 320 329 339 522000 CWA Life Insurance 3,660 7,550 7,777 8,010 8,250 8,498 8,753 9,015 9,286 9,564 9,851 530300 Other Contractual Serv 130,600$ 130,600 134,518 138,554 142,710 146,991 151,401 155,943 160,622 165,440 170,403 542300 Gas,Water & Sanitation Utl 19,590 22,700 23,381 24,082 24,805 25,549 26,316 27,105 27,918 28,756 29,618 542500 Postage 120 120 124 127 131 135 139 143 148 152 157 542700 Interfd Svc Chg-Other Fund 11,310 11,880 12,473 12,848 13,233 13,630 14,039 14,460 14,894 15,341 15,801 542800 Interfd Other Serv Chgs 1,000,580 1,050,610 1,103,141 1,136,235 1,170,322 1,205,431 1,241,594 1,278,842 1,317,207 1,356,724 1,397,425 542900 Interfd Admin Service Chg 605,710 614,640 645,372 664,733 684,675 705,215 726,372 748,163 770,608 793,726 817,538 543400 Printing & Binding 500 500 515 530 546 563 580 597 615 633 652 543500 Dump Fee (1)250,000 250,000 180,000 185,400 190,962 196,691 202,592 208,669 214,929 221,377 228,019 544100 Equipt Rental 33,000 33,000 33,990 35,010 36,060 37,142 38,256 39,404 40,586 41,803 43,058 545100 Insurance 91,700 109,670 112,960 116,349 119,839 123,435 127,138 130,952 134,880 138,927 143,094 546200 Other Equip Svc & Repair 4,200 6,000 6,180 6,365 6,556 6,753 6,956 7,164 7,379 7,601 7,829 547100 Uniforms-Employee 13,600 15,100 15,553 16,020 16,500 16,995 17,505 18,030 18,571 19,128 19,702 547200 Travel Expense-Emp 6,750 6,750 6,953 7,161 7,376 7,597 7,825 8,060 8,302 8,551 8,807 547300 Mileage Reimbursement 400 400 412 424 437 450 464 478 492 507 522 547400 Meals-Employee 650 650 670 690 710 732 754 776 799 823 848 548000 Other Services Or Charges 1,000 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 550100 Office Supplies 4,000 4,000 4,120 4,244 4,371 4,502 4,637 4,776 4,919 5,067 5,219 550400 Operating Supplies & Matls 250,000 250,000 257,500 265,225 273,182 281,377 289,819 298,513 307,468 316,693 326,193 551500 Medical Supplies 1,000 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 552500 $750-5000 Mach & Equip 22,200 33,100 34,093 35,116 36,169 37,254 38,372 39,523 40,709 41,930 43,188 557100 Memberships/Subs/Lic Emp 2,840 3,120 3,214 3,310 3,409 3,512 3,617 3,725 3,837 3,952 4,071 557200 Officl Recognition-Emp 390 390 402 414 426 439 452 466 480 494 509 557300 Training & Ref Employee 18,050 20,230 20,837 21,462 22,106 22,769 23,452 24,156 24,880 25,627 26,396 540100 Garage Services 1,151,920$ 1,209,520 1,269,996 1,308,096 1,347,339 1,387,759 1,429,392 1,472,273 1,516,442 1,561,935 1,608,793 540300 Telephone Service Variable 1,800 1,890 1,985 2,044 2,105 2,169 2,234 2,301 2,370 2,441 2,514 540500 Radio Svc-Fixed 10,880 11,420 11,991 12,351 12,721 13,103 13,496 13,901 14,318 14,747 15,190 540600 Telephone Svc Fixed 1,310 1,380 1,448 1,492 1,537 1,583 1,630 1,679 1,730 1,781 1,835 540700 Postal Service 180 190 200 205 212 218 225 231 238 245 253 540900 Risk Mgmt Service 9,430 9,900 10,394 10,706 11,027 11,358 11,699 12,050 12,412 12,784 13,167 541000 Info Technology Charge 125,010 131,260 137,822 141,957 146,216 150,602 155,120 159,774 164,567 169,504 174,589 541100 Bldg & Maint Dept Svc Fx - - - - - - - - - - - 541500 Garage Variable 11,000 11,550 12,128 12,491 12,866 13,252 13,650 14,059 14,481 14,915 15,363 541600 Bldg & Maint-Variable - - - - - - - - - - - 541800 Administrative Charge 342,310 359,430 377,401 388,723 400,385 412,396 424,768 437,511 450,637 464,156 478,080 542000 Employee Benefits-Fixed 7,240 7,600 7,980 8,219 8,466 8,720 8,982 9,251 9,529 9,814 10,109 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX A BURTON & ASSOCIATES 18 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 One-Time Settlement with Core (2)-$ 1,300,000 - - - - - - - - - Total O&M Expenses 7,794,550$ 9,628,976 8,587,539 8,859,529 9,141,612 9,434,266 9,737,995 10,053,338 10,380,862 10,721,173 11,074,914 % of Budgeted O&M Assumed to be Executed 100%100%100%100%100%100%100%100%100%100%100% Projected O&M Cost to be Funded 7,794,550$ 9,628,976 8,587,539 8,859,529 9,141,612 9,434,266 9,737,995 10,053,338 10,380,862 10,721,173 11,074,914 Projected O&M Reduction from Budget - - - - - - - - - - - Transfers Out 01365 Eng-Stormwater Management 590200 Interfund Transfer (3)897,720$ 942,610 964,027 975,976 988,074 1,000,323 1,012,726 1,025,283 1,037,998 1,050,871 1,063,905 Total Transfers Out 897,720$ 942,610 964,027 975,976 988,074 1,000,323 1,012,726 1,025,283 1,037,998 1,050,871 1,063,905 Capital Outlay 02090 Pub Ser-Stormwater Util 564000 >$5,000 Machinery & Equip 40,610$ 24,500 25,235 25,992 26,772 27,575 28,402 29,254 30,132 31,036 31,967 Total Capital Outlay 40,610$ 24,500$ 25,235$ 25,992$ 26,772$ 27,575$ 28,402$ 29,254$ 30,132$ 31,036$ 31,967$ Bond/Debt Service Expenses Existing Senior Lien Debt Service 2,459,086$ 2,534,159 2,539,296 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 Short Term Debt Service Lease/Purchase Debt Payments (Existing Total)104,090 72,945 31,350 - - - - - - - - Cumulative New Short Term Debt Service (4)- 68,576 68,576 68,576 68,576 68,576 - - - - - Total Bond/Debt Service Expenses 2,563,176$ 2,675,680 2,639,222 2,609,372 2,615,727 2,626,607 2,548,441 2,544,224 2,587,571 2,592,425 3,054,988 % of O&M Assumed to be Executed 100%100%100%100%100%100%100%100%100%100%100% Total Expenditures 11,296,056$ 13,271,766 12,216,023 12,470,869 12,772,185 13,088,771 13,327,564 13,652,099 14,036,562 14,395,505 15,225,774 Projected O&M Reduction from Budget - - - - - - - - - - - (1) Reduction in Fee occurs in FY 2017 as a result of expiration of 3-year increase in fee for Sherwood Yard construction. (2) Pending legislative decision, the one-time settlement amount may be less than projected. (3) Interfund Transfers represent annual Payment In Lieu of Taxes (PILOT) payments, calculated as 5.5% of prior year operating revenues. (4) It is assumed in FAMS that $320,000 will be spent on unspecified future L/P projects in FY 2016 per documentation provided by City Staff. Each L/P project will be financed over a five year period at an annual cost of borrowing ranging from 1.5% to 2.5% FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL © Control Panel APPENDIX A BURTON & ASSOCIATES 19 City of Clearwater Utility & Governmental Economics Final Report Note: The Last Plan (green bars) represents the final results of the FY 2014 Stormwater RSA conducted by Burton & Associates. FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 0.00%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%FY 2020 FY 2025 0.00%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%6.43%13.29% 2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%2.75%0.00%14.52%31.15% 4.06 3.88 3.88 3.82 3.74 3.68 3.65 3.60 3.49 3.42 2.88 PS FY16 ►100% 3.99 3.91 4.01 4.12 4.22 4.37 4.50 4.64 4.78 4.93 0.00 OMV FY16 ►100% 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.20 1.15 1.20 OMF FY16 ►100% 48%169%169%169%100%100%100%100%100%100%100% 50%50%50%50%50%50%50%50%50%50%50% Monthly Bill:$14.15 $14.15 14.33 14.51 14.69 14.87 15.06 15.25 15.44 15.63 15.83 16.03 PILOT 5.5% $14.15 14.54 14.94 15.35 15.77 16.20 16.65 17.11 17.58 18.06 0.00 First Bond 2015 N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y NNC?N N N N N N N N N N N N Check -$ Interim Financing Revenue Bond Short-Term Financing FINANCIAL ANALYSIS AND MANAGEMENT SYSTEM (FAMS) SUMMARY Stormwater Rate Increases Last Plan Last Plan CIP Execution % ► Operating Reserve % ► Rate Covenant Min Coverage Req. Cumulative Change Override ► Last Plan 0 10 20 30 14 15 16 17 18 19 20 21 22 23 24 25Millions ($)Operating Fund Current Plan Last Plan Target 0 5 10 15 15 16 17 18 19 20 21 22 23 24 25Millions ($)Capital Spending Current Plan Last Plan 0 10 20 30 40 15 16 17 18 19 20 21 22 23 24 25Millions ($)Revenue Vs. Expenses Cash In Cash Out 0 10 20 30 15 16 17 18 19 20 21 22 23 24 25Millions ($)Long-Term Borrowing Current Plan Last Plan 0 10 20 30 14 15 16 17 18 19 20 21 22 23 24 25Millions ($)Interim Financing Current Plan Last Plan SAVE CALC FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Pro Forma APPENDIX A BURTON & ASSOCIATES 20 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Revenues & Expenses Revenue Subject to Rate Increases Stormwater Rate Revenue 17,165,316$ 17,165,316 17,379,882 17,597,131 17,817,095 18,039,809 18,265,306 18,493,623 18,724,793 18,958,853 19,195,839 Wtd. Average Proposed Rate Increase 0.00%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25%1.25% Rate Revenue from Rate Increase - 214,566 217,249 219,964 222,714 225,498 228,316 231,170 234,060 236,986 239,948 Total Rate Revenue Subject to Growth & Rate Increase 17,165,316$ 17,379,882 17,597,131 17,817,095 18,039,809 18,265,306 18,493,623 18,724,793 18,958,853 19,195,839 19,435,787 Plus: Other Operating Revenue 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 147,890 Total Operating Revenue 17,313,206$ 17,527,772 17,745,021 17,964,985 18,187,699 18,413,196 18,641,513 18,872,683 19,106,743 19,343,729 19,583,677 Less: Personal Services (3,062,820) (3,413,740) (3,531,285) (3,651,588) (3,777,433) (3,909,161) (4,047,137) (4,191,754) (4,343,430) (4,502,618) (4,669,803) Less O&M Expenses (4,731,730) (4,915,236) (5,056,254) (5,207,941) (5,364,180) (5,525,105) (5,690,858) (5,861,584) (6,037,432) (6,218,554) (6,405,111) Equals: Net Operating Income 9,518,656$ 9,198,797 9,157,482 9,105,456 9,046,086 8,978,930 8,903,517 8,819,345 8,725,881 8,622,556 8,508,763 Plus: Non-Operating Income/(Expense) Interest Earned On Fund Balances 468,178 627,245 701,265 594,997 491,392 438,121 390,798 341,898 296,362 238,910 295,504 Transfers In 3,595,424 3,056,251 - - - - - - - - - Total Non Operating Income 4,063,602$ 3,683,496 701,265 594,997 491,392 438,121 390,798 341,898 296,362 238,910 295,504 Net Income 13,582,258$ 12,882,292 9,858,747 9,700,453 9,537,479 9,417,051 9,294,316 9,161,244 9,022,244 8,861,466 8,804,267 Less: Transfers In (3,595,424) (3,056,251) - - - - - - - - - Net Income Available For Debt Service 9,986,834$ 9,826,041 9,858,747 9,700,453 9,537,479 9,417,051 9,294,316 9,161,244 9,022,244 8,861,466 8,804,267 Senior Lien Debt Service Coverage Existing Senior Lien Debt 2,459,086$ 2,534,159 2,539,296 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,545,550 2,539,857 2,553,776 Cumulative New Senior Lien Debt for Additional Borrowings - - - - - - - - 42,021 52,568 501,212 Total Senior Lien Debt Service 2,459,086$ 2,534,159 2,539,296 2,540,796 2,547,151 2,558,031 2,548,441 2,544,224 2,587,571 2,592,425 3,054,988 Senior Lien Debt Service Coverage 1.15 Req'd 4.06 3.88 3.88 3.82 3.74 3.68 3.65 3.60 3.49 3.42 2.88 Parity Test 1.20 Req'd 3.89 3.94 3.87 3.89 3.82 3.76 3.71 3.66 3.55 3.48 2.92 Net Income Available For Debt Service 9,986,834$ 9,826,041 9,858,747 9,700,453 9,537,478 9,417,051 9,294,315 9,161,244 9,022,244 8,861,466 8,804,267 Plus: Transfers In 3,595,424 3,056,251 - - - - - - - - - Less: Transfers Out (897,720) (942,610) (964,027) (975,976) (988,074) (1,000,323) (1,012,726) (1,025,283) (1,037,998) (1,050,871) (1,063,905) Less: Total Senior Lien Debt Service Existing Senior Lien Debt (2,459,086) (2,534,159) (2,539,296) (2,540,796) (2,547,151) (2,558,031) (2,548,441) (2,544,224) (2,545,550) (2,539,857) (2,553,776) Cumulative New Senior Lien Debt for Additional Borrowings - - - - - - - - (42,021) (52,568) (501,212) Less: Short Term Debt Service (104,090) (141,521) (99,926) (68,576) (68,576) (68,576) - - - - - Less: Capital Outlay (40,610) (24,500) (25,235) (25,992) (26,772) (27,575) (28,402) (29,254) (30,132) (31,036) (31,967) Net Cash Flow 10,080,752$ 9,239,502 6,230,263 6,089,113 5,906,906 5,762,546 5,704,747 5,562,482 5,366,543 5,187,134 4,653,406 Unrestricted Reserve Fund - Beginning of Year Balance 26,490,655$ 25,274,811 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 Plus: Cash Flow Surplus 10,080,752 7,939,502 6,230,263 6,089,113 5,906,906 5,762,546 5,704,747 5,562,482 5,366,543 5,187,134 4,653,406 Less: Projects Paid with Reserve Funds (Non Specified Funding)(11,296,596) (10,113,107) (10,424,431) (10,746,223) (7,148,355) (7,799,409) (7,515,036) (7,633,095) (7,266,827) (5,016,979) (4,476,536) Unrestricted Reserve Fund - End of Year Balance 25,274,811$ 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 5,537,457 Minimum Working Capital Reserve Target:6.00 Mos O&M 3,897,275 4,164,488 4,293,769 4,429,765 4,570,806 4,717,133 4,868,998 5,026,669 5,190,431 5,360,586 5,537,457 Excess/(Deficiency) Of Working Capital To Target 21,377,536$ 18,936,719 14,613,269 9,820,164 8,437,673 6,254,483 4,292,330 2,064,046 - - - FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 8 – Capital Projects Funding Sources APPENDIX A BURTON & ASSOCIATES 21 City of Clearwater Utility & Governmental Economics Final Report FINAL CAPITAL PROJECTS FUNDING SOURCES FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 04 BOND DS/REQ FUND 230/244 -$ - - - - - - - - - - 05 BOND DS FUND 277 - - - - - - - - - - - 12 BOND DS FUND 281 - - - - - - - - - - - 13 BOND DS FUND 282 - - - - - - - - - - - CAPITAL IMPR FUND 315 - - - - - - - - - - - RENEWAL & REPLACEMENT - - - - - - - - - - - COMMERCIAL PAPER PROCEEDS - - - - - - - - - - - SRF LOANS - - - - - - - - - - - REVENUE FUND 11,296,596 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,266,827 5,016,979 4,476,536 SRF PROCEEDS - - - - - - - - - - - DEBT PROCEEDS - - - - - - - - 692,342 3,298,364 4,093,617 PROJECTS DESIGNATED TO BE PAID WITH CASH - - - - - - - - - - - TOTAL PROJECTS PAID 11,296,596$ 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,959,169 8,315,342 8,570,153 TOTAL CIP INPUT 11,296,596 10,113,107 10,424,431 10,746,223 7,148,355 7,799,409 7,515,036 7,633,095 7,959,169 8,315,342 8,570,153 VARIANCE - - - - - - - - - - - FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 9 – Projection of Long-Term Borrowing APPENDIX A BURTON & ASSOCIATES 22 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Sources of Funds Par Amount $- - - - - - - - 764,010 - 8,157,167 Interest During Construction - - - - - - - - - - - Total Sources of Funds $- - - - - - - - 764,010 - 8,157,167 Uses of Funds Proceeds $- - - - - - - - 692,342 - 7,391,981 Cost of Issuance 2.50%of Par - - - - - - - - 19,100 - 203,929 Underwriter's Discount $0.00 per $1,000 - - - - - - - - - - - Bond Insurance 0 times total Debt Service - - - - - - - - - - - Capitalized Interest 0 Years Interest - - - - - - - - - - - Debt Service Surety 0.00%of Debt Service - - - - - - - - - - - Debt Service Reserve 1 Years of Debt Service - - - - - - - - 52,568 - 561,257 Other Costs Total Uses $- - - - - - - - 764,010 - 8,157,167 1 Year Interest $- - - - - - - - 42,021 - 448,644 Annual Debt Service $- - - - - - - - 52,568 - 561,257 Total Debt Service $- - - - - - - - 1,577,040 - 16,837,712 Cumulative New Annual Debt Service $- - - - - - - - 42,021 52,568 501,212 Interim Financing Section FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Balance as of 1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Utilize Interim Financing?9/30/2014 N Y N Y N Y N Y N Y Interim Financing Proceeds $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,298,364 Interest Payments 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $41,230 EOY Balance $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,298,364 PROCEEDS TO BE BOND-FUNDED $0 $0 $0 $0 $0 $0 $0 $0 $692,342 $0 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 10 – Projection of Short-Term Financing APPENDIX A BURTON & ASSOCIATES 23 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Term (Years)5 5 5 5 5 5 5 5 5 5 5 Interest Rate 1.50%2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% Sources of Funds Par Amount $- 323,232 - - - - - - - - - Interest During Construction - - - - - - - - - - - Total Sources of Funds $- 323,232 - - - - - - - - - Uses of Funds Proceeds $- 320,000 - - - - - - - - - Cost of Issuance 1.00%of Par - 3,232 - - - - - - - - - Underwriter's Discount $0.00 per $1,000 - - - - - - - - - - - Bond Insurance 0 times total Debt Service - - - - - - - - - - - Capitalized Interest 0 Years Interest - - - - - - - - - - - Debt Service Reserve 0.00%of Debt Service - - - - - - - - - - - Other Costs 0 Years of Debt Service - - - - - - - - - - - Total Uses - 323,232 - - - - - - - - - 1 Year Interest $- 6,465 - - - - - - - - - Annual Debt Service $- 68,576 - - - - - - - - - Total Debt Service $- 342,880 - - - - - - - - - Cumulative New Annual Debt Service $- 68,576 68,576 68,576 68,576 68,576 - - - - - FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 11 – Funding Summary by Fund APPENDIX A BURTON & ASSOCIATES 24 City of Clearwater Utility & Governmental Economics Final Report FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 REVENUE FUND BALANCE AT BEGINNING OF FISCAL YEAR 26,490,655$ 25,274,811 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 ADDITIONAL ANNUAL REVENUES 10,080,752 7,939,502 6,230,263 6,089,113 5,906,906 5,762,546 5,704,747 5,562,482 5,366,543 5,187,134 4,653,406 LESS: CASH-FUNDED CAPITAL PROJECTS - - - - - - - - - - - LESS: PAYMENT OF DEBT SERVICE - - - - - - - - - - - SUBTOTAL 36,571,407$ 33,214,314 29,331,470 24,996,152 20,156,834 18,771,026 16,676,363 14,723,809 12,457,258 10,377,565 10,013,993 LESS: RESTRICTED FUNDS (3,897,275) (4,164,488) (4,293,769) (4,429,765) (4,570,806) (4,717,133) (4,868,998) (5,026,669) (5,190,431) (5,360,586) (5,537,457) TOTAL AMOUNT AVAILABLE FOR PROJECTS 32,674,132$ 29,049,826 25,037,701 20,566,387 15,586,028 14,053,893 11,807,366 9,697,141 7,266,827 5,016,979 4,476,536 AMOUNT PAID FOR PROJECTS (11,296,596) (10,113,107) (10,424,431) (10,746,223) (7,148,355) (7,799,409) (7,515,036) (7,633,095) (7,266,827) (5,016,979) (4,476,536) SUBTOTAL 21,377,536$ 18,936,719 14,613,269 9,820,164 8,437,673 6,254,483 4,292,330 2,064,046 - - - ADD BACK: RESTRICTED FUNDS 3,897,275 4,164,488 4,293,769 4,429,765 4,570,806 4,717,133 4,868,998 5,026,669 5,190,431 5,360,586 5,537,457 PLUS: INTEREST EARNINGS 388,241 483,760 525,103 414,462 340,730 299,751 251,662 203,151 