02/29/2016Monday, February 29, 2016
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
February 29, 2016Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
3. Economic Development and Housing
Endorse the application for Project Atlas and commit the City of
Clearwater to provide local financial support (Local Match) of ten
percent of the eligible tax refund upon certification by the State of
Florida Department of Economic Opportunity (DEO) and adopt
Resolution 16-03.
3.1
Endorse the application for Project Sweetooth and commit the City of
Clearwater to provide local financial support (Local Match) of ten
percent of the eligible tax refund upon certification by the State of
Florida Department of Economic Opportunity (DEO) and adopt
Resolution 16-01.
3.2
Amend the Business Maintenance and Continued Performance
Agreement with Instrument Transformers, Inc. and authorize the
appropriate officials to execute same. (consent)
3.3
Amend the Economic Development Ad Valorem Tax Exemption for
Instrument Transformers, Inc. and pass Ordinance 8882-16 on first
reading.
3.4
4. Finance
Approve the purchase of excess property insurance, including Boiler
and Machinery and Terrorism coverages, from April 1, 2016 to April 1,
2017, at the level of insurance provided for in this agenda item, at an
amount not to exceed $1,600,000; approve locking in the property rate
of $0.247878 per $100 of values for an additional year, through April 1,
2018; and authorize the appropriate officials to execute same. (consent)
4.1
Approve blanket purchase orders (contracts) for clothing purchases and
uniform rentals to DesignLab and Cintas, respectively, for the annual
amounts and renewal terms cited, and authorize the appropriate officials
to execute same. (consent)
4.2
5. Parks and Recreation
Ratify and confirm the City Manager’s approval of a purchase order (ST
112567) to Young Money Touring Inc. of Santa Monica, CA for
$110,000 in order to secure a contract for the performance by Lil Wayne
at Wild Splash to be held in Coachman Park on March 5, 2016.
(consent)
5.1
Page 2 City of Clearwater Printed on 2/25/2016
February 29, 2016Council Work Session Work Session Agenda
Approve a purchase order (contract) to Construction Manager at Risk,
Keystone Excavators, Inc., of Oldsmar, Florida in the amount of
$230,039.98, which includes a 10% contingency, for site work and
construction of a parking lot associated with Veteran’s War Memorial at
Crest Lake Park and authorize the appropriate officials to execute same.
(consent)
5.2
6. Engineering
Approve the First Amendment for Term Extension for the Countywide
ATMS/ ITS Traffic Signal Interlocal Agreement and authorize the
appropriate officials to execute same. (consent)
6.1
Approve a work order to Engineer of Record (EOR) King Engineering
Associates, Inc. in the amount of $427,200 for Kapok Terrace - Sanitary
Sewer Expansion Project (15-0036-UT) and approve amendment 1 with
Florida Department of Environmental Protection (FDEP) for the
increased amount of $250,000 for the construction of sanitary sewer
expansion program; and authorize the appropriate officials to execute
same. (consent)
6.2
7. Planning
Accept the annual report on the status of development agreements.
(WSO)
7.1
8. Marine & Aviation
Approve the Fourth Amendment to the lease agreement dated
September 17, 2012 by and between the City of Clearwater, Florida
(Lessor) and the Marina Cantina, LLC, (Lessee),and authorize the
appropriate officials to execute same. (consent)
8.1
9. Official Records and Legislative Services
Appoint one member to the Nuisance Abatement Board with term to
expire February 28, 2020.
9.1
10. Legal
Amend Section 27.06, Code of Ordinances, to extend the installment
payment period for special assessments from not more than ten years
to not more than twenty years, and pass Ordinance 8845-16 on first
reading.
10.1
Page 3 City of Clearwater Printed on 2/25/2016
February 29, 2016Council Work Session Work Session Agenda
Adopt Ordinance 8821-16 on second reading, annexing certain real
properties whose post office addresses are 2118, 2142 and 2166 Bell
Cheer Drive, Clearwater, Florida 33764 into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
10.2
Adopt Ordinance 8822-16 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
2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida 33764, upon
annexation into the City of Clearwater, as Residential Low (RL).
10.3
Adopt Ordinance 8823-16 on second reading, amending the Zoning
Atlas of the city by zoning certain real properties whose post office
addresses are 2118, 2142 and 2166 Bell Cheer Drive, Clearwater,
Florida 33764, upon annexation into the City of Clearwater as Low
Medium Density Residential (LMDR).
10.4
11. City Manager Verbal Reports
Clearwater Beach Marina Parking Plan - Eric Wilson, Parking Manager
and Mike Quillen, Engineering Director
11.1
Tourist Development Council funding request for Ruth Eckerd Hall11.2
12. City Attorney Verbal Reports
13. Council Discussion Item
Policy Regarding Infrastructure Work that May Impact Traffic -
Councilmember Hamilton
13.1
Spring Break - Councilmember Hamilton13.2
Positive discussion on transportation alternatives - Councilmember
Jonson
13.3
Resolution supporting establishing a maintenance budget partnership to
enable Florida Department of Transportation installed landscaping
within the right-of-way at overpasses on US 19 - Councilmember Jonson
13.4
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
15. Closing Comments by Mayor
16. Adjourn
Page 4 City of Clearwater Printed on 2/25/2016
February 29, 2016Council Work Session Work Session Agenda
17. Presentation(s) for Council Meeting
Newspaper in Education Week Proclamation - Sue Bedry, Newspaper in
Education and Florida Press Educational Services
17.1
Clearwater for Youth Scholarships/Awards - Dawn Daugherty,
Chairperson CFY Scholarship Committee
17.2
Youth Arts Month Proclamation - Beth Daniels, President Clearwater
Arts Alliance
17.3
Calvary Church Day Proclamation - Pastor William Rice17.4
Page 5 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2148
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Endorse the application for Project Atlas and commit the City of Clearwater to provide local
financial support (Local Match) of ten percent of the eligible tax refund upon certification by
the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 16-03.
SUMMARY:
The Florida Legislature created Florida Statute, Section s .288.106 to encourage the growth of
Florida’s high-wage, value-added employment. This program is commonly known as the
Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise
Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax
refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections
s.288.075 and s.288.106, the applicant requests certain information, including the name of the
company, remain confidential until such time as is required under statute or desired by the
applicant. Project Atlas is the alias name of the applicant company.
This Resolution provides a commitment of the City to support the QTI Program, which
provides a performance -based incentive. The incentive is negotiated in advance of Project
Atlas commitment to expand its operations in the City of Clearwater. It does not guarantee
payment until such time as the terms of the contract made between DEO and Project Atlas
are met, subject to limitations described below.
QTI Program Description
The QTI Program works as an inducement to encourage companies to locate or expand in
Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in
Florida has been made at this time. The incentive may not exceed that which is requested in
the application.
As required by the QTI Program, the Project Atlas expansion will increase the Company ’s
employment in Florida by greater than ten percent and, as evidenced by staff ’s economic
impact analysis the proposed new jobs will make a significant economic contribution to the
area economy.
Description of Project
Project Atlas is seeking State, County and City inducement to expand operations and to
create additional jobs in the City of Clearwater. The Company projects to add 12 jobs over one
year beginning in 2016. Project Atlas job creation schedule is as follows:
PhaseNumber of net new full-time equivalent Florida jobs created in the business unit Date by
which jobs will be created
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2148
I 12 12/31/2016
Total 12
Below are the types of jobs expected to be created by this manufacturing company:
Business Unit Activities 6 Digit NAICS Code(s)Project Function Annualized Wage ($)
Electronic Manufacturing 334419 67%$43,750
Management/Admin Support 561110 33%$64,500
Average Wage 100%$49,340.00
Average wages of all new jobs created by Project Atlas is to be no less than $49,340, which is
115% of the Statewide Annual Average Wage as published by Enterprise Florida on January
1, 2015.
QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30)
for a period of four years. If approved by DEO, Pinellas County and the City of Clearwater, the
applicant will receive a refund for each new job created in the City of Clearwater. The QTI
Program allows for a refund of eligible taxes paid that will equal a maximum of $3,000 per new
job created and $2,000 for the DEO High Impact Sector Bonus. Eighty percent of this award is
provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater
and ten percent from Pinellas County. Therefore, the maximum Local City of Clearwater
Match award per new job created is $1,500 for a total Local Match of $6,000.
Payment Schedule
Disbursement of the Local Match is spread over a period of four years. Twenty-five percent of
the Local Match is paid out over a four -year period for each phase in which the jobs are
created. The schedule is as follows:
PHASE# JOBS ELIGIBLE AWARD MAX OF 25% / YR FY16-17 FY17-18 FY18-19 FY19-20
I 12 $60,000 $1,500 $1,500 $1,500 $1,500 $1,500
TOTAL 12 $60,000 $1,500 $1,500 $1,500 $1,500
The payment schedule is subject to the applicant continuing to meet all eligibility criteria which
is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon
verification, the DEO requests the Local Match disbursement check from the City up to the
maximum yearly allowed amount. The DEO then provides the disbursement to the applicant.
Conditions of Limitation & Termination
During the term of the agreement, the Local Match may be lowered under the following
conditions:
·If in any year the applicant does not achieve the job creation schedule but achieves at
least eighty percent of the required new jobs, the company will receive a pro -rated
refund less five percent penalty of the schedule award amount for that year.
·If the total of the eligible taxes paid by the company is less than the maximum eligible
refund amount awarded, the Local Match will be reduced on a pro -rated basis. The
refunded amount will not exceed the amount of eligible taxes paid by the company.
The Local Match may be eliminated under the following conditions:
·If job creation falls below 80% of the required jobs, the company will not receive a
refund and will be terminated from the program.
Page 2 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2148
·If the average wage falls below $49,340, the company will not receive a refund and will
be terminated from the program.
APPROPRIATION CODE AND AMOUNT:
The Fiscal Year 2016-2017 funding is currently available in special program 181-99846,
Economic Development - QTI. Future year funding will need to be allocated during the City ’s
annual budget process.
USE OF RESERVE FUNDS:
N/A
Page 3 City of Clearwater Printed on 2/25/2016
Page 1of 2
QUALIFIED TARGET INDUSTRYTAX REFUND PROGRAM
WITH CASH LOCAL FINANCIAL SUPPORT
PROVIDED BY TWO OR MORE LOCAL ENTITIES
RESOLUTION NUMBER 16-03
A RESOLUTION BY THE GOVERNING BOARD OF THE CITY
OF CLEARWATER,FLORIDA,THE CLEARWATER CITY
COUNCIL, RECOMMENDING PROJECT ATLAS,BE
APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS
PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING
FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVEDBY THE GOVERNING BOARD OF THE CITY OF
CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,as follows:
WHEREAS, the business under consideration is an electronics manufacturing
business, specifically,Project Atlas;and
WHEREAS, Project Atlas is located/or intends to locateinthe City of
Clearwater, Florida; and
WHEREAS, Project Atlas has been identified as a Target Industry Business;
and
WHEREAS, Project Atlas plans toexpand operations and to create additional
jobs in the City of Clearwater. The Company projects to add 12 jobs over one year beginning in
2016; and
WHEREAS, City of Clearwaterhereby acknowledges that local financial support
of 20%of the total tax refundof $60,000is required under the provisions ofs.288.106, Florida
Statutes,governing the State’s Qualified Target Industry Tax Refund Program(QTI); and
WHEREAS, Pinellas County hasagreedto participate in the provision of local
financial support by committing$6,000,which is 10% of thetotalrequired QTI local financial
support;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,that the
Board hereby recommends Project Atlas be approved as a Qualified Target Industry Business
pursuant to s.288.106,Florida Statutes.
BE IT FURTHER RESOLVED, that the Governing Board of the City of
Clearwater, Floridahas determined the basis of this project’s average private sector wage
commitment calculationshall be115%of the statewide average annual wageeffective January
1, 2015.
Page 2of 2
BE IT FURTHER RESOLVED,that the necessary cash commitment of local
financial support for the Qualified Target Industry Tax Refund Program exists for Project Atlas
in the amount of $6,000, which is10%of the total required QTI local financial support, andthat
thisamount will be made availablein accordance with the guidelines set forth by the
Department of Economic Opportunitywith the stipulation that these funds are intended to
represent the "local financial support" required by s.288.106, Florida Statutes.
This resolution shall take effect immediately upon its adoption.
DULY ADOPTEDBY THE GOVERNING BOARD OF THE CITY OF
CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,this ____day of
____________,2016.
ATTEST:
CITY OF CLEARWATER, FLORIDA
Countersigned:
_______________________By: ____________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form:Attest:
______________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
STAMP AND SIGNATURE OF NOTARY
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2149
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.2
SUBJECT/RECOMMENDATION:
Endorse the application for Project Sweetooth and commit the City of Clearwater to provide
local financial support (Local Match) of ten percent of the eligible tax refund upon certification
by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution
16-01.
SUMMARY:
The Florida Legislature created Florida Statute, Section s .288.106 to encourage the growth of
Florida’s high-wage, value-added employment. This program is commonly known as the
Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise
Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax
refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections
s.288.075 and s.288.106, the applicant requests certain information, including the name of the
company, remain confidential until such time as is required under statute or desired by the
applicant. Project Sweetooth is the alias name of the applicant company.
This Resolution provides a commitment of the City to support the QTI Program, which
provides a performance -based incentive. The incentive is negotiated in advance of Project
Sweetooth’s commitment to expand its operations in the City of Clearwater. It does not
guarantee payment until such time as the terms of the contract made between DEO and
Project Sweetooth are met, subject to limitations described below.
QTI Program Description
The QTI Program works as an inducement to encourage companies to locate or expand in
Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in
Florida has been made at this time. The incentive may not exceed that which is requested in
the application.
As required by the QTI Program, the Project Sweetooth ’s expansion will increase the
Company’s employment in Florida by greater than 10% percent and, as evidenced by staff ’s
economic impact analysis the proposed new jobs will make a significant economic contribution
to the area economy.
Description of Project
Project Sweetooth is seeking State, County and City inducement to expand operations and to
create additional jobs in the City of Clearwater. The Company projects to add 12 jobs in one
year to be created by December 31, 2016. Project Sweetooth job creation schedule is as
follows:
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2149
PhaseNumber of net new full-time equivalent Florida jobs created in the business unit Date by
which jobs will be created
I 12 12/31/2016
Total 12
Below are the types of jobs expected to be created by this manufacturing company:
Business Unit Activities 6 Digit NAICS Code(s)Project Function Annualized Wage ($)
Manufacturing 311930 50%$35,000
HQ Administration 551114 50%$72,500
Average Wage 100%$53,750
Average wages of all new jobs created by Project Sweetooth is to be no less than $49,340,
which is 115% of the Statewide Annual Average Wage as published by Enterprise Florida
effective January 1, 2015.
QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30)
for a period of four years. If approved by DEO, Pinellas County and the City of Clearwater, the
applicant will receive a refund for each new job created in the City of Clearwater. The QTI
Program allows for a refund of eligible taxes paid that will equal a maximum of $3,000 per new
job created plus $2,000 per new job for DEO High Impact Sector Bonus. Eighty percent,
$48,000, of this $60,000 award is provided by the State of Florida, with a Local Match of ten
percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the
maximum Local Match award per new job created is $6,000 for City Local Match of $6,000
and $6,000 for Pinellas County Local Match.
Payment Schedule of Local Match
Twenty-five percent of the Local Match is paid out over a four -year period for each phase in
which the jobs are created. The schedule is as follows:
PHASE# JOBS ELIGIBLE AWARD MAX OF 25% / YR FY16-17 FY17-18 FY18-19 FY19-20
I 12 $6,000 $1,500 $1,500 $1,500 $1.500 $1,500
TOTAL $1,500 $1,500 $1,500 $1,500
The payment schedule is subject to the applicant continuing to meet all eligibility criteria which
is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon
verification, the DEO requests the Local Match disbursement check from the City up to the
maximum yearly allowed amount. The DEO then provides the disbursement to the applicant.
Conditions of Limitation & Termination
During the term of the agreement, the Local Match may be lowered under the following
conditions:
·If in any year the applicant does not achieve the job creation schedule but achieves at
least eighty percent of the required new jobs, the company will receive a pro -rated
refund less five percent penalty of the schedule award amount for that year.
·If the total of the eligible taxes paid by the company is less than the maximum eligible
refund amount awarded, the Local Match will be reduced on a pro -rated basis. The
refunded amount will not exceed the amount of eligible taxes paid by the company.
The Local Match may be eliminated under the following conditions:
·If job creation falls below 80% of the required jobs, the company will not receive a
refund and will be terminated from the program.
Page 2 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2149
·If the average wage falls below $49,340, the company will not receive a refund and will
be terminated from the program.
APPROPRIATION CODE AND AMOUNT:
The Fiscal Year 2016-17 funding is currently available in special program 181-99846,
Economic Development - QTI. Future year funding will be allocated during the City ’s annual
budget process.
USE OF RESERVE FUNDS:
N/A
Page 3 City of Clearwater Printed on 2/25/2016
Page 1of 2
QUALIFIED TARGET INDUSTRYTAX REFUND PROGRAM
WITH CASH LOCAL FINANCIAL SUPPORT
PROVIDED BY TWO OR MORE LOCAL ENTITIES
RESOLUTION NUMBER16-01
A RESOLUTION BY THE GOVERNING BOARD OF THE CITY
OF CLEARWATER,FLORIDA,THE CLEARWATER CITY
COUNCIL, RECOMMENDINGPROJECT SWEETOOTH,BE
APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS
PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING
FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVEDBY THE GOVERNING BOARD OF THE CITY OF
CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,as follows:
WHEREAS, the businessunder consideration is aninternational headquarters
and manufacturing business, specifically,Project Sweetooth;and
WHEREAS, Project Sweetooth is locatedinthe City of Clearwater,Florida; and
WHEREAS, Project Sweetooth has been identified as a Target Industry
Business;and
WHEREAS, Project Sweetooth plans toexpand operations and to create
additional jobs in the City of Clearwater. The Company projects to add 12 jobs over one year
beginning in 2016; and
WHEREAS, CITY OF CLEARWATER hereby acknowledges that local financial
support of 20% of the total tax refundof $60,000is required under the provisions ofs.288.106,
Florida Statutes,governing the State’s Qualified Target Industry Tax Refund Program; and
WHEREAS, PINELLAS COUNTY has agreedto participate in the provision of
local financial support by committing$6,000,which is 10percentof thetotalrequired QTI local
financial support;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
THE CITY OF CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL,hereby
recommends Project Sweetooth be approved as a Qualified Target Industry Business pursuant
to s.288.106,Florida Statutes.
BE IT FURTHER RESOLVED, that the GOVERNING BOARD OF THE CITY OF
CLEARWATER, FLORIDA, THE CLEARWATER CITY COUNCIL, has determined the basis of
this project’s average private sector wage commitment calculationshall be115%of the
statewide average annual wageeffective January 1, 2015.
Page 2of 2
BE IT FURTHER RESOLVED,that the necessary cash commitment of local
financial support for the Qualified Target Industry Tax Refund Program exists for Project
Sweetooth in the amount of $6,000,which is 10 percent of the total required QTI local financial
support, andthat thisamount will be made availablein accordance with the guidelines set forth
by the Department of Economic Opportunitywith the stipulation that these funds are intended to
represent the "local financial support" required by s.288.106, Florida Statutes.
This resolution shall take effect immediately upon its adoption.
DULY ADOPTEDBY THE GOVERNINGBOARD OF THE CITY OF
CLEARWATER,FLORIDA,THE CLEARWATER CITY COUNCIL, this ____ day of
_______________, 2016.
ATTEST:
CITY OF CLEARWATER, FLORIDA
Countersigned:
_______________________By: ____________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form:Attest:
______________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
STAMP AND SIGNATURE OF NOTARY
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2163
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.3
SUBJECT/RECOMMENDATION:
Amend the Business Maintenance and Continued Performance Agreement with Instrument
Transformers, Inc. and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Business Maintenance and Continued Performance Agreement (BMCPA) with Instrument
Transformers, Inc. was approved by Council on March 10, 2014. The First Amendment to the
BMCPA provides changes in the exemption period to Tax Year 2016 through Tax Year 2025
and the term to be in force through December 31, 2026.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2164
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.4
SUBJECT/RECOMMENDATION:
Amend the Economic Development Ad Valorem Tax Exemption for Instrument Transformers,
Inc. and pass Ordinance 8882-16 on first reading.
SUMMARY:
Ordinance 8524-13 was passed on second reading on December 19, 2013, approving an
Economic Development Ad Valorem Tax Exemption (ED AVTE) for Instrument Transformers,
Inc. for Tax Year 2014 through Tax Year 2023.
Ordinance 8882-16 amends the exemption period to Tax Year 2016 through Tax Year 2025
and amends the sunset date to end of Calendar Year 2026 allowing the company to receive
the maximum value of the exemption following completion of the project in November 2015.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 2/25/2016
Ordinance 8882-16@Bcl@640650a0
ORDINANCE NO. 8882-16
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 8524-13 WHICH APPROVED AN
EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR
INSTRUMENT TRANSFORMERS, INC.;AMENDING THE EXEMPTION
PERIOD; AMENDING THE SUNSET DATE;PROVIDING FOR
SEVERABILITYAND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE ITORDAINED BY THE CITYCOUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1.That Section 1(b)(3) of Ordinance 8524-13 is hereby amended to
read as follows:
That an Economic Development Ad Valorem tax exemption shall be
approved for Instrument Transformers, Inc.–Tax year 2016 through Tax
year 2025 as provided herein:
*****
(3)The Instrument Transformers Ad Valorem Tax Exemption shall be
for aperiod of ten (10) taxyears(the “Exemption Period”),
commencing with Tax Year 2016 through Tax Year2025. The
Instrument Transformers Ad Valorem Tax Exemption is conditioned
upon the Company entering into an agreement with the City stating
that it shall remain in compliance with Section 29.207of the Code
throughout the Exemption Periodas well as the Business
Maintenance and Continued Performance provision of the
CompanyApplication. Should the Company fail to comply with
Section 29.207 of the Codeor the Business Maintenance and
ContinuedPerformance provision of the CompanyApplication,the
Council mayrevoke the Instrument Transformers Ad Valorem Tax
Exemption and recover any taxes exempted during the Exemption
Period pursuantto Section 29.208of the Code.
*****
Section 2. That Section 1(d) is hereby amended to read as follows:
(d)Sunset Date.
Ord XXXX-16 Instrument Transformers, Inc, -ED AVTE2 Ordinance 8882-16
The Instrument Transformers Ad Valorem Tax Exemption shall be in effect
through Calendar Year 2026, at which time this ordinance shall
automatically sunset and no longer be in force and effect.
Section 3.If any provision of this article or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the invalid
provision or applications. To this end, the provisions of this article are declared
severable.
Section 4.The provisions of this Ordinance shall become effective
immediately uponadoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________By:__________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2166
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the purchase of excess property insurance, including Boiler and Machinery and
Terrorism coverages, from April 1, 2016 to April 1, 2017, at the level of insurance provided for
in this agenda item, at an amount not to exceed $1,600,000; approve locking in the property
rate of $0.247878 per $100 of values for an additional year, through April 1, 2018; and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Risk Management Division of the Finance Department requested Arthur J. Gallagher and
Co. (Florida) to obtain quotes for the property insurance program expiring April 1, 2016. Per
the quotes obtained, Risk Management is recommending that the City continue with its current
coverage of a $60 million wind limit with a maximum out-of-pocket deductible for hurricane
damage and flood loss of $5 million and a $60 million flood limit. The self-insured retention
(SIR) would remain at $100,000 per occurrence, with a 5% SIR for named storms up to the
maximum deductible of $5 million. This $5 million deductible is a strong feature of this
program due to the current soft market, available beginning with last year’s renewal.
The City currently has a stand-alone policy through Zurich that it first obtained in April 2012 to
insure three city bridges, Sand Key Bridge, Mandalay Channel pedestrian bridge and the
McMullen Booth pedestrian overpass. The bridge policy has a self-insured retention (SIR) of
$100,000 per occurrence, with a $500,000 SIR for named storms, and provides an additional
$47 million of aggregate windstorm/flood/terrorism capacity that would otherwise be applied to
the $60 million limit for the City's property insurance program. Zurich provided a three-year
rate guarantee in April 2012 that they extended for an additional two years, through April 1,
2017. City staff will seek to either extend or replace the bridge program when it expires.
The proposed renewal program includes Terrorism - Property and Liability coverage limits at
$25 million for property damage and $10 million for liability. The program also provides
Nuclear, Biological, Chemical & Radioactive Terrorism coverage with limits of $3 million. The
renewal program also provides a total-limit increase from $50 million to $100 million for
Equipment Breakdown coverage.
Improvements were made to the property program sub-limits, which include the following:
·Errors & Omissions - Increased from $2 million to $10 million
·Mold, Fungus, Wet or Dry Rot - Increased from $500,000 to $1 million
·Expediting Expense - Increased from $1 million to $5 million
·Extra Expense - Increased from $5 million to $25 million
·Miscellaneous Unnamed Locations - Increased from $2.5 million to $5 million
·Reduced Minimum Deductibles for Named Wind and Flood - From $500,000 to
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2166
$100,000
In addition, an option was provided to the City to lock in the proposed property rate for the
2017-2018 policy term. The property rate provided this year is the lowest property rate the
City has seen since prior to the 2005 hurricane season.
Total premiums in the first year of the two-year program are estimated to be $1,550,838.31.
This represents a decrease of $187,394.16 (10.8%) from last year's program cost. Staff
recommends adding a contingency bringing first year program cost to a not-to-exceed amount
of $1,600,000.
This program, combined with the abovementioned bridge program, represents a premium rate
of $0.238 per $100 of values. The rate for the property program alone (not including bridges,
terrorism and boiler & machinery) is $0.247878 per $100 of values (Property Rate). In past
years, the City has negotiated this rate annually; however, at this time, the City has the option
to lock the Property Rate for an additional year (through April 1, 2018). The Risk
Management Division recommends locking in at this rate for the additional year to take
advantage of this historically low rate. The Risk Management Division will be required to
resubmit the City’s statement of values prior to the second year of the program. While the
rate will remain the same in the program’s second year, the total premium may increase due
to property acquisition, new construction, replacement-value increases, etc. The additional
year with the locked Property Rate is subject to certain contingencies including the following:
the City’s loss ratio will be required to be less than 40%, have no material changes in
exposures, and the carrier must not have any loss or material change of their treaty
reinsurance in order to maintain the same rate for the 2017 renewal.
Risk Management believes that the recommended coverages will continue to cover the City's
property risks at levels and rates which, when taken together as a whole, represent a
reasonable insurance program for the City.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 590-07000-545100-519-000 to fund this expenditure.
Page 2 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2176
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve blanket purchase orders (contracts) for clothing purchases and uniform rentals to
DesignLab and Cintas, respectively, for the annual amounts and renewal terms cited, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
With the branding rollout and new logo introduction, departments are preparing to order
clothing items. Purchasing has identified existing contracts available to piggyback that will
result in cost savings to the City. City Code 2.564 Exceptions to Bid and Quotation
Procedures, Item (d) provides for the utilization of cooperative purchasing contracts previously
awarded by other governmental entities.
Over the past few months, Public Utilities Director David Porter has researched and
determined that rental uniforms are better suited for approximately 160 field employees who
are routinely exposed to bio-hazard materials during their work. These workers will switch to
rental uniforms and no longer wear home the clothing exposed to contamination during the
work day. Three welders will be provided with flame resistant coveralls as well.
Additionally, Building and Maintenance Superintendent Tom Wojtkiw has identified eight
electrical trade employees including the supervisor who will be provided rental flame resistant
garments.
Purchasing requests Council authorization to utilize Pinellas County contract 123-006-B
(expires August 2017) with Design Lab for clothing purchases such as button-down oxfords,
polo shirts, light outerwear, high-visibility Personal Protective Equipment (PPE), and similar
items; and the U.S. Communities contract #12-JLH-011C (three-year commitment) with Cintas
for rental uniforms including flame resistant garments. This request includes items for Police
Communications, but does not include Police and Fire crew uniforms.
Departments have Fiscal Year 15/16 funds for routine replacement of uniforms and clothing
items. On January 21, 2016, Council approved a Branding Roll-Out Special Program
181-98602 with a budget of $400,000 for funding clothing (non-routine in nature) and signage
replacement. This authorization request for routine and non-routine clothing replacements is
for an annual total not to exceed $250,000; and rental uniforms for an annual total not to
exceed $100,000 with a three-year rental commitment, subject to appropriation of funds.
APPROPRIATION CODE AND AMOUNT:
Funding for approximately $256,000 of this contract has been included in the individual
department’s fiscal year 2016 budget. The remaining funding for non-routine uniform
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2176
purchases due to the branding roll-out is available in special program 181-98602, Branding
Roll-Out.
Page 2 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2174
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Ratify and confirm the City Manager’s approval of a purchase order (ST 112567) to Young
Money Touring Inc. of Santa Monica, CA for $110,000 in order to secure a contract for the
performance by Lil Wayne at Wild Splash to be held in Coachman Park on March 5, 2016.
(consent)
SUMMARY:
The City entered into a partnership agreement with Beasley Media Group (BMG) to produce
“Wild Splash” on March 5, 2016.
One of the provisions of the agreement is for the City to pay for the performers and BMG to
reimburse the City with proceeds from the event. This has never been a problem in the past
as the City has always been reimbursed for all costs of the concert as well as making a profit
to be used for other special events in the City.
Most of the performance contracts are less than $100,000, not needing Council approval.
However, the contract negotiated and agreed to by the BMG with Young Money Touring Inc.
(YMT) for the services of “Lil Wayne” was $110,000 thus requiring Council approval.
In order to secure the contract and send the required retainer fee of $55,000 to YMT the City
Manager approved the purchase order.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2178
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Approve a purchase order (contract) to Construction Manager at Risk, Keystone Excavators,
Inc., of Oldsmar, Florida in the amount of $230,039.98, which includes a 10% contingency, for
site work and construction of a parking lot associated with Veteran’s War Memorial at Crest
Lake Park and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On July 16, 2015, the City Council approved establishing a Capital Improvement Project
entitled Crest Lake Park Veteran’s War Memorial (CIP 315-93647) for the construction of
Phase I of a war memorial in accordance with a MOU (Memorandum of Understanding)
between the City and the Tampa Bay Veterans Alliance (TBVA). Approved funding for
Phase I came from $250,000 from general fund reserves and $150,000 of funds raised by
TBVA which were in escrow for the project.
On November 5, 2015 the City Council approved a Partnership and Funding Agreement
(agreement) between the City of Clearwater and TBVA for the purpose of funding and
constructing a Veterans War Memorial at Crest Lake Park.
Staff and representatives from TBVA have agreed to a plan and design for the memorial and
permits with SWFMD (Southwest Florida Water Management District) and the City have been
approved to begin construction. A construction fence has been installed on the southeast
corner of the park in anticipation of beginning the construction activities.
This purchase order is for the construction of a 16-space asphalt parking lot to accommodate
visitors to the memorial as well as providing the necessary site work to construct retention
ponds and prepare the grade so that Phase I of the memorial can be constructed by others.
Items which have already been purchased for the memorial include brick pavers, military
medallions and light bollards, total approximately $32,000.
Items still to be purchased include masonry blocks, wall caps, flag poles and lights; and
installation of concrete walks, brick pavers and electrical service.
If approved, Keystone Excavators will begin site work and construction on March 10. All
construction on the memorial will be completed prior to the dedication of the memorial
scheduled for Memorial Day, May 30, 2016.
Keystone Excavators was selected under the Request for Qualifications process based on
qualifications, experience on similar projects, staff experience and availability, and knowledge
of City standards. Keystone has been the selected low bidder on many past city projects of
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2178
similar scope and the City was pleased with their performance.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Capital Improvement Project 315-93647, Crest Lake Park Veterans
War Memorial to fund the purchase order.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2159
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve the First Amendment for Term Extension for the Countywide ATMS/ ITS Traffic
Signal Interlocal Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Authorize the City Manager to execute the First Amendment for Term Extension for the
Countywide ATMS / ITS Traffic Signal Interlocal Agreement between Pinellas County and the
City of Clearwater dated March 2, 2006.
On March 2, 2006, City Council approved the Countywide ATMS / ITS Traffic Signal Interlocal
Agreement between Pinellas County and the City of Clearwater with an effective period of ten
years with subsequent ten year renewals, unless terminated or canceled as provided therein.
The County and the City entered into this Interlocal Agreement on May 18, 2006.
The ATMS / ITS Interlocal Agreement defines the roles and responsibilities specific to the
funding, construction, operation and maintenance of the ATMS / ITS systems within the City of
Clearwater. Pinellas County and the City of Clearwater have determined that centralizing
transportation management functions on major arterial roads throughout the City, in
accordance with the Metropolitan Planning Organization's adopted ITS plan, will provide for
increased safety and efficiency of the countywide roadway network.
To accomplish this, the City transferred traffic control jurisdiction and operation of roadways to
Pinellas County as the ATMS / ITS equipment is installed. The County will continue to be
responsible for funding relative to implementation and operation of new and existing ATMS /
ITS corridors throughout the City.
The City’s Traffic Operations Division will continue to maintain the traffic signalization
equipment on existing and new ATMS / ITS corridors within the City, and continue to be
reimbursed by the County for said maintenance.
This action would authorize the City Manager to execute the first renewal of the ATMS / ITS
Interlocal Agreement for another ten (10) years, providing the Pinellas County Administrator
does the same.