153,514 131,888 136,226 LESS: INTEREST ALLOCATED TO CASH FLOW (388,241) (483,760) (525,103) (414,462) (340,730) (299,751) (251,662) (203,151) (153,514) (131,888) (136,226) BALANCE AT END OF FISCAL YEAR 25,274,811$ 23,101,207 18,907,039 14,249,929 13,008,480 10,971,616 9,161,327 7,090,715 5,190,431 5,360,586 5,537,457 RESTRICTED RESERVES BALANCE AT BEGINNING OF FISCAL YEAR 1,375,313$ 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,427,881 1,427,881 ADDITIONAL FUNDS:- - - - - - - - - - - DEBT SERVICE RESERVE ON NEW DEBT - - - - - - - - 52,568 - 561,257 OTHER ADDITIONAL FUNDS - - - - - - - - - - - SUBTOTAL 1,375,313$ 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,427,881 1,427,881 1,989,138 PLUS: INTEREST EARNINGS 20,630 27,506 34,383 34,383 34,383 34,383 34,383 34,383 35,040 35,697 42,713 LESS: INTEREST ALLOCATED TO CASH FLOW (20,630) (27,506) (34,383) (34,383) (34,383) (34,383) (34,383) (34,383) (35,040) (35,697) (42,713) BALANCE AT END OF FISCAL YEAR 1,375,313$ 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,375,313 1,427,881 1,427,881 1,989,138 FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 12 – FY 2015 Stormwater User Fee Survey APPENDIX A BURTON & ASSOCIATES 25 City of Clearwater Utility & Governmental Economics Final Report $- $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00 $16.00 Clearwater Dunedin Pinellas County Safety Harbor St. Pete Beach St. Petersburg New Port Richey Tarpon Springs Largo Oldsmar Tampa Port Richey Clearwater Dunedin Pinellas County Safety Harbor St. Pete Beach St. Petersburg New Port Richey Tarpon Springs Largo Oldsmar Tampa Port Richey Stormwater Fee $14.45 $9.72 $9.67 $7.25 $7.11 $6.84 $6.45 $5.65 $5.32 $4.00 $3.00 $3.00 FY 2015 Comparative Stormwater Fee Survey FY 2015 STORMWATER REVENUE SUFFICIENCY ANALYSIS Schedule 13 – FY 2016 Stormwater User Fee Survey APPENDIX A BURTON & ASSOCIATES 26 City of Clearwater Utility & Governmental Economics Final Report Entity FY 2016 Action 1 Clearwater: 2.75% annual increases approved thru FY 17; conducting rate study Dunedin: 4.5% increase in FY 16 & FY 17, 3.5% in FY 18 & FY 19 Pinellas County: No increase planned for FY 16; future increases unknown Safety Harbor: No increase in FY 16; FY 16 Budget includes funds for rate study St. Pete Beach: Considering five-year plan to take fee from $7 to $14 per month St. Petersburg: No increases currently planned through FY 18 New Port Richey: No increases planned for near future Tarpon Springs: Burton & Associates is currently conducting a stormwater fee study. Largo: 25% increase proposed for FY 16; additional future increases anticipated Oldsmar: Future increases likely, but unknown Port Richey: No increase planned, but recognizes fee is low and needs adjustment Tampa: Potential increase in fee ranging from $3 to $15 Pasco County: Information regarding future increases not available Gulfport: No plans to increase rate over the next two years (1) Information gathered through research and inquiries as of June 2, 2015. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1570 Agenda Date: 8/20/2015 Status: City Manager ReportVersion: 2 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Authorize staff to submit a 2015/16 Florida Highway Beautification Council Grant (FHBCG) for the beautification of medians on Missouri Avenue from Court Street to Belleair Road, establish a new Capital Improvement Project, Missouri Avenue Median Beautification (315-93322), authorize a third quarter amendment transferring $190,000 from General Fund Reserves, and adopt Resolution 15-22. SUMMARY: The Florida Department of Transportation (FDOT) notified the City that the 2015/16 grant cycle for the FHBCG is now open and that draft applications must be submitted to FDOT by September 1, 2015. The City Council has recently discussed the possibility of expanding the beautification of medians on Missouri Avenue. FHBCG will fund 50% of the total project cost, including installation of a sprinkler system, cost of plant materials, labor to install plant materials, design fee, MOT (Maintenance of Traffic) and establishment period of one year. Staff is estimating that the total cost to provide beautification on the 11 Missouri Avenue medians is $377,465, or $34,315 per median. If the City is successful at obtaining the FDOT grant, the City’s portion of expenses will be 50% or, approximately $190,000. Funding for the City's match will be provided by a third quarter amendment transferring $190,000 from General Fund Reserves. The Resource Committee approved applying for the grant at their August 5, 2015 meeting. The City Council directed staff to apply for the grant at the August 17 work session. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: If approved, funding for the City's match will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $190,000 to Capital Improvement Project 315-93322, Missouri Avenue Median Beautification. A net total of $3,219,615 General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $20.2 million or 17.6% of the Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1570 current General Fund operating budget. Page 2 City of Clearwater Printed on 8/19/2015 Resolution No. 15-22 RESOLUTION NO. 15-22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within Department of Transportation rights of way should be maintained and attractively landscaped; and WHEREAS, Missouri Avenue serves as a main north/south thoroughfare in Clearwater; and WHEREAS, FDOT owns Missouri Avenue consisting of road improvements, medians and grassed areas abutting thereon located between Court Street and Belleair Road; and WHEREAS, the City of Clearwater desires to further improve Missouri Avenue through the installation of landscaping in its medians; and WHEREAS, the City Council of the City of Clearwater wishes to authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Clearwater and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater hereby authorizes the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Clearwater and the Florida Department of Transportation. Section 2. The City Clerk of City of Clearwater is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Council. Resolution No.2 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2015. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1600 Agenda Date: 8/20/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve an Extension and Clarification Agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. (Redflex), to extend the current Agreement for a two-year period, until October 30, 2017 and authorize the appropriate officials to execute same. SUMMARY: Redflex and the City entered into the EXCLUSIVE AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM on November 22, 2011 (the “Redflex Exclusive Agreement”), for the operation of two approaches at the intersection of Gulf to Bay Blvd. and Belcher Road and one approach at the intersection of South Fort Harrison Avenue and Chestnut Street. Since July of 2012, the Clearwater Police Department has operated a Traffic Safety Improvement Program that has utilized red-light-camera technology to improve traffic safety. The Redflex Exclusive Agreement contained two 2-year extensions, which automatically renewed unless the City provided notification of its intent not to renew. The current contractual relationship with Redflex was scheduled to automatically renew for the first 2-year extension on July 31, 2015. The parties, however, agreed to extend the Redflex Exclusive Agreement for 90 days so that the parties could renegotiate the terms of the first 2-year extension, while providing the City of Clearwater with the option of sending its written notice on or before September 15, 2015, of its intent not to renew. The Extension and Clarification Agreement between the City and Redflex eliminates any conceivable attack that the City’s red-light-camera program delegates to Redflex too much discretion whether a violation occurred and thus violates Florida law. Such an argument had been successfully made against the red-light-camera program of the City of Hollywood, Florida, when the Florida Fourth District Court of Appeal issued its opinion on October 15, 2014, in City of Hollywood v. Arem. At no point in the process from data collection at each approach where a red-light camera is located, to the issuance of a Notice of Violation, or to the issuance of a Uniform Traffic Citation will an employee of Redflex make any decision whether a violation has occurred; Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1600 any review by an employee of Redflex of the data collected at each approach will be for the purpose of entering all relevant Florida Department of Highway Safety and Motor Vehicles’ registration information into the Redflex System of the vehicular tag captured on the red-light camera. Additionally, Redflex will be expending additional money to install a radar mapping system at the east-bound approach located at the intersection of Chestnut Street and South Ft. Harrison Avenue and at the east-bound approach located at the intersection of Gulf to Bay Blvd. and Belcher Road; because of space limitations at the west-bound approach located at the intersection of Gulf to Bay Blvd. and Belcher Road, Redflex is unable to install radar detection at that approach. The radar mapping system will replace the road sensors currently located at those two approaches and will eliminate the downtime and road closures that occur when road sensors need to be repaired. The Extension and Clarification Agreement will obligate the City to reimburse Redflex for an amount not to exceed $25,000 related to the expenses incurred with the construction and installation of the mapping radar at the designated Intersection approaches if the City terminates the Agreement without cause. Within thirty (30) days of completion of construction of the mapping radar, Redflex will provide to the City the actual cost of construction and installation; costs will be amortized on a twenty-four (24) month schedule starting on the effective date of the Extension and Clarification Agreement. If the Florida Legislature enacts legislation repealing the statutory authorization for the City to operate a red-light-camera program, then the Extension and Clarification Agreement will automatically terminate upon the effective date of the legislation; and the City will not be obligated to pay the unamortized costs of the mapping radar, but will be obligated only to pay the amount owed to Redflex pursuant to EXHIBIT “D” of the Redflex Exclusive Agreement for services provided up to the effective date of the legislation. The police department and legal department recommend approval. There is no additional cost involved with the Redflex Extension and Clarification Agreement; however, the City will continue to reimburse Redflex the cost agreed upon in the Initial Agreement. Funds are available in the Police Department’s cost code 010-01139-530300-521, Contractual Services, to fund this contract extension. APPROPRIATION CODE AND AMOUNT: There is no additional cost involved with the Redflex Extension and Clarification Agreement; however, the City will continue to reimburse Redflex the cost agreed upon in the Initial Agreement. Funds are available in the Police Department’s cost code 010-01139-530300-521, Contractual Services, to fund this contract extension. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/19/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1575 Agenda Date: 8/20/2015 Status: City Manager ReportVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Appoint seven members to the Public Nuisance Abatement Board with terms to expire August 31, 2019. SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Nuisance Abatement Board TERM: 4 years APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 APPTS. NEEDED: 7 The Public Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO SERVE ON THE PUBLIC NUISANCE ABATEMENT BOARD WITH TERMS TO EXPIRE 8/31/19: 1. Gary H. Baker - 55 Rogers Street #402, 33756 - Attorney 2. Greg A. Brown - 1279 Bermuda St., 33755 - Production Assistant 3. Jennie Devoe - 111 N Lady Mary Dr. #8, 33755 - Bookkeeper 4. Jeffrey E. Feeley - 3301 San Domingo St., 33759 - Real Estate Investor 5. Jack J. Geller - 1860 N. Ft. Harrison Ave., Apt. 402, 33755 - Attorney 6. Leanne M. Grayston - 633 Bryant St., 33756 - HR Analyst 7. Carole Hayes - 2087 Edgewater Dr., Unit G., 33755 - Retired/BS Education 8. Charles W. Johnston (Chuck) - 1940 Algonquin Dr., 33755 - Retired/Business Management 9. Mary Ann Lane - 3030 Homestead Ct., 33759 - Clinical Social Worker 10. Kevin R. T. Laughlin - 1237 Rose Road, 33759 - Industrial Safety Training 11. Gregory Livingston Lord - 1640 Ridgewood St., 33755 - Retired/Teacher 12. John W. Martis - 2248 Willow Tree Trail, 33763 - Retired/Engineering 13. W. Bruce Miller - 1952 Clearview Lake Dr., 33755 - Retired/Management Page 1 City of Clearwater Printed on 8/19/2015 File Number: ID#15-1575 14. William Mooney - 1433 Laura St., Apt. A, 33755 - Retired/Lab Tech 15. Susan Oliveto - 100 Waverly Way #303, 33756 - English Teacher/Librarian 16. Nancy O’Neill - 1360 Druid Rd., 33756 - Restaurant Owner 17. Richard (Dick) L. Ruben - 1430 Gulf Blvd., #501, 33767 - Retired/Business 18. JoAnna Siskin - 121 N. Crest Ave., 33755 - Teller Manager 19. James Strobusch - 31 Island Way #807, 33767 - Retired/HR Management 20. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist Page 2 City of Clearwater Printed on 8/19/2015 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Gary H. Baker Home Address: 55 Rogers Street #402 Office Address: 2963 Gulf to Bay Blvd, Suite 100 -33759 Zip 33756 Zip 33756 Telephone: 727-642 -8946 Telephone: 727 -793 -0066 Cell Phone: 727-642 -8946 E -mail Address: ghbaker @garybakerlaw.com How long a resident of Clearwater? 1 1/2 years; >Palm Harbor 8 yr; >Clearwater Beach 1 year Occupation: Attorney Employer: Gary H. Baker, PA Field of Education: Other Work Experience: Law All work experience has been taw related If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Board Preference: Additional Comments: Signature:Gary H. aker See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. v...wr. b, Gory H Boxer of 004 304607 D04 41 29 Lapp p5 ei. Date: 07/04/2015 Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits DPF;aAL RECOWS LEGISlATiVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To conduct hearings regarding public nuisance claims, which at this time are primarily regarding claims of prostitution and drug related activities on properties in Clearwater. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have observed board meetings, but not Public Nuisance Abatement Board 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Clearwater is my home. I reside in downtown Clearwater on the West end of the City and my office is on Gulf to Bay on the East end of the City. I am an attorney and I have a clear understanding of due process, hearing procedures and protocol. I am fair, and I am not associated with any parties likely to cause my disqualification. I do not practice in the areas of criminal law, zoning or and use. 4. Why do you want to serve on this Board? would like to be more active in and more responsible for the inner - workings of Clearwater. I want to help make my City even greater, and I believe that with my experience I can play a role in improving the quality of life for my fellow residents. Name: Gary H. Baker Board Name: Public Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Greg A. Brown Home Address: 1279 Bermuda St. Clearwater,fl Zip 33755 Telephone: 727 - 458 -9724 Cell Phone: 727-458-9724 How long a resident of Clearwater? 16 Years Occupation: Production Assistant Office Address: 1279 Bermuda st. Clearwater,Fl Zip 33755 Telephone: 727 - 458 -9724 E -mail Address: indyhair @hotmail.com Field of Education: High School Diploma -GSHS 1986 Musicians Institute 1989 -1991 Employer: Self/ Live Nation/ AEG Other Work Experience: I have worked my whole career as a Full time Musician tour manager /production manager. If retired, former occupation: Community Activities: Cub Scouts, Outdoor Concerts and Help at My sons' School Activities. Other Interests: Making Clearwater Beautiful Again. Board Service (current and past): Board Preference: Additional Comments: Since being a Home Owner in Clearwater, I want to help make Our Neighborhoods and This City a Beautiful, Safe and Nurturing Environment for Our Kids and Our Residents. And to help to do my part for this Community. Sign Date: r ' See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note; For boards requiring Clearwater residency this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To determine if Properties within the city are, or becoming a nuisance and to determine if action is to be taken against the Property Owner or Resident of that Property. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Just being in the community and wanting to do my part to Better it. My experience dealing with people over the years have given me a chance to see all aspects of life and living and I think this Board is a important part of our everyday life. And I would like to Help serve Clearwater. 4. Why do you want to serve on this Board? feel that what this Board does is Very Important to the Safety and Productiveness of Our Neighborhoods and I want to do all I can as a resident to make sure Our neighborhoods are Safe.And Being on this Board 1 will do everything I can to be Fair and serve the Community. Name: Greg A. Brown Board Name: Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name:Jennie Devoe Home Address: Office Address: 111 N Lady Mary Dr # 8 600 Cleveland St Suite 1110 Zip 33755 Zip 33755 Telephone:727- 422 -2020 Telephone:727- 422 -2020 Cell Phone: 727- 422 -2020 E -mail Address:blackbeltjennie@gmail.com How long a resident of Clearwater? 