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2159
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 2/25/2016
Page 1 of 2
FIRST AMENDMENT FOR TERM EXTENSION
This Amendment made and entered into this ______ day of ______________, 2016, by and
between PINELLAS COUNTY, a political subdivision of the State ofFlorida, hereinafter referred to as
“COUNTY,” and the City of Clearwater, a municipal corporation, hereinafter referred to as “CITY,”
WITNESSETH
WHEREAS, the COUNTYand the CITYentered into an interlocal agreement for Countywide
ATMS/ITS Traffic Signalon May 18, 2006, (hereinafter “Agreement”) pursuant to which the COUNTY
assumed certain operation and maintenance responsibilities with regard to certain traffic signals within
the jurisdiction of the CITY; and
WHEREAS, Section 9of the Agreement provides foran unlimited number of ten (10)year
extensionsunder the same terms and conditions; and
WHEREAS, the County and the Citynow wish to exercise thisfirst extension;
NOW THEREFORE, the parties agree that the Agreement is extendedas follows:
1.The Agreement is hereby extended pursuant to Section 9 thereof, effective beginning
May 18, 2016and continuing for ten (10) yearsfrom that date unless terminated or canceled as provided
therein.
2.Except as changed or modified herein, all provisions and conditions of the original
Agreement shall remain in full force and effect.
Page 2 of 2
IN WITNESS WHEREOF the parties herein have executed this First Amendment forTerm
Extensionto the Agreement as of the day and year first written above.
PINELLAS COUNTY, FLORIDA CITY OF CLEARWATER, FLORIDA
by and through its County Administrator by and through its City Manager
Name: Mark Woodard Names: Bill Horne
Title: Title:
ATTEST:
By:
(Attesting Witness’ Name/Title
PCAODoc8287.docx
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2165
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve a work order to Engineer of Record (EOR) King Engineering Associates, Inc. in the
amount of $427,200 for Kapok Terrace - Sanitary Sewer Expansion Project (15-0036-UT) and
approve amendment 1 with Florida Department of Environmental Protection (FDEP) for the
increased amount of $250,000 for the construction of sanitary sewer expansion program; and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
This Agenda Item provides for updated planning, design services, and permitting for the
construction of new sanitary sewer system to connect areas that are currently served by
septic tanks as identified in The City’s Sewer System Expansion Feasibility Study of 2012.
This project will target the Kapok Terrace area - the next area on the priority list. The new
system will connect approximately 135 properties to City’s sanitary system.
This project also includes various stormwater and sidewalk improvements inside the
Kapok Terrace area.
The design phase is anticipated to be completed by March 2017, followed up by the
construction phase currently anticipated to be from July 2017 through November 2018.
King Engineering Associates, Inc. is one of the City’s EOR, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
FDEP agreement LP52090 was approved in the amount of $250,000 for the construction
of sanitary sewer expansion program in Fiscal Year 2014 - 2015. Amendment 1 is to
increase the agreement by the amount of $250,000 for the same program in Fiscal Year
2015 - 2016. The total amount of this agreement is $500,000 and there is no cost
associated with accepting the amendment.
APPROPRIATION CODE AND AMOUNT:
0315-96630-561300-535-000-0000 $377,641
0315-96124-561200-539-000-0000 $ 44,379
0315-92277-561200-541-000-0000 $ 5,180
A first quarter budget amendment will increase budget only of Capital Improvement Program
(CIP) project 0315-96630, Sanitary Sewer Extention, by $500,000 for FDEP grant funding for
FY14/15 and FY15/16 which provides funding.
A first quarter amendment will transfer $500,000 from Facilities Upgrade project 0315-96654
to Sanitary Sewer Expansion project 0315-96630.
Sufficient funding is available in Capital Improvement Program projects in amounts of
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2165
$377,641 from 0315-96630, Sanitary Sewer Extension, $44,379 from 0315-96124, Storm Pipe
System Improvements, and $5,180 from 0315-92277, Streets & Sidewalks for total funding of
$427,200 to fund the work order.
Page 2 City of Clearwater Printed on 2/25/2016
WO Initiation Form.docx 1 of 14 8/1/2014
KING ENGINEERING ASSOCIATES, INC .
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: January 22, 2016
Project Number: 2110-216-000
City Project Number: 15-0036-UT
Plan Set Number: 2016007
1. PROJECT TITLE:
Kapok Terrace Sanitary Sewer System
2. SCOPE OF SERVICES:
In January 2011, King Engineering Associates, Inc. (King) updated the City of Clearwater’s (City)
“Sewer System Expansion Feasibility Study” (Study), which identified thirty-three (33) areas that
could be added to the City’s wastewater collection system and prioritized the implementation of
expanding the wastewater service into these areas. The first five (5) areas are currently being
constructed. The next area on the priority list is the Kapok Terrace area. This area is comprised
of approximately 135 properties with individual septic tank systems. This project consists of
extending the City’s sanitary sewer system into the Kapok Terrace area and abandoning the
individual septic systems that currently exist on 135 occupied lots. The City has also requested
that King provides design services for miscellaneous stormwater improvements and sidewalk
installation in the Kapok Terrace area.
The Work Order authorizes King Engineering Associates, Inc. (King) to provide planning, design,
permitting and other services related to evaluating the project, preparing Contract Documents
for advertisement for public bid and award of the construction contract.
WO Initiation Form.docx 2 of 14 8/1/2014
I. PRE-DESIGN PHASE
Task 1.1 - Project Coordination
A. Prepare a project specific Project Management Plan (PMP) establishing team members
and responsibilities, lines of communication, project delivery schedules and project
budgets.
B. Coordinate the activities of the King’s staff and subconsultants with those of the City
and administer communications among the project team members and with the City’s
staff.
C. Maintain and update monthly project schedules and status reports.
D. Administer a quality assurance program covering the technical work of the project team.
E. Assist the City with FDEP (LP 52090) Grant coordination consisting of:
• Coordination with FDEP staff to determine (LP 52090) grant eligibility requirements.
• Preparing (LP 52090) grant application forms and submit draft grant application to
City for review.
• Coordinate the (LP 52090) grant application submittal to FDEP.
• Provide FDEP with additional information required to process (LP 52090) grant
application.
• It should be noted that administration of the (LP 52090) grant (i.e. assist in
executing agreements, preparation of monthly/quarterly/annual reports, and etc.)
has not been included in this work order since the grant has not been awarded and
therefore, the level of effort to administer the grant cannot be determined at this
time.
II. DESIGN PHASE
Task 2.1 - Locate Existing Septic Systems
Working with a licensed septic system company, King will locate as closely as possible the
existing septic systems and sewer laterals on each of the 135 occupied lots. The specific
approach will be as follows:
A. King will draft a letter to each property owner:
WO Initiation Form.docx 3 of 14 8/1/2014
• Informing them of the project and the need to locate the property’s septic tank and
sewer lateral;
• Providing a person to contact if they have questions or information regarding the
location of the above;
• Informing them that door hangers will be placed on each building informing the
resident of a time when a firm hired by the City will need to access the home/back
yard. The door hanger package will also include a flag that the resident can place in
the ground if they know where the septic tank is and another flag that can be placed
at a cleanout or over the sewer lateral;
• Other items deemed necessary by the City.
• The letter will be printed and issued on City letterhead with the City’s logo.
B. The septic company will send a representative to each lot to locate the lateral and the
septic system. The lateral will be potholed to obtain a depth to the top of the pipe and
the pipe size and material. The depth and location of the lateral will be written on a
drawing along with the location of the septic tank.
C. Existing grade at the lateral pothole location will be surveyed under Task 2.2 in order to
approximate the invert of the lateral.
D. Should the property owner deny access to their property for locating the sewer lateral
and septic tank, the City will attempt to reach out to the property owner to facilitate
access to the property to obtain the sewer lateral and septic tank information.
Task 2.2 - Surveying
As part of the Lump Sum cost, King will perform a Topographic Survey of the project areas,
which will include Tasks 2.2, A. and B. as described below:
A. Establish survey horizontal control in the North American Datum of 1983/90 and vertical
control in the North American Vertical Datum of 1988 (NAVD 88);
B. Perform a topographic survey of all streets included in the project area. Survey will
extend 10 feet beyond the right-of-way on both sides of the street. Survey will include:
• Cross sections every 50’ plus grade breaks, edge of pavement, driveways, curbs, and
sidewalks. Material of driveways, sidewalks and curbs will be recorded;
• Above ground utilities and utility markings, paint marks, flags, etc.;
• Valve boxes and elevations on top of the valve nut;
WO Initiation Form.docx 4 of 14 8/1/2014
• Trees >4 inches in diameter within the design corridor and 10 feet beyond the right-
of-way;
• The limits of the tree canopy for trees >4 inches in diameter that are within the
design corridor and 10 feet beyond the right-of-way
• Existing manhole cover location(s) and elevation(s), inverts, pipe sizes and pipe
material;
• Storm pipe size, inverts, curb and gutter elevations, and material of construction;
• Existing monumentation to establish right-of-way limits;
• Horizontal location and depth or elevation of the top of the existing sewer lateral at
each lot;
• Horizontal location of located existing septic systems;
• Building finished floor elevation, recorded at the front door;
• Geotechnical test boring locations.
Aerials of the project area will be provided by the City.
Task 2.3 – Private Property Surveying
King will also perform a Survey on a Cost Times Multiplier Basis to locate trees and
permanent structures on private property as described in Task 2.3, A. as described below:
A. King will perform a Survey on approximately 135 private property lots within the project
area to locate the following:
Trees >4 inches in diameter and the limits of the tree canopy
The limits of any major structures behind the house such as swimming pools,
brick/paved areas, lanais, or other structures where its limits cannot be identified
via aerial photography.
Task 2.4 – Subsurface Utility Engineering and Utility Coordination
A. Subsurface Utility Engineering
Subsurface Utility Engineering (SUE) services will be provided to locate, confirm depth
and size of existing utilities unable to be located by conventional surveying and in
potential conflict with the proposed sewer alignment. Fees allow for a maximum of
three working days of field crew time (±15 holes).
WO Initiation Form.docx 5 of 14 8/1/2014
B. Utility Coordination
Plans of the proposed sewer alignments will be sent to utility companies known to be in
the project area. Utilities will be requested to locate and draw their facilities on these
plans or note “no conflicts” and return one copy to King. This information will be
combined with above ground visible data and SUE data to estimate the location of
existing utilities.
Task 2.5 - Geotechnical Services
A geotechnical exploration program will be conducted in the project areas. The following
scope is based on a gravity sewer system consisting of approximately 30 manholes ranging
from 5 to 15 feet. Specifically, the geotechnical program scope includes:
A. One (1) Standard Penetration Test (SPT) boring at each of approximately 30 manholes.
Anticipated boring depths will be between 10 and 20 feet for the manholes. The test
borings will penetrate approximately 5 feet below the bottom of manholes with
embedments of 10 feet or less and about 10 feet below deeper manholes so as to
provide information for assessment of sheeting, bracing and dewatering requirements.
B. Based on the assumption that construction will require reconstruction of the existing
roadways, the geotechnical program will also include an evaluation of underdrain
requirements that may be warranted. The scope therefore includes performing a series
of twenty (20) shallow classification borings to a nominal depth of 15 feet on a typical
150-200 foot spacing staggered back and forth along the roadway alignments. These
classification borings will be used to examine subsurface and groundwater conditions
for estimation of potential seasonal variation. Fees also include costs to implement
Maintenance of Traffic while conducting the borings.
C. Laboratory classification tests will be performed on representative samples including
grain size analyses, Atterberg limits and organic content tests. Corrosivity testing will
not be required.
D. The results of the field and laboratory studies will be included in a signed and sealed
geotechnical report. The report will also include recommendations for dewatering and
roadway reconstruction, an evaluation of the suitable of existing soils for backfill
purposes and recommendations for compaction requirements.
III. FINAL DESIGN PHASE
Task 3.1 – Design Document Development
WO Initiation Form.docx 6 of 14 8/1/2014
King will develop biddable drawings and specifications for construction of a sanitary sewer
system and abandonment of the existing septic systems. Drawings will consist of the
following:
• Cover
• Index and Notes
• Stormwater Pollution Prevention Plan
• Sewer System Key Sheet
• Sewer System 1”=20’ Plan and Profiles (15 sheets)
• Sewer System Details
• Septic System Abandonment Plans
• Miscellaneous Details
• Maintenance of Traffic General Standards
King will develop biddable drawings and specifications for miscellaneous improvements of
the existing storm sewer system for the specific areas as described below and for the design
of sidewalks along the roadways within the project area. For the purposes of this Work
Order, it is assumed that the drawings and specifications for the storm sewer improvements
and sidewalk plans will be incorporated into the sanitary sewer drawing set. However,
separate drawings will be prepared for the improvements to the storm sewer system and
sidewalk to assist the City with management of separate funding mechanisms for this
portion of the project. Additional drawings will consist of the following:
• General Stormwater Notes
• Storm Sewer System Key Sheet
• Merrill Avenue Roadway Widening, Drainage system, Outfall Design, and Cul-de-
Sac/ T-Turn Around, reconfigure existing drainage system, as needed, as part of the
widening roadway (3 sheets)
• Moss Avenue Underdrain Plan and Profile (3 sheets)
Cul-de-Sac/T-Turn Around Design for Wolfe Road, Lake Vista Drive and Hoyt Avenue
(3 sheets)
Paving, Grading and Drainage for Moss Avenue and Hoyt Avenue Intersection
Paving, Grading and Drainage for Moss Avenue and Merrill Avenue Intersection
Paving, Grading and Drainage for Moss Avenue and Lake Vista Intersection
Roadway Reconstruction Plans, Cross Sections and Details
Sidewalk Plans for Entire Project Area (7 sheets)
Miscellaneous Details
Sanitary sewer and stormwater design documents will be submitted to the City at the 30%,
60% and 90% complete levels along with estimates of probable construction costs. Front
end technical specifications will be developed using the City’s standard documents. King will
attend three (3) status meetings to review comments on the 30%, 60%, and 90% design
phases of the work.
WO Initiation Form.docx 7 of 14 8/1/2014
Task 3.2 - Permitting
King will prepare and submit permit application packages and respond to Request for
Additional Information (RAI) as part of obtaining the following permits:
A. FDEP Notification/Application For Constructing A Domestic Wastewater
Collection/Transmission System. A $500 application fee has been included in the overall
fees.
B. SWFWMD Environmental Resource Permit. A $2,912 application fee has been included
in the overall fees.
C. Pinellas County Right-of-Way Permit
Task 3.3 - Public Relations Assistance
King will assist the Clearwater Public Communications Department by providing the
following services:
A. Attending one (1) pre-planning meeting with the City;
B. Attending two (2) Public Relations/Information meetings;
C. Assistance with developing handouts or flyers to be distributed by the City;
D. Preparing maps, exhibits and/or PowerPoint presentations for use at the above
meetings.
IV. BIDDING PHASE
Task 4.1 - Bid Documents and Bidding and Award Assistance
King will assist the City with advertisement, bidding and award of the project including:
A. Submitting final Bid Documents including:
• Five (5) signed and sealed copies of the project drawings and technical
specifications;
• One (1) unbound reproducible set of the technical specifications;
• One (1) CD-ROM containing the project drawings in AutoCAD format and the
technical specifications in Word format;
• One (1) CD-ROM containing the Bid Documents in PDF format;
• The final Engineer’s Opinion of Probable Construction Cost.
WO Initiation Form.docx 8 of 14 8/1/2014
B. Attending the pre-bid meeting and site visit;
C. Preparing up to two (2) Addenda/answer questions;
D. Reviewing the bids, evaluating the apparent low bidder and providing recommendation
of contract award.
E. Develop “Conformed” Documents. Revisions made to the Bid Documents during the
bidding phase of the project will be incorporated into the Conformed Documents. King
will provide the City with six (6) signed/sealed sets of the Conformed Plans and
Technical Specifications and one (1) CDROM with the Conformed Documents in
AUTOCAD and PDF formats.
3. PROJECT GOALS:
Project deliverables will include the following:
1. Three (3) copies of the Geotechnical Report;
2. Five (5) 24”x36” copies and two (2) 11”x17” copy of the 30% drawings; Five (5) copies of the
30% Technical Specifications; One (1) CDROM containing the Plans and Technical
Specifications in PDF format.
3. Five (5) 24”x36” copies and two (2) 11”x17” copy of the 60% drawings; Five (5) copies of the
60% Technical Specifications; One (1) CDROM containing the Plans and Technical
Specifications in PDF format.
4. Five (5) 24”x36” copies and two (2) 11”x17” copy of the 90% drawings; Five (5) copies of the
90% Technical Specifications; One (1) CDROM containing the Plans and Technical
Specifications in PDF format.
5. One (1) full copy of all permit application packages and RAI responses;
6. Bid Documents and Conformed Documents as described above.
7. Meeting minutes in PDF format by email.
4. BUDGET:
See Attachment “B”.
This price includes all labor and expenses anticipated to be incurred by King Engineering
Associates, Inc. for the completion of these tasks in accordance with Professional Services
Method “A” – Cost Times Multiplier Basis for task 2.3 and Method “B” – Lump Sum – Percentage
of Completion by Task for all tasks except Task 2.3, for a fee not to exceed Four Hundred
Twenty-Seven Thousand Two Hundred Dollars ($427,200).
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5. SCHEDULE:
The project is to be completed 300 calendar days from issuance of notice-to-proceed. The
project deliverables are to be phased as follows:
30% construction plans 120 calendar days
60% construction plans and permit applications 210 calendar days
90% construction plans 270 calendar days
Final construction documents 300 calendar days
6. STAFF ASSIGNMENT (Consultant):
Principal: Christopher F. Kuzler, P.E.