7+ years Occupation: Bookkeeper Employer:AutoLoop Field of Education: Other Work Experience: BAS Technology Management If retired, former occupation: Community Activities: CERT Other Interests: Clearwater Community Garden Board Service (current and past): Board Preference: Public Nuisance Additional Comments: Signature: Date: HO/5— See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits" E Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limas OFFICIAI. RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Hold hearings regarding public nuisance issues with regards to drugs and prostitution in known areas. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Concerned citizen. Able to calmly look at a situation to see if there is a real issue instead of assuming guilt. 4. Why do you want to serve on this Board? Seems like I'm a good fit. Name: Board Name: uI L C 1/1C-e Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Home Address: Office Address: i ‘at_ 1 L Zip 37 S9, Zip Telephone: 7 2 7 j-4- Telephone: Cell Phone 1 j a3C) [ OR E -mail Address: How long a resident of Clearwater? 5 -4 NC_52._ 1 p.L Occupation:POL_6 7} TL 1 N (..-Zr'' s ' Employer: __Kk/ Field of Education: Other Work Experie ce: V.A. J ' Vd i t CG veury2aciA 1 riltiL crNstATC a1 ccSS Rcil L) e ft) If retired, former occupation: Cv iT)Th 3,' t1IA L DC C Community Activities:M }r* C)2 SSA %G1 d fc : rte, C flr W Chelec Other Interests: I II Board Service (current and past): Board Preference: P‘ Additional Comments: -I. hA 0 C c 1- `,'N 5 z cy1 t2 L k = ' ) (s /}/..) (9_ ,A tg4 erg cAyi /4 Signat re: ,, Date: ki \ L., \ ; iG' See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 2( BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1,:szoci,q7cd (404- pie:lc,' T1 \--drt )1 cy), ir,{ \--4 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? N0 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 1-1 r 1' 1-k ({U1' t t AAO A) 11)elt11t I. An) 3 Lor fc St AiVT c4re__ or ( ' r w', ri 9 'f -bv k-) c; t (6 *CV- Cyrr.ACS L76 hoJV0ti A 1" m cvrl(z/0 (( G ('reCT(v iT S,(04,( (<411-A LetA 0 "g0i C vi.c)(4.1 01 nol‘Wi 2 L;S;A"ce‘ VJ ) C ok ICJ 5 ItA01 4)Wlyk- docnt)ant toosserve on this Board? "11 krniut-- pZeOt C) rrT tc j 'hnt,9E bNcj hi_ 6 c›C vcAutik) bL1 N W a to i 4 et-t- JcC' rA 140 nr m4rf ' t,i ild(Gy2 boil) c. 4) -7sc1" k1 sc.)( 1 <4 JL,T- Board Name:U 44 -in S11-10C2 .A17)H ?L.•wr•, A(zi) CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: Jack J. Geller Home Address: Office Address: 1860 N. Ft. Harrison Avenue, Apt. 402 1253 Park Street. Suite 200 Clearwater, FL Zip 33755 Clearwater, FL Zip 33756 Telephone: (727) 785 -9987 Telephone: (727) 210 -2533 Cell Phone: (727) 432 -5544 E -mail Address: jack@harperkynes.com How long a resident of Clearwater? 10 years Occupation: Attorney Employer: Harper, Kynes, Geller. Greenleaf & Field of Education: Other Work Experience: Frayman, P.A. Legal If retired, former occupation: Community Activities:, Career Source Pinellas. Early learning Coalition. Clearwater Jazz Force Other Interests: Board Service (current and past): Board Preference: Charter Review Committee Nuisance Abatement Board Additional Comments: Signed: 11111011111b " disclosure at time of appointment. Please returnSeeattac1stforboardsthatrequirefinancialdipp this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Date: 71/4- i/ 3 Note: For boards requiring Clearwater residency. this application must be accompanied by a copy of one of the following: P VE D Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits 9 2E15DeclarationofDomicilefiledwiththecityclerkaffirmingresidencywithincitylimitsJULL C. m'6C F C Ds AND LECO-411VE s `'J dart BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? Provide for hearings and enforcement of Nuisance Abatement Ordinance. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 38 years of legal practice in the business community and service on various Community and Civic Boards. 4. Why do you want to serve on this Board? Provide the service that the City has outreached for and to continue giving back to the Community. Name: Jack J. Geller Board Name: Nuisance Abatement CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Leanne M. Grayston Home Address: Office Address: 633 Bryant St., Clearwater, FL 11351 Ulmerton Rd., Suite 311 -K Zip 33778 Zip 33778 Telephone: 724- 766 -1648 Telephone: 727-518 -3202 x 5533 Cell Phone: same as above How long a resident of Clearwater? 12 years E -mail Address: leanne.grayston @gmail.com Occupation: Human Resources Analyst Employer: State of Florida DVA Field of Education: Cultural Anthropology, Religious Studies, Women's Studies - BA Other Work Experience: Sempermed USA; Teamstaff Rx; United HealthCare Cultural Anthropology - MA University of British Columbia (Vancouver, BC, Canada) If retired, former occupation: N/A Community Activities: Clearwater Citizens' Academy Graduate Other Interests: Surfing, skateboarding, running, cleaning up my neighborhood (trash pickup) Board Service (current and past): Board Preference: None Nuisance Abatement Board Additional Comments: I know that there are few, if any, board positions available at the moment, but I feel my professional skills and acquired knowledge make me particularly suited to serve on this board. igitally sign. by Leanne M. Grayston ;a 7/9/2015Signature: on.zo,=.o,osz3z Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 1$ Aisa 5 VCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? It is my understanding that the board is convened pursuant to F.S. § 893.138(4) to hear complaints regarding the nuisances described in F.S. § 893.138(2) and (3). The board has power to adopt rules; subpoena respondents, witnesses, evidence, records, or other material relevant to the proceedings. It wit also hear complaints and conduct public hearings regarding such complaints. Finally, the board the board shall issue findings of fact based upon the evidence presented and make part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I have seen many board meetings on C -View. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have worked for several years in a quasi -legal capacity for the Florida Department of Veterans' Affairs assisting with appeals hearings with the U.S. Board of Veterans Appeals. I understand the limitations of evidence as well as testimony proceedings. I am also a human resources analyst, bound by the strictest rules of confidentiality, already under oath to comply to all applicable sections of Chapter 112, Part III, Florida Statutes, Code of Ethics for Public Officers and Employees. Both my personal and professional experience make me uniquely suited to serve. 4. Why do you want to serve on this Board? I live in a Clearwater neighborhood in which I often witness violations of F.S. § 893.138(2) and (3). I have done my best to be responsible about reporting these violations and feel that I might gain an even deeper understanding of how to work legally to halt the issues I repeatedly see. It is my opinion that these types of crimes are perpetual, never to be eradicated. However, that does not mean that our community should avoid the effort to halt them. I approve wholeheartedly of a focus on reforming "places" rather than repeatedly punishing people. It seems a more logical effort. I'd be proud to be a part of that. Name: Leanne M. Grayston Board Name: Public Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: 24,L-E yEs Home Address: if 0_J2.ai LAS a Zip J3 7 Telephone: (IS) r 449 8`48`4 Cell Phone: (7,,,/7) 4, 4. jl'i'5 Office Address: Ai Zip Telephone: E -mail Address: How long a resident of Clearwater? J-C) i/ it Occupation: /t L (I''R. Emp oyer: P, nr° l i , ltt Field of Education: Other Work Experience: v a 4-t ael #t d IL_ ; r co-di-25 P 4 (Da co jcO -7 / MS s Le n r ( • . fdR k SCI : ) If retired', former occupation: ; ... Community Activities - 4 Other Interests: RuiJ, n cl4ai k.,•nc k,,:4,1 S Board Service (current an past): Board Preference: Ai H ta dditional Comments: rArtoe v`co • do 110116P el 605 kr (1)z (4yUffriA6ssc7., n o4i,1, P 1A By",c i, Signature: Date: '. id • lc- See attached list for boards that r ire financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits r ED Declaration of Domicile filed with the city clerk affirming residency within city limits C FFICJ ORDS AND LEGISLATiVE 211a DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 5 5140•4 n d&_el T__1) i e V ) nom, U 1- &4r n • c»1 Fab/ 10-- sail oe, 0_cc5FoJo j U 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? rc a-a.1.--J 4;h Omar itaa. i ko s r 4:., 6PIQr-1s r in 011.0 J. . 9 /4 ' 11 4r retc_h trcah)e 54 44)1 D n5 4. Why do you want to serve on this Board? 