Project Manager: Loc P. Truong, P.E.
Project Engineers: Larry Kistler, P.E., Matthew Davis, E.I., Christopher High E.I.
Designers: Mark Gladbach, Frank Paul, Chanta Sengaroun
Clerical: Paula Eldon
7. CORRESPONDENCE/REPORTING PROCEDURES:
Engineer’s/Architect’s project correspondence shall be directed to: Loc Truong, P.E.
All City project correspondence shall be directed to: Khang Nguyen, PE, 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.
City Invoicing Code: 0315-96630-561300-535-000-0000 $377,641 Sewer
0315-96124-561200-539-000-0000 $44,379 Stormwater
0315-92277-561200-541-000-0000 $ 5,180 Streets/Sidewalks
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).
WO Initiation Form.docx 10 of 14 8/1/2014
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 consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY: APPROVED BY:
_____________________________ _____________________________
Christopher F. Kuzler, P.E. Michael D. Quillen, PE
Sr. Vice President City Engineer
King Engineering Associates, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment “A”
WO Initiation Form.docx 11 of 14 8/1/2014
WORK ORDER INITIATION FORM
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 co pies. 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 12 of 14 8/1/2014
Kapok Terrace Sanitary Sewer System
King Engineering Associates, Inc.
WORK ORDER INITIATION FORM
PROJECT BUDGET
Task Description Sanitary
Sewer
Storm
Water
Sidewalk and
Street
Improvements
Total
1.0 Pre-Design
1.1 Project Coordination $24,072 $1,406 $25,478
Subtotal $24,072 $1,406 $25,478
2.0 Design
2.1 Locate Existing Septic Systems $24,709 $0 $24,709
2.2 Survey $99,290 $0 $99,290
2.3 Private Property Survey (*) $60,500 $0 $60,500
2.4 SUE and Utility Coordination $17,990 $0 $17,990
2.5 Geotechnical Services $48,380 $0 $48,380
Subtotal $250,869 $0 $250,869
3.0 Final Design Plans and Specifications
3.1 Design Document Development $79,314 $33,040 $5,180 $117,534
3.2 Permitting $6,398 $8,647 $15,045
3.3 Public Relations Assistance $5,169 $0 $5,169
Subtotal $90,881 $41,687 $137,748
4.0 Bidding
4.1 Bid & Award Assistance $11,819 $1,286 $13,105
Subtotal $11,819 $1,286 $13,105
Grand Total $377,641 $44,379 $5,180 $427,200
* Task 2.3 will be invoiced on a Cost times Multiplier basis.
Attachment “C”
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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 14 of 14 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.
DEP Agreement No. LP52090, Amendment No. 1, Page 1 of 11
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP52090
CITY OF CLEARWATER
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the 1st day of October, 2014, between the
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as
the “Department”) and the CITY OF CLEARWATER (hereinafter referred to as the “Grantee”)
is hereby amended. Collectively, the Department and the Grantee shall be referred to as
"Parties" or individually as a "Party".
WHEREAS, funding in the amount $250,000 was provided under Line Item 1668A of
the 2014-2015 General Appropriations Act for the Clearwater Sanitary Sewer Expansion
Program; and
WHEREAS, $250,000 in additional funding for this Project was provided under Line
Item 1662A of the 2015-2016 General Appropriations Act; and
WHEREAS, an increase to the above-referenced grant is provided; and
WHEREAS, certain provisions of the Agreement need revision and several provisions
need to be added to the Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. of the Agreement is hereby revised to change the completion date of the
Agreement from October 31, 2016, to October 31, 2018.
2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the
following:
A. As consideration for the satisfactory completion of services rendered by the
Grantee under the terms of this Agreement, the Department shall pay the Grantee on a
cost reimbursement basis up to a maximum of $500,000. It is understood that any
additional funds necessary for the completion of this project are the responsibility of the
Grantee. The parties hereto understand and agree that this Agreement does not require a
match on the part of the Grantee.
B. Prior written approval from the Department’s Grant Manager shall be required for
changes to this Agreement. Changes to approved budget categories within a single
deliverable that are less than 10% of the total approved deliverable budget amount will
require a formal Change Order to the Agreement. Changes that are 10% or greater of the
total approved deliverable budget amount, or changes that transfer funds from one
deliverable to another deliverable, or changes that increase or decrease the project’s total
funding amount will require a formal Amendment to the Agreement.
DEP Agreement No. LP52090, Amendment No. 1, Page 2 of 11
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible
project costs upon the completion, submittal and approval of each deliverable identified
in Attachment A-1, in accordance with the schedule therein. Reimbursement shall be
requested utilizing Attachment B-1, Payment Request Summary Form. To be eligible
for reimbursement, costs must be in compliance with laws, rules and regulations
applicable to expenditures of State funds, including, but not limited to, the Reference
Guide for State Expenditures, which can be accessed at the following web address:
http://www.myfloridacfo.com/aadir/reference_guide/. All invoices for amounts due
under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. A final payment request should be submitted to the Department no
later than sixty (60) calendar days following the completion date of the Agreement, to
assure the availability of funds for payment. All work performed pursuant to
Attachment A-1 must be performed on or before the completion date of the Agreement,
and the subsequent sixty-day period merely allows the Grantee to finalize invoices and
backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of
all costs under a cost reimbursement agreement. The Grantee shall comply with the
minimum requirements set forth in Attachment C, Contract Payment Requirements.
The Payment Request Summary Form shall be accompanied by supporting
documentation and other requirements as follows for each deliverable:
i. Contractual (Subcontractors) – Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the Grantee. Subcontracts which
involve payments for direct salaries shall clearly identify the personnel involved,
salary rate per hour, and hours spent on the project. All multipliers used (i.e.,
fringe benefits, overhead, indirect, and/or general and administrative rates) shall
be supported by audit. If the Department determines that multipliers charged by
any subcontractor exceeded the rates supported by audit, the Grantee shall be
required to reimburse such funds to the Department within thirty (30) calendar
days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. For
fixed-price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed-price
subcontracts to consultants/contractors in performing the work described
in Attachment A-#. Invoices submitted to the Department for fixed-price
subcontracted activities shall be supported with a copy of the
subcontractor’s invoice and a copy of the tabulation form for the
competitive procurement process (i.e., Invitation to Bid or Request for
Proposals) resulting in the fixed-price subcontract.
b. The Grantee may request approval from the Department to award a
fixed-price subcontract resulting from procurement methods other than
DEP Agreement No. LP52090, Amendment No. 1, Page 3 of 11
those identified in the paragraph above. In this instance, the Grantee shall
request the advance written approval from the Department’s Grant
Manager of the fixed price negotiated by the Grantee. The letter of
request shall be supported by a detailed budget and Scope of Services to
be performed by the subcontractor. Upon receipt of the Department Grant
Manager’s approval of the fixed-price amount, the Grantee may proceed
in finalizing the fixed-price subcontract.
c. All subcontracts are subject to the provisions of Section 13 and
any other appropriate provisions of this Agreement which affect
subcontracting activities.
E. In addition to the invoicing requirements contained in Sections 3.C. and D. above,
the Department will periodically request proof of a transaction (invoice, payroll register,
etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and
Federal guidelines (including cost allocation guidelines), as appropriate. This
information, when requested, must be provided within thirty (30) calendar days of such
request. The Grantee may also be required to submit a cost allocation plan to the
Department in support of its multipliers (overhead, indirect, general administrative costs,
and fringe benefits). State guidelines for allowable costs can be found in the Department
of Financial Services’ Reference Guide for State Expenditures at
http://www.myfloridacfo.com/aadir/reference_guide/.
F. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted
for separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
If the Department finds that these funds have been commingled, the Department
shall have the right to demand a refund, either in whole or in part, of the funds provided
to the Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund, and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
DEP Agreement No. LP52090, Amendment No. 1, Page 4 of 11
Administration. Interest shall be calculated from the date(s) the payment(s) are
recovered by the Grantee to the date repayment is made to the Department by the Grantee
to the date repayment is made by the Grantee to the Department.
3. Section 4. of the Agreement is hereby deleted in its entirety and replaced with the
following:
The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The Parties understand that this
Agreement is not a commitment of future appropriations. Authorization for continuation and
completion of work and payment associated therewith may be rescinded with proper notice at
the discretion of the Department if Legislative appropriations are reduced or eliminated.
4. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the
following:
A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the
work performed during the reporting period, problems encountered, problem resolution,
schedule updates and proposed work for the next reporting period. Quarterly reports
shall be submitted to the Department’s Grant Manager no later than twenty (20) calendar
days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term “quarterly” shall reflect the calendar quarters
ending March 31, June 30, September 30 and December 31. The Department's Grant
Manager shall have thirty (30) calendar days to review the required reports and
deliverables submitted by the Grantee.
B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the
Grantee will identify the return on investment for this project and provide quarterly
updates to the Governor’s Office of Policy and Budget.
5. Section 7. of the Agreement is hereby deleted in its entirety and replaced with the
following:
Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by either
Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further
nothing shall be construed as consent by a state agency or subdivision of the State of Florida to
be sued by third parties in any matter arising out of any contract or this Agreement.
6. Section 8. of the Agreement is hereby deleted in its entirety and replaced with the
following:
A. The Department may terminate this Agreement at any time if any warranty or
representation made by the Grantee in this Agreement or in its application for funding
shall at any time be false or misleading in any respect, or in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
DEP Agreement No. LP52090, Amendment No. 1, Page 5 of 11
Department shall provide thirty (30) calendar days written notice of its intent to terminate
and shall provide the Grantee an opportunity to consult with the Department regarding
the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the
Grantee with thirty (30) calendar day’s written notice. If the Department terminates the
Agreement for convenience, the Department shall notify the Grantee of such termination,
with instructions as to the effective date of termination or specify the stage of work at
which the Agreement is to be terminated. If the Agreement is terminated before
performance is completed, the Grantee shall be paid only for that work satisfactorily
performed for which costs can be substantiated.
C. Records made or received in conjunction with this Agreement are public records.
This Agreement may be unilaterally canceled by the Department for unlawful refusal by
the Grantee to allow public access to all documents, papers, letters, or other material
made or received by the Grantee in conjunction with this Agreement and subject to
disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida
Constitution.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay
in the fulfillment of the requirements of this Agreement, the Grantee shall promptly
notify the Department orally. Within seven (7) calendar days, the Grantee shall notify
the Department in writing of the anticipated length and cause of the delay, the measures
taken or to be taken to minimize the delay and the Grantee’s intended timetable for
implementation of such measures. If the parties agree that the delay or anticipated delay
was caused, or will be caused by a force majeure, the Department may, at its discretion,
extend the time for performance under this Agreement for a period of time equal to the
delay resulting from the force majeure upon execution of an amendment to this
Agreement. Such agreement shall be confirmed by letter from the Department accepting,
or if necessary, modifying the extension. A force majeure shall be an act of God, strike,
lockout, or other industrial disturbance, act of the public enemy, war, blockade, public
riot, lightning, fire, flood, explosion, failure to receive timely necessary third party
approvals through no fault of the Grantee, and any other cause, whether of the kind
specifically enumerated herein or otherwise, that is not reasonably within the control of
the Grantee and/or the Department. The Grantee is responsible for the performance of all
services issued under this Agreement. Failure to perform by the Grantee’s consultant(s)
or subcontractor(s) shall not constitute a force majeure event.
7. Section 10. of the Agreement is hereby deleted in its entirety and replaced with:
“Reserved.”.
8. Section 11. of the Agreement is hereby deleted in its entirety and replaced with the
following:
A. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
DEP Agreement No. LP52090, Amendment No. 1, Page 6 of 11
principles consistently applied. The Department, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of
this Agreement and for five (5) years following the completion date of the Agreement. In
the event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to
cooperate with the Department’s Inspector General in any investigation, audit,
inspection, review, or hearing. The Grantee will comply with this duty and ensure that its
subcontracts issued under this Grant, if any, impose this requirement, in writing, on its
subcontractors.
9. Section 15. of the Agreement is hereby deleted in its entirety and replaced with the
following:
In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement for the purpose of lobbying the Legislature, the
judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state
funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise
available for use by, any executive, judicial, or quasi-judicial department shall be used by any
state employee or other person for lobbying purposes.
10. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the
following:
Any notices and written communication between the parties shall be sent by electronic
mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered
delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,
other mail service delivery receipt, or when receipt is acknowledged by recipient.
11. Section 21. of the Agreement is hereby deleted in its entirety and replaced with the
following:
To the extent required by law, the Grantee will secure and maintain insurance coverages
in the amounts and categories specified below, during the life of this Agreement. The
Grantee shall provide documentation of any private insurance or self-insurance, as may
be applicable to governmental entities, to the Department’s Grant Manager prior to
performance of any work pursuant to this Agreement.
A. The Grantee shall secure and maintain Workers' Compensation Insurance for all
of its employees connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of its employees unless such employees
are covered by the protection afforded by the Grantee. Any self-insurance
program or insurance coverage shall comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in hazardous work
DEP Agreement No. LP52090, Amendment No. 1, Page 7 of 11
under this Agreement is not protected under Workers' Compensation statutes, the
Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its employees not
otherwise protected.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors
similarly secure and maintain, Commercial General Liability insurance including
bodily injury and property damage. The minimum limits of liability shall be
$200,000 each individual’s claim and $300,000 each occurrence. This insurance
will provide coverage for all claims that may arise from the services and/or
operations completed under this Agreement, whether such services and/or
operations are by the Grantee or any of its subcontractors. Such insurance shall
include the State of Florida, the Department, and the State of Florida Board of
Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the
entire length of the Agreement.
C. The Grantee shall secure and maintain, and ensure that any of its subcontractors
similarly secure and maintain, Commercial Automobile Liability insurance for all
claims which may arise from the services and/or operations under this Agreement,
whether such services and/or operations are by the Grantee or any of its
subcontractors. Such insurance shall include the State of Florida, the Department,
and the State of Florida Board of Trustees of the Internal Improvement Trust
Fund, as Additional Insureds for the entire length of the Agreement. The
minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company-Owned
Vehicles, if applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
D. If any work proceeds over or adjacent to water, the Grantee shall secure and
maintain, as applicable, any other type of required insurance, including but not
limited to Jones Act, Longshoreman’s and Harbormaster’s, or the inclusion of any
applicable rider to worker’s compensation insurance, and any necessary
watercraft insurance, with limits of not less than $300,000 each. In addition, the
Grantee shall include these requirements in any sub grant or subcontract issued
for the performance of the work specified in Attachment A, Grant Work Plan.
Questions concerning required coverage should be directed to the U.S.
Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the
parties’ insurance carriers.
E. All insurance policies shall be with insurers licensed or eligible to do business in
the State of Florida. The Grantee's current certificate of insurance shall contain a
provision that the insurance will not be canceled for any reason except after thirty
(30) calendar days’ written notice (with the exception of non-payment of
premium which requires a 10-calendar-day notice) to the Department's
DEP Agreement No. LP52090, Amendment No. 1, Page 8 of 11
Procurement Administrator. In addition, the Grantee shall include these
requirements in any sub grant or subcontract issued for the performance of the
work specified in Attachment A, Grant Work Plan.
F. If the Grantee is a Florida governmental entity that is self-funded for liability
insurance, this paragraph 21.F. supersedes 21.A. through E., above.
Grantee warrants and represents that it is self-funded for liability insurance, appropriate
and allowable under Florida law, and that such self-insurance offers protection applicable
to the Grantee's officers, employees, servants and agents while acting within the scope of
their employment with the Grantee.
12. Section 24. of the Agreement is hereby deleted in its entirety and replaced with the
following:
The Department may at any time, by written Change Order, make any change in the
Grant Manager information, task timelines within the current authorized Agreement period, or
make changes that are less than 10% of the total approved deliverable budget (per Paragraph 3).
All Change Orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change, which causes an increase or decrease in the Agreement amount, expiration date of
the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved
deliverable budget (per Paragraph 3), shall require formal Amendment to this Agreement.
13. Section 28. of the Agreement is hereby deleted in its entirety and replaced with:
“Reserved.”.
14. Section 32. is added to the Agreement as follows:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction
services in which 50 percent or more of the cost will be paid from state-appropriated
funds which have been appropriated at the time of the competitive solicitation, a state,
college, county, municipality, school district, or other political subdivision of the state
may not use a local ordinance or regulation that provides a preference based upon:
(1) The contractor’s maintaining an office or place of business within a
particular local jurisdiction; or
(2) The contractor’s hiring employees or subcontractors from within a
particular local jurisdiction; or
(3) The contractor’s prior payment of local taxes, assessments, or duties
within a particular local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state
college, county, municipality, school district, or other political subdivision of the state
DEP Agreement No. LP52090, Amendment No. 1, Page 9 of 11
shall disclose in the solicitation document that any applicable local ordinance or
regulation does not include any preference that is prohibited by Paragraph A.
15. Section 33. is added to the Agreement as follows:
As applicable, Department personnel shall be given access to and may observe and
inspect work being performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is
performing work, or storing or staging equipment, materials or documents; and
B. Grantee shall permit inspection of any facility, equipment, practices, or operations
required in performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances,
soils, materials or parameters at any location reasonable or necessary to assure
compliance with any work or legal requirements pursuant to this Agreement.