4 5r!Sr c t na_1A id r re_., c•-"4 En ' y 3Qr an 73 Is oictrcl- `6 I nz 4^ d y- @i mmu Y) Name: Board Name: .14)1 je. 1 cc.tS ec A b°-0%0 350.4Q-, CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name; Charles W. Johnston (chuck ) Home Address: Office Address: 1940 Algonquin dr. Clearwater Zip33755 Zip Telephone: Telephone: Cell Phone:727- 678 -5017 E -mail chuckjohnstonl7(o)yahoo.com How long a resident of Clearwater 8 years Occupation:Retired Field of Education: Businesses management Employer: Other Work Experience: All levels of Management for 49 years If retired, former occupation:Quality Control Manager.for Defence Company G.D. Overseas Community Activities:President / Publicity Director for Clearwater Horseshoe CIub.Life membership V.F.W. American Legion Member Other Interests.Golf. Board Service (current and past): Board Preference: Nuisance Abatement Law Board Additional Comments: I have worked many years with the Military, both State as,and foerign government. JUL 08 Signature:/174 Date:7 -8 -2015 CMCiAL, RECORDS AND LEGISLATIVE S VCS DEPT See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To meet with city council members and law enforcement, to review and chart repetive habitual complaints, by time ,day,and offense, and evaluate and recommend alternative methods, or actions to the establishment in order to deter on going criminal activity. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? lhave been to several meetings and have presented information about sport activities,and on going tournaments and the visitors to are club from other states ,which generate revenue to the communitv 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I was the Ethics manager for over 6 years for a major defense contractors in Egypt. After retiring I worked for Dillards in security.My job was to monitor 8 cameras and report any visual theft to store security personell I know how important it is to plot adequate information as far as occurances,time ,day of the week and dvd recording. I know a lot about the law as my youngest son now has 14 years of service as a patrolman in Michigan 4. Why do you want to serve on this Board? The experience would help me to consider applying for other future board positions Name: Charles W. Johnston Board Name:Nuisance Abatement Law board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Cl earwater resident) Name: f Pk/ € / /n/"),J Home Address: Office Address: 0 3D Worn, 1,/ , g/ pi, 9 6 Zip 9”1' Zip Telephone: '2 i — 0 (., - <%' ' Telephone: Cell Phone: ?11 H— 3 3 Ti E -mail Address: How long a resident of Clearwater? 55 Ai cc, / 'Y' Occupation: G (I •t _c S °6-4 (A)64-- Employer: 11/M L ar ^)S Field of Education: If retired, former occupation: Community Activities: Other Work Experience: L,, 4() .k VA S;N - rig? a - (4 - 0 11 +(tt( rr-12/ C0 u Other Interests: k G <lb(Jl €Q > C l.J Board Service (current and past): S _ 7 `7 a c)-- L -- I) I- - _ / 0 /f5) US l -e--k" 1- %X C` z Board Preference: t-- 1 J I SQ -r'- - -`'SL .; 0 Additional Comments: Signature Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits' =" - Declaration of Domicile filed with the city clerk affirming residency within city limits 10 O.1=iCi.A. RECORDS AND LEG SLAT IVE S VCS DEPT BOARD QUESTIONNAIRE 1. What is yyoo r understanding of the board's duties and responsibilities? p()-vu 5 e(_e_-p6- a ( ()L,,,c-L 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? / rt r c- (a-Q tp-rilk-c( ,.=f2 Jr 0,a A/6==r U u 4. Why do you want to serve on this Board? ) 3 I s„- y .e. Name: J Board Name: I 5f2-± yam_ ,, ; CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Kevin R T Laughlin Home Address: 1237 Rose Road Office Address: Zip 33759 Zip 33759 Telephone: Telephone: Cell Phone: 727- 422 -1269 E -mail Address: kevin @breezeworks.us How long a resident of Clearwater? 2 Years (formerly Belleair) Occupation: Industrial Safety Training Employer: Breezeworks Services, Inc. Field of Education: Business Other Work Experience: Property Management Education Marina Management If retired, former occupation: Community Activities: Clearwater Country Club, Local Politics Other Interests: Boating, Billiards, Golf, Community Theatre Board Service (current and past): Board Preference: Nuisance Abatement Board Marine Advisory Board Additional Comments: My job entails industrial equipment training and jobsite hazard assessment. High communication skills and attention to detail. Signature: Kevin R T Laughlin oa,,zoKS ®°r3 asa, aroo, sam °K'° Date: July 13, 2015 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits 7cr , Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 13 201J OFFICIAL RECORjS AND LFrnAITVE S RVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To meet periodically to hear evidence of certain illegal activities and to seek abatementof these activities. Specific properties in the gateway areas have forced the creation of this board. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have attended Clearwater, Largo and County board meetings over the last decade, as well as reviewed them on C -View. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I am an Industrial Safety Trainer specializing in heavy fork and man lifts for the last 12 years. Communication skills and attention to jobsite safety are the core for completing the training. I have owned two different properties along the Clearwater /Largo Rd corridor over the last decade and witnessed first hand problems identical to the Gulf -to -Bay situations. Drugs, prostitution and vagrancy are still present in many locations. 4. Why do you want to serve on this Board? have an interest in becoming more active in my city and county governments. Clearwater is to portal to our beaches and can be cleaned up to reflect what a good city it is. Name Kevin R T Laughlin Board Name: Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Gregory Livingston Lord Home Address: 1640 Ridgewood Street Office Address: N/A Zip 33755 Zip 33755 Telephone: (727)442 -5076 Telephone: N/A Cell Phone: (727)243 -9799 E -mail Address: gregory_lord ©yahoo.com How long a resident of Clearwater? I was born here - 68 years Occupation: Retired Employer: N/A Field of Education: B.A. in History, Master's degree in Exceptional Education Other Work Experience: N/A If retired, former occupation: Teacher Community Activities: Just retired - joined the Long Center, but no others at the moment. I have attended the Citizens Police Academy. Other Interests: taking classes at SPC, reading, gardening, bee keeping Board Service (current and past): Board Preference: none Nuisance Abatement Board Additional Comments: Signature: Date: - (r-1 S See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits m' Declaration of Domicile filed with the city clerk affirming residency within city limits u 2015 07FI iA! RECORDS AND LE s f iVr SFVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Problem areas in the city will be addressed by the Nuisance Abatement Board after the police and city officials have tried to correct the issues, but have not been successful. The NAB will be able to fine such businesses while working towards a satisfactory conclusion. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I watched a couple of meetings years ago and attended a couple of zoning meetings. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? First of all, I have lived here my entire life so I feel that I have quite a bit of background knowledge about our city. I am an intelligent, well educated person who is committed to making our surroundings safer and family - friendly for all. There are "hot spots' that need to be addressed, and hopefully this board can provide a legal way to put pressure on those in violation of the law with the intent of fixing the problem, as well as serve as a determent to others. 4. Why do you want to serve on this Board? Now that I am retired, I have the time to give to various groups. Working towards something that will benefit everyone is important to me Name: Gregory Livingston Lord Board Name: Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: John W. Martis Home Address: Office Address: 2248 Willow Tree Trail Zip 33763 Zip 33763 Telephone: 727 - 724 -9307 Telephone: Cell Phone: 727- 480 -1792 E -mail Address: How long a resident of Clearwater? 30 Yaers Occupation: Retired Field of Education: Engineering Employer: Other Work Experience: If retired, former occupation: Stormwater design engineer for Hillsborough Co. Community Activities: I was a doscent for the Dunedin Historical Center Other Interests: I am an artist and a member of the Studio 1212 Art group. Board Service (current and past): Board Preference: None Additional Comments: Signature:,- Date: 7/9/15 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limitsjjF71...: Jl. Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limit? o O PICK,!, i CC; DLEGISLATIVESVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? It is my understanding that the board is to review public nuisance cases related to criminal activity and make a determination as to whether the property owner knew about it and should be fined. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? I have been to county commission meetings. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I worked for Hillsborough County for 20 years and dealt with the public on many issues and think I could provide a fair and just response. 4. Why do you want to serve on this Board? I have lived in the Clearwater area since 1955 and have unfortunately witnessed some of the decline in my community. This is why I would like to step forward and make a difference. Name: tz f;).>v 1'V /1/kg !-S Board Name: /&'(-CrON>C- (IX 1 -10A "7 Av?"__91) CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: g:(). igrtiGe Mae r Home Address: 952 CIe4r v /eiv 2 tik'e fl . Zd67 rer Zip 35755' Telephone: 7v7 7- yy 1-7/ / Cell Phone: 72 7 - 9s" Office Address: Zip Telephone: E -mail Address: How long a resident of Clearwater? /7 ylf Occupation: /gQ 7'i C Employer: Field of Education: Other Work Experience: If retired, former occupation: /774tie7e 22ei/7 Community Activities:fT ' ierey/c%rv7 aF /.1 c if e67'ri r /44p /t) Je Other Interests: 6 / fi/ti1, L a wa/ Jail)/ Uh T /c)" - / 57ee/ A', / r weld /ewe %See. DA; ,4,a rc Board Service (current and past): y/1J 4e Pmt r ,4 /di s ,er/ /yr 14reS, ylc Board Preference: PuM 4),s4v« , ethreri/e /1/7- Additional Comments: 6/we(/'re C' /7rze/vs /1cG.hm/ /D/ e45 5 2 6V2,5-, Signature: ". & Date: 7- See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 0 e $ :LA ;,a iltcOki.Y3 wiN 2CISL i SZICS DEPI BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? neerdeo/// c c7 karr.Pi i LW /0 I/ /V 4e C4S0'5 iiviiw %/7y e/r47 s G.va erb 5 Ti7'v7 " /av c ?i!/ /7165 zzi1 Le4'r/..?4,7"er. / /ce X11 Dre,58 t// cases T® 7f P 604 a 7 72 t 717/Z'€ je rhi ©y" ,ro7 7e' FrJv e 7ie "re/err /e1 all,' 2. Have you ever observed a board meeting either in person or on C- /View, the City's TV station? wCs r liec% C.h I// .)c7/ 11 1 J 6 41° Arfr T i'-c/v/Sor/ hoor4 J7//`5 0/2) J (y/' G. 5 C /a / /' ry/ail • 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? / j9 ye 6ee, e5/deN7 of /V7 / / 4%1 a.d Jo /ea rvi&u> A5.ic. L /vas tic 6,4edee' /T` F/4. ,L44eai .7-e`i /4",er ®ter 4if adder ' yrr, id5eN % 91V my 7Ie La r te/ [(J rec -ro/`S r ixw./1 joiditi7 611,4 7 ve4 S t r df' a v r L c- /I e ASsac. 4. Why do you want to serve on this Board? X) d r f GL /U G/ /"O.S 7;7-u-11 4,..0 GUe le e.f.) res 4(5 Fd% 7 67/ Y7 For L ly] 1e . /4-2.7,e Z . l'GtIIJ f%%Grk A -er Board Name:/,J% Noi_5' e A/c e /447 e, r I Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Jj//,4 ( must be Clearwater resident) A r-i /1/ ©o Al Home Address: Office Address: 11/ 3 A),9- ST . Alrr 6% U rgArR c1F}=l el), /- L Zip 3 3 7 5) Zip Telephone: % 1 `i - L-1(1(.. 3 / Telephone: Cell Phone: E -mail Address: CLLJA -ZY AJZL 0Naiiyw.,'T by How long a resident of Clearwater? ti 3 S Y(.7- ‘‘ 1'- Occupation: 1?--C-T7 RC 13 Employer: Field of Education: Other Work Experience: L/9-b /A /0 ilh e: A CAL) '1 ;LE7 -03 /'PA'l l .p7-4L j /40(16.-7 If retired, former occupation: L1=}8 7 ECN- Community Activities: Other Interests: COMP LrrERS) % ,q-L rST1T1 Board Service (current and past): Board Preference: Additional Comments: Z. o'c) /A7 C?4 7IA7 ‘ (33/i) Signature: / ` Date: 7/ 0.c/ See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits REC VET. Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 6a Li ddY'ufiebtii RECORDS AND LEGSLA16 lfi: SR CS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? re, No0cr/AJG lie--1421A16 oo Pub 41.6 'UVJ.sf1-1JCI : f'4- 1L77cu6 Ti o S C b 4,h6 to Tti Q 2 O CAS P4 os> /7- 0 po 7-X 2 6 0 6 n- 00 7- C z <A-P 60A-7-Et I re_ 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? v'= L NE A I N 71I<:r q-S> e2A--r1P1 Fe 2 /II 36 Ye A-2S) PRA-c Ti cALLv N TI/C /hill ( or 41 g ti p,2aS7-1 r o770'63 ,t) 7'/Zi PLC5( A Ivy NA V & /f Pra To L eA-L -IAJ Ti* boa L,1, -VLIS r M ccA 00 Ti ft7 77 A4 & Ct 7 iVC /-/-4 S 6 oa l_.1 =,tJ f1 U E -6 4 fi'L SC (4c-rIv /7,--1 4. Why do you want to serve on this Board? 6 m0NTi/'-S iO t E MT f PrR rliTC l C C' fr ". ?1):S7 , % rY 1c1 tqC7 c11 !/ y 0 uJ ,V NE7 c/-460P Hoc) (I fFFoAT T CL6A-lu U P r/;r- ttvs77 Tu TES 1 P/ S v 7-1-) ue , E /l-IJ a hid d A s v 7-771A--/- I CA 1 Ho,ee'r cic,c y' l v Nice- prop .iHCR 4-, _ lecrp tiCCS © CLC Wiil" OLcoA Name: I/1 A- n 00 "C7: Board Name: AIV)5A -a1c 1% / AR-7V-in C4 Y CITY OF CLEARWATER - APPLICATION FOR-ADVISORY BOARDS must be Clearwater resident) Name: Susan Oliveto Home Address: Office Address: 100 Waverly Way #303, Clearwater, FL 100 Waverly Way #303,- Clearwater, FL Zip 33756 Zip 33756 Telephone: 727 - 415 -5634 Telephone: 727-415 -5634 Cell Phone: 727-415 -5634 E -mail Address: soliveto @tampabay.rr.com How long a resident of Clearwater? For the past 13 years (2002- 2015), and growing up (1970 -1982) Occupation: English Teacher /Librarian Employer: Pinellas County Schools Field of Education: B.S. Fine Arts, New College, FL B.A. English Education, USF Other Work Experience: I taught English for 5 years in Hungary. If retired, former occupation: Community Activities: Volunteer at my daughter's high school, (Clearwater H.S.) and for the City of Clearwater parks clean up, etc. Other Interests: Reading, health and fitness Board Service (current and past): Board Preference: I have no previous experience serving on a city board, however, I do have experience working on committees in my role as a Pinellas County School teacher. Nuisance Abatement Board Additional Comments: I read last Friday's Clearwater Times and saw that they are looking for Clearwater residents to serve on . newly formin! . ance Abatement Board and I am very interested in this local initiative. A'I .+. r /ft Date: 07 -05 -2015Signatur See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits RECEUED Declaration of Domicile filed with the city clerk affirming residency within city limits 06: OFFICt .i. iiECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Participate in hearings that will assist local law enforcement in dealing with local businesses that are repeatedly cited for, and have become magnets for prostitution, illegal drugs, and other criminal activity. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I have watched an occasional city board meeting on the city TV station. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? As an educator, I have over 25 years experience working with a diverse community of both parents and students. I have spent the last two years as a member of Pinellas County School's Lead the Learning Cadre assisting with the transition to the Florida Core Standards. I am also a. member of my School Based Leadership Team as well as the chairperson for my school's Literacy Team. 4. Why do you want to serve on this Board? I have lived in the Eastern Gateway District of Clearwater for the past thirteen years, and I would love to become a part of the solution that works to reduce the very visible daily crime in this area. The Eastern Gateway has the potential to be one of Clearwater's shining stars that is safe for both residents and tourists to navigate through rather than avoid. Name: Susan Oliveto Board Name: Susan Oliveto Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Home Address: 360 leca c[ ii_ zip 33-)SL Telephone:____ 7— G%®. — / 7 V 1 Cell Phone: How long a resident of Clearwater? 3 S Occupation: ,S7:9L4 •44- /- Field of Education: i u v o ! ci t C cl Office Address: /1/ac./ 74c- lfh ' /i /t4/-7, c- 700 E/d i 4 zip Telephone: 72:7— y —37 / E -mail Address: A6(-/77 / \ten 9?/S S 7J1cD If retired, former occupation: Community Activities: tYKinlx c - 'DP 6 Other Interests: c ^9, o Employer: Other Work Experience: n AGE n Lgdr ?Si) Board Service urrent and past): VA/ st,;.1a Additional Comments: !)S s Board Preference: r CLL hcam% 1 Q (4-1 c c mac --I 5ov vouyNc i-•1 inc.55 0'l 417 C- Signature: Date: 12 = J See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city lirpitg 0 3 2015 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT RECEIVED BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? h6/, 11 L ,,!' ILw, M v v„ I C` 5 - f-, - n S — YJ G etc i/ o n S Con eoc 1/1V1CLA a u z47,1r4,0CL._t/t4 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? OYN 1v & v1 0 C(0_5 o rS 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? aw Cf 1DU5 vi e--55 Ok.K3 o-c•/ I Tow 14-)-0 Old 7C(1 (-Ay-cc, 1 Pi-v vP 1 ( -Y",,c) I C.v+n v z v1/4/ i 0 'vic. w 1 -i-C'' ' ) L G-fS 64,0i 1ti ci 00, ; ki 'r_ki C.." V to _—V. i vuou id k Vc v4-* c4cLik I vl, 4s okcA)Ccin c-e V4--c_ t,,-f . 4. Why do you want to serve on this Board? V c , s l -frb pe-vs,:,, +LS-. s a Sr.-k ,C- S -- vi-t- av d ( k, I-F- : --4,s i(e ,— . i 04,50 i oAk- k for c__ d vCe_4 —)0. -, Ccf 1 1 ic-- --tb s°C v.is cC, t o G v16- OL) b41 Name: OCO" Li 4 Lk', l I A-.