16. Section 34. is added to the Agreement as follows:
This Contract may be executed in two or more counterparts, each of which
together shall be deemed an original, but all of which together shall constitute one and
the same instrument. In the event that any signature is delivered by facsimile
transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create
a valid and binding obligation of the party executing (or on whose behalf such signature
is executed) with the same force and effect as if such facsimile or ".pdf" signature page
were an original thereof.
17. Section 35 is added to the Agreement as follows:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts with private organizations issued as a result of
this Agreement.
18. Attachment A, Project Work Plan, Revised Project Work Plan, is hereby deleted in its
entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and
made a part of the Agreement. All references in the Agreement to any prior Attachment A’s,
shall hereinafter refer to Attachment A-1, Revised Project Work Plan.
19. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and
replaced with Attachment B-1, Payment Request Summary Form, attached hereto and made a
part of the Agreement. All references in the Agreement to Attachment B, shall hereinafter refer
to Attachment B-1, Payment Request Summary Form.
DEP Agreement No. LP52090, Amendment No. 1, Page 10 of 11
20. Attachment G, Special Audit Requirements, is hereby deleted in its entirety and
replaced with Attachment G-1, Revised Special Audit Requirements, attached hereto and made
a part of the Agreement. All references in the Agreement to Attachment G, shall hereinafter
refer to Attachment G-1, Revised Special Audit Requirements.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP52090, Amendment No. 1, Page 11 of 11
IN WITNESS WHEREOF, the Department has caused this amendment to the State
Financial Assistance Agreement LP52090 to be executed on its behalf by the Secretary or
Designee of the Department and the Grantee has caused this amendment to be executed on its
behalf by its Authorized Representative. The effective date of this amendment shall be as set
forth below by the Department.
CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
City Manager Secretary or Designee
Date:Date:
Mahnaz Massoudi, DEP Grant Manager
FEID No.: 59-6000289
DEP QC Reviewer
List of attachments/exhibits included as part of this Amendment:
Specify Type
Letter/
Number Description (include number of pages)
Attachment A-1 Revised Project Work Plan (4 Pages)
Attachment B-1 Payment Request Summary Form (3 Pages)
Attachment G-1Revised Special Audit Requirements (5 pages)
DEP Agreement No. LP52090, Attachment A, Page 1 of 4
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Clearwater Sanitary Sewer Expansion Program
PROJECT AUTHORITY: The City of Clearwater (Grantee) received funding from the Florida
Legislature in the amount of $250,000 through Specific Appropriation Line Item No. 1668A,
Fiscal Year (FY) 2014 – 2015, General Appropriations Act, and $250,000 through Specific
Appropriation Line Item No. 1662A, Fiscal Year (FY) 2015 – 2016, General Appropriations Act.
The Grantee received this funding for the purpose of expanding the sanitary sewer system.
Monitoring and auditing guidelines, as related to the Florida Single Audit Act, are specified in the
Florida Catalog of State Financial Assistance (CSFA), No. 37.039.
PROJECT LOCATION: The Project will be in neighborhoods located on County Road 193 in
Alligator Creek Watershed, Water Body Identification Number (WBID) 1574, Grove Circle in
Steverson Creek Watershed, WBID 1567, and Belcher Area in the Allen’s Creek Watershed,
WBID 1604, which are all located within the City of Clearwater in Pinellas County, Florida. The
Kapok Terrace area involved in this project is adjacent to the Alligator Creek tributary of Alligator
Lake WBID 1574A in the Tampa Bay Basin of Florida. See Figure 1 for a location map and site
plan. Latitude – 27.9736; Longitude – 82.7642.
PROJECT BACKGROUND: Pinellas County is the most densely urbanized county in the state
and many of the local water bodies have been verified impaired for fecal coliforms, dissolved
oxygen and/or nutrients. Replacing septic tanks with a sewer system that connect to an t advanced
wastewater treatment plants will help reduce the pollutant loadings on the local surface waters as
required by the Total Maximum Daily Loads (TMDLs) for each WBID.
In January of 2011, the City of Clearwater updated the “Sewer System Expansion Feasibility
Study”, which identified thirty-three (33) areas that could be added to the City’s wastewater
collection system and prioritized the expansion of the wastewater service into these areas. The
City adopted the recommendations of the Feasibility Study and has developed a Capital
Improvements Plan (CIP) that includes removal of septic tank systems over a 20-year period. The
removal of approximately 400 septic tank systems from the first two highest priority areas known
as “Idlewild and The Mall” were completed. The removal of septic tank systems in the next three
neighborhoods began in July 2015 and will be completed in the summer of 2016.
This project includes sewer extension, connections and septic tank abandonment in two areas. The
first area is Grove Circle and Belcher area. The Grove Circle and Belcher Area includes
approximately 80 individual septic tank systems. The second is the Kapok Terrace area. The
Kapok Terrace area is comprised of approximately 135 properties with individual septic tank
systems.
PROJECT DESCRIPTION: The Grantee will expand the sanitary sewer system by installing
gravity sanitary sewer mains including connections to the existing collection system, manholes,
laterals and cleanouts to connect properties in three neighborhoods in the Kapok Terrace area;
constructing new service laterals and connecting to gravity sewer as well as abandon existing
DEP Agreement No. LP52090, Attachment A, Page 2 of 4
individual septic tanks on private property; and fully restoring public right of way and private
property to pre-construction conditions or better. For the County Road 193, Grove Circle and
Belcher Area Project, approximately 7,000 linear feet of gravity sewer main will be installed along
with 26 sewer manholes and the abandonment of approximately 80 individual septic tank systems.
For the Kapok Terrace Project, approximately 7,000 linear feet of gravity sewer main will be
installed along with 30 sewer manholes and the abandonment of approximately 135 individual
septic tank systems.
TASKS and DELIVERABLES:
Task 1: Construction
Task Description: The Grantee will construct an expansion of the sanitary sewer system in
accordance with the final design(s) and required permits for the Grove Circle and Belcher area as
well as the Kapok Terrace area. The final design(s) and required permits will be submitted to the
Department upon request.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no
more frequently than once per month. The outlined Interim Deliverable(s) and/or Final
Deliverable(s) must have been submitted and accepted in writing by the Department’s Grant
Manager prior to payment request submittal.
Deliverable 1a: 1) signed acceptance of the completed work by the Grantee, 2) Contractor’s
Application and Certification for Payment, 3) dated color photographs of on-going work
representing time period covered in payment request. These interim deliverables must be
submitted 5 days prior to each payment request and may be submitted no more frequently than
monthly.
Performance Standard: The Department’s Grant Manager will review each submitted interim
deliverable to verify that it meets the specifications in the Grant Work Plan and this task description
and that work is being performed in accordance with the Grantee’s construction contract
documents. Upon review and written acceptance of each interim deliverable submittal by the
Department’s Grant Manager, the Grantee may proceed with payment request submittal for costs
associated with that submittal period under this task.
Contractor’s Application and Certification for Payment should include the following
supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the
period for which payment is being requested.
2. The summary should identify the nature of the work performed; the amount
expended for such work; the name of the person/entity providing the service or
performing the work; proof of payment of the invoices; and evidence of all work
conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,
surveys, environmental documents and/or permit applications, drawings, and
specifications (which must be made available upon request); and documentation
demonstrating partial completion of construction activities.
Deliverable 1b: Sanitary sewer expansion, constructed as described in this task, as evidenced by
these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during,
DEP Agreement No. LP52090, Attachment A, Page 3 of 4
and immediately following completion of the construction task; 2) written verification that the
Grantee has received record drawings and any required final inspection report(s) for the project;
3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida
Licensed Professional Engineer indicating construction has been completed in accordance with the
design.
Performance Standard: The Department’s Grant Manager will review the final deliverables to
verify that they meet the specifications in the Grant Work Plan and this task description and that
work is being performed in accordance with the Grantee’s construction contract documents. Upon
review and written approval by the Department’s Grant Manager of all final deliverables under
this task, the Grantee may proceed with payment request submittal.
PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all
deliverables must be received by the designated due date.
Task/
Deliverable
No.
Task or Deliverable
Title
Task Start
Date Task End Date
Deliverable Due
Date/ Frequency
1 Construction July 1, 2015 October 31, 2018
1a Interim Deliverables Not more than
once per month
1b Final Deliverables August 31, 2018
BUDGET DETAIL BY TASK:
Task No. Budget Category Budget Amount
1 Contractual Services $500,000
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the
category totals for the project as indicated below.
Category Totals Grant Funding, Not to Exceed, $500,000
Contractual Services Total $500,000
Total: $500,000
DEP Agreement No. LP52090, Attachment A, Page 4 of 4
Attachment B-1, Page 1 of 3
ATTACHMENT B-1
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: ________________ Agreement Effective Dates: _______________________
Grantee: ________________________________ Grantee’s Grant Manager: __________________
Mailing Address: ___________________________________________________________________
Payment Request No. ______________________ Date of Payment Request: __________________
Performance Period (Start date – End date): _______________________________________________
Task/Deliverable No(s). _______________ Task/Deliverable Amount Requested: $______________
GRANT EXPENDITURES SUMMARY SECTION
_____________________________________________
[Effective Date of Grant through End-of-Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING
FUNDS FOR
THIS REQUEST
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries/Wages $N/A $N/A $N/A $N/A
Overhead/Indirect/G&A Costs $N/A $N/A $N/A $N/A
Fringe Benefits $N/A $N/A $N/A $N/A
Indirect Cost $N/A $N/A $N/A $N/A
Contractual (Subcontractors) $ $ $ $
Travel (if authorized) $N/A $N/A $N/A $N/A
Equipment Purchases (if authorized) $N/A $N/A $N/A $N/A
Rental/Lease of Equipment $N/A $N/A $N/A $N/A
Other Expenses $N/A $N/A $N/A $N/A
Land (if authorized) $N/A $N/A $N/A $N/A
TOTAL AMOUNT $ $ $ $
TOTAL TASK/DELIVERABLE
BUDGET AMOUNT
$ $
Less Total Cumulative Payment
Requests of:
$ $
TOTAL REMAINING IN TASK $ $
GRANTEE CERTIFICATION
Complete Grantee’s Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
Attachment B-1, Page 2 of 3
Grantee’s Certification of Payment Request
I, _______________________________________________________________________________ ,
(Print name of Grantee’s Grant Manager designated in the Agreement)
on behalf of _____________________________________________________ , do hereby certify that:
(Print name of Grantee/Recipient)
The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply:
All permits and approvals required for the construction, which is underway, have been obtained.
Construction up to the point of this disbursement is in compliance with the construction plans and permits.
The Grantee’s Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request, and such
certifications are included:
Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy – mm/dd/yy)
Grantee's Grant Manager’s Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
Attachment B-1, Page 3 of 3
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee’s agency.
GRANTEE’S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the “TOTAL
TASK/DELIVERABLE BUDGET AMOUNT” line for the “AMOUNT OF THIS REQUEST” column.
GRANT EXPENDITURES SUMMARY SECTION:
“AMOUNT OF THIS REQUEST” COLUMN: Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the “TOTAL AMOUNT” line. Enter the amount of the task on the “TOTAL TASK BUDGET AMOUNT”
line. Enter the total cumulative amount of this request and all previous payments on the “LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF” line. Deduct the “LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF” from the
“TOTAL TASK BUDGET AMOUNT” for the amount to enter on the “TOTAL REMAINING IN TASK” line.
“TOTAL CUMULATIVE PAYMENT REQUESTS” COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request (this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the “TOTALS” line. Do not enter anything in the shaded areas.
“MATCHING FUNDS” COLUMN: Enter the amount to be claimed as match for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently approved
Grant Work Plan. Enter the total on the “TOTAL AMOUNT” line for this column. Enter the match budget amount on
the “TOTAL TASK BUDGET AMOUNT” line for this column. Enter the total cumulative amount of this and any
previous match claimed on the “LESS TOTAL CUMULATIVE PAYMENTS OF” line for this column. Deduct the “LESS
TOTAL CUMULATIVE PAYMENTS OF” from the “TOTAL TASK BUDGET AMOUNT” for the amount to enter on the
“TOTAL REMAINING IN TASK” line.
“TOTAL CUMULATIVE MATCHING FUNDS” COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled “TOTALS.” The final report should
show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE’S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee’s Grant Manager as identified in the grant agreement and the Grantee’s Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Attachment G-1, Page 1 of 5
ATTACHMENT G-1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
Attachment G-1, Page 2 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the
recipient’s resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at
http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
Attachment G-1, Page 3 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
Attachment G-1, Page 4 of 5
B. The Auditor General’s Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2184
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: ReportIn Control: Planning & Development
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Accept the annual report on the status of development agreements. (WSO)
SUMMARY:
Community Development Code Section 4-606.J states that the city manager shall review all
lands within the city subject to a development agreement at least once every 12 months to
determine if there has been demonstrated good-faith compliance with the terms of the
development agreement. Staff has provided a memorandum that includes a list of the
Development Agreement applications (DVAs) and Hotel Density Reserve Development
Agreements (HDAs) entered into by the City and a status of the agreement and associated
project, if applicable.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 2/25/2016
PLANNING AND DEVELOPMENT DEPARTMENT
MEMORANDUM
SUBJECT: Annual report of Development Agreements
BACKGROUND:
Community Development Code Section 4-606.J states that the city manager shall review all lands within the
city subject to a development agreement at least once every 12 months to determine if there has been
demonstrated good-faith compliance with the terms of the development agreement. This shall serve as the
annual report that evaluates whether compliance has been demonstrated.
SUMMARY:
Since 2003, there have been 40 Development Agreement applications (DVAs) applied for through the
Planning and Development Department, including requests to amend existing agreements. The table below
shows each property address for which a Development Agreement was applied for, the status of the DVA, and
the status of the associated project, if applicable.
Development Agreements (DVAs)
Address Case # Case Status Project Status
40 Devon Drive
DVA2010-08001 Approved Approved Site Plan;
No Building Permit DVA2010-08001A Approved;
Amendment
100 Coronado Dr
DVA2004-00001 Approved
Under Construction
DVA2004-00001A Approved;
Amendment
DVA2008-00001 Approved;
Amendment
DVA2008-00001A Approved;
Amendment
DVA2014-07005 Approved;
Amendment
101 Coronado Dr DVA2009-00001 Approved Constructed
300 Hamden Dr DVA2009-00002 Approved One project (309 Coronado);
Under construction 316 Hamden Dr DVA2009-00003 Approved
301 S Gulfview Blvd
DVA2004-00002 Approved;
Amendment
Constructed DVA2004-00002A Approved;
Amendment
DVA2007-00001 Approved;
Amendment
Development Agreements (DVAs)
Address Case # Case Status Project Status
311 S Gulfview Blvd
DVA2009-00004 Approved
Constructed DVA2010-12001 Approved;
Amendment
410 N Ft Harrison DVA2006-00001 Expired Expired;
Didn't meet thresholds DVA2007-00003 Expired
443 East Shore DVA2012-03001 Approved Active Building Permit
483 Mandalay
DVA2014-06001 Approved
Under Construction DVA2014-06001A Approved;
Amendment
500 Mandalay
DVA2004-00005 Approved
Constructed DVA2007-00002 Approved;
Amendment
619 S Gulfview Blvd DVA2008-00002 Approved Constructed
650 Bay Esplanade DVA2013-02001 Approved Active Building Permit
655 S Gulfview Blvd
DVA2012-11001 Denied
Under Construction DVA2012-11002 Denied
DVA2013-03001 Approved
1475 Sunset Point Rd DVA2011-01001 Denied Denied
2165 Gulf to Bay Blvd
DVA2009-00005 Approved
Constructed DVA2011-04001 Approved;
Amendment
DVA2013-11001 Approved;
Amendment
2222 Lake Shore Dr DVA2014-07001 Approved;
Amendment
Approved Site Plan;
No Building Permit
2506 Countryside Blvd DVA2004-00004 Terminated Terminated DVA2004-00004ATerminated
2750 Sunset Point Rd DVA2011-10001 Expired Expired;
Didn't meet thresholds
2995 Drew Street DVA2011-06001 Approved Phase 1 - Constructed;
Phase 2 - Under Construction
3280 McMullen Booth
DVA2005-00001 Approved
Constructed DVA2005-00001A Approved;
Amendment
3400 Gulf to Bay Blvd DVA2010-06001 Approved Not in compliance;
Recommend Termination
25191 US Highway 19 DVA2004-00003 Approved Constructed
The Hotel Density Reserve Development Agreement (HDA) was created in addition to the standard
Development Agreement in 2013 based upon recommendations from the Clearwater Business Task Force.
These HDA cases were created for those projects requesting units from the hotel density reserve on
Clearwater Beach. Since 2013, the City Council has approved entered into 13 HDAs for 12 different
addresses. Two of the HDAs are amendments to previously agreed-upon Development Agreements. The
table below has a breakdown of the HDAs, showing the property address, case number, status of the HDA,
and the status of the associated project.
Hotel Density Reserve Development Agreements (HDAs)
Address Case # Case StatusProject Status
691 S Gulfview Blvd HDA2013-08001 Approved Site Plan Approved;
Building Permit Application not Received
325 S Gulfview Blvd HDA2013-08004 Approved Site Plan Approved;
Building Permit Application not Received
353 Coronado Dr HDA2013-08005 Approved Site Plan Approved;
Building Permit Application not Received
405 Coronado Dr HDA2013-08006 Approved
Site Plan Approved;
Site Demolition Complete;
Building Permit Application not Received
625 S Gulfview Blvd HDA2013-08007 Approved Awaiting Site Plan Application
715 S Gulfview Blvd HDA2013-12008 Approved Site Plan Approved;
Building Permit Application not Received
655 S Gulfview Blvd HDA2014-02001 Approved Under Construction
521 S Gulfview Blvd HDA2014-04002 Approved Under Construction
401 S Gulfview Blvd HDA2014-06004 Approved Site Plan Approved;
Building Permit Application not Received
40 Devon Dr HDA2014-07004 Approved Site Plan Approved;
Building Permit Application not Received
706 Bayway Blvd HDA2014-08006 Approved
Site Plan Approved;
Building Permit Application Received
(site work only)
630 Gulfview Blvd HDA2014-08007 Approved Site Plan Approved;
Building Permit Application not Received
401 S Gulfview Blvd HDA2015-06001 Approved Site Plan Approved;
Building Permit Application not Received
Pursuant to Community Development Code Section 4-606.J, the Planning and Development Department finds
demonstrated good-faith compliance with the provisions of the majority of Development Agreements and
Hotel Density Reserve Development Agreements. The two that have not demonstrated good-faith compliance
have expired, and one has recently been terminated. The party to the agreement for 3400 Gulf to Bay Blvd
(Clearwater Christian College Private School, Inc., DVA2010-06001) has withdrawn its application with the
Southwest Florida Water Management District for a mitigation bank and is therefore no longer capable of
meeting the terms of the development agreement. Staff is recommending termination of this agreement. Of
the current Agreements with projects that have not been constructed, or are not under construction, various
stages of progress have been shown. This includes the submission and approval of site plans or the
application for building permits, or both. Of the agreements where site plans have not been submitted or
building permits issued, the agreements are still well within their valid life cycle. Regarding the Hotel
Density Reserve Development Agreements (HDAs), the majority have site plans that were approved within
the agreed upon time frame. Two are currently under construction, and the one HDA without an approved
site plan is still within the agreed upon time frame for submission and approval.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2150
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve the Fourth Amendment to the lease agreement dated September 17, 2012 by and
between the City of Clearwater, Florida (Lessor) and the Marina Cantina, LLC, (Lessee),and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
This amendment addresses interior and exterior space rent, the names assigned to first floor
restaurant spaces and amends and finalizes completion date for each space.
The City of Clearwater entered into an agreement with the Marina Cantina, LLC on September
17, 2012.
This lease was amended with a First Amendment on June 19, 2013 to modify the terms and
conditions resulting from the hold over tenants of the former gift shop, which affected the
square footage of the Lease Agreement with the lessee as the lessee took over and gained
that former gift shop square footage.
This lease was amended with a Second Amendment on October 5, 2015 to take into account
a brief construction delay caused by improvements that were not initially contemplated in the
initial lease agreement. The Second Amendment provided an extension of the completion
date by three months to have the restaurant open by January 1, 2016.
This lease was amended by a Third Amendment on November 20, 2015. The third
amendment provided the documentation and instrument for the lessee’s costs ($409,606.49)
to be brought forward for reimbursement by the Lessor. These were for unforeseen costs for
emergency repairs, exterior and common space glass, doors, and fire rated drop ceilings
along with costs not budgeted for bringing the entire building to a uniform appearance and in
compliance with current building codes.
This Fourth Amendment will amend the following paragraphs of the Marina Cantina, LLC
lease:
Paragraph 4 is replaced in its entirety and defines the Premises use by business names and
services as follows: 1) a full service restaurant with full liquor bar, bar service, and outdoor
seating referred to as “Marina Cantina”, (2) a full service restaurant with full liquor bar, bar
service, and outdoor seating referred to as “Salt Cracker”; (3) and a pizza restaurant with
outdoor seating referred to as ‘Roundabout Pizza.” The “Roundabout Pizza” spaces may also
be used as a prep kitchen for Marina Cantina and Salt Cracker. Roundabout Pizza may also
be used for deliveries and storage of items necessary to conduct the permissible business
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2150
activities. Unauthorized use of the Premises will constitute an event of default.
Paragraph 5(a), subparagraphs (c) through (h) and (j) are replaced in their entirety due to
updated square footage calculations of both interior and exterior space.
Amend paragraph 5 to adjust the eventual interior square footage to 10,141 square
feet and outdoor/patio square footage to 15,578 square feet.
Amend paragraph 5a to include “Salt Cracker” and “Roundabout Pizza” in the
percentage of alcohol sales owed to the City. The percentage of alcohol sales
remittance shall be made along with the Lessee’s payment of the monthly rent.
Amend paragraph 5c “iii” to add increased interior square footage and increase the
dollar calculations proportionately commencing the date of the Certificate of
Occupancy.
Amend paragraphs 5d - 5h to reflect the increased square footage to 10,141 square
feet with the payments to be calculated based on the amended interior square footage
number.
Amend paragraph 5j to bring the deposit amount up to the new rate of $7605.75 to
secure faithful performance of the Lessee’s obligations.
Paragraphs 15 (f) (4) and (5) have been added to address lease violation and abandonment
clauses, default and termination provisions.
Paragraph 16 has been amended to extend the restaurants opening dates to April 1, 2016, for
Marina Cantina and Salt Cracker defined spaces and Labor day 2016 for the Roundabout
Pizza restaurant.
APPROPRIATION CODE AND AMOUNT:
N/A
Page 2 City of Clearwater Printed on 2/25/2016
[GM12-1371-014/180441/2]
FOURTHAMENDMENT TO LEASE DATED SEPTEMBER 17, 2012
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
MARINA CANTINA, LLC
[GM12-1371-014/180441/2]
THIS FOURTHAMENDMENT TO THE LEASE AGREEMENT DATED September
17, 2012 (the “Amendment”) is made as of this ___ day of _________, 2016(the “Effective
Date”), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the “Lessor”) and MARINA CANTINA, LLC, a Florida limited liability company
(the “Lessee”).
WHEREAS, the Lessor and Lessee agree to this FourthAmendmentto Lease Agreement
modifyingthe terms of the Lease dated September 17, 2012tomodify the terms and conditions
resulting from a construction delay caused by improvements that were not initially contemplated
in the Lease Agreementand to specify additional allowable uses of the leasehold to
accommodate additional restaurant services.
NOW, THEREFORE it is mutually agreed as follows:
1.Paragraph 4ishereby replaced in its entiretyas follows:
The Premises shall be used only for the purpose of conducting the following
businesses: (1) a full service restaurant with full liquor bar, bar service, and
outside seatingreferred to herein as “Marina Cantina;” (2) a full service restaurant
with full liquor bar, bar service, and outside seatingreferred to herein as “Salt
Cracker;” (3) and a pizza restaurantwith outside seatingreferred to herein as
“Roundabout Pizza.” Roundabout Pizza’s kitchen may also be used as a prep
kitchen for Marina Cantina and Salt Cracker. Roundabout Pizza may also be used
fordeliveries andstorage of items necessary to conduct the permissible business
activities. Any unauthorized use of the Premises will constitute an event of
default.
2.Paragraph 5(a), subparagraphs (c) through (h), and subparagraph (j) are hereby
replaced intheirentirety as follows, and the remaining subparagraphs are
unaffected by this Amendment:
The Lessee hereby covenants and agrees to pay rent for the leasehold,which will
eventually comprise 10,141squarefeet of interior space and 15,578squarefeet of
exterior/seasonal patio space as follows:
a. Once each restaurant is open for business, the Lessee shall, at the beginning of
the following month, pay an amount equivalent to eight (8) percent of monthly
gross alcoholic beverage sales for the preceding, calculable month throughout the
term of thislease, and any extension thereof for each restaurant comprising the
leasehold. The percentage of alcohol sales remittance shall be made along with
the Lessee' s payment of the monthly rent, which is detailed in subsections (b)
through (h) below. The Lessee shall provide the Lessor within 15 days after the
end of each month during the term of this lease a statement showing the amount
of alcohol beverage gross sales accounted separately during the month. The
[GM12-1371-014/180441/2]
statement used by the Lessee to report such sales will be in form satisfactory to
the City Manager or his designee. Such statement should be accompanied with a
copy of the monthly State Sales Tax return paperwork accounting the amount of
gross sales for the preceding month. The term "gross sales" as used in this
paragraph means the entire amount of the actual sales receipts, whether for cash
or otherwise, for all sales conducted in, on or from the premises. The term
"alcohol beverage" means all beverages containing alcohol. No deduction shall be
allowed for uncollected or uncollectible credit accounts. Such term shall not
include, however, any sums collected and paid out for any sales or excise tax
imposed by a governmental authority wherein Lessee is regarded as the collecting
agent.
. . .
c. Years 2 through 5 –Lessee shall:
i. Pay $9.00/sq. ft. for 9,285 sq. ft. per year duringthe spanfrom year 2
through January 31, 2016of the lease.
ii. Pay the total sum of $194,985.00plus tax during the span of year 2
through January 31, 2016 of the lease, whichshall be paid in equal
monthly payments of $6,963.75. Each monthly payment shall be due and
payable on the first day of each month.
iii. As of February 1, 2016, the leasehold expands to 10,141 sq. ft.,and
Lesseemust pay the total sum of $152,115.00plus tax during the span of
the aforementioned date through year 5 of the lease, which shall be paid in
equal monthly payments of $7,605.75plus tax through September 30,
2017. Each monthly payment shall be due and payable on the first day of
each month.
d. Years 6 through 10 (if applicable, from October 1, 2017 to September 30,
2022)–Lessee shall:
i. Pay $9.00/sq. ft. for 10,141sq. ft. per year during years 6 and 7 of the
lease, at a total sum of $182,538.00 plus tax, which shall be paid in equal
monthly payments of $7,605.75 plus tax through September 30, 2019.
ii. Pay $17.50/sq. ft. for 10,141sq. ft. per year during years 8 through 10
of the lease, at a total sum of $532,402.50plus tax, which shall be paid in
equal monthly payments of $14,788.96plus tax through September 30,
2022.
[GM12-1371-014/180441/2]
iii. Each monthly payment shall be due and payable on the first day of
each month.
e. Years 11 through 15 (if applicable, from October 1, 2022 to September 30,
2027)–Lessee shall:
i. Pay $17.50/sq. ft. for 10,141sq. ft. per year during years 11 and 12 of
the lease, at a total sum of $354,935.00plus tax, which shall be paid in
equal monthly payments of $14,788.96plus tax through September 30,
2024.
ii. Pay $20.00/sq. ft. for 10,141sq. ft. per year during years 13 through 15
of the lease, at a total sum of $608,460.00plus tax, which shall be paid in
equal monthly payments of $16,901.67plus tax through September 30,
2027.
iii. Each monthly payment shall be due and payable on the first day of
each month.
f. Years 16 through 20 (if applicable, from October 1, 2027 to September 30,
2032)–Lessee shall:
i. Pay $20.00/sq. ft. for 10,141sq. ft. per year during years 16 and 17 of
the lease, at a total sum of $405,640.00plus tax, which shall be paid in
equal monthly payments of $16,901.67plus tax through September 30,
2029.
ii. Pay $22.50/sq. ft. for 10,141sq. ft. per year during years 18 through 20
of the lease, at a total sum of $684,517.50plus tax, which shall be paid in
equal monthly payments of $19,014.38plus tax through September 30,
2032.
iii. Each monthly payment shall be due and payable on the first day of
each month.
g. Years 21 through 25 (if applicable, from October 1, 2032 to September 30,
2037)–Lessee shall:
i. Pay $22.50/sq. ft. for 10,141sq. ft. per year during years 21 and 22 of
the lease, at a total sum of $456,345.00plus tax, which shall be paid in
[GM12-1371-014/180441/2]
equal monthly payments of $19,014.38 plus tax through September 30,
2034.
ii. Pay $25.00/sq. ft. for 10,141sq. ft. per year during years 23 through 25
of the lease, at a total sum of $760,575.00 plus tax, which shall be paid in
equal monthly payments of $21,127.08plus tax through September 30,
2037.
iii. Each monthly payment shall be due and payable on firstday of each
month
h. Years 26 through 30 (if applicable, from October 1, 2037 to September 30,
2042)–Lessee shall:
i. Pay $25.00/sq. ft. for 10,141sq. ft. per year during years 26 and 27 of
the lease, at a total sum of $507,050.00 plus tax, which shallbe paid in
equal monthly payments of $21,127.08plus tax through September 30,
2039.
ii. Pay $27.50/sq. ft. for 10,141sq. ft. per year during years 28 through 30
of the lease, at a total sum of $836,632.50plus tax, which shall be paid in
equal monthly payments of $23,239.79plus tax through September 30,
2042.
iii. Each monthly payment shall be due and payable on the first day of
each month.
. . .
j. In addition to paying the first month's rent of $6,678.00, the Lessee shall pay an
additional $7,605.75as a deposit to secure the faithful performance of the
Lessee's obligations hereunder. If options to extend the lease are exercised, then
the Lessee must provide the Lessor a deposit equaling the highest monthly
payment of that respective lease term. Lessee’s failure to maintain the appropriate
deposit amount with the Lessor may result in Lessor declaring this failure an
Event of Default. The Lessor may deduct from the deposit any amount, which
might become due from the Lessee to the Lessor for damage to the premises or
for any reason or cause whatsoever except rent. At the end of the term of this
lease, the deposit amount or the balance thereof, if any, shall be credited to
Lessee's last monthly rental payment.
3.Paragraphs15(f)(4) and (5)are hereby added to the Lease Agreement as follows:
[GM12-1371-014/180441/2]
. . .
(4)If the Lessee shall violate anyof the covenants of this lease and fail to correct
such default within thirty(30) days after a written request by the Lessor to do so,
then the Lessormay, at its option, deem this lease terminated, accelerate all rents
and future rents called for hereunder and Lessee shall become a tenant at
sufferance, and the Lessor shall be entitled to obtain possession of the premises as
provided by law.
(5)In case the leased property shall be abandoned, as such term is defined by
Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to
the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either
by force or otherwise, without being liable to any prosecution or claim therefore,
and may relet the leased property as the agent of the Lessee and receive the rent
therefore and apply the same to the payment of such expenses as Lessor may have
incurred in connection with the recovery of possession, reduction, refurbishing or
otherwise changing or preparing for reletting, including brokerage and reasonable
attorneys fees. Thereafter, it shall be applied to the payment of damages and to the
cost and expenses of performance of the other covenants of Lessee as provided
herein; or (ii) the Lessor may, at its option, terminate this lease by giving the
Lessee thirty(30) days' written notice of such intention served upon the Lessee or
left upon the leased property, and the term hereof shall absolutely expire and
terminate immediately upon the expiration of said thirtieth(30) day period.
4.Paragraph 16ishereby amended as follows:
…Lessee covenants to complete all contemplated capital improvements, as
detailed in Exhibit E, as expeditiously as possible and have therestaurantMarina
CantinaandSalt Cracker open by January1April1, 2016.Lessee covenants to
have Roundabout Pizza open by Labor Day 2016.Otherwise, this shall constitute
an Event of Default.
5.All of the terms and conditions of the Lease Agreement are incorporated herein
by reference and shall continue in full force and effect throughout the remaining
term of this Lease Agreement.
IN WITNESS WHEREOF, this agreement is executed as of the date first above written.
Countersigned:CITY OF CLEARWATER, FLORIDA
_______________________________By__________________________________
George N. Cretekos, Mayor William Horne, City Manager
[GM12-1371-014/180441/2]
Approved as to form:Attest:
___________________________________________________________________
Camilo Soto, Assistant City Attorney Rosemarie Call, City Clerk
Marina Cantina, LLC
By:________________________________
Frank Chivas, President
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2160
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Appoint one member to the Nuisance Abatement Board with term to expire February 28, 2020.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 1
Purpose: The 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 BOARD MEMBER HAS RESIGNED AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
Richard (Dick) L. Ruben - 1430 Gulf Blvd. #501, 33767 - Retired/Business
Original appointment: 8/20/15
Resigned: 2/4/16
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCY:
1. Gary H. Baker - 55 Rogers Street #402, 33756 - Attorney
2. Greg A. Brown - 1279 Bermuda St., 33755 - Production Assistant
3. Jeffrey E. Feeley - 3301 San Domingo St., 33759 - Real Estate Investor
4. Carole Hayes - 2087 Edgewater Dr., Unit G., 33755 - Retired/BS Education
5. Mary Ann Lane - 3030 Homestead Ct., 33759 - Clinical Social Worker
6. Kevin R. T. Laughlin - 1237 Rose Road, 33759 - Industrial Safety Training
7. Susan Oliveto - 100 Waverly Way #303, 33756 - English Teacher/Librarian
Page 1 City of Clearwater Printed on 2/25/2016
File Number: ID#16-2160
8. James Strobusch - 31 Island Way #807, 33767 - Retired/HR Management
9. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist
Zip codes of current members:
4 at 33755
2 at 33756
Current Categories:
Attorney
HR Analyst
Restaurant Owner
Retired Business Management
Retired/Management
Retired Teacher
Page 2 City of Clearwater Printed on 2/25/2016
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
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?
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2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
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3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
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docnt)ant toosserve on this Board? "11 krniut--
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Board Name:U
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: 24,L-E yEs
Home Address:
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0_J2.ai LAS a Zip J3 7
Telephone: (IS)
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449 8`48`4
Cell Phone: (7,,,/7) 4, 4. jl'i'5
Office Address:
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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:
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If retired', former occupation: ; ...
Community Activities -
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Other Interests: RuiJ, n cl4ai k.,•nc k,,:4,1 S
Board Service (current an past): Board Preference:
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dditional Comments: rArtoe v`co • do 110116P el 605 kr (1)z (4yUffriA6ssc7., n o4i,1, P 1A By",c
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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?
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2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
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4. Why do you want to serve on this Board?
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 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:
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Other Interests: k G <lb(Jl €Q > C l.J
Board Service (current and past):
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Board Preference:
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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? /
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4. Why do you want to serve on this Board? )
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Name: J
Board Name: I
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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: 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
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:
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8845-16
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Amend Section 27.06, Code of Ordinances, to extend the installment payment period for
special assessments from not more than ten years to not more than twenty years, and pass
Ordinance 8845-16 on first reading.
SUMMARY:
City Council directed staff to amend the code to allow for a twenty year installment payment
period for special assessments.
APPROPRIATION CODE AND AMOUNT:
Page 1 City of Clearwater Printed on 2/25/2016
Ordinance No. 8845-16
ORDINANCE NO. 8845-16
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 27, CODE OF ORDINANCES,
PERTAINING TO SPECIAL ASSESSMENTS, AMENDING
SECTION 27.06 TO EXTEND THE INSTALLMENT PAYMENT
PERIOD FOR SPECIAL ASSESSMENTS FROM NOT MORE
THAN TEN YEARS TO NOT MORE THAN TWENTY YEARS;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 27.06(2), Code of Ordinances, is amended to read as
follows:
Sec. 27.06. -Certificate of indebtedness.
* * * * *
(2) Installment payments.The certificate, subject to the interest provided in this
section, may be satisfied through weekly, monthly or annual installments with such
installment payment period to run not more than twentyyears from the date of
issuance. Such certificate, together with interest, may be paid in full at any time and
the property owner shall not incur any penalty for prepayment.
* * * * *
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8821-16
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8821-16 on second reading, annexing certain real properties whose post
office addresses are 2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida 33764 into
the corporate limits of the city and redefining the boundary lines of the city to include said
addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Ordinance No. 8821-16
ORDINANCE NO. 8821-16
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY EAST OF SOUTH HERCULES
AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF
NURSERY ROAD AND SOUTH OF DRUID ROAD, WHOSE
POST OFFICE ADDRESSES ARE 2118, 2142, AND 2166
BELL CHEER DRIVE, ALL IN CLEARWATER, FLORIDA
33764, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITIONS; 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
(ANX2015-12034)
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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida
Department of State within 30 days after the effective date.
Ordinance No. 8821-16
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
ANX2015‐12034
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-06426-000-0030 Lot 3 2118 Bell Cheer Drive
The above in FIRST ADDITION TO THE BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the
Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 24-29-15-06408-000-0080 Lot 8 2142 Bell Cheer Drive
3. 24-29-15-06408-000-0040 Lot 4 2166 Bell Cheer Drive
The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas
County, Florida.
Exhibit B
PROPOSED ANNEXATION MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
60
6 0
50
4
3
4
5
6
88103
104
130 131 132133 87 86 85 8483
138 137 136 135 134 105106107 108 109 110
128
127
126
125
124 123 122 121120119118 117 116115114113112111
50
2
3
4
50
80
10
0
1
2
3
4
201
60
60
50
60
60
60
60
60
60
6
0
50
8
0
6
0
72144
064080642606444
310 504
3
4
5
6
7
9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
7
12
15
16 17
1 2
6 7 8
8
16
11/01
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
WOODLEY RD
BELL DR
PL
E
A
S
A
N
T
P
K
W
Y
U
N
I
V
E
R
S
I
T
Y
C
T
7 8
3
5 6
4 2
1290
22
1
0
21
3
1
21
9
1
2112
21
7
3
2172
21
6
5
2132
2110
21
7
3
21
2
5
21
1
7
21
4
7
21
5
5
21
3
5
21
4
9
20
9
9
21
6
7
1200
1276
21
0
9
21
9
8
2152
21
1
7
21
3
8
2 1 2 3
21
0
9
2147
21
5
5
21
7
9
21
3
9
21
8
5
2130
1100
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
9
5
21
5
7
2 1 1 9
21
2
5
2115
21
7
3
21
9
1
2124
21
7
4
21
4
9
21
6
7
21
0
9
1 1 1 0
2111
21
4
3
21
4
3
21
6
1
21
8
1
2126
1105
21
8
7
21
1
7
1250
21
9
5
2178
21
8
5
20
9
1
21
3
0
21
9
1
21
8
8
121
21
5
4
2 1 6 4
04
08
120
21
9
2
21
8
1
1101
21
2
7
21
4
3
2112
1009
21
1
0
2160
2 1
21
4
8
2176
2122
2206
21
9
9
124
2184
2 1 4 1
21
2
5
123
1
2
1
6
120
1006
2116
2130
124
2140
21
9
9
21
6
6
21
6
0
1107
123
125
21
8
7
2118
2190
2 1 5 6
2140
1005
8
2166
2180
2198
122
2186
21
4
2
21
2
4
21
1
8
21
4
1
21
3
5
08
2100
00
21
5
7
1220
1111
21
3
3
1010
2192
21
3
31222
2148
2172
2100
21
9
1
04
2118
1282
2134
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
^^^
BELCH
ER RD
-N
o
t
t
o
S
c
a
l
e
-
-N
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t
a
S
u
r
v
e
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-
Rev. 12/8/2015
DRUID RD
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
RU
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL
WOODLEY RD
WOODLEY RD
PL
E
A
S
A
N
T
P
K
W
Y
PL
E
A
S
A
N
T
P
K
W
Y
BELL DR
BELL DR
GROVE AVE (trail only)
GROVE AVE (trail only)
-N
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t
t
o
S
c
a
l
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-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
60
6 0
50
4
3
4
5
6
88103
104
130 131 132133 87 86 85 8483
138 137 136 135 134 105106107 108 109 110
128
127
126
125
124 123 122 121120119118 117 116115114113112111
50
2
3
4
50
80
10
0
1
2
3
4
201
60
60
50
60
60
60
60
60
60
6
0
50
8
0
6
0
72144
064080642606444
310 504
3
4
5
6
7
9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
7
12
15
16 17
1 2
6 7 8
8
16
11/01
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
WOODLEY RD
BELL DR
PL
E
A
S
A
N
T
P
K
W
Y
U
N
I
V
E
R
S
I
T
Y
C
T
7 8
3
5 6
4 2
1290
22
1
0
21
3
1
21
9
1
2112
21
7
3
2172
21
6
5
2132
2110
21
7
3
21
2
5
21
1
7
21
4
7
21
5
5
21
3
5
21
4
9
20
9
9
21
6
7
1200
1276
21
0
9
21
9
8
2152
21
1
7
21
3
8
2 1 2 3
21
0
9
2147
21
5
5
21
7
9
21
3
9
21
8
5
2130
1100
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
9
5
21
5
7
2 1 1 9
21
2
5
2115
21
7
3
21
9
1
2124
21
7
4
21
4
9
21
6
7
21
0
9
1 1 1 0
2111
21
4
3
21
4
3
21
6
1
21
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1
2126
1105
21
8
7
21
1
7
1250
21
9
5
2178
21
8
5
20
9
1
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3
0
21
9
1
21
8
8
121
21
5
4
2 1 6 4
04
08
120
21
9
2
21
8
1
1101
21
2
7
21
4
3
2112
1009
21
1
0
2160
2 1
21
4
8
2176
2122
2206
21
9
9
124
2184
2 1 4 1
21
2
5
123
1
2
1
6
120
1006
2116
2130
124
2140
21
9
9
21
6
6
21
6
0
1107
123
125
21
8
7
2118
2190
2 1 5 6
2140
1005
8
2166
2180
2198
122
2186
21
4
2
21
2
4
21
1
8
21
4
1
21
3
5
08
2100
00
21
5
7
1220
1111
21
3
3
1010
2192
21
3
31222
2148
2172
2100
21
9
1
04
2118
1282
2134
-N
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c
a
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-N
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-
Rev. 12/8/2015
Single Family Residential
Single Family Residential
Single Family Residential
Single Family
Residential
Water
View looking north at the subject property, 2118 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the south of the subject property
ANX2015-12034
Alejandro and IsbeliaRios
2118 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
View looking north at the subject property, 2142 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the south of the subject property
ANX2015-12034
Diana Gloria Mendez
2142 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
View looking north at the subject property, 2166 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2015-12034
Ryan Scott and Erika E. Frazer
2166 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8822-16
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8822-16 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 2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida 33764,
upon annexation into the City of Clearwater, as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Ordinance No. 8822-16
ORDINANCE NO. 8822-16
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 EAST OF SOUTH
HERCULES AVENUE, WEST OF SOUTH BELCHER
ROAD, NORTH OF NURSERY ROAD AND SOUTH OF
DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE
2118, 2142, AND 2166 BELL CHEER 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)
(ANX2015-12034)
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 on March 16, 2016, contingent upon and
subject to the adoption of Ordinance No. 8821-16.
Ordinance No. 8822-16
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
ANX2015‐12034
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-06426-000-0030 Lot 3 2118 Bell Cheer Drive
The above in FIRST ADDITION TO THE BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the
Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 24-29-15-06408-000-0080 Lot 8 2142 Bell Cheer Drive
3. 24-29-15-06408-000-0040 Lot 4 2166 Bell Cheer Drive
The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas
County, Florida.
Exhibit B
FUTURE LAND USE MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
60
6 0
50
4
3
4
5
6
88103
104
130 131 132133 87 86 85 8483
138 137 136 135 134 105106107 108 109 110
128
127
126
125
124 123 122 121120119118 117 116115114113112111
50
2
3
4
50
80
10
0
1
2
3
4
201
60
60
50
60
60
60
60
60
60
6
0
50
8
0
6
0
72144
064080642606444
310 504
3
4
5
6
7
9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
7
12
15
16 17
1 2
6 7 8
8
16
11/01
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
WOODLEY RD
BELL DR
PL
E
A
S
A
N
T
P
K
W
Y
U
N
I
V
E
R
S
I
T
Y
C
T
RL
RL
P
RL
RU
R/OS
RU
WATER
RU
I
RURU
RU
RU
7 8
3
5 6
4 2
1290
22
1
0
21
3
1
21
9
1
2112
21
7
3
2172
21
6
5
2132
21
4
3
21
7
3
21
2
5
21
1
7
21
3
5
21
4
9
21
6
7
1200
1276
21
0
9
21
9
8
2152
21
1
7
21
3
8212321
0
9
2184
2147
21
5
5
21
2
5
21
7
9
21
3
9
21
8
5
2130
1100
21
0
7
21
9
7
21
2
5
1
2
1
6
2106
21
0
1
2106
21
9
5
21
5
7
21
6
0
2190
2 1 1 9
21
2
5
2166
21
7
3
21
9
1
2124
21
7
4
21
3
5
21
4
9
21
6
7
1220
21
4
3
21
4
3
21
6
1
2126
1105
2100
21
8
7
21
1
7
1250
21
9
5
2178
21
8
5
20
9
1
21
3
0
21
9
1
21
8
8
121
21
5
4
2 1 6 4
04
08
120
21
9
2
21
8
1
1101
21
2
7
2110
2112
1009
21
1
0
2160
2 1
21
4
7
21
4
8
21
5
5
20
9
9
2176
2122
2206
21
9
9
124
2 1 4 1
123
120
1006
2116
2130
124
2140
21
9
9
21
6
6
1107
123
125
21
8
7
2118
2 1 5 6
2140
1005
8
2115
2180
2198
122
2186
21
4
2
21
2
4
21
1
8
21
4
1
08
2100
00
21
5
7
21
0
9
1 1 1 0
2111
1111
21
8
1
21
3
3
1010
2192
21
3
31222
2148
2172
21
9
1
04
2118
1282
2134
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
^^^
BELCH
ER RD
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
DRUID RD
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
RU
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL
WOODLEY RD
WOODLEY RD
PL
E
A
S
A
N
T
P
K
W
Y
PL
E
A
S
A
N
T
P
K
W
Y
BELL DR
BELL DR
GROVE AVE (trail only)
GROVE AVE (trail only)
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
60
6 0
50
4
3
4
5
6
88103
104
130 131 132133 87 86 85 8483
138 137 136 135 134 105106107 108 109 110
128
127
126
125
124 123 122 121120119118 117 116115114113112111
50
2
3
4
50
80
10
0
1
2
3
4
201
60
60
50
60
60
60
60
60
60
6
0
50
8
0
6
0
72144
064080642606444
310 504
3
4
5
6
7
9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
7
12
15
16 17
1 2
6 7 8
8
16
11/01
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
WOODLEY RD
BELL DR
PL
E
A
S
A
N
T
P
K
W
Y
U
N
I
V
E
R
S
I
T
Y
C
T
7 8
3
5 6
4 2
1290
22
1
0
21
3
1
21
9
1
2112
21
7
3
2172
21
6
5
2132
2110
21
7
3
21
2
5
21
1
7
21
4
7
21
5
5
21
3
5
21
4
9
20
9
9
21
6
7
1200
1276
21
0
9
21
9
8
2152
21
1
7
21
3
8
2 1 2 3
21
0
9
2147
21
5
5
21
7
9
21
3
9
21
8
5
2130
1100
21
0
7
21
9
7
21
2
5
2106
21
0
1
2106
21
9
5
21
5
7
2 1 1 9
21
2
5
2115
21
7
3
21
9
1
2124
21
7
4
21
4
9
21
6
7
21
0
9
1 1 1 0
2111
21
4
3
21
4
3
21
6
1
21
8
1
2126
1105
21
8
7
21
1
7
1250
21
9
5
2178
21
8
5
20
9
1
21
3
0
21
9
1
21
8
8
121
21
5
4
2 1 6 4
04
08
120
21
9
2
21
8
1
1101
21
2
7
21
4
3
2112
1009
21
1
0
2160
2 1
21
4
8
2176
2122
2206
21
9
9
124
2184
2 1 4 1
21
2
5
123
1
2
1
6
120
1006
2116
2130
124
2140
21
9
9
21
6
6
21
6
0
1107
123
125
21
8
7
2118
2190
2 1 5 6
2140
1005
8
2166
2180
2198
122
2186
21
4
2
21
2
4
21
1
8
21
4
1
21
3
5
08
2100
00
21
5
7
1220
1111
21
3
3
1010
2192
21
3
31222
2148
2172
2100
21
9
1
04
2118
1282
2134
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
Single Family Residential
Single Family Residential
Single Family Residential
Single Family
Residential
Water
View looking north at the subject property, 2118 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the south of the subject property
ANX2015-12034
Alejandro and IsbeliaRios
2118 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
View looking north at the subject property, 2142 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the south of the subject property
ANX2015-12034
Diana Gloria Mendez
2142 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
View looking north at the subject property, 2166 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2015-12034
Ryan Scott and Erika E. Frazer
2166 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8823-16
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8823-16 on second reading, amending the Zoning Atlas of the city by zoning
certain real properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer
Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium
Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Ordinance No. 8823-16
ORDINANCE NO. 8823-16
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY EAST OF SOUTH HERCULES AVENUE,
WEST OF SOUTH BELCHER ROAD, NORTH OF
NURSERY ROAD AND SOUTH OF DRUID ROAD, WHOSE
POST OFFICE ADDRESSES ARE 2118, 2142, AND 2166
BELL CHEER 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,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
zoning atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect on March 16, 2016, contingent upon
and subject to the adoption of Ordinance No. 8821-16.
Property Zoning District
See attached Exhibit A for legal descriptions Low Medium Density Residential
(LMDR)
(ANX2015-12034)
Ordinance No. 8823-16
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
ANX2015‐12034
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-06426-000-0030 Lot 3 2118 Bell Cheer Drive
The above in FIRST ADDITION TO THE BELL CHEER subdivision, as recorded in PLAT BOOK 33, PAGE 54, of the
Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 24-29-15-06408-000-0080 Lot 8 2142 Bell Cheer Drive
3. 24-29-15-06408-000-0040 Lot 4 2166 Bell Cheer Drive
The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas
County, Florida.
Exhibit B
ZONING MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
60
6 0
50
4
3
4
5
6
88103
104
130 131 132133 87 86 85 8483
138 137 136 135 134 105106107 108 109 110
128
127
126
125
124 123 122 121120119118 117 116115114113112111
50
2
3
4
50
80
10
0
1
2
3
4
201
60
60
50
60
60
60
60
60
60
6
0
50
8
0
6
0
72144
064080642606444
310 504
3
4
5
6
7
9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 332198765 4 32 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
7
12
15
16 17
1 2
6 7 8
8
16
11/01
11/04
4.76
11/0911/0811/0511/03
A C
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
DORADO PL
WOODLEY RD
BELL DR
PL
E
A
S
A
N
T
P
K
W
Y
U
N
I
V
E
R
S
I
T
Y
C
T
LMDR
P
OS/R
I
P
7 8
3
5 6
4 2
1290
22
1
0
21
3
1
21
9
1
2112
21
7
3
2172
21
6
5
2132
21
4
3
2110
21
7
3
21
2
5
21
1
7
21
4
7
21
5
5
21
3
5
21
4
9
20
9
9
21
6
7
1200
1276
21
0
9
21
9
8
2152
21
1
7
21
3
8212321
0
9
2184
2147
21
5
5
21
2
5
21
7
9
21
3
9
21
8
5
2130
1100
21
0
7
21
9
7
21
2
5
1
2
1
6
2106
21
0
1
2106
21
9
5
21
5
7
21
6
0
2190
2 1 1 9
21
2
5
2166
2115
21
7
3
21
9
1
2124
21
7
4
21
3
5
21
4
9
21
6
7
21
0
9
1 1 1 0
2111
1220
21
4
3
21
4
3
21
6
1
21
8
1
2126
1105
2100
21
8
7
21
1
7
1250
21
9
5
2178
21
8
5
20
9
1
21
3
0
21
9
1
21
8
8
121
21
5
4
2 1 6 4
04
08
120
21
9
2
21
8
1
1101
21
2
7
2112
1009
21
1
0
2160
2 1
21
4
8
2176
2122
2206
21
9
9
124
2 1 4 1
123
120
1006
2116
2130
124
2140
21
9
9
21
6
6
1107
123
125
21
8
7
2118
2 1 5 6
2140
1005
8
2180
2198
122
2186
21
4
2
21
2
4
21
1
8
21
4
1
08
2100
00
21
5
7
1111
21
3
3
1010
2192
21
3
31222
2148
2172
21
9
1
04
2118
1282
2134
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
^^^
BELCH
ER RD
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Rev. 12/8/2015
DRUID RD
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
RU
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
H
E
R
R
D
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S UNIVERSITY DR S UNIVERSITY DR
DORADO PL DORADO PL
WOODLEY RD
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GROVE AVE (trail only)
GROVE AVE (trail only)
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Rev. 12/8/2015
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2015-12034
Site:
2118 Bell Cheer Drive
2142 Bell Cheer Drive
2166 Bell Cheer Drive
Property
Size(Acres):
ROW (Acres):
0.711
N/A
Land Use Zoning
PIN:
24-29-15-06426-000-0030
24-29-15-06408-000-0080
24-29-15-06408-000-0040 From : RL R-3
Atlas Page: 308B To: RL LMDR
60
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064080642606444
310 504
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11/0911/0811/0511/03
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Rev. 12/8/2015
Single Family Residential
Single Family Residential
Single Family Residential
Single Family
Residential
Water
View looking north at the subject property, 2118 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the south of the subject property
ANX2015-12034
Alejandro and IsbeliaRios
2118 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
View looking north at the subject property, 2142 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the south of the subject property
ANX2015-12034
Diana Gloria Mendez
2142 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
View looking north at the subject property, 2166 Bell Cheer DriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2015-12034
Ryan Scott and Erika E. Frazer
2166 Bell Cheer Drive
View looking easterly along Bell Cheer DriveView looking westerly along Bell Cheer Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2190
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Clearwater Beach Marina Parking Plan - Eric Wilson, Parking Manager and Mike Quillen,
Engineering Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Scale 1" = 40'
This is not a survey EXHIBIT "A"
40 PROPOSED 9' x 17' PARK /NG LONG TERM VALET PARK /NG SPACES
7 PROPOSED 9' x 17' PARKING LONG TERM VALET PARKING SPACES
20 PROPOSED 9` F 1i" is C.:gfirti'T TERM yALET PARKING SPACES
OW
1 I'
PROPOSED
VALET PARKING
KIOSK
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY CHECKED BY
Lee Cheek
Clearwater Marina Valet Parking Concept
DWG. NO. SHEET
1 OF 1
SECT - TWNSP -RNG 08 - 29 - 15
DATE DRAWN 2/29/16
l \ C \
y
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2192
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Tourist Development Council funding request for Ruth Eckerd Hall
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2181
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Policy Regarding Infrastructure Work that May Impact Traffic - Councilmember Hamilton
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2191
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.2
SUBJECT/RECOMMENDATION:
Spring Break - Councilmember Hamilton
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2199
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.3
SUBJECT/RECOMMENDATION:
Positive discussion on transportation alternatives - Councilmember Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2200
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 13.4
SUBJECT/RECOMMENDATION:
Resolution supporting establishing a maintenance budget partnership to enable Florida
Department of Transportation installed landscaping within the right-of-way at overpasses on
US 19 - Councilmember Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
February 24, 2015
Clearwater City Council
112 South Osceola Avenue
Clearwater, FL 33756
Dear Mayor and City Councilmembers:
The Clearwater Regional Chamber of Commerce supports the beautification of
Clearwater roads through highway landscaping. Accordingly the Chamber supports the
City including landscape maintenance budgeting that will leverage state beautification
along U.S. 19 where space is available.
Now that construction along U.S. 19 is complete, more and more drivers are
encountering our overpasses and thoroughfares on and off the highway. 2014 saw an
average of 30,000 people a day go under the overpass at Drew Street and U.S. 19, which
surely has the potential to rise.
As the City continues to roll out its new brand, this is a perfect opportunity to show that
“Bright and Beautiful, Bay to Beach,” is much more than a slogan. These intersections
are the first thing many tourists and visitors encounter as they enter into the Clearwater
footprint. At the moment, there is a clear distinction in landscaping along that corridor
when you cross into Clearwater from our neighbors to the south.
This proposal was approved by the Chamber’s Economic Development Council on
December 15th, 2015 and approved by the full Board on January 29th, 2016. This is a great
opportunity to secure available state funding for the initial installation which would only
require a minimal annual maintenance fee going forward.
The Council has done an excellent job in leading the partnership that eventually
designated Courtney Campbell Causeway a Florida Scenic Highway in 2005. This can
easily be seen as an extension of that project and we urge Council to support this
proposal and extend our beautiful beach aesthetic into our mainland infrastructure.
Carol Hague
President/CEO
Clearwater Regional Chamber of Commerce
Clearwater US 19 SB approaching Sunset Point
Clearwater at Drew St
Clearwater US 19 South of Sunset Point
Pinellas Park US 19 at 118th
Resolution No. 16-
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ESTABLISHING A PRIORITY FOR US HIGHWAY 19
LANDSCAPE MAINTENANCE IN ITS BUDGETS BEGINNING IN
FY 2016/2017 TO FUND LANDSCAPE PROJECTS
IMPLEMENTED BY FDOT WITHIN THE CITY OF
CLEARWATER;PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Pinellas Metropolitan Planning Organization has prioritized US 19 as one of the
three roadway planning focuses for 2016/2017. The focus includes Transit Oriented Development; and
WHEREAS, the August 2015 Florida Transportation Plan Vision Element embraces
transportation solutions that support Quality Places to live, learn, work and play; and
WHEREAS, the Florida Department of Transportation adopted a Complete Streets Statewide
Priority on September 17, 2014 to include the State Highway System; and
WHREAS, the Florida Department of Transportation adopted an updated Highway Beautification
Policy on May 15, 2013 with the goal of “the nation’s most beautiful highways that attract and grow
business”; and
WHEREAS, the City of Clearwater has initiated a US 19 Corridor Redevelopment Plan that is in
the final stages of adoption; and
WHEREAS, US Highway 19 has undergone reconstruction in the last thirty years, but various
intersection improvements have been treated differently in terms of landscaping. The Drew intersection is
fully landscaped for which the City of Clearwater maintains the landscaping for a cost of approximately
$5,000 per year. Other US 19 intersections fully landscaped include East Bay and 118th; and
WHEREAS, the intersections of Sunset Point and SR 590 have only minimal green spaces
adjoining the MSE walls, but these spaces are the same width as what has been landscaped at 118th and
US Highway 19; and
WHEREAS, the intersections of Countryside, SR580, Enterprise and Harn Road have various
spaces which could be landscaped, but have been covered with concrete paving; and
WHEREAS, the State of Florida is required by Florida Statute 334.044(26) to set aside 1.5% of
construction projects for landscaping to be utilized within that Transportation District. Such funding can
be used for demolition prior to landscaping as well as the installation of the landscaping. Statewide this
statute generates $50,000,000 annually; and
WHEREAS, interchanges similarto those on US Highway 19 have been significantly landscaped
in other parts of Pinellas County; and
WHEREAS, the State of Florida Department of Transportation has a program of Bold New Vision
Landscaping utilizing a portion of the 1.5% funding which could be implemented along US 19; and
WHEREAS, David Downing, CEO of Visit St. Petersburg Clearwater reported on 12/1/2015 at the
Beach Chamber of Commerce Annual Breakfast that the most important element of tourism is the actual
visitor experience; and
WHEREAS, State Senator Jack Latvala has expressed support for landscaping the right of way
along US 19 and has communicated his support to the District 7 Secretary of Transportation; and
Resolution No.2
WHEREAS, FDOT District 7 Landscape Architect, Michael Kidde, has expressed interest in
working with the City of Clearwater on the feasibility of landscape improvements on US 19; and
WHEREAS, the City of Clearwater has recently adopted a new logo “Bright and Beautiful Bay to
Beach”; and
WHEREAS, the Florida Department of Transportation policy requires local governments to
provide ongoing maintenance for right of way landscaping done by the Department within their right-of-
way; and
WHEREAS, based on the current costs of maintaining Drew Street landscaping it is estimated
that the cost of landscape maintenance for all remaining areas of US 19 within Clearwater would be an
additional $25,000 to $30,000; and
WHEREAS, the Clearwater Regional Chamber of Commerce’s Economic Development
Committee and the Chamber Board have expressed support of landscaped areas along US 19; and
WHEREAS, the City of Clearwater seeks to use local funds to leverage grants from available
State funding; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section1.That the Clearwater City Council will establish a priority for US Highway 19
landscape maintenance in its budgets beginning in FY 2016/2017 to fund landscape projects
implemented by the FDOT within the City of Clearwater.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2016.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Clearwater near Sunset PointTwelve Feet Wide
Pinellas Park near 118th Nine feet Wide
Clearwater US 19 at SR 580
Largo US 19 at East Bay
www.dot.state.fl.us
Florida Department of Transportation
RICK SCOTT
GOVERNOR 605 Suwannee Street
Tallahassee, FL 32399-0450
ANANTH PRASAD
SECRETARY
POLICY Effective: May 15, 2013
Office: Production Support
Topic No.: 000-650-011-c
HIGHWAY BEAUTIFICATION
It is the policy of the Florida Department of Transportation to conserve, protect, restore, and enhance Florida’s
natural resources and scenic beauty when constructing and maintaining the State Highway System. Under
this policy, Florida can have:
The nation’s most beautiful highways that attract and grow business.
Safe roadsides that are durable, and ecologically and economically sustainable.
Measurable returns on investments that grow in value over time.
In carrying out this policy, the Department will:
Make highway beautification everyone’s business.
Accommodate existing and proposed trees and other long lived plants by consistently integrating
landscape conservation and highway beautification into the processes that are used to plan, design,
construct, and maintain roadways.
Utilize design strategies that enhance Florida’s distinctive sense of place, create lasting curb appeal,
and minimize the cost to conserve and maintain high quality landscapes.
Accept responsibility for maintenance of the state’s highest priority landscapes, as established by the
Department, when necessary to implement this policy.
Develop and implement a system to track costs and accomplishments of programs contributing to
highway beautification.
_______________________
Ananth Prasad, P.E.
Secretary
1868, 1970, 1985
MyFloridaBeautiful.com
c. 1929
MyFloridaBeautiful.com
100 million visitors?
Florida’s most visible and visited landscape
$279,994,152
MyFloridaBeautiful.com
MyFloridaBeautiful.com
No less than 1.5% of the amount contracted for
construction projects shall be allocated by the
department on a statewide basis for the purchase of plant
materials. 1999 Section 334.044(26), Florida Statutes
•Change the Paradigm –Push
the Envelop –Be BOLD -OWN
THE LANDSCAPE
•Aesthetics matters in everything
we do.
•Identify and enhance existing and
proposed landscape opportunities
early and often in the roadway
planning and design process.
•No more ugly ponds.
November 16, 2014
March 5, 2015
At Central Office Town Hall Meeting
Secretary Boxold states that highway
beautification will continue to be one
of his office’s highest priorities along
with innovation and efficiency.
@BCL@10069A15 1 printed 2/25/2016 4:03 PM
Draft Clearwater Council Resolution on US 19 Highway Landscape Maintenance Budget
Whereas, The Pinellas Metropolitan Planning Organizationhas prioritized US 19 as one of the three
roadway planning focuses for 2016/2017. The focus includes Transit Oriented Development.
Whereas the August 2015 Florida Transportation PlanVision Element embraces transportation solutions
that support Quality Places to live, learn, work and play.
Whereas the Florida Department ofTransportation adopted a Complete Streets Statewide Priorityon
September 17, 2014to include the State Highway System.
Whereas the Florida Department of Transportation adopted an updated Highway Beautification Policy
on May 15, 2013 with the goal of “the nation’s most beautiful highways that attract and grow business.”
Whereas the City of Clearwater has initiated a US 19 Corridor Redevelopment Plan that is in the final
stages of adoption.
Whereas US Highway 19 hasundergone reconstruction in the last thirty years, but various intersection
improvementshave been treated differently in terms of landscaping. The Drew intersection is fully
landscaped for which the City of Clearwater maintains the landscaping for a cost of approximately
$5,000 per year. Other US 19 intersections fully landscaped include East Bay and 118th.
Whereas the intersections of Sunset Point and SR 590 have only minimal green spaces adjoiningthe
MSE walls, but these spaces are the same width as what has been landscaped at 118th and US Highway
19.
Whereas the intersections of Countryside, SR 580, Enterprise and HarnRoadhave various spaces which
could be landscaped, but have been covered with concretepaving.
Whereas the State of Florida is required by Florida Statute334.044(26) to set aside 1.5% of construction
projectsfor landscaping to be utilized within thatTransportation District. Such funding can be used for
demolition prior to landscapingas well as the installation of the landscaping. Statewide this statute
generates $50,000,000 annually.
Whereas interchanges similar to those on US Highway 19 have been significantly landscaped in other
parts of Pinellas County.
Whereas the State of Florida Department of Transportation has a program of Bold New Vision
Landscaping utilizing a portion of the 1.5% funding which could be implemented along US 19.
Whereas David Downing, CEO of Visit St. Petersburg Clearwater reported on 12/1/2015 at the Beach
Chamber of Commerce Annual Breakfast thatthe most important element of tourism is the actual
visitor experience.
Whereas State Senator Jack Latvala has expressed support for landscaping the right of way along US 19
and has communicated his support to the District 7 Secretary of Transportation.
@BCL@10069A15 2 printed 2/25/2016 4:03 PM
Whereas FDOT District 7 Landscape Architect, Michael Kidde, has expressed interest in working with the
City of Clearwater on the feasibility of landscape improvements on US 19.
Whereas the City of Clearwater has recently adopted a new logo “Bright and Beautiful Bay to Beach”.
Whereas the Florida Department of Transportation policy requires local governments to provide
ongoing maintenance for right of way landscapingdone by the Department within their right-of-way.
Whereas based on the current costs of maintaining Drew Street landscaping it is estimated that the cost
of landscape maintenance for all remaining areas of US 19 within Clearwater would be an additional
$25,000 to $30,000.
Whereas the Clearwater Regional Chamber of Commerce’s Economic Development Committee and the
Chamber Board have expressed support of landscaped areas along US 19.
Whereas the City of Clearwater seeks to use local funds to leverage grants from available State funding.
Therefore be it resolved that the Clearwater City Council will establisha priority for US Highway 19
landscapemaintenance in its budgets beginning in FY 2016/2017 to fund landscape projects
implemented by the FDOT within the City of Clearwater.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2137
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.1
SUBJECT/RECOMMENDATION:
Newspaper in Education Week Proclamation - Sue Bedry, Newspaper in Education and
Florida Press Educational Services
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2167
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.2
SUBJECT/RECOMMENDATION:
Clearwater for Youth Scholarships/Awards - Dawn Daugherty, Chairperson CFY Scholarship
Committee
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2168
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.3
SUBJECT/RECOMMENDATION:
Youth Arts Month Proclamation - Beth Daniels, President Clearwater Arts Alliance
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2189
Agenda Date: 2/29/2016 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.4
SUBJECT/RECOMMENDATION:
Calvary Church Day Proclamation - Pastor William Rice
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 2/25/2016