\-4-r_ 1,10.,--Ir--- Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Richard (Dick) L. Ruben Home Address: 1430 Gulf Blvd. #501 Office Address: none Zip 33767 Zip 33767 Telephone:727-595 -2736 Telephone: Cell Phone:727- 403 -6032 E -mail Address: How long a resident of Clearwater ?24 years Occupation: retired Field of Education: College (Business) Employer: Other Work Experience: If retired, former occupation: Branch Manager Ford Motor Credit Corp. (25 years) CommunityAct V t e $ Past President d tie Sand Key ClAc Assoc., Co-chaired Beads Renourishment Committee f°3 -'g7). Founding member Sand Key Patrol! (Clearwater Police°, Director Clearwater Parks and Recreation, Pinellas Shoran, Dept Finger Pontir • Other Interests: Landscaping, Shell Art Board Service (current and past): Board Preference: South Beach 11 (past director) SKCA (past president & other board positions) Dlearwatm Perks and Reneation ( 1 dimdor Red Cr (pst board member Girl Smuts ((p° 1 rd member), National Federatlon of, Additional Comments:' bawalways bee indedinmmma °'"adrviasid bee and nK °ns d To be considered as a member of the Nuisance Abatement Board. we am from) and wish to t» ins d in this new challenge facing the dry. Si naturI / 9 Date: July 6, 2015 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits 7r4rn rip Declaration of Domicile filed with the city clerk affirming residency within city limits UL U tw-J 0:7101-U. fe CO ANDJf-EE ?1rS4. L4jIV"L STaCS BED BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? the -Clearwater times. put It rather bluntly: It is vital Mat we enforce a crackdown on suspected crime magnets.. If necessary we should make examples showing that the law must be adhered to, simply put "enough is enough.. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? lye attended many board meetings, especially during the period fallowing the "no name storm ". I co-chaired the beach renounshment committee C93 -9]). Nso attended as otter Issues faced he community on Sand Key. I testified numerous times to the cry cannot representing the SKGA in makings M/,/LO EMEAM'S oN $AdD %v T' A42,wNa 77,irr AV Y• d':D.tJ5 1,7 ey, 5're#0.7 <Afit,74 W IDEA' 4 -D trAiOer+B/Zoc'.(jD N7'G/7 /Et. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I've been in management and community service ter over 40 years and had a start of over 50 employees. I believe in being a good listener and bang fair - "patience is golden" but also knowing when ifs lime to draw the line and take action. 4. Why do you want to serve on this Board? When moving to Clearwater. I considered it a priority to gel involved. rm no different that most citizens. We can no longer tolerate 59515 without stepping in to do something about R All l can promise is it appointed, I will do my utmost to make any and all improvements available to us through the 5000 of ry /.s 6-./ /Aw' d Ad°, v.e coin da,T7. Name: Richard L. Ruben Board Name: Nuisance Abatement Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: JoAnna Siskin Home Address: 121 N. Crest Ave. Zip 33755 Telephone: 727 442 -0096 Cell Phone: 727 643 -2409 Office Address: 1617 Gulf to Bay Zip 33755 Telephone: E -mail Address: Jsiskin @usameribank.com How long a resident of Clearwater? 42 years Occupation: Teller Manager Employer: USAmeriBank Field of Education: Other Work Experience: Business Office Manager for Industrial Wire Rope Co. Massage Therapist If retired, former occupation: Community Activities: President of Skycrest Neighbors, member of the East Gateway Business & Neighbor Ass. Member CNC, past officer, former police volunteer Other Interests: Gardening,Biking,reading Board Service (current and past): S.A.G (Stakeholders Advisory)East Gateway Greenprint Board Preference: Nuisance Abatement Board Additional Comments: Signature: Date: 17/7//C See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards rewiring Clearwater residency, this application must be accompanied by a coon of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits , Declaration of Domicile filed with the city clerk affirming residency within city limits„ =- ' JUL O „:._.: FiECCZ.3 AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board would be another tool to help bring properties in to compliance that have numerous calls for service that involve drugs and prostitution etc. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have served on the Greenprint Board, and was also an original member of the SAG (East Gateway). I am president of my neighborhood association, and head of the neighborhood watch. My neighborhood borders one of the city's most problematic areas, so I am very familiar with the problems and issues this board would address. 4. Why do you want to serve on this Board? I believe I can help make a positive difference for our city. Name: JoAnna Siskin Board Name: NUISANCE' ABATEIENT BOARD CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: James Strobusch Home Address: 31 Island Way #807 Zip 33767 Office Address: Zip 33767 Telephone: Telephone: CeII Phone: 727- 902 -4411 E -mail Address: How long a resident of Clearwater? 6.5 years Occupation: Retired Employer: JCPenney Field of Education: Other Work Experience: Bachelor's Degree Criminal Justice Human Resource Manager Master's Degree Guidance & Counseling If retired, former occupation: Human Resource Management Community Activities: Valspar Golf Tournament Volunteer, Sugar Sand Festival Volunteer Other Interests: Board Service (current and past): Board Preference: Additional Comments: Currently Horizon House Co -Op Board Member (Treasurer) James Strobusch 001,1y eignap ° Signature: Dale. MI5 07OB 037 a00 Yom,. Date: 07 -06 -2015 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits fi_LL Declaration of Domicile filed with the city clerk affirming residency within city limits JO L 0 7 2015 LEGISLATIVE S ,:VCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? A seven member board will hold hearings with property owners. The board will determine compliance with the city nuisance abatement law. The board will have the authority to fine a business for non - compliance. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? No 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have 28 years of experience in the Human Resources field that dealt with compliance to company policies and procedures on a daily basis. At JCPenney we had a peer review board that reviewed employee terminations. I was responsible for presenting the company's position in these situations & unemployment hearings. 4. Why do you want to serve on this Board? would like to give back to my community in a way that will enhance the Clearwater experience for our residence and the visitors to our community. Name: James Strobusch Board Name: Nuisance Abatement board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Michelle Thomann - Ramirez Home Address: Office Address: 10 S. Keystone Dr Zip 33755 Zip 33755 Telephone: Telephone: Cell Phone: 727 - 507 -1207 E -mail Address: michelletramirez @gmail.com How long a resident of Clearwater? 1.5 yrs Occupation: Art Educator /Artist Field of Education: BFA M.ED Employer: Self Other Work Experience: Public schools as teacher, substitute and after school programs with at risk youth, adults with disabilities. Fine art instructor for private programs. If retired, former occupation: Community Activities: Sugar sands volunteer, Second chance for strays volunteer 101 graduate. Other Interests: arts and healing, community building through the arts, woman and girls at issues Board Service (current and past): Board Preference: Nuisance abatement Parks and Recreation Community development Additional Comments: Signature r._ w4/ 7rz ' Z`` ' Date: 7/11/15 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits RECEIVED JUL 13 UTICIAL RECORi s AND LEGISLATIVE SRVCS DEPT 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To gather and asses information that will help guide un compliant landlords to better manage their properties in the Clearwater neighborhoods. To give them input on how to manage and find tenants that are responsible for their actions. To asses which properties need help. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, on T.V 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have a background in education and art so it is a perspective from seeing students who struggle and how their home life affects them. I have lived in lower to middle income neighborhoods and have personally had to navigate a uncaring landlord in my former home. It became a drug house. I also see that as a community we need to reach out to help people who may feel it is out of their control. 4. Why do you want to serve on this Board? I want to become more involved with community choices, to see that all people are considered and their unique situations. I believe my input may be of value in that I know that all things may not be what they seem. I also believe when we try to navigate people that they resist and can help with solutions that are positive and helpful to everyone involved. Name: Board Name: